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Backup Documents 07/10/2018 Item #17A July 10, 2018 LDC Amendments 1 7 A Land Donation/Preserves OI" 14.> t% COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS �� To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) **:t*i;**k***is******i:*k*****k***A-*9:**********9:********'l•it*** *********k** * *kA****k*:F***A•***************** Originating Dept/Div: Operations and Regulatory Management Person: Jeremy Frantz, LDC Manager Date: Wednesday,June 13, 2018 Petition No. (If none,give brief description): N/A Petitioner: (Name&Address): N/A Name&Address of any person(s) to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other: Requested Hearing date: Tuesday,July 10,2018 Notice to run:Monday,June 25,2018 Notice to run not later than: Monday,June 25,2018 Newspaper(s)to be used: (Complete only if important): X Naples Daily News ❑ Other X Legally Required Proposed Text: (Include Title of the Ordinance/Resolution(or just write in see attached document), legal description,common location&size): Please see attached legal ad. Please publish the following public notice in your edition on Monday, June 25, 2018. Please furnish proof of publication of each advertisement to the Collier County Growth Management Department, Division of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Jeremy Frantz Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: I)epartinent: Land Development Services, Zoning Review Section; Fund & Cost Center: 131-138909-634999; Purchase Order Number: 4500182060; Account Number: 068779 P.O.#4500176563 Reviewed by: .4101a, Allki 6411g ion A rinistrator or Designee Date List Attachments: Legal Ad.Proposed Ordinance to be furnished closer to the hearing 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: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. **:**************k** ***.******************************.****** ;k***•k*•Jr ASG''****zk.F*sP** ***ki4*dr::'*** drat S****h•kskdr3e. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 1 7 A DRAFT 6/11/18 ORDINANCE NO. 18 — AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS, TO AMEND DESIGN STANDARDS RELATING TO OFF- SITE PRESERVES AND TO MODIFY REQUIREMENTS FOR MONETARY PAYMENT AND LAND DONATION OFF-SITE PRESERVE ALTERNATIVES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on April 10, 2018 and July 10, 2018, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and Page 1 of 11 Words struck through are deleted,words underlined are added 1 7 A DRAFT 6/11/18 WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. Page 2 of 11 Words struck through are deleted,words underlined are added 7 A DRAFT 6/11/10 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. Page 3 of 11 Words struck through are deleted,words underlined are added 17 A DRAFT 6/11/18 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 3.05.07 Preservation Standards H. Preserve standards. 1. Design standards. * * * * * * * * * * * * f. Off-site vegetation retention. Purpose and Intent. The purpose of this subsection f is to identify the criteria to satisfy on-site preserve requirements off site. The intent of the on-site preserve requirement is to retain, maintain, and preserve existing native vegetation on site as provided for in the Conservation and Coastal Management Element of the GMP. However, in limited situations on-site preserve may be considered less viable as a functional preserve if it is 21,780 square feet (one- half acre) or less and isolated. Therefore, in limited situations, providing for a preserve off site can achieve the goals and objectives of the GMP. This section shall not apply to lands located within the RLSA or RFMU districts. Applicability. A property owner may request that all or a portion of the Collier County on site native vegetation preservation retention requirement be satisfied offsite for only the following situations and subject to the restrictions listed below. requirement is less than 2 acres in size. Page 4 of 11 Words struck through are deleted,words underlined are added 1 7 A DRAFT 6/11/18 • • than one acre in size. c) Essential service facilities other than parks, for any size preserves. d) Preserves less than on acre in size e) Affordable housing projects. The maximum percent of native vegetation retention allowed offsite shall be equal to the percent of affordable housing units, without limitation as to size of the preserve. f) Existing or proposed preserves with 75 percent or more coverage with exotic vegetation. Existing preserves not previously overrun with this type vegetation and which arrive at this state due to lack of management of the preserve shall mitigate off site at a ratio of 2 to 1. g) Created preserves which do not meet the success criteria in 3.05.07 H.1.e.viii or where preserves have not been planted in a manner which mimics a natural plant community. h)--P-reserves which do not meet the minimum dimensional requirements of this section. f) Portions of preserves located within platted single family lots. j) Right of Way acquisitions to be conveyed or in the process of being conveyed to the County by non governmental entities for all purposes necessary for roadway construction, including ancillary drainage facilities, and k) All criteria listed for created preserves. ii. Restrictions, when one or more of the following situations occur. Applicability and prohibitions. Except where it is prohibited, applicants may request that the on-site native vegetation retention requirement be satisfied in full off site where the native vegetation requirement is 21,780 square feet (one-half acre) or less, and the preserves have not been identified on an approved development Page 5 of 11 Words struck through are deleted,words underlined are added 1 7 A DRAFT 6/11/18 order by the County. Off-site preserves are prohibited if one or more of the following is found on site: a) Xeric scrub., and hardwood hammocks which are one acre or more in size, mangrove (excluding mangrove fringes less than 40 feet in width, as measured from the root line, on artificially created shorelines), coastal dune and strand environments, and listed species habitat or corridors per the requirements or recommendations of the FFWCC or USFWS1 •- e e - - - e •- -- _ ' - _ .. - vegetation preservation retention requirement provided offsite. b) Preserves shall remain onsite if that are located within or contiguous to natural flowways required to be retained per the requirements of the SFWMD, natural water bodies, estuaries, government required preserves (not meeting the off-site preservation criteria herein), NRPAs, or contiguous to property designated for purchase by Conservation Collier or purchased by Conservation Collier, or contiguous to properties containing listed species nests, buffers, corridors and foraging habitat per the requirements or recommendations of the FFWCC or USFWS. For the purpose of this section, natural flowways shall also include those identified during wetland permitting with applicable State and Federal agencies, regional drainage studies, or surface water management permits.; or c) Remaining portions of on site preserves must be a minimum of one acre in size and shall not meet the offsite criteria of sub section 3.05.07 H.1.f.i.(f) and (g) above, unless preserved with higher quality habitat not qualifying c) The on-site native vegetation retention requirement is greater than 21,780 square feet (one-half acre). iii. Off-site preserves approved administratively. Except as limited in LDC section 3.05.07 H.1.f.ii., the County Manager or designee Page 6 of 11 Words struck-through are deleted,words underlined are added I7A DRAFT 6/11/18 may approve deviations to meet the on-site preserve requirements off site in only the following four situations: a) Essential services facilities; b) Affordable housing approved by the Collier County Community and Human Services Division c) Projects where on-site native vegetation is fragmented; or d) Projects where on-site native vegetation is not contiguous to off-site preserve areas. iv. Off-site preserves approved through a public hearing. Except as limited in LDC section 3.05.07 H.1.f.ii., applicants may request a PUD deviation or variance, as applicable, to meet the on-site preserve requirement off site. a) PUD deviations shall be processed in accordance with the procedures in LDC section 10.02.13. b) Variances shall be processed in accordance with the procedures in LDC section 10.09.00. v. For the purposes this section, the preserve requirement shall be based on the total acreage for the PUD or development order, as applicable, and not based on an individual phase or phases of a development, consistent with LDC section 3.05.07 H.1.a. If the on- site native vegetation retention requirement is satisfied off site, then all of the required preserve will be satisfied off site. Off-site Alternatives. Off-site native vegetation retention requirements may be satisfied met by monetary payment or by land donation. a) Monetary payment alternative. Applicants shall make monetary payment to Collier County. Such funds will shall be used by the County for the purchase and management of off-site conservation lands within the county. The monetary payment amount shall be based on the post development appraisal value per acre multiplied by the preserve requirement, then multiplied by 1.25 to establish the endowment amount. The appraisal shall be performed by a state certified appraiser. In addition, the fee for initial exotic vegetation removal shall be paid by the applicant as Page 7 of 11 Words struck through are deleted,words underlined are added 17A DRAFT 6/11/18 established in the Parks and Recreation Division Fee Schedule. location of the land to be impacted and be equal to 125 percent of the average cost of land in the Urban Designation or 125 percent of the average cost for all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program. This monetary payment shall be made prior to the preconstruction meeting for the SDP or final plat construction plans. b) Land donation alternative. In lieu of monetary payment, applicants may choose to donate land for conservation purposes at a ratio of 4:1 to Collier County or to another government agency. In the event of donation to Collier County, the applicant may acquire and subsequently donate land within the project boundaries of Winchester Head, North Golden Gate Estates Unit 53, another multi- parcel project or any other land designated by Conservation Collier donation acceptance procedures. i) Applicants who choose to donate land shall be required to demonstrate that the land to be donated contains native vegetation communities equal to or of higher priority (as described in subsection 3.05.07 A.) than the land required to be preserved onsite. In no case shall the acreage of land donated be less than the acreage of land required to be preserved onsite. Land donated to satisfy the off- site vegetation retention requirement must be located entirely within Collier County. Donations of land for preservation shall be made to a federal, state or local government agency established or authorized to accept lands for the conservation and management of land in perpetuity, subject to the policies and procedures of the receiving entity. Lands donated to Collier County must include a cash endowment payment for management of the Page 8 of 11 Words struck through are deleted,words underlined are added I7A DRAFT 6/11/18 land. The cash endowment shall be established in the Collier County Parks and Recreation Division Fee Schedule. The amount of this payment shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost in all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program. Applicants shall provide evidence that donations of land for preservation and endowments for management have been accepted by and donated to the entity stated above, at the time of the preconstruction meeting for the SDP or final plat and construction plans. Exotics shall be removed in accordance with the time frames provided in 3.05.07 H.2. State and Federal agency requirements for mitigation, remediation and monitoring for the donated land shall be the responsibility of the applicant. iv:vii. PUD zoning. Where the off site native vegetation retention PUD master plan, a PUD amendment is not required. Preserves or portions of preserves identified on a PUD master plan shall require an amendment to the PUD master plan to use the native vegetation retention alternative, subject to LDC section 10.02.13 E, unless the option to use the off-site native vegetation retention alternative is included in the PUD. viii. Deviations or variances from LDC section 3.05.07 H.1.f. are prohibited. g. Preserve management plans. Criteria i, ii, vii and viii below are required for all preserves whether a management plan for the preserve is required or not. Preserve Management Plans shall be required for all properties with 5 acres or more of preserve or where listed species are utilizing the preserve or where the preserve contains habitat which requires Page 9 of 11 Words struck through are deleted,words underlined are added 1 7 A DRAFT 6/11/18 management for fire (such as Pine Flatwoods, Palmetto Prairie or Scrub). The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and function as proposed. A Preserve Management Plan shall include the following elements: * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. Page 10 of 11 Words struck through are deleted,words underlined are added 1 7 A DRAFT 6/11/18 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 10th day of July, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: Scott A. Stone Assistant County Attorney 04-CMD-01077/ (6/11/18) Page 11 of 11 Words struck through are deleted,words underlined are added 17A Acct #068779 June 15, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: LDC Amendment — Land Donations/Preserves Dear Legals: Please advertise the above Legal Notice on Monday, June 25, 2018 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500182060 1 7 A NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on July 10, 2018, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider an amendment to the Collier County Land Development Code. The meeting will commence at 9:00 a.m. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS, TO AMEND DESIGN STANDARDS RELATING TO OFFSITE PRESERVES AND TO MODIFY REQUIREMENTS FOR MONETARY PAYMENT AND LAND DONATION OFF-SITE PRESERVE ALTERNATIVES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252- 8380, at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ANDY SOLIS, CHAIRMAN LAIRD A. LYLE, INTERIM CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17A Martha S. Vergara From: Martha S. Vergara Sent: Friday, June 15, 2018 11:52 AM To: Legals NDN (legals@naplesnews.com) Subject: LDC Amendment - Land Donations/Preserves Attachments: LDCA - Land Donations-Preserves (07-10-18).doc; LDC Amendment Land Donation- Preserves (7-10-18).docx Hello, Please advertise the following attached ad Monday, June 25, 2018. Please forward an ok when received, if you have any questions feel free to call me. Martha VerScara, gMRSewaor C-Ley Mwutes Records Dept. C.Lerl2 of the ci,rcui,t court vaLue Acjustv&ewt Board D f ftze: (239) 252-7240 Fax: (239) 252-2408 E-14,0 : vVt.artha.vergara@coMercLerkk.coW'_ 1 17A Martha S. Vergara From: Legals@naplesnews.com Sent: Friday, June 15, 2018 3:37 PM To: Martha S. Vergara Subject: For your approval Ad: 2045386, NOTICE OF INTENT TO CONSIDER ORDINAN Attachments: BCCZON I NG D-16-2045386-1.pdf Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 1 > Ad Proof NapLrii 1Ott Sales Rep:Mereida Cardenas(N9103) Phone: Email: Account Information >Insertion Information Date:06/15/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:2045386 P.O.No.:4500186697 Total Cost:$368.90 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:06/25/18 Stop Date:06/25/18 Phone:(239)774-8049 Fax:(239)774-6179 Number of Timess: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com 5 Ad Proof I agree this ad is accurate and as ordered. NOTICE OF INTENT TO PRESERVATION STANDARDS, of the proceedings, and for CONSIDER ORDINANCE TO AMEND DESIGN such purpose he may need NOTICE OF LAND STANDARDS RELATING TO to ensure that a verbatim DEVELOPMENT CODE CHANGE OFFSITE PRESERVES AND TO record of the proceedings is MODIFY REQUIREMENTS FOR made, which record includes Notice is hereby given that MONETARY PAYMENT AND the testimony and evidence on July 10,2018, in the Board LAND DONATION OFF-SITE upon which the appeal is to of County Commissioners PRESERVE ALTERNATIVES; be based. Meeting Room, 3rd Floor, SECTION FOUR,CONFLICT AND Building "F," Collier County SEVERABILITY;SECTION FIVE, If you are a person with a Government Center, 3299 INCLUSION IN THE COLLIER disability who needs any Tamiami Trail East, Naples, COUNTY LAND DEVELOPMENT accommodation in order to Florida 34112, the Collier CODE; AND SECTION SIX, participate in this proceeding, County Board of County EFFECTIVE DATE. you are entitled,at no cost to Commissioners will consider you,to the provision of certain an amendment to the Collier All interested parties are assistance. Please contact County Land Development invited to appear and be the Collier County Facilities Code. The meeting will heard.Copies of the proposed Management Division,at 3335 commence at 9:00 a.m. The amendments are available Tamiami Trail East, Suite 101, title of the proposed ordinance for public inspection in the Naples, FL 34112-5356, (239) is as follows: Zoning and Land Development 252-8380, at least two days Review Section, Growth prior to the meeting.Assisted AN ORDINANCE OF THE Management Department, listening devices for the BOARD OF COUNTY 2800 N. Horseshoe Drive, hearing impaired are available COMMISSIONERS OF COLLIER Naples, Florida, between the in the Board of County COUNTY,FLORIDA,AMENDING hours of 8:00 A.M. and 5:00 Commissioner's Office. ORDINANCE NUMBER 04-41, P.M.,Monday through Friday. AS AMENDED, THE COLLIER BOARD OF COUNTY COUNTY LAND DEVELOPMENT Furthermore,materials will be COMMISSIONERS CODE, WHICH INCLUDES made available for inspection COLLIER COUNTY,FLORIDA THE COMPREHENSIVE at the Collier County Clerk's ANDY SOLIS,CHAIRMAN LAND REGULATIONS FOR Office, Building F, Fourth THE UNINCORPORATED Floor,Suite 401,Collier County LAIRD A.LYLE,INTERIM CLERK AREA OF COLLIER COUNTY, Government Center, East By: Martha Vergara, Deputy FLORIDA, BY PROVIDING FOR: Naples, one week prior to the Clerk (SEAL) SECTION ONE, RECITALS; scheduled hearing. June 25,2018 No.2045386 SECTION TWO, FINDINGS OF FACT; SECTION THREE, If a person decides to ADOPTION OF AMENDMENTS appeal any decision made TO THE LAND DEVELOPMENT by the Collier County Board CODE, MORE SPECIFICALLY of County Commissioners AMENDING: CHAPTER THREE with respect to any matter - RESOURCE PROTECTION, considered at such meeting or INCLUDING SECTION 3.05.07 hearing,he will need a record Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 1 ? A Martha S. Vergara From: Martha S. Vergara Sent: Friday, June 15, 2018 3:39 PM To: 'FrantzJeremy'; 'KendallMarcia'; 'NeetVirginia' Subject: LDC Amendment - Land Donations/Preserves Attachments: BCCZONINGD-16-2045386-1.pdf Hello All, Attached is the LDC ad proof. Please review and let me know of any changes needed. Thanks, Martha 1 1 7 A Martha S. Vergara From: KendallMarcia <Marcia.Kendall@colliercountyfl.gov> Sent: Friday, June 15, 2018 3:40 PM To: Martha S.Vergara Subject: Automatic reply: LDC Amendment - Land Donations/Preserves I am currently out of the office, returning Monday,June 18, 2018. Otherwise, should you require immediate assistance, please call (239) 252-2400 and dial 0 for an operator, or look for staff phone numbers and email listings located on our Comprehensive Planning website homepage: http://www.colliergov.net/index.aspx?page=96 If you wish,you may leave a detailed email or phone message, I will be happy to respond to you upon my return. Thank You! My Phone: (239)252-2387 My eFax: (239)252-6675 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 1 7 A Martha S. Vergara From: Martha S.Vergara Sent: Friday, June 15, 2018 3:52 PM To: Naples Daily News Legals Subject: REVISION REQUEST RE: For your approval Ad: 2045386, NOTICE OF INTENT TO CONSIDER ORDINAN Hi Mereida, Please make the change to the name and title of the new Interim Clerk: Shows: LAIRD A. LYLE, INTERIM CLERK Should read: LAIRD A. LILE, CLERK ad INTERIM t I >Ad Proof I aasce this ad is accurate and as ordered NOTICE OF INTENT TO PRESERVATION STANDARDS, of the proceedings, and for CONSIDER ORDINANCE TO AMEND DESIGN such purpose he may need NOTICE OF LAND STANDARDS RELATING TO to ensure that a verbatim DEVELOPMENT CODE CHANGE OFFSITE PRESERVES AND TO record of the proceedings is MODIFY REQUIREMENTS FOR made, which record Includes Notice is hereby given that MONETARY PAYMENT AND the testimony and evidence on July 10,2910,in the Board LAND DONATION OFF-SITE upon which the appeal is to of County Commissioners PRESERVE ALTERNATIVES; be based. Meeting Room. 3rd Floor, SECTION FOUR,CONFLICTAND Building "F.- Collier County SEVERABILITY;SECTION FIVE, If you are a person with a Government Center, 3299 INCLUSION IN THE COLLIER disability who needs any Tamiami Trail East, Naples, COUNTY LAND DEVELOPMENT accommodation in order to Florida 34112, the Collier CODE; AND SECTION SIX, participate in this proceeding, County Board of Courtly EFFECTIVE DATE, you are entitled,at no cost to Commissaners will consider you,to the provision of certain an amendment to the Collier All interested parties are assistance. Please contact. County Land Development invited to appear and be the Collier County Facilities Code, The meeting will heard.Copies al the proposed Management Division,at 3335 commence at 9:00 a.m. The amendments are available Tamiami Trail East,Suite 101, title ol theproposed ordinance for public inspection in the Naples, FL 34112.5356, (239) is as follows; Zoning and Land Development 252.8380, at least two days Review Section, Growth prior to the meeting Assisted AN ORDINANCE OF THE Management Department, listening devices for the BOARD OF COUNTY 2800 N. Horseshoe Drive, hearing impaired are available COMMISSIONERS OF COWER Naples, Florida, between the in the Board of County COUNTY,FLORIDA,AMENDING hours of 8:00 A.M. and 5:00 Commissioner's Office. ORDINANCE NUMBER 94-41, P.M..Monday through Friday. AS AMENDED. THE COLLIER BOARD OF COUNTY COUNTY LAND DEVELOPMENT furthermore,materials will be COMMISSIONERS CODE, WHICH INCLUDES made available for inspection COLLIER COUNTY,FLORIDA THE COMPREHENSIVE at the Collier County Clerk's ANDY SOLIS,CHAIRMAN LAND REGULATIONS FOR Office, Building F, Fourth THE UNINCORPORATED Floor,Suite 401,Collier County LAIRD A.LYLE,INTERIM CLERK., AREA OF COLLIER COUNTY, Government. Center, East '"-By: Martha Vergara, Deputy' FLORIDA,BY PROVIDING FOR: Naples.one week prior to the Clerk (SEAL) SECTION ONE, RECITALS; scheduled hearing, June 25,2018 No.2045386 SECTION TWO, FINDINGS OF FACT; SECTION THREE, II a person decides to ADOPTION OF AMENDMENTS appeal any decision made TO THE LAND DEVELOPMENT by the Collier County Board CODE, MORE SPECIFICALLY of County Commissioners AMENDING: CHAPTER THREE with respect to any matter - RESOURCE PROTECTION, considered at such meeting or INCLUDING SECTION 3.05.07 hearing,he will need a record 'thank you for your t'iotrsres Our commitment to a quality product Includes the advertising in our publication*.. As such,Gannett n auxin,edit and refine certain classified ads.Your satisfaction k important. lino.]notice errors in your ad.please notify the dassitic Thanks, Martha Original Message From: Legals@naplesnews.com <Legals@naplesnews.com> 1 I7A Sent: Friday,June 15, 2018 3:37 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: For your approval Ad: 2045386, NOTICE OF INTENT TO CONSIDER ORDINAN Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 2 17A Martha S. Vergara From: Legals@naplesnews.com Sent: Friday, June 15, 2018 4:19 PM To: Martha S.Vergara Subject: Revised Ad: 2045386, NOTICE OF INTENT TO CONSIDER ORDINAN Attachments: BCCZON I NG D-17-2045386-1.pdf Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 1 > Ad Proof 1 7 A Nitpirs :ruts Sales Rep:Mereida Cardenas(N9103) Phone: Email: Account Inform iation >Insertion Information Date:06/15/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:2045386 P.O.No.:4500186697 Total Cost:$371.87 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:06/25/18 Stop Date:06/25/18 Phone:(239)774-8049 Fax:(239)774-6179 Number of Timess: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com >Ad Prof I agree this ad is accurate and as ordered. NOTICE OF INTENT TO PRESERVATION STANDARDS, of the proceedings, and for CONSIDER ORDINANCE TO AMEND DESIGN such purpose he may need NOTICE OF LAND STANDARDS RELATING TO to ensure that a verbatim DEVELOPMENT CODE CHANGE OFFSITE PRESERVES AND TO record of the proceedings is MODIFY REQUIREMENTS FOR made, which record includes Notice is hereby given that MONETARY PAYMENT AND the testimony and evidence on July 10,2018, in the Board LAND DONATION OFF-SITE upon which the appeal is to of County Commissioners PRESERVE ALTERNATIVES; be based. Meeting Room, 3rd Floor, SECTION FOUR,CONFLICT AND Building "F," Collier County SEVERABILITY; SECTION FIVE, If you are a person with a Government Center, 3299 INCLUSION IN THE COLLIER disability who needs any Tamiami Trail East, Naples, COUNTY LAND DEVELOPMENT accommodation in order to Florida 34112, the Collier CODE; AND SECTION SIX, participate in this proceeding, County Board of County EFFECTIVE DATE. you are entitled,at no cost to Commissioners will consider you,to the provision of certain an amendment to the Collier All interested parties are assistance. Please contact County Land Development invited to appear and be the Collier County Facilities Code. The meeting will heard.Copies of the proposed Management Division,at 3335 commence at 9:00 a.m. The amendments are available Tamiami Trail East, Suite 101, title of the proposed ordinance for public inspection in the Naples, FL 34112-5356, (239) is as follows: Zoning and Land Development 252-8380, at least two days Review Section, Growth prior to the meeting.Assisted AN ORDINANCE OF THE Management Department, listening devices for the BOARD OF COUNTY 2800 N. Horseshoe Drive, hearing impaired are available COMMISSIONERS OF COLLIER Naples, Florida, between the in the Board of County COUNTY,FLORIDA,AMENDING hours of 8:00 A.M. and 5:00 Commissioner's Office. ORDINANCE NUMBER 04-41, P.M.,Monday through Friday. AS AMENDED, THE COLLIER BOARD OF COUNTY COUNTY LAND DEVELOPMENT Furthermore,materials will be COMMISSIONERS CODE, WHICH INCLUDES made available for inspection COLLIER COUNTY,FLORIDA THE COMPREHENSIVE at the Collier County Clerk's ANDY SOLIS,CHAIRMAN LAND REGULATIONS FOR Office, Building F, Fourth THE UNINCORPORATED Floor,Suite 401,Collier County LAIRD A. LILE, CLERK ad AREA OF COLLIER COUNTY, Government Center, East INTERIM FLORIDA, BY PROVIDING FOR: Naples,one week prior to the By: Martha Vergara, Deputy SECTION ONE, RECITALS; scheduled hearing. Clerk (SEAL) SECTION TWO, FINDINGS June 25,2018 No.2045386 OF FACT; SECTION THREE, If a person decides to ADOPTION OF AMENDMENTS appeal any decision made TO THE LAND DEVELOPMENT by the Collier County Board CODE, MORE SPECIFICALLY of County Commissioners AMENDING: CHAPTER THREE with respect to any matter - RESOURCE PROTECTION, considered at such meeting or INCLUDING SECTION 3.05.07 hearing,he will need a record Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 1 7 A Martha S. Vergara From: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Sent: Monday, June 18, 2018 8:44 AM To: Martha S. Vergara; KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: RE: LDC Amendment - Land Donations/Preserves I have no changes.Thank you. Respectfully, Jeremy Frantz, AICP Land Development Code Manager Original Message From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday,June 15, 2018 3:39 PM To: FrantzJeremy<Jeremy.Frantz@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: LDC Amendment- Land Donations/Preserves Hello All, Attached is the LDC ad proof. Please review and let me know of any changes needed. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 17A Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Monday, June 18, 2018 11:44 AM To: Martha S.Vergara Subject: FW: LDC Amendments - Land Donations/Preserves See below Original Message From: StoneScott Sent: Monday,June 18, 2018 11:42 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: NeetVirginia <Virginia.Neet@colliercountyfl.gov>;AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Subject: RE: LDC Amendments- Land Donations/Preserves Looks good, thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 Original Message From: RodriguezWanda Sent: Monday,June 18, 2018 9:54 AM To: StoneScott<Scott.Stone@colliercountyfl.gov> Cc: NeetVirginia <Virginia.Neet@colliercountyfl.gov>;AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Subject: FW: LDC Amendments- Land Donations/Preserves Scott, The ordinance title is correct. Please review and provide approval to Dinny asap.Thanks, Wanda Rodriguez,ACP Advanced Certified Paralegal Office of the County Attorney (239) 252-8400 Original Message From: NeetVirginia Sent: Monday,June 18, 2018 9:40 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: LDC Amendments- Land Donations/Preserves Wanda: This is the revised. They had to revise Clerk Attestion. 1 1 7 A Dinny Original Message From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday,June 15, 2018 4:22 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: LDC Amendments- Land Donations/Preserves Dinny, Attached is the revised ad proof. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 17 A Martha S. Vergara From: Martha S. Vergara Sent: Monday, June 18, 2018 12:10 PM To: Naples Daily News Legals Subject: RE: For your approval Ad: 2045386, NOTICE OF INTENT TO CONSIDER ORDINAN Morning Mereida, This ad has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha Original Message From: Legals@naplesnews.com <Legals@naplesnews.com> Sent: Friday,June 15, 2018 3:37 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: For your approval Ad: 2045386, NOTICE OF INTENT TO CONSIDER ORDINAN Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com i 17A Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, June 20, 2018 4:05 PM To: 'Cardenas, Mereida' Subject: Changes to the Clerk Title in ad proofs Hi Mereida, The Governor has appointed a new Interim Clerk. Even though the following ads have been approved can you please change the Clerk title to the following: CRYSTAL K. KINZEL, INTERIM CLERK By: Martha Vergara, Deputy Clerk (SEAL) For the following ad #'s and provide a new ad proof: 2043862 2045386 and 2046360 Thanks, MCirtkOi VereGfwc, SMR .sevaor Cl,eri2 M%vuttes Records wept. Cl,erh of the Ci,rcurt Court valf,ce.Adjustvteva:hoard o f fize: (239) 252-7240 f&X: (23,5) 252-8408 Fvla4l: vv c rtka.verep raPGo111,erGl,erk,6oWt 1 7 A > AdProoI 1 sit ro3att rwi Sales Rep:Mereida Cardenas(N9103) Phone: Email: —111111 1«�,unl inli�rm,lli�m Date:06/20/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:2045386 P.O.No.:4500186697 Total Cost:$371.87 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:06/25/18 Stop Date:06/25/18 Phone:(239)774-8049 Fax:(239)774-6179 Number of Timess: 1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com i�'Emfih>Ad Props I agree this ad is accurate and as ordered. NOTICE OF INTENT TO PRESERVATION STANDARDS, of the proceedings, and for CONSIDER ORDINANCE TO AMEND DESIGN such purpose he may need NOTICE OF LAND STANDARDS RELATING TO to ensure that a verbatim DEVELOPMENT CODE CHANGE OFFSITE PRESERVES AND TO record of the proceedings is MODIFY REQUIREMENTS FOR made, which record includes Notice is hereby given that MONETARY PAYMENT AND the testimony and evidence on July 10, 2018, in the Board LAND DONATION OFF-SITE upon which the appeal is to of County Commissioners PRESERVE ALTERNATIVES; be based. Meeting Room, 3rd Floor, SECTION FOUR,CONFLICT AND Building "F," Collier County SEVERABILITY; SECTION FIVE, If you are a person with a Government Center, 3299 INCLUSION IN THE COLLIER disability who needs any Tamiami Trail East, Naples, COUNTY LAND DEVELOPMENT accommodation in order to Florida 34112, the Collier CODE; AND SECTION SIX, participate in this proceeding, County Board of County EFFECTIVE DATE. you are entitled,at no cost to Commissioners will consider you,to the provision of certain an amendment to the Collier All interested parties are assistance. Please contact County Land Development invited to appear and be the Collier County Facilities Code. The meeting will heard.Copies of the proposed Management Division,at 3335 commence at 9:00 a.m. The amendments are available Tamiami Trail East, Suite 101, title of the proposed ordinance for public inspection in the Naples, FL 34112-5356, (239) is as follows: Zoning and Land Development 252-8380, at least two days Review Section, Growth prior to the meeting.Assisted AN ORDINANCE OF THE Management Department, listening devices for the BOARD OF COUNTY 2800 N. Horseshoe Drive, hearing impaired are available COMMISSIONERS OF COLLIER Naples, Florida, between the in the Board of County COUNTY,FLORIDA,AMENDING hours of 8:00 A.M. and 5:00 Commissioner's Office. ORDINANCE NUMBER 04-41, P.M.,Monday through Friday. AS AMENDED, THE COLLIER BOARD OF COUNTY COUNTY LAND DEVELOPMENT Furthermore,materials will be COMMISSIONERS CODE, WHICH INCLUDES made available for inspection COLLIER COUNTY,FLORIDA THE COMPREHENSIVE at the Collier County Clerk's ANDY SOLIS,CHAIRMAN LAND REGULATIONS FOR Office, Building F, Fourth THE UNINCORPORATED Floor,Suite 401,Collier County CRYSTAL K.KINZEL, AREA OF COLLIER COUNTY, Government Center, East INTERIM CLERK FLORIDA, BY PROVIDING FOR: Naples, one week prior to the By: Martha Vergara, Deputy SECTION ONE, RECITALS; scheduled hearing. Clerk (SEAL) SECTION TWO, FINDINGS June 25,2018 No.2045386 OF FACT; SECTION THREE, If a person decides to ADOPTION OF AMENDMENTS appeal any decision made TO THE LAND DEVELOPMENT by the Collier County Board CODE, MORE SPECIFICALLY of County Commissioners AMENDING: CHAPTER THREE with respect to any matter - RESOURCE PROTECTION, considered at such meeting or INCLUDING SECTION 3.05.07 hearing,he will need a record Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 17A If you are a person with a disability who needs any accommodation in order to NOTICE OF INTENT TO participate in this proceeding, CONSIDER ORDINANCE NOTICE OF LAND you are entitled,at no cost to DEVELOPMENT CODE CHANGE .K,',..',:- -_,...'-'4'.4', 1".; 14,..1.,:'..,..;,-;zfyou,to.theprovision of certain assistance. Please contact Notice is herebyFturelotices, _ ;t ,".; the.Collier County Facilities on July 10, 2018, ngtihe Board Management Division, at 3335 of Commissioners Florida 34112, the Collier ' Tamiami Trail East, Suite 101, of CountyoRoom, 3rd Floor, County Board of County Naples, FL 34112-5356, (239) Building "F," Collier CountyCommissioners will consider 252-8380, at least two days , an amendment to the Collierprior to the meeting. Assisted Government Center, 3299 Tamiami Trail East, Naples, i County Land Development stening devices for the Florida Trail the Collier Code. The meeting will hearing impaired are available in the Board of County commence at 9:00 a.m. The , title of the proposed ordinance I Commissioner's Office. is as follows: BOARD OF COUNTY AN ORDINANCE OF THE COMMISSIONERS BOARD OF COUNTY COLLIER COUNTY,FLORIDA COMMISSIONERS OF COLLIER ANDY SOLIS,CHAIRMAN COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 04-41, CRYSTAL K.KINZEL, AS AMENDED, THE COLLIER INTERIM CLERK COUNTY LAND DEVELOPMENT By: Martha Vergara, Deputy CODE, WHICH INCLUDES Clerk (SEAL) THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, N ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT r 0 Z i CODE, MORE SPECIFICALLY AMENDING: CHAPTER THREE In - RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 ,o, Q I PRESERVATION STANDARDS, TO AMEND DESIGN Co STANDARDS RELATING TO , col OFFSITE PRESERVES AND TO N a MODIFY REQUIREMENTS FOR �; a ` MONETARY PAYMENT AND N a LAND DONATION OFF-SITE w Z ' PRESERVE ALTERNATIVES; z ! SECTION FOUR,CONFLICT AND n SEVERABILITY;SECTION FIVE, INCLUSION IN THE COLLIER ; COUNTY LAN Q 3 cw CODE; ANDD SECTION DEVELOPMS SIX, O .. i EFFECTIVE DATE. Z ., to O N LL, All interested parties are z I invited to appear and be ,, z heard.Copies of the proposed amendments are available 2 } for public inspection in the O C Zoning and Land Development u 0 Review Section, Growth , ui z Management Department, 3 0 2800 N. Horseshoe Drive, Lu 2 Naples, Florida, between the z hours of 8:00 A.M. and 5:00 tn w P.M.,Monday through Friday. i J , 0 a sr Furthermore,materials will be a `- made available for inspection Z at the Collier County Clerk's Office, Building F, Fourth Floor,Suite 401,Collier County Government Center, East i Naples, one week prior to the scheduled hearing. If a person decides to j 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. 17A A .4ttpirs BMW ,. ..rtits NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 2045386 NOTICE OF INTENT TO 4500186697 Pub Dates June 25,2018 • tirdit (Sign ture of affiant) :"`••'' KAROI E KANGASNotary Public- ' I of Sworn to and subscribed before me E � GGMOOFlorida I This June 25,2018 �" ' MyGo .ExpUec1WM,70aI txn (Signature of affiant) I7A NOTICE OF INTENT TO be based. CONSIDER ORDINANCE NOTICE OF LAND If you are a person with a DEVELOPMENT CODE CHANGE disability who needs any accommodation in order to Notice is hereby given that participate in this proceeding, on July 10, 2018, in the Board you are entitled,at no cost to of County Commissioners you,to the provision of certain Meeting Room, 3rd Floor, assistance. Please contact Building "F," Collier County the Collier County Facilities Government Center, 3299 Management Division,at 3335 Tamiami Trail East, Naples, Tamiami Trail East, Suite 101, Florida 34112, the Collier Naples, FL 34112-5356, (239) County Board of County 252-8380, at least two days Commissioners will consider prior to the meeting.Assisted an amendment to the Collier listening devices for the County Land Development hearing impaired are available Code. The meeting will in the Board of County commence at 9:00 a.m. The Commissioner's Office. title of the proposed ordinance is as follows: BOARD OF COUNTY COMMISSIONERS AN ORDINANCE OF THE COLLIER COUNTY,FLORIDA BOARD OF COUNTY ANDY SOLIS,CHAIRMAN COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING CRYSTAL K.KINZEL, ORDINANCE NUMBER 04-41, INTERIM CLERK AS AMENDED, THE COLLIER By: Martha Vergara, Deputy COUNTY LAND DEVELOPMENT Clerk (SEAL) CODE, WHICH INCLUDES June 25,2018 No.2045386 THE COMPREHENSIVE LAND 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: CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS, TO AMEND DESIGN STANDARDS RELATING TO OFFSITE PRESERVES AND TO MODIFY REQUIREMENTS FOR MONETARY PAYMENT AND LAND DONATION OFF-SITE PRESERVE ALTERNATIVES; SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard.Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M.,Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor,Suite 401,Collier County Government Center, East Naples,one week prior to the scheduled hearing. 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 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SAS 7/10/18 4. BCC Office Board of County Nc) Commissioners \r-\\C---1/ -1\kz\1c 5. Minutes and Records Clerk of Court's Office �` �$ 01'� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for ational or missing information. Name of Primary Staff Wanda Rodri,uez,ACP Phone Number 252-8123 Contact/ Department Office of the County Attorney Agenda Date Item was 7/10/18 1, Agenda Item Number 17A / Approved by the BCC Type of Document Ordinance amending Ord. 04-41,the Collier Number of Original 1 Attached County Land Development Code Documents Attached PO number or account N/A 020( number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed SAS by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SAS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SAS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into Accela. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/10/18 and all changes made during the SAS meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for Mei ; Chairman's signature. 174 MEMORANDUM Date: July 13, 2018 To: Wanda Rodriguez Office of the County Attorney From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2018-34: Amending the LDC relating to Offsite Preserves Enclosed please find a copy of the resolution (Agenda Item #17A) referenced above, approved by Board of County Commissioners on Tuesday, July 10, 2018. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure 1 7 A Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, July 12, 2018 4:09 PM To: 'countyordinances@dos.myflorida.com' Subject: CLL Ordinance 2018-0034 Attachments: CLL20180710_Ordinance2018_0034.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES& RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER (CLL) ORDINANCE NUMBER: 2018-0034 Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 1 7 A ORDINANCE NO. 18 — 34 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS, TO AMEND DESIGN STANDARDS RELATING TO OFF- SITE PRESERVES AND TO MODIFY REQUIREMENTS FOR MONETARY PAYMENT AND LAND DONATION OFF-SITE PRESERVE ALTERNATIVES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on April 10, 2018 and July 10, 2018, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and Page 1 of 11 Words stfu.' �" are deleted, words underlined are added 1 7 A WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. Page 2 of 1 l Words struck through are deleted, words underlined are added 17A 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. Page 3 of 11 Words struck through are deleted,words underlined are added 1 7 A 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 3.05.07 Preservation Standards H. Preserve standards. 1. Design standards. * * * * * * * * * * * * f. Off-site vegetation retention. Purpose and Intent. The purpose of this subsection f is to identify the criteria to satisfy on-site preserve requirements off site. The intent of the on-site preserve requirement is to retain, maintain, and preserve existing native vegetation on site as provided for in the Conservation and Coastal Management Element of the GMP. However, in limited situations on-site preserve may be considered less viable as a functional preserve if it is 21,780 square feet (one- half acre) or less and isolated. Therefore, in limited situations, providing for a preserve off site can achieve the goals and objectives of the GMP. This section shall not apply to lands located within the RLSA or RFMU districts. Applicability. A property owner may request that all or a portion of the Collier County on-site native vegetation preservation retention and subject to the restrictions listed below. a) Properties zoned commercial where the on site preserve requirement is less than 2 acres in size. Page 4 of 11 Words . • s..t• are deleted, words underlined are added 17a than one acre in size. c) Essential service facilities other than parks, for any size preserves. d) e,,erves less than on acre in size of native vegetation retention allowed offsite shall be equal to the percent of affordable housing units, without limitation as to size of the preserve. coverage with exotic vegetation. Existing preserves not previously overrun with this type vegetation and which preserve shall mitigate off site at a ratio of 2 to 1. g) Created-preserves which do not meet the success criteria in 3.05.07 H.1.e.viii or where preserves have not been planted in a manner which mimics a natural plant community. h) Preserves which do not meet the minimum dimensional requirements of this section. f) Portions of preserves located within platted single family lots. j) Right of Way acquisitions to be conveyed or in the process of being conveyed to the County by non governmental gn#+tics for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. k) All criteria listed for created preserves. Applicability and prohibitions. Except where it is prohibited, applicants may request that the on-site native vegetation retention requirement be satisfied in full off site where the native vegetation requirement is 21,780 square feet (one-half acre) or less, and the preserves have not been identified on an approved development Page 5 of I I Words struck through are deleted,words underlined are added 1 7 A order by the County. Off-site preserves are prohibited if one or more of the following is found on site: a) Xeric scrub, and hardwood hammocks or more in size, mangrove (excluding mangrove fringes less than 40 feet in width, as measured from the root line, on artificially created shorelines), coastal dune and strand environments, and listed species habitat or corridors per the requirements or recommendations of the FFWCC or USFWSi - - - - - - - • - - _ vegetation preservation retention requirement provided offer b) Preserves shall remain onsite if that are located within or contiguous to natural flowways required to be retained per the requirements of the SFWMD, natural water bodies, estuaries, government required preserves (not meeting the off:site preservation criteria herein), NRPAs, or contiguous to property designated for purchase by Conservation Collier or purchased by Conservation Collier, or contiguous to properties containing listed species nests, buffers, corridors and foraging habitat per the requirements or recommendations of the FFWCC or USFWS. For the purpose of this section, natural flowways shall also include those identified during wetland permitting with applicable State and Federal agencies, regional drainage studies, or surface water management permits. c) Remaining portions of on site preserves must be a . - - -- - -.9-.9 -. ... ' --e - - -- ' -, for the off site native vegetation retention alternative. c) The on-site native vegetation retention requirement is greater than 21,780 square feet (one-half acre). iii. Off-site preserves approved administratively. Except as limited in LDC section 3.05.07 H.1.f.ii., the County Manager or designee Page 6 of 11 Words struck through are deleted, words underlined are added 1 7 A may approve deviations to meet the on-site preserve requirements off site in only the following four situations: a) Essential services facilities b) Affordable housing approved by the Collier County Community and Human Services Division; c) Projects where on-site native vegetation is fragmented; or d) Projects where on-site native vegetation is not contiguous to off-site preserve areas. iv. Off-site preserves approved through a public hearing. Except as limited in LDC section 3.05.07 H.1.f.ii., applicants may request a PUD deviation or variance, as applicable, to meet the on-site preserve requirement off site. a) PUD deviations shall be processed in accordance with the procedures in LDC section 10.02.13. b) Variances shall be processed in accordance with the procedures in LDC section 10.09.00. v. For the purposes of this section, the preserve requirement shall be based on the total acreage for the PUD or development order, as applicable, and not based on an individual phase or phases of a development, consistent with LDC section 3.05.07 H.1.a. If the on- site native vegetation retention requirement is satisfied off site, then all of the required preserve will be satisfied off site. Off-site Alternatives. Off-site native vegetation retention requirements may be satisfied met by monetary payment or by land donation. a) Monetary payment alternative. Applicants shall make monetary payment to Collier County. Such funds will shall be used by the County for the purchase and management of off-site conservation lands within the county. The monetary payment amount shall be based on the post development appraisal value per acre multiplied by the preserve requirement, then multiplied by 1.25 to establish • the endowment amount. The appraisal shall be performed by a state certified appraiser. In addition, the fee for initial exotic vegetation removal shall be paid by the applicant as Page 7 of 11 Words struck through are deleted, words underlined are added 17A established in the Parks and Recreation Division Fee Schedule. location of the land to be impacted and be equal to 125 percent of the average cost of land in the Urban _ - - - - - - _ -- --- -- - - - -- •- - - - - -- - -, - - purchased by -_ - -e_ ., - ___ -- __ - - _ Collier program. This monetary payment shall be made prior to the preconstruction meeting for the SDP or final plat construction plans. b) Land donation alternative. In lieu of monetary payment, applicants may choose to donate land for conservation purposes at a ratio of 4:1 to Collier County or to another government agency. In the event of donation to Collier County, the applicant may acquire and subsequently donate land within the project boundaries of Winchester Head, North Golden Gate Estates Unit 53, another multi- parcel project or any other land designated by Conservation Collier donation acceptance procedures. i) Applicants who choose to donate land shall be required to demonstrate that the land to be donated contains native vegetation communities equal to or of higher priority (as described in subsection 3.05.07 A.) than the land required to be preserved onsite. In no case shall the acreage of land donated be less than the acreage of land required to be preserved onsite. Land donated to satisfy the off- site vegetation retention requirement must be located entirely within Collier County. Donations of land for preservation shall be made to a federal, 1 state or local government agency established or authorized to accept lands for the conservation and management of land in perpetuity, subject to the policies and procedures of the receiving entity. Lands donated to Collier County must include a cash endowment payment for management of the Page 8 of 11 Words stm gh are deleted, words underlined are added 1 7 A land. The cash endowment shall be established in the Collier County Parks and Recreation Division Fee Schedule. The amount of this payment shall be defined by the FLUE, purchased by Collier County, Applicants shall provide evidence that donations of land for preservation and endowments for management have been accepted by and donated to the entity stated above, at the time of the preconstruction meeting for the SDP or final plat and construction plans. Exotics shall be removed in accordance with the time frames provided in 3.05.07 1-1.2. State and Federal agency requirements for mitigation, remediation and monitoring for the donated land shall be the responsibility of the applicant. +v-vii. PUD zoning. Where the off site native vegetation retention alternative is used for portions of preserves not identified on a PUD master plan, a PUD amendment is not required. Preserves or portions of preserves identified on a PUD master plan shall require an amendment to the PUD master plan to use the native vegetation retention alternative, subject to LDC section 10.02.13 E, unless the option to use the off-site native vegetation retention alternative is included in the PUD. viii. Deviations or variances from LDC section 3.05.07 H.1.f. are prohibited. g. Preserve management plans. Criteria i, ii, vii and viii below are required for all preserves whether a management plan for the preserve is required or not. Preserve Management Plans shall be required for all properties with 5 acres or more of preserve or where listed species are utilizing the preserve or where the preserve contains habitat which requires Page 9 of 11 Words struck through are deleted,words underlined are added 1 7 A management for fire (such as Pine Flatwoods, Palmetto Prairie or Scrub). The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and function as proposed. A Preserve Management Plan shall include the following elements: SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. Page 10 of 11 Words struck through are deleted,words underlined are added 17A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 10th day of July, 2018. ATTEST:c.% BOARD OF COUNTY COMMISSIONERS CRYSTAL K: KINZEL, INTERIM CLERK OF COLLIE' •U TY, FLO' AL. By _ . • a Deputy Clerk 'A ND)/ SOLIS, Chairman Attest as to Chairman s signature only. Approved as to form and legality: Scott A Stone Assistant County Attorney 04-CMD-01077/1784(6/11/18) This ordinance filed with the Secretory of S ate's Office t e 13+-klay of and ocknowledgemerigf that filing received this _ day of ,0�1� Page 11 of II Words struck through are deleted,words underlined are added 17 A FLORIDA DEPARTMENT Of STATE r , RICK SCOTT KEN DETZNER Governor Secretary of State July 13, 2018 Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa Cannon Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-34, which was filed in this office on July 12, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us