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Ordinance 2004-72 ORDINANCE NO. 2004- 7? 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. 2.03.05 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 VEGETATIOr-·r= PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE~>:: REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROLL, .. CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING;.~ SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAl-; r ;0-:0.. STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.0():']·' SIGNS; CHAPTER 6 _ INFRASTRUCTURE IMPROVEMENT~;· '. '..J AND ADEQUATE PUBLIC FACILITIES REQUIREMENT~~; ;:..; 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, CONFLICT AND SEVERABILITY; SECTION FIVE, Page 1 of 156 Words struck through are deleted, words underlined are added ....,. ~, L'~. ~,,;- -=') i' . "<;:,~:.: ç:lj C:J INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. 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 Number 04-41, which repealed and superceded Ordinance Number 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the second amendment to the LDC for the calendar year 2004, the first being the recodification in Ordinance 04-41; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LOC; 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 October 13, 2004, and November 10, 2004, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, it is the intent of the board of county commissioners to ensure that each and every landowner has a beneficial use of owned property in accordance with the requirements of the Fifth and 14th Amendments to the United States Constitution, and thus, to provide an administrative procedure whereby landowners believing they have vested rights or have been or may be subjected to a taking of their private property by application of any law or regulation promulgated by the county, may obtain relief through an efficient, non- judicial procedure; and Page 2 of 156 Words struck through are deleted, words underlined are added WHEREAS, the establishment of an administrative review and remedy procedure will promote the goals of the county's comprehensive plan in a manner which is consistent with section 2 of article I of the state constitution, guaranteeing all natural persons the inalienable right to acquire, possess, and protect property; and WHEREAS, it is the specific intent of the board of county commissioners that no provision of its laws or ordinances be interpreted so as to take private property in an unconstitutional manner; and WHEREAS, it is the specific intent of the board of county commissioners that no administrative determinations made under its laws or ordinances result in either a temporary or permanent taking of private property without just compensation as required under the United States or state constitution; and WHEREAS, the board of county commissioners specifically intends that it be the duty and responsibility of the party alleging vested rights or a taking of property to affirmatively demonstrate the legal requisites of the claim alleged; and WHEREAS, it is the board's specific intention that the procedures provided for in LDC § 9.02.00, et seq., not be utilized routinely or frivolously, but rather, be solely limited to those extreme circumstances where vested rights may legitimately exist or a potential taking of private property or development rights would otherwise result; and WHEREAS, the provisions of LDC § 9.02.00, et seq., are specifically adopted in furtherance of the legislative intent as expressed in F .S. § 163.3161(9), that the county recognize and respect judicially acknowledged or constitutionally protected private property rights and that all regulations af1d programs adopted under the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.) be developed, promulgated, implemented, and applied with sensitivity for private property rights; and WHEREAS, it is the intent of the board of county commissioners, consistent with the provisions of F.S. § 163.3161(9), that the provisions of LOC § 9.02.00, at seq., be utilized to sensitively administer the county comprehensive plan and its land development regulations; and WHEREAS, it is the intent of the board of county commissioners, consistent with the provisions of F.S. § 163.3161(9), that the provisions of LDC § 9.02.00, et seq., not be utilized as a substitute for judicial relief for claims of vested rights or from takings that have already occurred but to provide an opportunity to make a final decision regarding the applicability of certain land Page 3 of 156 Words struck through are deleted, words underlined are added development regulations or comprehensive planning provisions to prevent inadvertent takings; and WHEREAS, it is the additional intent of the board of county commissioners to simplify the judicial inquiry regarding the "ripeness doctrine" as enunciated in Williamson County Regional Planning Council v. Hamilton Bank, 473 U.S. 172 (1985), and its progeny by providing a final decision after which a vested rights, equitable estoppel, or takings claim may be instituted in court; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation 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 County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Oevelopment Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. Page 4 of 156 Words struck through are deleted, words underlined are added 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plat:) pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1 }(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3}(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Oevelopment Code adopted in Ordinance 91-102 was recodified and superceded 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; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Oevelopment Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Oevelopment 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 SUBSECTION 3.A. AMENDMENTS TO ABBREVIATIONS SECTION 1.08.01 Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * Page 5 of 156 Words strucl( throHgh are deleted, words underlined are added ALF Assisted Living Facility APFC Adequate Public Facilities Certificate (APFC) ASTM American Society for Testing and Materials * * * * * * * * * * * * LOS Level of Service NAICS North American Industrv Classification Svstem NBMO North Belle Meade Overlay * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS DEFINITIONS TO SECTION 1.08.02 Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Building, Zoned height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not be Gltered to gain building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01, Exclusions from height limits, and off-street parking within a building.) Required minimum floor elevations shall be in conformance with the Collier County Administrative Construction Code (see County adopted FBC Section 104.2.1.2. 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 exempted from the limitations established for measuring the height of buildings. See Figure 3. Construction sian: A sian erected at a buildina site that displavs the name of the proiect and identifies the owner, architect. enaineer. aeneral contractor. financial institutions or other firms involved with the desian or construction of the project. Density, residential: The number of residential dwelling units permitted per gross acre of land allowed under the Comprehensive Plan's Density Rating System subject to limitations of the corresponding zoning district determined 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 eauivalencv, 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. Destination resort hotel: A transient lodaina facilitv (Le. - less than six months occupancy) where patrons aenerallv stay for several days in order to utilize. enjoy, or otherwise participate in certain amenities. natural or man-made. includina but not limited to: (i) direct access to the Gulf of Mexico. (ii) on-site aolf course and aolf- related facilities. Wi) health spa and/or fitness center. (iv) other recreational amenities and on-site services. includina full dinina services and cocktaillounae. entertainment rooms for video and movies. and concierae services. Except that. for destination resort hotels frontinq on the Gulf of Mexico. an on-site aolf course is not reauired. In Page 6 of 156 Words struck through are deleted, words underlined are added all cases. a destination resort hotel must include full dinina services and a cocktail lounae. and not less than 25 percent of the aross floor are.a .must b~ devoted to common usaqe and support service areas, such as but not limited to fitness room, health spa. media room. meetinq rooms. dininq and lounqe facilities, and spaces in support of hotel functions. Final local development order. Any valid, unexpired building permit issued by the county. As to the provisions in Sections 6.02.00 and 10.02.07. respectively, pertaininq to COA's and adequate public facilities only. a final local development order is a final subdivision plat, a final approved site development plan. or building permit or mobile home tie-down permit issued by the county. Ground sian: A siqn, 8 ft in heiqht or lower which is independent of support from any buildinq, that is mounted on freestandinq poles or other supports. and shall include a pole cover that is between 50 percent and 100 percent of the overall siqn width. Holidav decoration: An ornate embellishment placed specifically for the purpose of celebratinq a specific holiday, holiday event or holiday season. Landowner: Any owner of a leqal or equitable interest in real property. and includes the heirs, successors and assiqns of such ownership interests. includinQ developer's holdinq development riQhts susceptible to claims of vested riQhts or takinqs. Pennant: A piece of fabric or material which tapers to a point or swallow tail. which is attached to a strinq or wire, either sinqularly or in series. Pole sian: A siqn, 8 or more ft in heiqht which is independent of support from any buildinq, that is mounted on freestandinq poles or other supports. and shall include a pole cover that is between 50 percent and 100 percent of the overall siqn width. Primarv facade (applicable to Section 5.05.08 onlv): A facade that is in public view and faces a public or private street. Proiect Identification Sian: A directional siqn which provides identification or recoqnition of a development onlv, individual tenants or outparcels are not permitted to use this type of siqnaQe. Renovation (applicable to Section 5.05.08 onlv): improvement. in whole or in part, of an existina buildinQ. Restoration, remodelinq, Self-storaae buildinas (applicable to Section 5.05.08 onlv): Buildinqs where customer's lease space to store & retrieve their qoods: see NAICS 531130. Standard desian buildinas (applicable to Section 5.05.08 onlv): Buildinqs whose desiqn is based on a "corporate prototype" or other standardized architectural desiqn that is used consistently with little or no variation at many different sites. Takinas claim: Any claim that falls within the scope of section 9.02.10. of this code. whether claimed to be temporary or permanent in character. SUBSECTION 3.e. AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES Section 2.01.03 Essential Services, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.01.03 Essential Services Essential services are hereby defined 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 Page 7 of 156 Words struek through are deleted, words underlined are added * * * * facilities. Essential services are allowed in any zoning district subject to the following conditions: * * * * * * * * * * * * B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 fGt C., the following essential services are permitted: * * * * * * * * * * * * 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~ aOOtor the Rural Transition Water and Sewer Oistrict, as delineated on the Urban - Rural Frinqe Transition Zone Overlav 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~ aOOtor the Rural Transition Water and Sewer District, as delineated on the Urban - Rural Frinqe Transition Zone Overlav 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, NRPAS, CON DISTRICTS, ANO RLSA OESIGNA TED HSAS AND FSAS. Within RFMU District Sending Lands, NRPAs, Con districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08.08 ~ C.2., in addition to the essential services identified as allowed conditional uses in section 2.01.03 fG1fB G.1. above, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas~ aOOtor the Rural Transition Water and Sewer Oistrict, as delineated on the Urban - Rural Frinqe Transition Zone Overlav 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. SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 OPEN SPACE ZONING DISTRICTS Page 8 of 156 Words struek througk are deleted, words underlined are added Section 2.03.05 Open Space Zoning Oistricts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read 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 in1 through 8 above. (b). Utility lines necessary to serve uses identified in 1 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 NRPA 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 Oistrict~ delineated on the Urban - Rural Frinç¡e Transition Zone Overlav MaD 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~aA€lfor the Rural Transition Water and Sewer District. as delineated on the Urban - Rural FrinQe Transition Zone Overlav MaD in the Future Land Use Element of the GMP. SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41 as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 G. Immokalee Overlay. Page 9 of 156 Words struek through are deleted, words underlined are added * * * * * * * * * * * * * 6. Nonconforming Mobile Home Park Overlay Subdistrict. Establishment of special conditions for these properties which bv virtue of actions precedinq the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconformiml as a result of inconsistencies with the land development 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 nonconforminQ 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) meetinQ the standards set forth below by January 9. 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board findinq a violation of this section. or by the date set forth in a Compliance or Settlement Aqreement entered into between Collier County and a property owner acknowledainq such a violation and also establishinq the date by which such violation will be cured throuah the SIP submittal process set forth below. c. The site improvement plan (SIP) master plan shall illustrate the way existina buildinQs are laid out and the infrastructure (i.e. utilities. streets, drainaqe, landscapinQ. parkinQ and the like) to serve those buildinQs. The number and location of buildinQs shall be reviewed for consistencv with Code requirements (Le. setbacks. space between buildinqs. density. and the like). Similarlv. the SIP shall serve to provide a basis for obtainina approval of required infrastructure improvements such as those referenced herein. The approved SIP showinq all of the above shall become the official record acknowledQinq the leaal 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 propertv owner will be required to immediately remove all mobile homes which have not received a buildinQ permit and all mobile homes deemed to be unsafe and unfit for human habitation, and otherwise contrary to the county's housina code unless otherwise prohibited by state law. d. For the specific requirements concernina the SIP submission referenced in b. and c. above, see section 10.02.05 F. of this code. SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.08 EASTERN LANDSIRURAL FRINGE ZONING DISTRICTS Section 2.03.08 Eastern Lands/Rural Fringe Zoning Oistricts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Eastern Lands/Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use Oistrict (RFMU District) 1. PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Page IOofl56 Words struck through are deleted, words underlined are added Oesignated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the futuro land use clemcnt Future Land Use Element (FLUE) of the GMP, the RFMU District,te shall be designated as "RFMUO" on the Official Zoning Atlasï and is hereby established. The Countv-wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the Communitv Oevelopment Buildinq, 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: * * * * * * * * * * * * * 3. Neutral Lands. * * * * * * * * * * * a. ALLOW ABLE USES. * * * * * * * * * * * * * * * (3) Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. * * * * * * * * * * * * * (q) Facilities for the collection. transfer. processinq, and reduction of solid waste. * * * * * * * * * * * * * 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 I it shall be in accordance with the following provisions: (a) If within the boundaries of the Rural Transition Water and Sewer Oistrict. as delineated on the Urban - Page II of 156 Words struck through are deleted, words underlined are added Rural Frinae Transition Zone Overlav MaD 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 project. Where County sewer or water services may not be available concurrent with development in Neutral lands, interim private water and sewer facilities may be approved. * * * * * * * * * * * * * O. 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 aM ,(approximately 15,550 acresl ::md 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 0.2. - A below and on the North Belle Meade Overlav MaD in the Future Land Use Element of the GMP. NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GA TE BOULEVARD ~ LO 0) 0:: ~ ! :::¡ o Q:I ffi § ~ ~ :::¡ o Q:I ! ~ INTERSTATE· 75 N ~ 1 WI. &.... 0 I.... ~ , -----¡ """ ----- -- "_G_'.'_____ __ --] _ _ œ,"," BWN'''' PRfPARfD 8'1'; CHAPINCS ANO 1fCIINICAl SUPPORT stC110N CQrrAI\HTV DE\f:loptnNI ....NO n...,RQNWlHIAl S£A\IICl:S DIVlS/OII DAT£: IO¡2OOJ flL[: NIItIII-Q'W£RlAY-""'P-2.0WC --~~ --- - -~ --- ----_._-~_._--_._---_._._---------------_._~----~-~-_.._~-_._._--- Illustration 2.03.08 ».2. - A Page 12 of 156 Words struek through are deleted, words underlined are added SUBSECTION 3.G. AMENDMENTS TO SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT Section 2.04.03 Table of Land Uses in Each Zoning District, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read 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 * * * * * * * * * * * * * Page 13 of 156 Words struel( tlH"øugh are deleted, words underlined are added (£-M) £ PIJ¡SIPqnS IBHuapIsaM (,-M) , PIJ¡SIPqnS IBHuapIsaM (~_~) ¡:»P¡S!pqnS ICnUap!Sa~ ¡:»P¡S!pqnS ¡uoJJ.la¡CM ÁCIJaAO aSn paX!W aA!JQ aJo4sÁc9 11. ÁCJaAO le!:»JaWwo:) CJcqJeg C¡UCS 11. 11. 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ADDITION OF SECTION 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS Section 2.06.04 Limitations on Affordable Housing Density Bonus, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2.06.04 Limitations on affordable housina densitv bonus. Anvthinq to the contrary notwithstandinq, the followinq limitations and conditions shall applv to all of the AHDB for a development: A. Affordable housina densitv bonus develooment aareement reQuired. The AHOB shall be available to a development on Iv when an AHDB development aQreement has been entered into bv the developer/applicant and the BCC, and such aqreement has been approved bv the county attorney and the BCC pursuant to the public hearinq process established in this section prior to execution. Amendments to such aqreement shall be processed in the same manner as the oriqinal aqreement. The AHDB development aQreement shall include, at a minimum, the followinq provisions: 1. Leqal description of the land subject to the aqreement and the names of its leqal and equitable owners. 2. Total number of residential dwellinQ units in the development. 3: Minimum number of affordable housina units, cateqorized bv level of household income, type of unit (sinqle-familv or multifamilv, owner- occupied or rental), and number of bedrooms, required in the development. 4. Maximum number of AHDB dwellina units permitted in the development. 5. Gross residential density of the development. 6. Amount of month Iv rent for rental units. or the price and conditions under which an owner-occupied unit will be sold. for each type of affordable housina unit in accordance with the definition for each type of affordable housina rental unit (moderate, low, and very low). 7. The foreqoinq notwithstandinq. any rent charqed for an affordable housina unit rented to a low or very low income familv shall not exceed 90 percent of the rent charqed for a comparable market rate dwellinq in the same or similar development. Comparable market rate means the rental amount charqed for the last market rate dwellinq unit of comparable square footaqe. amenities, and number of bedrooms. to be rented in the same development. 8. No affordable housina unit in the development shall be rented tö a tenant whose household income has not been verified and certified in accordance with this division as moderate. low. or very low income familv. Such verification and certification shall be the responsibilitv of the developer and shall be submitted to the County Manaqer or his desianee for approval. Tenant income verification and certification shall be repeated annuallv to assure continued eliqibilitv. 9. No affordable houslna 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 buver whose household income has not 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 Manaaer or his desiqnee for approval. It is the intent of this section to keep housinq affordable: therefore. any person who buys an affordable housina unit must aqree. in a lien instrument to Page 25 of 156 be recorded with the clerk of the circuit court of Collier County. Florida. that if he sells the property (includina the land and/or the unit) within 15 years after his oriainal purchase at a sales price in excess of five percent ~er year of his oriainal purchase price that he will pay to the county an amount eaual to one-half of the sales price in excess of five percent increase per year. The lien instrument mav be subordinated to a aualifvina first mortaaqe. 10. For example. a person oriqinallv buys a desiqnated 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 qive a value of $76,577.00. Oeductinq this amount from the sales price of $80,000.00 aives 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 aaainst the property. Such pavment shall be maintained in a seareaated fund, established bY the county solely for affordable housing purposes, and such money shall be used solely to encouraqe, provide for, or promote affordable housinQ in Collier County. 11. No affordable housing unit in any 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 housinQ unit. it must advertise. rent. sell. and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. The developer shall agree to be responsible for payment of any real estate commissions and fees. The affordable housing units in the development shall be identified on all buildina plans submitted to the county and described in the application for AHOB. 13. The developer shall not disclose to persons. other than the potential tenant. buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housinQ units. 14. The sauare footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. 15. The AHDB agreement and authorized development shall be consistent with the arowth manaaement plan and land development regulations of Collier County that are in effect at the time of development. Subseauentlv adopted laws and policies shall apply to the' AHDB aareement 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 intermixed with. and not searegated 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 bindina upon the property and every person havina any interest therein at anytime and from time to time. 18. The AHOB development agreement shall be recorded in the official records of Collier County. Florida. subsequent to the recordation of the Qrant deed pursuant to which the developer acauires fee simple title to the property. 19. Each affordable housina unit shall be restricted to remain and be maintained as the type of affordable housina rental unit (moderate. low or very low income) desianated in accordance with the AHDB development aareement for at least 15 years from the issuance of a Page 26 of 156 certificate of occupancy for such unit. 20. The developer, and owner of the development shall provide on-site manaaement to assure appropriate securitv, maintenance and appearance of the development and the dwellim:1 units where these issues are a factor. B. Compliance with orowth manaoement clan and land development reQulations. The AHDB shall be available to a development onlv to the extent that it otherwise complies and is consistent with the GMP and the land development reaulations. includina the procedures, requirements, conditions and criteria for planned unit developments (PUDs) and rezoninas, where applicable. C. Minimum number of affordable housina units. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten affordable housing units. D. Nontransferable. The AHDB is not transferrable between developments or properties. E. PhasinQ. In the case where a development will occur in more than one phase. the percentaae 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 of ten percent of the total dwelling units as affordable housing rental units for low income households with two bedrooms per unit, then each phase must maintain that same percentaae (ten percent in this case) cumulative Iv . SUBSECTION 3.1. ADDITION OF SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM Section 2.06.05 Affordable Housing Oensity Bonus Monitoring Program, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2.06.05 Affordable housina density bonus monitorino prooram. . , A. Annual crooress and monitorinq report. The AHDB for a development shall be subject to the AHDB monitorina 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 occupancy for each of the developer's developments which involve the AHDB in a form developed bv the County Manager or his designee. The annual progress and monitorinq report shall. at a minimum, require anv information reasonablv 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 proqram. all affordable housing units constructed pursuant to the AHOB program. occupancy statistics of such dwellina 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 proqram. and such other records and information as the County Manager or his desiqnee believes may be necessary or desirable to monitor the success of the AHDB program and the deqree of compliance therewith. Failure to complete and submit the monitorinq report to the County Manager or his designee within 60 days from the due date will result in a penaltv of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested Page 27 of 156 prior to expiration of the 60-dav submission deadline. B. Income verification and cerlification. 1. EIiQibi/itv. The determination of eliqibilitv of moderate, low. and very low income families to rent or buy and OCCUpy affordable housina units is the central component of the AHDB monitorinq proqram. Familv income eliqibilitv is a three-step process: (1) submittal of an application bY a bu~er or tenant; (2) verification of familv income: and (3) execution of an income certification. All three shall be accomplished prior to a buyer or tenant beinq qualified as an eliqible familv to rent or purchase and occupy an affordable housina unit pursuant to the AHDB proqram. No person shall OCCUpy an affordable housin!:l unit provided under the AHDB proqram prior to beinq Qualified at the appropriate level of income (moderate. low or verv low income). 2. The developer shall be responsible for acceptinQ applications from buvers or tenants, verifyinq income and obtaininq the income certification for its development which involves AHDB. and all forms and documentation must be provided to the County Manaqer or his desiqnee prior to qualification of the buver or tenant as a moderate, low or very low income family. The County Manaqer or his desiqnee shall review all documentation provided, and may verify the information provided from time to time. Prior to occupancv bv a qualified buyer or tenant, the developer shall provide to the County Manaqer or his desiqnee, at a minimum, the application for affordable housina qualification. includinq the income verification form and the income certification form, and the purchase contract. lease. or rental aqreement 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 of the premises. and the riqhts and obliqations of the parties. Random inspections to verify occupancy in accordance with this section mav be conducted bv the County Manaqer or his desiqnee. 3. Application. A potential buver or tenant shall apply to the developer. owner, manaqer. or aQent to qualifv as a moderate. low, or very low income familv for the purpose of rentinq and occupvinq an affordable housin!:l rental unit pursuant to the" AHDB proqram. The application for affordable housin!:l qualification shall be in a form provided bv the County Manaqer or his desiqnee and mav be a part of the income certification form. 4. Income verification. The Countv Manaaer or his desiqnee or the developer shall obtain written verification from the potential occupant (includinq the entire household) to verify all reqular sources of income to the potential tenant (includinq the entire household). The written verification form shall include. at a minimum. the purpose of the verification. a statement to release information. emplover verification of gross annual income or rate of pay. number of hours worked. frequency of pay. bonuses. tips and commissions and a siqnature block with the date of application. The verification mav take the form of the most recent year's federal income tax return for the potential occupants (includinq the entire household). a statement to release information. tenant verification of the return. and a sianature block with the date of application. The verification shall be valid for UP to gO davs prior to occupancy. Upon expiration of the gO-day period. the information may be verballY updated from the oriainal sources for an additional 30 days. provided it has been documented bv the person preparina the oriainal verification. After this time. a new verification form must be completed. 5. Income certification. Upon receipt of the application and verification of income. an income certification form shall be executed bv the potential buyer or tenant (jncludina the entire household) prior to sale or rental and occupancv of the affordable housinQ unit bY the owner or tenant. Income certification that the potential occupant has a moderate. low. or very low household income aualifies the potential occupant as an eliqible Page 28 of 156 familv to buy or rent and occupv an affordable housina unit un.der the AHDB proaram. The income certification shall be in a form provided bv the County Manaaer or his desiQnee. SUBSECTION 3.J. ADDITION OF SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT Section 2.06.06 Violations and Enforcement, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2.06.06 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 housina rental unit provided under the AHDB proQram except as specificallv permitted bv the terms of section 2.06.00. or to knowinQlv Qive false or misleadinQ information with respect to any information required or requested bv the County ManaQer or his desiQnee or bv other persons pursuant to the authority which is deleQated to them bv section 2.06.00. B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, a notice of violation shall be issued and sent bv the County ManaQer or his desiQnee bv certified return receipt requested U.S. mail, or hand deliverv to the person or developer in violation of section 2.06.00. The notice of violation shall be in writinQ. shall be siQned and dated bv the County ManaQer or his desiQnee or such other county personnel as may be authorized bv the BCC. shall specify the violation or violations. shall state that said violation(s) shall be corrected within ten davs 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 may be pursued. If said violation(s) is not corrected bv the specified date in the notice of violation, the County ManaQer or his desiQnee 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 reQulations. or subsequent amendments thereto. violated. name of the County Manaaer or his desiQnee. and date and time when the violator shall appear before the code enforcement board. C. Criminal enforcement. Anv person who violates any provision of this section shall. upon conviction. be punished bv a fine not to exceed $500.00 per violation or bv imprisonment in the county jail for a term not to exceed 60 days. or bv both, pursuant to the provisions of F.S. & 125.69. Such person also shall pav all costs. includina reasonable attorneys fees, includinQ those incurred on appeal. involved in the case. Each dav such violation continues, and each violation. shall be considered a separate offense. O. 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 ManaQer or his desiQnee shall have full power to enforce the terms of this section and any AHOB development aareements. rezoninQ conditions or stipulations. and planned unit development (PUD) conditions and stipulations pursuant to this section and the riQhts. privileQes and conditions described herein. bv action at law or equity. In the event that it is determined 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 develoDment acreement shall be pursued to the fullest extent allowed bv law. SUBSECTION 3.K. AMENDMENTS TO SECTION 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA) Page 29 of 156 Section 3.05.10 Littoral Shelf Planting Area (LSPA), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * 3.05.10 * * * * * * * * * * * * * littoral Shelf Planting Area (LSPA) * * * * * * * * * * * C. Application to existing lakes. All previously approved projects requirinQ littoral plantinQs shall meet the Operational requirements required set out in 3.05.10 B. above. 1. Projects with previouslv approved littoral plantinQ requirements aM constructed according to provious standards required at the time of approval, may have to aM that do not meet the operational requirements of 3.05.10 B.. shall meet the ReW-current standards if the littoral shelves aro no longor functioning, 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 determine the appropriate location of the plantings subject to the criteria found in 3,05.10 A.3. The planted area shall be consolidated as much as possible subject to the criteria found in 3.05.1 0 A.2.~ c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible but the 8: 1 requirement of 3.05.10 A.4. shall not be required. Re-QradinQ of existinQ slopes will not re required.; d. Plant selection and specifications shall conform to 3.05.10 A.5.; e. Signage of the planted littoral areas shall be required subject to 3.05.10 A.6.: and f. A written assessment and site plan shall be required if it is determined bv the assessment of the lakes that the new littoral shelf plantinQ area will differ from the approved plan of record. SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Sase Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read 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. * * * * * * * * * * * * * Page 30 of 156 Table 2. Building Dimension Standards for Principle Uses in Base Zonina Istnc s. Minimum Maximum Distance Minimum Floor Area of Building Height Between Buildings Floor area ratio Zoning District (feet) Buildings (square feet) (%) GC 35 None None None A 35 None 550 None E 30 None 1,000 None 1-story 2-story RSF-1 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 Throo (3) A 750 None habitablo floors 35 RMF-12 50 A Efficiency 450 1 BR 600 None 2+ BR 750 RMF-16 75 A Efficiency 450 1 BR 600 None 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 Ouplex 30 None None None M.F. 35 B MH 30 None None None TTRVC 30 10 None None C-1 35 None 1,000 (around floor) None C-2 35 A 1,000 (around floor) None C-3 50 None 700 (around floor) None C-4 75 A 700 (ground floor) Hotels .60 Oestination resort .80 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 owerslantennas 0 1,000 (ground floor) None 40 Other 30 Overlay See table of special design requirements applicable to overlay districts. Districts D' . t 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 of an 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. SUBSECTION 3.M. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS Section 4.05.02 Oesign Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: Page 31 of 156 4.05.02 Design Standards * * * * * * * * * * * * * K. Exemptions to locational requirements * * * * * * * * * * * * * ~ ParkinQ exemption. a. The BZA. after review and recommendation bv the planninQ commission, may approve a parkinq exemption under the followinq circumstances: (1) The permitted use and the proposed off-site parkinq lot are separated bv a collector or arterial roadway; (2) The lot proposed for off-site parkinq is not zoned commercial; (3) Shared parkinq. in which two or more permitted uses utilize the same, or a portion of the same required parkinq. (4) Parkinq reservation, in which the petitioner believes that the number of required parkinq spaces is excessive and wishes to reduce the number of parkinq spaces required to be constructed, while reservinq the land area for future parkinq spaces if determined necessary bv the Countv Manaqer or his desiqnee. or the BZA. (5) Structures in commercial zoninq districts shall be set back a minimum of 15 feet from residentiallv zoned lots which have been qranted a parkinq exemption. Q." The planninq commission and the BZA shall consider the followinq criteria for the approval of a parkinq exemption: (1) Whether the amount of off-site parkino is required bv sections 4.05.04 G. and 4.05.09, or is in excess of these requirements. (2) The distance of the farthest parkinq space from the facilitv to be served. (3) Pedestrian safety if the lots are separated bv a collector or arterial roadway. (4) Pedestrian and vehicular safety. (5) The character and qualitv of the neiqhborhood and the future development of surroundinq properties. (6) Potential parkino problems for neiohborino properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parkinq. (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 landscapinq. (1 Q) Whether the off-site parkinq area will be used for valet parkina. Page 32 of 156 (11) Whether the off-site parkina area will be used for emplovee parkina. (12) Whether there are more viable alternatives available. £" Off-street parkina areas must be accessible from a street. allev or other public right-of-wav and all off-street parkinq facilities must be so arranqed that no motor vehicle shall have to back onto any street, excludin~ sinqle-familv and two-familv residential dwellinas and churches approved under sections 4.05.04 G. and 4.05.09. SUBSECTION 3.N. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Oevelopment Code, is hereby amended to read as follows: 4.06.02 Buffer Requirements * * * * * * * * * * * * * C. Table of buffer yards -1-:- 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 feet on center at planting. ~ Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two 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 0 landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative 0: 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 Page 33 of 156 landscape buffer abutting a right-ot-way or primary access road internal to a commercial development. b. A continuous three aallon double row hedge spaced three feet on center 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 right-ot-way, pursuant to section 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 qallon single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the right-ot-way side of the fence. The required trees shall be located on the side of the fence facing the right:-ot-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. TABLE 2A TABLE OF BUFFER REQUIREMENTS BY LANO USE CLASSIFICATIONS Adjacent Properties Zonina District and/or Prooert\ Use Subj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ect Prop erty's Distri ct/Us e 1. - B B B B B A A A A 0 A - A Agric ulture (A1) 2. A A B B B B B C B * 0 B C - Resi denti al (E, RSF) singl e- famil V 3. A B A Nß A B B B B * 0 B C - Resi denti al (RMF -6, RMF- 12, RMF- 16) multif amilv Page 34 of 156 B A A B B A B B * 0 B - B 4. A Resi denti al touris t (RT) 5. A A B B A B B B B * 0 B - B Villag e resid ential (VR) 6. A B B B B A B B B * 0 B B B Mobil e home (MH) 7. A B B B B B A A A * 0 B B B Com merci al3 (C-1. C- 1fT, C-2, C-3, C-4, C-5); Busin ess Park (BP) 8. A C B B B B A A¿ A * 0 B B B Indus trial2 (I) 9. A B B B B B A A A * D B C - Publi c use (P), com munit y facilit y , . (CF), Golf Cour se Club hous e, Ame nity Cent er 10. * * * * * * * * * * D * * * Plan ned unit devel opme nt (PUD ) Page 35 of 156 0 0 0 0 0 0 0 0 0 0 - B - 0 11. Vehic ular rights -of- way B B A B C 12. B B B B B B B B B Golf cours e maint enan ce build ing 13. - - - - - - - - - - - B - C Golf cours e 14. A C C B B B B B C * 0 C C 0 Auto mobil . ' e servi ce statio n ª" The letter listed under "Adjacent Properties Zoninq Oistrict and/or Propertv Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required by zoninq district or propertv use. the more strinqent buffer shall be required. The "_" symbol shall represent that no buffer is required. The PUD district 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. 1 Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SOP) submittal. . 21ndustrial (I) zoned property, where abutting industrial (I) 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-ot-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,. 5. 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 Page 36 of 156 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. t:r. 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. SUBSECTION 3.0. AMENDMENTS TO SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of- Way, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way * * * * * * * * * * * * * B. Standards for landscaping in Vehicular Use Areas 1. Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicutar 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 landscaped 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 plans. £. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by 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. LAII rows of parking spaces shall be bordered on each end by curbed landscape islands as shown in Figure 3, Terminal Landscape Islands. Each terminal 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. TVDe 0 curbinQ is reauired around all landscaDe islands. Lay on curbing Ghall not be permittod. A terminal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than two canopy trees. The Page 37 of 156 * * remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. * * * * * * * * * * * 4. Interior landscaping areas shall be provided within the interior of all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures. ~ Required landscape islands and perimeter planting beds shall be graded to provide positive drainage. Curbing around landscape areas shall include curb cuts where necessary so as not to inhibit positive drainage. 6. Interior landscaping areas shall meet the requirements of sections 4.06.05 G. and 4.06.05 J. Alternative designs may be approved that achieve equivalent results subject to approval by the ¡:»aRning sorvices diroctor County Manaqer or his desiqnee. 2". L Vehicular overhang of landscape areas. See section 4.05.04, Exhibit A. ð-, 8. Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans. (Refer to section 5.05.08, Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects.) The interior landscape requirements of these projects must be reduced to an amount equal to five percent of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4.06.04 D. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. 4,. 9. Landscaping required for section 5.05.08 buildings over 20,000 square feet. The following requirements will be counted toward the required greenspace and open space requirements of this Chapter of this Code. a. Trees in vehicular use areas must be a minimum of 14 to 16 feet height with a six- to eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of six feet. Page 38 of 156 b. The first row of landscape islands located closest to the building front and sides must be landscaped with trees, palms, shrubs and groundcovers and must have a clear trunk area to a height of seven feet. SUBSECTION 3.P. AMENDMENTS TO SECTION 4.06.04 TREE AND VEGETATION PROTECTION Section 4.06.04 Tree and Vegetation Protection, of Ordinance 04-41, as amended, the Collier County Land Oevelopment Code, is hereby amended to read as follows: 4.06.04 Trees and Vegetation Protection ^. Gonerally 1. C/o:Jrlng, gr:Jding :Jnd fillfng: Cloaring of woody vogotation roquireG a pormit oxcept that ownOrE: of LOTS with an oxiGting Ginglo family homo othor than in Goldon Gato EGtates may romove non nativo and nativo woody vogotation without permitG unless specimon trooc aro involvod. ^ minimum number of roquired nativo troes shall be maintainod aG roquirod by Goction 4.06.05 A. a. Pormitted romov:J1 of ~'egot:Jt!on: i. SUBDIVISIONS: Rm~idential, commoroial or induGtri31 SUBDIVISIONS, upon approval of conGtruction drawings for tho ontiro projoct or any givon phaGe thoroof, may cloar for the construction of tho infrastructure within that phaso. Road RIGHTS OF WAY, and drainago and utility EASEMENT areas may bo cloarod. a) Water managoment aroaG requiring oxoavation pormits may bo cleared upon iGsuance of an excavation pormit and a roquirod soparato 'Jogotation romoval pormit. b) Individual singlo family LOTS or BLOCKS of LOTS may not bo cloarod unloEG a coparato vegotation romova and cito filling pormit (VRSFP) ic obtainod ac roquirod by soction 4.06.04 1\.1.a.3. ii. Site DIiVIiLOPMENT p!3ns ($DP.s): a) Commorc.'al and industri3!: /\ppro':al of a oommoroial or industrial SOP or SIP includoG pormisGion to cloar for all infrastruoture improvomonts and for tho BUILDING pad as shown on tho approvod SOP. b) Rosidonti:J1 SOPs: ^pproval of a rosidcmtial SOP inoludes pormiGGion to cloar for infrastructuro only. Clearing and filling of BUilDING GiteG is not permittod unlocs a soparato vogetation romoval and sito filling permit is obtainod DE; required by Gootion 4.06.04 ^.1.a.3. 3. \/eyewtiofl .~8m()Wl! flFlfi site filHFlg ßermits (\/PSFPs): a) /\ etevels¡:>er ':,ill Be ßerFRitted to olear uß to 2ã aGres of residential, cemmorcial, or industrial lOTS to store eXOOÐC fill 8enerated by lake excavations within the PUD or project where the excavation is taking place. b) t\n approved SOP or an approved plat must exist for the PARCEL on which tho fill is to be stored. Page 39 of 156 c) Tho 3pplication to "cloar and fill" in ordor to storo oxcocs fill muet bo 3ccomp3niod by a plan dr3wn on tho 3pproved SOP or pl:Jt, sho'....ing the follmving: i) Tho limite of oach coparato stockpilo must be clo3rly eelino3tod 3nd tho 3r03, height, crocs coction, 3nd volumo of o3ch individu31 stockpilo must 3ppe3r on the dr3wing reforonced to tho stockpilo. Slopec must not Ðe-steopor tHan 3 r3tio of '1: 1. ii) Tho typo of voget3tion to bo romo'.'od must bo sho'Nn on tho dr3wing. iii) Tho sourco of tho matori31, such 3e 13ko numbor (13ko tt) for e3ch stock pile muet bo indic3~{)d on the dr3wing. iv) Cloaring to etore oxcoss fill 'Nil! bo pormittod in m3ximum blocks of 25 3cree; 3t 3 time. Whon 3 25 8cro BLOCK is neaÃAg c3p3city, pormicsion to exc3v3te 3dditieR81 25 3cre BLOCKS m3Y bo 3pplied fef7 d) To 3110'.~.' for s3foty during troo removal, if 3 dovoloper owns contiguous einglo f:Jmily lote, tho treoc on tho single f:Jmily lote directly ADJACENT to 3 LOT whore 3 hOUGO is under conetruction m3Y bo romoved, if remov31 3t 3 future d3to m3Y bo 3 d3ngor to lifo or proporty. A VRSFP must bo gr3ntod prior to romov31 of those treos. 0) Rovogot3tion: For VRSFPs within SUBDIVISIONS, 3 roveget3tion bond in tho form of 3 porform3nco bond, letter of crodit, or c3Gh bond 3nd in tho amount of $5,000.00 per 3cre must bo poetod. f) Whon fill is usod to bring 8UILDING lOTS to dosired construction elovations, thoso lotc sh311 immedi3tely be seodod, to prevent orosion 3nd oxotic sood infeet3tion. g) Any stockpilo in pl3co for moro than six months mUf::;t be coddod or hydroeoodod. F3i1ure to do so within 1 '1 c31ond3r days of notific3tion by tho county will result in 3 fino of $10.00 por 3cre, por d3Y· h) In tho ovont th3t any portion of tho stockpilo ie in placo for t'tflO Y03rs, the county will ordor the fill to be removod 3nd tho I:Jnd to bo revogotatod. i) Tho doneity and type of revogotation shall closely match n03rby oaoeyetome, but shall not be lees than 64 treee per 3cro with 3£soci3tod mid story 3nd groundcovor. 4.06.04 Trees and Veaetation Protection A. VeGetation Removal and Site Fillina: 1. Clearina of woody veaetation reauires a Veaetation Removal Permit or Veaetation Removal and Site Fillina Permit unless exempted by section 3.05.02. The Veaetation Removal Permit process is aoverned by section 3.05.04. a. Permitted removal of veGetation or site fillinG with an aDDroved Veaetation Removal and Site FillitJa Permit (VRSFP). Site Development Plans (SOP) or Plat and Construction Plans (PPU i. For individual sinale family lots or blocks of lots 1) a completed buildina 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 veaetation. Page 40 of 156 ii To allow for safety durina tree removal. if a developer owns contiauous sinale familv lots. the trees on the sinale familv lots directlv adiacent to a lot where a house is under construction may be removed, if removal at a future date mav be a danaer to life or propertv. A VRSFP must be obtained prior to removal of this veaetation. iii. A developer will be permitted to clear UP to 25 acres of residential, commercial. or industrial lots or buildina sites to store excess fill aenerated bv lake excavations within the PUO or project where the excavation is takina place when the followina information has been submitted and approved with the SOP or PPL. a) Plat and Construction Plans: Clearina for the construction of the infrastructure, such as road riahts-of-wav, anddrainaae and utility easement areas shall be approved on site clearina plans within that phase of approved residential. commercial or industrial Plat and construction Plans. Clearina of individual lots or blocks of lots may be approved. i) The limits of each separate stockpile must be clearlv delineated and the area, heiaht. cross-section. and volume of each individual stockpile must appear on the drawina referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1. ii) The type of veaetation to be removed must be shown on the drawina. iii) The source of the material. such as lake number (lake #) for each stockpile must be indicated on the drawina and the amount of material excavated must justify the need to clear the proposed area. b) Site Development Plans (SOPs) and Site Improvement Plans (SIPs): i) Commercial and industrial: Clearina for all infrastructure improvements and for buildina pads shall be approved on the SOP or SIP site clearina plans. ii) Residential SOPs: Clearina for the construction of the infrastructure. such as road riahts-of-wav. and drainaae and utilitv easement areas shall be approved on SOP clearina plans Clearina of individual lots or blocks òf lots may be approved. iii) The limits of each separate stockpile must be clearlv delineated and the area, heiaht. cross-section. and volume of each individual stockpile must appear on the drawina referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. M The type of veaetation to be removed must be shown on the drawina. v) The source of the material. such as lake number (lake #) for each stockpile must be indicated on the drawina 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 brina buildina 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 seDarate VRSFP may also be obtained after SOP or PPL approval Drior. Page 41 of 156 iv. No VRSFP will be issued without first submittinq copies of all required approved aqencv permits. reqardless of whether the permit is for clearinQ and fillinq or simplv fillinq a site. v. When a VRSFP authorizinq UP to 25-acres of clearinq and fillinq is nearinQ capacitv. permission 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 qreater than 25 acres of residential, commercial. or industrial lots to store excess fill qenerated bv lake excavations within the PUD or project where the excavation is takinq place. when the property used for storinq excess fill has been previouslv cleared or has qreater than 75% canopy of exotics. vii. ReveQetation: For VRSFPs within subdivisions. a reveqetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $5.000.00 per acre must be posted. a) When fill is used to brinq buildina lots to desired construction elevations those lots shall immediatelv be seeded. to prevent erosion and exotic seed infestation. b) All fill areas for lots or stockpiles must have erosion control silt fencinq. c) Anv stockpile in place for more than six months must be sodded or hvdroseeded. Failure to do so within 14 calendar days of notification bv the county will result in a fine of $10.00 per acre. per day. d) In the event that any portion of the stockpile is in place for qreater than 18 months. the county will order the fill to be removed and the land to be reveqetated. The density and tvpe of reveqetation must mimic nearby ecosystems. and must not be less than 64 trees per acre with associated mid-story and qroundcover. 2. BCC Approved Veqetation Removal and Site Fillinq Permit Procedures An applicant can seek approval bv the Board of County Commissioners for a Board approved Veqetation Removal and Site Fillinq Permit (VRSFP) for a site that exceeds current thresholds contained in the Land Development Code. To be qranted a Board Approved VRSFP. the applicant must demonstrate to the Board. throuqh a Schedule of Oevelopment Activities, that the proiect will be completed in a reasonable amount of time so as to minimize noise. dust. blastinq, traffic. and inconvenience to the neiqhborinq and qeneral public. All criteria in 4.06.04 A.1.a that applies to the administrative VRSFP. shall also applv to the BCC approved permit. SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPE REQUIREMENTS Section 4.06.05 General Landscape Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.05 General Landscape Requirements A. Landscaping requirements for residential developments Page 42 of 156 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. Trees shall meet the requirements of section 4.06.05 C.£" Existing residential development that does not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 1. Residential developments. One canopy tree per 3,000 square feet of tat 3m3, or t'....o c3nopy treee per lot, whichever is gre3ter, with pervious open space per lot. Lakes and wet detention areas shall not be counted towards this reauirement. tIhe maximum number required: 15 trees per lot. a. Where a sinqle familv development has a street tree proqram and lots of less than 3.000 square feet of pervious open space. street trees located directly in front of the lot mav be substituted to meet these reauirements. A Street Tree Plan shall be submitted to the County Manaaer or his desianee for review and approval and Riaht- of-Way permits. if required shall be obtained from the County Manaaer or his desianee. * * * * * * * * * * * * * B. Landscaping requirements for industrial and commercial development * * * * * * * * * * * * * 4. Building foundation planting areas. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses must provide building foundation plantings in the amount of ten 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. Plantinq areas aM must consist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide except as required by section 4.06.05 B.5. below. These areas must be landscaped 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. Buildina foundation plantinas are exempt from the native reauirements. Water management areas must not be a part of this planting area. Parking lot islands will not count towards this requirement. . 5. Building foundation planting requirements for tall-buildings greater than 3 stories or 35 feet or more in height; and/or section 5.05.08 buildings with a footprint greater than 20,000 square feet and/or parking garage structures. Note: buildings subjoct to tho roquiremonts of this soction aro not subject to tho requirements of the pre'lfous seetion 4.06.05 B.3. a. The minimum width of building 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 excludina Doints of inaress and earess): Bulldlna wall heiaht less than 35 feet 10 feet. Building wall height between 35 feet 15 feet.:. and 50 feet. Building wall height greater than 50 20 feet. feet. b. Sites located adiacent to a permanent water body such as a canal. Page 43 of 156 * * * * lake, bay or Qulf may incorporate the required landscape buffer width into the buildinQ 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 Wall Minimum Tree Minimum Tree MinimumPalm Height (feet) Height (feet) Tree Container Height (feet) Canopy Size Spread (gallons) (feet) 35 to 50 14 to 16 7 45 16 greater than 50 16 to 18 8 65 20 * * * * * * * * * * * * C. Plant Material Standards * * * * * * * * * * * * 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 loast 50 percont of the trees at the time of installation shall be a minimum of 25 Qallon. ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. +tie romaining coda required treos, at tho time of im~tall::1tion, shall bo at least oight foot in height, havo a 1 1/2 inch calipor (at 12 inches above the ground) and a throo foot sproad * * * * * * * * * * * * 4. Shrubs and hedges. Shrubs and hedaes shall be installed and maintained at a minimum of 24 inchoE: in height as specified in Section 4.06.02 C.1. except where street visibility is required and where pedestrian access is provided. Shrubs and hedQes shall screen above the adjacent pavement surface or developed property required to be buffered and/or screened.:..- whon moasured at time of planting, grO'.\rn in a throe gallon containor, and be Gpacod 18 to 36 inchùG on center. They shall bo at loaGt 36 inchos in hoight within 12 monthG of time of planting and Ghall bo maintained at a height of no leGs than J6 incheG abovo the adjacent pa':omont required to be buffereEJ and/or Gcreenod in porpotuity, oxcept for visibility at intorsoctionG and 'l.'horo pedoGtrian access is providod. Hedges, where required, shall be plantod 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. Whero buffering and/or scrooning is required, shrubs shall bo planted and maintained at a hoight as specified in soction 4.06.02 C. of thiE: code, eXQept where street visibility is requirod. Oouble staggerod rOWG of hedges shall be roquired only in type 0 buffers. * * * * * * * * * * * * 11. Landsøa¡Jo berms. 1\11 perimoter landscape berms ovor two feet in height shall moot or exceed tho minimum standards as set forth heroin. /\11 grassed berms shall have side slopes no greater than four to one. Berms plantod with ground cover and landscaping shall have sido slopes no groator than throo to ono. Tho too of tho slope chall be Got back a Page 44 of 156 * minimum of five foot from tho odgo of all right af way and proporty linos. ~:~ti~ n;ti'¡e \'egetation chall bo incor~oratod into tho berms with all I ;~~ f~i~ stabilized and landscaped with treos, shrubs, and ground ~;;:.,;. Landsc3po berms shall not be placod \Nithin easements without v.:;.¡tt~n ;ppro'lal from all ontities claiming an intoroct undor said casement. a. L::mdscapo borms locatod adjaooflt to !ntorstato 75 right of way (.' 75). Bcrms loc3tod adjacent to tho I 75 right of \\'ay may be roducod to a maximum slopo of 2: 1. Such berms shall bo planted with nativo ground cover ovor ::m orosion control fabric, 3nd native troes pl3cod at 25 foot on conter, oqu31 in hoight to tho hoight of the berm and locatod within a minimum ton foot 'Nide 10'101 planting aroa. * * * * * * * * * * * * G. Installation and selection requirements for plant materials 1:. 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 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. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. b. Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, sidewalks. buildinas, circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and buildinas. Small canopy trees shall be planted in small spaces havinq limited canopy space and root space. Laroe canopv trees such as Live Oak trees shall be planted a minimum of 15 feet from a buildina. Laroe canopy trees that are planted closer than 15' to a buildino or within 10' of a sidewalk, paved area or underoround utility shall provide root barrier. structural soils or other acceptable method of protection extendino within 20 feet of such buildina. sidewalk. paved area or underoround utilitv. 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). Page 45 of 156 \ I COMPATIBLE TREE AND LIGHTING DESIGN L_~_m' --- ---------'---- -,---~-'--' --'''---..-,-,----,,-------'-~..------' ---", Figure X Compatible Tree and Lightin.g Desi[n ~ 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 in 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 planning &ervices dirootor Countv Manacer or his desicnee, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy. Page 46 of 156 SUBSECTION 3.R. AMENDMENTS TO SECTION 4.07.01 UNIFIED CONTROL Section 4.07.01 Unified Control, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read 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 aDDlicant shall present competent substantial evidence of the unified control of the entire area within the proposed PUD district and shall state aareement that if he proceeds with the proposed development. he will: 1. Notifv the County Manaaer or his desiqnee in writina of any chanae in ownership. control and/or name of the development. 2. Do so in accordance with: a. The PUD master plan of development officiallv adopted for the district b. Requlations and development standards as set forth in the PUD document and PUO master plan; c. Such other conditions or modifications as may be attached to the rezonina of land to the PUD classification: and d. The Collier County qrowth manaqement plan and land development code. 3. Provide written aqreements. contracts. deed restrictions. or sureties acceptable to the county for completion of the undertakina in accord with the adopted PUO master plan as well as for the continuinq operation and maintenance of such areas. functions and facilities that are not to be provided, operated or maintained at aeneral 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. SUBSECTION 3.S. AMENDMENTS TO SECTION 5.03.04 DUMPSTERS Section 5.03.04 Oumpsters, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.03.04 Dumpsters and Recvcllna. Solid waste disposal and recvclina (Ordinance No. 04-50) shall be required in the form of bulk container service (garbage and recvclina dumpstors and/or oomp3ctors receptacles) for all commercial and industrial establishments and multi-family projects not receiving curbside aarbaQe and recvclina pickup. Solid waste disposal and recvclina shall be required in the form 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 garage for the storage of individual solid waste containers, or as otherwise permitted below. A. Trash container location requirements. Page 47 of 156 * * * * * * * * * * * 3. For multi-family residential developments having more than one structure, no dumpster shall be located more than 250 feet from the structure that it is intended to serve (unless a compactor 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. * * * * * * * * * * * * C. Container quantities. In the case of multi-family developments and commercial and Îndustrial 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 recyclinQ. 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. Enclosures for dumpsters shall have minimum internal dimensions of twelve (12) by twelve (12) feet for eaoh standard garbago dumpGtor containod inGide. with a separate area for recyclina receptacles enclosed by veQetative screenina. An' alternative is an enclosure with minimum internal dimensions of twelve (12) by twenty-four (24) feet for no less than two standard receptacles contained inside (one for aarbaQe and one for recvclina). If equipped with gates, the clear opening dimension shall be a minimum of twelve (12) feet or twenty-four (24) feet dependinQ on enclosure style. as defined in this paraaraph and the gates must be provided with a do'.'ise device to hold them open. E. Container screening. Except as noted below, all oontainors 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: * * * * * * * * * * * G. Curbside pickup. The Utility Billing 8. Customer Service Director, Countv Manaaer 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 & CUGtomer Servioe Dopartment County Manaaer or his desianee 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. Page 48 of 156 H. Non-Compliance. In the event that a propertv owner experiences a Substantial Hardship. as defined in Ordinance No. 2004-50, Section 5(FF), or if due to s~ecific site conditions Ordinance No. 2004-50 Section 17 B is unable to conform with the provisions contained herein. the property owner, or his desiqnee. shall complete and submit an application for an administrative variance ursuant to Ordinance No. 2004-50 Section 17 A and (B). 1. The process for requestinq an administrative variance shall be as follows: a. Complete an administrative variance form. which is available from the Utilit~ Billinq & Customer Service Department. at the Utility Billinq & Customer Service office. or bY downloadinq the form from the County Website (www.collierqov.net). b. Oeliver the form to the Utility Billinq & Customer Service Department alonq with all requested information. c. Within five business davs of receivinq the administrative variance form. the County Manaqer or his desiqnee will contact the property owner, or his desiqnee to review the administrative variance request. d. The County Manaqer or his desiqnee and the property owner. or his desiqnee shall jointly develop a solution that complies with Ordinance No. 2004-50 and meets the intent of this section 5.03.04 of the Collier County Land Development Code. I. If the Countv Manaqer or his desiqnee and the property owner, or his desiqnee, are unable to resolve the conflict. the property owner, or his desiqnee shall request a Variance in accordance with Section 9.04.00 of the Collier County Land Development Code. SUBSECTION 3.T. AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS Section 5.05.08 Architectural Standards for Commercial Buildings, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 ArGhiteÐtural Standards for Commereial 8uildings and Projects 1\. Purpoce and intont. Tho purpoe;o of thoco e;tandard& ~md guidolinoe; i& to supploment oxi&ting de\'olopmont criteri::1 with e;pocific critoria th::Ü apply to tho de&ign of commorci::11 buildings ~:md projoct!::. Commorcial development dopond& on high vi£ibility from mí3:Í0r public streets. In turn, their design of huilding(£) and cite determinec FFluch of the image and attracti'JØnoss of the ctreotccapoG and char~:lCter of a community. MaGGi','o and/or gonoric de~:elepments that do not contributo to, or integrato with, the community in a positive mannor can be dotrimental to a community'e; imago, and sonGO of placo. The goal is to oreato and maintain a pocitive ambiance and Gtrong oommunity imago and idontity by providing for arohitectural and cite dOEign treatments which will onhanoe the viGual appearance of oomFFlercial EJevelepment in Collier County, while e;till providing for deEign flexibility. Thoe;e Gtandardc are intondod to onhanoo the quality of lifo in Collior County. Too f}F9minent styles of arohiteGture in Collier County inolude: a blenå of SpaniEh M~it~;ranoan with barrel tile roofE, stuooo rooade£:, archee and 'f.-ood aooent memBOrG ueed aE typical detail£:; Florida Craokor Etyle, whioh inolude£: motal roofe and oovored porohe£:; and Bermuda/Island Regoncy whioh inoludeE white tile roofe '.\lith EtuooO facadoE and quoinE ueed ae typioal details. 'JlJhile no particular Etyle of arohitocture ic prohibitod herein, the above referenoed individual ctylec, and tho interpretation or blending of charaoterietice aSGociated '.vith thoEe EtyleE are encouraged. These ctandards and guidelines incorporate a bacic level of arohitectural design '::ith site dm;ign featuree whioh inoorpor~:lte Eafe and oonvenient vehicular use areae and podestri::1n Page 49 of 156 =&,~~ ::: :~ng and &ignage tmatmonl& iAten~~= ~~:~~~n ~:=~:on&iVO fa Duh . i. d site development consl n . I~, ~ I e 2~~ ~~~:: ~y Growth Monagomont ~~;' ~ ;;~? ~=: this . C t:I i I e; ~ ~ intended to promote the UÐe of Cnmo PFeventl~ ~~~ ~::o~=~~¿ (CoP T .Ë.D.) principals including:. Visibility visibility I~ I~ ?~r~::t and other peo i e ;r~a; natural surveillance placing areas of, aC~lvlty ..\her~ ~~~ c~~e 6~;n by law enforcement and the public; and defensible space designing a~eas whlc~ people :I~;;~~ ~; t~~i(~~ and not be willing to relinquish this space other undoslrable activities. B. /\pplicability. Provisions of this division are applicablo in all commorcial zoning dictricts, com~~r~;1 and non residential compononts of PUD districts, ORis, business park ~::~;¡~ì~, ~~~trial zonod areas and all other zoning districts for non rosidential developments and buildings fronting on artorial or collector roads as de£cribed by tho transportation ~~~uI~¡~~ ~Iomont of tho grewth managemont plan, v.'hon located in the urban re.cidontial areas '~di~;t~d on tho futuro land uso map of tho grmvth managemont plan, as provided bolow: 1. Rono'Kltions ::¡nd rode'.'o!opmont: In tho caco of additions or renovations to, or redevelopmont of, an existing building or project, where the cost of such addition, ronovation, or redevelopment oxceeds 50 percent of the value of the existing structure(s), or 20 percent of the square footage of the existing structures, the provisions of this divicion shall apply. 2. DiscontintK1RcO: The provisions of soction 9.03.00 of this Codo do not apply to tho provisions of section 5.05.08 which require structural alterations and are suporcedod by the following. \^,hero the uso of a structure cea£os for any reason, excopt INhere govornmontal action impodes access to the promisos, for a period of more than 365 consecutive days, the provi£ions of this Codo which may requiro structural alterations shall bo adhered to prior to reoccupancy of tho structure. With reGpect to vohicular use and requirod IandGcape aroas, the provisions of this section shall apply whoro tho uso of a structure ceases for any reason, excopt where governmontal action impodes access to the premisos, for a period of moro than 180 consecutive days. 3. Roquimd sito dovelopmont or improvemeRt pkm. Compliance with the standards sot forth in this division shall bo demonstratod by submittal of architectural drav.'ings and a site development plan or site improvomont pkm in accordance \Nith section 10.02.03 of this Code. 4. J.l.f.ustr::¡f.ions. Illustrations providod in this section 5.05.08 aro intended to provide a graphic oxample of a Gpocific provision or provisions sot forth herein. Variatiom: from thoso iIIuE:trations \~/hich nonotheloss adhere to tho provisions of this diviGion, arc encouragod. 5. NOR commer-cia.' dovelopment: Non commercial use applicatiom: shall demonstrate that the intent of this section can be effoctivoly accomplished without meeting tho spocific development standards of this section. Oesigns which aro responsive to the contoxt and proposod use and demonstrate a well considered design thome may request an administrative review of the alternative approach and deGign. In addition to the baGe submittal requirements, applicants shall clearly label tho plan submitted as an ".^.Iternative Architectural Dosign Standards Plan" ~md shall referenco the requested doviations on tho plan and chall submit a doscriptivo narrativo which specifically idontifios tho code de....elopment standards roquired by this section which is/aro being propoced to bo addressod through the altornati'.'o approach. Supplemental submitt::ll and narrati',e descriptions must be provided which supports the applicant's submission. Tho County Manager or his dosignoe "viii administrati'.'ely review submittal documents for consistency '.\lith tho intont of this soction and if the plan is approved through this provision, shall speoifioally note the approved doviations and the basis of tho approval within the site de'lolopmont plan approval letter. Ooviations approvod &hall bo ::lpplioablo only to the spocific dosign and plan rel/io'Ned. Modifications of an approved dosign shall void the ::ldministr::ltive apfiJroval of tho deviation and require resubmittal of the deviation request to planning sorvioos staff for re evaluation of tho requost in tho contoxt of the amended design and plan. C. .^.rchiteotuml and site de&ign standards and guidelinos for commorcial buildings and projects with a gross building aroa of 20,000 squaro foet or largor. Page 50 of 156 =~:: ~: :,~:~:dard. ael forth in Ihia aeolian sholl ~ ~~~~~~~ ~ ~u=o:;:: . i t I If' d ; ~¡t~de'JeIOpment plan in accord::mco with coctlon 10.02.03 of this Geåe-:- 1. Off str.oet f'):Jrking design. ,^,c providod for in E:ection 1.05.00, :md ßubject to the following provisions: a. Purposo ::md Intent. Commorci31 buildings 3nd projects, including their outp3rcolc ch311 be dosigned to provide s3fe, convenient, 3nd officiont access for podestrians and vohiclos. P3rking ßh311 bo dOßignod in a consistont 3nd coordinated mannor for tho ontire sito. Tho p3rking area Gh311 bo integr3tod and dOßigned ßO 3S to enh3nce tho vieu31 3pp03rance of tho community. b. DesIgn st:Jnd:Jrds. Parking, utilizing tho ßamo dogreo of angle, E:~all be dovoloped throughout tho sito to provide officiont 3nd c3fo tr3ffic 3nd podoctri3n circul3tion. ^ single b3Y of parking provided 310ng the porimotor of tho ßito m3Y v3.ry in design in ordor to m3.ximizo tho number of sp3cec providod on site. The mixturo of one '....3y 3.nd two W3.Y p3rking 3isloß, or difforont dogreos of 3nglod p3rking within 3ny p3rking 3re3 is prohibited, oxcept 3S noted 3bovo, or where individu3.1 p3.rking 3r03S 3.re physic3.lIy sep3r3tod from one 3.nothor by a continuous landscape buffer, 3 minimum five feot in 'Nidth '....ith limitod access. Landscape buffers for thoßo 10c3.tionc Gh3.11 uso 1::mdsc3.pe m3.torial other th3.n grass for Gep3r3.tion of p3.rking 3r03C (Soo Illustrations 5.05.08 C.1 3.nd 5.05.08 C.2 bolo'N). IIIustr3tion 5.05.08 C.1. IlIuE:tr3tion 5.05.08 Co2. i. M:JxImum parkIng: P3rking in oxceE:C by 20 porcent of the minimum p3rking roquirements ch3.11 provide 3dditional I3ndsc3.ping aG dOE:cribed in coction 4.05.04 of this Code. c. P:JrkIng for projacts. Projocts E:h3.11 bo dosignod to adhore to tho following Gt3nd3rds: i. ,Intorior Jots. No more than 50 porcent of tho off ctroot p3rking for the entire commercial building or projoct shall bo loc3ted bet'....eon 3ny primary f3cado of the commercial building or projoct 3nd the abutting stroet or n3vig3blo 'Naterw3Y· (See IIIustr3tion 5.05.08 C.d beIO'.~.'). IlIuGtration 5.05.08 C.d. ii. Como," Jots. No more than 80 poraent of tho off Gtroot parking for tho ontiro commorcial building or projoct shall be locatod botweon any primary fac3do of the commorci3\ building or project 3nd tho abutting stroet or n3vig3ble w3tOrN3Y area, '....ith no Ginglo side to cont3in moro than 65 porcent of the required parking. (Soo Illustration 5.05.08 C. ~ below). Illustration 5.05.08 C.4. d. P-arkiRg strl:lsture st3f1fJaroo: a minimum of 60 porcent of any prim3ry facade of a parking structuro or co'.'ered parking faoility shall inoorporate tl/.<o of the following (ceo Illustration 5.05.08 C.G belm\' for oxamplos): i. Tr-aneparent winelowG, with olear or lightly tinted glass, whore pedectrian oriented bucinossoc aro located along tho bcado of tho parking ctructure; ii. Display windows; iii. Oooorativo motal grille work or similar detailing which provides Page 51 of 156 toxturo ::md partially and/or fully covorE: tho p3rking E:tructure oponing(s); iv. /\rt or architoctur31 troatment euch aE: sculpture, moeaic, glass block, Op3qUO 3rt gl3cc, relief 'Nor\<, or eimil3r fe3turec; or, v. Vortic31 trellic or othor I3ndsC3ping or podoetrian pl3Z3 3re3. IIIuetr3tion 5.05.08 C.5. 2. Lighting. a. Purpose :lnd intent. Commorci31 buildings and projocts, including their outparcelc ch311 bo dosignod to provide c3fe, convoniont, and officiont lighting for podostrians 3nd vohiclos. Lighting sh311 bo dosignod in a con£istont and coordinatod m3nnor for tho entire sito. The lighting ::md lighting fixturos sh311 bo intogratod ::md designed so 3S to onh3nco the ViSU31 imp3ct of tho projoct on tho community 3nd/or blends into the 1::mdcc3pe. b. Shie,'ding stanck1riJs. Lighting Sh311 bo dosignod IW 3C to provont direct glare, light spill3go 3nd haz::1rdous intorforenco with 3utomotivo ::1nd pedoE:tri::1n traffic on adjacent 5troots 3nd 311 adjacent propertios. c. Fi-xt/;;J,"7e hoIght st:lndards. Lighting fixturoE: chall bo 3 m3ximum of 30 foet in hoight within tho p3rking lot 3nd 5h::111 be 3 m3ximum of 15 foot in hoight '.vithin non vehicul3r podostri3n 3ro3C (so 0 IIIustr3tion 5.05.08 C.6 bolow) .w . IlIuGtration 5.05.08 C.6. d. Design st:lnck1rds. Lighting sh::111 bo usod to provido safety while acconting koy 3rchitoctur31 elomontE: 3nd/or to Omph3Gizo I3ndGoape f03turoc. Light fixturos Gh::111 bo dosignod 3C :m intogr31 dOE:ign olemont that complomonts tho decign of the projoct. ThiG C3n bo 3ccompli5hed through ctylo, matorbl or color (excluding floroe;oont, prim3ry 3nd/or cocondary colorc) or bo dosigned to blond into the l::1ndGc3po through the uce of d3rk colors euch 3e bronze. Mill finieh is not pormittod. 3. ServIce F/;;Jnction J\re:ls (SFJI.) Inc.'udIng but not tfmitod to !o:lding, stor:lgo, moch:lnic:l! oquipment, :lnd solid waste dispos:l!. a. Purpose ::md intent. To diminish, in a safo m3nnor, tho visual impacts of corvico functions th3t may dotract or h3VO 3 nog3tive imp3ct on the ctrootec3po, landec3po 3nd/or tho ovorall community image. b. Bufforing and scrooning ctandards. In accord3noo with the provisionc of Ch3ptor '1 of this Codo, 103ding 3r03S or dockc, outdoor stor3ge, trash collection, moch::mic31 equipment, tr3sh comp3ction, vehicul3r ctor3ge oxcluding now 3nd usod C3rE:, rocycling, roof top equipment ::md other sorvico function aroas e;hall bo fully screonod 3nd out of view from adjacent proportioe 3t ground viow level and in view of roadw3Y oorridors. c. Materials and Ges.'gn stDndards. Soreening material and docign Sh311 be oonsistont with deÐign treatment of tho primary facades of the oommorcial building or projoct and the landscapo plan. d. Dr:'.lfJ thro/;;JfJR wInQov: standards. Drive through windov.'c and I:::mos chall be designed to adhere to the follov:ing standards: i. Orive through 'l.'irn:lowG shall not be plaoed botween the right of way of a primary oolleotor or arterial roadway 3nd the 3csocbted builEling, unloce: tho vogetation requirod by a Typo "B" landscape buffer is ine:tallod v:ithin tho buffer width required for tho projoct ::md maintained along the entiro longth of tho drive through 13ne bot-woon tho drive through lane and tho adjasent right of '....ay. As 3n 31tornativo to the vogotative buffer reforenced ::1bovo, a Page 52 of 156 ~orm3nont covorød porte cochoro typo E:truoturø, ot~o~~~ ;:.~f~t:Y:~:~Y~~o:~~G;~:~~,::~ ~~~R:':~li~: ::::(:)11>. ~::;h ctr~~turo ch311 bo intogr3ted ctructurally and 3rchitoctur311y into tho docign of the building. ii. Only a cinglo drivo through facility ic pormittod. 4. Pedostri::m walkvl\Jys. a. b. Purpose ::md intont. To prøvido cafo opportunitioc for altornativo modes ~f~~ortation by oonnoGting will> oxisting ond fuMo pedestrioR ond b'c' pathwayc within tho county and to provido cafo pacsago from the public right of way to tho building or projoct, '.vhich includos the 3rea botwoon 3nd including tho p3rking 3reac 3nd tho building perim~tor, 3nd botwoon 31torn3tivo modoc of tr3ncportation. Podostrian accoss st::mdards. Pedoctrian ':lays, linkagos 3nd paths shall bo providod from tho building entry(c) to currounding stroots, extornal sidowall<£, outparcels and parking 3reas. Podostrian W3YS Ch311 be dosigned to provido acccss botwoon parl<ing aroas and the building ontranco(s) in a coordinated and cafo mannor through tho incorporation of '.\folkways, cidowalkc and crosswalks. Pedectrian wayc may be incorporatod within 3 roquired bndsc3pe pørimotor buffer, providod c3id buffer ic com:ictont 'Nith the oxceptions outlinod in Ch3ptor -1 of thic code. Sharod pedostrian v.'alk\v3Yc arø encouragod bot'Noen adjacent commorci:J1 projocts. c. Jl.4in,imum r3tios. PedoE:trian wayc E:h311 bo providod at a minimum ratio of ono for oach public vehicular ontr3nco to 3 project, oxcluding ingreE:s and ogrocs points intonded prim3rily for sorvice, dolivory or omployee vohicles. d. .ð.4,inimum œmonsions. PodoE:trian walkways shall be a minimum of five foet wide. o. Materials. Podostrian 'lI3Ik'....ays E:hall bo concistont with the provicionc of Goction -1.5 of the Amoricanc with Oisabilitios Act (ADA), I\ccossibility Guidolinoc. MatorialE: may includo E:pocialty pavørG, oonorøto, colorod concroto or ßtamped pattorn concrøte. f. Pooostrian crosswa!ks 3t building perimotor. building porimotor croE:ßw3lks E:hall bo dosigned 3nd coordinatod to move peoplo safoly to 3nd from buildings 3nd p3rking 3rOaG by idontifying podostri3n crossings with cignago 3nd variationE: in pavoment m3torials or m3rkings. g. Shade. Pedestrian v.'alk'llaYE: E:h311 prøvide intermittont shaded areas when the '....3Ikway excoedE: 100 linear feet in length at a minimum ratio of 100 E:quare feet of E:haded arø3 per e':ery 100 linear feet of w3lk'Nay. Shade E:tructuroE: m3Y be n3tural, m3nmade or 3 oombination of both. 5. Building docign. a. Purpese and intent. To maintain and enhanoe the attractivenesc of the streotscapo and tho existing architeotural dosign of tho oommunity. buildings shall have architoctural featurec and pattornc that provide visual interect from the perGpeotive of tho pedectrian; reduce macsing aecthetio; røoognize looal oharaotor, and be E:ite røßponsive. Facades shall be docignod to reduce the macc/scale and uniform monolithic appearanoe of largo unadorned wallE:, while providing vicual intereGt that 'NiII be oom:iE:tent y.'ith the oommunity'c identity and oharaoter through the use of detail and scale. Articulation ic aooomplished by '¡arying the building's maCE> in height and width GO that it appearc to be divided into diE:tinot massing elemontE: and details that oan be peroeived at the E:oale of the pedeE:trian (see lIIuE:tration 5.05.08 C.7 below). IIlustratien 5.05.08 C.7. Page 53 of 156 =~~à:=~~::~~I~~~~~:O~So~:ha::~~~~~rG~:~:~~~~. ~~ ~=~:~:: to emphasize their 10Q(]lion ao gateways and transition points Withi~:: ~~;:::~. b. ~Ui~~9 oriontation st:.mdarœ. Facades/olovatiom~ that aro adjacent to n erial or collector street, or a navigablo waterway, shall havo two of tho following docign features; i. Windows at a minimum of 40 percont of the affocted facade; ii. Projected co'.'orod public ontry with a minimum of 25 porcent of the wall space devoted to \..'indows: iii. Co'.'ered walkway (excluding canvas type) unleGG pro'.'idød with six (6) inch columns or bettor attached to tho building at a minimum ef. eight feet wide with a 60 porcent minimum coverage for the affected facade. c. Facado/vslU hoight transition. Now developments that are locatod v.'ithin 300 feot of an oxisting building, and are more than twice tho height of any oxicting building within 300 feot shall provide transitional massing eloments to tranGition betwoen tho existing buildings of lowor height within 300 foet, and the propoGed development. The transitional mascing element can be no moro than 100 percont taller than the avorage hoight of the adjacent buildings (see IlIuctration 5.05.08 C.8 bolo''') .... . IlIuGtration 5.05.08 C.8. d. F.acado standíJrd. /\11 primary facados of a building chall be designed with consiGtent architoctural style, dotail and trim foatureG. Facades attached to a primary facado Ghall incorporato featurec of the primary facade for a minimum of 33 porcent of the o'.'erall wall length moacured from the attachod primary facade. In tho caso of outparcel buildings, all oxterior facades Ghall adhere to tho roquirementG of this diviGion with rospoct to architectural deGign treatmontG for primary facados. i. WiFldoVl stand::m:Js: 'Nindo'Ns Ghall not appoar to be talGO or applied. ii. I\vlAing staFICJar4s: Thoso standards apply to awningG aGGooiatod with and attachod to a building/Gtructure. (800 IlIuGtration 5.05.08 ~ Illustration 5.05.08 C.g. ManGard a'Jmings which are av:ningG that are more than gO porcont of a facado or thoGO that connect t'/Jo facadoG shall adhore to all roof ctandards of this Geotion of thic Code. ^II other awningc whioh aro awnings that oonstituto 105G than gO peroont of a faoade and which do not provide a connection between faoadeG Ghall adhore te the follO'.ving standards: a) :'\wnings may be baoklit providod the iIIuminatod portion of the awning with graphios does not exoeed tho size limitations and standards of thic Code. AutoFRoBile sales parking lot awnings: Shade av:nings may be ereoted in automobile sale& parking lots e:ubjoot to the following requirements and ctandards: a) No shade awning e:truoture e:hall be oonstructod '.\'ithin 75 feet of any public or private e:treet. b) No one shado awning struoture may exoeod an area Gufficient to provide Gover for more than 20 automobilos. Page 54 of 156 d) The minimum separ:::ltion botwoon sh:::ldo awning ctructures £h:::lll bo 100 foet. Multi oolorod chado a'l.'ning structuros aro prohibitod and tho uso of black, gray, florescont, prim:::lry :::Ind/oF socond:::lry colore is prohibitod. E:::Irth tone colorc :::Ire oncour:::lgod. c) r'\'.'orho::Jd doors: Ovorhoad doorc f:::lcin'"' one anothor may be iii. ~ H :;:¡ tre~:ltod as interior spaco provided that tho buildings moet all other requiromonts of thie eoction 5.05.08. (Seo IlIuetration 5.05.08 C.1 0 belolN) Illustration 5.05.08 C.1 O. o. .^Aaôsing standar4s. Exterior facados shall bo dosignod to employ the follo'Ning dosign troatmonts on tho ground floor: i. No horizont:::lllongth or unintorruptod curvo of :::I building bC3de sh311 oxcood 100 linoar feot. For arcadod faoados, no horizont31 longth or unintorruptod curve of tho arcaded meade E:hall oxceed 120 foot, but v:::Iriod lengthe aro dosir3blo. Projoctions 3nd rececsos sh:::lll h3vo a minimum depth of three foot with 25 porcent of thoco h:::lving a variod longth with 3 minimum difforential of one foot (Soo Illustration 5.05.08 C.11 bolow). Illustration 5.05.08 C.11. ii. Extorior wall pianos shall not constitute more than 60 porcont of oach 3ffoctod ground floor f:::lc:::ldo. Tho wall piano ch:::lll be moasurod at one foot off tho exterior 'Nail surface on o:::lch sido of tho w311. iii. Primary f3cados on the ground floor shall havo foatures 310ng a minimum of 50 percent of their horizontallongth per :::Iffocted side. Thoso features includo, but 3re not limitod to: 3rc:::ldeE:, a minimum of E:ix foot clO:::lr in width; diE:pl:::lY ',vindows; entry :::Ire:::lc; or other E;uch dosign elemonts. Awnings :::Iro includod in thiE; calcul:::ltion 3t 1.5 timo£ tho \\'indO\\' 'Nidth whon assocbted with windows/doors and aro in incremonts of 20 foet in longth or loss. f. Project standards. Both Einglo and multi use buildings and projects shall al£o bo required to provide :::I minimum of four of the following building design treatments (EOO IlIustr:::ltions 5.05.08 C.12 :::Ind 13 bolow): i. Canopios or portico, intogr:::ltod with tho buildi~gs mm:cing and ~ IlIue:tmtion 5.05.08 C.12. IlIuctration 5.05.08 C.13. g. Deta.'! reat/;/res i. Pl:JrfJese ane intent. The design elemeAte in tho following Gtandarde shall be integral parte of the bl-Jilding's exterior meade and ch311 be integrated into the overall architeotural style. These elemonte shall not ooneiEt solely of 3ppliod graphice:. or paint. ii. B.l.ank wal! areas. Blank wall areaG shall not exoeed ten foet in vertioal direction nor 20 feet in the horizontal direction of :::Iny prim3ry facade. For mcades connected to a primary mC:::ldo this shall apply to a minimum of 33 peraont of the attaohed mO:::lde measured from the oonnection point. Control and expansion joints within this area e:hall constituto blank wall area unless used as :::I Page 55 of 156 ~o~~r~i~~ pattorn and €paced at intorvalE>. o.f tix foet or loss. . ~~;~ rovoal work dopth mutt bo 3 minimum of one h3lf. ~nch ( lIu€tr3tion 5.05.08 C.11 bolow). Blank wall 3roa may ~~:~ land€c3ping to aG£i£t in roducing tho blank W31l aroa. L3ndGcaping ch311 not bo in liou of architoctur31 troatment. (Seo Illu£tr3tion 5.05.08 C.15 bolow). IIIuetr3tion 5.05.08 C.11. IlIu€tration 5.05.08 C.15. iii. Repeating f:JCade tmatmonts. building facadoG eh311 includo 3 rep03ting pattorn and £hall includo no lo£e than throo of the dosign olomente IiGtod bolo'N. I\t 103Gt one of thoco dotign olemonts £h311 repoat horizontally. ,^.l1 dOGign olemont£ Gh311 rep03t at intor\'31£ of no moro th3n 50 feot, horizont311y 3nd a maximum of 15 foot vortic3l1y. a) Color change; b) Toxturo change; c) Matori31 modulo change; d) ExpresGion of architoctural or structural baye, through a chango in piano of no 10GG th3n 12 inchoG in width, Guch as 3 revoal, 3n offsot, or a projocting rib (soo IIIuGtr3tion 5.05.08 C.16 below); IlIuGtration 5.05.08 C.16. 0) Architoctural b3nding; f) 8uilding Gotb3ckG or projoctione, a minimum of threo foot in 'Nidth on upper lovol(s) or, g) Pattern change. h. Add-Wona! faoade dosign treatments for muWplÐ use buildingG. i. Purposo and if/tent. The proGonce of buildings with multiple tonante creato£ '¡ariety 1 broakG up largo oxpanGo£ of unintorruptod f3cadoG, 3nd oxp3nd£ tho rango of tho Gite's activitio£. Window£ and window displaye of £uch GtoreG £hallbe usod to contributo to tho viGual intereGt of oxterior f3cadeG. The standarde in thie Goction aro diroctod toward thoGe Gitu3tions where more than one rot3ilor, with GOpar3to oxtorior cUGtomer ontranceG, are located within the principal building. ii. First floor primary facaee tr-eatmonts. a) The firGt floor of the primary faoadoG shall, at a minimum, utilizo window£ bot'Noon tho hoights of three feet and oight foot abovo tho w31kway grado for no 10eG th3n ðO percent of tho horizontallongth of tho building f::lOade. b) Windows shall be reoessed. a minimum of one half inch, and shall includo visually prominant sillG, shuttorG, €tucco roliofs, or othor such forms of fr3ming. i. Ol:/t/3ar~els. i. P.u....poso aRe fRief/!. To provide unified architeotural design and site planning bet'Neen outparoel Gtructuro£ and the main structure on the Gite in ordor to enhance tho vi£ual impact of tho ctructures and to provido for Gafo ::md convoniont vohicular and podoctri3n Page 56 of 156 aGcess and movoment 'Nithin tho e:ite. ii. Ol:ltpar-Ðe! design: 1\11 e*Ìerior faoacloc of an outparool ctruoture sh:J1I bo ooncidorod primary f3cadeE: and e:hall employ architoctural, sito, and landscaping dOE:ign elomontE: ':hioh are intogr::1tod with and common to thoe:o usod on tho primary structuro on E:ito. Thoso common design olomonts shall inolude colorE: and materialc ascociatod with tho m3in struoturo. Whon the usa of common \'.':JII, cido by cide development occurs, continuity of fac:Jdoc and oonsolidated p:Jrking for E:ovoral bucinocsac on ono parking lot m3Y bo ue:od. Outpmcol structures th:Jt :Jre adjacent to 03ch othor Sh311 provide for vahicul:Jr connoction bahvoen thoir rospoctivo parking lotc 3nd provido for intoroonnoction of pedectrian walk'#ays. j. Roof treatmÐnts. i. Pl:lrpOSÐ and intent. \'ariatione: in roof linoe: e:hall ba ue:ed to add intoroct to, 3nd roduce tho mascing of buildings. Roof fO:Jturos ch:J1I bo in sC:Jlo '.\lith tho building's macs and complement the char3ctar of adjoining :Jnd.'or adjaGent buildings and noighborhoodc. Roofing m3torial should be conctructod of durable high quality m:Jtorial in ordor to enh3nco tho 3ppe:Jr3nca and attr:Jotivonosc of tho oommunity. The following ct:Jndardc idontify :Jppropri:Jto roof tro:Jtments and featuros. ii. Roof edge Dnd par::JpÐt t"'ÐDtment. At a minimLJm of t'NO looations, tho roof odge and/or par:Jpot sh:J1I h3'/O a vertic31 change from the dominant roof condition, a minimum of threo f-oot. At 103ct ono such chango shall bo locatod on :J primary faoado adjaGent to a colloctor or artorial right of way (cae Illustration 5.05.08 C.17 below). One addition:J1 roof chango must bo provided for o'lel)' 25,000 cquaro foot inoroment over 50,000 cquaro foot of ground floor space. IlIuE:tration 5.05.08 C.17. iii. Roofc shall meet the following requiremonts: (Soo Illustration 5.05.08 C.18 below) a) Parapots chall be uE:ed to conceal roof top oquipmont :Jnd flat roofs; b) Whero overhanging ea'leG are ue:od, overhange: e:hall be no loss th:Jn two feot boyond the supporting '.valls. \I\'here ovorhangs aro loe:s than two foet thoy Sh311 bo providod 'Nith a b:Jnd or cornioo, a minimum of eight inchos under tho soffit at tho 'N:JII. c) Faoia e:hall be a minimum of eight inohes: lIIue:tration 5.05.08 C.18. d) Tilo or metal as the dominant roof matorial. i" . . ProJ::1itJitod .~oof types and matefials. Tho following typeE: of materialc aro prohibitod: a) AGphalt shingles, e)(oept laminated, 320 pOLJnd, 30 year architootural grado asphalt e:hingloG or batter; b) Mansan:! roofs and canopies without a minimum ':ortioal diGtanoe of eight foet and at an angle not leGs than 25 dograee:, and not groater than 70 degreos; 0) RoofG utilizing less than or equal to a t'/lO to 12 pitoh unless utilizing full parapet oo':erage; and Page 57 of 156 d) Back lit awningG UGod aG a manGard or canopy roof. 1,<. Entrj''IIDj's/custome.'' ontr::mco tro:Jtmonts. i. Purposo Dna intont. Entry'Nay dOGign oloments and variations are intonded to gi'.'e protoction from the Gun and advorGe weather conditione. Thoso oloments aro to bo intogratod into a comprohonsivo design stylo for tho projoct. ii. Entryw:Jys/customor ontr:Jnco st:Jnd:Jrds. Thoca standards idontify appropriato ontry foatures. a) S.'ng,le use buildings. Singlo UGO buildings e:hall have cloarly definod, highly visiblo customor ontrancos which shall includo tho follmving: (i) An outdoor patio aroa adjacent to tho oUE:tomer ontranco, a minimum of 200 square feot in area which incorporatos tho follo'Ning: (1) benchaG or othor Goating compononts; (2) docorative landscape plantore or wing walls 'Nhich incorporato landscapod aroas; and (3) etructuml or vogotativo ehading. (4) front ontry ehall bo eet back from tho drivo a minimum distanco of 15 feet. b) Mult.i.pte use buildingG and projects. Multi uso structuros shall include tho following: (i) Anchor tenants shall provido clearly definod, highly viGiblo cUGtomer entrancos. (ii) A provision for intermittont shadod outdoor community spaco at a minimum of one porcont of tho total groes floor aroa of tho building or commorcial projoct. Said community spaco shall be located off or adjacent to tho circul3tion path of the complex or main structuro ~md shall incorporate bencheG or othor sooting compononts. (iii) ^ front entry ehall bo sot baok from tho drive a minimum of 15 foet. I. .4.4:Jtor.':JJs and color. i. Purpose ami intent. Extorior building oolore and m:Jtori3ls contributo signific:Jntly to tho visual imp3ct of 3 building on the community. Thoy ehall bo woll dosignod 3nd integr3tod into 3 comproheneivo doeign stylo for the project. ii. Extorior building m:Jter.'tl.1.s sKmoo...Gis. a) Predominant exterior building matorials ehall includo, but are not limitod to: (i) Stuoco; (ii) Briok; (iii) Tintod, textured, other than smooth or ribbod, concreto masonry unite; or (iv) Stone, exoluding an ashlar or rubble construction leek-: Page 58 of 156 b) Predominant exterior building materials that are prohibited include: Plastic siding; (i) (ii) Corrugated or reflective metal panels; (iii) Tile; (iv) Smooth or rib faced concrete block; and (u) y Applied stone in an ashlar or rubble look. c) ^utomotive and other special typo cervice buildin~s may utilize prefabricated metal buildings under the following conditions: (i) Metal buildings are more than 250 feet from any right of way; (ii) Metal buildings are looated direotly behind the main ehowroom/sales conter so as not to be 3 dominant facade along the street; (iii) No more than 20 percont of tho building can be situated beyond the main auto sales center :md chowroom. iii. g"edomfn::mt ext-e..-ior oolo...(s). 3) Tho uco of bl3ck, gray, fluorescont, primary and/or socondary colore is prohibitod as the predominant exterior building or roof color(s). Earth tono colors are encouraged. iu Y. Building trim ootor(s). a) 8uilding trim and aocent areas may foaturo any oolor(s), limited to ton percent of tho affoctod fuc3do segment, with 3 maximum trim hoight of 21 inchee tot31 for its shortm:t distance. b) Noon or noon typo tubing chall be pormittod as providod for in soction 5.06.03 of this Codo. /\n approved lighting plan consictont with tho provisions of section 5.06.04 of this Codo shall bo providod. 6. $:gflDge. O. /\rohiteotural and sito dosign standards 3nd guidolines for commercial buildings and projootc undor 20,000 cquaro foot in size. 1. Ughtiflf}. a. Pl:J:"IiJose ::Jf/a mtc;mt. Commorcial buildings and projoots, inoluding thoir outparoelc shall 1;)0 decigned to pro'lido cafo, oonvenient, and efficiont lighting for pod()E~tri:ms and vohiclos. Lighting chall be dosigned in a oonsistent aAd ÐÐordinDteEl manner for the ontire cite. Tho lighting and lighting fixtures shall be integrated and decigned co ac to onh3nce the vicual impact of the project on tho oommunity and/or should be dosigned to blendc inte the curroundin9 13ndcoape. b. Shie!Øiflfj stémoords. Lighting shall be designed so DC to prevent direct glaro, light cpillDge and hazardouc interference ·....ith automotive and pedoctrian traffio on adjacent ctreotc and all adjasent propertioc. o. FixtI:JtÐ height stam:mrd5. Lighting fixturec chall bo a minimum of 30 foot Page 59 of 156 in height within tho parking lot ::md ch:J11 be :J m:Jximum o~ 15 feot in ~~i~ht ~~:ith¡~ non vehicul:Jr podoctrian :Jroas (soo IlIuctr:Jtlon 5.05.08 0.1 bolow) .. . Illustration 5.05.08 0.1. d. Dosign standards. Lighting sh:J1I bo usod to provido e:Jfoty 'Nhile :Jcco~t ;;; :J;~hitoctur:J1 olomonte :Jnd/or to omph:Jcize l:Jndcc:Jpo fe:Jturoc. Light fixturec sh:J1I bo decignod :JC :In integr:J1 design olomont th:Jt oomplomentc tho docign of tho projoct through stylo, m:Jteri:J1 or color (oxcluding floresoont :Jnd prim:Jry/cocond:Jry colors) :Jnd sh:J1I be deE:ignod to blend into the l:Jndcc:Jpo through tho uce of darl( colorc. Mill finich ic not pormittod. 2. 8Ðrv..'c:)Ð F/;/nctfon l'.rÐ:JS (8FI\) fncl/;/ding I:)/;It not .~imitÐd to loading, sto:":Jge, moch:Jnic:J1 equipment, :Jnd solid Y/\Jsto dispos:J!. a. Pu:-pose :Jnd intent. To diminish, in a cafo mannor, the vie;u:J1 imp:Jote; of sorvico functions th:Jt may distr:Jct or h:J'Jo :J neg:Jtivo imp:Jct on the ctrootcc:Jpo, l:Jndcc:Jpo :Jnd/or the o'Jor:J1I community im:Jge. b. Bufforing :Jnd sCrÐoning st:Jnck1:4s. In accordanoo with tho provicionc of Ch:Jptor -1 of thie; Codo, loading :JrO:JE or dookE, outdoor stor:Jge, tr:3Eh colloction, moch:Jnic:31 equipmont tr:3sh comp:Jction, vehicul:Jr ctor:Jge, rocycling, roof top oquipmont :Jnd othor cervico function :Jre:Je; ch:J1I be fully e;creonod and out of viow from adjacent propertiee :J1 ground view 10'.101 :Jnd in viow of ro:Jdw:JY corridors. c. M·ate:i:J!s :Jnd design st::Jnoo:ds. Screoning materi:J1 and dee;ign chall be ooncistont with docign tro:3tmente; of tho prim:Jry f:Jc:Jdos of the commorci:J1 building or project :Jnd tho I:Jndsc:3pe pl:3n. d. Drive through vAndow st-:Jnda:cJs. Drivo through windol/.'E and I:Jnoe; chall bo dOE:igned to :Jdhoro to tho following ct:Jnd:JrdE; i. Drive through windowc chall not bo plaood bOÌ'.'Voen tho right of w:JY of a primary colloctor or arterial roadway :Jnd tho :Jce;oci:Jted building, unloe;s the 'Iegot:Jtion requirod for :J Typo "B" landscape buffer je; ine;t:Jlled within the buffer width requirod for tho projoct :Jnd maintainod :3long tho entire longth of tho drive through l:3no betwoen tho drivo through l:Jno :Jnd tho adjacent right of W:JY. Ac :In :Jltornativo to the vogot:Jtiye buffer roforenced :Jbove, :J porm:3nont coverod porto cochore typo ctructuro, other th:3n awning/c:Jnvae; typo ctructure(c). m:JY bo ine;t:3l1od, oxtonding tho width of tho drive through and oovoring the e;orvioo ':¡indow(e;). Such ctructuro chall be integr:Jtod ctructurally and arohitecturally into tho docign of tho building. ii. Only a cinglo drivo through f:Joility is pormitted. 3. PeEfest:ian '/I:JI.'<'Klys. a. P/;/rfJose :Jf7fJ intent. To provido Gafo opportunitios for altornative modoe; of tr:meportation by connecting with oxicting and futuro podestrian and bioycle pathwaYG within tho oounty and to provide safo passage from the publio right of way to tho oommercial building or projoct, and botween altornative modos of transport:ltion. b. PeEfest....ian assess staAdards. Pedestrian w-ays, linkagos and paths shall bo providod from tho building ontry(s) to surrounding e;troots, extern:1I sidewalks, and outparoels. Podectrian 'lHlYC shall bo designed to provide aS6866 bep/:oen parking aroas and tho building entranco(e:) in a coordinated and safe manner. Podostrian w-ays may be incorporated within a required landscape perimetor buffer. providod said buff-er ic not lace than ton feat in 'Nidth on average. Sharod pedostrian \\'Glk'l.'aye are onoour:Jgod bot'.veon aEljaG8nt commeroial projoots. o. MiRim/;/m raties. Pedostrian ways shall be provided at a minimum ratio of Page 60 of 156 one for oach parcel. d. .\4iniml:/m dimensions. podostrian 'I.'alkwayc: shall be a minimum of five feot wide. o. ~~~~í~ls. podo£tr~an '.v?lk'.vay~ c:ha.1I boo ??nci~ton~ wi~ ~o pro~i~i.ons of G ~d~'; ~~ of tho : ,menc3~c with Dls3~llItles , ,ct (, ,D. ,) , ,ccesslblllty ~ In. M3ton31s m3Y Include spocl31ty P3vors, concreto, colored concroto or ct3mped p3ttorn concrote. f. Pedestri:ln c::osswa.1ks at liwiJdiRfJ perimeter. building porimoter crocc'N311Œ sh311 bo dosignod 3nd coordinatod to movo peoplo Gafely to 3nd from buildings 3nd parking 3r03S by idontifying pedostrian crossings with sign3go and v3ri3tienG in p3vemont matorials or m3rkings. g. Shade pedestrian '.valkwaYE: Sh311 provido intermittent shaded 3reae: when tho w311<w3Y excoeds 100 lin03r foot in length 3t 3 minimum ratio of 100 squaro foot of sh3dod 3ro3 por ovory 100 lin03r feot of \valkw3Y· Sh3de ctructuros m3Y bo natural, m3nm3de or 3 combin3tion of both. 4. Building design. a. Purpose and intent. To maint3in and enhanco tho 3ttractivonoGs of the stroetsc3pe 3nd tho oxisting 3rchitectur31 doe:ign of the community. buildings shall h3ve 3rchitoctur31 fe3tures and pattornG th3t provide visual intorost from the porspoctivo of the podestri3n; reduco massing aosthotic; rocognizo loc31 ch3r3ctor; 3nd be sito rosponsivo. F3c3des chall bo docignod to roduco the m3Ge:/scale 3nd uniform monolithic appo3r3nco of largo unadornod walls, whilo providing visu31 intoro&t th3t will bo consistont with the community's identity and char3cter through the UGO of dotail and sc310. Articubtion is 3ccomplishod by v3rying the buildings m3SG in hoight 3nd ',\'idth so th3t it 3ppoars to bo dividod into distinct m3Gsing elomonts 3nd dot3ils th3t C3n bo porcoivod 3t tho scale of tho podoGtrian (soo IIIustr3tion 5.05.08 0.2 below). Corner loti:: at an intorsoction of hvo or moro artorialE: or major Golleator roads Sh311 be dosignod to emph3size thoir location. Buildings and structuroe: on cornor lot& chall be deE:igned '.'ith :Jdditional 3rchitectural ombellishmontc such 3E: cornor tOY.!ore:, or othor such dosign features, to omph3£izo thoir 10c:Jtion as g3towaYE: 3nd tr:Jnsition points within the community. IlIue:tration 5.05.08 0.2. b. Building oriontat.ion stanckJniJ.s. 8uilding fac:Jdos facing a public stroot bot'Noon 5,000 squaro foot and 19,999 squ3ro foot in gross building aroa e:hall havo two of the follo'Ning: i. 'NindowE: at a minimum of JJ porcent of the affootod facade. ii. Covorod publio entry 'Nith a minimum of 20 porcont of tho wall spaco dovotod to 'Nindows. iii. Covorod walkway (oxoluding canvae: type) unleGE: providod '::ith &ix inch columnG or bottor attached to tho building at :3 minimum of six foot '.'lido with a 50 porcont minimum covorago for tho affected faoade. For buildings lesE: than 5,000 sc:uaro feet in aroa, facade£¡ facing a p~blio stroot £¡hall havo one of tho following: i. 'Nineto'.YG at a minimum of 25 peroent of tho affeotod faoade. ii. Covered publio entry with a minimum of 20 poroont of tho wall spaco dovoted to 'lIindo'#s. c. FaoackJlv:.a!! height transition. Now Elevolopments that aro locatod within 300 foot of an exiE:ting building, :Jnd are mora th~m twioo tho hoight of Page 61 of 156 any oxisting building within 300 foot shall provido transition:J1 m:J~sing ~i~m~;;s to tr:Jnsition botwoen tho oxisting buildings of lowor hOlght within 300 foot, and tho proposod de\'elopment. The tr:Jncitional m:Jccing olomont c:Jn bo no more than 100 porcont taller th:Jn the ~~~~e hoight of tho adjacent buildings (coo IIluctration 5.05.08 0.3 bolo"') .... . IlIuctration 5.05.08 0.3. d. Facade standards. ,1\11 primary facados of :J building chall bo dosigned with consictont :Jrchitoctur:J1 ctylo :Jnd dotail and trim fe:Jtures. Facadoc att:Jchod to a prim:Jry facade chall inoorporato foaturoc of the prim:J!)' fac:Jde for a minimum of 33 percent of tho ovorall walllongth mem:urod from tho :Jttachod primmy facado. In the C:Jso of outp:J,rcel buildings, :JII oxtorior fac:Jdoc sh:J1I adhoro to tho roquiromonts of this divicion with recpoct to :Jrchitoctur:J1 design tro:Jtmontc for prim:Jry fac:Jdes. o. Massing standa:4s. Extorior facade!:: ch:J1I bo docignod to employ the following docign tro:Jtments: (1) No horizontallongth, or uninterruptod curve, of tho ground floor of :Jny prim:JI)' f:Jc:Jdo, for buildings botwoen 10,000 and 19,999 squ::3rO feot in gross building :Jro:J, chall oxceed 50 foot, with the maximum being 80 feot for :Jrc:Jdos. Projections :Jnd rocecces sh:J1I h:Jvo a minimum dopth of two foot and :J minimum total width of 20 percont of tho facado with v:Jriod length!::. For buildings undor 10,000 cquare foet, no horizontallongth, or uninterrupted curvo, of any prima!)' facado chall excood 35 foet, with the m:Jximum boing 60 foot for :Jrc:Jdos. Projoctionc and recosces chall have a minimum depth of ono foot and :J minimum tot:J1 width of 20 porcont of tho facado with varied lengthc. All buildings chall provide :J minimum of one offsot per public ctroot or navig:Jblo w:Jtorway. (2) For buil£Jings botwoen 10,000 squ:Jre foot and 19,999 cquare foot in gro!::c building area, oxtorior 'N:JII pl:Jnoc ch:J1I not conctituto moro than 50 porcont of oach affoctod ground floor f:Jc:Jdo ovor 30 foot. Tho w:J1I plane ch:J1I bo mO:Jcured :Jt one foot off tho oxterior w:J1I curfaco on o:Jch cido of tho wall. (3) Primary facadoc on tho ground floor for buildings botwoon 5,000 cqu:Jro foot :Jnd 19,999 cqu:Jro foot in gros!:: building :Jrea shall havo :Jrcadec :J minimum of cix foet clO:Jr in ·...'idth, display windowc, ontry meas, or othor cuch fO:Jturoc along no leec' thdn 33 porcont of tho horizont:Jllongth for OGch primary bC:Jde. Awningc :Jro includod in thic c:Jlculation at 1.5 timec tho ·.\'indo·N width when :Jccociatod with 'Nindo·l.'s/doors in increments los& than ton feet. i. W.'ndow stanck1:ds: VVindowc chall not bo falco or appliod. ii. /\v/FJing $rond::;¡r4s: Theso ctandards apply to awningc ascociated and attachod to a building/ctructuro). (See IlIuctration 5.05.08 C.9 in thi!:: Chapter) Mansard awnings which aro awnings that me more than 90 poroent of a facade or thoGe that conneot two fac:Jdoc shall adhore to all roof st:Jndards of thic section of this Code. Othor a'....ning& which arc av:ning& that oonatituto lose than gO percont of a facado and which do not provido a oonnoction botwoon facadoe sh:J1I adhoro to tho follmving et:Jndmds: a) ^wninga may be baoklit provided the illuminated portion of the awning with gr:Jphice doos not oxceod tho size limitations :Jnd stand:Jrds of this Page 62 of 156 Geå&:- b) Automobilo calec parking lot awnings: Shade m'mings may be erected in automobilo soles parking 10tc cubjoct to tho following requirements and ctandards: i) No shade owning struoturo choU be constructod within 75 foot of any public or privata stroet. ii) No one chade owning structure may oxoeed on aroa sufficiont to provido oover for more th:m 20 automobiles. iii) Tho minimum separation bot'f.-eon 3wning shado structuroe chall bo 100 foet. i") 'I' Multi oolored shado owning struoturos are prohibitod and the uso of block, gray, floroecent, primary and/or socondary oolors ie prohibitod. Earth tone colore are encouraged. iii. O'lorheDC:i doors: Overhead doom facing one anothor may be treatod os intorior cpaco provido[d] that tho buildings moot all othor requiromentc of this soction of tho Code. (800 Illustration 5.05.08 C.1 0 in this Chaptor) f. Projoct starlEJarc:J.s. Both single and multi uso InlilElings and projoots sholl aleo bo roquired to provido a minimum of four of tho follo'Ning building doeign treatmonts (500 IlIuctration 5.05.08 0.4 bolow). i. ii. iii. i" . . '.1. vi. vii. Canopios or portioos, intogratod with the building's mascing and ~ Overhangs, 0 minimum of throe foot; ^roadoc, 0 minimum of six foot oloar in width; Sculptured artwork; Raised cornico or builEling banding with 0 minimum of two reliofs; Poakod roof forms; .'\rches; viii. Display ':indO\':s; ix. Ornamental and structural architoctural details, other than cornicec; which ore intogratod into the building etructuro and overall design; x. Clock bell to,::era or other such r-oof treatment (i.e. dormors, bol'lodoree, cupolas); xi. Projectod entry. xii. EmphacizoclbullEling base, a minimum of threo foet high and a minimum projoction from tho wall of two inohes. xii i. /\dclitional roof articulation above tho minimum standards; or xiv. Any other treatment which, in the opinion of the County Manager or hie designoe, meet£> the intont of thi£> soction; lIIuctration 5.05.08 0.4. Page 63 of 156 and one of tho follo·...'ing cito do&ign elements: i. Docorativo land~oapo plantor~ or planting aroae, 3 minimum of fivo foot wide, and aroas for chadod coating conGicting of a minimum of 100 squaro foet; ii. Intogration of specialty pavorc, or etampod concroto along the buildings walkway. Said treatmont shall constituto a minimum of 60 porcont of v.'alkway aroa; iii. Wator olomont(e), a minimum of 150 equare foot in area; or iv. Two aocont or epecimen trooe (above tho minimumlandcoape roquiremontc of tho Code) along tho front IDc:lde v..ith a ~inimum hoight of 18 feet at planting. g. Dat:sJiI fuatI:Jres. i. PI:Jrpose ami intant. The design elomontc in tho following ctandardc Ghall be intogr:ll parts of tho building'c oxterior facade and Ghall bo integratod into tho ovorall :lrchitoctural stylo. These olomonts s:hall not oons:iet sololy of appliod gr:lphios, or paint. ii. Stank waN :1faas. Blank 'Nail aroa~ Ghall not exoeod ten feet in the vortical dirootion nor 20 feot in the horizontal direction of :lny primary f:lcade. For IDo:ldos: connectod to :I prim:lry f3c:ldo this Ghall apply to a minimum of 33 porcont of tho att:lched bC:ldo and moas:urod for tho connection (oontrol :lnd oxpansion jointc within this aroa s:hall constitute blank wall area unloss: uced as a docorati'.'o pattorn and spacod at intorvals of Gix foot or loss. Roliof and revoal ·.\fork dopth muct be a minimum of one half inch (coo lIuetration 5.05.08 0.5 bolovo'). Blank ':Jall aroa may utilize landccaping to :lcsist in roduoing the bl:lnk '::all aroa, but the landscaping shall not bo in liou of arohitoctural troatment. (See Illustration 5.05.08 C.15 in thiG Chapter) Illustration 5.05.08 0.5. iii. Repeating facade trcatmants. 8uilding faoades shall includo :I ropo:lting pattorn and Ghall include no loee than throo of the dosign olomonts li~tod bolo'^,. I\t least one of theeo docign olomentc shall repoat horizontally. 1\11 dosign elomonts Ghall ropeat at intorvals of no moro than 25 foot, horizontally and a maximum of 15 foot vortioally. a) Color ohange; b) Toxture ohango; c) Matorial modulo ohange; d) Exproseion of arohitootural or structural baYG, through a ch:lngo in piano of no Ieee th:ln 12 inchee in width, euch as a roveal, an offset, or a projecting rib (soo IlIuetration 5.05.08 0.6 bolm\'.): IlIu~tration 5.05.08 0.6. 0) Arohiteotural banding; f) Building sotbasks or projootions, a minimum of threo foot in width, on upper 10'.'01(£»; or, g) Pattorn ohange. h. Outpareels. Page 64 of 156 i. Purposa ::md intant. To provide unified architoctural de&ign and ~it~ ~;nning between outparcels ~md tho main structure on site ;~ ~rd~r to onhance tho vieual experience for tho vohicul3r ana pedostrian public, and to provido for safo and convenient vehicular and podestrian access and movoment '....ithin the &ite. ii. Outparcol design. 1\11 exterior facades of an outparccl building Ghall be considorod primary facados and shall employ architectural, cite, and landscaping design olements which are intograted '::ith and common to thoso used on the primary stnlcture on sito. Thoso common deeign olomonte shall include colors and matorial& associ3tod 'Nith the main structure. \"'/hen tho use of common wall, side by cide dO'Jelopment occurs, continuity of facades and consolidated parking for &overal busineGsos on one parking lot may be usod. Outparcels that are adjacent to each other are oncouragod provido for vehicular connection between parking lots and provide for pede&trian iAterconnoction. outparcels shall be designed and intograted with the main project. i. Roof tro3tmants. i. Purpose 3nd intent. Variations in roof linee shall be u&ød to add interest to, and reduce the maGeing of buildings. Roof features shall be in ecale v'Æh thø building's mase and complement the character of adjoining and/or adjacent buildings and neighborhoods. Roofing material should be constructed of durable high quality material in order to enhanco the appoarance and attractivonece of the community. The follO'.ving standards identify appropriate roof treatments and foatures. ii. Roof edgo 3nd p3r3pet t-re3tmont. .'\t a minimum of two locations, tHe- roof odge and/or parapet shall havo a vertical change from the dominant roof condition, a minimum of two foet. At leaGt one euch change &hall be locatod on a primary facade adjacont to a collector or arterial right of \':ay (Gee Illustration 5.05.08 0.7 below) .. . IlIuGtration 5.05.08 0.7. iii. Roofs shall meet tho following requirements: a) Parapøts ehall be ueod to conceal roof top øquipment and flat roofs; b) Whore ovorhanging oavo& aro UGod, ovorhange ehåll be no leG& than two feot boyond tho supporting walle. VVhore overhange are lOGe than two foet thoy chall be provided v.'Ïth a band or cornice, a minimum of eight inches, under the soffit at the ',.,all. c) Facia shall be a minimum of eight inches. (see IlIuctration 5.05.080.8 below); lIIuGtrotion 5.05.08 0.8. d) Tile or metal roof as the dominant roef material. iv. Prohibited roef types Dnd mater.'als. The following type& of matorialc are prohibitod: a) /\s:)halt shingles, exoept laminated, 320 pound, 30 year architecturol grade asphalt shingles or bettor; b) Mansard roofs and canopies without a minimum vertical distanoe of six feet and at an anglo not less than 25 dogree&, and not greater than 70 degrees; Page 65 of 156 c) Roofs utilizing loso than or oqual to a P/.'o to 12 pitch unloss utilizing full parapot coverago; ::md d) Back lit ::wmings usod a!; 3 mans3rd or c3nopy roof. j. Ent:yw::lys!customor ont."::lnco tro::ltmonts. i. Purposo ::lnd intonl. EntrY'Nay dosign olomonts and v3riations 3re intendod to give protoction from the sun and adverso woather GeRffitions. Thoco olomonts are to bo integr3tod into a comprehensivo dosign stylo for tho project. ii. Entryw::lys!customor ontr::lnco st::lnd3rds. Those st3ndards idontify appropriato entry foatures. a) Sing!o uso buildings. Singlo occup3ncy uso buildings bot'....oen 10,000 oquare foot 3nd 19,999 sqU3ro foet in ar03 sh311 h3vo cloarly dofined, highly visiblo customer ontrances which sh311 includo tho following: ^n outdoor patio 3rea adjacent to tho customer ontr3nco, a minimum of 50 squ3ro foet in 3r03 and 'Nhich incorporates two of tho following-:- (1) Bonches or othor sooting components; (2) ^ provision for intormittont shadod outdoor community Sp3CO at a minimum of one porcont of tho tot31 gross floor are3 of the building or com m o rci:::1 I projoct. S3id community sp3ce shall be loc3tod off or adjacent to tho circul:::1tion path of the OOfftßlox or main structure and shall incorpor3te bonchos or othor s03ting compononts. Front ontry sh311 bo sot b3ck from tho drivo 3 minimum of 15 foet. k. .~4Ü;ceIl3noous struoturos. i. Outsido pkly structures. Outsido play structures shall not oxcood 50 porcont of covor3ge 310ng tho 3ffoctod facade. No portion of 3ny pl3Y structure locatod betwoon tho front building lino 3nd any adjacent right of \'"Jay sh311 oxceod 3 hoight of 12 foot 35 moasurod from existing ground olo':ation. In 311 other casos, no portion of 3ny play structure shall oxcood 3 maximum hoight of 16 foot 3S moasurod from oxisting ground 0lov3tion. Play strl,fcturos sh311 bo limitod to o3rthtono color!;, 'Nith a maximum of throe color v3ri:::1tions. 5. MatefiaJ& DAd color. a. Pur paso aAd inioAl. Exterior bl,filding colon:; and matorial€: contribute cignificantly to the vi€:ual impact of a building on tho community. Thoy shall bo woll designed and intogratod into a comprehonE:Í'Je dosign style for tho project. Ð. liNte.o:!or 81::1ilding mateRs'S sWFlfiar-fis. i. Prodominant exterior bullEling materials €:hall include, but are not limitod to: a) StI::lCOO; b) Brick; c) Tinted, texturod, other than smooth or rib80d, concreto masonry units; or Page 66 of 156 €I) Stono, oxcluding ::m achlar or rubble conctruction look. ii. Predomin::mt exterior building m3terial that are prohibited include: 3) Pl3stio ciding, unless ascociated ·.vith Florida C;,,~~;~ G~~~ and utilizos trim with a minimum of sHHnche£ for itc longth; b) Corrugated or reflectivo motal p::mels; c) Tile; d) Smooth or rib faced concrote block; and 0) Appliod stono in an ashlar or rubblo look. iii. Automotive and other speci31 type sorvice buildings may utilize profabricatod mot31 buikHRgs under tho follmving condttieR&.- 3) Met31 buildings aro mora than 250 foet from ~my right of way, b) Mot31 buildings aro loc3tod diroctly bohind tho m3in showroom/s310c centor so 3£ not to bo 3 domin3nt facade 310ng tho street¡. c) No moro than 20 porcont of tho building C3n be boyond tho m:3in 3UtO s:3loc center :3nd showroom. i" " . Prodominant exterior color(s). :3) The use of black, gray, fluorae:cent, prim:3ry and/or second::!!)' colors is prohibited :3E: the prodomin::mt exterior building or roof color(E:). E:3rth tone colors 3re oncour:3ged. IJ. Building trim color(s). 0) 8uilding trim and accent aroas may featura any color(s), limited to ten percent of the affected facade segment, with :3 maximum trim height of 24 incheE: tot:31 for its shortest dict:mce. b) Noon or neon type tubing chall be permitted aE: provided for in section 5.06.03 of this Code. An approvod lighting pl3n concistent with tho provicione: of cection 5.06.0-1 of thiE: Code shall be providod. 6. SigAago. The provicions of thic section eholl oleo apply to commeroial buildings and projects with lees than 20,000 cqu3re feet of building ara3. 7. Nat/;/rll.' aAd maAmado bodios of W{lter (:nc.'udfAg reteRtion aroas oXC90d:ng 12 foot ,in v.<:dth). a. :he9 :hap9 of a manmcu;:le body of ·.\'Oter, inÐluding ·....et and dry retention r 0 ,shall be designed to appoar natural by having off sets in the edge alignment that arc a minimum of ten foet and spaood 50 foet apart. Natural and manmado bodiee of water, including wet and dry retontion aroaE:, oxceeding 20,000 cquarc foot in area, and ·:.rhich ora locatod adjaaent to a public right of way, sh:311 bo incorporate[d] into tho overall design of the project at least t'110 of the following itams (Gae Illustration 5.05.08 D.9 Ðolow): lIIue;tration 5.05.08 0.9. i. /\ minimum of five root ·.vide ·....alkway with trees an average of 50 feet on center and ehaded minimum of cix foot long benches or picnic tabloc e','ery 150 linear feet. Page 67 of 156 ii. ^ public access pier with coverod structure ::md £eating. iii. ~:Ia;zaloourtyard, 200 square feel minimum, wil~ ~~d ~~h~~ ;nd/or picnic t3blo£ adjacent to tho W3tor body. i\l Y. Pormanent fountain structure. E. Exceptions 3nd intorpret3tions. 1. =:::..:=~'::::r~~~V:~~~~r~ ~~i: ~:' :~~~~~::e;;~;7 wn E ~fi~~ì:;~~t C~~ excepliORC are necescary 10 ~~~ fa; ~':;V: :::~;'=', : :::~r; , f from one or mere ef I~ p~~:~:: :'::: :~: ~'~~~~;f ~ meel fha e~er?ii purpO&e and in~í~~ f~~~~in ~::;;-;::; e I ' I C mmerClal buddongs er prOjects, w~~ ~~ :~:~f:G :=':,¡":u~~~: abilily 10 meel Ihese slandards, var:~~r7~~ ,:e or t . 18 of this dlvlGlon m3Y be requestod pursu3nt t8 the procoduro£ sot forth in GOction 0.04.00 of this Code. 2. IntÐrprot3tions. During tho cour&e of roviaw of 3n SOP ~: ~~~, a5 ~~ ~:: :ay ::' ~~~; ::si~C;::: and slaff ba unoble 10 concur on Ihe opplrcotion ei a :::;.::':;; ':::: vlslens ef fhls dlvls,on, I~~.::~r;t! M~~~ ':: ~'~ ::~~u~i::d h\~ ~nad~~fai~':';i~~:~;;;~:~e¡d~~ ~~::r~~:':fer :::n := f~~;;; In:.; appllGant. The appllsant may appeal ~ ;;~,: of tho County Man3gor or his dm;lgnee to the board of zOning ap3e3ls, 3l;;1FSl;;IaAt to the proceduros sot forth in soction 10.02.02. SECTION 5.05.08. ARCHITECTURAL ANO SITE DESIGN STANDARDS A. Purpose and Intent. 1. The purpose of these standards is to supplement existinq development criteria in order to complement. enhance and enrich the urban fabric of Collier Countv with an abundant variety of Architecture. The development of a positive. proqressive and attractive community imaae and sense of place is vital to the economic health and vitalitv of Collier County. 2. Amonq the recurrinq details that are present in the architecture of Collier County include. but are not limited to, the followina: a. elements of Mediterranean desian emplovina sloped barrel tile roofs. arcades and stucco; b. Old Florida desiqn with wide verandas. metal roofs and lap sidina; c. Modern International: and d. various traditional historic references to Colonial. Bermuda and Island forms. 3. Buildinq desi~ contributes to the uniqueness of the proiect area and the Collier Count_ community with predominant materials. desian features, çolor ranqe and spatial relationships tailored specificallv to the site and its context. 4. While architectural embellishments are not discouraqed. emphasis on scale. massinq. form-function relationships. and relationship of the buildinq or buildinas to the site and surroundina context is stronalv encouraaed. Recoqnition of the environment and climate present in Collier County must be evident in the architecture. Gratuitous decoration applied to the buildinq is stronalv discouraqed. Page 68 of 156 5. These standards and auidelines are intended to result in a comprehensive plan for buildina desiqn and site development consistent with the aoals, ~olicies and obiectives of the Collier County Growth Manaaement Plan ('GMpH) and the purpose and intent of the Land Oevelopment Code ("LOCH). These reaulations are intended to promote the use of crime ~revention throuah site desian principals, includina visibilitv-site lines for law enforcement as well as the aeneral public. 6. To maintain and enhance the attractiveness of the streetscape and the existinq architectural desiqn of the community. all buildinas must have architectural features and patterns that provide visual interest from the perspective of the pedestrian. reduce buildina mass. recoanize local character, and respond to site conditions. Facades must be desianed to reduce the masslscale and uniform monolithic appearance of lame unadorned walls. Facades must provide. throuah the use of detail and scale. visual interest that is consistent with the communitv's identity and character. Articulation is accomplished bv varyinq the buildina's mass, in heiaht and width, so that it appears to be divided into distinct elements and details. B. Applicabilitv. The provisions of section 5.05.08 applv: 1. To all new buildinqs and proiects submitted on or after November 10. 2004 in the zoninq districts set out below. At the applicant's request. projects submitted between November 10. 2004 and Januarv 2, 2005 may be reviewed for compliance with the reauirements of section 5.05.08 as they were set forth in the LOC before November 10, 2004. a. Commercial zoninq districts. b. Non-residential PUD districts. and non-residential components of any PUD district. c. Business park districts. 2. To non-residential buildinas and proiects submitted on or after November 10, 2004 in any zonina district. but onlv when the followina conditions exist: a. The project site is located on an arterial or collector road, as described bv the Traffic Circulation Element of the GMP. or !h A proposed buildina's footprint would be located within 300 feet of the boundary of a residentiallv zoned district. 3. To all renovations and redevelopment. includina applicable additions of a buildina or site. as follows, except that "renovation" is not intended to applv to routine repairs and maintenance of an existina buildina: ª'- Anv addition or renovation of an existina buildina or proiect includina vehicular use area (i.e. - approved for use and occupancv as of November 10. 2004) that will result in a chanae to the exterior of the buildina or site such that in the case of: i. A buildina facade renovation where such addition. renovation. or redevelopment exceeds 50 percent of the wall area of an existina facade. that entire facade must complv with the standards of Section 5.05.08. ii. An addition or renovation to. or redevelopment of. an existinQ buildina or proiect. where the cost of such addition. renovation. or redevelopment exceeds 50 percent of the assessed value of the existina structure(s). or would exceed 25 percent of the sauare footaQe of the aross area of the existina structures. the existinQ buildinQ(s) and the site improvements must conform with the standards of Section 5.05.08. Page 69 of 156 iii. Upon repaintinq an existinq buildinq. the colors to be applied must complv with Section 5.05.08 0.13. Materials and colors. 4. Abandonment or discontinuance of use. a. Buildinqs or projects that are abandoned (i.e. - their existinq use ceases) are subject to this Section notwithstandinq Section 9.03.02 L i. Where the use of a structure. buildinq or proiect ceases for any reason, except where qovernment action impedes access to the premises, for a period in excess of one year, the provisions of Section 5.05.08 apply before re-occupancy. Compliance with this Section may require structural alterations. ii. The site desiqn standards of this Section apply where the use of a structure ceases for any reason. except where qovernmental action impedes access to the premises for a period of more than 180 consecutive days. C. Buildinq desiqn standards. 1. Buildinq Facades. All facades of a buildinq must be desiqned with consistent architectural style, detail and trim features. a. In case of buildinqs located on outparcels. and freestandinq buildinqs within a unified plan of development. all exterior facades shall adhere to the requirements of this Section with respect to architectural desiqn treatments for primary facades. (See Section 5.05.08 C.9. Outparcels and freestandinQ buildinQs within PUD and common ownership developments for additional desiqn standards). b. Buildinqs or projects located at the intersection of two or more arterial or collector roads shall include desiqn features. such as corner towers. corner entrances, or other such features, to emphasize their location as qateways and transition points within the community. 2. Primary facade standards. a. Buildina entrance. Buildinqs located alonq a public or private street must be desiqned with the main entrance clearly defined, and with convenient access from both parkinq and the street. b. Ground floor. Primary facades on the qround floor must have features alonq a minimum of 50 percent of their horizontal lenqth: These features include. but are not limited to: arcades; displav windows; entry areas: or other similar desiqn elements. c. Desian features. The desiqn of primary facades must include, at a minimum. two of the followinq desiqn features: i. Glazinq coverinQ a minimum of 30 percent of the primary facade area. consistinq of window and qlazed door openinqs. ii. Proiected or recessed covered public entry providinq a minimum horizontal dimension of eiqht feet and a minimum area of 100 square feet. In addition, a minimum of 20 percent of the primary façade area must be devoted to windows and qlazed door openinqs. iii. Covered walkway. or arcade (excludinq canvas type) constructed with columns at least 12 inches wide, attached to the buildinq, or located no more than 12 feet from the buildinq. The structure must be permanent and its desiqn must relate to the principal structure. The minimum width must be eiqht feet. with a total lenqth measurinq 60 percent of the lenqth of the associated facade. Page 70 of 156 iv. Porte-cochere with a minimum horizontal dimension of 18 feet. In addition. a minimum of 20 percent of the primary facade area must be devoted to windows and qlazed door openinqs. v. A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 20 percent of the primary facade area must be devoted to windows and qlazed door openinqs. 3. Facade/wall heiqht transition elements. a. Pumose. The intent of this section is to ensure that the proposed buildinqs relate in mass and scale to the immediate streetscape and the adiacent built environment. b. Apolicabilitv. Transitional massinq elements must be provided on proposed buildinqs that are twice the heiqht or more of any existinq buildinq within 150 feet. as measured from the edqe of the proposed buildinq. c. Desian standards. i. Transitional massinq elements can be no more than 100 percent taller than the averaqe heiqht of the adjacent buildinqs. but no more than 30 feet, and no less than ten feet above the existinq qrade. ii. Transitional massinq elements must be incorporated for a minimum of 60% of the lenqth of the facade, which is in part or whole within the 150 feet of an existinq buildinq. iii. Transitional massinq elements include. but are not limited to. wall plane chanqes. roofs. canopies. colonnades. balconies, other similar architectural features, with the minimum depth for projections and recesses relative to the buildinq size. and must meet the followinq requirements: a) For buildinqs 40.000 square feet or lamer in qross buildinq area, projections and recesses must have a minimum depth of ten feet. b) For buildinqs between 20.000 and 39.999 square feet in qross buildinq area. projections and recesses must have a minimum depth of eiqht feet. c) For buildinqs between 10.000 and 19.999 square feet in qross buildinq area. projections and recesses must have a minimum depth of six feet. d) For buildinqs UP to 9.999 square feet in qross buildinq area. projections and recesses must have a minimum depth of four feet. 4. Variation in massinq. A sinqle. larqe. dominant buildinq mass must be avoided. Chanqes in mass must be related to entrances. the inteqral structure and the orqanization of interior spaces and activities. and not merelv for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraqed. All facades. excludinq courtyard area. shall be desiqned to employ the desiqn treatments listed below. a. Proiections and recesses. i. For buildinQs 40.000 square feet or larQer in cross buildinq area. a maximum lencth. or uninterrupted curve of anv facade. at any point. must be 150 linear feet. Proiections and recesses must have a minimum depth of ten feet within 150 linear feet limitation. Page 71 of 156 ii. For buildinas between 20.000 and 39.999 square feet in Qross buildinQ area. a maximum lenQth. or uninterrupted curve of any facade, at any point. must be 125 linear feet. Proiections and recesses must have a minimum depth of eiQht feet within 125 linear feet limitation. iii. For buildinQs between 10,000 and 19.999 square feet in aross buildinQ area. a maximum lenath, or uninterrupted curve of any facade. at any point. must be 100 linear feet. Projections and recesses must have a minimum depth of six feet within 100 linear feet limitation. iv. For buildinQs between 5.000 and 9.999 square feet in aross buildina area. a maximum lenQth, or uninterrupted curve of any facade, at any point. must be 75 linear feet. Projections and recesses must have a minimum depth of four feet within 75 linear feet limitation. v. For buildinQs less than 5.000 square feet in aross buildinQ area. a maximum lenath, or uninterrupted curve of any facade. at any point. must be 50 linear feet. Projections and recesses must have a minimum depth of three feet. and a minimum total width of 20 percent of the facade lenath. ";, Illustration 5.05.08 CA.a. - 1 b. Wall DIane chanaes. i. For buildinas exceedina 5.000 sauare feet in aross buildina area. anv facade with horizontal lenath exceedino 50 linear feet must incorcorate wall plane proiections or recesses havina depth of at least three feet. with a sinale wall plane limited to no more than 60 percent of each affected facade. ii. If a buildino 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 chanaes. Page 72 of 156 Illustration 5.05.08 C.4.b. - 1 5. Proiect Standards. a. An applicant must submit architectural drawinqs and a site development plan or site improvement plan accordinQ to Section 10.02.03 Site Development Plans of this Code to comply with this Section 5.05.08. This includes: floor plan(s) of each proposed buildinQ, all elevations of each proposed buildinQ at a minimum of 1/8" scale. a color renderinQ or elevation. color paint chips, and roof color paint chip(s) or sample. b. Architectural drawinQs must be siQned and sealed by the licensed Architect who is responsible for preparinQ the drawinQs, and who is reQistered in the state of Florida as set forth in Chapter 481, of the Florida Statutes. c. Buildina de sian treatments. Each buildinQ must have at least four of the followinq buildinQ desiQn treatments: i. Canopies. porticos. or porte-cocheres. inteQrated with the buildinQ's massinQ and stvle, ii. OverhanQs. minimum of three feet. iii. Colonnades or arcades. a minimum of eiQht feet clear in width. iv. Sculptured artwork. v. Cornice minimum two feet hiQh with 12 inch proiection, vi. Peaked or curved roof forms. vii. Arches with a minimum 12-inch recess depth. viii. Display windows. Page 73 of 156 ix. Ornamental and structural architectural details. other than çornices. which are inteqrated into the buildina structure and overall desian. x. Clock or bell tower. or other such roof treatment (i.e. dormers, belvederes. and cupolas), xi. Proiected and covered entry. with minimum dimension of eiqht feet and the minimum area of 100 square feet. xii. Emphasized buildina base. minimum of three feet hiah. with a minimum proiection from the wall of two inches, xiii. Additional roof articulation above the minimum standards, xiv. Curved walls, xv. Columns. xvi. Pilasters. or xvii. Metal or tile roof material. xviii. Expressed or exposed structural elements. xix. Additional qlazina at a minimum of 15% beyond the code minimum requirement. xx. Solar shadinQ devises (excludinQ awninas) that cover a minimum of 50% of the buildina facade. xxi. Translucent QlazinQ at a minimum of 15% bevond the code minimum Qlazina requirement. xxii. Glass block at a minimum of 15% beyond the code minimum glazinQ requirement. d. Site desiQn elements. All proiects must have at a minimum two of the followina: i. Oecorative landscape planters or plantina areas. a minimum of five feet wide, and areas for shaded seatinQ consistina of a minimum of 100 square feet; ii. InteQration of specialty pavers. or stamped concrete alonQ the buildinQ perimeter walkway. This treatment must constitute a minimum of 60 percent of walkway area; iii. Two accent or specimen trees. above the minimum landscape code requirements. for every 100 feet of the front facade and a minimum of two for the rest of the proiect with a minimum heiQht of 18 feet at plantina; or iv. 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 alazinQ required for primary facade. 7. Overhead doors. a. ReQuired screeninQ. Overhead doors must not be located on the primary facades. unless sufficient screeninQ is proposed. Sufficient screeninQ is defined as a screeninQ wall. with a minimum heiaht of 90 percent of the overhead door heiQht. or a landscape buffer achievina 75 percent opacity within one year. The placement and the lenath of Page 74 of 156 these screeninq devices must block the view of the overhead doors from the street. b. Doors facina one another. Overhead doors facinq one another may be treated as interior space. provided that: i. the buildinqs meet all other requirements of Section 5.05.08. of this code. ii. the distance between the doors facinq one another is no creater than 50 feet: and iii. the view of the overhead doors is properlY screened from the street. 8. Detail features. a. The desicn elements in the followinq standards must be an intecral part of the buildinq's desicn and intecrated into the overall architectural stvle. These elements must not consist solely of applied qraphics 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 120 square 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-Y:z inch and may be of a color that contrasts with the color of the wall. 9. Outparcels and freestandinq buildinqs within a PUD and common ownership developments. a. Puroose and intent. To provide unified architectural desicn and site planninc for all on-site structures. and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. Primary facades. All exterior facades of freestandinq structures. includinc structures located on outparcels. are considered primary facades. and must meet the requirements of this Section with respect to the architectural desiqn treatment for primary facades - Section 5.05.08 C.2. Primary facade standards. c. Oesian standards. The desiqn for freestandinq buildinqs must employ architectural. site and landscapinq desicn elements inteqrated with. and common to those used on the primary structure and its site. These common desiqn elements must include colors. buildinc materials. and landscapinc associated with the main structure. All freestandinc buildincs must provide for vehicular and pedestrian inter- connection between adiacent outparcels or freestandinc sites and the primary structure. d. Primary facade standards. The followinc desicn features are in addition to the list of requirement options to meet Section 5.05.08 C.2. Primary facade standards: i. Walls expandinc the desicn features of the buildinc. not less than 7 feet hich. creatinc a courtvard not less than 12 feet from the buildinc and lencth of no less than 60% of the lencth of the associated facade. The courtyard may be cated and able to be secured from exterior public access. Grilled openinqs are allowed if courtyard is landscaped. Openinq depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility equipment. the heicht and desicn must prevent view from the exterior. Courtyard walls are not to be considered fences. Page 75 of 156 ii. Trellis or latticework used as a support for climbinq plants may count as window area equal to the plant coveraqe area. 10. Roof treatments. a. Purpose and intent. Variations in rooflines are used to add interest and reduce massinq of larqe buildinqs. Roof heiqht and features must be in scale with the buildinq's mass, and shall complement the character of surroundinq buildinqs and neiqhborhoods. Roofinq materials must be constructed of durable. hiqh-qualitv material in order to enhance the appearance and attractiveness of the communitv. The followinq standards identifv appropriate roof treatments and features. b. Roof edoe and parapet treatment. i. For buildinqs larqer then 5,000 square feet in qross buildinq area a minimum of two roof-edqe or parapet line chanqes are required. Each vertical chanqe from the dominant roof condition must be a minimum of ten percent of buildinq heiqht. but no less than three feet. At least one such chanqe must be located on a primary facade. One additional roof chanqe must be provided for every 100 linear feet of the facade lenqth. ii. Roofs, other than mansard roofs. with the slope ratio of 3: 12 or hiqher are exempt from the above requirements for vertical chanqe for the facades that are less than 200 feet. One roof edqe. or parapet line chanqe must be provided for every 200 linear feet of the facade lenqth. C. Roof Desion standards. Roofs must meet the followinq requirements: i. When parapets are used. the averaqe heiqht of such parapets must not exceed 15 percent of the heiqht of the supportinq wall. with exception of the parapets used to screen mechanical equipment. Parapets used to screen mechanical equipment must be no less than the maximum heiqht of the equipment. The heiqht of parapets shall not. at any point. exceed one-third the heiqht of the supportinq wall. ii. When a flat roof is screened with a parapet wall or mansard roof at any facade, a parapet or mansard roof treatment must extend alonq the remaininq facades. iii. When sloped roofs are used, the massinq and heiqht must be in proportion with the heiqht of its supportinq walls. Sloped roofs must meet the followinq requirements: a) Sloped roofs that are hiqher than its supportinq walls must feature elements that create articulation and reduce the massinq of the roof. This includes: clearstory windows. cupolas. dormers. vertical chanqes. 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 tVDes and materials. The followina roof types and roof materials are prohibited: i. Asphalt shinales. except laminated. 320-pound. 30-vear architectural arade asphalt shinales or better. ii. Mansard roofs and canopies. unless they meet the followinq standards: a) Minimum vertical distance of 8 feet is required for buildinqs laraer than 20,000 square feet. Page 76 of 156 b) Minimum vertical distance of 6 feet is required for buildinQs of UP to 20.000 square feet of qross floor area, and c) The roof anQle shall not be less than 25 deQrees. and not greater than 70 deQrees. iii. AwninQs used as a mansard or canopy roofs. 11. Awninq standards. These standards applv to those awninqs associated with and attached to a buildinQ or structure. a. Mansard awninas, which are those awninqs that span 90 percent. or more, of a facade lenqth and those, which do not provide a connection between facades, must adhere to all roof standards of Section 5.05.08. C.10. of this Code. b. All other awninas. which are awninqs that constitute less than 90 percent of a facade lenQth. and those that do not provide a connection between facades. must adhere to the followinQ standards: i. The portion of the awninQ with qraphics may be backlit. provided the illuminated portion of the awninQ with Qraphics does not exceed size limitations and the other siQn standards of Sections 5.06.00. 9.03.00. 9.04.00 and 10.02.06 Sians of this Code. ii. The location of awninQs must relate to the window and door openinQs. c. Automobile sales parkina lot awninas. Shade awninQs may be erected in automobile sales parkinQ lots subject to the followinQ requirements and standards: i. Shade awninQ structures must not be constructed within 75 feet of anv public or private street. ii. SinQle shade awninQ structures must not exceed an area sufficient to provide cover to 20 automobiles or 3,240 square feet. whichever is Qreater. iii. The minimum separation between shade awninQ structures must be 100 feet. iv. Multi-colored shade awninqs and the use of black or aray. florescent. primary and/or secondary colors are prohibited. Earth tone colors are encouraQed. 12. Entryway/customer entrance treatment. a. Purpose and intent. Entrvway desiqn elements are intended to Qive protection from the sun and adverse weather conditions. These elements must be inteQrated into a comprehensive desiQn style for the proiect. b. Sinale-tenant buildinas and developments. SinQle-tenant buildinas shall have clearly defined. hiahly visible. customer entrances. The customer entrance shall meet the followina standards: i. 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 followina: a) Benches or other seatina components. b) Decorative landscape planters or wina walls which incorporate landscaped areas. and Page 77 of 156 c) Structural or veqetative shadinQ. ii. Front entry must be set back from a drive or a parkinq area bv a minimum distance of 15 feet. c. Multiple-tenant buildinGs and developments. Multiple-tenant buildinQs and developments must meet the followinQ standards: i. Anchor tenants must provide clearlv defined, hiqhlv visible customer entrances. ii. Shaded outdoor communitv space must be provided at a minimum ratio of one percent of the total Qross floor area of all on-site buildinQs. The community space shall be located off. or adjacent to. the main circulation path of the complex and must incorporate benches or other seatinq components. and iii. Front entries shall be setback from a drive or a parkinQ area bv a minimum of 15 feet. 13. Materials and colors. a. Purpose and intent. Exterior buildinq colors and materials contribute significantlv to the visual impact of buildinQs on the community. The colors and materials must be well desiQned and inteQrated into a comprehensive desiqn style for the project. b. Exterior buildinG colors. The use of solid black. Qrav. florescent. primary or secondary colored materials or finish paint is limited to no more than ten percent of a facade or the total roof area. except that naturallv occurrinq materials are permissible, such as marble. Qranite, and slate and the followinq man-made materials: silver unpainted metal roofs. c. Exterior buildinG materials. The followinQ buildinq finish materials are limited to no more than 33 percent of the facade area: i. CorruQated. or reflective metal panels. and ii. Smooth concrete block. d. NeQn tubinG. The use of neon or neon tvpe tubinq is prohibited on the exterior and the roof of a buildinQ. D. DesiQn Standards for specific buildinq uses. 1. Standardized desiqn buildinqs must meet the provisions of this code. 2. Self-storaQe buildinQs. Self-storaqe buildinQs are subiect to all of the applicable provisions of this section with the followinQ exceptions and additions: a. Overhead doors. Overhead doors cannot be located on the primary facade of self-storaQe buildinQs. b. Screen walls. When a wall is proDosed to screen the facilitv. it must be constructed of material similar and complementarv to the primary buildinq material and architecture. LonQ expanse of wall surface shall be broken into sections no 10nQer than 50 feet. and desiQned to avoid monotony bv use of architectural elements such as Dillars. c. Window standards. Windows must not be false or applied. If the window oDeninQs are into the storaQe area. translucent material must be used. Page 78 of 156 d. Sino/e-storv self-storaoe buildinos. Section 5.05. DB C.2. Primary facade standards can be replaced with the followinQ two options: i. Option 1. a) A minimum of 20 percent of the primary facade area must be glazed: and b) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eiQht feet. or a covered walkway at least six feet wide with a totallenQth measurinq no less than 60 percent of the lenQth of the facade. ii. Option 2. If the proiect desiQn incorporates a screen wall around the perimeter of the self-storaQe facilitv, the followinq standards illlli!Y;. , a) Architecturallv treated, eiqht-foot hiQh, screen wall is required to screen the facility, b) The roof slope for the buildinQs is a minimum of 4: 12 ratio for double slopes, and 3: 12 ratio for sinQle slope, and c) A landscape buffer at least 7 feet wide is required on each side of the wall. iii. In the case that none of the above options are met. then Section 5.05.08 C.2. Primary facades standards must be met. e. Multi-story self-storaoe buildinQs. The requirements of Section 5.05.0B C.2. Primary facade standards can be replaced with the followinq standards: i. Option 1. a) A minimum of 20 percent of the primary facade area must be qlazed: and b) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eiQht feet. or a covered walkway at least six feet wide with a totallenQth measurinq no less than 60 percent of the lenQth of the facade. c) Requirements of Section 5.05.0B C.B.b. Blank wall area apply to all facades. and d) Foundation plantinq areas must be a minimum 15 percent of the Qround level buildinQ area. ii. Option 2. If proiect desiQn incorporates a screen wall around the perimeter of the self-storaqe facility. The followinQ standards ~ a) Architecturallv treated. eiqht feet hiQh screen wall is required to screen the Qround floor of the facility. b) Landscape buffer. minimum 7 feet wide is required on each side of the wall, c) Primary facades above the Qround level must include qlazinQ, coverinQ at a minimum 20 percent of the facade area. d) Requirements of Section 5. 05. DB C.B.b. Blank wall area applies to all facades. and e) Foundation plantinq areas must be a minimum 15 percent of the Qround level buildinq area. Page 79 of 156 iii. In the case that none of the above options are met. then Section 5.05.08 C.2. Primary facades standards must be met. 3. Mercantile. a. Applicability. All standards listed in Section 5.05.08. are applicable with the followinq exceptions and additions. b. Laroe Retail Structures. The purpose of this section is to break UP the monolithic appearance of lame retail structures and present a more human scale of architecture to the public rioht of wav view. Because these buildinos house a variety of functions that can accommodate in a variety of spatial types. they must be desiqned to express these functions in a manner that has the appearance of a oroup of buildinos of varvinq scale and size. c. All areas with the buildinq that can be accommodated within a space with a ceilino heiqht of 16 feet or less must be desioned and built within a sinole stOry envelope or a multiple of envelopes. These buildinq envelopes must have a maximum eave heiqht of 16 feet and must be expressed as sinole story elements in the architectural form of the buildinq alono the buildinq edoe or edqes that front the public rioht of way. These areas must include, but are not limited to: i. The manaoement and business office. ii. Check out area. iii. Rest rooms. iv. Customer service area. v. Food service areas. d. Windows and entrances. When more than two retailers with separate exterior customer entrances are located within the principal buildino, the followino standards applv: i. The first floor of the primary facades must utilize transparent windows and doors for no less than 30 percent of the horizontal lenqth of the buildino facade. ii. Primary buildinq entrances must be clearlv defined and connected with a shelterino element such us a roof canopy or arcade. 4. Automobile service stations a. Applicability. In addition to the requirements of Section 5.05.05 Automobile service stations, all standards are applicable with the followino additional requirements: i. Canopy columns must be at least 18 inches wide. ii. Under-canopy liqhts must be fullv recessed. Hi. Canopies must not be hioher than 16 feet clear. 5. Hotel/motel. a. Applicability. All standards of Section 5.05.08. are applicable with the followino exceptions. b. Desian features. Section 5.05.08 C.2. Primary facade standards- Desian features can be replaced as follows: i. The desion of the primary facades must include windows and other glazed openinos coverino at least 20 percent of the primary facade area. and one of the followino desiqn features: Page 80 of 156 a) Proiected. or recessed. covered public entry providinQ a minimum horizontal dimension of eiqht feet. and a minimum area of 100 square feet, or b) Covered walkway or arcade (excludinQ canvas type) constructed with columns at least 12 inches wide, that is attached to the buildinq, or located no more than 12 feet from the buildinq. The structure must be permanent and its desiqn must relate to the principal structure. The minimum width shall be eiqht feet. with a total lenqth measurinQ 60 percent of the lenQth of the associated facade. ii. For buildinQs located 200 feet or more from the street riqht-of- way. the proiected or recessed entry and covered walkway or arcade. required bv the above Section 5.05.08 D.5.b.i." can be located on any facade. 6. Warehousinq/distribution. a. Applicabilitv. All standards listed in Section 5.05.08. are applicable except for the followinq: b. Primary Facade Standards. The requirements of Section 5.05.08 C.2. Primary facade standards are replaced with the followinq standards. Facades frontinq on arterial or collector streets must have two or more of the followinQ desiqn features: i. Windows at a minimum of ten percent of the facade area. ii. Proiected or recessed covered public entry providinq a minimum of eiqht feet bv eiQht feet cover. iii. Foundation plantinQ consistinq of trees and shrubs. The total lenQth of the plantinq area must be a minimum of 25 percent of the facade lenQth and be distributed alonQ the facade to reduce the blank wall area. The depth of the plantina area must be a minimum of ten feet. The plant material shall be as required bv Section 4.06.05 of this Code. iv. Masonry. concrete or tilt-up construction. v. BuildinQ heiQht of 40 feet or less and the buildina street setback of 200 feet or more. c. Variation in Massina. The requirements of Section 5.05.08, CA. Variation in massina applies onlv to primary facades and to facades facinQ residential districts. d. Buildina desian treatments. The requirements of Section 5.05.08 C.5.c. Buildina desian treatments are modified as follows: i. Primary facades must include a minimum of two of the buildinq desiQn treatments listed under this section. e. Site desian elements. The requirements of Section 5.05.08 C.5.d. Site desian elements are modified to require. at a minimum. one of the four listed site desian elements. f. Detail Features. The requirements of Section 5.05.08 C.8. Detail features are replaced with the followinq standards: i. Blank wall areas. Blank. opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade or any facade facina 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 Page 81 of 156 spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of 1/2 inch and may be different than the color of the wall. g. Roof treatments. The requirements of Section 5.05.08 C.10. Roof treatments are replaced with the followinq standards: i. If parapets are used, the end of the parapet must wrap corners for a minimum distance of 25 percent of the lenqth of the facade, measured from the corner. ii. The facades facinq arterial or collector road and facades facinq residential district must have variations from the dominant roof condition. The roof edqe and parapets must have a minimum of one vertical chanqe for every 150 lineal feet of the facade lenqth. The vertical chanqe must be a minimum of ten percent of the buildinq heiqht. but no less than three feet. iii. All rooftop-mounted equipment includinq air conditioninq units, vents. etc.. must be shielded from view with parapets. louver screens. or similar equipment screens. h. Materials and Colors. The requirements of Section 5.05.08 C.13. Materials and colors are applicable with exception of Subsection 5.05.08 C.13.c. Exterior buildina materials, which is replaced with the followinq standards: i. Primary facades. The use of ribbed, corruqated. and reflective metal panels is limited to a maximum of 33 percent of the facade ~ ii. Facades attached to a primary facade. The use of ribbed, corruqated, and reflective metal panels is limited to no more then 33 percent of the wall area for the 25 percent of the overall wall lenqth of the facades attached to a primary facade, measured from the corners. i. Special Heiaht Reauirements. All buildinqs over 30 feet in heiqht. measured from the first finished floor to the roof eave. that are located within 300 feet from the arterial or collector street riqht-of- wav. must complv with Section 5.05.08 CA. Variation in Massina. and Section 5.05.08 C.8. Detail features are applicable to all buildinq facades. 7. Industrial/factory buildinqs. a. Applicability. All standards listed in Section 5.05.08. are applicable with the followinq exceptions. b. Buildina Facades. i. Primary Facade Standards. The requirements of Section 5.05.08 C.2. Primary facade standards are replaced with the followinq standards. Facades frontinq on arterial or collector streets must have two or more of the followinq desiqn features: a) Windows at a minimum of 25 percent of the facade area. b) Proiected or recessed covered public entry providinq a minimum of eiqht feet by eiqht feet cover. and a minimum of 15 percent of the wall area devoted to windows. c) The total lenQth of the plantinc area must be at least 33 percent of the facade lenQth and be distributed alonc the facade to reduce the blank wall area. The depth of the plantinc area must be a minimum of ten feet. The plant material must be as reQuired bY Section 4.06.05. Page 82 of 156 d) Masonry. concrete or tilt-uP construction. and 15 percent of the wall area allocated to windows. e) Buildinq heiqht of 40 feet or less. with a buildinq street setback of 200 feet or more. ii. Variation in Massinq. The requirements of Section 5.05.08 CA. Variation in massinq applies only to the primary facades and to facades facinq residential districts. iii. Proiect Standards. a) The requirements of Section 5.05.08 C.5.c. Buildina desian treatments are modified to require industrial/factory buildinqs to provide. at the primary facades only. a minimum of two of the 17 buildinq desiqn treatments listed under this sedion. b) The requirements of Section 5.05.08 C.5.d. Site desiqn elements are modified to require at least one of the four listed site desiqn elements. c. Detail Features. The requirements of Section 5.05.08 C.8. Detail features are replaced with the followinq standards: i. Blank. opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade and anv facade facinq a residential district. ii. 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. iii. Control and expansion joints within the facade 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 1/2 inch and may be different than the color of the wall. d. Roof treatments. The requirements of Section 5.05.08 C.10. Roof treatments are replaced with the followinq standards: i. If parapets are used. the end of the parapet must wrap corners for a minimum distance of 25 percent of the lenqth of the facade, measured from the corner. ii. Facades facinq arterial or collector roads and facades facinq residential districts must have vertical chanqes from the dominant roof condition. The roof edqe and parapets must have a minimum of one vertical chanqe for every 150 lineal feet of the facade lenqth. The vertical chanqe shall be a minimum of ten percent of the buildinq heiqht. but no less than three feet. Hi. All rooftop-mounted equipment includinq air conditioninq units. vents. etc.. must be shielded from view with parapets. louver screens. or similar equipment screens. e. Materials and Colors. The requirements of Section 5.05.08 C.13. Materials and colors are applicable with exception of Subsection 5.05.08 C. 13. c. Exterior buildina materials. which is replaced with the followinq standard: i. Primary facades. The use of ribbed. corruqated. and reflective metal panels is limited to a maximum of 33 percent of the facade ~ ii. Facades attached to a Drimary facade. For 25 percent of the overall wall lenqth of facades attached to a primary facade. measured from the corners. the use of ribbed. corruqated. and Page 83 of 156 reflective metal panels is limited to no more then 33 percent of the wall area. f. Special Heiaht Reauirements. All buildinas over 30 feet in heiqht measured from the first finished floor to the roof eave that are located within 300 feet from the arterial or collector street riaht-of-way must meet the Section 5.05.0B CA. Variation in Massina. and Section 5.05.0B C.B. Detail features are applicable to all buildina facades. 8. Parkina structures. All standards listed in Section 5.05.08. are applicable unless otherwise specified below. a. Primary facades. The reauirements of Section 5.05.0B C.2.Primarv facade standards are replaced with the followina standards: i. All exposed facades of any parkinq structure above the second floor are considered primary facades. ii. A minimum of 60 percent of the area of any primary facade of a parkinq structure or covered parkinq facilitv must incorporate at least two of the followinq: a) Transparent windows. with clear or liahtly tinted qlass, where pedestrian oriented businesses are located alonq the facade of the parkinq structure. b) Display windows. c) Decorative arill work or similar detailinq which provides texture and screens the parkina structure openinas, d) Art or architectural treatment such as sculpture. mosaic. qlass block. opaaue art qlass. relief work or similar features. or e) Vertical trellis or plant material screenina the openinas. b. Buildina foundation p/antina. The perimeter of a parkinq structure at qrade must meet the buildinq foundation plantina reauirements of Section 4.06.05. of this Code. c. Massina standards. The reauirements of Section 5.05. DB CA. Variation in massina are applicable, with the followinq exception: i. If the ramps and inclines are on an exposed facade and they exceed the maximum lenath or uninterrupted curve. a proiection or recess must occur at the start and end but not reauired at the ramp/incline. d. Wall Plan Chanaes. The reauirements of Section 5. 05. DB CA.b. are applicable with the followina exception: i. If the ramps and inclines are on an exposed facade and they exceed the maximum horizontal lenath. a wall plane proiection or recess must occur at the start and end but not reauired at the ramp/incline. e. Detail features. The facade area within 42 inches above each floor/deck shall not be open more than 50 percent. except at openinqs for vehicle or pedestrian access. 9. Outside plav structures. a. Maximum coveraae. Outside plav structures must not cover more than 50 percent of the facade area. b. Location. No portion of anv plav structure. located between the front buildina line and anv adiacent riqht-of-wav. may exceed a heiqht of 12 feet as measured from existinq qround elevation. In all other cases. Page 84 of 156 no portion of any plav structure may exceed a maximum heiaht of 16 feet as measured from existinQ around elevation. c. Colors. Plav structures must be limited to earth tone colors. with a maximum of three colors. E. Site OesiQn Standards. Compliance with the standards set forth in this section must be demonstrated bv submittal of architectural drawinas and a site development plan in accordance with Section 10.02.03 Site Development Plans of this Code. 1. Off street parkinQ desiQn. As provided for in Section 4.05.00. and subiect to the followinQ provisions: a. Purpose and intent. Commercial buildinQs and proiects. includina their outparcels shall be desianed to provide safe. convenient. and efficient access for pedestrians and vehicles. Parkina shall be desiQned in a consistent and coordinated manner for the entire site. The parkina area shall be intearated and desiQned so as to enhance the visual appearance of the community. b. Desian standards. Parkina. utilizinQ the same deQree of anale. shall be developed throuahout the site to provide efficient and safe traffic and pedestrian circulation. A sinale bay of parkinQ provided alonQ the perimeter of the site may vary in desian in order to maximize the number of spaces provided on-site. The mixture of one-way and two- wav parkinQ aisles. or different dearees of anQled parkina within any parkinQ area is prohibited. except as noted above. or where individual parkina areas are phvsicallv separated from one another bv a continuous landscape buffer. a minimum five feet in width with limited access. Landscape buffers for these locations shall use landscape material other than arass for separation of parkinQ areas. i. Maximum parkina: ParkinQ in excess bv 20 percent of the minimum parkinQ requirements shall provide additional landscapina as described in section 4.05.04 of this Code. ii. Parkina for proiects. Proiects shall be desiQned to adhere to the followina standards: a) Interior lots. No more than 50 percent of the off-street parkina for the entire commercial buildinQ or proiect shall be located between any primary facade of the commercial buildina or project and the abuttina street or naviaable waterway. b) Corner lots. No more than 80 percent of the off-street parkina for the entire commercial buildina or proiect shall be located between any primary facade of the commercial buildina or proiect and the abuttinQ street or naviaable waterway area. with no sinQle side to contain more than 65 percent of the required parkina. 2. Pedestrian pathways. a. Purpose and intent. To provide safe opportunities for alternative modes of transportation bv connectina with existina and future pedestrian and bicvcle pathways within the county and to provide safe passaae from the public riaht-of-wav to the buildinQ or proiect which includes the area between the parkina areas and the buildinQ perimeter walk. and between alternative modes of transportation. The on-site pedestrian svstem must provide adequate directness. continuity. street and drive aisle crossinas. visible interest and securitv as defined bv the standards in this Section. b. Pedestrian access standards. Pathways and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic while travelina from the parkinQ space to buildinQ entries and from buildina Page 85 of 156 entries to outparcels and pathways alonq adiacent roadways. Pedestrians will on Iv share pavement with vehicular traffic in marked crosswalks. c. Minimum ratios. Pedestrian pathway connections must be provided from the buildina to adjacent road pathways at a ratio of one for each vehicular entrance to a project. Drive aisles leadinq to main entrances must have at least a walkwav 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 (AOA), Accessibilitv Guidelines. Materials may include specialtv, pavers, concrete, colored concrete, or stamped pattern concrete. f. BuildinQ perimeter path. A minimum 6-feet wide buildina perimeter path is required as specified below: i. A continuous buildina perimeter path interconnectinq all entrances and exits of a buildina is required. Emeraencv "exits-on Iv" are excluded. ii. If parkinq area is proposed alonq the buildinq facade within 15 feet from a buildina wall, a buildinq perimeter path must be provided alona the full lenqth of the row of parkina spaces facina the buildina. Q. Pedestrian crosswalks. Standard crosswalks must be installed at stop- controlled-crossinqs. Uncontrolled crossinqs must be hiah visibilitv lonaitudinal lines as shown in the Florida Department of Transportation Roadwav and Traffic Desiqn Standards. h. Shade and site amenities. i. Pedestrian pathways must provide intermittent shaded areas when the walkwav exceeds 50 linear feet in ¡enqth at a minimum ratio of one shade canopy tree per every 50 linear feet of walkwav. The required shade trees must be located no more than ten feet from edqe of the sidewalk. ii. Development plans must include site amenities that enhance safety and convenience and promote walkina or bicvclina as an alternative means of transportation. Site amenities mav include bike racks (as required bv Section 4.05.08 ofthis Code), drinkina fountains, canopies and benches. 3. Service function areas and facilities. Service function areas include. but are not limited to: loadinq areas and docks. outdoor storaae. vehicle storaqe excludinq car displav areas. trash collection areas. trash compaction and recvclinq areas. roof top equipment, utilitv meters. antennas. mechanical and any other outdoor equipment and buildina services supportinq the main use or operation of the property. a. Purpose and intent. To diminish the visual and acoustic impacts of service functions that may detract from. or have a neaative impact on. the surroundinq properties and the overall community imaqe. b. Bufferina and screenina standards. Service function areas must be located and screened so that the visual and acoustic impacts of these functions are fullv contained and screened from adiacent properties. includina public and private streets. c. Screenina material and desian standards. Screenina materials. colors and desian must be consistent with desian treatment of the primary facades of the buildina or proiect and the landscape plan. Page 86 of 156 d. Trash enclosures. For the location, size. and desiqn standards for trash enclosures, see section 5.03.04 Dumpsters. e. LoadinQ areas and docks. Vehicle loadinq areas must be screened from streets and adiacent residential districts. Screeninq must consist of winq walls, shrubs, trees. berms, or combination thereof. f. Conduits. meters and vents and other equipment attached to the buildinq or protrudinq from the roof must be screened or painted to match surroundinq buildinq surfaces. Conduits and meters cannot be located on the primary facade of the buildinq. Q. All rooftop mechanical equipment protrudinq from the roof must be screened from public view bv inteqratinq it into a buildinq and roof desiqn. h. Outdoor vendina machines must be located so that they are not visible from adjacent properties and streets. 4. Fencinq standards. For restrictions on fence material, fence heiqht, and desiqn, see Section 5.03.02. Fences and Walls. 5. Orive-throuqh facilities standards. a. Drive-throuQh facilities location and bufferinQ standards. Orive- throuqh facilities must be secondary in emphasis and priority qiven 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. If site constraints limit the location of the drive throuqh facility to the area between the riqht-of-way and associated buildinq, the veqetation required bv a Tvpe liB" landscape buffer must be installed within the buffer width required for the project and maintained alonq the entire lenqth of the drive-throuqh lane and adjacent riqht-of-wav. In addition to the veqetative buffer referenced above, a permanent. covered, porte-cochere or similar structure, (canvas awninq and canopies are excluded), must be installed extendinq the width of the drive-throuqh with the roof coverinq the service window(s). Such structure shall be an inteqral part of the desiqn of the buildinq. b. Required floor area. One drive-throuqh facility is permitted per tenant. Buildinqs must be a minimum of 1,000 square feet. For multi-tenant buildinqs. an additional drive-throuqh is allowed for each tenant with a minimum of 5,000 square feet of qross floor area. Orive-throuqh facilities may have multiple drive lanes. 6. Liqhtinq. a. Purpose and intent. All buildinq sites and proiects. includinQ outparcels. shall be desiQned to provide safe. convenient. and efficient liqhtinq for pedestrians and vehicles. LiQhtinq must be desioned in a consistent and coordinated manner for the entire site. The liQhtinq and liqhtinQ fixtures must be inteqrated and desiqned so as to enhance the visual impact of the proiect on the community and blend with the landscape. b. ShieldinG standards. Liohtino must be desioned so as to prevent direct olare. liqht spillaoe and hazardous interference with automotive and pedestrian traffic on adioinino streets and all adiacent properties. Lioht sources must be concealed or shielded. c. HeiGht .standards. Liohtino fixtures within the parkino lot must be a maximum of 25 feet in heioht. and 15 feet in heioht for the non- vehicular pedestrian areas. d. DesiGn standards. LiQhtino must be used to provide safety while accentinQ key architectural elements and to emphasize landscape Page 87 of 156 features. Liaht fixtures must complement the desian of the proiect. This can be accomplished throuah style, material or color. e. Illumination. Backaround spaces. such as parkina lots. shall be illuminated as unobtrusivelv as possible to meet the functional needs of safe circulation and of protectina people and property. Forearound spaces, includina buildina entrances and plaza seatina areas. must utilize localliahtina that defines the space without alare. 7. Water manaaement areas. For desian standards for water manaaement areas, includina location and the reauired amenities. see Section 4.06.02 D. of this Code. F. Deviations and Alternate Compliance. The followina alternative compliance process is established to allow deviations from the reauirements of this Section as approved bv the County Manaaer or his desianee. 1. Review and approval procedure. Upon reauest bY the applicant. the County Manaaer or his desianee may administratively approve a Site and Oevelopment Plan application that includes an alternative architectural desian and site development plan that may be substituted in whole or in part for a plan meetina the standards of Section 5.05.08. Approved deviations are allowed onlv as to the specific desian and plan reviewed. Any modification to an approved desian shall necessitate re-review and approval bY the Countv Manaaer or his desianee. 2. Review criteria. In approvina an alternative plan. the County Manaaer or his desianee 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 throuah this provision, the Site Development Plan approval letter shall specificallv note the deviations and the basis for their approval. 3. Submittal reQuirements. In addition to the base submittal reauirements. applicants must provide the followina: a. Architectural desian plan and/or site development plan clearlY labeled as an "Alternative Architectural Desian Standards Plan". This plan must identify the section numbers from this Section from which the deviation is beina reauested. b. A narrative statement that specificallv identifies all standards of Section 5.05.08 from which the deviations are reauested. and the justification for the reauest. This statement must include a description of how the alternative plan accomplishes the purpose and intent of this Section. without specificallY complyina with those standards identified. 4. Appficabilitv. a. The followina types of buildinas and uses aualify for an administrative determination of deviations from Section 5.05.08. development standards: i. Assembly, ii. Educational. iii. Institutional. iv. Mixed use buildinas (such as commercial/residential/office), and v. Any other non-commercial buildina. or use. that is not listed under Section 5.05.08 D. Desian standards for sDecific buildina tVDes of this Section. and due to its function. has specific reauirements makina meetina Section 5.05.08. standards unfeasible. Page 88 of 156 vi. Buildinas located on orooertv with a commercial zoninQ desianation when submitted for Site Develooment Plan review on or after November 10. 2004. exceot for the followinQ: a) Buildinas located on outoarcels. freestandina (non-attached multiole or individual) buildinas located on orooertv with a PUO zoninq desiQnation, or multi ole buildinqs develooed under a unified, common develooment olan (such as a shoooinQ center). b) Buildinas with a aross buildina area of 10,000 sauare feet or more on the around floor. c) Multi-story buildinQs with a total aross buildina area of 20.000 sauare feet or more. d) Proiect sites with more than one buildina where the aaQreaate qross buildina area is 20,000 square feet or more. Individual buildinas within a oroiect site that have been oreviouslv granted deviations where additional develooment causes an aqqreqation of buildina area 20.000 square feet or Qreater, must brina existinq buildinqs uo to the reauirements of 5.05.08. b. The deviation orocess is also aoolicable to the soecific requirements listed under the followinq sections: i. SectIOn 5.05.08 B.3. Renovations and redevelooment. ii. Section 5.05.088.4. Abandonment or discontinuance of use. iii. Sections 5.05.08 D.2.d. for Self-storaae buildinQs. 5. Aooeal and Assistance orocedure. a. The County Manaaer or his desiQnee may reauest the assistance of the Architectural Arbitration Board in renderinQ a decision. The aoolicant may aooeal the decision of the County Manaaer or his desiqnee to the same Board bv makinQ a written request to the County's Architect. i. The Architectural Arbitration Board shall consist of 5 votinQ members comorised of the followina: two reoresentatives from the Collier County Zonina staff: two reoresentatives aooointed bv the American Institute of Architects (Southwest Florida Chaoter) and one member aooointed bv the American Societv of Landscaoe Architects (Southwest Florida Chaoter). b. The Architectural Arbitration Board shall take one of the followinQ actions bv maioritv vote: i. Aoorove as orooosed: ii. Aoorove as orooosed with conditions; iii. Oenv as orooosed: or iv. Continue the review to another meetina for further deliberation. c. Within 5 workina days followina the Architectural Arbitration Board meetina. the County Manacer or his desianee shall aoorove or deny the oroiect's deviation from the architectural desicn standards of Section 5.05.08. as recommended bv the Architectural Arbitration Board. d. Should the aoolicant or staff reauest a decision bv conveninc an Architectural Arbitration meetina. then the review of the Site Develooment Plan will be olaced on hold uoon receiot of the written Page 89 of 156 request bY the County's Architect. Should the Countv ManaQer or his desiQnee request the assistance of the Architectural Arbitration Board. then review of the Site Development Plan will be placed on hold at staff discretion. Once a final decision bv the Board is reached. review of the Site Plan shall resume. G. Exceptions. 1. Exceptions to the provisions of this code mav be Qranted bY the Board of County Commissioners in the form of a PUO zoninQ district where it can be demonstrated that such exceptions are necessary to allow for innovative desiQn while varvinQ 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 proiects subject to Section 5.05.08 standards, where site specific factors may impact the 'ability 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. SUBSECTION 3.U. AMENDMENTS TO SECTION 5.06.00 SIGNS Section 5.06.00 Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.00 SIGNS 5.06.01 Generally * * * * * * * * * * * B. Sianaae Table The followina table is intended to provide a araphic representation of the various permitted residential and commercial sians. but may not encompass all of the requirements for those sians. For the specific reQulations. please see the appropriate subsections throuQhout this section of the code. 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One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in heiaht 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: e. Advertisina of anv kind is not permitted on construction sians. * * * * * * * * * * * 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. Furthermore, 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 5.06.0-1 5.06.02 may be substituted for ground or wall signs in residential districts. * * * * * * * * * * * 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; Page 93 of 156 f. Sign type(s) and location(s); and, conformance with the following: g. No wall sign shall exceed 80 percont of the width of ~~o ~~~~~ ~r tho b~laing occupiod by a bUEiness with a minimum of ton porcont cloar area on oach outor odgo of tho unit(s) or tho building; h. All 'N3I1 signs for multi use liJuih::lings Ðhall be loc3ted at a consistont loc3tion on tho Ðuilåing faGaae, except th3t anchor tenants may vary from thie: loc~ltional roquiremont in scale with the anchor'e: tonant's larger primary facaåe dimonsions. /\11 signs Sh311 adhero to tho dimonsions providod for in tho unified sign pl3n; 3nd i. Pole signs shall provido a polo cover no loss than 60 porcont of tho '/,'idth of tho sign, 'Nith architoctural dosign features inciuding colore: 3nd/or matorials common to thoso used in the design of the builåing the sign is accessory to. ^ minimum 100 square foot planting arOD shall be providod around the bDse of Dny ground or pole sign, consistont with tho provisions of this soction of this Coda. ~ L. The ground or Dole sign shall not be in the shape of a logo and the logo shall not protrude from the sign. *=- ii. The use of fluorescent colors is prohibited. I. OlltparÐels In addition to the above requirements, signs for outparcels, rogardloe:s of the sizo of tho eutparGel, shall bo limitod to tho following: i. In addition to any 'Nail signs permitted by this Code, outparcels may by 3110wed one addition31 sixty squaro foot wall sign facing tho shepping Genter if tho additional sign is not orionted tO'N3rds any public right of way. In no case shall tho numbor of '1:311 signs for an eutparGol exceod two signs; afIå.; ii. .'\ single ground sign for eutparcels having a frontage of 160 foot or moro, not to exceed 60 square foot. Ground signs chall be limited to oight foet in hoight. 5.06.03 6.06.06 Development Standards for Signs A. Development standards. 1. Maximum allowDble height. ,1\11 pole or grounq signs '.vithin nonresidential zoned districts and as applicable to nonrosidenti31 dosignatod portions of PUD zoned properties are limited to a maximum hoight of 16 foet when locatod along an arterial or celleGter readway and 12 feet for all othor roads, oxoept as provided in this Codo for polo or ground signs for autemeliJile service statiens and eutpareels which are limitod to a maximum hoight of eight feet; the maximum height for directory signs is limited to 20 feet. Height shall be measurod from the lowest centorlino grade of tho neareEt public or private RO.W. or easement to tho uppormost portion of tho sign struoture. 2. Minimum setliJack. All ~ole or ground signs within nonreèidontial zoned distriGts and as ap~lica9le to nonresidential dosignDtod portions of PUO zonod propertios shall not be looated oloser than ten feot from the property line. Directory signs shall not 90 clOE~er than 16 foot from tho property line, unless otherwise noted bolow or asprevided for in section 1.04.04 C. 3. Mcudmldm allo\\'Ðble sign area: 80 sEluaro foet for pole or ground signs looatod along an artorial or cellester readway and 60 squaro foot for all ether roads, êO squar-e feet for eutparsels and autemebile sen.'ice Page 94 of 156 stations ~md 150 squaro foot for diroctory signs. 4. Tho location of 311 porm3nont polo, ground and diroctory signs sh311 bo ~~n on tho 13ndsc3po pbns as requirod by soction 1.06.05. á,. 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. &,. b. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/ or the ranQe of Official Address Numbers shall be posted within the upper third portion of the sian face or in the area defined in this section of the Land Development Code of Commercial and residential siQnaQe that utilizes the followina sian tvpes: pole sian. around sian, and directory sians. Address numbers on sians shall be a minimum heiaht of eiqht (8) inches. 5.06.04 5.06.06 Sign Standards for Specific Situations * * * * * * * * * * * 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 corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In 3ddition, multiple occup3ncy parcels such 3S shopping centers, offico comploxes, business parks, or industrial parks cont3ining 25,000 squ3re foot or more of grOE:s I03sablo floor ar03, 3nd eight or more indepondent businesses will bo permittod one diroctory sign for 3 single ontr3nco on o3ch public street. '.II/hon 3 diroctory sign is proposod thon polo or ground signs sh311 bo limitod to tho n3mo and logo of tho complex 3nd sh311 not cont3in 03me of 3ny ton3nt. Tho dirootory sign Gh311 cont3in a minimum of four 3nd a maximum of oight ton3nt n3meG. Tho n3mo of bUGinos6oc loo3tod on outparcels shall not appear of diroctory signs. a. Maximum allowable heiaht. All pole or around sians within nonresidential zoned districts and as applicable to nonresidential desiQnated portions of PUO zoned properties are limited to a maximum heiQht of 15 feet when located alonQ an arterial or collector roadway and 12 feet for all other roads. except as provided in this Code for pole or around. HeiQht shall be measured from the lowest centerline arade of the nearest public or private R.O.W. or easement to the uppermost portion of the sian structure. b. Minimum setback. All pole or around sians within nonresidential zoned districts and as applicable to nonresidential desianated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sian area: 80 sauare feet for pole or around slans located alonQ an arterial or collector roadway and 60 sauare feet for all other roads. Page 95 of 156 d. The location of all permanent pole. around sians shall be shown on the landscape plans as required by section 4.06.05. e. Pole sians shall provide a pole cover no less than 50 percent of the width of the sian. with architectural desiQn features includina colors and/or materials common to those used in the desian of the buildina the sian is accessory to. A minimum 100 square foot plantina area shall be provided around the base of any around or pole sian, consistent with the provisions of this section of this Code. development of landscapinQ shall be approved bv the County consistent with Section 4.06.03 A. of the LDC. a- 1. Ground signs for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: * * * * * * * * * * * tr. fL 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 the required 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: * * * * * * * * * * * 2. Outparce/s. In addition to the above requirements. sians for outparcels. reaardless of the size of the outparcel. shall be limited to the followina: a. In addition to any wall sians permitted by this Code, outparcels may bv allowed one additional sixty square foot wall sian facinQ the shoppina center if the additional sian is not oriented towards any public riaht-of-way. In no case shall the number of wall sians for an outparcel exceed two sians: and, b. A sinale around sian for outparcels havina a frontaae of 150 feet or more. not to exceed 60 square feet. Ground sians shall be limited to eiaht feet in heiaht. 3. Directory Sians. Multiple-occupancy parcels such as shoppilia centers. office complexes, business parks. or industrial parks containina 25.000 square feet or more of aross leasable floor area. and eiaht or more independent businesses will be permitted one directory sian for a sinale entrance on each public street. When a directory sian is proposed then pole or Qround sians shall be limited to the name and loao of the complex and shall not contain name of any tenant. The directory sian shall contain a minimum of four and a maximum of eiaht tenant names. The name of businesses located on outDarcels shall not appear of directory sians. a. The maximum heiaht for directory sians is limited to 20 feet. Heiaht shall be measured from the lowest centerline arade of the nearest public or private R.O.W. or easement to the uppermost portion of the sian structure. b. Oirectory slans shall not be closer than 15 feet from the property line. unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sian area: 150 square feet for Oirectory sians. d. A minimum 100 square foot plantinQ area shall be provided around Page 96 of 156 the base of any Directory SIGN. consistent with the provisions of this section of this Code, development of landscapino shall be approved by the Countv consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory sians shall be shown on the landscape plans as required by section 4.06.05. 2-:- 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 where there is double frontage on a public 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. b. No wall sian shall exceed 80 percent of the width of the unit(s) or the buildina occupied by a business with a minimum of ten percent clear area on each outer edoe of the unit(s) or the buildina: and c. All wall sians for multi-use buildinas shall be located at a consistent location on the buildina facade. except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's larqer primary facade dimensions. All sians shall adhere to the dimensions provided for in the unified sian plan. 5. Menu Boards: One menu board with a maximum heioht of 6 ft and 64 square feet of copv area per drive thru lane. 3:- 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. * * * * * * * * * * . *. . 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 building permit unless the sign is equipped with an electrical component. ~ -ª.:. 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 tm& 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 bandinq on qasoline canopy structures and all other Page 97 of 156 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 permitted 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 permitted area 60 square feet. €h e. Signage, logos, advertising and information are prohibited above gas pumps. &:- 1:. Wall signs: As allowed in paragraph 2. section 5.06.04 CA. above of this Code. 1:. g. Signs: As allowed in soction 5.06.03 this section of tAis the Code. &- ~ Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUO zoning districts, and specifically required for PUOs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this Code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 1-: 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Throo non commorcial flags: may be displayed at tho ontranco of a commorcial, offico, indue:trial or residential dC'Ielopment. 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 frontage 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. * * * * * * * * * * * d. All flaapoles that are permitted must display their permit number at the base of the flaapole in minimum ~ inch numerals. 3: 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 permits 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. * * * * * * * * * * * e. Holidav decorations. Seasonal decorations will be aranted a permit for a period of 30 days prior to the holiday they are celebratina and will be removed no later than 15 days after the holiday. Q.,. 12. Special purpose signs (on-site). Due to the unique and varied Page 98 of 156 nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: * * * * * * * * * * * 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 permitted as a lawful sign if the following and all other applicable requirements are met: * * * * * * * * * * * iv. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec. 5.06.06 ~C.16. for illuminated signs. .:tG-:- 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, information 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 permit. 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 5.06.02 5.06.05 of this Code. 44-:- 14. On-premise signs within 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 zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: * * * * * * * * * * * ª 15. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or his designee, or his designee, if the following requirements are met: * * * * * * * * * * * ~ 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, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. 5.06.05 &.Ott02 Signs Exempt from These Regulations * * * * * * * * * * * 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 Page 99 of 156 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 from the road. Directional signs are also subject to restrictions of section 5.06.06 (C}(10) 5.06.04 C.13. of this Code. * * * * * * * * * * * 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 5.06.02 5.06.05. P. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 5.06.03 5.06.06 of this Code. * * * * * * * * * * * W. Internal directory siqns for institutional or aovernmental facilities that cannot be seen from abuttina riaht of way. Each sian shall be no hiaher than 6 feet in heiaht or laraer than 64 square feet. 5.06.06 5.06.03 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: * * * * * * * * * * * C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.06 ~ 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5.06.06 C.9.b. 5.06.04 C.12.b. * * * * * * * * * * * 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 permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.03 5.06.06. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. * * * * * * * * * * * DO. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. Signs that comply with the provisions of section 5.06.02 5.06.05 (V) of this Code are exempt from this section. EE. Human Directional Sians. People in costumes advertisina stores or products FF. Attachments to sians. such as balloons and streamers. GG. Banner Sians HH. Pennants II. Bench Sians Page 100 of 156 JJ. Sians that due to brilliance of the liaht beina emitted. it impairs vision of passina motorist. KK. €€-: 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 Collior County Codo Enforcomont Director, Countv Manaaer 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 permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. SUBSECTION 3.V. AMENDMENTS TO SECTION 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND Section 6.01.01 Utilities Required to be Installed Underground, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.01 Utilities Required to be Installed Underground All permanent facilities, infrastructure, or improvements constructed bv public utilities, including those installed bv franchised utilities, must be installed. Le., located and constructed, underaround. as set forth below. The utilities included are those providina for, or related to: electrical power (includina wirina to streetliahts), ~nd light, telephone, potable & irriaation/re-use water, sewer, cable television, wiring to Gtrootlights and gas sh~1I be ine;t~lIod underground. This section shall apply to all public utilities either proposina, or relocatina existina. permanent facilities. infrastructure, or improvements c~bleG, conduits or wires within subdivisions or developments, includina 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.....Q!!L. However, 3gricultur31 bnd, induGtrial 13nd, commorcial Gitee; and rosidentiallots brgor than two ~creG m~y bo exompted from this requiromont by tho dovelopmont sorvicoe; diroctor if COGtc for tho utilitioG to bo pl~cod underground ~re domonstr~tod to be unroae;on3bly prohibitivo. This Gection does not include or apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is for the transmission or diGtribution of electrical energy between do':elopments or subdivisions, generating stations, substations... and the transmission lines of illlY-other electric utility provider's systems, or along the porimoter line of subdivisions or developments. 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 utilitv Easements shall be coordinated with Qthe[ 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 &AaU must also be in conformance with the respective utility's rules and regulations. O. A-: Utility Casings Page 101 of 156 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. SUBSECTION 3.W. AMENDMENTS TO SECTION 8.06.03 POWERS AND DUTIES (EAC) Section 8.06.03 Powers and Outies (EAC), of Ordinance 04-41, as amended, the Collier County Land Oevelopment Code, is hereby amended to read 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 utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. 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. SUBSECTION 3.X. AMENDMENTS TO SECTION 9.02.00 VESTED RIGHTS Section 9.02.00 Vested Rights, of Ordinance 04-41, as amended, the Collier County Land Oevelopment Code, is hereby amended to read as follows: 9.02.00 DIiVIiLOPMENT '.'VITH VESTED RIGHTS [Resel'\'ed] 9.02.00. Vested Riahts & TakinQs Determinations. A. Landowners claimina that certain of their property riahts 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. includina the claim to a riaht to an Adequate Public Facilities Certificate (APFC). or b) been unlawfully taken. may use the vested riahts determination process and takinas determination 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 providina for required notice. public hearina. the riaht to present and rebut evidence. create a formal. written record. and an impartial hearinq officer. as may be applicable under these processes. B. Claims or suits aaainst Collier County. includina its board of county commissioners. whether sued individually or collectively. and any official thereof, which: a) alleae vested riahts or equitable estoppel. or b) challenae the denial. revocation. suspension. or any other limitation or restriction set forth in a development order or development permit. or any other aovernmental act of Collier Countv as a temporary or permanent takina of private property. includina claims or suits of an inordinate burden Page 102 of 156 of private propertv. cannot be deemed final action or a final order of the County in any court or quasi-judicial proceedina unless and until the processes provided for by this section have been fully complied with and exhausted. C. The provisions of this Code are expresslv intended to requlate landowners' riahts 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 qeneral welfare without violatinQ landowners' leqally vested riQhts obtained in accordance with Florida common law and statutory law. particularlY F.S. IS 163.3167(8). 9.02.01. Applications for Vested Riahts Determinations. A. Applications for a determination of claimed vested riQhts must be submitted alonq with the initially required application fee in the form established bY the County and must be sworn to or comply with IS F.S. 92.525. for declarations made under penalty of periury. In order to be considered timelv, all applications must be filed within one year of the effective date of this Code. or of any amendment or revision to the Code. aqainst 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 riqhts and bar all claims for vested riQhts or equitable estoppel for the landowner's property. Applications must include: 1. name. address. and telephone number of the landowner. and of any authorized aQent(s); 2'. street address. leaal description. and acreaQe of the subiect property: 3. all facts. documents, records. attachments. appendices. exhibits. or other information reasonably available to the landowner throuQh diliQent research which are considered bY the landowner to be relevant and which would tend to establish the criteria for a vested riQhts determination set forth in section 9.02.05. The application should include any information the applicant considers necessary and that would substantiate those facts supportinq the claim. The auide for inclusion of information should be whether the information would constitute competent. substantial evidence in a quasi-judicial or iudicial proceedina; 4. allleQal arQuments in support of the claims alleaed; 5. anv relief or remedies proposed to resolve the claims alleqed; and 6. the sianature of the landowner or any attornev for the landowner. Siqnatures affixed to an application will constitute certification that the person siqninq has read the document and that to the best of the person's knowledQe it is supported by aood Qrounds and that it has not been submitted solely for purposes of delay. B. Applicants may include such information under IS 9.02.10. B. 3. a. - a., as they consider necessary to establish their claims. C. A landowner and anv attorney for the landowner has a continuina obliaation to amend or correct any document submitted with the application which is incorrect because of chanqed circumstances or which was found to have been incorrect. 9.02.02. Determination of completeness. After receipt of a fullY paid application for a determination of vested riahts. the county manaaer will determine if the information submitted with the application is complete. If the application is determined to not be complete. the county manaaer will provide notice to the applicant in writina of all deficiencies found within five (5) days. The county manaaer will take no further steps to process or review the application until all Page 103 of 156 deficiencies have been adequately remedied or the county manaQer is notified by the landowner that no further information will be provided. 9.02.03. Review of application bv county manaaer and county attorney: determination or recommendation. Completed applications for determinations of vested riahts. Le.. those deemed sufficient for review. will be reviewed bY the county manaQer and the county attorney under the criteria in section 9.02.05.. within forty-five (45) days. Based on their review. the county manaqer and the county attorney will thereafter within ten (10) days either: a) enter into a written stipulated determination of vested riqhts with the owner. or b) make a written recommendation to a hearinQ officer for a determination that the application should be denied, Qranted or qranted with conditions. A. If the county manaaer and the county attorney aaree that the application for a determination of vested riQhts so clearly demonstrates that the requested relief should be Qranted or Qranted with conditions acceptable to the landowner, then they are authorized to enter into a stipulated determination of vested riahtswith the landowner on behalf of the County. The county manaqer's and the county attorney's written determination must include: a) their findinQs of fact based on the criteria established in section 9.02.05.. b) their conclusions of law for such criteria. c) their findinQs of consistency with the arowth manaaement plan and the Code. as applicable. and d) the specific relief to be afforded by ,the determination. which must be siQned bY the county manaqer and the county attorney. as well as the landowner. B. If the county manaQer and the county attorney do not aaree after their review that the application for determination of vested riahts so clearly demonstrates that the requested relief should be aranted or aranted with conditions acceptable to the landowner. then they will prepare a report for consideration by a qualified hearinQ officer which recommends that the requested relief should be qranted. aranted with conditions. or denied. The written recommendation to the hearinQ officer must include: a) their findinQs of fact based on the criteria established in section 9.02.05., b) their conclusions of law for such criteria. c) their findinas of consistency or inconsistencv with the arowth manaQement 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 hearinq officer are those set forth in section 9.02.04. The procedures to be followed for the hearinQ officer's review of the claim, public hearina. and issuance of a written determination are set forth below in sections 9.02.04., and 9.02.06. 9.02.04. HearinQ officer review and vested riahts determination. A. In the event that all of a landowner's claims are not fully resolved by the process under section 9.02.03.. the county manaQer will solicit for a hearina officer who must meet the followina minimum qualifications: a) be an attorney admitted to practice before the Supreme Court of the State of Florida, b) have demonstrated knowledae of administrative, environmental. and land use law and procedure: and c) aaree to hold no other appointive or elective county public office or position durina the period retained. A qualified hearina officer selected by the county manaaer and county attorney will be retained immediately upon the landowner's payment of any additional fees required for a hearina officer's determination of vested riahts. Once retained. the application. written recommendation of the county manaQer and county attorney. and all supportina documentation. collectivelY considered to be the then existina official record of the claim. will be provided to the hearina officer for review. Within fifteen (15) davs of notice of retainina a qualified hearina officer. the claimant must provide the hearina officer and all other parties a list of the names and addresses of anv 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 hearina be scheduled or noticed until the list and summary are properly provided. Page 104 of 156 B. At any time after thirty (30) days from receipt of the official record, the hearinQ officer is to conduct a properlv noticed public hearinQ. The hearinQ will follow such rules of procedure for Quasi-judicial. civil proceedinQs as the hearinQ officer may consider are reasonablv required to afford all parties procedural due processe and as follows. The parties entitled to appear before the hearinQ officer are the county, the landowner. and those members of the public who have timelv notified the county manaaer and hearinQ officer of their intention to be considered as affected persons under section 9.02.04 C.. below. In the event that any affected person's claimed status as a party is challenQed bv another party. the hearinQ officer will determine whether that person is entitled to appear as an affected person under the traditional notions of standina set forth in Florida jurisprudence. The order of presentation before the hearinQ officer will be: a) the landowner. b) the county. and c) any affected person(s). AlthoUQh the public is invited to attend the hearinQ, members of the Qeneral public may not participate unless testifvinQ as a party witness under one of the three cateQories above. C. Affected persons intendinQ to participate as a party in any hearinQs held as part of the vested riQhts determination process must submit written comments and pertinent factual information and data to the county manaQer for inclusion in the official record within fifteen (15) davs of the landowner's mailina of notice to all persons as set forth in section 9.02.06.A. The pertinent factual information and data will be reviewed and considered bv the county manaQer and county attorney. and when applicable. will be submitted to the hearinQ officer as an attachment to the county attorney's and county manaaer's recommendation to the hearinQ officer and become part of the official record. The names of affected persons intendinQ to appear as a party witness, alonQ with a written summary of their testimony. must be submitted to the hearinQ officer no later than ten (10) days prior to the advertised date of the hearinQ officer's public hearinQ. 9.02.05. Criteria for vested riahts determinations. A. This section is intended to establish criteria for vested riQhts determinations that strictlv adhere to. and implement. existinQ Florida statutory and case law as they relate to the doctrine of vested riQhts and equitable estoppel. Each determination is to be made on a case-by-case basis in liQht of these criteria and the specific factual and leQal analvsis of that claim. Landowner's claims should not be afforded the relief or remedy SOUQht unless the landowner demonstrates bv substantial competent evidence that it's entitled to complete it's development without reQard to the otherwise applicable provision(s) of this Code based on either: a) meetinQ the provisions of F.S. & 163.3167(8): or b) that: 1) upon some act (such as enactina the challenQed provision of this Code) or omissiônòf the county. 2) the landowner relvinQ in Qood faith. (3) has made such a substantial chanQe in position or has incurred such extensive obliQations and expenses that it would be hiQhlv inequitable and uniust to destroy the riQhts acquired to applv the challenQed provision. B. The provisions of Code of Laws & 106-46 (j) Criteria for Vested Riahts. (2) & (3). may be used as an additional Quide for consideration of the second and third criteria in A.. above. 9.02.06. Reauired notices for vested riahts determination process. includina public hearinas. A. Within fifteen (15) days of the date of receipt bv the county of a completed application for a vested riQhts determination. the landowner must provide notice of the submission of the application by: a) prominentlv postina on the property for which the vested riQhts determination is souaht a siQn advisina of the substance of the claim of vested riahts and otherwise complvina with section 10.03.05. B. 1. as to timina and otherwise. a. or .b.. onlv. and B. 2. throuQh 4.. as applicable. and b) mailina notice to all property owners within 300 feet of the property lines of the subiect property. The mailed notice must brieflv state the nature of the claim and Page 105 of 156 must be maue via certified mail. return receipt requested, sent at the landowner's expense. B. Public notice for vested riQhts determination hearinQs held pursuant to section 9.02.04. or section 9.02.08. must be provided by publication at least one time in a newspaper of Qeneral circulation at least fifteen (15) days in advance of any public hearinQ statinQ the time. place. purpose of such hearinq. includinQ a brief statement of the nature of the claim. C. For those claims not resolved under section 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 manaQer that they should be considered as an affected person at least twenty (20) days prior to the hearinQ officer's public hearinQ. D. For those claims not resolved under section 9.02.08. the appealinQ 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 hearinQ, and b) publish the notice for the public hearinQ required under B., above. 9.02.07. Issuance of a vested riahts determination by hearina officer. Within fifteen (15) days after the completion of the hearinQ officer's public hearinQ. the hearinQ officer will render a determination denyinQ, QrantinQ. or QrantinQ with conditions, all vested riqhts claimed bv the landowner. The determination must be based upon the hearinQ officer's review and consideration of the official record which will include the application for determination of vested riQhts. the recommendation of the county manaQer and the county attorney. and the evidence and testimony presented at the public hearinQ by all parties. The determination must be in writinQ and specifically set forth enumerated: a) findinQs of fact. and b) conclusions of law for each criterion of section 9.02.05.. as applicable to each claim. The determination 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. 9.02.08. Appeal of hearina officer's vested riahts determination. Within 30 days after the hearinQ officer's written determination of vested riQhts beinQ rendered. either the county or the landowner may appeal the determination to the board of countv commissioners. Anv additional fee for a landowner-initiated appeal must accompany the appeal. The board of countv commissioners may: a) affirm the hearinQ officer's determination of vested riQhts. with or without modifications or conditions. or b) reiect the hearinQ officer's determination, except that the board may not modify the determination or impose conditions. or reiect the hearinq officer's determination unless the board expressly finds that one or more of the hearinQ officer's findinQs of fact or conclusions of law is not supported by competent substantial evidence in the offidal record. or that the hearinQ officer's determination otherwise specifically failed to properly apply one or more of the criterion in section 9.02.05. Because the law in the area of vested riQhts and equitable estoppel is constantly chanQinQ in both substance and interpretation. the board should be Quided by advice from the office of the county attorney reqardinQ interpretations of appropriate considerations in its deliberations. 9.02.09. Expiration of vested riahts determinations. Any relief Qranted bY a vested riQhts determination will be presumed abandoned and expire if not utilized for its proper purpose within two (2) years from the date it was Qranted. Thus. all determinations of vested riQhts which are Qranted. with or without conditions. expire and become null and void two (2) years from the date finally issued. i.e.. the last of either: a) the latest date siQned as a stipulated aQreement. b) the date rendered by a hearinQ officer. or c) otherwise finally determined followinQ any appeal: unless: 1) any conditions imposed are complied with and construction authorized by the determination is commenced pursuant to an approved final development order or permit. and 2) construction continues in aood faith under then applicable reaulations for development. The two (2) year time limitation to commence and continue construction will onlv be stayed for anv time period durinq which construction is prohibited. deferred. or delayed by the county due to inadequate public facilities. as otherwise provided for by this Code. Page 106 of 156 9.02.10. Process for review and remedy of taklna claims. A. SC009. This section applies to: 1. a landowner's claim which would otherwise arise in a court of competent jurisdiction as a takina of property without just compensation under any law applicable to the county and that arises from: a. the denial of property or development riahts souaht as part of a development permit or development order. or b. the application of any other provision of the county's comprehensive plan. its implementina land development reaulations as stated in this code. or other ordinances. 2. persons denied a claimed remedy souaht as part of a vested riahts determination under sections 9.02.00. - 9.02.09.. of this code: and ,3. any aaarieved or adversely affected party meetina the standard for "standina" defined in F.S. ~ 163.3215(2). and alleaina that the arant or issuance to another person of a development order or development permit by the county constitutes a takina of his property. 4. Notwithstandina the provisions set forth above. this section does not apply to takinas claims arisina as part of a condemnation or eminent domain action to which the county is, or may be. a party. B. Administrative orocedures for filina and documentation of takinas claims. 1. All takinas claims must be filed with the county manaaer and be accompanied by such fee as may be required. 2. Any person filina a takinas claim must affirmatively demonstrate the validity of the claim alleQed by submittina a sworn statement settina forth the facts upon which the takinQs claim is based. The sworn statement should include any information the applicant considers necessary. As such, a statement may contain attachments. appendices or exhibits that substantiate those facts supportina the claim. The auide for inclusion of information should be whether the information would constitute competent. substantial evidence in a Quasi-judicial or iudicial proceedina. . 3. In addition to a demonstration of a potential takina claim. the applicant's evidence should also provide that information necessary to fashion a remedy. should a potential takina claim be found to exist. As part of a typical claim packaae, the sworn statement required by this subsection should support the claim for a remedy by includina any additional affidavits. copies of drawinas, contracts. recordinas, reports. letters, appraisals. or any other form of documentation or information that mav applv, includina, but not limited to: a. the transcript or record of any previous hearina where the claim is alleaed to have arisen, b. evidence of the expenditure of funds for land, the acquisition of which provides the basis of the takina claim, c. evidence of expenditures of funds for plannina, enaineerina. environmental, and other consultants for site plan preparation, site improvement or other preparation, or construction, Page 107 of 156 d. evidence of expenditures for construction of actual buildinas in accordance with an existina or prior development order or development permit issued bv the county, e. any relevant donations or dedications of real property or any other property interest made to the county for the followina purposes: i. roads or other transportation or public utilitv facilities. ii. access Onaress/earess) or riahts-of-wav. iii. drainaae easements, iv. parks or recreation/open space, v. retention/detention areas. vi. preservation or conservation areas. or vii. any other purpose consistent with the 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. f. evidence of costs of construction of any roads. sidewalks, stormwater detention/retention or drainaae facilities. sewer or water facilities. parks. etc.. which would be either on- or off- site. and part of a plan permittina development on the subiect qropertv, or a. other development orders or development permits issued bv the county with respect to the property involved in the takinas claim. and any related federal. state or reaional permits. 4. As part of a sworn statement. the claimant is reauired 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. Additionallv. the claimant should consider submittina as part of its sworn statement information which: a. demonstrates that the claimant has acted in aood faith and without knowledae that chanaes to applicable ordinances, resolutions. or reaulations miaht effect his development expectations. In establishina "aood faith." the claimant should consider submittina information which affirmativelv states that the claimant: i. has not waived. abandoned. or substantiallv deviated from related prior county development approvals: ii. has not. bv act or failure to act. consented or assented to chanaes in related prior county development approvals: and iii. has. at all times relevant. conformed with the applicable laws. rules. and reaulations of the state and the county. b. if applicable. details the specific aovernmental act. ordinance. resolution. reaulation or comprehensive plan provision that the claimant believes aave rise to the takinQs claim. 6. The sianature of the claimant. or anv attorney for the claimant. upon any document submitted as part of a sworn statement will constitute certification that the person sianina has read the document and that to the best of the person's knowledae it is Page 108 of 156 supported bv aood arounds and that it has not been submitted solelv for purposes of delav. Further. the claimant and anv attorney for the claimant will have a continuinq obliqation to amend or correct anv document submitted which is incorrect because of chanqed circumstances or was found to have been incorrect. 7. If the board of county commissioners makes a determination and findina that the sworn statement submitted as part of a takinq claim IS: a. based on facts that the claimant or anv attornev for the claimant knew or should have known was not correct or true; or b. frivolous or filed solelv for the purposes of delav; then the board af county commissioners, in addition to the penalties set forth in section 10.07.00. A.2.e., may pursue any remedy or impose anv penaltv provided for bv law or ordinance. C. Review. hearina and standards far takinas claims. 1. Within five warkinq days of filina a sworn statement (and any accompanvina information) as part of a takinqs claim. the county manaqer will determine whether the statement received is complete. If the statement is deficient. then the claimant will be natified, in writinq, of the deficiencies. 2. Once a statement is complete. or the claimant has informed the county manaqer that no further information is forthcominq, the countv manaqer will timelv review the application. provide reauisite public notice consistent with section 9.02.06 B. and schedule a properlv noticed public hearina before the board of county commissioners on the takinqs claim. 3. At the scheduled public hearina. 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 manaaer and staff. and county attornev personnel may offer testimony and evidence. or opinions as may be relevant to the hearinq. 4. No later than 30 days after the board of county commissioners clases the public hearina. the board will make and report a conclusive. final decision based upon the record presented. Nothinq in this subsection will prevent the board' from decidinq to continue the hearina to a' time-. date-. and place-certain to aive staff the opportunity to prepare alternatives. in consultation with the applicant. or to qive staff or the applicant the opportunity to prepare responses to auestions which the board may have reqardinq information presented at the hearinq. 5. Because the law in the area of takinas is constantly chanqina in both substance and interpretation. the board of county commissioners should be quided bv advice from the office of the countv attornev recardinq interpretations of appropriate considerations in its deliberations. In evaluatinq whether a valid takina claim is presented bY the record. and what the measure of relief to be provided to the claimant should be, if any. the followinq factors will be taken into consideration: a. whether and to what deqree the challenqed requlation or combination of requlations has resulted in any physical invasion of the claimant's propertv bv the countv or others: b. whether the challenced requlation. or combination of reculations. has resulted in a denial of all beneficial use of the claimant's property bY the county and. if so. whether the loqicallv antecedent inquiry into the nature of the landowner's Page 109 of 156 estate shows that the prescribed use interests were not part of his title to beqin with; c. whether and to what deqree the claimant's expectations of use were investment-backed; d. whether and to what deqree the claimant's expectations of use were reasonable in liqht of the followinq circumstances as they mav apply: i. the loqically antecedent inquiry into the nature of the landowner's estate shows that the prescribed use interests were not part of his title to beqin with; ii. the existinq land use and zoninq classification of the subiect and nearbY properties, as may be relevant: Hi. the development history of the subiect property and nearby properties; and iv. the suitability of the subject property for the intended or challenqed development or use. e. whether and to what deqree the intended or challenqed development or use has or would cause any diminution in value of the subiect properties, or any relevant properties arisinq from section 9.02.10 A.3.; f. whether and to what deqree any such diminution of property values has promoted the public health. safety, morals. aesthetics. or qeneral welfare. and was consistent with the county's comprehensive plan; and g. to what extent the public would qain from the intended or challenqed development or use compared to any resultinq 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 subiect property and may be in the form of alternative uses of additional development intensity which may be severed and transferred, or other such non-monetary relief as is deemed appropriate bv the board of county commissioners. Anv relief qranted will be presumed abandoned and expire if not utilized for its proper purpose within one year from the date it was qranted. Subsequent applications under this section mav review the expired decision for possible reinstatement. with or without modification as deemed necessary under then existinq conditions. O. Aooeal of takinas claim. Any claimant aqqrieved bY the final decision of the board of county commissioners mav seek judicial review of the board's decision bY timely filinq an action in a court of competent iurisdiction. SUBSECTION 3.Y. AMENDMENTS TO NONCONFORMITIES SECTION 9.03.01 Section 9.03.01 Nonconformities, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.03.01 Generally * * * * * * * * * * * * * E. Uses under conditional use provisions not nonconforming uses. Page 110 of 156 All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this code. which are permitted as a conditional use in a district under the terms of the 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 permit. SUBSECTION 3.Z. AMENDMENTS TO SECTION SUBMITTAL REQUIREMENTS APPLICATIONS 10.02.02 FOR ALL Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read 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 environmental advisory board EAC or their successor organization. b. The environmontal adviÐory board EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. c. The appeal will be heard by the onvironmontal adviGory 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 onvironmontal advisory board EAC and to the County Manager or his designee copies of the data and information he intends to use in his appeal. e. Upon conclusion of the hearing the onvironmontal advisory board 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 affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the onvironmontol advisory board EAC. * * * * * * * * * * * * * D. Review by environmental advisory council fEAC). boarfi. )\11 preliminary susdl,..islen plat and/or sits de'lelopment plan submissions for develøpment or site alteratløn on a shoreline and/or undoveloped ooastol barrier shall be ro'Jiov.'ed and 0 reoommondation shall bo modo for approval, approval with oonditions or denial by tho onvironmontal advi£ory board. If tho applicant chooseG not to utilizo tho optional proliminary subdi'JisiøR plat procoss, tho review and approval will oocur at tho time of oithor tho final plat and OOnE>truction plans or tho final plat. The procedures for reviewina PSP and/or SOP submissions for development Page 111 of 156 or site alteration on a shoreline and/or undeveloped coastal barrier are outlined in section 8.06.03 N. of this code. * * * * * * * * * * * * * F. Requests for Interpretations * * * * * * * * * * * * * 5. Appeal to board of zoning appeals or building board of adjustments and appeals. a. 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 Eorvico5 dirootor Countv Manaqer or his desiqnee 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. !L 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 servioos direotor County Manaqer or his desianee 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 sorvicoe; diroctor'e; Countv Manaqer or his desiqnee'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 planning sorvices direotor's County Manaaer or his desianee'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. c. Time Limitations on Appeals. Any appeal that has not been acted upon bY the APPLICANT within six months of the applicant filina the appeal will be determined to be withdrawn and cancelled unless extended bY the SCC. Further review and action on the appeal will require a new application subiect to the then current code. Page 112 of 156 SUBSECTION 3.AA. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats A. Preliminary Subdivision Plat Requirements 1. 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 existinq approved PSP's. The applicant may chose to abandon/cancel any PSP that was approved prior to February 11, 2004 in the event that the FSP has not been approved. If the applicant chooses to abandon. then the only 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. Any portion of the oriqinal PSP for which a Final Plat has not been approved would therefore require a separate Final Plat accordinq to procedures in effect at the time of submittal. * * * * * * * * * * * * * B. Final Plat Requirements * * * * * * * * * * * * * 3. General Requirements for Final Subdivision Plats * * * * * * * * * * * * * e. Subdivision performance 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 performance security shall be required. Subdivision performance security shall be required of an independent special-purpose government such as a community development district (COD). The subdivision performance security shall be in one of the following forms: (1) Cash deposit agreement with the county. (2) Irrevocable standby letter of credit. (3) Surety bond. (4) Construction. Maintenance and Escrow agreement with tho firet mortgageo of the entiro final &ubdl,,'islon plat. Page 113 of 156 (5) Funds held by the bond trustee for a community development dictrict '.'vhich are designated for subdivision improvements. The COO shall enter into a construction and maintenance agreement with the county in a form acceptable to the county attorney. The construction and maintenance agreement shall provido that (a) all permits required for the construction of the required subdi'liskm improvements shall be obtained by tho COD prior to recording of the plat, (b) the project as defined in the COD's bond documents mu!;t include the required subdivision improvementc and cannot be amended or changed 'Nithout the consent of the county, and (c) the developer !;hall be required to complete the required improvement!; should the COD bil to complete samo. SUBSECTION 3.BB. AMENDMENTS TO SECTION SUBMITTAL REQUIREMENTS IMPROVEMENT PLANS 10.02.05 FOR Section 10.02.05 Submittal Requirements for Improvement Plans, of Ordinance 04-41, as amended, the Collier County Land Oevelopment Code, is hereby amended to read 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' professional engineer 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 confirmation 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. ª'- 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. Ourin9 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 Page 114 of 156 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. &:- 9. 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 record shall 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 performed during the construction. ª'=- 11. 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 performance security has been submitted, the engineering review director may recommend to the board that it draw upon the subdivision performance security or otherwise cause the subdivision performance 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. 9-:- 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 performance security provided by the applicant. If no sale of lots or issuance of building permits 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 performance 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 performance security posted by the applicant shall be retained for the warranty period between preliminary and final acceptance in lieu of the required Page 115 of 156 * * * maintenance agreement and subdivision performance security to provide funds for any repairs, maintenance, and defects occurring during this warranty period. 4.(h 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. 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 ::ldministrator manaqer or his designee. All water and sewer facilities 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 Ordin3nce No. 88 76 Utilities Standards and Procedures Ordinance [Code ch. 134, art. III], 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. * * * * * * * * * * * * F. SIP Requirements for the Nonconformina Mobile Home Park Overlay Subdistrict. 1. Pre-application meetinQ reQuirements. Prior to makina an application to submit an SIP. the property owner and/or aaent is required to have a pre-application meetina with Collier Countvplanninq staff. Coordinatina this process will be the responsibility of the assiqned planner who will establish a date for the meetina and will advise other review staff to attend the meetina. The owner of the property or aaent representina the owner shall brina to the meetina a survey plot plan showina the location of all buildinas and structures. and preferably a draft plan showina the proposed layout of buildinas and infrastructure improvements. The aDDlicant shall consult with the Immokalee Fire Department and the Immokalee Sewer and Water Oistrict prior to the pre-application meetina. Within 90 days after the pre-application meetina. the owner/aaent shall submit the SIP application and supportina documents. Failure to submit a formal SIP shall cause a citation to be issued to the propertv which may culminate in the requirement to remove all buildinas and structures as provided above unless otherwise prohibited bv state law. 2. SIP submission reQuirements. preparation standards and notes. a. An application for an SIP on a form prepared bY Collier County shall be sianed bY the owner or aaent of the property owner in the form of an affidavit as indicated on the application form. Page 116 of 156 b. A survey plan showinq all buildinas and structures. their uses and the actual size of the structures. c. A site improvement plan showina the proposed location of all buildinas, and all required infrastructure. drawn to scale on a 24" x 36" sheet(s) iIIustratinq the followinq information: I. Park name, address and phone number of aaent preparina the plan and address and phone number of the property owner. ii. Folio number(s) of property and total site area. Hi. Zoninq desiqnation and land use on subject and adjacent property. iv. North arrow, scale and date. v. Landscapina, proposed and existina. vi. Parkina spaces. vii. Setbacks and space between buildina measurements. viii. Location and arranaement of inaress/earess points. ix. Type of surface of all access roadways leadina to the park and within the park. x. Location of all structures in the park (units. office. accessory buildinq, etc.) xi. Location of dumpster or trash container enclosure. xii. Location and heiqht of walls and/or fences. xiii. Where applicable. dimensions of lots. width of internal streets and desian cross-section of streets and drainaae improvements. d. Plans do not have to be siqned and sealed by a professional enqineer, however. plans must be prepared by a person havina knowledqe of draftinq skills and basic enaineerina construction standards which may include a paraprofessional associated with a professional enqineerina. architectural, landscape architectural firm or licensed contractor. e. Prior to approval of the SIP the county buildinQ inspector will identifv all mobile homes not meetinq minimum housinq 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 meetinQ the housinq 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 oriainal SIP. a. The number of units aooroved on the SIP will be allowed to remain. exceot for those identified substandard units which must be removed in accordance with the timeframes referred to in section 10.02.05 F.2.e. above. so 10nQ as the requirements of the approved SIP are imolemented and a buildina permit has been obtained for each unit. Page 117 of 156 h. A riaht-of-wav permit shall be required. This permit shall be obtained prior to approval of the SIP. A COpy of same shall be submitted to the assioned planner. 3. Landscapina: Landscape improvements shall be shown on the SIP, either separatelv or collectivelY on the same sheet as the site plan. Existinq trees mav be credited pursuant to section 4.06.04 D. of this code. a. The plan shall be prepared bY a landscape architect. landscape desioner or landscape contractor or paraprofessional associated with such a firm and havino knowledoe of Florida plant material and p!antino requirements. Landscape plans do not need to be sioned and sealed when prepared bv a licensed landscape architect. b. Landscapina requirements are as follows: i. A ten-foot wide landscape buffer. with one sino Ie hedoerow and trees spaced 30 feet on center alono property lines abuttino a riaht-of-wav. ii. Trees spaced 50 feet on center alono internal boundary lines. iii. Permitted trees include live oak. svcamore. red maple. and sweet oum. Under electrical transmission lines, simpson stopper. maonolia, east Palatka holly. and dahoon holly trees are permitted. iv. Fixed irrioation systems which shall include two irrioation bubblers per tree. 4. Imolementation time frame: The site improvement plan shall be implemented and park improvements shall be made in accordance with the followino timeline commencino from the date of SIP approval. Number of Lenoth of time units/oroiect 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 # of Phases Phase Timelines Implementation Timeline 18 months 1 18 months 30 months .2 18 months--First ohase 30 months--Second chase 42 months ª 18 months--First ohase 30 months--Second ohase 42 months-- Third ohase 54 months ~ 18 months--First chase Page 118 of 156 30 months--Second ohase 42 months-- Third ohase. 54 months--Fourth ohase b. Buildina permits must be obtained for each unit when relocated and replaced within an approved park. otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. SUBSECTION 3.CC. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits J. Cultivated Tree Removal Permit. 1. Cultivated Tree Removal Permit. Cultivated Tree Removal Permits are required for the removal or relocation of any tree or palm that has been installed by man and is not part of a preserve. Movinq a tree from one location to another shall not be considered removal: however. a permit shall be obtained. A maximum of 10 trees per five (5) year period may be removed with a Cultivated Tree Removal Permit. However. prohibited exotic tree removals are exempt from this requirement, except when they have been used to meet minimum code landscapinq standards. Naturally occurrinq landscapes shall require a Veqetation Removal Permit: refer to section 10.02.06 C. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicabilitv. The provisions of this section are applicable to all development except for sinqle family home sites. However. such homes must maintain the minimum landscape code required trees per section 4.06.05. An owner. or an aqent of the owner may apply for a permit. If the applicant is an aqent of the owner. a letter from the property owner indicatinq that the owner has no rejection to the proposed tree removal shall be submitted with the application. 3. Criteria for removal of cultivated landscapina. The Landscape Architect may approve an application for veqetation removal based on the followinq criteria: a. A tree can not be maintained by proper canopy. root Drunina or root barriers and has become a safety hazard to pedestrian or vehicular traffic. utilities, or to an existinq structure. b. A tree is qrowinq too close in proximity to another tree(s) to permit normal qrowth and development of the affected tree(s). c. Other public health and safety circumstances as determined bY the county landscape architect. Page 119 of 156 4. Aoolication reauirements. An application for Cultivated Tree Removal Permit shall be completed and submitted to the County Manaaer or his desiqnee. The application shall include the followina: a. Proof of ownership such as a warranty deed or tax statement. b. A site plan depictina the location of proposed trees to be removed. proposed replacement or relocated trees. buildinas. paved areas. structures and utilities. The County Manaaer or his desiqnee may require that said plans be prepared by a landscape architect reaistered in the State of Florida when the tree removal exceeds 10 trees. If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals. the County Manaaer or his desianee may require that a tree survey of the site be prepared and submitted to the County Manaaer or his desianee for review. c. A letter of approval of the tree removal from the Homeowner and or Master Association if applicable. d. Addressina Check List. 5. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has aareed to fulfill one (1) of the followina conditions: a. That the minimum code required tree. if transplanted. will be moved, established and maintained usina proper arboricultural and horticultural practices and as outlined in section 4.06.05 of the Code. b. That the minimum code required tree(s), if destroyed. be substituted with an equivalent replacement or replacements. approved bY the county landscape Architect. planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowina replacements to establish a mature canopy spread. based on usual qrowth characteristics. SUBSECTION 3.DD. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES Section 10.02.13 Planned Unit Oevelopment (PUD) Procedures, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to reåd .' as follows: 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 determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Page 120 of 156 * d. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board EAC where applicable. * * * * * * * * * * * * J. Planned unit development districts application processina. An application for a planned development rezonina, amendment or chanae will be considered "open" when the determination of "sufficiencv" has been made and the application is assianed a petition processina number. An application for a planned development rezonina. amendment or chanae will be considered "closed" when the petitioner withdraws the subject application throuah written notice or ceases to supplv necessary information to continue processina or otherwise activelv pursue the rezonina. for a period of six months. An application deemed "closed" will not receive further processina and an application "closed" throuah inactivity shall be deemed withdrawn. The County Manaaer or his desianee will notify applicant of closure. however, failure to notify bv the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened bv submittina a new application, repayment of all application fees and arantina of a determination of "sufficiencv". Further review of the project will be subject 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 rezonina and in accordance with the approved master plan of development. require that suitable areas for streets, public riahts-of-wav. 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 neaotiated amount no Qreater than the market value of the set aside land prior to the rezonina action. as determined bv an accredited appraiser from a list approved bv 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 writina bv the county manaaer or his desianee, so as to establish the amount of any impact fee credits resultina from said dedication. Failure to provide said appraisal within this time frame shall automaticallv authorize the county to determine the market value of the set aside propertv. Impact fee credits shall onlv be effective after recordation of the document convevina the dedicated property to Collier County. Where the term Collier County is used in this section. it shall be construed to include the Collier County Water and Sewer District or other aaencv or dependent district of Collier County Government. 2. Land set aside and/or to be improved as committed in the PUO document. or master plan. as the case may be. shall be deeded or dedicated to Collier County within 90 days of receipt of notification bv the county that the property is needed for certain pendina public improvements or as otherwise aPQroved bv the board of county commissioners durina the PUD rezonina approval process. In any case. however. the county shall take title to the set aside property. at the latest. bva date certain established durina. and conditioned on. the approval of the PUD zonina. At no cost to the countv. 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 bv 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 rezonina the subject parcel from its current PUD zonina district to an appropriate zonina Page 121 of 156 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 aareed 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 of land upon which said improvements are to be made. or at a specified time provided for within the PUD document. L. Common open space 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 followina: 1. The PUO shall provide for and establish an oraanization for the ownership and maintenance of any common open space and/or common facilities. and such oraanization shall not be dissolved nor shall it dispose of any common open space or common facilities, bv sale or otherwise, except to an oraanization conceived and established to own and maintain the common open space or common facilities. However. the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the oraanization established to own and maintain common open space or common facilities. or anv successor oraanization, shall at anv time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUO master plan of development. the development services director may serve written notice upon such oraanization and/or the owners or residents of the planned unit development and hold a public hearina. If deficiencies of maintenance are not corrected within 30 days after such notice and hearina, the development services director shall call upon any public or private aaencv to maintain the common open space for a period of one year. When the development services director determines that the subject oraanization is not prepared or able to maintain the common open space or common facilities. such public or private aaencv shall continue maintenance for yearlv periods. 3. The cost of such maintenance by such aaency shall be assessed proportionallv aaainst the properties within the PUD that have a riaht of enjoyment of the common open space or common facilities and shall become a lien on said properties. SUBSECTION 3.EE. AMENDMENTS TO SECTION 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 Section 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, of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: 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 * * * * * * * * * * * * * Page 122 of 156 B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances. for planned unit development (PUOJ rezonina extensions. In the case of an application for extension of PUO zoninQ 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 PUO extension. whether initiated by the Applicant or the BCC, shall only be heard by the BCC pursuant to the notice and advertisinQ requirements set forth in sections 10.03.05 8.8. and 9. of this code. 2. In the case of PUD extensions pursuant to sections 10.02.13 CA., 10.02.13 C.5.a. and 10.02.13 C.6. of this code, a sian shall be posted at least 15 days prior to the date of the hearinq before the BCC and shall conform to the applicable siqn requirements listed in subsections 3.c.. 3.d., 4 and 5 below. 4-:- ~ 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: OATE: 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 MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. C. The sian advisina of the PUD extension hearina shall be in substantiallY the followinq format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) EXTENSION TO PERMIT: BCC) DATE: TIME: (set forth alternatives qoinq to the Page 123 of 156 ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILOING, 3301 E. TAMIAMI TRAIL. NAPLES. FLORIDA, 34112. çL 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. &- ii. For properties one acre or more in size, the sign shall measure at least 32 square feet in area. 2-,. 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 subject property. ð,. 5. 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 signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the pl;:1nning services depmtment County ManaQer or his desiqnee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public 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 pl;:1nning services dep;:1rtment direotor County ManaQer or his desiQnee 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 Page 124 of 156 identifies the approximate geographic location of the subject property. ê-:- !L 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 pl;:mning cervices department County ManaQer or his desiQnee. 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 newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. 9-: .11. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning I 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. 4G-:- 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. Development of Reaionallmpact (DR/) Procedures. 1. PUrDose. The DUrDOSe of this section is to set forth the requirements for the establishment of DRls, the amendment of DRI development orders and the abandonment of ORis. 2. Notice of Plannina Commission Hearina. a. Sianaae. The sionaae requirements adyertisina Collier County Plannina Commission hearinas shall be as set forth in subsections 10.03.05 B.3. throuah B.5. of this code. The required sian shall be in substantiallY the followina format: Page 125 of 156 PUBLIC HEARING REQUESTING DEVELOPMENT OF REGIONAL IMPACT APPROVAL/AMENDMENT OF A ORI DEVELOPMENT ORDER/ABANDONMENT OF DRI STATUS (select applicable option) TO PERMIT: (Sufficientlv clear to describe the project) OATE: TIME: TO BE HELD IN THE BCC MEETING ROOM. COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING. 3301 E. TAMIAMI TRAIL. NAPLES, FLORIDA, 34112. b. Notice to Property Owners. The individual notice to property owners for the Collier County Planninq Commission hearinq shall be as set forth in subsections 10.03.05 B.6.. 10.03.05 8.8., and 10.03.05 B.9. of this code. c. Newspaper advertisement. The requirements for the newspaper advertisement of the Collier County Planninq Commission hearinq shall be as set forth in subsection 10.03.05 B.7. of this code. 3. Plannina Commission HearinQ. The PlanninQ Commission shall hold one advertised public hearinq on the proposed establishment of the OR!. amendment of ORI development order or abandonment of DRI development order. as the case may be. 4. Notice of BCC Hearina. a. Notice to Property Owners. The individual notice to property owners shall be as set forth in subsection 10.03.05 B.11. of this code. b. Newspaper advertisement. The requirements for the newspaper advertisements of the BCC hearinq shall be as set forth in subsection 10.03.05 B.1 O. of this code and subsection 380.06 (11 ). Florida Statutes. as may be amended. 5. BCC Hearina. The BCC shall hold one advertised public hearinq on the proposed establishment of the DRI. amendment of DRI development order. or abandonment of DRI development order. as the case may be. Upon conclusion of the hearinq. the BCC' may immediatelv adopt the resolution approvinq the establishment of the DR!. amendment of DRI development order. or abandonment of DRI development order. as the case may be. 6. Statutory Requirements. All statutory requirements as set forth in subsections 380.06 (9) throuqh (12). 380.06 (19) and 380.06 (26). Florida Statutes. as may be amended. toqether with the implementinq requlations applicable to ORis set forth in the Florida Administrative Code shall applv. G-: 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. Page 126 of 156 * * * * * * * * * * * * * * * Q.,. E. Notice and public hearing requirements where proposed amendment iñitiated by the board of county commissioners would change the zoning map designation of a parcel or parcels involving ten contiguous acres or more of land in the county or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. Ordinances or resolutions initiated by the board of county commissioners which propose to change to the zoning map designation of a parcel or parcels of land involving ten acres or more of land, or which changes the actual list of permitted, conditional or prohibited uses of land within a zoning category shall be enacted or amended pursuant to the following minimum public notice and hearing requirements: * * * * * * * * * * * * é:- E. Public participation requirements for rezonings, PUD amendments, conditional uses, variances or parking exemptions. 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 G 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 cørviaoc dopartmont County Manaqer or his desiqnee 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 ownefs 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 Ðorvioes department County Manaqer or his desiqnee. * * * * * * * * * * * * Page 127 of 156 * * * * f-:. G. Planning commission hearing and report to the board of county commissioners. * * * * * * * * * * * * G,. H. Nature of requirements of planning commission report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in 10.02.12 D. shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: * * * * * * * * * * * * Þh 1. Adequate public facilities. The petitioner may provide all required existing community and public facilities and services for the requested rezone needs in anyone of the following manners: * * * * * * * * * * * * h J. Other proposed amendments. When pertaining to other proposed amendments of these zoning regulations, the planning commission shall consider and study: * * * * * * * * * * * * J.:. K. Restrictions, stipulations and safeguards. The planning commission may recommend that a petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district. The governing body, after receiving the recommendation from the planning commission on a request to amend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the growth management plan. .1. Restrictions, stipulations and safeguards attached to an amendment, supplement, or establishment of a zoning district may include, but are not limited to those necessary to protect adjacent or nearby landowners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding density, height, connection to central water and sewer systems and stipulations requiring that development take place in accordance with a specific site plan. The maximum density permissible or permitted in a zoning district within the urbån designated area shall not exceed the density permissible under the density rating system. The board of county commissioners shall be required to condition and limit the density of a zoning district to a density not to exceed the maximum density permissible under the density rating system. The governing body may also stipulate that the development take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the governing body in accordance with the growth management plan and sections 10.02.12 D. and 10.02.08 L. Any restrictions, stipulations and safeguards attached to an amendment or rezoning including those identified in section 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by the county to be appropriate and informative to the public. In cases where stipulations, restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All conditions, restrictions, stipulations and safeguards which are a condition to the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All costs, including reasonable attorney's fees shall be awarded to the Page 128 of 156 * governmental unit if it prevails in such suit. 4-: £. Dedication of public facilities and development of prescribed amenities. a. Public facility dedication. The board of county commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-ot-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 such public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser 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 Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90-day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer Oistrict or other agency or dependant district of Collier County Government. b. Land set aside and/or to be improved as committed as part of the rezoning approval 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 otherwise approved by the board of county commissioners during the 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 condition on, the approval of the rezoning action. 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, at the developer's sole expense, except as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day appropriate time frame noted above may result in a recommendation to the board of for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may in a violation of this Code pursuant to section 8.08.00. c. Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone. K:- L. Status of planning commission report and recommendations. The report and recommendations of the planning commission required by section 10.02.08 D. through H. shall be advisory only and not be binding upon the board of county commissioners. * b M. Board of county commissioners: action on planning commission report. * * * * * * * * * * * Page 129 of 156 * * M:- N. Failure of board of county commissioners to act. If a planning commission recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the board of county commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that board of county commissioners may refer the application to the planning commission for further study. N,. O. Limitations on the rezoning of property. * * * * * * * * * * * * Go P. Applications for rezones to a specific use. The applicant for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for which application has been made. As a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property. p.,. a. Waiver of time limits. The time limits of (N) above may be waived by three affirmative votes of the board of county commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County. ~ R. Site development plan time limits. Approved final site development plans (SOPs) only remain valid and in force for two years from the date of approval unless construction has commenced as specified in section 10.02.03 of this Code. If no development, i.e., actual construction, has commenced within two years, measured from the date of such site development plan approval, the site development plan approval term expires and the SOP, is of no force or effect; however, one amendment to the SOP, may be approved, prior to the expiration date, which would allow the SOP as amended to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined by the provisions of section 10.02.03 of this Code. R... S. Rezoning application processing time. An application for a rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning, amendment or change will be considered "closed" when the petitioner . . withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn. An application "closed" through inactivity shall be deemed withdrawn. The planning EorvicoE dop3rtment Countv ManaQer or his desiQnee will notify the 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 by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. * * * * * * * * * * * * SUBSECTION 3.FF. AMENDMENTS TO APPENDIX A STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS Page 130 of 156 Appendix A Standard Legal Oocuments for Bonding of Required Improvements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX A STANDARD LEGAL PERFORMANCE SECURITY DOCUMENTS FOR BONDING 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 b.!;!oard of GCommissioners for guaranteeing the completion of required improvements with respect to this GCode. Adherence to the forms will assure an expeditious review by the aDevelopment s~ervices aOepartment and the Collier County aðttorney'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 Umprovements by the aDevelopment s~ervices aDepartment or the GCounty aðttorney's eOffice. These specimen forms may be revised from time to time by resolution of the b.!;!oard of GCounty GCommissioners. IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full name.. aAå street address. and telephone number of Issuer) (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 "Applicant") (insert Applicant's current business address). BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Offico of the County .^.ttornoy, Collier County Courthouso Complox EnaineerinQ Review Services. 2800 North Horseshoe Orive, 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 ORAFT(S) AT SIGHT DRAWN ON THE ISSUER ANO ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEOL Y 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: "Orawn 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 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. Page 131 of 156 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Oocumentary Credits (+98ð 1993 Revision) International Chamber of Commerce Publication No. 400 500. ~;~ ~f By: _ (insort title of corpor~te officor mUGt bo signed by ProGidont, Vice President or Chiof r=.__ .':..- ~ (Name of Issuer) Bv: Printed Name/Title (President, Vice President, or CEO) (Provide proper Evidence of Authoritv) Page 132 of 156 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (NAME OF OWNER) (AODRESS OF OWNER) (hereinafter referred to as "Owner") and (NAME OF SURETY) (ADORESS/TELEPHONE NUMBER OF SURETY) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly 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 perform 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 harmless 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 formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Oevelopment Regulations. The term "Amendment," wherever used in this Bond, an"d whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of (Ownor'£> ':itno£>£> and £>ignature block) (Surety's ':fitness and signature block) (notary and aoknowledgment fer both Ol/mer and Suroty roquirod) WITNESSES: (Owner Name and Title if COrDoration) Bv: Printed Name Printed NamelTitle (Provide Proper Evidence of Authoritv) Page 133 of 156 Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS OA Y 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: (Suretv Name and Title if Corporation) Bv: Printed Name Printed Name/Title (Provide Proper Evidence of Authoritv) Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEOGED 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 10ENTIFICATION. Notary Public - State of (SEAL) Printed Name Page 134 of 156 CONSTRUCTION, MAINTENANCE ANO ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this day of , 20 by (description of entity) (hereinafter "Oeveloper"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIOA, (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 inch:Jde 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 of this 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 Oevelopment 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 of the Required Improvements. E. Developer and the Board have acknowledged that the amount Oeveloper is required to guarantee pursuant to this Agreement is $ I and this amount represents 110% of the Oevelo'per's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Oeveloper 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 terms 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 ás· are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Oirector who shall approve the release of the funds on deposit not more than once a month to the Developer, 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 Oevelopment 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 (1) 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; Page 135 of 156 (b) The County, or its authorized agent, will complete the work called for under the terms 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 carry out 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 on Iv those tAe specified funds to the Oeveloper. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Oeveloper of the Lender for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered oomplete for preliminary approval until a statement of substantial completion by Oeveloper's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Oirector for compliance with the Collier County Subdivision Regulations. 7. The Development Services Oirector 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 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 if they 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 Oeveloper. 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 Agreement:· to include closina the account. or disbursinq any funds from the account without first requestina and receivina written approval from the County. . 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Oevelopment Services Oirector. 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 terminated. 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 of the terms, 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_. I:' == I ¡Developer Name] AND DE~IVERED IN THE PRESENCE ~ Page 136 of 156 ~. . Printed or Printed or :;::,~~,. "I~~~ =-- . - Printed or T: _..J "I~~~ rI [')... Printed or Printed or =-- . T. ._ _..J "L - - Printed or . I\TTEST: OWIGHT BO/\RO OF E. BROCK, CLERK COUNTY _ Deputy Clerk COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Ch3irm:m Approved DE: to form ~:md log31 sufficioncy: _ r"_, .~.. SIGNEO IN THE PRESENCE OF: (Name of Entity) ª-ï;. - 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 ª-ï;. , Chairman Approved as to form and leaal sufficiency: Assistant County Attorney Page 137 of 156 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBOIVISION IMPROVEMENTS THIS CONSTRUCTION ANO MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of , 20 between hereinafter referred to as "Oeveloper," 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 Oeveloper 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, Oeveloper and the Board do hereby covenant and agree as follows: 1. Oeveloper 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 final project records have been furnished to be reviewed and approved by the Development Services Oirector 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 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 Oirector refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Oeveloper 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 Oeveloper has terminated, the Oeveloper 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 Oevelopment Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance 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. Page 138 of 156 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Oevelopment Services Oirector to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance 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 Oevelopment Services Director. The Oevelopment Services Director may grant the request for a reduction in the amount of the subdivision performance 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 performance 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 performance 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 Oeveloper to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are anº- 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, SEALEO [Oo'lelopor Name] I\NO OELlVEREO IN THE PRESENCE ~ D.,. Printed or Printed or ~ "I~~~ ~ . Title Printed or T. ._ _ -' .. I- ATTEST: DWIGHT BOARO OF E. BROCK, CLERK COUNTY _ Ooputy Clork COMMISSIONERS OF COLLIER COUNTY, FLORIDA 8y: Chairm::m Approved as to form ::md log:lI Euffioionoy: r"_.._ - SIGNEO IN THE PRESENCE OF: (Name of Entity) By: Printed Name/Title (President. VP. or CEO) (Provide Procer Evidence of Authority) - Printed Name Page 139 of 156 - Printed Name ATTEST: DWIGHT E. BROCK. CLERK By: OeDuty Clerk ADDroved as to form and leaal sufficiency: Assistant County Attorney BOARO OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~ . Chairman Page 140 of 156 CONSTRUCTION AND M/\INTEN/\NCE I\GREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY OEVELOPMENT DISTRICTS THIS CONSTRUCTIOÞ-J AND MAINTEN.^.NCE /\GREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (thiG "Agroomont") is ontored into thiG day of , 20 by ::md among , :m i.n.dop~ndont spocial diGtrict and body politic of tho Stato of Florida (tho "District"), \tRa- "9&Volopor") and tho BO/\RO OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID." (tho "Board"). RECIT I\LS: A. SimLJltaneoLJGly herewith, the Developer has applied for Board approval of that certain plat of tho subdiviGion to be kno'J.'n aG (the "Pbt"). 8. Chaptors 1 and 10 of tho Collier County Land Oe'lelopment Code (tho "Code") roquires tho OiGtrict and the Do'.'elopor to provide certain guarantooG to tho Board in connoction with tho construction of tho improvomonts requirod by tho Plat. C. Tho DiGtrict and the Dovelopor desiro to provide the roquirod guarantooG to the Board horeby. NOW, THEREFORE, in conGideration of the foregoing promises and the mutual covenantG hereinaftor Get forth, tho DiGtrict, tho Dovoloper and tho Board do horeby covenant and 3greo aG follows: OPER.^.TIVE PROVISIONS: 1. RÐf6Jirefi .'mpro'IÐments. The DiEtrict will cause to bo conGtrLJcted: (colloctively, the "Required Improvements"). Subject to Paragraph 3 hereof, the Required ImprovomontE ':IiII be conEtructed within thirty Gix (36) monthE from tho d3te that the Board appro'leG the Plat. 2. SeGurity fer RefufFefi Impr-ovements. ^ constrLJction fund (the "Construction Fund") has boon eGtablished by reGolution of tho DiGtriot adopted on , 19.'20 (oirole one) (tho "Bond ReEolution") from which tho COGt of oonstruction of the Roquired ImprovomontE shall bo paid~ Tho ConGtruotion Fund Ehall bo held in tho cUEtody of a bond tru!>teo (tho "TruGtoo"). Proceod!> of bondE authorizod to bo iGsuod by tho District purEuant to tho Bond ROGolution shall bo depoGitod, at a minimum, in the Construction Fund aE follows: $ for OOGtG of the Roquired ImprovementE (the "ConEtruotion Amount") and $ repreGenting ton porcent (10%) of the Construction Amount (the "Resorve Amount"). The ReEerve Amount Ehall be retained as a resorvo in tho ConEtruction Fund purGuant to Paragraph 5 horeof. In addition to the foregoing, proceod£> of the BondG Eha1l bè dopoGitod ",·,ith tho Tru£>tee to be hold aE capitalized interoGt and which, togethor with intereEt oarned on tho Bond prooeodE depoEited in the Construotion Fund, shall bo Euffioient to pay intereEt on tho 80Rds during tho ( ) month period following the i!>suanoe thereof. In addition, prooeeds of the Bonds Ghall be deposites '.\'ith the Trustee in the Debt Service ROEorvo :'\coount eEtabliGhod by the Bond Resolution in an amount sufficient to pay approximately ( ) months of debt servioe on the BondE. There Ghall be Guffioiont monieE in the oonGtruotion fund to oonEtruct the required impro'Jements and all other improvementG authoriz-ed by the 80nd ReGolution, aE 'Noll a£> to fLJnd the ReEerve Amount. 3. CenstFt:Je#on of Ref/wires IFR3r-eWJmsnts. (a) Annexed herote and made a part hereof as Exhibit!\ is a Construction SohedLJle relating to the Required Improvements (the "Construotion Sohedl:Jle"). The District shall oommenoe sonstruction of the Required Improvements '....ithin ( ) days follo':.'ing written oonstruction appro'.<al to the Oistriot from the Development Servioes Oepartment and the issuanoe, sale ans delivery of the 80Rds (the "Commenoement Perios"). The Distriot will pursl:Je oonstrustion of the Required Improvements to substantial complotion ...Æhin ( ) months following the end of the Commencement Poriod (the "Construction Period"). Page 141 of 156 In the event the Distriot fails to: (i) oommenoe oonstruotion of the Required Improvements within the Commonoement Poriod; or (ii) substantially complete oonstruotion of the Required Improvoments prior to the expiration of the Construotion Poriod, upon 'Nritten notioe to Developer by the Board, Dovelopor Ghall immediately become responsiblo for the oonGtruotion of the Roquirod Improvomonts. Tho oblig:3tion to oonGtruct tho Roquirod ImprovomentG v:ithin tho ConGtruction Poriod Ghall bo a joint obligation of both tho DiGtrict and tho Dovoloper. 4. De'¡/GIepr-RBAt ServiÐÐs Df,"'ÐGW,r"S PreNmiAary /\ÐÐepWAÐÐ of RÐfl:Jired 1r:R¡Jr-ÐVÐr-ReRts. Tho Oovelopmont servioos Oirootor shall not considor the Roquired Improvoments oompleto until a Etatoment of oompletion by tho Distriot's or Doveloper's oonGulting ongineorG, together with the final projoct rocords rolated thoreto, ha'Je boen furniGhed for roview and approval to the Dovolopment SorvioeG Oirector of Collior County, Florida (the "Director") for complianco with the Codo. Within sixty (60) days of receipt of the statement of oomplotion from tho District, tho Oireotor shall eithor (a) notify the Distriot or Devolopor, in writing, of itG proliminary accoptanoe of tho Roquirod ImprevemontG; or (b) notify the OiGtrict or Developor, in writing, of his rofusal to preliminarily :Jccept tho Roquired Impro'lemontG, therewith Gpeoifying those conditions that tho DiGtrict or Dovelopor must fulfill in ordor to obt:Jin the Dovelopmont Services Direotor's Proliminary Aocept:Jnce of the Roquirod Impro'.'omonts. In no ovent shall the Board refuGe Proliminary J\oceptanco of the Requirod Improvoments if thoy aro constructod and submitted for appro":J1 in acoord:Jnce 'J:ith tho requiremontG of this Agreement. (b) 6. MaiRÆm::1RÐÐ ami Resorle AmouR!. Tho Distriot or Oeveloper, :JG the oase may be, shall maintain all Roquired Improvoments for a minimum of one ye:Jr :Jfter preliminary approval by tho Development Servioes Direotor. Aftor the one year maintenanoe period by tho DiGtriot or Oovelopor and upon submiGsion of a 'Nritton roquest f.or inspoction, the Dovelopment SórvioeG Diroctor or his dosignee &hall inspect the Required Improvemonts and, if found to bo Gtill in oompli:Jnoe with tho Codo sh:J1I recommond :Jpprov:J1 to the Board. Tho DiGtriot or Doveloper'G responGibility for maintonance of the Required ImprovomentG sh:J1I oontinuo unless or until tho BO:Jrd :Jooepts maintenanoo responGibility for the County. Sums oqual to tho ReGorve ,^.mount Ghall be maint:Jined by the Trustee on depo&it in the Construction Fund until tho final approval of tho Roquired Improvoments. The Board sh:J1I roflect its aoknowledgment of such finding by notifying the DiGtriot, in 'Nriting, of its final approval of tho Roquired Impro'/oments. Upon reoeipt of notice of suoh final appro'fal, the Distriot shall no longer be roquirod undor this Agreement to maintain tho Rosorve Amount on doposit in the Construotion Fund. In tho event that during tho inspection the Oireotor finds that :JII or &ome portion of tho Requirod Improvements are not in oomplianoe with the Code, the Direotor shall promptly specify, in v:riting, to the Oistriot those deficioncies that must be corrected in order to bring tho Roquired Improvemonts into oompliance 'Nith the Codo. The Distriot Ehall apply tho Roserve .^.mount to payment of the oost of correcting such dofioienoios. In the evont tho Distriot failG to pursue Guoh oorrootivo action, the Developer Ghall bring the Required ImprovomontG into complianoo ""lith the Codo. Upon oorreotion of tho specifiod deficioncios and v:ritton notioe thoreof, the Oirector Ghall gain inspoot tho . Roquirod ImprovemontG and, if found to bo in complianoe with the Codo, shall submit such findingG to tho Board for itG final approval thereof. 6. Plat ReGorEiatioR. The parties aokAowledges that this Agreement is a "ConstruotioR and Maintenanoe Agroement of Subdi·.'ision Impro':ements" '::¡thin the meaning of, and moeting the requirementG ostabliGhed by, Division ~.2.9 of the Code. Tho parties acknowlodge and agree that following the Board's approval of the Plat: a. The Developer shall not be entitled to reoord the Plat until the Board rooeives: (1) WrittaFl Reliee fFSm the TFl::Jstae that sums at least equal to the Construotion .^.mount and Reserve Amount are on depoGit in th~ Construotion Fund (the "Trustee Notioe"); (2) WritteR Retie9 frem DistriGt amJ the Trustee that: (a) The 'i)rejeGt for '.\'hish bond prooeeås have been reoei'Jod by Distriot inoludes the Required Improvements; (b) Sl::Joh Bond prooeeås are sl,Jffioient to finanoe the Required Improvemonts as ':Jell as all other improvements to be finanoed by the Bonds (oolleotively "the Projeot") and to fund the Page 142 of 156 RoceNe Amount. The Tructee's repfosentation that fundG are Gufficient to finanoe the Projoot for which Bond proooedc have boen reooiyod ac ':1011 ac: to fund tho RocoNo :\mount ic based upon tho Oictrict Engineor's ostimation of oonctruction costs which ic: att::lOhod heroto and incorporatod horein; ~nd (0) Tho ProjeGt c~nnot 130 amendod or ohangod '::ithout the concent of tho Board (tho "Projoct Notico"); (3) .^. feprosoAtation and warranty from tho Dil:1triot that all go':ornmontal pormitc to enable tho Distriot to commence oonstruotion of the Roquirod Improvementc: havo boen obtainod ("Permit Warranty"); and b. Upon rooeipt by (of.] tho 80ard of tho Tructoo Notioo, Project Notioe and the Pormit Warranty, Dovoloper shall bo ontitled to rocord tho Plat without further oondition, other than paymont of any relatod reoording foos octablichod by opplioablo 1m': and tho oxeoution of tho Pklt by all roquirod parties. 7. Liability. Tt:'Io County shall have no liability Il:hotsoovor to the bond holders. Neithor tho enforcemont of tho tormc of thic Agrooment by tho County nor tho failure to onforoo cuoh tormc shall creato any liability whatsoover to the bond holdors, tho Dictrict, or tho DO'Joloper. Any disclocure document propared by the Oistrict or Developer in tho offering of such Bonde; shall provido a ct~temont oc deccribod above rolating to tho laok of liability of tho County. 8. MisGÐ/JaRÐOEJS. /\11 of the terms, oovononts and oonditions herein oontained are, and chall be, binding upon tho recpeoti..,e cucoessors and ocsignc of the Dictrict, Do'¡elopor and Board. By exeoution belov.', the Tructee chall o'Jidenoe its ookno'J:ledgment of and acsent to tho mattorc 3ddresced horein. !\ny notice, domand, roquol:1t or instrumont ~uthorized or roquired to bo givon or mado hereby chall bo doomed to have boon gi'Jon or m~do whon cent by cortified mail, roturn reoeipt requested, to tho appropriato party at their 3ddrosc cot forth bolo'/.': To tho District: T~ ~h~ - To tho Board: c/o County Manogor Collior County Govornmont Conter 3301 East Tamiami Tr3il N3ploc, Florid3 33962 With a Copy to: Collior County .^,ttornoy Collier County Govornment Centor 3301 EaGt Tamiami Trail N3plos, Florida 33962 To the Trul:1tee: IN WITNESS 'NHEREOF, the Distriat, tho De':eloper and the Board have oaused this Agreement to be executed by their duly authorized representatives aG of thic day of 20 SIGÞ-JEO, SE/\LED DISTRICT: - AND DELIVERED IN THE PRESENCE ~ ATTEST: Distriot 8y:_ ItG: ~ - '.^.fitness DIiVELOPER: DEVELOPER: 'NitnoGs D. . u~. Page 143 of 156 !',TTEST: O\^./IGHT BO/\RO: 80/\RO E. BROCK, Clerk OF COUNTY By:_ COMMISSIONERS OF COLLIER COUNTY, FLORIOJ\ By: Ch:3irm::m Approved as to form and Leg:31 C". _ County ^ Acknowledged and assented to: - as Trustee under the 'Nithin mentioned Bond Resolution By:_ Its: - D:3to: Page 144 of 156 CONSTRUCTION ^NO MAINTiN/\NCE :\GREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION I\ND Ml\INTEN/\NCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS PRIOR TO RECORDING OF PLAT .^.GREEMENT entorod into this day of I 20 botwoon horeinafter roforred to 3S "Oo'.'eloper," and tho Board of County Commis~ionors of Collior County, Florida, horeinafter referred to as tho "Board." RECITALS: 1. Developer has, simultanoously with the delivery of thi~ l\greemont, appliod for the appro\'al by the Board of a oertain plat of a subdivision to be kno'A'n as: 2. Division 3.2 of tho Collior County Land Development Code allow£ the Developer to oonstruot the improvomont~ roquirod by ~aid subdivision regulation~ prior to rooording tho final plat. NO'N, THEREFORE, in oonsidemtion of the foregoing premises and mutual oO'Jonants heroinafter set forth, Doveloper and the Board do horeby covenant and agree as follo'."Æ: 1. Oeveloper will cause to be oon~tructod: '/.'ithin month~ from tho date of approval of said subdivision plat, said improvoment~ heroinaftor roforred to as tho required improvomont~. 2. Developor hero'Nittl agrees to oonstruot said improvements prior to rooording said subdivision plat and tho Board of County Commie:sionerc e:hall not approve the plat for rocording until ~aid impro'/oment~ have been completod. 3. Upon oompletion of said improvemente:, the Developer e:hall tendor it~ subdi'.'i~ion performanco e:ocurity in tho amount of $ whioh roprosonts ten poroont of tho total contract cost to complote oonstruction. Upon receipt of ~aid e:ubdivi~ion performance ~ecurity by the Do'/olopmont Servioes Director, the Dovoloper may request tho Board of County Commissionors to approvo the subdivie:ion plat for rooording and grant preliminary approval of said plat. 4. The required improvements shall not bo oonsidered oomplote until a !:>tatoment of !:>ubstantial oomplotion by De'.'oloper'!:> engineer along with tho final projeot rocords hO'.'e beon furnishod to be re'.'io'l.'ed and approved by the Developmont Sorvices Director for compliance with the Collier County Land Devolopment Code. 6. The Oe'.'elo3ment Sorvices Direotor shall, within sixty (60) days of reoeipt of tho statement of sub~tantial completion, either: a) notify tho Oevoloper in writing of his . proliminary appro\'al of the improvemont!:>; or b) notify the Oe'/oloper in writing of his rofusal to appro'le the improvoments, therov.'ith speoifying those oondition!:> whioh the developer mu~t fulfill in oFaer to obtain the Dirootor'!:> 3pproval of the improvoments. However, in no ovent shall the Development Servioes Diroctor refuse preliminary approval of the improvomont!:> if they are iA faot constructed and !:>ubmittod for approval inn aocordanoe 'Nith tho requirements of this Agreement. 8. The Developer shall maintain all re~uir~d impro'¡ements for a minimum period of one year after preliminary appro'.<al by the Development Servioe!:> Oirootor. .^,fter the one yoar maintonanoe period by the Dovoloper has terminated, the Devolopor shall petition the Developmont Service!:> Direotor to in!:>peot tho required improvemonts. The Dovolopmont Servioes Direotor or his designee shall inspect the improvements and, if found to be still in oomplianoe '.\lith the Collier County Land Development Code as refleoted by final approval by the Soard, the Soard shall release the ten peroent subdivision performance security. The Do'.'eloper's responsibility for maintenanoe of the required improvements shall continuo unlos!:> or until the Board aocepts maintenance responsibility for the County. 7. In the event the De':eleper shall fail or negloct to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may oall upon the subdivision performance security to seoure satisfactory completion, repair and maintonanco of the required improvements. The Board shall havo the right to construct and maintain, or Page 145 of 156 rouse to Be constr\;;lotod and maintained, purs\;;Iant to p\;;lblic advertisement and recoipt of ;c~~p~ce of biGs, tho impro\'omonts roquirod horein. The Dovoloper, as principal undor the subdivision porrormanco security, shall bo liablo to pay and to indemnify the Board, upon completion of such construotion, tho final total cost to the Board thoreof, inoluding, but not limited to, engineering, logal and contingont costs, together with any damages, oithor diroct or consoquential, which the Board may sustain on account of tho failuro of tho Dovelopor to fulfill all of tho provisions of this /\grooment. 8. 1\11 of the terms, covenants and conditions herein containod aro and shall be biding upon the Developor and the rospootive successors and assigns of the doveloper. IN WITNESS WHEREOF, the 80ard and the Developer havo oaused this Agroement to be oxeoutod by thoir duly authorized represontati'.'os this day of , 20 Witnossos to (entitv) (DeveloDer Name) Dovolopor By: _ -- (printed name and 00et Witnessos to ( ontity) Lender (Londer Name) By: _ (printod ~~-~ _...,., .\ ATTEST: D'NIGHT BO.^.RD OF E. BROCK, CLERK COUNTY - COMMISSIONERS - OF COLLIER COUNTY FLORIDA By: Chairman ^ppro'/od as to form and legal suffioionoy: _ r"~. .L. ,'. SUBSECTION 3.GG. AMENDMENTS TO APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION Appendix C Final Subdivision Plat, Required Certifications and Suggested Text and Formats for Other Required Information, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPIiNDIX C FINAl8U8DIVI810N PLAT, RIiQUIRIiD C&RTIFIC/".TION8 AND SUGGESTED TEXT AND FORMI\TS FOR OTHER REQUIRED INFORMATION 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 preparers crecaration of those platting materials required to be submitted to reviewing authorities, including the ~Eroject fReview s§.ervices eOepartment, ~Utilities eDivision, sCounty t:.Health eOepartment, sCounty aðttorney and the aBoard of sCounty sCommissioners. Adherence to this format and text will substantially expedite review. Substantial deviation in substance or form from the suggested text and format may result in delay or disapproval of the submitted plat. SURVEYOR'S CERTIFICATE SURVEYOR'S CERTIFICATE Page 146 of 156 1:::;1::, I! Iss The undersignod hereby oertifios th::1t this plat ':JaS prepared by mo or under my suporvision and th::1t tho depioted survey d::1t::1 complies ,,','ith ::111 of the roquiremonts of Ch::1ptor 177, P::1rt I, Florida St::1tutec. Perm::1nent reforence monuments .....iI! bo sot prior to the rocording of this pl::1t ::1nd permanent control points ::1nd lot oornors v.'ill bo set prior to fin::11 ::1ccept::1nco of roquirod improvements. I HEREBY CERTIFY THAT THIS PLAT WAS PREPAREO FROM A BOUNDARY SURVEY OF THE PROPERTY PERFORMEO BY ME. OR UNOER MY SUPERVISION, AS PROVIDEO IN CHAPTER 177.041 FLORIDA STATUTES AND THAT THIS PLAT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177, PART 1. AS AMENOEO. FLORIOA STATUTES. IT IS FURTHER CERTIFIEO THAT ALL PERMANENT REFERENCE MONUMENTS WILL BE SET PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL POINTS ANO LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE REQUIRED IMPROVEMENTS. =; 'P~\ I ;~ . -. o.L.\ I Florida Professional Land Surveyor No. D::1te I (sianature) (TYPED OR PRINTEO NAME HERE) Include Florida Professional Land Surveyor No. DATE COUNTY COMMISSION APPROVAL COUNTY CI:~~~~::~OV[ I SS STATE OF FLORIDA COUNTY OF COLLIER This plat approved for rooording in a regular open moeting by the Board of County Commissionors of Collier County, Florida, this day of , 20 1\.0., provided that tho plat is filod in tho office of tho Clork of the Circuit Court of Collier County, Florida. THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIOA. 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 County Commissioners Collier County, Florid::1 OWIGHT E. BROCK CLERK OF CIRCUIT COURT IN ANO FOR COLLIER COUNTY (Name of Chairman), CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA FILING RECORD FILING RECORD I hereby Gortify that this plat has beer¡ examined by me and that it oomplios in form with the requirements, of Chaf')ter 177, Florida Statutes. I furthor oertify that s::1id plat was filed for reoord at (::1.m. or p.m.) this day of , 20 , A.D. ::1nd duly reoordod in Plat Book Page(s) . inolusive. of tho Public Rocords of Collier County, Florida. I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS. OF CHAPTER 177. FLORIOA STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT Page 147 of 156 (a.m. or D.m.) THIS DAY OF OUL Y RECORDED IN PLAT BOOK PAGE(S) THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA. . 20 . ANO , INCLUSIVE, OF I ,Clork By: DWIGHT E. BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY ENGINEERING SERVICES ENGINEERING REVIEW SERVICES Thie: Plat approvod by tho Engineoring Roviow Servioee: Sootion of tho Community Dovolopmont Divie:ion of Collier County, Florida thiE: day of , 20; A.D.. THIS PLAT APPROVED BY THE ENGINEERING SERVICES OEPARTMENT OF THE COMMUNITY OEVELOPMENT OIVISION OF COLLIER COUNTY. FLORIDA THIS OAYOF ,20 I ~ ~~g~n~~~irngc:~~O~ ~~~ces Director Col , I (TYPED NAME) ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER COLLIER COUNTY, FLORIDA COUNTY ATTORNEY COUNTY /\ TTORNEY Thie: Plat approved by tho Collior County Attorney thie: day of 20 ,AO. THIS PLAT APPROVEO BY THE COLLIER COUNTY ATTORNEY THIS ,20 OAY OF I ¡;:- ;~lIior County I , .ttorn (TYPED NAME) ASSISTANT COUNTY ATTORNEY DEOIC/\TIONS DEDICATIONt:;':I::or I! STATE OF FLORIDA COUNTY OF COLLIER 188 (o'Nner(e:)), the ownor(&) of (namo of e:ubdivie:ion) to be KNOW ALL MEN BY THESE PRESEt-JIS that lanGe: de&cribed hereon, havo caue:od thie: plat entitled made and do horeby: KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(Sn . THE OWNERCS) OF THE LANDS DESCRIBEO HEREON. HAVE CAUSED THIS PLAT ENTITLED (NAME OF SUBDIVISION) TO BE MADE AND DO HEREBY: ^. Oodioato to Collior County or the public: 1. The right& of way or depiotod s:troots:, roads, or ingrese: & ogroe:s: oa&emontc a& s:ho\A:n hereon for the purpose of 3COe&&, ingrecs: & egroES: and any othor purpoe:oc e:hown. 2. Any traots or eae:ements intended to be oon'Jeyed to the publio for e:uoh purposee: as: thoy may bo roquired, Le., canal righte: of \N-ay/oae:emontE:, drainage or s:torm'llater management eae:ements. B. To Collier County Wator Sevo'er District or any other applioable entity: Le., Page 148 of 156 Immok:Jloe W:Jtor Sowor District, otc.: 1. all 'Nater and sower utility facilitios constructed ':,dthin this platted aroa, upon accoptance of tho improvomonts roquirod by tho :Jpplicablo land dovolopment regul:Jtions. 2. To Collier County Wator Sewor Oistrict (or any othor :Jpplicablo entity: i.e., Immokalee '.^lator Sewor District, otc.) indicated. C. Dedicate to tho insert appropriato ontity name(s) home/proportyflot O\\'ners' association, or to any othor b\vfully existing entity, which must havo the pmvor or authority to porform tho obligation to maintain boing dodicatod, along with tho responsibility for such m:Jintonance: 1. Privato road rights of 'Nay, 2. Orainago or stormwater managemont oasements, 3. Landscapo buffor oae;emonts, 4. Lake maintonanco eaGoments, 5. /\ccess oasemonts, 6. Or any othor similar easoment or tract intended to bo dedicated for a sot purpose(s) Suoh traots or oasemontG must be dedicatod to a homeowner's association or to any othor :Jwfully exiEting ontity which has or would have at the timo of final plat rocording tho power or authority to porform the obligation to maintain, along '.vith the rosponsibility for such maintenanoo. O. ^ non exoluEive public utility e:Jsomont (P.U.E.) to alllioonsed or franchiEed public or private utilitioE as sho'l.'n on this plat for public utility purposes, including conEtruction, in&tallation, maintonanco, and operation of thoir respoctivo facilitio&, including cablo tolovision servicos, providod that Guch usos be Gubjoct to, and not inconsistont ':lith, the UGO by tho Collior County Wator Sowor Oistrict. In tho event a cablo company damago& tho facilitios of another public utility it will be solely responsible for said damagos. A. OEDICATE TO THE (insert homeowners' association or leQal entity) 1. Private road riahts-of-way. as follows: TRACT uRn AS A PRIVATE ROAO RIGHT-OF-WAY (R.O.W.) (insert street name) SUBJECT TO THE EASEMENTS OEPICTED HEREON (insert easements: i.e.. R.O.W.. C.U.E..P.U.E.. D.E.. etc.) WITH RESPONSIBILITY FOR MAINTENANCE. 2. OrainaQe or stormwater manaQement easements as follows: ALL ORAINAGE EASEMENTS (O.E.) FOR STORMWATER MANAGEMENT PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE. 3. Landscace buffer easements as follows: ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) 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 Page 149 of 156 set purpose, or purposes. 7. All conservation/preserve areas/easements as follows: ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEOICA TED AS COMMON AREAS WITH PERPETUAL RESPONSIBIL TY FOR MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION or PRESERVE) AREAS INCLUDE. BUT ARE NOT LlMITEO TO, CONSTRUCTION OR PLACING OF BUILOINGS ON OR ABOVE THE GROUND: DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH: REMOVAL OR OESTRUCTION OF TREES. SHRUBS. OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL: EXCAVATION. DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING: ANY OTHER ACTIVITIES DETRIMENTAL TO ORAINAGE: FLOOD CONTROL. WATER CONSERVATION, EROSION CONTROL. OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. Such tracts. or easements must be dedicated to a homeowners' association, or to any other lawfully existinq entity which has. or would have at the time of final plat recordinq, the power or authority to perform the obliqation to maintain. alonq with the responsibility for such maintenance. B. DEDICATE TO COLLIER COUNTY: 1. The public riqhts-of-way (insert name) or depicted streets. roads. or access. as follows: TRACT "A" AS A PUBLIC ROAO 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 USEO INCONSISTENT WITH. THE USE OF THE RIGHTS-OF-WAY BY COLLIER COUNTY FOR ROADWAY PURPOSES INCLUOING. BUT NOT LlMITEO TO, PAVEMENT, ROADWAY DRAINAGE. BIKE LANES, SIDEWALKS. ANO PATHWAYS. ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) WITHOUT RESPONSIBIL TY FOR MAINTENANCE AND SUBJECT TO THE CONDITIONS OF THE OEDICA TION IN PARAGRAPH A. 7. (name of appropriate paraqraph) ABOVE. 2. Anv tracts or easements intended to be conveyed to the public for such purposes as they may be required, Le.. canal riqhts-of- wav/easements. drainaqe or stormwater manaqement easements. preserve/conservation areas/easements. etc.. to include. but not be limited to the followinq 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 ror any other applicable entitv: Le.. 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. includinq the riqht of access to perform 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 requlations. includinQ those set forth in the Code of Laws and Ordinances. Chapter 134. Page 150 of 156 D. DEOICATE 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, INSTALLATION. MAINTENANCE. AND OPERATION OF THEIR RESPECTIVE FACILITIES. INCLUOING CABLE TELEVISION SERVICES. PROVIOED 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. Recorvo to tho (ctato appropriato owner entitY(E) namo(E)): E. RESERVE TO THE (appropriate owner entity(s) name(s)): 1. 8,any tracts intended for "Future Development," or being retained for other stated, specific and allowed purposes. BE SURE TO PROVIOE A SEPARATE ACKNOWLEDGMENT FOR EACH OWNER I ~NESSES: -I BY:_ WITNESSES: (NAME OF ENTITY) By: PRINTEO 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 10ENTIFICATION. NOTARY PUBLIC - STATE OF (SEAL) PRINTEO NAME ACKNO'.!VLEDGMENT 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. W.^.IVER /\ND RELEASE NOTE: On , of 20 tho owner(E) exeouting tho Dedioation, aE tho holdorE of reoo~d title or other .speoified intereEtÐ, expreEEly 'Nai'led and reloaEed the County from any olalmE of vOEtod nghtE and equitable estoppel pertaining to tho iEsuance of a Cortificate of Publio Facility Adoquaoy in aooordanoe with Collier County. Page 151 of 156 PLEASE NOTE: AT THE APPLICANT'S DISCRETION, MORTGAGEE'S CONSENTS AND ACKNOWLEDGMENTS IN SUBSTANTIALLY THE FOLLOWING FORM MAY BE PROVIDEO AS A SEPARATE INSTRUMENT AS SET FORTH IN § 177.081(2), F.S., AODITlONAL RECOROING FEES MAY BE REQUIRED IF SUCH SEPARATE CONSENTS ARE PROVIDED. MORTG/\GEE'S CONSENT MORTGAGEE'S CONSENT STATE OF t FLORIDA ~ COUNTY OF t COLLIER STATE OF COUNTY OF (mortgagee), ::1utherized to tmns::1ct business in the State of Florida, hereby certifies that it is tho holder of ::1 mortgage upon the herein described property as reoorded on O.R. Book , P::1ge of the Public Records of Collier County, ::1nd does hereby join in and consent to the dedic::1tien of the property by the owner, ::1nd agrees that its mortgage Gh::111 be subordinated to the dedications e:ho'l.'n hereon. (mortaaaee) ,AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA. HEREBY CERTIFIES THAT IT IS THE HOLOER OF A MORTGAGE UPON THE HEREIN DESCRIBED PROPERTY AS RECORDEO IN O.R. BOOK . PAGE OF THE PUBLIC RECORDS OF COLLIER COUNTY. AND DOES HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE PROPERTY BY THE OWNER. AND AGREES THAT ITS MORTGAGE SHALL BE SUBOROINATED TO THE OEDICATIONS SHOWN HEREON. ~~~ TITLE (NAME OF ENTITY) (sianature) (TYPED NAME AND TITLE) ACKNOWLEOGMENT STATE OF COUNTY OF THE FOREGOING MORTGAGEE'S CONSENT WAS ACKNOWLEOGED BEFORE ME THIS OA Y OF , 2004. BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS 10ENTIFICATION. NOTARY PUBLIC - STATE OF (SEAL) PRINTED NAME 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 PROVIOE A SEPARATE ACKNOWLEOGMENT FOR EACH MORTGAGE Page 152 of 156 SUBSECTION 3.HH. AMENDMENTS TO APPENDIX H LDCIUDC COMPARATIVE TABLES Appendix H LDC/UDC Comparative Tables, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX H - LDCIUDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LDC in effect prior to the September 27, 2004 October 18. 2004, effective date, and the LDC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LDC prior to the Septomber 27, 2004 October 18. 2004, effective date. The LOC has been revised into a Chapter format as of the Soptember 27th, 200-1 October 18, 2004 date. The contents of this Appendix are as follows: 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 - Overlay § 2.2.27. created 2.2.29-:28. Zoning Oistricts by Supp. 16 (Ord. 2.2.27. in Chapter 03-27), revised in 4 4.08.00 Supp. 18 (Ord. 04-08) 2.2.29 2.2.29.1. - Chapter 2 2.03.07 G.6. 2. 2.2.29.3. - Chapter 10 10.02.05 F. Section created 4. and in Cvcle 2. 2004 2.2.29.5. (2) after the LOC and (6) recodification. 2.2.29.5. Chapter 4 4.02.33 (1), (3), (4) and (5) ss. 2.2.30. NRPA-2.03.08 C Revised in SUDD. Page 153 of 156 (NRPA) & I 18 (Ord. 04-08) 2.2.31. NBMO - 2.03.08 (NBMO) 0 * * * * * * * * * * * * * 2.4.4. Chapter 4 4.06.05 - §. 2.4.4. General revised in Landscape Supp. 17 (Ord. Requirements 03-55) 2.4.4.14. Chaoter 4 4.06.04 O. Sub-section Chapter 4 4.06.01 - 2.4.4.16. Generallv * * * * * * * * * * * * * 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 16 5.04.03 - (Ord. 03-27) Temporary 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 18 Specific (Ordinance 04- Situations 08) 2.6.34. Chapter 5 5.04.06 - Annual (see Beach Events alsoADDX. G Permit 2.6.35. Chapter 5 5.05.09 - Revised in Communication Supp. 18 (Ord. Towers 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 (Ord. Dwellina Units 04-08) 2.6.39. Chapter 2 2.03.07 - Overlay Added in Supp. TORs Zoning Districts 18 (Ord. 04- 08). 2.6.40. Chapter 2 2.05.02 - Density Added in Supp. Density Blending 18 (Ord. 04-08) BlendinQ 2.7. Portions revised in Page 154 of 156 Supp.16 (Ord. 03-27) 2.7.1. This section is not needed and is not included in the UOC. 2.7.2. 2.7.2.1. & Chapter 10 10.03.05 Notice Revised in 2.7.2.2. Requiroment£.. . Supp.17 (Ord. 10.02.08 - 03-55) Submittal ReQuirements 2.7.2.3. - Chapter 10 10.03.05 - Notice Revised in 2.7.2.16. Requirements.. . SUPP.17 (Ord. 03-55) 2.7.3. Chapter 10 10.02.~ ~- Revised in PUO Procedures Supp. 17 (Ord. 03-55) and § 2.7.3.5. revised in Supp. 18 (Ord. 04-08) 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 1 0 10.02.06 - Submittal. . . 2.7.7. Chapter 2 2.06.00 - AHDB Revised in Supp.17 (Ord. 03-55) 2.8. Chapter 5 All in Portions of Div. § 5.05.08 - 2.8. were Architectural carried over Standards, into Div. 2.4. by EXCEPT Supp. 17 (Ord. 2.8.3.3.2. 4.06.02 C 03-55) SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be Page 155 of 156 renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Oepartment of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 10th day of November, 2004. BOARD OF COUNTY OF COLLIER COUNTY, FLORIOA ¡ß~ d& DONNA FIALA, CHAIRMAN By: Patrick G. ite Assistant County Attorney Page 156 of 156 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-72 Which was adopted by the Board of County Commissioners on the 10th day of November 2004, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of November, 2004. " "". . 'J. . ''-¡:..'~'" ;/1./)" .-~,.~ì ......... \'~C', DWIGHT E. BROC.IÇ.'·..·· .... ':~. ' Clerk of cour::.~~<~~·tf·~fk..... ";;" " f f" . D '...:i f· ~ ,- Ex-o J.CJ.O to' piV~,rw 0 : "..,. ~::', '.--.... \......................:.. , ............ ~~...... . ...... ,. County Commì~ìor¢~á" )\\~~;-. : ~1 ~ ~ a· ~'~..~.,. ,...;,....~:..;;._,.~;.;.:èJt{):''', ., ~ ,:.i)C " '.;'. ';",,-1. ". . , " , .. ül '. ,- '\ ~ . ,I.';, ' I - - . I .........".. ",\.» , - : Heidi R .Rò;i~:h~!i-~¿f,~ . -. ' Deputy Clerk