Backup Documents 09/24/2013 Item # 9A2AMENDING 2004 -66 9 -24 -13
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS I uo—
To: Clerk to the Board: Please place the following as a:
X Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
Originating Dept/ Div: Operations and Regulatory Management Person: Caroline Cilek, Senior Plaimer
Date: Wednesday, August 28, 2013
Petition No. (If none, give brief description): N/A
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other:
Requested Hearing date: September 24, 2013
Notice to run: Wednesday, September 4, 2013
Notice to run not later than: Friday, September 6, 2013
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
❑ Other
X Legally Required
Proposed Text: (include Title of the Ordinance /Resolution (or just write in see attached document), legal description, common
location & size): Please see the two attached legal ads.
Please publish the following public notices in your edition of Wednesday, September 4, 2013. Please furnish proof of
publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and
Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs:
Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131 - 138909- 634999; Purchase Order
Number: 4500140284; Account Number: 068779
Reviewed by:
?e
Divisio Administrator or Designee
Date
P.O.# 4500140284
List Attachments: Two Legal Ads. The proposed Ordinances will be furnished closer to the hearing date.
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE N �,, J
Date Received: 3 Date of Public hearing: _ —v'T ► Date Advertised: 9-�Hs
Ann P. Jennejohn v A2
From: Rodriguez, Wanda
Sent: Thursday, August 29, 2013 8:21 AM
To: CilekCaroline; Minutes and Records
Cc: Ashton, Heidi; Neet, Virginia; Wells, Laura
Subject: RE: Legal Ad request for BCC on 092413 w/ run date 090413
Caroline,
The change below needs to be made to the first paragraph of the ad for the Code of Laws ordinance.
Otherwise everything looks good.
Notice is hereby given that on Tuesday, September 24, 2013, in the Board of County Commissioners Meeting Room, 3rd
Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier
County Board of County Commissioners will consider amen, -moms to the (-nllior GG Rty I=and development rnrlo_ the
enactment of a County ordinance....
I1-anda Rodri iquez, .`4(.'P
. Jtr, Cvart .cedCertiftedParrx.CegaC
Office of the County Attorney
(239) 252-8400
From: CilekCaroline
Sent: Wednesday, August 28, 2013 4:07 PM
To: Minutes and Records
Cc: AshtonHeidi; RodriguezWanda; NeetVirginia; WellsLaura
Subject: Legal Ad request for BCC on 092413 w/ run date 090413
Hi Minutes and Records,
Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for
approval prior to processing.
Thanks!
Caroline
Caroline Cilek, M.S., CFM
Senior Planner
Collier County
Growth Management Division
Phone: 239 - 252 -2485
carolinecilek @colliersov.net
< w, e mai. add resse„ uo ,)€;% k recowls, if you do poU e inail address re e ased ira respo ise to <_ puz}_ c erords t'equestt, C , ., ,t .ate =?d
mtrua c; ,.ail to tt enfiwy Instead aomlact this office by telephoine o, ;rr w €ling
9A2
August 28, 2013
Naples Daily News
1100 Immokalee Road
Naples, FL 34110
ATTENTION: LEGAL ADVERTISING
Please publish the following public notice in your edition on Wednesci;EtV, S, tern r 4:.:2013- Please
furnish proof of publication of each advertisement to the Collier County Growth Management Division,
Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples,
Florida 34104, Attention: Caroline Cilek.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 24, 2013, in the Board of County Commissioners
Meeting Room, 3td Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East,
Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments
to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the
proposed ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -66
THAT CREATED AN ADMINISTRATIVE CODE FOR COLLIER
COUNTY; PROVIDING FOR ADDITION OF SECTION 2 -13, FEES
RELATING TO LAND DEVELOPMENT; PROVIDING FOR THE
REPEAL OF EXHIBIT "A" RELATING TO FEES AND COLLIER
COUNTY CONSTRUCTION STANDARDS MANUAL; PROVIDING FOR
THE ADOPTION OF EXHIBIT "B ", ADMINISTRATIVE CODE FOR
LAND DEVELOPMENT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR CODIFICATION AND INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available
for public inspection in the Zoning and Land Development Review Section, Growth Management Division,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday.
Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth
Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled
hearing.
If a person decides to appeal any decision made by the Collier County Board of County
Commissioners with respect to any matter considered at such meeting or hearing, he will need a record
of the proceedings, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL
9A2
34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioner's Office.
Collier County Board of County Commissioners
Collier County, Florida
Georgia A. Hiller, ESQ., Chairwoman
9A2
Ann P. Jennejohn
From: CilekCaroline <CarolineCilek @colIiergov.net>
Sent: Thursday, August 29, 2013 8:31 AM
To: Rodriguez, Wanda; Minutes and Records
Cc: Ashton, Heidi; Neet, Virginia
Subject: RE: Legal Ad request for BCC on 092413 w/ run date 090413
Anne, thanks for making the change.
Caroline
Caroline Cilek, M.S., CFM
Senior Planner
Collier County
Growth Management Division
Phone: 239 - 252 -2485
carolinecilek @colliersov.net
From: RodriguezWanda
Sent: Thursday, August 29, 2013 8:28 AM
To: Minutes and Records
Cc: AshtonHeidi; NeetVirginia; CilekCaroline
Subject: RE: Legal Ad request for BCC on 092413 w/ run date 090413
Thanks Ann. Just so you know, Dinny and I will both be out of the office tomorrow, so after today we
will not be available to give final approval for ad proofs until next Tuesday. Hopefully we can get all
pending Wednesday ads reviewed sometime today...
1•Y'ar7c�rr. IZc�drr�7uez, ,�Ct'
.rldvcziaced Certified 2'araCegaC
Office of the County _`4ttorney
(23�)) 252 -8400
From: Ann P. Jennejohn [mailto: Ann .JennejohnCabcollierclerk.com] On Behalf Of Minutes and Records
Sent: Thursday, August 29, 2013 8:24 AM
To: RodriguezWanda; CilekCaroline; Minutes and Records
Cc: AshtonHeidi; NeetVirginia
Subject: RE: Legal Ad request for BCC on 092413 w/ run date 090413
I'II make that change before sending it, thanks Wanda!
Ann
From: Rodriguez, Wanda
Sent: Thursday, August 29, 2013 8:21 AM
To: CilekCaroline; Minutes and Records
Cc: Ashton, Heidi; Neet, Virginia; Wells, Laura
Subject: RE: Legal Ad request for BCC on 092413 w/ run date 090413
Caroline,
9A2
Acct #068779
August 29, 2013
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amending Ordinance 2004 -66
Dear Legals:
Please advertise the above referenced notice on Wednesday, September 4, 2013,
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500140284
d AM
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 24, 2013, in the
Board of County Commissioners Meeting Room, 3rd Floor, Building "F,"
Collier County Government Center, 3299 Tamiami Trail East, Naples,
Florida, 34112, the Collier County Board of County Commissioners
will consider the enactment of a County ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -66
THAT CREATED AN ADMINISTRATIVE CODE FOR COLLIER COUNTY;
PROVIDING FOR ADDITION OF SECTION 2 -13, FEES RELATING TO
LAND DEVELOPMENT; PROVIDING FOR THE REPEAL OF EXHIBIT "A"
RELATING TO FEES AND COLLIER COUNTY CONSTRUCTION STANDARDS
MANUAL; PROVIDING FOR THE ADOPTION OF EXHIBIT "B ",
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION AND
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of
the proposed ordinance are available for public inspection in the
Zoning and Land Development Review Section, Growth Management Division,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M.
and 5:00 P.M., Monday through Friday.
Furthermore, materials will be made available for inspection in the
Office of the Clerk to the Board, one week prior to the scheduled
hearing.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written material
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
9A2
If a person decides to appeal any decision made by the Collier County
Board of County Commissioners with respect to any matter considered at
such meeting or hearing, he will need a record of the proceedings, and
for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jennejohn
To: legals @naplesnews.com
Subject: Amending Ordinance 2004 -66
Attachments: Amends 2004- 66.doc; Amends 2004- 66.doc
Good Morning,
Please advertise the attached on Wednesday, September 4, 2013.
Thank you.
Ann Jenne john, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Ann P. Jennejohn 9A2-
From: Polidora, Carol < cpolidora @naplesnews.com>
Sent: Thursday, August 29, 2013 2:44 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UAS4F43 jpg
Hi Ann!
Please provide approval ASAP for publication on 09.04.13.
Have a great Labor Day Weekend ... I'm s0000 ready for an extra day off!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. 5hare.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date
08/29/13
Publication
NDN
Account Number
744102
Ad Number
1999754
Total Ad Cost
$290.34
i
9A2
AMENDS ORDINANCE 2004-66
ADMINISTRATIVE CODE
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 24, 2013, in the Board of
County Commissioners Meeting Room, 3rd Floor, Building "F.' Collier County
Government Centtr, 3299 Tamiami Trail East, Naples, Florida, 34112. the Collier
County Board of County Commissioners will consider the enactment of a County
ordinance. The meeting will commence at 9:00 A.M. The title of the proposed
ordinance is as followr
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-66 THAT CREATED AN.
ADMINISTRATIVE CODE FOR COLLIER COUNTY; PROVIDING FOR ADDITION OF
SECTION 2-13, FEES RELATING TO LAND DEVELOPMENT; PROVIDING FOR THE
REPEAL Or, EXHIBIT *A* RELATING TO FEES AND COLLIER COUNTY CONSTRUCTION
STANDARDS MANUAL, PROVIDING FOR THE ADOPTION Of EXHIBIT -B',
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR CODIFICATION AND INCLUSION IN THE CODE OF
LAWS, AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE
All interested parties are invited to appear and be heard. Copies of
the proposed ordinance are available for public inspection in the
Zoning and Land Development Review Section, GT=h Management Division,
2800 14, Horseshoe Drive, Naples, Florida, between the hours of 8:46 A.M. and 5-.00
P.M., Monday through Friday.
Furthermore, materials will be made available for inspection in The Office of the
Clerk to the Board, one week prior to the scheduled hearing.
NOTE: All persons wish.i ng to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organizationitiay be
allotted 10 minutes to speak an an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
ublic hearing, In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
. or to the public hearing. All material used in presentations before the Board will
become a permanent part of the record.
If a person decides to appeal any decision made by the Collier County Board of
County Commissioners with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings, and for such put-pose he may
need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you Are entitled, at 110 Cost TO YOU, to the provision
0 certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamlami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By-. Ann Jennejohn, Deputy Clerk
(SEAL)
September 4, 2013 No. 1949754
Ann P n 9 A 2
P. Jen e' �ohn
From: CilekCaroline <CarolineCilek @colIiergov.net>
Sent: Thursday, August 29, 2013 2:58 PM
To: Ann P. Jennejohn; Rodriguez, Wanda; Neet, Virginia
Subject: RE: Ad Confirmation
I think the ad language looks ok, however, there appears to be something funky going on with the spacing in the
paragraph immediately after ad language. Can that be fixed?
Caroline Cilek, M.S., CFM
Senior Planner
Collier County
Growth Management Division
Phone: 239- 252 -2485
carolinecilek@coIIiergov.net
- - - -- Original Message---- -
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Sent: Thursday, August 29, 2013 2:53 PM
To: CilekCaroline; RodriguezWanda; NeetVirginia
Subject: FW: Ad Confirmation
Please review a.s.a.p.; the ad will run Wednesday, September 4, for the Board's September 24th Meeting; Because
of the holiday weekend, I really need to give them the o.k. this afternoon.
Hopefully I'll be sending that other (LDC) ad along shortly.
Thank you!
Ann
- - - -- Original Message---- -
From: Polidora, Carol [ mai Ito: cpoIidora @naplesnews.com]
Sent: Thursday, August 29, 2013 2:44 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Hi Ann!
Please provide approval ASAP for publication on 09.04.13.
Have a great Labor Day Weekend ... I'm s0000 ready for an extra day off!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
Ann P. Jennejohn
9A2
From: Ann P. Jennejohn
Sent: Thursday, August 29, 2013 3:33 PM
To: Rodriguez, Wanda
Subject: RE: Ad Confirmation
Those two small paragraphs are always in the Board's notices.
It's actually been in our template for their meetings for years.
But, if you want me have NDN remove those two paragraphs,
I'll ask them do that, and (hopefully) they can fix the spacing...........
Ann
From: Rodriguez, Wanda
Sent: Thursday, August 29, 2013 3:17 PM
To: Ann P. Jennejohn
Cc: CilekCaroline; Neet, Virginia; Ashton, Heidi
Subject: RE: Ad Confirmation
Ann,
In addition to the spacing issues that Caroline pointed out, there are also two additional paragraphs
inserted that were not part of her original ad request. Those paragraphs deal with the 3 minute time
limit for speakers and the submission of materials to the board. Can you explain why this was added?
Wantfa Rodriguez, ACP
.rt.c�vancedCertified Paralegal
Off ice of the County -Attorney
(23c)) 252 -8400
- - - -- Original Message---- -
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Sent: Thursday, August 29, 2013 2:53 PM
To: CilekCaroline; RodriguezWanda; NeetVirginia
Subject: FW: Ad Confirmation
Please review a.s.a.p.; the ad will run Wednesday, September 4, for the
Board's September 24th Meeting; Because of the holiday weekend, I really
need to give them the o.k. this afternoon.
Hopefully I'll be sending that other (LDC) ad along shortly.
Thank you!
i -AiiTi1
- - - -- Original Message - - - --
1
� 2
Ann P. Jennejohn 9 ,
From:
Ann P. Jennejohn
Sent:
Thursday, August 29, 2013 4:16 PM
To:
'Polidora, Carol'
Subject:
RE: Ad Confirmation
Same story with this one ..... if those two paragraphs could please be removed; I highlighted the changes again in
these two attachments.
Also, is there any way the spacing gap, in the 3rd paragraph down can be fixed?
Sorry about the extra work!
Ann
- - - -- Original Message---- -
From: Polidora, Carol [mai Ito: cpolidora @naplesnews.com]
Sent: Thursday, August 29, 2013 2:44 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Hi Ann!
Please provide approval ASAP for publication on 09.04.13.
Have a great Labor Day Weekend ... I'm s0000 ready for an extra day off!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date
08/29/13
Publication
NDN
Account Number
744102
Ad Number
1999754
Total Ad Cost
$290.34
1
9A2
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 24, 2013, in the
Board of County Commissioners Meeting Room, 3rd Floor, Building "F,"
Collier County Government Center, 3299 Tamiami Trail East, Naples,
Florida, 34112, the Collier County Board of County Commissioners
will consider the enactment of a County ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -66
THAT CREATED AN ADMINISTRATIVE CODE FOR COLLIER COUNTY;
PROVIDING FOR ADDITION OF SECTION 2 -13, FEES RELATING TO
LAND DEVELOPMENT; PROVIDING FOR THE REPEAL OF EXHIBIT "A"
RELATING TO FEES AND COLLIER COUNTY CONSTRUCTION STANDARDS
MANUAL; PROVIDING FOR THE ADOPTION OF EXHIBIT "B ",
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION AND
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of
the proposed ordinance are available for public inspection in the
Zoning and Land Development Review Section, Growth Management Division,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M.
and 5:00 P.M., Monday through Friday.
Furthermore, materials will be made available for inspection in the
office of the Clerk to the Board, one week prior to the scheduled
hearing.
9A2
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 24, 2013, in the
Board of County Commissioners Meeting Room, 3rd Floor, Building "F,"
Collier County Government Center, 3299 Tamiami Trail East, Naples,
Florida, 34112, the Collier County Board of County Commissioners
will consider the enactment of a County ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -66
THAT CREATED AN ADMINISTRATIVE CODE FOR COLLIER COUNTY;
PROVIDING FOR ADDITION OF SECTION 2 -13, FEES RELATING TO
LAND DEVELOPMENT; PROVIDING FOR THE REPEAL OF EXHIBIT "A"
RELATING TO FEES AND COLLIER COUNTY CONSTRUCTION STANDARDS
MANUAL; PROVIDING FOR THE ADOPTION OF EXHIBIT "B ",
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION AND
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of
the proposed ordinance are available for public inspection in the
Zoning and Land Development Review Section, Growth Management Division,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M.
and 5:00 P.M., Monday through Friday.
Furthermore, materials will be made available for inspection in the
Office of the Clerk to the Board, one week prior to the scheduled
hearing.
If a person decides to appeal any decision made by the Collier County
Board of County Commissioners with respect to any matter considered at
such meeting or hearing, he will need a record of the proceedings, and
for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
9 A 2
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
A z
Ann P. Jennejohn
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Thursday, August 29, 2013 4:39 PM
To: Ann P. Jennejohn
Subject: Revised Ad Confirmation
Attachments: UAS8578 jpg
Not sure what happened there in Paragraph 3... All fixed now...
Thank you for placing your ad.
Date
08/29/13
Publication
NDN
Account Number
744102
Ad Number
1999754
Total Ad Cost
$233.58
9A2
AMENDING ORDINANCE 2004 -66
REVISED
NOTICE OF.INTENTTO CONSIDER ORDINANCE
Notice is hereby given thaton Tuesday, September 24, 2013, in the Board of
County Commissioners Meeting Room, 3rd Fioor, Building "F." Collier County
Government Center, 3299 Tamfami Trail East, Naples, Florida, 34112, the Collier
County Board of County Comm issioners wi I I consider the enactment of a County
ordinance. The meeting will commence at 9:00 A.M. The title of the proposed;
ordinance is as follows:
AN ORDINANCE OF
COUNTY, FLORIDA j
ADMINISTRATIVE CC
'A`
NDING ORDINANCE NCI.
FOR COLLIER COUNTY; PR
4TING TO LAND DEVELOP
.ELATING TO FEES AND COLI
PROVIDING FOR THE Al
jR LAND DEVELOPMENT: PF
G FOR CODIFICATION AND
AND PROVIDING FOR AN EF
1551ONER5 OF COLLIER
-66 TI4AT CREATED AN
N OF EXHIBIT RB*
i FOR CONFLICT AND
ON IN THE CODE OF
DATE.
All interested parties are invited to appear and be heard. Copies of the proposed
ordinance are available for public Inspection in the Zoning and Land Development
Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples,
Florida, between the hours of 9,00 A M. and 5:00 P.M., Monday through Friday.
Furthermore, materials wilt be made available for inspection in the Office of the
Clerk to the Board, one week prior to the scheduled hearing.
if a person decides to appeal any decision made by the Collier County $oard of
County Commiss►oners w it h respect to any matter considered at such meeting tar
hearing, he a��ill need a record of the proceedings, and for such ppurpose he may
need to ensure that a verbatim record of the proceedings Is made, which record
ncludes the teslirnony and evidence upon which the appeal �s to be based.
I #you are a person with 4 cilsability who needs any actomntodatlon in order to
participate in this proceeding, you ire entitled, at by cos# to you, to the provision
of terta, r }assistance. Please Contact the Collier Cpunt�++ Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Maples.
Flonda 34112, (239) 252 8380. Assisted listening devices for the hearing impaired
are available i the County Commissioners' Office.
BOARD OF COUNTY` COMMISSIONERS.
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
September 4, 2013 No. 1999754
9 A 2
Ann P. Jennejohn
From: Rodriguez, Wanda
Sent: Thursday, August 29, 2013 4:46 PM
To: Ann P. Jennejohn
Cc: CilekCaroline; Neet, Virginia; Ashton, Heidi
Subject: re: Revised Ad Confirmation
Attachments: UAS8578 jpg
This one is now goad to go; have a great holiday weekend everyone!
lVamfa Rodriguez, .ACP
.Advanced Certified PavategaC
Of :ice of the County Attorney
(239) 252 -8400
- - - -- Original Message---- -
From: Ann P. Jennejohn [ mailto :Ann.Jennejohn @collierclerk.c
Sent: Thursday, August 29, 2013 4:42 PM
To: RodriguezWanda; CilekCaroline
Subject: FW: Revised Ad Confirmation
The two paragraphs have been removed and the holes in that third paragraph
have been taken out.
Please review.
Thank you!
Ann
- - - -- Original Message---- -
From: Polidora, Carol [ mailto :cpolidora @naplesnews.com]
Sent: Thursday, August 29, 2013 4:39 PM
To: Ann P. Jennejohn
Subject: Revised Ad Confirmation
Not sure what happened there in Paragraph 3... All fixed now...
Thank you for placing your ad.
Date 08/29/13
Publication NDN
Account Number 744102
Ad Number 1999754
Total Ad Cost $233.58
Under Florida Law, e -mail adds esses are public fecmds. If you do riot want your e -mall address released in response to a public records request, do not send
electronic mail to this entity. instead, contact this office by telephone of in writing.
1
Naples Dail News 9A2
P Y
Naples, FL 34110
Affidavit of Publication
Naples Daily News
-------------------------------------------------- +------------- - - - - --
BCC /ZONING DEPARTMENT
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112
REFERENCE: 068779
59727601
4500140284
NOTICE OF INTEN
I NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 24, 2013, in the Board of
County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County
State of Florida Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier
County Board of County Commissioners will consider the enactment of a County
County of Collier ordinance. The meeting will commence at 9:00 A.M. The title of the proposed
ordinance is as follows:
Before the undersigned authority, pe
appeared Robin Calabrese, who on oath
she serves as the Advertising Director
Naples Daily News, a daily newspaper p
Naples, in Collier County, Florida: t
attached copy of advertising was publi
newspaper on dates listed.
Affiant further says that the said N
News is a newspaper published at Naple
Collier County, Florida, and that the
newspaper has heretofore been continuo
published in said Collier County, Flor
day and has been entered as second cla
matter at the post office in Naples, is
Collier County, Florida, for a period
next preceding the first publication o
attached copy of advertisement; and of
further says that he has neither paid
promised any person, firm or corporatil
discount, rebate, commission or refund
purpose of securing this advertisement
publication in the said newspaper.
PUBLISHED ON: 09/04
AD SPACE: 76 LINE
FILED ON: 09/04/13
Signature of Affiant
Sworn to and Subscribed bglf6re me
Personally known by me
AN OUNTYiNFLORIDA FAMENDING ROR4NA CE NO.C2004,661 THAT SCREATED LAN
ADMINISTRATIVE CODE FOR COLLIER COUNTY; PROVIDING FOR ADDITION OF
SECTION 2 -13, FEES RELATING TO LAND DEVELOPMENT; PROVIDING FOR THE
REPEAL OF EXHIBIT "A' RELATING TO FEES AND COLLIER COUNTY CONSTRUCTION
STANDARDS MANUAL; PROVIDING FOR THE ADOPTION OF EXHIBIT "B ",
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT; PROVIDING FOR CONFLICT AND
SEVERABRJTY;,PROVIDING FOR CODIFICATION AND INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
All interested partiesl are invited to appear and be heard. Copies of the proposed
ordinance are available for public inspection in the Zoning and Land Development
Review Section, Growth Management. Division, 2800 N, Horseshoe Drive, Naples,
Florida,, between the hours of 8 :00 A.M. and 5:00 P.M., Monday through Friday.
Furthermore, materials will be made available for inspection in the Office of the
Clerk to the Board, one week prior to the scheduled hearing.
If a person decides to appeal -any decision made by the Collier' County Board of
County Commissioners with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings, and for such purpose he may
need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the :hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
-- - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
� r
day of ! Gam, 20.6
MY COMMISSION # EE 851758
EXPIRES: November 28, 2014
Bonded Thru Pichard Insurance Agency
Clerk
CO 7EY Ci01414ty
Growth Management Division
9 A 2- ��"a�n
6kD aFn-�
Caroline Cilek, Senior Planner, M.S., CF
Growth Management Division,
Operations and Regulatory Manageme
Table of Contents for Administrative Code for Land Development and
Corresponding LDC Amendments Binder
September 11, 2013
1. Cross Reference Key
2. LDC Section Relocation Quick Guide
3. Statement of support provided by Mr. Mark White, Esq., AICP
4. Administrative Code for Land Development
5. LDC Amendments for Administrative Code for Land Development
6. Code of Laws and Ordinances Amendment
7. Hearing Examiner related LDC amendments: 8.10.00 - Hearing Examiner
and 10.02.03 F —Site Plan with Deviations for Redevelopment
Please note: All Ordinances and Resolutions are contained within the SIRE
package, Items 16 9A and 9B
9 A 2
Administrative Code and Corresponding LDC Amendments
Key for LDC Section Cross References
August 29, 2013
LDC section cross references in the Administrative Code and LDC Amendment
document:
• Reference to BLACK LDC sections = no language change within the section.
The LDC section is consistent with Municode and the current LDC.
• Reference to GREEN LDC sections = language change within the section.
The LDC section has been amended and the section can be found within the
LDC Amendment document.
Additional Administrative Code References:
• c* See Chapter X of the Administrative Code for additional information=
The identified chapter of the Administrative Code contains additional
relevant information.
• c* See LDC section XX.XX.XX. =The identified section of the LDC contains
relevant information.
1
I: \Admin Code 2012 \Current Work \Book Covers, Key and Supplemental Materials \Cross Reference Key
082913.docx9/9/2013 4:40 PM
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P
KANSAS CITY OFFICE:
S. MARK WHITE, ESQ., AICP
Admitted ua direenuri and Nort Carolina
CHARLESTON, SC OFFICE:
E. TYSON SMITH, ESQ., AICP
Admitted in Soutb Carolina and Florida
South Carolina Certified Civildfediator
ROSS A. APPEL, ESQ.
Admitted is Soutti Carolina
i29 SE 2ND STREET. SUITE 8
LEE'S SUMMIT, MO 64063
TEL 816- 221 -8700
l'VWW PLANNINGANDL AW.COM
9 A 2
September 11, 2013
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples, FL 34112 -5746
re: Administrative Code
Dear Members of the Board of County Commissioners:
The County is considering the adoption of an Administrative
Code as a tool to assist with the administration of its Land
Development Regulations (LDRs). I have worked with the
County since 2007 on its LDRs and, ultimately, the
Administrative Code. This letter summarizes the legal and
administrative benefits of an administrative code, and how it fits
in with national best practices for code administration.
I have a Masters in Urban and Regional Planning and law
degree, and have practiced as a professional planner for nearly
25 years. I am a member of the American Institute of Certified
Planners (AICP) with extensive planning experience throughout
the nation. Our firm has participated in development code
updates, zoning updates, and similar projects for over 150
communities in 36 states.
Based on my professional experience and judgment and
familiarity with this project, my opinion is that the
Administrative Code is a positive step forward for the County,
and will yield significant benefits in administrative efficiency
and economic development.
What is the Administrative Code?
The Administrative Code is a document that assembles the
procedures for getting property entitled for use or development.
While the LDRs establish the legal requirements for individual
procedures, the Administrative Code fills in the details. These
include the specifics about how to file applications, where to file
applications, what information to provide, and what to expect
after the application is filed. It is comprehensive, covering
every step of the entitlement process from preliminary stages
(such as comprehensive plan amendments) up through the end
of the process (such as zoning certificates). It also covers every
type of process, including legislative, quasi judicial, and
administrative procedures.
9A2
Board of County Commissioners of Collier County
September 11, 2013
Page 2
The County has already adopted an Administrative Code, taking
advantage of express statutory authority.1 The County has
adopted an administrative code ordinance pursuant to this
authority (Ord. 2004 -66, codified at Code of Laws Chapter 2,
Art. I, Div. 2, §§ 2 -10 to 2 -12). This Administrative Code would
extend this tool by supplementing Article 10 of the Land
Development Regulations.
It is common practice for land development agencies to adopt
supplemental codes like this one to assist in administering
LDRs. The State of Florida gives counties express authority to
adopt administrative codes, and this type of tool is rarely — if
ever — challenged in court.
This practice has a long history in the history of zoning and land
development regulation. For example, zoning and land
development review agencies often have their own rules of
procedure. Even in states with very basic enabling legislation,
Planning Commissions, Boards of Zoning Adjustments, and
other agencies typically have their own rules of procedure. In
addition, public works and engineering departments often
maintain technical specifications for infrastructure that are
maintained independent of subdivision or zoning regulations,
but that provide standards for new construction. In fact, the
County has adopted several handbooks and guides relating to
construction, such as the Collier County Right -of -Way
Permitting and Inspection Handbook and the Traffic Impact
Study (TIS) Guidelines and Procedures.
Purpose of Administrative Code
The Administrative Code serves several important purposes.
These include:
1. Consolidating the County's LDR processes. The
Administrative Code is a comprehensive document,
covering all processes. This includes not only the major,
legally required steps, but also internal processes and
workflows.
1 Florida Statutes § 125.74(1)0). In addition to this authority, the Board of
County Commissioners (BCC) has the authority to "[ a] dopt ordinances and
resolutions necessary for the exercise of its powers and prescribe fines and
penalties for the violation of ordinances in accordance with law." (FS §
125.01(1)(t)). Enumeration of the BCC's powers in Chapter 125 is non-
exclusive and broadly construed (FS § 125.01(3)).
Board o County Commissioners o Collie�CdR
.f tJ .f
September 11, 2013
Page ,3
2. Explaining the processes in plain language. The
Administrative Code is designed to be readily
understandable by people who use it — including
applicants, County staff, decision makers, and the general
public.
3. Providing a fluid set of processes. The Administrative
Code allows for quick, mid - course corrections when a
process, or procedural details, need to change.
Benefits of an Administrative Code
The Administrative Code will become an important tool for both
the County and applicants. Some of the key benefits are
explained under "Purpose of Administrative Code," above. In
addition to the overriding purposes of the Administrative Code,
there are a number of subsidiary benefits to the document.
These include:
i. Communication. The Administrative Code puts all of
the processes required by the LDRs in a single, easy to
use document. The document consolidates the
processes, eliminates guesswork by communicating them
in plain language, and shows show procedural steps work
together. This makes the County's development
approval processes easier to understand for applicants,
county staff, and affected neighborhoods.
2. Streamline development approval. Processes are
communicated in a way that is easier to understand than
the LDRs, and the County can make mid - course
corrections or improvements to administrative details
(such as application submittal requirements) without
engaging the full LDR amendment process. This will
make the application process smoother and easier to
understand.
3. Readability. The Administrative Code is far easier to
read and use than the current LDRs. The LDRs include a
chapter (Chapter 1o) devoted to procedures. However,
the procedures are scattered, do not follow a logical work
flow, and are difficult to read. In addition, many
procedures are scattered in other chapters of the LDRs.
The Administrative Code not only consolidates these
provisions, but it is designed for ease of use. It includes
concise language, visual cues and a common format for
&2
Board of County Commissioners of Collier Cou m y
September 11, 2013
Page 4
all procedures. This makes for the processes easier to
comprehend, both for individual permit workflows and in
terms of how they work together.
4. Maintenance & Codification. Unlike the LDRs, the
Administrative Code is maintained by County staff. It is
maintained as a Word document and pdf download.
This allows changes to be made and communicated to the
public as they occur — without the delays normally found
between ordinance adoption and formal codification on
Municode. This allows applicants and the general public
not only to find information quickly, but also to be
confident that the information is current.
5. Internal Consistency. The Administrative Code,
when combined with the accompanying LDR
amendments — makes the County's stated policies and
codes match its administrative practices. The current
LDRs do not always reflect how processes actually work
behind the counter. The Administrative Code and
accompanying LDR amendments bring current practice
in line with the County's written policies, minimizing
confusion by decision makers, staff, and applicants.
6. Quick changes. LDRs and their associated processes
are not static documents. There are external forces that
constantly require changes in processes. These include
changes in state or federal law, new technologies, and
economic conditions. We cannot always predict what
those changes will be. However, the County can set up a
way to quickly respond to these conditions with
amendments, additions, or deletions to the procedural
requirements or details. One of the advantages of an
administrative code is that the County can amend the
code by resolution, rather than by ordinance. Unlike a
zoning map or amendment to the text of the LDRs, an
administrative code amendment would not involve the
expense and delay associated with the normal LDR
review process. Because the Administrative Code is not
subject to the full LDR amendment process, it gives the
County the ability to make these changes quickly —
therefore allowing the County to stay ahead of its peers in
attracting economic development and improving quality
of life.
9A2
Board of County Commissioners of Collier County
September 11, 2013
Page 5
7. Transparency. Because the procedural work flows do
not always match the LDRs, the Administrative Code
makes these processes transparent. Processes are
described the way they work in practice. This minimizes
confusion, and helps build trust between applicants, the
County, and the general public.
8. Cost Efficiencies. Streamlined processes and
regulations will use County staff time better, and will
minimize development costs. This will save money for
both County taxpayers and applicants, and encourage a
more predictable and fair process.
Are there alternatives to the Administrative Code? The County
could improve its procedures through amendments to the LDRs,
or simply by changing submittal requirements, deadlines, or
other details on its application forms. However, an
Administrative Code is superior to these alternatives for several
reasons. First, LDR amendments would a significant amount of
detail to an already lengthy set of regulations. Many of the
details in the Administrative Code (such as County office
addresses, website URLs, etc.) are unusual for code and, when
they change, would require the full LDR amendment process for
updating. The Administrative Code provides a much speedier
and efficient way to keep the County's processes up to date.
Second, while the County's application forms can be updated
quickly, these updates should follow written County policy.
Creating a unified, structural written process in the
Administrative Code minimizes confusion and inconsistencies.
Conclusions
The Administrative Code is consistent with national best
practices, and will improve the efficiency, equity and clarity of
the County's permitting processes. It ensures that written
processes and their execution are consistent, and uses a legally
recognized way to keep them up to date. The County and its
staff are to be commended assembling this important document.
Very uly- ours,,
.� ,!
IL+
Mark White
a ` ;s #
Board of County Commissioners of Collier Co
September 11, 2013
Page 6
Resume (Mark White — White & Smith, LLQ
BACKGROUND
Mark White is an attorney and urban planner whose practice
has emphasized drafting zoning, subdivision and land
development codes for over 24 years. He is the former President
of the board of directors of the nonprofit community
development group Westside Housing Organization, and is a
member of the North Carolina and Missouri Bars, the American
Institute of Certified Planners, and the American Planning
Association. Mr. White is also a frequent speaker at the national
meetings of the American Planning Association and various
other professional organizations.
EDUCATION
• Bachelor of Arts, magna cum laude, History /Political Science
(Bethany College, Lindsborg, Kansas)
• Juris Doctor /Master of Regional Planning (University of
North Carolina at Chapel Hill)
SELECTED EXPERIENCE - CODE DRAFTING AND RELATED STUDIES
Mark White has completed over 15o development code updates,
zoning regulations, and comprehensive plan or smart growth
implementation projects for local governments in 36 states.
Representative clients include Cincinnati, Ohio; San Antonio,
Texas; Frederick, Maryland; and Los Angeles, California.
SELECTED PUBLICATIONS
• A 21st Century Land Development Code (American Planning
Association, 2oo8)
• Contributor, A Legal Guide to Urban and Sustainable
Development for Planners, Developers and Architects
(Wiley, 20o8).
• "Writing Defensible Codes," The Commissioner (Winter
2oo6)
• "Unified Land Management Codes," Municipal Lawyer
(Aug. 20o6)
9A2
Board of County Commissioners of Collier County
September 11, 2013
Page 7
• "Classifying and Defining Uses and Building Forms: Land -
Use Coding for Zoning Regulations," Zoning Practice
(September 2005)
SELECTED CONFERENCE PRESENTATIONS
• "Code Drafting and the Law" and "Legal Issues for Form -
Based Codes" (Planetizen webcast, March 16, 2013)
• "Writing and Updating the Zoning Ordinance" (American
Planning Association Planners Training Service, one -day
workshop, November 7, 2012)
• "Introduction to the Topic of Form Based Codes" (Utah Land
Use Institute, October 23, 2012)
• "The Mechanics of Code Writing" (American Planning
Association National Conference, 2003 -2009, 2011 -2013)
• "Writing Legally Defensible Form Based Codes" (New
Partners for Smart Growth, Los Angeles, California,
February 9, 2007)
• "Incorporating Principles of New Urbanism into Zoning
Codes" (University of Wisconsin Planning and Zoning
Seminars, May 2 and July 20, 20o6)
• "Land -Based Classification Standards and Zoning"
(American Planning Association National Conference, April
20o6)
• "Design Graphics for Planning" (American Planning
Association audio conference April 12, 2oo6)
SELECTED CITATIONS
Court decisions, books, agency publications, and other
important resources that have cited publications authored by
Mr. White include:
• Town of Rhine v. Bizzell, 311 Wis.2d 1, 751 N.W.2d 780
(2008)
• Bahl v. City of Asbury, 656 N.W.2d 336 (Ia. 2002)
• Danielle Arigoni. Affordable Housing and Smart Growth:
Making the Connection. National Neighborhood Coalition,
2001.
http:// www. smartgrowthamerica .org/affordable housing .p
df.
• Tim Iglesias & Rochelle E. Lent. The Legal Guide to
Affordable Housing Development. American Bar
Association, 2oo6.
�n�
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Growth Management Division
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Contents
Chapter1. Introduction ........................................................................ ..............................7
A.
Purpose and Intent ............................................................................... ............................... 7
B.
Amendments and Conflicts ................................................................... ............................... 8
1.
Administrative Code Amendment .................................................... ...............................
8
2.
Conflicts .............................................................................................. ..............................8
C.
Reviewing Agencies ............................................................................... ...............................
8
1.
Architectural Arbitration Board ........................................................ ...............................
8
2.
Board of County Commissioners ( BCC) ............................................. ...............................
8
3.
Board of Zoning Appeals (BZA) ......................................................... ...............................
8
4.
Building Board of Adjustment and Appeals (BOAA) ......................... ...............................
9
5.
Planning Commission ( CCPC) ............................................................ ...............................
9
6.
Office of the Hearing Examiner ......................................................... ...............................
9
7.
Growth Management Division ( GMD) .............................................. ...............................
9
8.
Environmental Advisory Council (EAC) ............................................. ...............................
9
9.
Development Services Advisory Committee (DSAC) ........................ ...............................
9
10. Historical Archaeological Preservation Board ................................ ...............................
10
D.
Common Procedural Steps and Information ...................................... ...............................
10
1.
Fees and Submittal Requirements .................................................. ...............................
10
2.
Initiation of the Application ............................................................ ...............................
10
3.
Pre - application meeting ................................................................. ...............................
10
4.
Completeness and Processing Letter .............................................. ...............................
12
5.
Staff Review .................................................................................... ...............................
12
6.
Advisory Board or Agency Review .................................................. ...............................
12
7.
Open and Closed Applications ........................................................ ...............................
12
8.
Pre - Construction Conference ......................................................... ...............................
13
Chapter
2. Legislative Procedures ...................................................... ...............................
15
A.
Comprehensive Plan Amendment ...................................................... ...............................
16
B.
Land Development Code Amendment — Privately Initiated Text Amendments ................
20
Chapter 3. Quasi - Judicial Procedures with a Public Hearing .............. ...............................
23
A.
Appeal of an Official Interpretation of the Land Development Code . ...............................
24
B.
Boat Dock — Including Boathouse Establishment, Dock Facility Extension, and Boat Lift
Canopy............................................................................................ ...............................
25
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C. Conditional Uses ( CU) .......................................................................... ...............................
30
C.1. Conditional Use Permit ................................................................... ...............................
30
C.2. Conditional Use Extension .............................................................. ...............................
35
C.3. Conditional Use Re- Review ............................................................. ...............................
38
D. Development of Regional Impact ( DRI) ............................................... ...............................
40
D.1. DRI Application — Establishment of a new DRI ............................... ...............................
40
D.2. DRI Abandonment ........................................................................... ...............................
43
D.3. DRI Amendment .............................................................................. ...............................
45
E. Mixed Use Project (MUP) — Public Hearing for use of Bonus Density Pool and /or other
Deviations....................................................................................... ...............................
46
F. Parking Exemption —With a Public Hearing ........................................ ...............................
48
G. Planned Unit Developments (PUD) ..................................................... ...............................
51
G.1. Rezoning to a PUD .......................................................................... ...............................
51
G.2. PUD Amendment ............................................................................ ...............................
57
G.3. PUD Insubstantial Change ............................................................... ...............................
59
G.4. PUD Minor Change .......................................................................... ...............................
62
G.S. PUD Extension ................................................................................. ...............................
64
G.6. Zoning Verification Letter — PUD Comparable Use Determination ...............................
67
H. Rezoning —Standard ............................................................................ ...............................
69
I. Sign Variance ....................................................................................... ...............................
73
J. Variance ................................................................................................. .............................76
Chapter 4. Administrative Procedures ............................................... ...............................
79
A. Architectural Plans .............................................................................. ...............................
80
B. Coastal Construction Setback Line Permit .......................................... ...............................
81
C. Certificate of Public Facility Adequacy ( COA) ...................................... ...............................
83
C.1. COA for Roadways .......................................................................... ...............................
83
C.2. COA for Non - Roadway public facilities ........................................... ...............................
86
D. Early Work Authorization ( EWA) ........................................................... .............................87
E. Vegetation Removal Applications ....................................................... ...............................
89
E.1. Agricultural Land Clearing Permit ................................................... ...............................
89
E.2. Agricultural Clearing Notice ............................................................ ...............................
91
E.3. Cultivated Tree Removal Permit ..................................................... ...............................
93
E.4. Vegetation Removal Permit ............................................................ ...............................
95
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E.5 Vegetation Removal and Site Filling Permit ( VRSFP) ...................... ............................... 98
F. Mixed Use Project— Administrative Approval .................................. ...............................
100
G. Official Interpretation of the Land Development Code .................... ...............................
101
H. Sign Permit ........................................................................................ ...............................
103
I. Site Development Plan ...................................................................... ...............................
105
1.1. Conceptual Site Plan ( CSP) ............................................................ ...............................
105
1.2. Site Development Plans (SDP) ...................................................... ...............................
107
1.3. Site Improvement Plan (SIP) ......................................................... ...............................
116
1.4. Site Development Plan Amendment (SDPA) ................................ ...............................
119
1.5 Insubstantial Change to a Site Development Plan (SDPI) or Site Improvement Plan
(SIPI) ....................................................................................... ...............................
121
J. Temporary Permits ............................................................................ ...............................
123
J.1. Amplified Sound Permit .................................................................. ...............................
123
J.2. Annual Beach Event Permit ............................................................ ...............................
125
J.3. Carnival/ Circus Permit ................................................................. ...............................
126
J.4. Film Permit ...................................................................................... ...............................
129
J.S. Model Homes and Model Sales Centers ......................................... ...............................
131
J.6. Special Events .................................................................................. ...............................
133
J.7. Temporary Uses during Construction ............................................. ...............................
135
K. Zoning Certificate .............................................................................. ...............................
137
L. Zoning Verification Letters ................................................................ ...............................
139
L.1. Zoning Verification Letter —Generally .......................................... ...............................
139
L.2. Zoning Verification Letter — Non - residential Farm Building ......... ...............................
141
L.3. Zoning Verification Letter —Fence Finished Side Out Waiver ...... ...............................
143
Chapter S. Subdivision Procedures .................................................. ...............................
145
A. Lot Split .............................................................................................. ...............................
146
B. Lot Line Adjustment .......................................................................... ...............................
148
C. Preliminary Subdivision Plat ( PSP) ..................................................... ...............................
150
1. Preliminary Subdivision Plat —Standard ....................................... ...............................
150
2. Preliminary Subdivision Plat Amendment ( PSPA) ......................... ...............................
154
D. Construction Plans and Final Subdivision Plat (PPL) ......................... ...............................
155
D.1. Construction Plans and Final Subdivision Plat — Standard ........... ...............................
155
D.2. Final Subdivision Plat — For Townhouse Fee Simple Development .............................
167
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E.
Construction Plans ( CNSTR) ............................................................... ...............................
171
E.1. Construction Plans —Standard ...................................................... ...............................
171
E.2. Insubstantial Change to Construction Plans (ICP) ........................ ...............................
174
F.
Minor Final Subdivision Plat ( FP) ....................................................... ...............................
176
G.
Plat Recording ................................................................................... ...............................
179
H.
Vacation of Subdivision Plats ............................................................ ...............................
182
Chapter 6. Waivers, Exemptions, and Reductions ............................ ...............................
183
A.
Administrative Fence /Wall Waiver (AFW) ........................................ ...............................
184
B.
Administrative Parking Reduction ( APR) ........................................... ...............................
185
C.
Administrative Parking Exemption .................................................... ...............................
187
D.
Administrative Variance ( AVA) .......................................................... ...............................
190
E.
Alcohol Distance Waiver ................................................................... ...............................
192
F.
Alternative Architectural Design ....................................................... ...............................
194
G.
Automobile Service Station Waiver .................................................. ...............................
196
H.
Nonconforming Use Change ( NUC) ................................................... ...............................
198
I.
Site Plan with Deviations for Redevelopment Projects ( -DR) ........... ...............................
201
J.
Post Take Plan ................................................................................... ...............................
203
K.
Vested Rights Determination ............................................................ ...............................
206
Chapter 7. Supplementary Submittal Requirements for Land Use Applications ...............
207
A.
Environmental Data Requirements for PUD Zoning and Conditional Uses .....................
208
B.
Traffic Impact Study (TIS) .................................................................. ...............................
209
C.
PUD Annual Monitoring Report ........................................................ ...............................
210
D.
Soil Erosion and Sediment Control Plan ............................................ ...............................
211
Chapter8. Public Notice .................................................................. ...............................
213
A.
Generally ........................................................................................... ...............................
213
B.
Neighborhood Information Meeting ................................................. ...............................
214
C.
Mailed Notice .................................................................................... ...............................
216
D.
Newspaper Advertisement ................................................................ ...............................
218
E.
Posting of a Sign ................................................................................ ...............................
219
Chapter 9. Office of the Hearing Examiner — Procedures .................. ...............................
221
Chapter 10. Where to Find Current Information ................................ ...............................
227
Chapter 11. Contact Information ....................................................... ...............................
229
Chapter12. Acronyms ....................................................................... ...............................
231
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Chapter13. Glossary ........................................................................... ............................... 233
Chapter14. Appendices ...................................................................... ............................... 235
AppendixA ................................................................................................ ............................... 235
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Chapter 1. Introduction
A. Purpose and Intent
Collier County's Land Development Code (LDC) is the principal regulatory tool for implementing the County's
Growth Management Plan (GMP). The LDC contains the standards and criteria that development must meet in the
County. To ensure that all growth meets these standards, there are specific approval procedures for the various
forms of development, ranging from simple, single -lot residences to large, multi - phased planned developments.
The Administrative Code consolidates and identifies the procedures for approval to develop under the LDC.
The Administrative Code for Land Development, hereafter referred to as the Administrative Code, is divided into
14 chapters. Each chapter comprises a genre of land use petitions or permits. Each Chapter is organized
alphabetically to provide for ease of use. Cross references are provided for related land use petitions or permits
where appropriate. The following list provides a breakdown of the Administrative Code by chapter:
• Chapter 1 contains the intent of the Administrative Code and how to it is to be amended. This chapter
also outlines Collier County's Reviewing Agencies and the Common Procedural Steps and Information
necessary to submit and process a land use petition or permit.
• Chapter 2 contains the land use petitions which are processed through a legislative procedure.
• Chapter 3 contains the land use petitions and permits which are processed through a quasi - judicial
procedure.
• Chapter 4 contains the land use petitions and permits which are processed administratively by the Growth
Management Division.
• Chapter 5 contains the applications for the creation and completion of a subdivision.
• Chapter 6 contains applications for waivers, exemptions, and reductions to LDC standards.
• Chapter 7 contains supplementary submittal requirements for land use applications.
• Chapter 8 contains information relating to public notice requirements for land use petitions.
• Chapter 9 contains the procedures for the Office of the Hearing Examiner.
• Chapter 10 identifies where to find current information.
• Chapter 11 contains contact information.
• Chapter 12 contains commonly used acronyms in the Administrative Code and the LDC.
• Chapter 13 contains the glossary of terms, which are bolded throughout the Administrative Code.
• Chapter 14 contains Appendices.
The Administrative Code is available to download as an Adobe PDF file on the County's website: [TBD]. It is also
available for purchase in print at the Growth Management Division, located at 2800 N. Horseshoe Drive, Naples, FL
34104.
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The Code has visual cues that improve its readability. These include:
q This symbol identifies a cross- reference to another Administrative Code chapter or another regulatory
code.
This symbol identifies explanatory materials /information that may help to explain or expand upon a
provision of the Administrative Code.
B. Amendments and Conflicts
1. Administrative Code Amendment
The Administrative Code was adopted by the BCC as Ordinance [number TBD]. Amending Collier County and State
of Florida contact information and website links may be done administratively by the County Manager or designee.
Further, the County Manager or designee shall have the authority to update and correct Growth Management
Division's organizational structure and department titles.
All other amendments, additions, revisions, or modifications required to maintain the Administrative Code shall be
made by resolution by the BCC and adopted by majority vote at any regular or special meeting. The resolutions
may be placed as an item on the regular, consent, or summary meeting agenda, as deemed appropriate by the
County Manager or designee in consultation with the County Attorney.
2. Conflicts
Where the Administrative Code conflicts with the LDC or Growth Management Plan, the LDC or the Growth
Management Plan shall prevail.
C. Reviewing Agencies
This section describes the various agencies that are involved in processing zoning and land development
applications.
1. Architectural Arbitration Board
The Architectural Arbitration Board, identified in LDC subsection 5.05.08 F assists with the Architectural Deviations
and Alternative Compliance procedure. The Board consists of five voting members comprised of the following: two
representatives from the Collier County Zoning staff, two representatives appointed by the American Institute of
Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape
Architects (Southwest Florida Chapter). The Architectural Arbitration Board may provide the following: 1)
Assistance to the County Manager in rendering a decision; and 2) An applicant may appeal the decision of the
County Manager or designee to the Architectural Arbitration Board.
2. Board of County Commissioners (BCC)
The BCC is the County's governing agency. It sets the County's land development policies by adopting and
amending the Growth Management Plan and the LDC. It is also involved in quasi - judicial procedures, such as a
rezoning, the establishment of PUDs, the creation of stewardship receiving /sending areas, and the establishment
of Development of Regional Impacts, and other petitions as specified in the LDC.
3. Board of Zoning Appeals (BZA)
The BCC acts as the Board of Zoning Appeals (BZA) for Collier County. The BZA processes and makes final decisions
on zoning variances, appeals, conditional uses, nonconforming use amendments, flood variances, parking
agreements, and other functions outlined in the Collier County Code of Laws and Ordinances section 2 -1171, F.S. §
67 -1246 and Laws of Florida, as amended.
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4. Building Board of Adjustment and Appeals (BOAR)
The Building Board of Adjustment and Appeals (BOAR) is a decision - making body that makes final decisions on
appeals related to the decisions of the building official, such as the manner of construction proposed to be
followed, or materials to be used, and in the erection or alteration of a building or structure, pursuant to Code of
Laws and Ordinances section 2 -1181. The BOAA consists of five members, appointed by the BCC, who have the
necessary education and qualifications to review and render decisions related to the Florida Building Code and
Florida Fire Prevention Code.
5. Planning Commission (CCPC)
The Collier County Planning Commission is designated as the local planning agency for the County, as identified in
the Code of Laws and Ordinances section 106 -1 and 2 -1156. The Planning Commission processes amendments to
the Growth Management Plan, text amendments to the LDC, and makes a final decision on actions as specified in
the Administrative Code and LDC. The Planning Commission also provides recommendations to the BCC on land
use petitions where the BCC renders a final decision.
6. Office of the Hearing Examiner
The Office of the Hearing Examiner is established in the Code of Laws and Ordinances section 2 -83 through 2 -90.
The Hearing Examiner hears and makes final decisions and provides recommendations to the BCC as specified in
ordinance 2013 -25 and in the Administrative Code. The procedures for the Office of the Hearing Examiner are
established in Chapter 9 of the Administrative Code.
7. Growth Management Division (GMD)
Most land use petition and permit applications begin the process with a review by the Growth Management
Division. The Growth Management Division provides information and services associated with building permits,
inspections, development plans, land use petitions, and investigations. The GMD provides guidance for the long-
term use of land and public facilities to assure quality growth and to enhance the community's quality of life,
pursuant to local ordinances and Florida State growth management laws.
The following are the primary departments within the Growth Management Division: the Business Center, the
Engineering Services Department, the Natural Resources Department, the Comprehensive Planning Department,
the Planning and Zoning Department, Operations and Regulatory Management, which includes the Plan Review
and Inspection Department, and the Code Enforcement Department. The Planning and Zoning Department is
generally the initial point of contact for land use petitions and permits. The Plan Review and Inspection
Department handles building permits.
8. Environmental Advisory Council (EAC)
The Environmental Advisory Council acts in an advisory capacity to the BCC pursuant to Code of Laws and
Ordinances section 2 -1191. The Collier County Planning Commission sits as the Environmental Advisory Council.
Pursuant to Ord. 2013 -51, the EAC reviews matters dealing with regulation, control, management, use, or
exploitation of natural resources within the County. It also reviews specific zoning and development petitions and
their impact on the County's natural resources.
9. Development Services Advisory Committee (DSAC)
DSAC is a fifteen member committee that was created in 1993 pursuant to Code of Laws and Ordinances section
2 -1031. This committee represents the various aspects of the development industry and may include architects,
general contractors, residential or building contractors, environmentalists, land use planners, land developers,
landscape architects, professional engineers, utility contractors, plumbing contractors, electrical contractors,
structural engineers, and attorneys. The purpose of this committee is to provide reports and recommendations to
the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Growth
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Chapter 1 Introduction
Management Division and to serve as a primary communication link between the Growth Management Division,
the development industry, and the citizens of Collier County. Terms are 4 years.
10. Historical Archaeological Preservation Board
The Historical Archaeological Preservation Board (Preservation Board) is an advisory board to the BCC pursuant to
Code of Laws section 2 -2000. The Preservation Board designates, regulates, and administers historical and
archaeological resources in the County under the direct jurisdiction and control of the BCC.
D. Common Procedural Steps and Information
This section describes common information that applies to most of the review procedures identified in the
Administrative Code.
1. Fees and Submittal Requirements
The County charges fees for applications filed under the LDC. The BCC establishes the fees by resolution. The fee
schedule is available for download on the County's website: http: / /www.colliergov .net /Index.aspx ?page =128. The
County will not accept an application until all of the required fees are paid.
2. Initiation of the Application
Most applications are initiated by filing a County application form, along with all of the required information, with
the Business Center within the Growth Management Division. Each section of the Administrative Code lists the
corresponding application by name under "Initiation."
3. Pre - application meeting
Applicability
Where specified within the Administrative Code, applicants must attend a pre - application meeting with the
Planning & Zoning Department before filing an application.
The purpose of the meeting is to provide an opportunity for the applicant and the Planning & Zoning Department
to informally review a proposed development and determine the most efficient method of review before
substantial commitments of time and money are made in the preparation and submission of the application.
The name of the planner assigned to the project shall be identified on the application once it is filed. The project
planner is the main contact and their name should be referenced in any correspondence with the County
regarding the petition. The project planner can be reached by calling the Business Center Front Desk, at 239 -252-
2400.
The Planning & Zoning Department offices are located within the Growth Management Building at the following
location:
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Growth Management
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Initiation of the pre- application meeting
Applicants may request a pre - application meeting online, by calling the Planning & Zoning Department, or in
person at the Business Center, which is located within the Growth Management Division Building. A pre -
application fee is required at the time of the meeting. Applicants must complete a Pre - Application Request Form,
or fill out the form on -line at http: / /apps2.colliergov.net /portal. The Planning & Zoning Department will contact
the applicant within 2 working days to schedule a pre - application meeting. Pre - application meetings are held in
the Growth Management Building in order to allow all appropriate County review staff to attend. Applicants may
bring an agent(s) or another person they wish to have present at the meeting.
At the pre - application meeting County Staff will review the proposed request, discuss the contents of application
packet, indicate which submittal items are required, and the number of plans required for submittal. The
submittal requirements vary by application type, so applicants are encouraged to hold off on completing the
application packet until after the pre - application meeting. At the pre - application meeting, County Staff members
will provide the applicant Pre - Application Meeting Notes, which outline the requirements discussed at the
meeting.
Issues to discuss
The Planning & Zoning Department, review staff, and the applicant may discuss the following issues at the pre -
application meeting:
1. The general nature of the proposed development.
2. Changes to the proposed development which need to conform to the LDC, the Growth Management
Plan, or other County policies.
3. The review procedures that will apply, including the public hearing process, if applicable, the
approximate length of the development review, and the approval process.
4. Federal, State, and local agencies that may review, comment, or require permits for the proposed
development.
S. The type of information needed throughout the procedure, including surveys, plans, drawings,
reports, the application form, and other supporting documentation.
6. The number of copies of the application and supporting information that the applicant must provide.
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At the pre - application meeting, the Planning & Zoning Department will provide the applicant a checklist of
submittal requirements discussed at the meeting. The applicant and the Planning & Zoning Department staff may
discuss other issues as needed.
Required Documentation
Unless further specified in the Administrative Code, the applicant should bring a conceptual plan of the project,
aerial photographs of the property, and preliminary environmental data, depending on the type of application.
4. Completeness and Processing Letter
Prior to the submittal of the application, the Business Center will determine if the application is complete and that
the materials identified on the Pre - Application Meeting checklist and notes are included with the application. If
the application is incomplete, the applicant must obtain all of the requirements prior to the submittal of the
application. The Business Center will not accept or process an incomplete package.
Once the application has been accepted by the County and the fees have been paid, the application has begun
processing and the applicant will receive a Processing Letter. This letter identifies the petition number, (i.e.
PL201200000) and the assigned planner /project manager. The petition number should be noted on all future
correspondence regarding the application. The letter is generally received within 10 days of submittal.
5. Staff Review
Once the application has been processed, County Staff will review the application to determine whether the
application is sufficient or insufficient in one or more areas. This is considered the "first set of review comments"
by County Staff. The purpose of this review is to ensure that the application complies with the standards for
approval and /or the findings of fact pursuant to the LDC. This review is also designed to prevent the application
from unnecessary delays in the process. If the application is insufficient, the Planning & Zoning Department will
notify the applicant of the deficiencies through the review comment process.
For administrative applications, County Staff, acting on the behalf of the County Manager may approve or deny the
application based on the criteria provided in the LDC. While the Planning & Zoning Department is the agency that
is primarily involved in administering and enforcing the Growth Management Plan and the LDC, other State or
regional agencies may be responsible for certain types of applications.
6. Advisory Board or Agency Review
If the petition requires review by the EAC, Planning Commission, BCC, BZA, the Hearing Examiner, or other advisory
County board or agency, County Staff prepares a specialized report for each Board. For example, a Staff Report for
the Planning Commission contains information identified in the application, whether the project is consistent with
the Growth Management Plan, an analysis of the request, legal considerations, recommendations by the County,
and any recommendations of another reviewing body.
If the application is to be reviewed by the BCC, Staff prepares an Executive Summary which is a condensed version
of the Staff Report and includes recommendations of the EAC, if applicable, and the Planning Commission.
7. Open and Closed Applications
An application is considered "open" when the Processing Letter has been provided to the applicant and /or agent.
The Planning & Zoning Department assigns an open application and petition processing number.
An application is considered "closed" when the petitioner withdraws the application through written notice or
ceases to supply necessary information to continue processing, or otherwise actively pursue the application for a
period of 6 months, unless the particular process assigns a different time period. A closed application will not
receive further processing and is considered withdrawn. The Planning & Zoning Department will notify the
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 1 Introduction
applicant of closure in writing. However, the failure of the Planning & Zoning Department to notify the applicant
does not eliminate the "closed" status of an application.
The applicant can reopen a closed application by submitting a new application and repaying the application fees.
Further review of the request is subject to the then current LDC.
8. Pre - Construction Conference
The Pre - construction conference applies to all development projects that include infrastructure improvements,
including but not limited to: site development plans (SDP), site development plan amendments (SDPA), site
improvement plans (SIP), plans and plats (PPL), plans and plat amendments (PPLA), and construction plans
(CNSTR).
Following approval of the plans, the applicant shall pay the inspection fees and the Engineer of Record shall
submit to the Business Center an affidavit that the plans and documents approved by Collier County are consistent
with those approved by all State and Federal agencies. The Engineering Services Department shall contact the
applicant to schedule a pre- construction conference. The applicant shall bring all approved County plans and
permits and copies of all State and Federal permits for the project to the meeting. At the meeting, the applicant
and the Engineering Services Department will coordinate construction activities and will discuss the timeline for
the inspection of the improvements. The applicant, the applicant's contractors, and representatives from all
affected utilities are encouraged to attend the meeting.
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Chapter 2. Legislative Procedures
The petitions identified in this Chapter require a public hearing by the Board of County Commissioners.
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Colliier County Land Development Code I Administrative Procedures Manual
Ehapirter 2 Legislative Procedures
A. Comprehensive Plan Amendment
Reference
F.S. § 163.3177 — 163.3187, 125.66 and LDC Public Notice subsection 10.03.06 E and the
Collier County Growth Management Plan (GMP).
d Note: The Florida Department of Economic Opportunity (DEO) website contains
procedures, forms, and technical assistance regarding State of Florida review and
requirements. For State related Comprehensive Plan Amendment information refer to:
http: / /www.floridajobs.org /community -plan n i ng -and-
development/ programs /comprehensive - planning.
Applicability
This procedure applies to a request to amend the GMP whether initiated by the County
or a private landowner.
A comprehensive plan amendment does not authorize development.
There are several categories of plan amendments, including but not limited to:
• Small Scale Amendment: A plan amendment that involves 10 acres or less
and other criteria set out in F.S. § 163.3187(1).
• Generally, small scale amendments are for maps and may include
text changes.
• Small scale amendments that involve 10 acres or less may be site -
specific amendments.
• Regular Amendment: A plan amendment that changes the goals, objectives
and policies; a map change; or any other material in the plan, and falls
within one of the categories described in F.S. § 163.3184(2) and
1633184(3).
o Regular amendments may be site - specific amendments.
• DRI Companion Amendment: A plan amendment that is directly related to a
DRI. This is processed concurrent with the DRI application. 4*See Chopter3
D.3 of the Administrative Code for more information.
Pre - Application
A pre - application meeting is required.
Initiation
The applicant files an "Application for a Request to Amend the Collier County Growth
Management Plan" with the Comprehensive Planning Section of the Planning and Zoning
Department.
Application
The application shall include the draft amendment text and /or map amendment and all
Contents
data and supporting materials that justify the amendment.
d Note: Refer to F.S. § 163.3163 et. seq. for State requirements.
Completeness and
The Comprehensive Planning Department will review the application for completeness.
Processing of
After submission of the completed application packet accompanied with the required
Application
fee, the applicant will receive a mailed or electronic response notifying the applicant
that the petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XXX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice— 1. Newspaper Advertisement: The legal advertisements shall be published at least 15
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Chapter 2 / Legislative Procedures
Small Scale days before the Planning Commission and BCC public hearings dates. The
Amendment for advertisements shall include at a minimum:
Map and /or Text . Clear explanation of the proposed ordinance or resolution as it affects the
Changes
subject property;
• Date, time, and location of one or more public hearings;
• 2 in. x 3 in. map of the project location; and
• The required advertisements must be at least 2 columns wide by 10 inches
long in a standard size or a tabloid size newspaper, and the headline in the
advertisements must be in a type no smaller than 18 point. The
advertisement shall not be placed in a portion of the newspaper where
legal notices and classified advertisements appear. The advertisements shall
be placed in a newspaper of general paid circulation.
Notice — Notification requirements are as follows. q see Chapter 8 of the Administrative Code for
Site Specific additional notice information.
Amendment 1. NIM: The NIM shall be completed at least 15 days before the first advertised
Planning Commission hearing. The NIM shall be advertised and a mailed written
notice shall be given to property owners in the notification area at least 15 days
prior to the NIM meeting. The NIM is only for site - specific amendments.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Advertisements: The legal advertisements shall be published at least 15
days before the Planning Commission and BCC transmittal and adoption public
hearings. The advertisement shall include at a minimum:
• Clear explanation of the proposed ordinance or resolution as it affects the
subject property;
• Date, time, and location of one or more public hearings;
• 2 in. x 3 in map of the project location, if site specific; and
• The required advertisements must be at least 2 columns wide by 10 inches
long in a standard size or a tabloid size newspaper, and the headline in the
advertisement must be in a type no smaller than 18 point. The
advertisement shall not be placed in a portion of the newspaper where
legal notices and classified advertisements appear. The advertisements shall
be placed in a newspaper of general paid circulation.
4. Mailed Notice: The County shall send written notice by mail to each real property
owner within the area covered by the proposed plan amendment at least 15 days
before the advertised BCC public hearing date.
S. Sign: (see format below) Posted at least 15 days prior to the advertised public
hearings. Two distinct signs shall be posted for the transmittal hearings and the
adoption hearings. The first sign shall be posted before the first Planning
Commission hearing on the GMP transmittal to DEO. A second sign shall be posted
before the Planning Commission hearing on the GMP adoption.
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Chapter 2 Legislative Procedures
PUBLIC HEARING FOR AN AMENDMENT TO THE
COMPREHENSIVE PLAN
PETITION NUMBER:
TO ALLOW:
(Request- Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD IN THE BOARD OF COUNTY
COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER
COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL
EAST, NAPLES, FLORIDA, 34112.
Notice — 1. Newspaper Advertisements: The legal advertisements shall be published at least 15
Regular days before the Planning Commission and BCC transmittal and adoption public
Amendment hearings. The advertisement shall include at a minimum:
• Clear explanation of the proposed ordinance or resolution as it affects the
subject property;
• Date, time, and location of one or more public hearings;
• 2 in. x 3 in. map of the project location, if site specific; and
• The required advertisements must be at least 2 columns wide by 10 inches
long in a standard size or a tabloid size newspaper, and the headline in the
advertisement must be in a type no smaller than 18 point. The
advertisement shall not be placed in a portion of the newspaper where
legal notices and classified advertisements appear. The advertisements shall
be placed in a newspaper of general paid circulation.
Public Hearings for 1. The EAC shall hold at least 1 advertised public hearing, if required.
Small Scale
Amendment 2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
Public Hearing for Regular Amendments require two sets of public hearings, transmittal hearings and
Regular adoption hearings.
Amendment
1. Transmittal Public Hearings:
• The EAC shall hold at least 1 advertised public hearing, if required.
• The Planning Commission shall hold at least 1 advertised public hearing.
• The BCC shall hold at least 1 advertised transmittal public hearing.
2. Adoption Public Hearings:
• The EAC shall hold at least 1 advertised public hearing, if required.
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Chapter 2 Legislative Procedures
• The Planning Commission shall hold at least 1 advertised public hearing.
• The BCC shall hold at least 1 advertised adoption public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process 1. Transmittal of Amendment to DEC:
• The Comprehensive Planning Section will review the application, identify
whether additional materials are needed, prepare a Staff Report, and
schedule a hearing date before the EAC, if required, and the Planning
Commission to present the petition for review.
• Following the recommendation by the Planning Commission, the
Comprehensive Planning Section will prepare an Executive Summary and
schedule a hearing date before the BCC to present the petition for review.
• Small Scale Amendments are not subject to a review by DEO and may be
adopted by the BCC at the first advertised public hearing. A Regular
Amendment is reviewed by the BCC at a transmittal hearing and if
approved, the amendment is sent to DEO and other review agencies for
review in accordance with F.S. § 163.3184(3) and (4).
2. Adoption of Amendment:
• Following review by DEO and other review agencies, the Comprehensive
Planning Section will prepare a Staff Report, and schedule a hearing date
before the EAC, if required, and the Planning Commission to present the
amendment and comments from DEO and other review agencies for
review. Following the recommendation by the EAC, if required, and the
Planning Commission, the Comprehensive Planning Section will prepare an
Executive Summary and schedule an adoption hearing before the BCC. If
the amendment is adopted, the amendment is sent to DEO and the review
agencies in accordance with F.S. § 163.3184(3) and (4).
Criteria The plan amendment must be consistent with the applicable portions of the Collier
County Growth Management Plan, F.S. § 163.3164, etseq., the State Comprehensive
Plan, and the Southwest Florida Strategic Regional Policy Plan published by the
Southwest Florida Regional Planning Council.
Effective Date See F.S. § 163.3184(3) and (4).
q See F.S. § 163.3191 if the plan amendment is an update that results from an
evaluation and appraisal report.
Appeals Affected persons may file an administrative challenge as described in F.S. § 163.3184(5).
Small scale amendments may be administratively challenged pursuant to F.S. §
163.3187(5) (a).
Updated
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Notice for Notification requirements are as above, with the addition of:
Amendments which . 2 in. x 3 in. map of the project location of which amends the Zoning Atlas
affect 10 acres or
more of land and d r and /or changes the permitted, conditional, and prohibited uses within
change the list of a zoning category in the County.
permitted,
conditional or
prohibited uses
within a zoning
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Collier County Land
Development Code I Administrative Procedures Manual
Chapter 2 / Legislative Procedures
B. Land Development Code Amendment - Privately Initiated Text
Amendments
Reference
LDC section 10.02.09, LDC Public Notice subsection 10.03.06 A, F.S. § 163.3202, and F.S. §
125.66.
C* See LDC section 10.03.06 for County Initiated Text Amendments.
Applicability
Amendments that supplement, change, or repeal the text of the LDC.
Pre - Application
A pre - application meeting is not required.
Initiation
The applicant files an "Application for Amendment to the Land Development Code."
Application
The application must include the following:
Contents
1. Applicant Contact Information.
2. Completed LDC Amendment Request form.
3. Changes to the LDC shall be identified in a strikethrough /underline format.
Strikethrough language represents removal and underlined language represents new
language. All cross references to the section in the LDC shall be checked and amended
if necessary.
Completeness and
The Growth Management Division will review the application for completeness. After
Processing of
submission of the completed application packet accompanied with the required fee, the
Application
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XXX201200000) assigned to the petition. This petition
tracking number should be noted on all future correspondence regarding the petition.
Notice for
Notification requirements are as follows. q See Chapter 8 of the Administrative Code for
Amendments which
additional notice information.
affect 10 acres or
1. Newspaper Advertisements: The legal advertisement shall be published at least 15
less of land and do
days before each advertised public hearing in a newspaper of general circulation. The
not change the list
advertisement shall include at a minimum:
of permitted,
conditional or
• The title of the proposed ordinance or resolution;
prohibited uses
. Date, time, and location of the hearing; and
within a zoning
category
• Places(s) within the county where the proposed ordinance may be inspected
by the public.
Notice for Notification requirements are as above, with the addition of:
Amendments which . 2 in. x 3 in. map of the project location of which amends the Zoning Atlas
affect 10 acres or
more of land and d r and /or changes the permitted, conditional, and prohibited uses within
change the list of a zoning category in the County.
permitted,
conditional or
prohibited uses
within a zoning
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Collier County Land Development Code I Administrative Procedures Manual
9A2 '
Chapter 2 Legislative Procedures
category
Public Hearing for 1. The EAC shall hold at least 1 advertised public hearing, if required.
Amendments which
affect 10 acres or 2. The Planning Commission shall hold at least 1 advertised public hearing.
less of land and do 3. The BZA shall hold at least 1 advertised public hearing.
not change the list
of permitted,
conditional or
prohibited uses
within a zoning
category
Notice for
1. The EAC shall hold at least 1 advertised public hearing, if required.
Amendments which
affect 10 acres or
2. The Planning Commission shall have at least 1 advertised public hearing. The Planning
more of land and do
Commission may elect by a majority decision to hear such ordinance or resolution at 2
change the list of
advertised public hearings. If there is only 1 advertised public hearing, the hearing
permitted,
shall be held after 5:00 p.m. on a weekday, and if there are 2 advertised hearings, then
conditional or
at least 1 of the advertised public hearings shall be held after 5:00 p.m. on a weekday.
prohibited uses
3. The BBC shall have at least 2 advertised public hearings. At least 1 advertised public
within a zoning
hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote
category
plus 1 vote elects to conduct that hearing at another time of day.
Decision maker
The BCC, following the recommendations from both the EAC, if required, and the Planning
Commission.
Review Process
Staff reviews the amendment application and provides a recommendation.
The DSAC reviews the amendment application in a public meeting and makes a
recommendation to the BCC.
The EAC reviews the amendment application if the proposed change includes an
environmental component in accordance with Collier County Code of Laws section 2 -1193.
The EAC makes a recommendation to the BCC.
The Planning Commission reviews the application for consistency with the GMP and makes
a recommendation to the BCC.
The BCC shall review the application and the recommendations by the advisory boards.
The BCC may approve, approve with revisions, or deny the proposed ordinance or
resolution.
Effective Date Per F.S. § 125.66, the ordinance must be filed with the Florida Department of State,
Tallahassee, FL within 10 days of signing by the Chairman of the Board. The effective date is
the date it is filed with the State, unless a date is specified in the ordinance.
Updated
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Chapter 3. Quasi - Judicial Procedures with a Public Hearing
Land use petitions require a public hearing where the applicant and affected property owners are allowed to
speak and provide testimony about the application. The County's decision- making agency is similar to a judge
presiding over a trial, and its decision is based on the record. Quasi - judicial hearings are pursuant to law and
provide for the following:
1. The record may include the application materials, County Staff's recommendation, and may also include
written reports, and the fact —based testimony of any witnesses (expert or otherwise) that speak at the public
hearing. The applicant or the agent has the burden of providing a written record.
2. The applicant has an opportunity to be heard in person and through counsel, to present evidence of its case,
and to rebut the case presented by opposing parties.
3. Cross — examination of adverse witnesses is allowed. The chairman or presiding officer of the decision - making
agency may reasonably control the amount of time and type of questions asked during cross - examination.
4. Exparte communications must be disclosed by members of the advisory boards or decision making agency
pursuant to law.
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 Quasi - Judicial Procedures with a Public Hearing
A. Appeal of an Official Interpretation of the Land Development Code
Reference LDC subsection 1.06.01 D, LDC section 8.10.00, LDC Public Notice subsection 10.03.06
Q, and Code of Laws section 250 -58.
Applicability This process allows an applicant to appeal an Official Interpretation to the Hearing
Examiner.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files an "Appeal Application for Official Interpretation" with the
Planning & Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Interpretation number.
3. A narrative describing the request, the legal basis for the appeal, the relief
sought, including any pertinent information, exhibits, and other backup
information in support of the appeal.
4. Electronic copies of all documents.
Completeness and After submission of the completed application packet accompanied with the required
Processing of fee, the applicant will receive an electronic response notifying the applicant that the
Application petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the appeal. The
tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows. q See Chapter 8 of the Administrative
Code for additional notice information.
1. Newspaper Advertisements: The legal advertisement shall be published at least
15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing; and
• 2 in. x 3 in. map of the project location, if site specific.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. q See
Chapter 9 for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the appeal and identify whether
additional materials are needed. Staff will prepare a Staff Report to present to the
Office of the Hearing Examiner for a decision.
Updated
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Chapter 3 Quasi - Judicial Procedures with a Public Hearing
B. Boat Dock - Including Boathouse Establishment, Dock Facility
Extension, and Boat Lift Canopy
Reference LDC sections 5.03.06, 8.10.00, and LDC Public Notice subsection 10.03.06 H.
Applicability There are four types of permits for a boat dock facility and related structures:
1. Dock Facility Extension
2. Dock Facility with a Boathouse
3. Boat Lift Canopy
4. Boat Lift Canopy Deviations
Pre - Application A pre - application meeting is required.
Initiation The applicant files one of the following applications with the Planning & Zoning
Department:
1.
"Dock Facility Extension or Boathouse Establishment Petition Application and
Submittal Instructions," or
2.
"Boat Lift Canopy Application" for a Boat Lift Canopy or a Boat Lift Canopy Deviation,
or
3.
Non - residential dock facility requests must submit the "Dock Facility Extension or
Boathouse Establishment Petition Application and Submittal Instructions" and
comply with LDC section 5.03.06, as part of the Site Development Plan application.
Application The application must include the following:
Contents for Boat
Dock Establishment 1.
Applicant contact information.
with a Boathouse
and /or a Dock 2.
Property information, including:
Facility Extension
• Property identification number;
• Section, township, and range;
• Subdivision, unit, lot and block; and
• Address of subject site.
3.
Zoning information, including:
• Current zoning and land use of subject property; and
• Adjacent zoning and land use.
4.
Site information, including:
• Waterway width and where the measurement came from;
• Total property water frontage;
• Measurement of provided and required setbacks;
• Total protrusion of proposed facility into water;
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• Number and length of vessels to use facility; and
• Additional dock facilities in close proximity of subject property and the total
protrusion of each into the waterway.
S. Narrative description of the project.
6. Signed and sealed survey depicting mean high water (MHW) and mean low water
(MLW), and relevant water depths (no less than 5 foot increments).
7. Pursuant to LDC subsection 5.03.06 I, a submerged resources survey, as applicable.
8. A chart, drawn to scale, of the waterway at the site, depicting the waterway width,
the proximity of the proposed facility to any adjacent navigable channel, the
proximity of the proposed facility to docks, if any, on the adjacent lots, and the
unobstructed waterway between the proposed facility and the opposite bank or any
dock facility on the opposite bank.
9. Site Plan illustrating the following:
• Lot dimensions;
• Required setbacks for the dock facility;
• Cross section showing relation to MHW /MLW and shoreline (bank, seawall,
or rip -rap revetment);
• Configuration, location, and dimensions of existing and proposed facility;
• Water depth where proposed dock facility is to be located;
• Distance of the navigable channel;
• Illustration of the contour of the property; and
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• Illustration of dock facility from both an aerial and side view.
10. Narrative response to listed criteria /questions.
11. Signed and notarized affidavit by property owner or agent.
12. Addressing checklist.
13. Electronic copy of all documents.
14. Copies for the Hearing Examiner as identified on the Submittal Checklist.
Application
The Boat Lift Canopy and the Boat Lift Canopy Deviation application must include the
Contents for a Boat
following:
Lift Canopy or a
1. Applicant contact information.
Boat Lift Canopy
Deviation
2. Property information, including:
• Property identification number;
• Section, township, and range;
• Subdivision, unit, lot and block; and
• Address of subject site.
3. Current zoning and land use of subject property.
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4. Survey, signed and sealed showing any existing dock facility.
S. Scale drawing of the proposed canopy showing all dimensions.
6. Sample of the fabric for color review.
• Date, time, and location of the Hearing Examiner hearing;
• Petition number;
• Extension and total protrusion of the facility; and
• Date by which written comments must be filed with the Planning & Zoning
Department.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation for the following petitions: Boat Dock Establishment with a Boathouse,
Boat Dock Extension, or Boat Lift Canopy Deviation. The advertisement shall include
at a minimum:
• Date, time, and location of the hearing;
• Petition number;
• Address of the facility;
• Extension and total protrusion of the facility;
• 2 in. x 3 in. map of the project location; and
• Date by which written comments must be filed with the Planning & Zoning
Department.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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7. Addressing checklist.
Completeness and
The Planning & Zoning Department will review the application for completeness. After
Processing of
submission of the completed application packet accompanied with the required fee, the
Application
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XXX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice for Boat
Notification requirements are as follows. C* See Chapter 8 of the Administrative Code for
Dock Establishment
additional notice information.
with a Boathouse,
Boat Dock
1. Mailed Notice: Written notice shall be sent to property owners in the notification
Extensions, and
area at least 15 days before the advertised Hearing Examiner hearing. The County
Boat Lift Canopy
will mail the letters at the applicant's expense. The advertisement shall include at a
Deviations
minimum:
• Date, time, and location of the Hearing Examiner hearing;
• Petition number;
• Extension and total protrusion of the facility; and
• Date by which written comments must be filed with the Planning & Zoning
Department.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation for the following petitions: Boat Dock Establishment with a Boathouse,
Boat Dock Extension, or Boat Lift Canopy Deviation. The advertisement shall include
at a minimum:
• Date, time, and location of the hearing;
• Petition number;
• Address of the facility;
• Extension and total protrusion of the facility;
• 2 in. x 3 in. map of the project location; and
• Date by which written comments must be filed with the Planning & Zoning
Department.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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BDE- PL20120000000: [Name] Boat Dock Extension -
Applicant is requesting a [number]- foot boat dock
extension over the maximum 20 feet limit in Section
5.03.06 of the Collier County Land Development Code
for a total protrusion of (number] feet for Lot
[number], Block [letter] of the [location].
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD AT THE GROWTH
MANAGEMENT DIVISION BUILDING, 2800 N.
HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE
DESIGNATED.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing for the
following. q See Chapter 9 of the Administrative Code for the Office of the Hearing
Examiner procedures.
• Dock Facility with a Boathouse;
• Dock Facility Extension; and
• Boat Lift Canopy Deviation.
2. No hearing is required for a Boat Lift Canopy application.
3. For non - residential dock facilities, compliance is determined as part of the site
development plan application. A public hearing is not required.
Decision Maker 1. The Hearing Examiner may approve:
• Dock Facility with a Boathouse
• Dock Facility Extensions
• Boat Lift Canopy Deviations
2. The County Manager or designee may approve:
• Boat Lift Canopies
• Non - residential Boat Dock Facilities
Review Process 1. The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a Staff Report to present to the Office
of the Hearing Examiner for a decision for the following petitions:
• Dock Facility with a Boathouse;
• Dock Facility Extensions; and
• Boat Lift Canopy Deviations.
2. The Planning & Zoning Department will review the application, identify whether
additional materials are needed, and prepare a letter of determinations utilizing the
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criteria identified in LDC section 5.03.06 for the following:
• Boat Lift Canopy; and
• Non - residential Dock Facility, as part of the site development plan
application.
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C. Conditional Uses (CU)
C.1. Conditional Use Permit
Reference LDC section 10.08.00, 8.10.00, LDC Public Notice subsection 10.03.06 B or C, and F.S. §
163.3202
Applicability A conditional use permit is required if the proposed use or development is eligible as a
conditional use or a minor conditional use in the applicable zoning district.
Pre - Application A pre - application meeting is required.
Initiation The applicant files an "Application For Public Hearing For: Conditional Use"
Application The petition should include material necessary to demonstrate that the approval of the
Contents conditional use will be in harmony with the general intent and purpose of the LDC, will be
consistent with the Growth Management Plan, will not be injurious to the neighborhood or to
adjoining properties, or otherwise detrimental to the public welfare.
The application must include the following:
1. Applicant contact information.
2. Addressing Checklist.
3. A cover letter briefly explaining the proposed project.
4. Disclosure of ownership.
5. The date the subject property was acquired or leased (including the term of the lease). If
the applicant has an option to buy, indicate the date of the option, the date the option
terminates, and anticipated closing date.
6. The name and mailing address of all registered Home Owners Associations and civic
associations whose members are impacted by the application.
7. Pre - application meeting notes.
8. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized
statement of ownership clearly.
9. PUD Ordinance and Development Commitment information, if applicable.
10. A written petition that shows how the proposed use satisfies the findings outlined in LDC
section 10.08.00.
11. Property information, including:
• Legal description; or if the conditional use involves only part of a PUD, only a
legal description for the subject portion is required;
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location; and
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• Size of property in feet and acres.
12. If the property owner owns additional property contiguous to the subject property, then
the following information, regarding the contiguous property, must be included:
• Legal description;
• Property identification number;
• Section, township and range; and
• Subdivision, unit, lot and block, or metes and bounds description.
13. Zoning information, including:
• Adjacent zoning and land use
14. Conditional Use request detail, identifying current zoning district, type of use and present
use of property.
15. A description of previous land use applications on the subject property, including whether
a public hearing was held on the property or any abutting properties within the year
preceding the application, and the nature of that hearing.
16. Conceptual site development plans at an appropriate scale showing the proposed
placement of structures on the property, provisions for ingress and egress, off - street
parking and off - street loading areas, refuse and service areas, and required yards, and
other open spaces. The conceptual site development plan does not replace the site
development plan (SDP) required by Chapter 4 of the Administrative Code.
17. Completed Statement of Utility Provisions.
18. Plans showing proposed locations for utilities.
19. Plans for screening and buffering the use with reference as to type, dimensions, and
character.
20. Plans showing the proposed landscaping and provisions for trees protected by County
regulations.
21. Plans showing the proposed signs and lighting, including type, dimensions, and character.
22. Environmental Data Requirements. <*See LDC subsection 3.08.00 A.
23. Environmental Data Requirements for PUD Zoning and Conditional Uses q See Chapter 7
of the Administrative Code.
24. Recent aerial photographs must be legible at the scale provided. The aerial shall identify
plant and /or wildlife habitats and their boundaries. The identification shall be consistent
with the Florida Department of Transportation Land Use Cover and Forms Classification
System. Developments shall identify, protect, conserve, and appropriately use native
vegetative communities and wildlife habitat.
25. An Architectural Rendering of proposed structures, if applicable, G* See Chapter 4 A. of
the Administrative Code.
26. Traffic Impact Study C* See Chapter 7 of the Administrative Code.
27. If the property is located within an area of historical or archaeological probability, as
identified at the pre -app meeting, a historical and archeological survey or waiver
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application.
28. If the zoning district places additional requirements on the requested use, include
documentary evidence that those requirements are met.
29. Permits: All Federal, State, and local permits shall be submitted prior to construction and
before the pre- construction meeting. If approved by the County Manager or designee, an
applicant may submit Federal, State and local agency permits at the pre- construction
meeting.
30. Owner /agent affidavit as to the correctness of the application.
31. Electronic Copy of All Documents.
Completeness The Planning & Zoning Department will review the application for completeness. After
and Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the petition
is being processed. Accompanying that response will be a receipt for the payment and the
tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number
should be noted on all future correspondence regarding the petition.
Notice for Minor Notification requirements are as follows. w See Chapter 8 of the Administrative Code for
Conditional Use additional notice information.
petitions
1. NIM: The NIM shall be completed at least 15 days prior to the Hearing Examiner's receipt
of the staff report and application materials in accordance with the applicable sections of
the Administrative Code. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Hearing Examiner hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before the advertised Hearing Examiner hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
4. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner
hearing date.
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PUBLIC HEARING REQUESTING
PETITION NUMBER:
TO PERMIT:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD AT THE GROWTH
MANAGEMENT DIVISION BUILDING, 2800 N.
HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE
DESIGNATED.
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Notice for all Notification requirements areas follows. q See Chapter 8 of the Administrative Code for
other Conditional additional notice information.
Use petitions
1. NIM: The NIM shall be completed at least 15 days before the advertised public hearing.
The NIM shall be advertised and a mailed written notice shall be given to property
owners in the notification area at least 15 days prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised public hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location for the Planning Commission
advertisement.
Sign: (see format below) Posted at least 15 days before the advertised public hearing date.
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PUBUCHEARING REQUESTING REZONE APPROVAL
PETITION NUMBER:
TO ALLOW:
(Request - Sufficiently dear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD IN THE BOARD OF COUNTY
COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER
COUNTY GOVERNMENT CENTER, 3299 TAM IAMI TRAIL
EAST, NAPLES, FLORIDA, 34112,
Public Hearing
1. The Hearing Examiner shall hold at least 1 advertised public hearing. Ca See Chapter 9 of
for Minor
the Administrative Code for the Office of the Hearing Examiner procedures.
Conditional Use
d Minor Conditional Uses are defined in LDC section 8.10.00.
petitions
Public Hearing
1. The EAC shall hold at least 1 advertised public hearing, if required.
for all other
Conditional Use
2. The Planning Commission shall hold at least 1 advertised public hearing.
petitions
3. The BZA shall hold at least 1 advertised public hearing.
Decision maker
The Hearing Examiner.
for Minor
Conditional Use
petitions
Decision maker
The BZA, following a recommendation from both the EAC, if required, and the Planning
for all other
Commission.
Conditional Use
petitions
Staff Review
The Planning & Zoning Department will review the application, identify whether additional
Process
materials are needed, prepare an Executive Summary, and schedule a hearing date before the
appropriate body to present the petition for review.
Recording of
Within 30 days of approval of the conditional use, the owner or developer at its expense shall
Developer
record in the Public Records of Collier County a Memorandum of Understanding of Developer
Commitments
Commitments or Notice of Developer Commitments that contains the legal description of the
property that is the subject of the land use petition and contains each and every commitment
of the owner or developer specified in the conditional use. The Memorandum or Notice shall
be in form acceptable to the County and shall comply with the recording requirements of
Chapter 695, F.S. A recorded copy of the Memorandum or Notice shall be provided to the
assigned Principal Planner, Zoning Services Department, within 15 days of recording of said
Memorandum or Notice.
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C.2. Conditional Use Extension
Reference
LDC section 10.08.00 and 8.10.00, and LDC Public Notice subsection 10.03.06 D.
Applicability
This establishes a process to extend the life of an approved conditional use permit.
Pre - Application
A pre - application meeting is required.
Initiation
The applicant files an "Application For Public Hearing Conditional Use Extension"
with the Planning & Zoning Department.
Application
The application must include the following:
Contents
1. Applicant contact information.
2. Disclosure of ownership information.
3. The date the subject property was acquired or leased (including the term of the
lease). If the applicant has an option to buy, indicate the date of the option,
the date the option terminates, and anticipated closing date.
4. Property information, including:
• Legal description;
• Property identification number;
• Plat book and page number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location; and
• Size of property in feet and acres.
5. Zoning information, including:
• Zoning of adjacent properties when original Conditional Use was
approved;
• Land use of adjacent properties when original Conditional Use was
approved;
• Current zoning of adjacent properties; and
• Current land use of adjacent properties.
6. Two copies of a signed and sealed boundary survey (completed within the last
6 months, maximum 1 in. = 400 ft. scale) if required to do so at the pre -
application meeting.
7. Conditional Use extension request detail, , identifying current zoning district,
type of use and present use of property.
8. Copies of Warranty Deed(s) for the current property owners.
9. A narrative statement describing the request for conditional use extension and
how it meets the criteria discussed in LDC section 10.08.00.
10. How the request remains consistent with the applicable sections of the LDC
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and GMP, including the future land use element; any GMP amendments since
the approval of the conditional use; identify any development /redevelopment
that has occurred on adjacent parcels and what effect, if any, an extension
would have on those uses; and any additional relevant information.
11. A description of previous land use applications on the subject property,
including whether a public hearing was held on the property or any abutting
properties within the year preceding the application, and the nature of that
hearing.
12. Cover letter briefly explaining the project.
13. Pre - application meeting notes.
14. A site plan (measuring no larger than 24 in. x 36 in.) and a conceptual site plan
measuring 8% in. x 11 in.
15. Owner /agent affidavit as to the correctness of the application.
16. Traffic Impact Study gsee Chapter 7 of the Administrative Code.
17. Electronic copy of all documents.
18. Copies of the previously approved conditional use site plans, and one reduced
8% in. x 11 in. copy of the site plan. The applicant shall provide additional
copies of the plan upon completion of Staff's evaluation for distribution to the
Board, if requested by the staff planner.
19. The resolution that approved the conditional use.
20. A copy of the original application for the conditional use.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be
a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice for Minor Notification requirements are as follows. q See Chapter 8 of the Administrative
Conditional Use Code for additional notice information.
Extension petitions
and all other 1. Mailed Notice: Written notice shall be sent to property owners in the
Conditional Use notification area at least 15 days before the advertised public hearing.
Extension petitions
2. Newspaper Advertisements: The legal advertisement shall be published at
least 15 days before each advertised public hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing; and
• Description of the proposed land uses.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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PUBLICHEARING REQUESTING
PETITION NUMBER:
TO PERMIT:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD AT THE GROWTH
MANAGEMENT DIVISION BUILDING, 2800 N.
HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE
DESIGNATED.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. q see
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a Staff Report to present to the Office
of the Hearing Examiner for a decision.
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C.3. Conditional Use Re- Review
Reference LDC section 10.08.00 and 8.10.00 and LDC Public Notice subsection 10.03.06 D.
Applicability If a Conditional Use is approved with stipulations, the Conditional Use is reviewed to
determine whether the applicant has met the conditions of approval or whether
additional stipulations are necessary. The Hearing Examiner will establish the time
period or dates when the conditional use is subject to review. This is a mandatory
procedure for any applicant holding a valid conditional use permit that has
stipulations.
Pre - Application A pre - application meeting is required.
Initiation The applicant files a "Conditional Use Re- review" application with the Planning &
Zoning Department.
Application The application must include the following:
Contents
1. Applicant Contact Information.
2. A letter describing the request.
3. All documents necessary to address the conditions or stipulations.
4. Pre - application meeting notes.
5. Addressing checklist.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be
a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice for Minor Notification requirements are as follows. q See Chapter 8 of the Administrative
Conditional Use Re- Code for additional notice information.
Review petitions
and for all other 1. Newspaper Advertisements: The legal advertisement shall be published at
Conditional Use Re- least 15 days before each advertised public hearing in a newspaper of general
Review petitions circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing; and
• Description of the proposed land uses.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. <* See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
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Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a Staff Report to present to the Office
of the Hearing Examiner for a decision.
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D. Development of Regional Impact (DRI)
D.1. DRI Application - Establishment of a new DRI
Reference LDC Public Notice subsection 10.03.06 1 and F.S. § 380.06 and 380.0651
A DRI involves the review and input by the Florida Department of Economic Opportunity (DEO)
and the Southwest Florida Regional Planning Council (SWFRPC). q See swfrpc.org /dri.html.
Applicability This section applies to the establishment of a DRI.
W See F.S. § 380.0651 and FAC 28 -24 (DRI thresholds) for statewide guidelines and standards
to determine whether DRI review is required.
C* See Chapter 14 - Appendix A of the Administrative Code for a flow chart of State, Regional
and local review process.
Pre - Application A pre - application meeting is required.
Initiation If certain thresholds are met, DRI review is required. q See F.S. § 380.06(2) and 380.0651 and
FAC 28 -24.
The applicant files the County's "Application For Public Hearing For DRI Application for
Development Approval (DRI)," and
Applicants must submit an Application for Development Approval (ADA) for a DRI
simultaneous review with a growth management plan amendment per 380.061(6), F.S.
The DRI applications are available from the DEO and are listed in FAC 73C- 40.010 and its
website at www.floridajobs.org.
Application The County's application must include the following:
Contents
1. Applicant contact information.
2. Addressing checklist.
3. Disclosure of ownership.
4. Completed ADA form with all attachments.
5. Draft DRI Development Order to address the proposed change.
6. Property information, including:
• Legal description of subject property and any contiguous property owned by the
applicant;
• If the application involves a change to more than one zoning district, include a
separate legal description for each district;
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location; and
• Size of property in feet and acres.
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7. An explanation of whether the requested action is consistent with the Growth
Management Plan.
8. A statement of whether a public hearing was held on the property within the year
preceding the application and an explanation of that hearing.
9. A detailed narrative statement that explains the requested action and why this action is
proposed. Provide applicable supporting material, and a list of all previous actions on the
subject site, beginning with the original DRI /PUD approval and including all subsequent
amendments. Include the hearing number, hearing dates and a summary of the approved
action.
10. A description of any sale or development of the DRI.
11. Traffic Impact Study G* See Chapter 7 of the Administrative Code.
12. Environmental Data Requirements. gSeeLDCsubsection 3.08.00A.
13. An 8%: in. x 11 in graphic location map of the site.
14. Signed and sealed survey, no older than 6 months.
15. DRI Development Order Master Plan.
16. Copies of Notices sent to DEO and RPC.
17. Pre - application meeting notes.
18. Owner /agent affidavit as to the correctness of the application.
19. Electronic copy of all documents.
Completeness The Planning & Zoning Department will review the application for completeness. After
and Processing submission of the completed application packet accompanied with the required fee, the
of Application applicant will receive a mailed or electronic response notifying the applicant that the petition
is being processed. Accompanying that response will be a receipt for the payment and the
tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number
should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for
additional notice information. G* See F.S. § 380.06(11) for additional notice requirements if the
DRI is proposed within the jurisdiction of more than one local government.
1. Mailed Notice: Written notice shall be sent to property owners in the notification area at
least 15 days before the advertised Planning Commission hearing.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum: b See F.S. §.380.06forState publication
requirements.
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location
3. Sign: (see format below) Posted at least 15 days before the advertised Planning
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Commission hearing date.
PUBLIC HEARING REQUESTING DEVELOPMENT OF
R EG I ONAL I M PACT
PETITION NUMBER:
TO ALLOW:
(Request - Sufficiently clear todescribe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD IN THE BOARDOF COUNTY
COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER
COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL
EAST, NAPLES, FLORIDA, 34112.
9At
Public Hearing 1. SWFRPC staff notifies Collier County that it may schedule a public hearing to consider a
Development Order. The County will set the public hearing at its next scheduled meeting.
The hearing is held within 90 days after the SWFRPC's notice, unless the applicant
requests an extension. Both the Planning Commission and the BCC will conduct a public
hearing.
2. The Planning & Zoning Department will record the hearing proceedings by tape or a
certified court reporter and make the recordings available for transcription at the expense
of any interested party. c*See FS § 380.06(11)
Decision maker The BCC, following a recommendation from the Planning Commission.
Review Process 1. RPC determines sufficiency. q See F.S. § 380.06(10).
2. Report and recommendation by RPC, Ga See F.S. § 380.06(12).
3. The County will review the application at the same time as the Growth Management Plan
amendment application, prepare an Executive Summary, and schedule a hearing date
before the Planning Commission and the BCC to present the petition for approval.
Timing Pursuant to F.S. § 380.06(15)(b)), the BCC must render a decision on the application within 30
days after the hearing unless an extension is requested by the developer, pursuant to F.S. §
380.06(15)(a).
Cha nges to q See F.S. § 380.06(19) for substantial deviations to a DRI.
Approval
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D.2. DRI Abandonment
Reference LDC Public Notice subsection 10.03.06 1 and F.S. § 380.06(26); FAC 73C- 40.0251.
Applicability This establishes a process for the County, a property owner, or developer to
abandon a valid DRI.
This does not apply to an application to abandon a preliminary development
agreement with the Florida DEO, which is governed by F.S. § 380.06(8)(a).11 and
FAC 73C- 40.0185.
Pre - Application A pre - application meeting is required.
Initiation The applicant files the following applications:
1. "Application for Public Hearing, Abandonment of a Development of Regional
Impact' (DRIABN);
2. "Application for Abandonment of a Development of Regional Impact," with all
attachments (FORM DEO- BCP- ABANDONMENT DRI- 1).This form is available on
the Florida DEO website.
Application Contents The application must include the following:
1. Applicant contact information.
2. Disclosure of ownership.
3. DRI Development Order name and number.
4. Property information, including:
• Legal description of subject property and any contiguous property
owned by the applicant;
• If the application involves a change to more than one zoning district,
include a separate legal description for each district;
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location; and
• Size of property in feet and acres.
S. A narrative and detailed explanation of the reason for seeking abandonment.
6. Completed State Abandonment form with all attachments.
7. Completed DEO Application for Abandonment of DRI and copies of the
submittal letters submitted to DEO and RPC.
8. An explanation of whether the abandonment is consistent with the Growth
Management Plan.
9. A statement of whether a public hearing was held on the property within the
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year preceding the application and an explanation of that hearing.
10. A description of any sale or development of the DRI.
11. An 8% in. x 11 in. graphic location map of the site.
12. DRI Development Order Master Plan.
13. Pre - application meeting notes.
14. Owner /agent affidavit as to the correctness of the application
15. Electronic copies of all documents.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying
the applicant that the petition is being processed. Accompanying that response
will be a receipt for the payment and the tracking number (i.e., XXX201200000)
assigned to the petition. This petition tracking number should be noted on all
future correspondence regarding the petition.
Notice Notice is provided by the County to DEO and the RPC 45 days before the BCC
hearing, pSee FAC 73C- 40.0251(1)(b).
Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the
Planning Commission.
Review Process 1. The County will review the application, identify whether additional materials
are needed, prepare an Executive Summary, and schedule a hearing date
before the Planning Commission and the BCC to present the petition for
approval.
2. At the public hearing, the BCC will render a written decision to grant, grant
with conditions, or deny the request for abandonment within 30 days of the
public hearing,<* See FAC 73C- 40.0251(2)(c) -(e).
Recording The County will issue a notice of the abandonment within 15 days after any appeal
is resolved or after the appeal period expires. p See FAC 73C- 40.0251(2)(e).
Appeal <* See F.S. § 380.07.
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D.3. DRI Amendment
Reference LDC subsection 10.02.13 E.1.j, LDC Public Notice subsection 10.03.06 H and F.S. §
380.06(19)
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E. Mixed Use Project (MUP) - Public Hearing for use of Bonus Density Pool
and /or other Deviations
Reference
LDC sections 4.02.16 C.B, 10.02.15 and LDC Public Notice subsection 10.03.06 N.
Applicability
This procedure applies to a request for a mixed use project (MUP) within the Bayshore
Gateway Triangle Redevelopment Area which seeks to utilize the Bonus Density Pool and /or
other deviations.
Eligible Applicants
Property owners in the following zoning districts:
1. Bayshore Mixed Use District, Neighborhood Commercial (BMUD -NC) Subdistrict
2. Bayshore Mixed Use District, Waterfront (BMUD -W) Subdistrict
3. Gateway Triangle Mixed Use District Overlay, Mixed Use District (GTMUD -MXD)
Subdistrict
Pre - application
A pre - application meeting is required.
Initiation
The applicant files a "Mixed Use Project Plan (MUP) with Deviations- Public Hearing," with
the Planning & Zoning Department.
Application MUPs that require a public hearing shall follow the applicable submittal requirements of a
Contents Conditional Use in Chapter3 C. of the Administrative Code. In addition, pursuant to LDC
subsection 10.02.15 A.2., the applicant shall prepare a conceptual plan depicting mixed use
development and noting all deviations.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows: q See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location for the BZA advertisement.
4. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
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PUBLICHEARING REQUESTING MIXED USE PROJECT
APPROVAL
PETITION NUMBER:
TO ALLOW:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD IN THE BOARD OF COUNTY
COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER
COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL
EAST, NAPLES, FLORIDA, 34112.
Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BZA shall hold at least 1 advertised public hearing.
Decision maker The BZA, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process The Planning & Zoning Department will review the application, identify whether additional
materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if
required, and Planning Commission to present the petition for review.
Following the recommendation by the Planning Commission, the Planning & Zoning
Department will prepare an Executive Summary and schedule a hearing date before the BZA
to present the petition for review.
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F. Parking Exemption - With a Public Hearing
Reference LDC subsection 4.05.02 K.3, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 G.
Applicability This procedure applies to relief from the various minimum parking requirements
established within the LDC and shall follow the circumstances identified in LDC
subsection 4.05.02 K.3.a.
Pre - Application A pre - application meeting is not required but may be requested.
Initiation The applicant files an "Application For Public Hearing For Parking Exemption" with
the Planning & Zoning Department.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Property information of principal site and off -site parking, if applicable,
including:
• Legal description;
• Property identification number;
• Section, township, range, Plat book and page number;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address and general location; and
• Size of property in feet and acres.
3. Zoning information, including:
• Zoning classification of any proposed off -site parking lot; and
• Zoning and type of land use of the property that the Parking
Exemption is proposed to serve.
4. The name and mailing address of all registered Home Owners Association's that
could be affected by the application.
S. Disclosure of ownership.
6. Project information, with the following included:
• Total number of parking spaces required for the project;
• Number of parking spaces proposed to be located off -site;
• Whether the proposed parking lot is separated from the permitted use
by a collector or arterial roadway, and the roadway name; and
• Whether the permitted use is proposed to share required parking with
another permitted use.
7. A narrative statement describing the request with specific reference to the
criteria noted in LDC subsection 4.05.02 K.3.b., and any backup materials or
documentation.
8. Pre - application meeting notes, if applicable.
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9. Addressing checklist.
10. If required, a Boundary Survey (completed within the last 6 months, maximum
1 in. to 400 ft. scale) that is abstracted, signed, sealed and prepared by a Florida
registered land surveyor. The boundary survey must include the following:
• The location and dimensions of all property lines, existing streets or
roads, easements, rights -of -way, and areas dedicated to the public;
and
• An Attorney's Opinion of Title or by a sworn statement from the
property owners stating that they have provided sufficient
information to the surveyor to allow the accurate depiction of the
information on the survey.
11. A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan must
measure 24 in. x 36 in. along with a reduced 8% in. x 11 in. copy. The site plan
shall show the following information:
• All existing and proposed structures and their dimensions;
• Provisions for existing and /or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site);
• All existing and /or proposed parking and loading areas (including a
matrix that indicates required and provided parking and loading,
including required parking for the disabled);
• Required yards, open space and preserve areas; and
• Proposed and /or existing landscaping and buffering as may be
required by the County.
12. Owner /agent affidavit as to the correctness of the application.
13. A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement of ownership clearly
14. Map of property location.
15. 10 -Year Lease Agreement, if required by the approval criteria.
16. Electronic copies of all documents.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice Notification requirements are as follows. C* See Chapter 8 of the Administrative
Code for additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised
Hearing Examiner hearing. The NIM shall be advertised and a mailed written
notice shall be given to property owners in the notification area at least 15
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days prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners within 150 feet
of the subject site describing the extent and nature of the parking exemption
within 30 days of receipt of the letter indicating that the application is
determined to be complete.
3. Newspaper Advertisements: The legal advertisement shall be published at
least 15 days before each advertised public hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing; and
• Clear explanation of the parking relief sought.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. C*See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report, utilizing the
criteria identified in LDC subsection 4.05.02 K.3, to present to the Office of the
Hearing Examiner for a decision.
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G. Planned Unit Developments (PUD)
G.1. Rezoning to a PUD
Reference LDC subsection 10.02.13 A — F, LDC Public Notice subsection 10.03.06 B and F.S. § 163.3202.
Applicability This procedure applies to a request to rezone to a PUD.
Pre - Application A pre - application meeting is required. The pre - application meeting with the Planning &
Zoning Department may address, but is not be limited to, the criteria set forth in LDC
subsection 10.02.13 8.1. The applicant is encouraged to bring an aerial, proposed product
type, and land uses to discuss.
Initiation The applicant files an "Application for Public Hearing for a PUD Rezone" with the Planning &
Zoning Department.
Application The application must include the following information:
Contents
1. Applicant contact information.
2. Addressing checklist.
3. A PUD Master Plan. W See Master Plan Contents below.
4. Name of project.
5. The name and mailing address of all registered Home Owners Association's that could
be affected by the application.
6. Disclosure of ownership.
7. The date the subject property was acquired or leased (including the term of the lease).
If the applicant has an option to buy, indicate the date of the option, the date the
option terminates, and anticipated closing date.
8. Property information, including:
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location;
• Size of property in feet and acres; and
• PUD district.
9. If the property owner owns additional property contiguous to the subject property,
then the following information, regarding the contiguous property, must be included:
• Legal description;
• Property identification number;
• Plat book and page number;
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• Section, township and range; and
• Subdivision, unit, lot and block, or metes and bounds description.
10. Detail of rezone request.
11. A narrative statement describing the rezone request with specific reference to the
criteria pursuant to LDC section 10.02.13.
12. List of exhibits which are proposed to be included in the ordinance of adoption.
13. Completed Statement of Utility Provisions.
14. Statement of compliance with all elements of the Growth Management Plan.
15. General location map drawn to scale, illustrating north point and relationship of the site
to external facilities such as highways, shopping areas, cultural complexes and the like.
16. Property ownership and general description of site (including statement of unified
ownership).
17. Description or narrative of project development, including a description of the
relationship of the proposed land uses to each other within the PUD and to land uses
abutting /surrounding the project.
18. Boundary survey (no more than 6 months old) and legal description.
19. Proposed and permitted land uses within each tract or increment which shall be
incorporated into the ordinance of adoption.
20. A dimensional standards table for each type of land use proposed within the PUD.
Dimensional standards shall be based upon an established zoning district that most
closely resembles the development strategy, particularly the type, density, and intensity
of each proposed land use. All proposed variations or deviations from dimensional
standards of the most similar zoning district shall be clearly identified. No deviations
from the fire code will be permitted, except as otherwise allowed by that code. This
table shall be incorporated into the ordinance of adoption.
21. The proposed timing for location of, and sequence of phasing, or incremental
development within the PUD.
22. The proposed location of all roads and pedestrian systems, with typical cross sections,
which will be constructed to serve the PUD and shall be attached as exhibits to the
ordinance of adoption.
23. Habitats and their boundaries identified on an aerial photograph of the site. Habitat
identification will be consistent with the Florida Department of Transportation Florida
Land Use Cover and Forms Classification System (FLUCFCS) and shall be depicted on an
aerial photograph having a scale of 1 inch equal to at least 200 feet when available from
the county, otherwise, a scale of at least 1 inch equal to 400 feet is acceptable.
Information obtained by ground - truthing surveys shall have precedence over
information presented through photographic evidence. Habitat, plant, and animal
species protection plans as required by the LDC section 3.04.00 shall apply.
24. Environmental Data Requirements. wSee LDCsubsection 3.08.00 A.
25. Environmental Data Requirements for PUD zoning G See Chapter 7 of the
Administrative Code.
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26. Information about existing vegetative cover and soil conditions in sufficient detail to
indicate suitability for proposed structures and uses.
27. The location and nature of all existing public facilities, such as schools, parks and fire
stations that will service the PUD.
28. A plan for the provision of all needed utilities to serve the PUD; including (as
appropriate) water supply, sanitary sewer collection and treatment system, stormwater
collection and management system, pursuant to related county regulations and
ordinances.
29. Electronic copy of all documents.
30. Owner /agent affidavit as to the correctness of the application.
31. Historical /Archeological Survey or Waiver.
32. Traffic Impact Study. q see Chapter 7 of the Administrative Code.
33. Agreements, provisions, or covenants which govern the use, maintenance, and
continued protection of the PUD and any of its common areas or facilities.
34. Development commitments for all infrastructure and related matters.
35. When determined necessary to adequately assess the compatibility of proposed uses to
existing or other proposed uses, relationship to open space, recreation facilities, or
traffic impacts, or to assess requests for reductions in dimensional standards, the
Planning & Zoning Department Director may request schematic architectural drawings
(floor plans, elevations, perspectives) for all proposed structures and improvements, as
appropriate.
36. Deviations to sections of the LDC other than to dimensional standards related to
building placement such as yard requirements, lot area requirements, and building
height, shall be identified in the PUD application by citing the specific section number of
the regulation and indicating the proposed modification to such regulation. The list of
deviations shall be incorporated into the ordinance of adoption.
37. School Impact Analysis (SIA) application for the School District's review for a
determination of school capacity, if the PUD has a residential component.
PUD Mater Plan Pursuant to LDC subsection 10.02.13 A, the PUD Master Plan will graphically illustrate the
Contents development strategy, using The Community Character Plan For Collier County, Florida (April
2001) as a guide for development and redevelopment. The PUD Master Plan shall be
prepared by a planner who possesses the education and experience to qualify for full
membership in the American Institute of Certified Planners; and /or a landscape architect
who possesses the education and experience to qualify for full membership in the American
Society of Landscape Architects, together with either a practicing civil engineer licensed by
the State of Florida, or a practicing architect licensed by the State of Florida.
The Master Plan shall include the following:
1. The title of the project and name of the developer.
2. Scale, date, north arrows.
3. Boundaries of the subject property. Indicate all existing streets and pedestrian systems
within the site, watercourses, easements, and land uses and zoning districts of abutting
property. Include book and page numbers of platted parcels, section lines, and other
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important physical features within and adjoining the proposed development.
4. Boundaries and dimensions of all proposed tracts or increments with an indication of
the proposed land use category, including but not limited to:
• Residential (for multiple single - family lots, only the overall area reserved for
this land use category shall be indicated);
• Office;
• Retail;
• Commercial;
• Industrial;
• Institutional;
• Conservation /preservation;
• Lakes and /or other water management facilities;
• Common open space;
• Buffers, by type — include a cross - section for any buffer that deviates from LDC
requirements;
• Community and /or public use — designate the location and function (e.g.,
common open space), and whether they are dedicated or reserved; and
• Recreational uses including golf courses and related facilities — include
provisions for ownership, operation, and maintenance.
S. Identify all proposed and permitted land uses, pursuant to LDC section 2.03.06, within
each tract or increment describing:
• For residential Development:
• Acreage;
• Number of dwelling units;
• Density; and
• Percentage of total development represented by each type of use.
• For commercial, industrial, institutional or office:
• Percentage of the total development represented by each type of use;
• Acreage (each tract or increment);
• Maximum gross leasable floor area (each tract or increment);
• Outline of the proposed building footprint (each tract or increment);
and
• Building height for each structure (each tract or increment).
6. The relationship of the proposed land uses to each other within the PUD and to the land
uses abutting and surrounding the project.
7. The location and size (as appropriate) of all existing drainage, water, sewer, and other
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utilities.
8. The location of all proposed major internal thoroughfares and pedestrian accessways,
including interconnecting roadways within the PUD as well as with abutting uses.
9. Typical cross sections of all major, collector, and local streets, public or private, within
the proposed development.
10. The location of proposed and existing roads, rights -of -way, and pedestrian systems
within 1,500 feet of the proposed development.
11. Information on previous and recent uses of land within the proposed development.
12. Proposed vehicular ingress and egress points.
13. Any other relevant information determined to be necessary by the Planning & Zoning
Department Director.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
After the application is filed, pre- hearing conferences may be held between the applicant,
the applicant's agents, county officials, and county staff prior to the public hearing.
Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses;
• 2 in. x 3 in. map of the project location; and
• Name and application number.
4. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
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PUBLICHEARING REQUESTING PLANNED UNIT
DEVELOPMENT (PUD) APPROVAL
PETITION NUMBER:
TO ALLOW:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME
CONTACT:
THE ABOVE TO BE HELD IN THE BOARD OF COUNTY
COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER
COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL
EAST, NAPLES, FLORIDA, 34112.
Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Pursuant to LDC subsection 10.02.13 6.3, Staff will prepare
a Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria
identified in LDC section 10.02.08.
Staff will schedule a hearing date before the Planning Commission to present the petition.
Following the Planning Commission's review, Staff will prepare an Executive Summary and
will schedule a hearing date before the BCC to present the petition.
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G.2. PUD Amendment
Reference LDC subsection 10.02.13 E and LDC Public Notice subsection 10.03.06 B.
Applicability This process applies to any request to amend an approved PUD that cannot be considered
an Insubstantial change or Minor change and therefore is a Substantial change as defined in
LDC subsection 10.02.13 E.
Pre - Application A pre - application meeting is required.
Initiation The applicant files an "Application For Public Hearing For. Amendment To PUD (PUDA)" with
the Planning & Zoning Department.
Application The application shall include a detailed written narrative describing all of the change(s) and
Contents the reasons for the request and shall follow the Application Contents required for a PUD
Rezone. GSee Chapter 3 G.1 of the Administrative Code.
In addition, all PUD documents are required to be submitted with the PUDA application.
gSee Chapter 3 of the Administrative Code for PUD Requirements.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows: C* See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location for the Planning Commission
advertisement.
4. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
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PUBLIC HEARING REQUESTING PLANNED UNIT
DEVELOPMENT (PUD) AMENDMENT APPROVAL
PETITION NUMBER:
TO ALLOW:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD IN THE 60AROOF COUNTY
COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER
COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL
EAST, NAPLES, FLORIDA, 34112.
Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Pursuant to LDC subsection 10.02.13 6.3, Staff will prepare
a Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria
identified in LDC section 10.02.08.
Staff will schedule a hearing date before the Planning Commission to present the petition.
Following the Planning Commission's review, Staff will prepare an Executive Summary and
will schedule a hearing date before the BCC to present the petition.
Updated
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G.3. PUD Insubstantial Change
Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 H.
Applicability This process applies to insubstantial changes to a PUD Master Plan which meets the
thresholds in LDC subsection 10.02.13 E.
Pre - Application A pre - application meeting is required.
Initiation The applicant files an application for an "Insubstantial Change To PUD Master Plan
(PDI)" with the Planning & Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Disclosure of ownership.
3. PUD Ordinance and Development Commitment information.
4. A legal or graphic description of the area of amendment. This may be
graphically illustrated on the Amended PUD Master Plan. If the amendment
involves only part of the PUD, provide a legal description for the subject
portion.
S. A narrative and detailed description of the amendment and why it is necessary.
6. An analysis of whether the amendment complies with the Growth Management
Plan.
7. Whether a public hearing was held for the property within the year preceding
the application. If this has occurred, include the applicant's name.
8. Whether any part of the PUD has been sold or developed, and whether the
proposed changes involve those areas.
9. Current and revised Master Plans, along with a reduced copy of each,
describing the proposed changes of the following:
• Land use;
• Densities;
• Infrastructure;
• Open space, preservation or conservation areas;
• Area of building square footage proposed for nonresidential
development;
• Change in potential intensity of land use and related automobile trip
movements; and
• Relationships to abutting land uses.
10. Addressing checklist.
11. An 8%: in. x 11 in. graphic location map of the site.
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12. Pre - application meeting notes.
13. Owner /agent affidavit as to the correctness of the application.
14. Electronic copies of all documents.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice Notification requirements are as follows. C* See Chapter 8 of the Administrative
Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the
notification area -at least 15 days before the advertised Hearing Examiner
hearing.
2. Newspaper Advertisements: The legal advertisement shall be published at
least 15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
PUBLIC HEARING REQUESTING
PETITION NUMBER:
TO PERMIT:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD AT THE GROWTH
MANAGEMENT DIVISION BUILDING, 2800 N.
HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE
DESIGNATED.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. C* See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
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Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Pursuant to LDC subsection 10.02.13 B.3, Staff will
prepare a Staff Report utilizing the criteria identified in LDC subsection 10.02.13 E,
to present to the Office of the Hearing Examiner for a decision.
The Hearing Examiner will approve, approve with conditions, or deny the
application utilizing the criteria in LDC subsection 10.02.13 E.
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G.4. PUD Minor Change
Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06
T.
Applicability The following are considered minor changes:
1. Educational and ancillary plants. These include PUD master plans that are amended for
the sole purpose of adding an educational and /or ancillary plant.
2. Removal of Affordable Housing Contributions. The County Manager or designee may
allow minor text changes to remove affordable housing commitments to pay an
affordable housing contribution in PUDs, Development Agreements, and Settlement
Agreements. Conditions are identified in LDC subsection 10.02.13 E.
3. Minor Changes during Construction. The County Manager or designee may 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. These changes
include the following:
• Internal realignment of rights -of -way, including a relocation of access points to
the PUD itself, where no water management facility,
conservation /preservation areas, or required easements are affected or
otherwise provided for;
• Relocation of building envelopes when there is no encroachment upon
required conservation or preservation areas;
• Relocation of swimming pools, clubhouses, or other recreation facilities that do
not affect adjacent properties or land uses; and
• Relocation or reconfiguration of lakes, ponds, or other water facilities subject
to the submittal of revised water management plans or approval of the EAC
where applicable.
Pre - application A pre - application meeting is not required.
Initiation The applicant files a "Minor Change to a PUD Master Plan or Text (PMC)" application with
the Planning & Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Disclosure of ownership.
3. PUD Ordinance and Development Commitment information.
4. A legal or graphic description of the area of amendment. This may be graphically
illustrated on the Amended PUD Master Plan. If the amendment involves only part of
the PUD, provide a legal description for the subject portion.
S. The current PUD Master Plan, q See Chapter G.1 of the Administrative Code for
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requirements and the changes in potential intensity of land use, changes in trips and
relationships to abutting land uses.
• Include any previously revised Master Plans.
6. A narrative and detailed description of the map change and reason for request.
7. An analysis of whether the amendment complies with the Growth Management Plan.
8. Whether a public hearing was held for the property within the year preceding the
application. If this has occurred, include the applicant's name and number.
9. Whether any part of the PUD has been sold or developed, and whether the proposed
changes involve those areas.
10. For removal of affordable housing commitments, a completed Letter to Property
owners as identified in the application.
11. Addressing checklist.
12. An 8%: in. x 11 in. graphic location map of the site.
13. Owner /agent affidavit as to the correctness of the application.
14. Electronic copies of all documents.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows for Removal of Affordable Housing Contributions:
q See Chapter 8 of the Administrative Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Hearing Examiner hearing.
Public Hearing 1. No public hearing is required for adding educational and ancillary plants to a PUD or
minor changes to a PUD Master Plan during construction.
2. A hearing before the Hearing Examiner may be required to remove affordable housing
contributions, pursuant to LDC subsection 10.02.13.E.
Decision maker The County Manager or designee or the Hearing Examiner.
Review Process Minor changes are reviewed by the Planning & Zoning Department staff and may be
approved by the County Manager or designee.
If a public hearing is required to remove Affordable Housing Contributions, Staff will prepare
a Staff Report and Staff will schedule a hearing date before the Hearing Examiner to present
the petition for review.
Appeals Administrative appeals shall be in accordance with the Code of Laws section 250 -58.
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G.S. PUD Extension
Reference LDC subsection 10.02.13 D, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06
D.
Applicability This process applies to request to extend the life of a PUD before or after it "sunsets." A PUD
"sunsets" when it does not meet the time frames and development criteria outlined in LDC
section 10.02.13. Once a PUD has "sunset," applications for additional development orders
are not processed until there is an extension, PUD amendment, or new PUD rezoning.
Pre - Application A pre - application meeting is required.
Initiation The applicant files an "Application For Public Hearing For PUD Extension" with the Planning
& Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Disclosure of ownership.
3. The name and mailing address of all registered Home Owners Association's that could
be affected by the application.
4. The date the subject property was acquired or leased (including the term of the lease).
If the applicant has an option to buy, indicate the date of the option, the date the
option terminates, and anticipated closing date.
5. PUD Ordinance and Development Commitment information.
6. Property information, including:
• Legal description;
• Property identification number;
• Plat book and page number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location; and
• Size of property in feet and acres.
7. If the property owner owns additional property contiguous to the subject property,
then the following information, regarding the contiguous property, must be included:
• Legal description;
• Property identification number;
• Plat book and page number;
• Section, township and range; and
• Subdivision, unit, lot and block, or metes and bounds description.
8. Zoning information, including:
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• Zoning and Land Use of adjacent properties.
9. Extension request information regarding sunsetting, previous extensions, and history of
previous zoning approvals.
10. How the PUD remains consistent with the Growth Management Plan, including density,
intensity and concurrency requirements.
11. How the PUD is compatible with existing and proposed uses in the surrounding area.
12. A description of whether the PUD development places an unreasonable burden on
essential public facilities.
13. Aerial photograph(s) (taken within the previous 12 months at a minimum scale of 1 in. _
400 ft.). The aerial shall identify plant and /or wildlife habitats and their boundaries. The
identification shall be consistent with the Florida Department of Transportation Land
Use Cover and Forms Classification System. Developments shall identify, protect,
conserve, and appropriately use native vegetative communities and wildlife habitat.
14. Deed Restrictions.
15. A written statement addressing LDC subsection 10.02.13 D.
16. Pre - application meeting notes.
17. Addressing checklist.
18. An 8% in. x 11 in. graphic location map of the site.
19. Environmental Data Requirements. gSeeLDCsubsection 3.08.00A.
20. Traffic Impact Study q See Chapter 7 of the Administrative Code.
21. Owner /agent affidavit as to the correctness of the application.
22. Electronic copies of all documents.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for
additional notice information.
1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before the advertised Hearing Examiner hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses;
• Application number, project name;
• PUD name and ordinance number; and
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• Description of extension.
2. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
PUBLICHEARING REQUESTING
PETITION NUMBER:
TO PERMIT:
(Request-Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD AT THE GROWTH
MANAGEMENT DIVISION BUILDING, 2800 N.
HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE
DESIGNATED.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. pSee Chapter9 of
the Administrative Code for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report to present to the Office of
the Hearing Examiner for a decision.
Monitoring If the PUD is extended, the applicant must submit Monitoring Reports as required for PUD
development. GSee Chapter 3 G.6 of the Administrative Code.
Updated
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G.6. Zoning Verification Letter - PUD Comparable Use Determination
Reference LDC subsections 2.03.00 A, 10.02.06 J, LDC Public Notice subsection 10.03.06 0, LDC
section 8.10.00 and F.S. §125.66.
Applicability A Zoning Verification Letter may be used to make a determination that a new use is
comparable, compatible, and consistent with the list of identified permitted and
conditional uses in a PUD ordinance. Depending on PUD ordinance language, one of
the following methods of consent by the Hearing Examiner will occur:
1. If the PUD ordinance language identifies the BZA as the authority to determine
a use is comparable, compatible, and consistent, the Zoning Verification Letter
will be brought to Hearing Examiner for approval of the determination.
2. If the PUD ordinance language identifies the Planning Director (or other similar
County staff) as the authority to determine a use is comparable, compatible,
and consistent, the Zoning Verification Letter will be brought to Hearing
Examiner for affirmation of the determination.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files a "Zoning Verification Letter Application" with the Planning &
Zoning Department.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Property information, including:
• Site folio number;
• Site Address;
• Property owner's name; and
• Verification being requested.
3. The determination request and the justification for the use by a certified land
use planner or a land use attorney.
4. Additional materials may be requested by staff depending on the use and
justification provided.
S. PUD Ordinance and Development Commitment information.
6. Electronic copies of all documents.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XXPL201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice Notification requirements are as follows. G See Chapter 8 of the Administrative
Code for additional notice information.
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1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper
of general circulation. The legal advertisement shall include:
• Date, time, and location of the hearing;
• Application number and project name;
• PUD name and ordinance number;
• Proposed permitted use;
• Whether the use will be approved or affirmed by the Hearing
Examiner; and
• Description of location.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. gSee
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report to present to the
Office of the Hearing Examiner for a decision.
Updated
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H. Rezoning - Standard
Reference LDC section 10.02.08, LDC Public Notice subsection 10.03.06 B, and F.S. § 125.66.
Applicability This procedure applies to any ordinances or resolutions that change the zoning map
designation of a parcel or parcels of land.
Pre - Application A pre - application meeting is required.
Initiation The applicant files a "Standard Rezone Application" with the Planning & Zoning
Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Disclosure of ownership.
3. The date the subject property was acquired or leased, including the term of any lease.
If the applicant has an option to buy, indicate date the option terminates, or
anticipated closing date.
4. Property information, including:
• Legal description;
• Property identification number;
• Plat book and page number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location; and
• Size of property in feet and acres.
S. If the property owner owns additional property contiguous to the subject property,
then the following information, regarding the contiguous property, must be included:
• Legal description;
• Property identification number;
• Plat book and page number;
• Section, township and range; and
• Subdivision, unit, lot and block, or metes and bounds description.
6. Zoning information, including:
• Zoning and Land Use of adjacent properties;
• The existing and requested zoning classifications; and
• The present and proposed uses of the property.
7. A narrative statement describing the rezone request with specific reference to the
criteria in LDC section 10.02.08.
8. Whether any applications or official interpretations under the Administrative Code
were filed for the subject property within the year preceding the application, including
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the nature of any public hearing relating to that application.
9. If the rezone is requested for a specific use, a 24 in. x 36 in. conceptual site plan (with
a reduced 8% in. x 11 in. copy) drawn to a maximum scale of 1 inch equals 400 feet,
depicting:
• Existing and proposed structures and their dimensions;
• Provisions for existing and /or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site);
• Existing and /or proposed parking and loading areas (including a matrix
indicating required and provided parking and loading, and required parking
for the disabled);
• Required yards, open space and preserve areas;
• Proposed and /or existing location of utility services to the site; and
• Proposed and /or existing landscaping and buffering that may be required by
the County.
10. An architectural rendering of any proposed structures.
11. Environmental Data Requirements. wSee LDCsubsection 3.08.00A.
12. Statement of utility provisions.
13. Traffic Impact Study C*See Chapter 7 of the Administrative Code.
14. Historical /Archeological Survey or Waiver.
15. The name and mailing address of all registered Home Owners Association's that could
be affected by the application.
16. Signed and sealed survey by a licensed professional surveyor and mapper.
17. Addressing checklist.
18. A copy of the pre - application meeting notes.
19. Owner /agent affidavit as to the correctness of the application.
20. Electronic copies of all documents.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice- Notification requirements are as follows. q See Chapter 8 of the Administrative Code for
For parcels less than additional notice information.
10 contiguous acres
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
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2. Mailed Notice: Written notice shall be sent to property owners in the notification
Area at least 15 days before the advertised Planning Commission hearing.
Notice — Notification requirements are as noted above, in addition to the following: q See Chapter
For Parcels greater g of the Administrative Code for additional notice information.
than 10 contiguous
acres 1. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses;
• 2 in. x 3 in. map of the project location;
• PUD name and ordinance number;
• Description of rezone; and
• Description of location.
2. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
PUBLICHEARING REQUESTING REZONE APPROVAL
PETITION NUMBER:
TO ALLOW:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD IN THE BOARD OF COUNTY
COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER
COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL
EAST, NAPLES, FLORIDA, 34112.
Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing for parcels that are less than 10
contiguous acres. The BCC shall hold 2 advertised public hearings for parcels that are
greater than 10 contiguous acres.
4. For a Collier County initiated rezoning:
• At least one hearing is held after 5 p.m. on a weekday, unless the BCC, by a
majority plus one vote, elects to conduct that hearing at another time of day.
• The first public hearing is held at least 7 days after the day that the first
advertisement is published.
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• The second hearing shall be held at least 10 days after the first hearing and is
advertised at least 5 days before the public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare a Report and schedule a hearing date
before the Planning Commission to present the petition. The Planning Commission may
approve, approve with conditions /stipulations, or deny the petition.
Following the recommendation by the Planning Commission, the Planning & Zoning
Department will prepare an Executive Summary and schedule a hearing date before the
BCC to present the petition for review. The BCC may approve, approve with
conditions /stipulations, or deny the petition.
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I. Sign Variance
Reference LDC sections 5.06.08, 9.04.02, 8.10.00, and LDC Public Notice subsection 10.03.06 F.
Applicability This process applies to a request to vary from the required dimensional standards for a sign.
C*See Chapter 3 of the Administrative Code for a standard Variance.
Initiation The applicant files a "Sign Variance Petition" with the Planning & Zoning Department.
Pre - Application A pre - application meeting is required.
Application The application must include the following:
Contents
1.
Applicant contact information.
2.
Addressing checklist.
3.
Electronic copies of all documents.
4.
Property information, including:
• Legal description;
• Length and height of wall upon which the sign will be secured, if a wall sign;
and
• Width of the subject property measured by the road frontage.
S.
Survey or Site Plan of property depicting the following:
• All property boundaries and dimensions;
• North arrow, date and scale of drawing;
• All existing and proposed signs (labeled as such);
• Existing and proposed sign setbacks; and
• Location map depicting major streets in area for reference.
6.
A detailed explanation of the variance request, including:
• Existing signs and what is proposed;
• The amount of variance proposed using numbers (i.e. reduce setback from 15
ft. to 10 ft.);
• If existing, explanation of how existing encroachment came to be; and
• Additional factors that address the criteria for a sign variance.
7.
A narrative and justification that the proposed sign variance meets the criteria identified
in LDC subsection 5.06.08 B.
8.
Notarized owner /agent affidavit as to the correctness of the application.
9.
An 8 %: in. x 11 in. graphic location map of the site.
10. A copy of the Pre - application meeting notes.
11. Once the first set of review comments are posted, the following mailed notice
documents shall be submitted to the assigned Planner:
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• A list of the names and addresses of property owners to receive the mailed
notice; and
• Draft of the mailed notice letter.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. C* See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners within 150 feet of the
subject area at least 15 days before the advertised Hearing Examiner hearing. The
mailed notice shall be sent by the applicant following approval by the Planning and
Zoning Department.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before the advertised Hearing Examiner hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
PUBLIC HEARING REQUESTING
PETITION NUMBER:
TO PERMIT:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD AT THE GROWTH
MANAGEMENT DIVISION BUILDING, 2800 N.
HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE
DESIGNATED.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. <*See Chapter 9 of
the Administrative Code for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report, utilizing the criteria
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established in LDC subsection 5.06.08 B.1., to present to the Office of the Hearing Examiner
for a decision.
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J. Variance
Reference LDC sections 9.04.00, 8.10.00, and LDC Public Notice subsection 10.03.06 F.
Applicability An applicant may seek a variance from dimension standards if the LDC creates an
unreasonable hardship, as defined in LDC section 9.04.00.
GaSee Chapter 3 L of the Administrative Code fora Sign Variance.
Initiation The applicant files a "Variance Petition Application" with the Planning & Zoning
Department.
Pre - Application A pre - application meeting is required.
Application The application must include the following:
Contents
1.
Applicant contact information.
2.
Addressing checklist.
3.
Electronic copy of all documents.
4.
Property information, including:
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Acreage; and
• Address of subject site and general location.
5.
Zoning Information, including:
• Zoning and land use of adjacent properties; and
• Minimum yard requirements for subject property.
6.
The name and mailing address of all registered Home Owners Associations and civic
associations whose members are impacted by the application.
7.
A detailed explanation of the request including:
• Existing and proposed structures;
• The amount of encroachment proposed;
• Survey of property showing the encroachment (measured in feet);
• Date of purchase by property owner;
• The date the existing principal structure was built (include building permit
numbers if possible);
• Explanation of why encroachment is necessary;
• How existing encroachment came to be, if applicable;
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8. Project narrative providing a detailed description /explanation of the variance, why it is
requested, and the relevant criteria in LDC section 9.04.03.
9. An Official Interpretation or Zoning Verification Letter, if applicable.
10. A copy of the Pre - application meeting notes.
11. A Conceptual Site Plan (24 in. x 36 in.) and one 8 % in. x 11 in. copy.
12. A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement of ownership.
13. An 8 % in. x 11 in. graphic location map of the site.
14. Aerial photographs (taken within the previous 12 months at a minimum scale of 1 in. _
200 ft.), showing FLUCCS Codes, legend, and project boundary.
15. Historical Survey or waiver, if applicable.
16. Environmental Data Requirements. C*See LDCsubsection 3.08.00 A.
17. Owner /agent affidavit as to the correctness of the application.
18. Once the first set of review comments are posted, the following mailed notice
documents shall be submitted to the assigned Planner:
• A list of the names and addresses of property owners to receive the mailed
notice; and
• Draft of the mailed notice letter.
Completeness and
The Planning & Zoning Department will review the application for completeness. After
Processing of
submission of the completed application packet accompanied with the required fee, the
Application
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice
Notification requirements are as follows. G see Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners within 150 feet of the
subject area at least 15 days before the advertised Hearing Examiner hearing. The
mailed notice shall be sent by the applicant following approval by the Planning and
Zoning Department.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the requested variance; and
• 2 in. x 3 in. map of the project location.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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PUBLICHEARING REQUESTING
PETITION NUMBER:
TO PERMIT:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME: _
CONTACT:
THE ABOVE TO BE HELD AT THE GROWTH
MANAGEMENT DIVISION BUILDING, 2800 N.
HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE
DESIGNATED.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. gSee Chapter 9
of the Administrative Code for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report, utilizing criteria
established in LDC section 9.04.03, to present to the Office of the Hearing Examiner for a
decision.
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Chapter 4. Administrative Procedures
The permits and approvals listed in this Chapter do not require a public hearing, unless a decision on the permit is
appealed.
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Chapter 4 1 Administrative Procedures
A. Architectural Plans
Reference LDC sections 5.05.08 and 10.02.03.
Applicability Architectural review is required for buildings, structures, and projects as described in LDC
subsection 5.05.08 B.
w See Chapter 6 F. of the Administrative Code to request an Alternative Architectural
Design.
Pre - Application A pre - application meeting maybe required as a component of the submittal of the Site
Development Plan, Site Development Plan Amendment, Site Improvement Plan, Alternative
Architectural Design Standards Plan, or Building Permit application, as applicable.
Initiation The applicant submits architectural plans to the Planning & Zoning Department in
conjunction with the Site Development Plan, Site Development Plan Amendment, Site
Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit
application, as applicable.
Application The application must include the following:
Contents pursuant to LDC section 5.05.08, architectural drawings shall be signed and sealed by a
licensed architect registered in the State of Florida.
1. Scaled elevations for all sides of the building at a minimum of 1/8 in. scale.
2. Floor plans of each proposed building with dimensions.
3. If rooftop equipment is proposed, scaled wall section from top of roof to grade.
4. Renderings to show materials, color scheme and /or paint chips, and roof color
samples, in particular for elevations with multiple colors and /or for colors restricted by
the LDC.
5. For projects subject to LDC subsection 5.05.08 C.3 Facade /wall height transition
elements must include site sections showing the relationship to adjacent structures.
Completeness and The Architectural Plans are processed in conjunction with the Site Development Plan, Site
Processing of Development Plan Amendment, Site Improvement Plan, Alternative Architectural Design
Application Standards Plan, or Building Permit application, as applicable.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Architectural Plans will be reviewed by the Planning & Zoning Department as part of
the Site Development Plan, Site Improvement Plan, Alternative Architectural Design
Standards Plan, or Building Permit application.
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B. Coastal Construction Setback Line Permit
Reference LDC subsection 10.02.06 G.
Applicability This procedure applies to the following activities seaward of the Coastal Construction
Setback Line (CCSL):
1. Construction of dune walkovers.
2. Creation, restoration, re- vegetation or repair of the dune or other natural area on an
individual parcel of land.
3. Activities that temporarily alter ground elevations, such as artificial beach
nourishment projects, excavation, or maintenance dredging of inlet channels.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files a "Coastal Construction Setback Line Permit Application" with the
Planning and Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including:
• Legal description;
• Address of subject property;
• Proposed activity; and
• Proposed dates to start and end work.
3. Addressing checklist.
4. An aerial photograph with the property clearly delineated and the proposed areas for
site improvements.
S. Site Plan, depicting the following:
• General location of lot;
• All lot dimensions;
• The established Coastal Construction Control Line as established by law
(1974);
• Location of area of the proposed work;
• Location of the landward and seaward edges of the dune (vegetation line)
and a rough profile of the existing dune;
• Approximate locations of existing structures on adjacent lots; and
• Vegetation inventory of the area of proposed work.
6. Permits: All Federal, State, and local permits shall be submitted prior to construction
and before the pre- construction meeting. If approved by the County Manager or
designee, an applicant may submit Federal, State and local agency permits at the pre -
construction meeting. Permits may include, but shall not be limited to:
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IGhapter 4 Administrative Procedures
• Florida Department of Environmental Protection (FDEP) permits; and
• Vehicle on the Beach permit. This permit shall be obtained if it is necessary
to use a vehicle on the beach for completion of the project. The permit shall
be obtained and the work shall be completed prior to Sea Turtle Nesting
Season (May 15t through October 31s)
Completeness and The Natural Resources Department will review the application for completeness. The
Processing of completed application packet must be accompanied with the required fee. The tracking
Application number (i.e., XX201200000) will be assigned to the petition. This petition tracking number
should be noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Natural Resources Department will approve, approve with conditions, or deny a
Coastal Construction Setback Line permit based on criteria in LDC subsection 10.02.06 G.
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C. Certificate of Public Facility Adequacy (COA) 9 A 2
C.1. COA for Roadways
Reference LDC section 10.02.07 and Code of Laws and Ordinances section 74- 302(h).
Applicability 1. A certificate of public facility adequacy (COA) is required for any development that
generates additional impacts or demands on public facilities. A COA ensures that
adequate public facilities are available and no development orders subject to
concurrency regulation are issued unless adequate public facilities are available to
serve the proposed development.
2. An application for a COA shall only be submitted as part of an application for one of
the following development orders:
• A final subdivision plat and amendments thereof;
• A final approved site development plan or site improvement plan and
amendments thereof;
• A building permit or mobile home tie -down permit issued by the County; or
• As provided for in an enforceable development agreement with Collier
County pursuant to the provisions of F.S. § 163.3220 - 163.3242 or another
agreement acceptable to the BCC, in conjunction with the approval of a
development order and /or a certificate of public facility adequacy.
3. The following are exempt from concurrency review CgSee LDC section 10.02.07 for
further information:
• Certain development of regional impact (DRI) orders that were approved
prior to January 10, 1989; G See LDCsubsection 10.02.07 B for exemptions
to this provision.
• Construction of public facilities that are consistent with the Collier County
Growth Management Plan;
• Temporary construction and development permits;
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• Replacement, reconstruction, and repair of existing development;
• Temporary use permits, not to exceed 1 year; and
• Development that is subject to a vested rights determination.
Pre - application
A pre - application meeting may be required as a component of the submittal of the
Construction Plans and Final Subdivision Plat and amendments thereof, Site
Development Plan, Site Development Plan Amendment, and Site Improvement Plan, as
applicable.
Initiation
The applicant files a "Collier County Certificate of Public Facility Adequacy Application"
with the requested development order application with the Planning and Zoning
Department or the Building Department.
Application
The application must include the following:
Contents
1. Applicant contact information.
2. Reason for application, i.e. what type of development order.
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3. Type of development.
4. Property information, including:
• Legal description;
• Property identification number;
• Section, township and range; and
• Subdivision, unit, lot /parcel and block, or metes and bounds description.
5. Development information, including whether there are previous structures on the
property.
6. Estimated Transportation Impact Fee calculations.
Completeness and Impact Fee Administration will review the application for completeness. The completed
Processing of application packet must be accompanied with the required fee. The tracking number
Application used for the requested development order will be included on the application (i.e.,
XX201200000) This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process Impact Fee Administration will review the application, identify whether additional
materials are needed, and verify the calculations of fees in accordance with LDC
subsection 10.02.07 C and Code of Laws and Ordinances section 74- 201.
1 yr. Traffic Capacity 1. Pursuant to LDC subsection 10.02.07 C.4, the Engineering Services Department shall
Reservation and review the Traffic Impact Study (TIS) for concurrency. The Engineering Service
Estimated Impact Department shall set aside and allocate a 1 year Traffic Capacity Reservation from
Fee Payment the date of TIS approval by Staff for all or part of the proposed development.
2. Within 1 year of TIS approval the applicant must receive approval of the requested
development order and shall pay the applicable roadway impact fees to obtain the
COA.
3. If the requested development order is not approved within 1 year of the TIS
approval date, the applicant may petition the BCC to extend the Traffic Capacity
Reservation for 1 year.
Failure to Pay If the requested development order is approved and the applicant fails to pay the road
Estimated Impact impact fees as required by Code of Laws and Ordinances section 74 -302 within the 1
Fees year Traffic Capacity Reservation period, the 1 year Traffic Capacity Reservation shall be
invalid and the applicant shall re -apply for a COA.
Final Impact Fee At the time of building permit application, the road impact fees will be calculated based
Payment on the intensity of development permitted for construction and the road impact fee
schedule in effect at the time of the building permit(s) application submittal. The
applicant shall pay any additional road impact fees that are due over the estimate, prior
to the issuance of the building permit(s).
Appeal Appeal of a COA shall be pursuant to Code of Laws and Ordinances section 250 -58.
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C.2. COA for Non - Roadway public facilities
Reference LDC section 10.02.07 and Code of Laws and Ordinances section 74 -302.
Applicability Certificates of public facility adequacy for non - roadway "Category A" capital
improvements shall be issued simultaneously with the issuance of the building permit.
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D. Early Work Authorization (EWA)
Reference
LDC subsection 10.01.02 B.
Applicability
This procedure applies to a request for an Early Work Authorization (EWA). The
Engineering Services Department may approve an EWA permit for one or more of the
following activities:
• Vegetation removal (site clearing);
• Excavations;
• Site filling;
• Construction of stormwater management facilities limited to ponds, lakes,
retention /detention areas, interconnection culverts, and swale systems;
• Off -site infrastructure; and
• Construction of a perimeter landscape buffer, berm, wall, or fence.
Pre - application
A pre - application meeting is not required.
Initiation
The applicant files an "Application For Early Work Authorization (EWA)" with the Planning
& Zoning Department.
Application Contents
The application must include the following:
1. Applicant contact information.
2. Original SDP /PPL AR /PL number.
3. Right -of -way permit number.
4. Plan Cover Sheet.
5. Excavation Plan.
6. Clearing Plan.
7. Erosion Control Plan.
8. Fill Plan.
9. A vegetation bond in the form of a performance bond, letter of credit, or cash bond in
the amount of $2,000 per acre shall be posted for stabilization with vegetation in
accordance with LDC subsection 4.06.04 A.3.
10. Copies of the following if available and applicable:
• DEP Permit;
• USACE Permit; and
• SFWMD Environmental Resource Permit (ERP)
11. Owner /agent affidavit as to the correctness of the application.
12. Letter of Authorization, if required.
13. Addressing checklist.
Completeness and
The Engineering Services Department will review the application for completeness. The
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Processing of completed application packet must be accompanied with the required fee. The tracking
Application number (i.e., XX201200000) will be assigned to the petition. This petition tracking number
should be noted on all future correspondence regarding the petition.
Notice
No notice is required.
Public Hearing
No public hearing is required.
Decision Maker
The County Manager or designee.
Review Process
The Engineering Services Department will review the application and identify whether
additional materials are needed. Staff will prepare a letter of approval or denial based on
the criteria identified in LDC subsection 10.01.02 B.
Pre - Construction
A pre- construction meeting shall be scheduled with the Engineering Services Department
Meeting
prior to the commencement of work. All Federal, State, and local permits shall be
submitted prior to commencement and before the pre- construction meeting. if approved
by the County Manager or designee, an applicant may submit Federal, State and local
agency permits at the pre- construction meeting.
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E. Vegetation Removal Applications
E.1. Agricultural Land Clearing Permit
Reference
LDC subsection 10.02.06.0 and F.S. § 163.3162(4) or 823.14(6).
Applicability
This procedure applies to any request to receive an Agricultural Land Clearing
permit which is required for agricultural operations that fall outside the scope of the
Agricultural Lands and Practices Act, F.S. § 163.3162(4) or the Right to Farm Act, F.S.
§ 823.14(6). 4*See Chapter 4 E.2 of the Administrative Code for the Agricultural
Land Clearing Notice.
Exemptions for an Agricultural Clearing permit are identified in LDC subsection
10.02.06 C.1.d.
Pre - Application
A pre - application meeting is not required.
Initiation
The applicant files an "Agricultural Clearing Permit Application" with the Planning &
Zoning Department.
Application
The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including:
• Legal description;
• Acreage;
• Proposed acreage to be cleared; and
• Street address of subject property.
3. Zoning information, including:
• Zoning district, including zoning overlays; and
• Proposed agricultural use.
4. A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement of ownership clearly.
5. Special Treatment (ST) permit, if one has been previously granted.
6. Pursuant to LDC subsection 10.02.06.C:
• Silviculture operation information and management plan, prepared by
a forester or resource manager, if applicable;
• Generalized vegetation inventory and clearing plan;
• Data on wetland impacts and protected wildlife species habitat subject
to the GMP, Conservation and Costal Management Element, and the
LDC, if applicable; and
• Signed agreements.
7. Prior to the clearing of the land, the following state and federal permits shall be
submitted, if applicable:
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• SFWMD consumptive use permit or exemption (for the withdrawal of
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water);
• SFWMD surface water management permit or exemption (for control
of surface water, i.e. dikes and ditches); and
• US Army Corps of Engineers permit (for wetland impacts).
Completeness and
The Natural Resources Department will review the application for completeness.
Processing of
The completed application packet must be accompanied with the required fee. The
Application
tracking number (i.e., XX201200000) will be assigned to the permit. This permit
tracking number should be noted on all future correspondence regarding the
petition.
Notice
No notice is required.
Public Hearing
No public hearing is required.
Decision maker
The County Manager or designee.
Review Process
The Natural Resources Department will approve, approve with conditions, or deny
the agricultural clearing permit in writing based on criteria in LDC subsection
10.02.06 C.
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E.2. Agricultural Clearing Notice
Reference
LDC subsection 10.02.06 C and F.S. § 163.3162(4) or 823.14(6)
Applicability
This procedure applies to a request to receive an Agricultural Clearing Notice which
is required for agricultural operations that fall within the scope of the Agricultural
Lands and Practices Act, F.S. § 163.3162(4) or the Right to Farm Act, F.S. § 823.14(6).
Pre - Application
A pre - application meeting is not required.
Initiation
The applicant files an "Application for an Agricultural Clearing Notification" with the
Planning & Zoning Department.
Pursuant to sections F.S. § 163.3162(4) or 823.14(6), the property owner shall file
the application no later than 60 days prior to the removal of vegetation.
Application
The application must include the following:
Contents for a Land
1. Applicant contact information.
clearing notice
2. Property information, including:
• Legal description;
• Street address of subject property;
• Current property acreage;
• Proposed acreage to be cleared;
• Acreage of existing native vegetation on site; and
• Date of clearing to begin and expected date of clearing completion.
3. Zoning information, including:
• Zoning district, including zoning overlays;
• Proposed agricultural use; and
• Basis of property exemption from local regulation pursuant to
Agricultural Lands and Practices Act section 163.3162(4) F.S. and the
Right to Farm Act section 823.14(6) F.S.
4. The date on which land clearing will begin.
5. The date on which land clearing is expected to be completed.
6. An aerial photograph or site plan that includes a general vegetation inventory
identifying the acreage of existing native vegetation on site and proposed
clearing plan.
7. Proof that the property is classified as agricultural by property appraiser, i.e.
Agricultural Exemption.
8. Description and evidence of bona fide agricultural operations.
9. List Best Management Practices, interim measure or regulations governing the
agricultural operation.
10. Signed agreements, pursuant to LDC subsection 10.02.06 C.2.
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Completeness and The Natural Resources Department will review the application for completeness.
Processing The completed application packet must be accompanied with the required fee. The
tracking number (i.e., XXX201200000) will be assigned to the petition. This petition
tracking number should be noted on all future correspondence regarding the
petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Natural Resources Department will approve, or deny the agricultural clearing
permit in writing based on F.S. § 163.3162(4) or § 823.14(6). Where the agricultural
clearing permit is denied, the letter shall state the reason(s) for denial.
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E.3. Cultivated Tree Removal Permit
Reference LDC subsection 10.02.06 I.
Applicability The Cultivated Tree Removal Permit applies to the removal or relocation of any
tree or palm installed for landscaping and which is not a part of a preserve.
The provisions of this section are applicable to all development except for single -
family home sites. However, such single - family home sites shall maintain the
minimum number of trees required by the landscape code, identified in LDC
section 4.06.05.
Initiation The applicant files a "Landscape Tree Removal for Cultivated Landscapes'
application with the Planning & Zoning Department.
Pre - Application A pre - application meeting is not required.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Addressing checklist.
3. Property information, including:
• Detailed description of property location; and
• Address of subject property.
4. Reason for proposed tree removal and a brief description of trees to be
removed.
S. Photographs of specific tree related problems or damage, if applicable.
6. Any professional recommendation of an arborist, urban forester, or landscape
architect, if available.
7. Endangered Wildlife Habitat information.
8. Types of trees to be used for replacement.
9. Proof of ownership such as a warranty deed or tax statement.
10. A site plan depicting the following:
• Location and type of proposed trees to be removed;
• Location of proposed replacement or relocated trees, buildings,
paved areas, structures and utilities and type of trees proposed for
replacement;
• The Planning and Zoning Department may require the site plans be
prepared by a landscape architect registered in the State of Florida
when the tree removal exceeds 10 trees; and
• If the site plan does not provide sufficient information to determine
which trees will be affected by the proposed tree removals, the
Planning & Zoning Department may require that a tree survey of the
site be prepared and submitted to the Planning & Zoning
Department for review.
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11. The name, phone number, and mailing address of all registered Home Owners
Association's that could be affected by the application.
12. Separate letters stating the following, if applicable:
• The removal of the tree(s) in question is approved by the HOA; and
• If the application is submitted by an agent, a letter from the
homeowner /property owner stating the removal of the tree is
approved.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying
the applicant that the petition is being processed. Accompanying that response
will be a receipt for the payment and the tracking number (i.e., XX201200000)
assigned to the petition. This petition tracking number should be noted on all
future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The County Manager or designee will review and approve, approve with
conditions, or deny the application based on criteria outlined in LDC subsection
10.02.061.
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E.4. Vegetation Removal Permit
Reference LDC section 3.05.00.
Applicability This process applies to a request to remove protected vegetation, as defined in
the LDC, other than that planted for landscaping.
C*See LDC section 3.05.00 for exemptions.
GSee Chapter 4 E.5 of the Administrative Code for Vegetation Removal and Site
Filling
Initiation The applicant files a "Vegetation Removal Permit" application with the Natural
Resources Department.
Pre - Application A pre - application meeting is not required.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Addressing checklist.
3. Property information, including:
• Legal description;
• Detailed location and description of property;
• Directions to subject site;
• Reason for proposed removal and brief description of the
vegetation to be removed;
• Total acreage to be removed;
• Proposed method of vegetation removal; and
• Proposed methods to protect vegetation to be preserved.
4. Proof of Ownership.
S. Owner /agent affidavit as to the correctness of the application and
affirmation of compliance with the conditions of the permit.
6. A generalized vegetation inventory which includes:
• Generalized vegetation inventory superimposed on a current
aerial. A generalized vegetation inventory shall show the
approximate location and extent of vegetation on the site. The
inventory shall be based upon the most current available
information. The inventory shall be in the form of an aerial or a
field survey, and may be accompanied by photographs illustrating
typical areas of vegetation referenced to positions on the aerial or
survey, but shall clearly indicate habitat types and protected
vegetation. The generalized vegetation inventory shall be prepared
in some manner which clearly illustrates the relationships between
the areas of vegetation and the proposed site improvements.
• Generalized written assessment and evaluation. The generalized
vegetation inventory shall be accompanied by a brief written
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assessment of the plant communities which have been identified
on the site. The assessment shall include an evaluation of
character and quality of the plant communities identified,
including their rarity, viability, and such other physical
characteristics and factors that may affect their preservation, and
presence of any bald eagle nests. The inventory assessment and
evaluation shall be prepared by a person knowledgeable in the
identification and evaluation of vegetative resources, such as a
forester, biologist, ecologist, horticulturist, landscape architect, or
certified nurseryman.
• Reasonable additional information. The County Manager or
designee may require that the application include additional
information which is reasonable and necessary to demonstrate
compliance with the criteria in LDC section 3.05.04 and 3.05.05.
7. A site plan which depicts the following:
• Property dimensions;
• Location of existing infrastructure and alterations;
• Location of proposed structures, infrastructure, and alterations;
• The location and species of all protected vegetation. Large stands
of a single species, such as cypress heads, may be indicated as a
group with an approximate number or area;
• Designation of all protected vegetation proposed for removal; and
• Location and details of protective barricading of the vegetation to
be retained.
8. County Permits: All County permits and necessary applications requiring
County approval and other permitting and construction related items,
including but not limited to the following, shall be submitted and approved
with the Vegetation Removal Permit:
• Building permits (except in accordance with LDC subsection
4.06.04 A);
• Special Treatment (ST) development permits; and
• Any other required county approvals.
9. Non - County Permits: All non - County permits, including but not limiting to
the following, shall be submitted prior to vegetation removal:
• U.S. Army Corps of Engineers permits;
• Florida DEP permits or exemptions;
• U.S. Fish and Wildlife Service permits or exemptions;
• Florida Fish and Wildlife Conservation Commission permits or
exemptions;
• SFWMD permits or exemptions; and
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• Other applicable agency reviews or permits or exemptions.
Completeness and The Natural Resources Department will review the application for
Processing of completeness. The completed application packet must be accompanied with
Application the required fee. The tracking number (i.e., XX201200000) will be assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Natural Resources Department will approve, approve with conditions, or
deny the permit based on criteria in LDC section 3.05.05.
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E.5 Vegetation Removal and Site Filling Permit (VRSFP)
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Reference LDC section 4.06.04
Applicability This process applies to a request to clear and fill land for residential, commercial,
or industrial lots or building sites where lakes are excavated within a PUD or
project, and where an approved SDP, SIP, or PPL has identified the lot or site for
future development.
Pursuant to LDC section 4.06.04 the VRSFP does not apply to the Golden Gate
Estates subdivision.
C*See LDC section 3.05.02 for exemptions for vegetation clearing.
q See Chapter 5 D. for Construction Plans and Final Subdivision Plats.
Initiation The applicant files a "Vegetation Removal and Site Filling Application" with the
Engineering Services Department.
Pre - Application A pre - application meeting is not required.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Addressing checklist.
3. Legal description of the subject property.
4. Detailed location and description of the subject property.
5. Reason for proposed clearing /filling.
6. Disclosure of ownership.
7. Owner /agent affidavit as to the correctness of the application and affirmation
of compliance with the conditions of the permit;
8. Site Filing /Grading Plan, if requested.
9. Site re- vegetation plan, if requested.
10. Site Stabilization Plan for areas impacted by vegetation removal and /or site
filing.
11. Vegetation removal requirements, if requested.
12. Site plan with area requested for clearing delineated.
13. A Vegetation Relocation Plan, if applicable. g5ee LDC subsection 3.05.05 H.
14. A management plan, if applicable.
15. Environmental Data Requirements, <*See LDCsubsection 3.08.00A.
16. Generalized vegetation inventory, which includes:
• Generalized vegetation inventory superimposed on a current aerial.
A generalized vegetation inventory shall show the approximate
location and extent of vegetation on the site. The inventory shall be
based upon the most current available information. The inventory
shall be in the form of an aerial or a field survey, and may be
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accompanied by photographs illustrating typical areas of vegetation
referenced to positions on the aerial or survey, but shall clearly
indicate habitat types and protected vegetation. The generalized
vegetation inventory shall be prepared in some manner which clearly
illustrates the relationships between the areas of vegetation and the
proposed site improvements.
• Generalized written assessment and evaluation. The generalized
vegetation inventory shall be accompanied by a brief written
assessment of the plant communities which have been identified on
the site. The assessment shall include an evaluation of character and
quality of the plant communities identified, including their rarity,
viability, and such other physical characteristics and factors that may
affect their preservation, and presence of any bald eagle nests. The
inventory assessment and evaluation shall be prepared by a person
knowledgeable in the identification and evaluation of vegetative
resources, such as a forester, biologist, ecologist, horticulturist,
landscape architect, or certified nurseryman.
• Reasonable additional information. The County Manager or designee
may require that the application include additional information
which is reasonable and necessary to demonstrate compliance with
the criteria in LDC section 3.05.04 and 3.05.05.
Completeness and The Engineering Services Department will review the application for
Processing of completeness. The completed application packet must be accompanied with the
Application required fee. The tracking number (i.e., XX201200000) will be assigned to the
petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Posting of a bond A bond, letter of credit, or cash bond shall be posted for a permit within a
subdivision, pursuant to LDC subsection 4.06.04. A.3.e.
Review Process The Engineering Services and Natural Resources Departments will approve,
approve with conditions, or deny the permit based on criteria in LDC subsection
4.06.04 A.
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F. Mixed Use Project - Administrative Approval
Reference LDC sections 10.02.15 and 4.02.16.
Applicability This procedure applies to a request for a mixed use project (MUP) within the Bayshore
Gateway Triangle Redevelopment Area that is not seeking a Density Bonus and /or is eligible
for administrative deviations pursuant to LDC subsections 10.02.15 A.1 and 10.02.15 B.
Eligible Applicants Property owners in the following zoning districts:
• Bayshore Mixed Use District, Neighborhood Commercial (BMUD -NC) Subdistrict
• Bayshore Mixed Use District, Waterfront (BMUD -W) Subdistrict
• Gateway Triangle Mixed Use District Overlay, Mixed Use District (GTMUD -MXD)
Subdistrict.
Pre - application A pre - application meeting is required.
Initiation The applicant files a "Mixed Use Project Plan (MUP) — Administrative Approval' application
with the Planning & Zoning Department.
Application Pursuant to LDC subsection 10.02.15 A.1.b, MUPs that may be administratively approved
Contents shall follow the applicable submittal requirements of a site development plan. q See
Chapter 4 1. of the Administrative Code for additional information.
Completeness and
The Planning & Zoning Department will review the application for completeness. After
Processing of
submission of the completed application packet accompanied with the required fee, the
Application
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice
No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Staff Review The Planning & Zoning Department will review the application, identify whether additional
Process materials are needed and prepare a letter of approval or denial utilizing the criteria
identified in the LDC subsection 10.02.15 A.1. and 10.02.15 B.
Appeals Administrative appeals shall be in accordance with the Code of Laws and Ordinances section
250 -58.
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G. Official Interpretation of the Land Development Code
Reference LDC section 1.06.01 and LDC Public Notice subsection 10.03.06 P.
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Applicability Any affected person, resident, developer, land owner, or entity that is subject to the
LDC may make a request to clarify the requirements for development approval or the
meaning of a particular term, phrase, or requirement of the LDC.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files an "Application for Official Interpretation" with the Planning &
Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Request details, pursuant to LDC section 1.06.01:
• Each request must identify the specific LDC citation to be interpreted;
and
• A request for interpretation may contain no more than 3 issues or
questions. The request must not contain a single question with more
than three sub - issues or questions. If it is determined by the
appropriate official that the request for interpretation contains more
than three issues, the applicant will be required to submit a separate
request accompanied by the applicable fees.
3. An interpretation of the request prepared by the applicant. The interpretation
shall include justification for the request.
Completeness and After submission of the completed application packet accompanied with the required
Processing of fee, the applicant will receive an electronic response notifying the applicant that the
Application petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice — For
Notification requirements are as follows. q See Chapter 8 of the Administrative Code
interpretation of
for additional notice information.
County wide
application of the
1. Newspaper Advertisements: Upon issuance of the interpretation, the County
GMP and LDC
Manager or designee shall provide a legal advertisement that is published in a
newspaper of general circulation. The advertisement shall include at a minimum:
• Brief summary of interpretation;
• Location of affected property; and
• Appeal time frame.
Notice- For
Notification requirements are as follows. q See Chapter 8 of the Administrative Code
interpretations
for additional notice information.
affecting a specific
parcel of land
1. Notification of affected property owner: If an official interpretation has been
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requested by an affected party other than the property owner, Collier County
shall notify the property owner that an official interpretation has been
requested.
2. Mailed Notice: Upon issuance of the interpretation, the County Manager or
designee shall provide written notice of the interpretation to property owners
within 300 feet of the property lines of the land for which the interpretation is
requested.
3. Newspaper Advertisements: Upon issuance of the interpretation, the County
Manager or designee shall provide for a legal advertisement that is published in
a newspaper of general circulation. The advertisement shall include at a
minimum:
• Brief summary of interpretation;
• Location of affected property;
• Appeal time frame; and
• Project Location Map, if site specific.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process 1. The Planning & Zoning Department shall determine whether the request is
complete. If the Department determines that the request is not complete, the
Department shall identify the deficiencies in a written notice to the applicant.
The Department shall take no further action on the request for the official
interpretation until the deficiencies are addressed.
2. After the request for the official interpretation is complete, the County Manager
or designee shall review and evaluate the request in light of the Growth
Management Plan and LDC, as applicable, and render an official interpretation.
3. The County Manager or designee may consult with the county attorney and
other county departments before rendering an interpretation. Prior to the
release of the official interpretation to the applicant, the official interpretation
shall be reviewed by the county attorney for legal form and sufficiency.
4. The interpretation shall be in writing and shall be sent to the applicant by
certified mail with a return receipt requested.
Timing Pursuant to LDC section, official interpretations shall be rendered within 45 days of
issuance of a determination of completeness.
Official Record The County Manager or designee shall maintain an official record of all
interpretations rendered. The official interpretations shall be available for public
inspection during normal business hours.
Appeals An official interpretation may be appealed to the BZA by the applicant, affected
property owner, aggrieved, or adversely affected party within 30 days from the
receipt by the applicant or affected property owner of the written official
interpretation or within 30 days of the newspaper publication. C* See Chapter 3 A. of
the Administrative Code.
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H. Sign Permit
Reference LDC section 5.06.00.
Applicability This procedure applies to any construction, installation, rebuilding, reconstruction,
relocation, alteration, or change in the sign, including a change in the graphics or
message of any sign.
Pre - application A pre - application meeting is not required.
Initiation The applicant files a Sign Permit application with the Operations & Regulatory
Management Department.
The Sign Permit can be downloaded from the Collier County website by following this
link: http: / /www.colliergov .net /index.aspx ?page =3428
Application Submittal Credentials: All drawings, plans, and specifications for pole signs, projecting
Contents signs, and any ground sign over 32 square feet or 8 feet in height shall be
submitted by a Florida certified design professional.
The application must include the following:
1. Applicant contact information.
2. Notarized approval letter from property owner or management company.
3. The legal description and the street address of the property upon which the sign is
to be erected.
4. The dimensions of the sign including height.
5. The graphics /message to be placed on the sign face.
6. If the sign or sign graphics /message is illuminated or electronically operated, the
technical means by which this is to be accomplished.
Additional In addition to the application contents mentioned above, applications for a Wall Sign
Requirements for must also include the following, pursuant to LDC section 5.06.11:
Wall Signs
1. Two copies of the Construction Drawings, including:
• Method of attachment or Engineering;
• Color rending; and
• Dimensions of signage.
2. Two copies of the Elevation Drawings, including:
• Identifying the height and width of the unit or building;
• Placement of sign on elevation;
• 10 percent clear area; and
• Site plan showing location if more than 1 wall sign is applied for. q See
Freestanding Sign site plan requirements below.
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Additional In addition to the application contents mentioned above, applications for a Freestanding
Requirements for Sign must also include the following, pursuant to LDC section 5.06.11:
Freestanding Signs
1. Two copies of the Construction Drawings, including:
• Method of attachment or Engineering;
• Color rendering; and
• Dimension of signage.
2. Two copies of the Site Plans, including:
• Showing placement of sign;
• Showing setbacks from sign to property lines;
• Showing road frontage dimensions; and
• Showing location.
Completeness and The Operations and Regulatory Management Department will review the application for
Processing of completeness. After submission of the completed application packet accompanied with
Application the required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the permit is being processed. Accompanying that response will be a
receipt for the payment and the tracking number assigned to the permit. This permit
tracking number should be noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Operations and Regulatory Management Department will review the application
utilizing the criteria identified in LDC section 5.06.00.
Permit Number Following approval, the permit number shall be displayed or affixed at the base of the
Displayed sign structure, and
• Shall have the same life expectancy as the sign;
• Shall be clearly legible to a person standing five feet in front of the base of
the sign; and
• Shall be at least one -half inch ( % ") in height.
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I. Site Development Plan
I.1. Conceptual Site Plan (CSP)
Reference LDC subsection 10.02.03 C.
Applicability This procedure applies to any request for a Conceptual Site Plan, which is designed to be
an informal review and approval process that may precede a Site Development Plan
approval.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files an "Application for Conceptual site Plan (CSP)" with the Planning and
Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Narrative description of the project.
3. Property information, including:
• Legal description;
• Property identification number;
• Assigned project planner; and
• Total acreage of subject site.
4. Two site plans, drawn to scale, showing the location of proposed infrastructure and
buildings, zoning and land use of subject and surrounding properties, and required
perimeter landscape buffer and building setbacks, including:
• A table showing the required and provided setbacks and separation of
structures, with a reference to the applicable ordinance from which these
requirements are taken;
• A table showing parking calculations, and number of spaces required and
provided;
• For residential projects, a table showing the permitted density and the
number of units provided, including the minimum floor per dwelling unit
required and provided; and
• A note on the site plan stating that: "Site geometry, parking, setbacks, and
landscape buffers shall meet the Collier County LDC and /or applicable PUD
ordinance requirements."
Completeness and The Planning & Zoning Department will review the application for completeness. The
Processing of completed application packet must be accompanied with the required fee. The tracking
Application number (i.e., PL201200000) will be assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
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Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and review the application for compliance with LDC
section 10.02.03 and other provisions of the LDC.
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I.2. Site Development Plans (SDP)
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Reference LDC section 10.02.03 and other provisions of the LDC.
Applicability All development is subject to this subchapter, unless it is exempt pursuant to LDC
subsection 10.02.03 A.3.
Pre - Application A pre - application meeting is required unless waived by the County Manager or designee at
the request of the applicant, pursuant to LDC subsection 10.02.03 D.
Initiation The applicant files an "Application for Site Development Plan" with the Planning & Zoning
Department.
Application Submittal Credentials: The engineering plans shall be signed and sealed by the applicant's
Contents and Site professional engineer licensed to practice in the State of Florida. The landscape
Plan Requirements plans shall be signed and sealed by a landscape architect registered in the State of
Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall
be signed and sealed by a licensed architect, registered in the State of Florida.
Sheet size: The site development plan and the coversheet shall be prepared on a maximum
size sheet measuring 24 inches by 36 inches, drawn to scale.
The application shall include the following, if applicable:
1. Applicant contact information.
2. Addressing checklist.
3. Warrant deed.
4. Property information, including:
• Project title;
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision name, unit, lot and block; and
• Scale, north arrow, and date.
5. Electronic copies of all documents.
6. Proof of ownership, including a copy of the recorded deed, contract for sale or
agreement for sale, or a notarized statement of ownership clearly demonstrating
ownership and control of the subject lot or parcel of land.
• The applicant shall also present a notarized letter of authorization from the
property owner(s) designating the applicant as the agent acting on behalf of
the owner(s).
7. Owner /agent affidavit as to the correctness of the application.
8. PUD Ordinance and Development Commitment Information.
9. PUD Monitoring Report and Schedule, if applicable.
10. A Cover Sheet with the following information:
• The project title and the name, address and phone number of the firm or
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agent preparing the plans and the name, address and telephone number of
the property owner;
• Zoning designation of the subject property. In the event that the property is
zoned PUD, the name of the PUD and the number of the ordinance approving
the PUD;
• Vicinity map clearly identifying the location of the development and its
relationship to the surrounding community; and
• A legal description and the property appraiser's property identification
number(s) /folio number(s) for the subject property or properties.
11. The following information shall be set forth on the site development plan and /or on a
separate data sheet used exclusively for that purpose:
• A narrative statement on the plan identifying the provisions of ownership and
maintenance of all common areas, open space, preservation areas, private
streets, and easements;
• A site summary in chart form which shall include the following information,
with development and dimensional standards based on the provisions of the
LDC and /or applicable PUD ordinance:
• Total site acreage;
• Total square footage of impervious area (including all parking areas,
drive - aisles, and internal streets) and its percentage of the total site
area;
• Total square footage of landscape area /open space and its
percentage of the total site area;
• For projects that include residential uses, total number of units,
density, units per acre, and a unit breakdown by square footage and
number of bedrooms, as well as minimum /maximum (as applicable)
floor area required and floor area proposed;
• For projects that include non - residential uses, total building footage
and a square footage breakdown by use (i.e., office, retail, storage,
etc.) and its percentage of the total building; for hotels and motels,
the minimum /maximum (as applicable) floor area, or proposed floor
area ratio, required, and floor areas;
• All required and provided setbacks and separations between
buildings and structures in matrix form;
• Maximum zoned building height allowed and actual building height
as defined in LDC section 1.08.00;
• Zoning and land use of the subject property and adjacent properties,
including properties abutting an adjacent right -of -way or right -of-
way easement; and
• North arrow, scale, and date.
• A parking summary in matrix form which shall include:
o Type of use;
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• Total square footage per use;
• Required parking ratio, number of standard spaces required by use,
and number provided;
• Number of loading spaces required and provided (if applicable); and
• Total number of spaces provided by use.
• The following building construction information must be included in the SDP
packet:
• Information in the Standard Building Code, type of construction,
number of stories, total square footage under roof, occupancy /use
and fire sprinkler intentions of all proposed structures so that a
needed fire flow may be determined;
• A fire hydrant flow test report from the applicable fire district for the
closest hydrant(s) to the project so that the available fire flow may
be determined; and
• Location of existing and proposed fire hydrants.
• Illustrative information accurately depicted unless waived at the pre -
application meeting:
o A boundary survey, prepared by a professional surveyor, showing the
location and dimensions of all property lines, existing streets or
roads, easements, rights -of -way, and areas dedicated to the public.
This survey shall be accompanied either by an attorney's opinion of
title, or by a sworn statement from the property owner(s) stating
that he or she has provided sufficient information to the surveyor to
allow the accurate depiction of the above information on the survey;
• Name, alignment and existing /proposed rights -of -way of all streets
which border the development (including raised islands, striping,
right /left turn lanes, median cuts and nearby intersections), the
location of all existing driveways or access points on the opposite
sides of all streets which border the development, and the location
of all traffic calming devices;
• Location and configuration of all development ingress and egress
points;
• Location and arrangement of all proposed buildings (including
existing buildings that are to remain);
• Location and configuration of all parking and loading areas;
• Name, alignment, and existing /proposed right -of -way of all internal
streets and alleys;
• Directional movement of internal vehicular traffic and its separation
from pedestrian traffic;
• Location and configuration of recreational facilities (including related
buildings, golf course areas, tennis courts, pools, etc.);
• Location and general configuration of all water and drainage
retention /detention areas as well as all existing and proposed
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easements, and water and sewer lines intended to serve the
development;
• Location and general configuration of such natural features as
preservation /conservation areas, water bodies, and wetlands;
• Location of emergency access lanes, fire hydrants and fire lanes;
• Location of all handicapped parking spaces;
• Location of trash enclosures;
• Location and heights of proposed walls or fences; and
• Accurate dimensions which include the following:
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• All building setbacks;
• Distance between buildings and accessory structures;
• Width of all internal streets;
• All parking areas and drive - aisles; and
• Landscape areas adjacent to all vehicular drives, interior
property lines and all parking areas.
• Traffic circulation, signing and marking plan, to include outside and
inside radii for all turn movements using a common pivot point for
both radii at each location;
• Access Management Exhibit, identifying existing and proposed
access points, nearest U turns and legal access to the site;
• Roadway elevations; and
• Any additional relevant information required by the Planning &
Zoning Department.
12. Architectural Plans. q see Chapter 4.A of the Administrative Code for Architectural
Plan submittals. The plans shall also include:
• If proposed, dumpster enclosure details depicting height and material and
color of walls and gates; and
• If proposed, light pole details depicting height and colors of pole and housing.
13. Stormwater management information as follows:
• The South Florida Water Management District Environmental Resource
Permit or General Permit number, if obtained;
• Stormwater management control structure(s) location (referenced to State
Plane Coordinates, Florida East Zone, North American Datum 1983 (NAD'83),
latest adjustment);
• Stormwater management control elevation(s) and overflow elevation(s)
(referenced to the North American Vertical Datum, 1988 (NAVD'88), latest
adjustment), and NGVD;
• Twenty- five - year /3 -day design discharge at control structure(s);
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• Drainage calculations, including pipe sizing calculations;
• Estimated cost of construction of roadways, paving, and drainage;
• Engineer's Report with Assumptions and Explanations;
• Engineering Review Checklist, signed by a professional engineer;
• Hydraulic Grade Line Pipe calculations for culverts; and
• Streetlight plan, for multi - family housing.
14. For residential projects subject to the provisions of LDC section 10.04.09, a completed
School Impact Analysis (SIA) application, location map and review fee.
15. Certificate of Adequate Public Facilities application, if applicable.
16. Landscaping Plan. A landscape plan which shall contain the following:
• Landscape summary. A landscape summary in matrix form which shall
include:
• Graphic symbol to indicate each type of plant material;
• Botanical name;
• Common name;
• Total number of each type of plant material;
• Height and spread of each type of plant material; and
• Spacing of each type of plant material.
• Illustrative information. Illustrative information consisting of the following
shall be accurately depicted on the landscape plan:
• The location, configuration, and arrangement of all proposed
buildings, internal streets and parking areas as reflected on the site
plan;
• The location and dimensions of all proposed landscaped areas with
appropriate graphic symbols including existing trees that are being
credited toward the development's landscaping requirements;
• Location and configuration of all special or textured paving areas;
• Provisions for site irrigation; and
• Any additional relevant information as may be required by the
County Manager or designee.
17. Vegetation inventory. A generalized vegetation inventory of the property shall be
required to the extent necessary, as determined at the pre - application meeting,
indicating the approximate location, densities and species of the following:
• Upland, wetland and estuarine vegetation including prohibited exotic
vegetation, mapped using FLUCFCS terminology;
• Any type of vegetation identified for preservation;
• Conservation easement including signed and sealed legal description and
boundary survey for preserve, include protective language, and provide a
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sketch and description in construction plans.
• Projects containing the following shall provide a survey identifying species
and locations on a current aerial photograph at a scale of 1 inch equals 200
feet or larger or superimposed on the site plan:
• Plants specified to remain in place or to be transplanted to other
locations on the property as specified in the applicable development
order.
• Specimen trees designated by the BCC, pursuant to LDC section
3.05.09.
• State or federal rare, threatened or endangered plan species
surveyed according to accepted Florida Fish and Wildlife
Conservation Commission or U.S. Fish and Wildlife Service methods.
• Existing trees that may be credited toward the development's
landscaping requirements.
• For proposed site alteration(s) within the coastal zone as depicted on the
future land use map, in addition to the foregoing requirements, the
vegetation inventory shall depict the categories of impact in accordance with
LDC sections 3.03.03- 3.03.04.
18. A recent aerial photo shall be provided at the same scale as the plan delineating the
development boundaries, unless waived at the pre - application meeting.
19. Density bonus. If a residential bonus is requested, as provided for in the Growth
Management Plan, a certified survey that clearly illustrates the location and
relationship of the development to the appropriate activity center and the related
activity band shall be required.
20. Building plans. Plans showing proposed building footprints, spatial relationship to one
another when there are multiple buildings and building heights.
21. Traffic Impact Study. C*See Chapter 7 of the Administrative Code.
22. Soil erosion and sediment control plan. 'See Chapter 7 of the Administrative Code.
23. Construction Plans. Detailed on -site and off -site infrastructure improvement plans and
construction documents prepared in conformance with the design standards identified
in LDC section 10.02.04 and any current county ordinances, regulations, policies and
procedures, which consist of, but are not limited to, the following items:
• A cover sheet setting forth the development name, applicant name, name of
Engineering firm, and vicinity map;
• Improvements for water and sewer service as needed or as may have been
specified during a site development plan review prepared in conformance
with the Utilities Standards and Procedures Ordinance, 2004 -31, as amended;
Improvements for roadway, motor vehicle and non- motorized circulation,
ingress and egress, parking and other transportation needs, including traffic
calming devices, required or as may have been specified during the site
development plan review, prepared in conformance with the subdivision
design requirements. Non - motorized circulation is defined as movement by
persons on foot, bicycle, or other human - powered device. Non - motorized
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circulation depicting sidewalks and bicycle facilities shall be consistent with
LDC subsection 5.05.08 A.5. Cross sections and details for improvements are
required;
• The absence of obstructions in the public right -of -way shall be demonstrated,
including provisions for safe and convenient street crossing;
• Cross sections and details for improvements required in LDC subsections
6.06.02 A.7 through 6.06.02 A.9;
• Improvements for water management purposes as needed or as may have
been specified during the site development plan review, prepared in
conformance with subdivision design requirements and pursuant to South
Florida Water Management District rules, chapter 40E -4, 40E -40 and 40E -41,
Florida Administrative Code;
• Citation to the applicable technical specifications for all infrastructure
improvements to be constructed;
• Engineering design computations and reports for water, sewer, roads, and
water management facilities, as required by federal, state, and local laws and
regulations.
• Topographical map of the property including:
o Existing features, such as, watercourses, drainage ditches, lakes,
marshes.
• Existing contours or representative ground elevations at spot
locations and a minimum of 50 feet beyond the property line.
• Benchmark locations and elevations (to both NGVD and NAVD).
• Site clearing plan and methods of vegetation protection.
• Where jurisdictional wetlands occur onsite, approved wetland jurisdictional
lines shall be shown on the construction plans.
24. County- Permits: All necessary permits and applications requiring County approval and
other permitting and construction related items, including but not limited to the
following, shall be submitted and approved with the site development plan. These
permits may include, but are not limited to the following:
• Excavation permit;
• A Collier County right -of -way permit;
• Blasting permit, prior to commencement of any blasting operation;
• Interim wastewater and /or water treatment plant construction or interim
septic system and /or private well permits prior to building permit approval;
• Any additional state and federal permits which may be required prior to
commencement of construction, addressing the impacts on jurisdictional
wetlands and habitat involving protected species;
• All other pertinent data, computations, plans, reports, and the like necessary
for the proper design and construction of the development that may be
submitted; and
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• All necessary performance securities required by Collier County ordinances in
effect at the time of construction.
25. Non - County Permits: All Federal, State, and other local permits shall be submitted
prior to construction and before the pre- construction meeting. If approved by the
County Manager or designee, an applicant may submit Federal, State and local agency
permits at the pre- construction meeting.
• Florida Department of Environmental Protection water and sewer facilities
construction permit application;
• Notice of Intent (NOI) to issue either a Florida Department of Transportation
Right -of -Way permit;
• South Florida Water Management District permit, if required or, Collier
County general permit for water management prior to site development plan
approval; and
• Any additional state and federal permits which may be required prior to
commencement of construction, addressing the impacts on jurisdictional
wetlands and habitat involving protected species, such as:
0 USACOE permit and exhibits. If no USACOE permit, SFWMD permit
and exhibits shall be submitted; and
0 For the RFMUD, Agency accepted UMAM /WRAP scores.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether additional
materials are needed and approve, approve with conditions or deny the application
utilizing the criteria identified in the applicable LDC sections.
Pre - Construction A pre- construction meeting shall be scheduled with the Engineering Services Department
Meeting prior to the commencement of construction. All Federal, State, and local permits shall be
submitted prior to construction and before the pre- construction meeting. If approved by
the County Manager or designee, an applicant may submit Federal, State and local agency
permits at the pre- construction meeting.
The following permits, if applicable, require final approval and issuance prior to the County
pre- construction meeting:
1. Florida Department of Transportation Right -Of -Way Construction Permit.
2. Collier County right -of -way [ROW] permit.
Digital Submittal After the final site development plan has been approved by the County Manager or
designee for compliance with the LDC as provided in section 10.02.03, the applicant's
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Requirements professional engineer shall submit:
1. Digitally created construction /site plan documents, and
2. 1 disk (CDROM) of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units;
as established by a Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or
Digital Exchange File (DXF) format; information layers shall have common naming
conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.).
For a plan to be deemed complete, the layering scheme must be readily understood by
county staff. All property information (parcels, lots, and requisite annotation) shall be
drawn on a unique information layer, with all linework pertaining to the property
feature located on that layer. Example: parcels —All lines that form the parcel
boundary will be located on 1 parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: Lot dimensions— Lottxt layer.
Updated
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1.3. Site Improvement Plan (SIP)
Reference LDC subsection 10.02.03 E and other provisions of the LDC.
Applicability This procedure applies to a site improvement plan (SIP) request. A SIP must meet all of
the criteria in LDC subsection 10.02.03 E.
Pre - application A pre - application meeting is required unless waived by the County Manager or designee
at the request of the applicant, pursuant to LDC subsection 10.02.03 E.
Initiation The applicant files a "Site Improvement Plan Application" with the Planning & Zoning
Department.
Application Submittal Credentials: Pursuant to LDC subsection 10.02.03 E, the engineering plans shall
Contents and Site be signed and sealed by the applicant's professional engineer licensed to
Plan Requirements practice in the State of Florida. For projects subject to LDC section 5.05.08,
architectural drawings, shall be signed and sealed by a licensed architect,
registered in the State of Florida. Landscape plans shall be signed and sealed by
licensed landscape architect, registered in State of Florida.
Sheet size: The site improvement plan and the coversheet shall be prepared on a
maximum size sheet measuring 24 inches by 36 inches drawn to scale.
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Property information, including:
• Project title;
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision name, unit, lot and block; and
• Scale, north arrow, and date.
4. Zoning designation of the subject and adjacent sites and the proposed use of the
subject site.
5. Detail of requested changes.
6. Cover letter briefly explaining the project.
7. A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement of ownership clearly.
8. Location, configuration, and dimensions of all building and lot improvements.
9. Location and configuration of parking and loading areas, and the directional
movement of internal vehicle traffic.
10. Location and dimension of access point(s) to the site.
11. Parking summary in matrix form, indicating the required and provided parking for
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Digital Submittal After the final site development plan has been approved by the County Manager or
Requirements designee for compliance with the LDC as provided in section 10.02.03, the applicant's
professional engineer shall submit:
1. Digitally created construction /site plan documents, and
2. 1 disk (CDROM) of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET)
units; as established by a Florida registered surveyor and mapper. All information
shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad
(DWG) or Digital Exchange File (DXF) format; information layers shall have common
naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge-of- pavement-
EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily
understood by county staff. All property information (parcels, lots, and requisite
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each existing and proposed use.
12. Location and configuration of handicapped parking facilities and building
accessibility features.
13. Location, dimension, and configuration of existing water management facilities.
14. Location of trash enclosures.
15. Location of existing and proposed landscaping with specifications as to size,
quantity, and type of vegetation.
16. All required and provided setbacks and separations between structures in matrix
form.
17. Any additional relevant information as may be required by the Planning & Zoning
Department.
Completeness and
The Planning & Zoning Department will review the application for completeness. After
Processing
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice
No notice is required.
Public Hearing
No public hearing required.
Decision maker
The County Manager or designee.
Review Process
The Planning & Zoning Department will review the application, identify whether
additional materials are needed and approve, approve with conditions or deny the
application utilizing the criteria identified in the applicable LDC sections.
Pre - Construction
A pre- construction meeting is not required. However, all Federal, State, and local permits
Meeting
shall be submitted prior to construction. If approved by the County Manager or
designee, an applicant may submit Federal, State and local agency permits at the pre -
construction meeting.
Digital Submittal After the final site development plan has been approved by the County Manager or
Requirements designee for compliance with the LDC as provided in section 10.02.03, the applicant's
professional engineer shall submit:
1. Digitally created construction /site plan documents, and
2. 1 disk (CDROM) of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET)
units; as established by a Florida registered surveyor and mapper. All information
shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad
(DWG) or Digital Exchange File (DXF) format; information layers shall have common
naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge-of- pavement-
EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily
understood by county staff. All property information (parcels, lots, and requisite
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annotation) shall be drawn on a unique information layer, with all linework
pertaining to the property feature located on that layer. Example: parcels —All lines
that form the parcel boundary will be located on 1 parcel layer. Annotations
pertaining to property information shall be on a unique layer. Example: Lot
dimensions— Lottxt layer.
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I.4. Site Development Plan Amendment (SDPA)
Reference LDC subsection 10.02.03 F and other provisions of the LDC.
Applicability This process provides for amendments to a site development plan (SDP). A site
development plan amendment (SDPA) shall meet the criteria identified in LDC subsection
10.02.03 F.
a See Chapter 41.5 of the Administrative Code for insubstantial changes to a site
development plan (SDPi) or site improvement plan (SIPI).
Pre - Application A pre - application meeting is required.
Initiation The applicant files a "Site Development Plan Amendment Application" with the Planning &
Zoning Department.
Application Contents A site development plan amendment application must include the following, in addition to
and Site Plan the Application Contents and Requirements for site development plans, as applicable. G
Requirements See Chapter 41.2 of the Administrative Code.
Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be
signed and sealed by the applicant's professional engineer licensed to practice in
the State of Florida. For projects subject to LDC section 5.05.08, architectural
drawings, shall be signed and sealed by a licensed architect, registered in the State
of Florida. Landscape plans shall be signed and sealed by licensed landscape
architect, registered in State of Florida.
Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum
size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas
affected by the amendment. The sheet must clearly show the change "clouded"
and clearly delineate the area and scope of the work to be done.
The application must include the following:
1. Property information, including:
• Original SDP number or AR /PL number;
• Total area of project; and
• Site address.
2. Description of proposed amendment.
Completeness and
The Planning & Zoning Department will review the application for completeness. After
Processing of
submission of the completed application packet accompanied with the required fee, the
Application
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice
No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether additional
materials are needed and approve, approve with conditions or deny the application
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utilizing the criteria identified in the applicable LDC sections.
Pre - Construction A pre- construction meeting shall be scheduled with the Engineering Services Department
Meeting prior to the commencement of construction. All Federal, State, and local permits shall be
submitted prior to construction and before the pre- construction meeting. If approved by
the County Manager or designee, an applicant may submit Federal, State and local agency
permits at the pre- construction meeting.
Digital Submittal After the final site development plan has been approved by the County Manager or
Requirements designee for compliance with the LDC as provided in section 10.02.03, the applicant's
professional engineer shall submit:
1. Digitally created construction /site plan documents, and
2. 1 disk (CDROM) of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units;
as established by a Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or
Digital Exchange File (DXF) format; information layers shall have common naming
conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.).
For a plan to be deemed complete, the layering scheme must be readily understood by
county staff. All property information (parcels, lots, and requisite annotation) shall be
drawn on a unique information layer, with all linework pertaining to the property
feature located on that layer. Example: parcels —All lines that form the parcel
boundary will be located on 1 parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: Lot dimensions — Lottxt layer.
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1.5 Insubstantial Change to a Site Development Plan (SDPI) or Site
Improvement Plan (SIPI)
Reference LDC subsection 10.02.03 F.
Applicability An insubstantial change must meet the criteria established in LDC subsection 10.02.03 F.
In order to determine if a change is truly insubstantial and does not require an amendment
to a SDP or SIP, the applicant shall contact the Planning & Zoning Department to discuss
the proposed change.
The applicant may request the meeting online
(http: / /apps2.colliergov .net /webapps /vision /meetings) or contact the Planning & Zoning
Department by mail or telephone to request a telephone consultation for Insubstantial
Change to a SDP or SIP. T
Pre - Application A pre - application meeting is not required, but the applicant must obtain pre - submittal
authorization from the Planning & Zoning Department.
Initiation The applicant files an "Insubstantial Change to: Site Development Plans or Site
Improvement Plans" application with the Planning & Zoning Department.
Application Contents Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be
signed and sealed by the applicant's professional engineer licensed to practice in
the State of Florida. For projects subject to LDC section 5.05.08, architectural
drawings, shall be signed and sealed by a licensed architect, registered in the State
of Florida. Landscape plans shall be signed and sealed by licensed landscape
architect, registered in State of Florida.
Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum
size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas
affected by the amendment. The sheet must clearly show the change "clouded"
and clearly delineate the area and scope of the work to be done.
The application must include the following:
1. Applicant contact information.
2. Project information, including:
• Project Name;
• Assigned Planner;
• Original SDP /SIP Number; and
• Section, township and range.
3. Addressing Checklist.
4. Copy of email from the planner who deemed proposed changed to be insubstantial.
S. Cover letter describing in detail the proposed changes, including any discussions with
the assigned planner that may be pertinent to the review of the application.
6. Coversheet with the following included:
• Project title;
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• Reference stating the project is an Insubstantial Change to appropriate SDP of
SIP,
• Applicant Contact Information;
• Zoning designation (if zoned PUD, include PUD Ordinance and Development
Commitment Information);
• Vicinity map clearly identifying location of the development;
• Legal description; and
• Property identification Number.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether additional
materials are needed and approve, approve with conditions or deny the application
utilizing the criteria identified in the applicable LDC sections.
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J. Temporary Permits
1.1. Amplified Sound Permit
Reference Code of Laws and Ordinances section 54 -92.
Applicability This procedure applies to a request for a one -time, site - specific, Amplified Sound Permit
for any commercial business or nonresidential land use which conducts such outdoor
entertainment activities within 2,500 feet of any property containing a residential use or
of any residential zoning district.
WSee Code of Laws and Ordinances section 54 -92 for information on how to measure
the distance of the sound source to the affected residential property.
Pre - Application A pre - application meeting is not required.
Initiation An applicant files an "Amplified Sound Permit" application with the Planning & Zoning
Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. A current valid Business Tax Receipt in the case of a temporary sale, when required
by F.S. § 250.13 et seq.
3. Consent /authorization of owner.
4. Business or establishment information, including:
• Name of business /establishment;
• Property identification number;
• Address;
• Phone number; and
• Zoning classification.
5. A sketch and description of the area in which the event will occur on the property.
6. A narrative description of any factors which might mitigate the impact of close
proximity of the activity to adjacent residential use or zoning;
7. Event information, including:
• Type of event (i.e. amplified, non - amplified, community event, enclosed,
and /or non - enclosed);
• Description of event;
• Hours of operation;
• Hours of music; and
• Identification of sound, method and number of loudspeakers and other
amplifying devices to be used.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
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Application petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a letter of approval or denial utilizing the
criteria identified in the Code of Laws section 54 -92.
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J.2. Annual Beach Event Permit
Reference LDC section 5.04.01, 5.04.07, LDC subsection 10.02.06 F, and LDC Appendix G.
Applicability This procedure applies to a request for an Annual Beach Event permit.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files an "Annual Beach Events Permit" application with the Planning &
Zoning Department.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Consent /authorization of owner.
3. A current valid Business Tax Receipt in the case of a temporary sale, when required
by F.S. § 250.13 et seq.
4. Event information, including:
• Property identification number;
• The effective dates of permit;
• Reason for event; and
• On -site contact information.
S. Description of proposed uses.
6. Duration of use.
7. Hours of operation.
8. Impact of proposed use on adjacent properties.
9. FDEP field permits shall be submitted prior to commencement of activity, if
applicable.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a letter of approval or denial utilizing the
criteria identified in the LDC section 5.04.07.
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J.3. Carnival/ Circus Permit
Reference Code of Laws and Ordinances sections 10 -26 to 10 -33, 10 -46 to 10 -51 and sections
66 -89 to 66 -91.
Applicability This applies to any operator, sponsor, or owner of a carnival or exhibition.
This includes any activity (whether private or commercial) with the following
characteristics not prohibited by state law to be open to the public for an admission
or participation fee:
• Menageries;
• A circus, sideshow performances, ferris wheels and other ride activities,
food and drink dispensing facilities;
• Booths for the conduct of games of skill and chance; and
• Freak and similar novelty shows.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files a "Carnival Operation Application" with the Planning & Zoning
Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. A current valid Business Tax Receipt in the case of a temporary sale, when
required by F.S. § 250.13 etseq.
3. Property information, including;
• Legal description;
• Address of subject site and general location; and
• Property identification number.
4. Current zoning of subject property.
S. A description of the nature of the application.
6. A surety bond in the penal sum of $2,500.00, issued by a company authorized to
issue such bonds in Florida, conditioned upon the operator complying with each
provision of this section and subject to forfeiture under the terms provided in
Code of Laws section 10 -31 and section 10 -33.
7. Evidence of current public liability insurance coverage, issued by a company
authorized to do business in Florida, in the minimum amount of $100,000.00 for
any one person and $300,000.00 for any one incident.
8. A current occupational license issued by the Collier County Tax Collector.
9. The name and headquarters address of the carnival or exhibition company with
a direct or indirect financial interest; names and addresses of any sponsoring
organizations, and the name and local address of the applicant representing the
carnival or exhibition company.
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10. A description of every activity to be conducted such as but not limited to,
menageries; circus and side -show performances; amusement, merry -go -round
and other ride activities; food and drink dispensing facilities; booths for conduct
of games of skill or chance not prohibited by state law to be open to the public
for an admission or participation fee and number of persons to operate the
activities.
11. Name and identification of each person accountable for the operation of each
activity.
12. A description and sketch of the site showing the location of each activity
proposed, the location and number of sanitary facilities, parking facilities, and
provision for lighting and public water.
13. Application for food establishment operating permit from the county health
department as required by the Code of Laws and Ordinances section 66 -89
through section 66 -91.
14. The plan for refuse, garbage, debris, and sewage disposal during and after
operation of the circus or exhibition.
15. Provisions for traffic control, fire safety and security precautions.
16. The date and time each activity is to be conducted and concluded.
17. Written approval from the owner of the property authorizing the use of his
premised for such carnival activity.
18. An indication of whether the event has been held in Collier County in the past,
and if so the location and time the event was held.
19. Individual booth and sponsor notification form for temporary events with the
following included:
• Name of Event;
• Name of Booth;
• Person in Charge of booth;
• Types of Food or Beverage to be served;
• Location of advanced food preparation;
• How food will be transported to event location;
• Method of keeping food hot and /or cold at event site;
• Method of cooking food at the location;
• The method for protecting food from dust, insects, flies, coughs, and
sneezes; and
• The method for providing adequate facilities and supplies for employee
hand washing.
20. A signed statement that the applicant understands that failure to comply with
applicable food service requirements in accordance with Chapter 10D -13, Florida
Administrative Code, may result in enforcement action.
21. Addressing checklist.
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22. Owner /agent affidavit as to the correctness of the application.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the required
Application fee, the applicant will receive a mailed or electronic response notifying the applicant
that the petition is being processed. Accompanying that response will be a receipt for
the payment and the tracking number (i.e., XX201200000) assigned to the petition.
This petition tracking number should be noted on all future correspondence
regarding the petition.
Notice No notice is required.
Public Hearing The BCC shall hold at least 1 public hearing for events that have not been previously
approved.
Decision Maker 1. For events that have been previously- approved, the County Manager or
designee may, in their discretion, administratively approve any application for a
carnival permit where the event being applied for is substantially identical to an
event for which the BCC previously approved a permit application.
2. For events that have not been previously approved and cannot be
administratively approved, the BCC shall act as the decision making body
following interpretation of the criteria set forth in the Code of Laws and
Ordinances section 10 -49.
Review Process 1. Except asset forth below, the Planning & Zoning Department will review the
application and forward one copy to the sheriff and one copy to the health
department for review. The sheriff and health department will provide their
comments within seven calendar days.
2. If required, the Planning & Zoning Department will place the application on the
agenda of the next regular meeting of the BCC for approval or denial.
3. Previously- approved events: C:> See Code of Laws and Ordinances section 10 -48
and section 10 -51.
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J.4. Film Permit
Reference LDC section 5.04.01, 5.04.08, and LDC subsection 10.02.06 F.
Applicability This procedure applies to the request for a Film Permit for the following activities taking
place, in conjunction with commercial motion picture, film, television, video, or still
photography production: the use of set scenery, temporary structures or other
apparatus, special effects or closure of public streets or access ways.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files a "Temporary Use Permit - Special Event" application with the Planning
& Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Consent /authorization of owner.
3. A current valid Business Tax Receipt in the case of a temporary sale, when required
by section F.S. § 250.13 et seq.
4. Locations, including the duration of use and hours of filming.
5. Description of proposed uses.
6. Impact of proposed use on adjacent properties.
4. Proof of comprehensive general liability insurance coverage in the amount of at least
$1,000,000.00 combined single limit, with Collier County named as an additional
insured. The applicant shall provide to the County Manager or designee a certificate
of insurance evidencing that said insurance is in effect and certifying that Collier
County be given 30 days notice prior to the expiration or cancellation of the policy.
S. Special effects to be utilized, especially incendiary or explosive devices, with proof of
not less than $5,000,000.00 comprehensive general liability insurance combined
single limit with Collier County listed as additional insured. In addition, the
application shall list the person in charge (pyrotechnician) of such special effects,
together with his qualifications and license from the applicable federal and /or state
agencies, and authorization from the local fire district permitting the event.
6. The following information is required by the County Manager or designee, unless
waived:
• A conceptual plan indicating the location of film events and parking facilities
provided;
• Plans for construction or utilization of structures on subject site(s);
• Number, type and location of sanitation facilities to be provided. Plans for
disposal of refuse and debris, and restoration of the site(s) to its original
condition;
• A description of any lighting facilities that would be necessary and /or the
need to disconnect any public lighting;
• A description of any use which may encroach into environmentally sensitive
areas;
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• Approximate number and type of vehicles and /or equipment to be used
and any special parking requirements. The number of personnel to be on
location with the production;
• Necessity for closures of public streets or sidewalks and for what duration
and location;
• An indication of any utilization of aircraft /fixed -wing, helicopter, or balloons
at the subject site(s);
• List of county personnel or equipment requested, and an agreement to pay
for extraordinary services provided by Collier County;
• Provisions for traffic control, fire safety and security precautions;
• If located on private property, not under the county's ownership or control,
a written notarized agreement from the property owner to allow the
filming to occur on his property; and
• Additional information requested to assist Collier County in obtaining future
film production.
7. A surety bond in an amount to be determined by Collier County and issued by a
company authorized to issue bonds in Florida or cash payment in lieu of the bond
may be required by the County Manager or designee to provide for cleanup and /or
restoration of the subject site(s).
8. Office of the Fire Code Official's requirements, if applicable:
• Special Event Permitting Questionnaire /Checklist; and
• Tent Installation Notification form.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a letter of approval or denial utilizing the
criteria identified in the LDC section 5.04.08.
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J.5. Model Homes and Model Sales Centers
Reference LDC section 5.04.01, 5.04.04 and LDC subsection 10.02.06 F.
Applicability This procedure applies to a request for a Temporary Use permit for a model home or
model sales center intended to facilitate the sale of a product similar in design as the
model.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files a "Temporary Use Permit -Model Home /Model Sales Center"
application with the Planning and Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Consent /authorization of owner.
3. A current valid Business Tax Receipt in the case of a temporary sale, when required
by F.S. § 250.13 et seq.
4. Property information, including;
• Property identification number;
• Subdivision /Development;
• Unit, lot and block;
• Developer /Builder information; and
• Address of subject site and general location.
5. Current zoning of subject property.
6. Description of proposed uses.
7. Duration of use.
8. Hours of operation.
9. Identify the impact of proposed use on adjacent properties.
10. Model homes or model sales centers to be located within a proposed single - family
development prior to final plat approval require the following additional application
contents:
• A plat and construction plans showing all required infrastructure for the
lot(s) on which the model home or model sales center is to be located;
• A site development plan 4*See Chapter 4 1.2 of the Administrative Code;
• A maximum of 5 models, or a number corresponding to 10% of the total
number of platted lots, whichever is less, per platted, approved
development shall be permitted prior to final plat approval as specified;
• Documentation showing all required utilities will be available to the subject
site. The SDP must depict all required utilities in detail;
• The boundaries depicted on the preliminary subdivisions plat shall be
depicted on the SDP in order to ensure compliance with the applicable
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development standards in effect on the subject property;
• Final lot grading and drainage conveyance shall be in conformance with the
master grading plan for the project as depicted on the preliminary
subdivision plat submittal documents; and
• Confirmation that the model home has not been previously used as a
residence.
11. A Model Sales Center within an existing subdivision requires the following additional
application contents:
• In the case of a permanent structure which is a dwelling unit, a site
improvement plan (SIP), pursuant to LDC section 10.02.04 and subsection
5.04.04 C;
• In the case of a permanent structure, other than a dwelling unit, a site
development plan (SDP), pursuant to LDC section 10.02.03 and subsection
5.04.04 C; and
• In the case of a temporary structure (mobile home or sales trailer), either a
conceptual site plan which addresses the requirements of LDC subsection
5.04.04 C.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
The temporary use permit may be approved prior to or simultaneously with the
submission of a building permit application, if applicable.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a letter of approval or denial utilizing the
criteria identified in the LDC section 5.04.04.
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J.6. Special Events
Reference LDC section 5.04.01, LDC subsection 5.04.05 A, 10.02.06 F, and Code of Laws section 118-
131 to 118 -155
Applicability This procedure applies to a request for a Temporary Use Permit. Specifically, for a
Special Event such as a sales and promotional event or a sports, religious, and
community event.
Pre - Application A pre - application meeting is not required.
Initiation The applicant shall submit a "Temporary Use Permit - Special Event" application with the
Planning & Zoning Department.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Consent /authorization of owner.
3. A current valid Business Tax Receipt in the case of a temporary sale, when required
by F.S. § 250.13 et seq.
4. Property information, including;
• Legal description;
• Property identification number;
• Shopping center;
• Business name; and
• Address of subject site and general location.
5. Current zoning of subject property.
6. Type of event proposed.
7. Description of proposed uses.
8. Duration of use.
9. Hours of operation.
10. Impact of proposed use on adjacent properties.
11. A conceptual site plan (CSP) or a site development plan (SDP) is required for special
events and seasonal sales. The site plan must demonstrate that provisions will be
made to adequately address each of the following:
• Vehicular and pedestrian traffic safety measures;
Limited activity hours;
• Watchmen, fencing, and lighting;
• Fire protection and emergency access measures;
• Sanitary facilities; and
• If required, a faithful performance bond to guarantee compliance with the
conditions of the permit.
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• Adequate on -site or additional off -site parking areas shall be provided as
follows:
o A maximum of 10 percent of the parking required by LDC section
4.05.04 may be occupied or otherwise rendered unusable by the
placement of temporary structures, equipment, and merchandise;
and
o The minimum required number of handicapped parking spaces
pursuant to LDC section 4.05.07 shall remain available for use.
12. Temporary Event Recycling Plan, pursuant to Code of Laws section 118 -131 to 118-
155.
13. Office of the Fire Code Official's requirements, if applicable:
• Special Event Permitting Questionnaire /Checklist; and
• Tent Installation Notification form.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
The temporary use permit may be approved prior to or simultaneously with the
submission of a building permit application, if applicable.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a letter of approval or denial utilizing the
criteria identified in the LDC subsection 5.04.05 A.
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J.7. Temporary Uses during Construction
Reference LDC section 5.04.01, 5.04.03 and LDC subsection 10.02.06 F.
Applicability This procedure applies to a request for a Temporary Use permit during the construction
of any development for which at least a preliminary development order has been
granted.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files a "Temporary Use Permit - Construction and Development" application
with the Planning & Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Consent /authorization of owner.
3. A current valid Business Tax Receipt in the case of a temporary sale, when required
by F.S. § 250.13 et seq.
4. Property information, including;
• Development /Subdivision;
• Developer;
• Address of subject site; and
• Site development plan number.
S. Description of proposed uses.
6. Duration of use.
7. Hours of operation.
8. Impact of proposed use on adjacent properties.
9. Proposed temporary structures require the submittal of a conceptual site plan.
q See Chapter 41.1 of the Administrative Code.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
The temporary use permit may be approved prior to or simultaneously with the
submission of a building permit application, if applicable.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a letter of approval or denial utilizing the
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criteria identified in the LDC section 5.04.03.
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K. Zoning Certificate
Reference LDC subsection 10.02.06 B.1.f.
Applicability 1. A Zoning Certificate provides a statement of compliance with the LDC for proposed
uses.
2. A Zoning Certificate is required prior to:
• Applying for a business license, for residential and non - residential;
• Prior to occupying land or a building space. This includes a subdivided
building, such as a strip mall; and
• Prior to conducting business in all zoning districts.
3. It is recommended to obtain a Zoning Certificate prior to any building remodels.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files one of the following applications with the Planning and Zoning
Department:
• "Land Use and Zoning Certificate -Home Business," or
• "Land Use and Zoning Certificate- Non - Residential'
Application Contents An application for a Non - Residential Zoning Certificate must include the following:
for Non - Residential
1. Applicant contact information.
2. Business information, including:
• Name;
• Phone number;
• Address;
• Owner or qualifiers name;
• Type of business or use;
• Complex name, if applicable;
• Type and name of business previously or presently occupying location; and
• The length of time the property has been vacant, if applicable.
3. Building use information, including:
• Proposed building use, including the square footage devoted to the use;
• A brief description of the building (e.g., single- occupant building, shopping
center, office or business center);
• Total building floor area; and
• Number of parking spaces for the building, and the number available for the
proposed use.
Application Contents An application for a Home Business Zoning Certificate must include the following:
for a Home Business
1. Applicant contact information.
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2. Business name, phone number, and address.
3. A brief description of the type of business or use.
Completeness and
The Planning & Zoning Department will review the application for completeness. After
Processing of
submission of the completed application packet accompanied with the required fee, the
Application
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition
tracking number should be noted on all future correspondence regarding the petition.
Notice
No notice is required.
Public Hearing
No public hearing is required.
Decision maker
The County Manager or designee.
Review Process
After the application is complete, the Planning & Zoning Department will review and
evaluate the application and will issue or deny the Zoning Certificate based on the
provisions of the LDC.
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L. Zoning Verification Letters
L.1. Zoning Verification Letter - Generally
Reference LDC subsection 10.02.06 J.
Applicability A Zoning Verification Letter may be used to verify:
1. The zoning of the property according to the Collier County Zoning Map;
2. Future Land Use according to the Collier County Growth Management Plan.
The letter may provide additional information about the subject property if the
applicant requests it. This includes:
1. Permitted uses and development standards applicable to the property under
the LDC;
2. Zoning of the adjacent properties;
3. Confirmation of any Site Development or Improvement Plans approved for the
property;
4. Confirmation of any Variances or Conditional Uses approved for the property;
5. The nonconforming status of the property (whether the lot is "buildable') will
be provided if specifically requested; and
6. Additional zoning information may be provided, subject to the availability of
information, and may be specifically requested.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files a "Zoning Verification Letter Application" with the Planning &
Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including:
• Address of subject site; and
• Property identification number.
3. Type of verification being requested.
4. Additional materials may be requested, such as the original or amended site
plan and /or survey.
5. If verification as to nonconforming status is requested, a copy of the Property
Appraiser's Card shall be submitted with the application. This copy may be
obtained from the Collier County Property Appraiser's Main Office located at
3950 Radio Rd., or by calling 239 -252 -8141.
6. Information on building permits must be obtained through the Growth
Management Records Room at 239 - 252 -5740.
7. Information on Code Enforcement cases /violations must be obtained through
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the Code Enforcement Department at 239 - 252 -2440.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed, and prepare a Zoning Verification Letter for the
applicant.
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L.2. Zoning Verification Letter - Non - residential Farm Building
Reference LDC subsection 10.02.06 J and F.S. § 823.14 and F.S. § 553.73(10)(c)
Applicability A Zoning Verification Letter may be used to establish that a non - residential farm
building and /or fence is exempt from the Florida Building Code. However, the
exemption applies to the structure and does not exempt the applicant from
obtaining the necessary electrical, plumbing, mechanical, or gas permits for the
structure.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files a "Zoning Verification Letter Application" with the Planning &
Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including:
• Property identification number; and
• Address of subject site.
3. Type of verification being requested.
4. Description of the existing /proposed use of the property.
5. Description of the proposed nonresidential farm building.
6. A survey or sketch, dawn -to -scale plan showing the property boundaries and
dimensions and existing easements or rights -of -way, location of water bodies
or jurisdictional wetlands.
7. Location of the existing and proposed buildings, identifying the separation
distances between buildings and the setbacks to the proposed nonresidential
farm building.
8. Compliance with floodplain construction standards.
9. Proof of Bona Fide Farm Operation:
• Farm Serial Number assigned by USDA Farm Services; or
• Documentation that the land has an Agricultural Exemption through
the Collier County Appraiser's Office; or
• Description and any supporting documentation to confirm that the
property is a Bona Fide Farm Operation, as defined by FS § 823.14;
10. A signed affidavit, stating that the proposed structure is exempt from the
requirements for a Building Permit per FS § 553.73.
11. Additional materials may be requested by the staff planner if necessary.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
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receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice
No notice is required.
Public Hearing
No public hearing is required.
Decision Maker
The County Manager or designee.
Review Process
The Planning & Zoning Department, in coordination with the Building Official,
review the application, identify whether additional materials are needed, prepare a
Zoning Verification Letter for the applicant.
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L.3. Zoning Verification Letter - Fence Finished Side Out Waiver
Reference LDC subsection 5.03.02 F.5.a. and 10.02.06 J.
Applicability A zoning verification letter may be used to waive the requirement that fences and
walls are to be constructed to present the finished side to the adjoining lot or any
abutting road right -of -way.
Pre - application A pre - application meeting is not required.
Initiation The applicant files a "Zoning Verification Letter (ZLTR) — Generally" application.
Application The application must include the following:
Contents pSee Chapter 4 L.1 of the Administrative Code- Zoning Verification Letter —
Generally" application content requirements.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying
the applicant that the petition is being processed. Accompanying that response
will be a receipt for the payment and the tracking number (i.e., XX201200000)
assigned to the petition. This petition tracking number should be noted on all
future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No Public Hearing is required.
Decision Maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare the Zoning Verification Letter based
on the criteria in LDC subsection 5.03.02 F.S.a.
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Chapter 5. Subdivision Procedures
The following applications and approvals listed in this Chapter are for subdivision procedures.
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A. Lot Split
Reference LDC subsection 4.03.04 B.
Applicability This section applies to the division of a lot, parcel, or lot of record into no more
than two parcels.
No development order or development permit for the property will be approved
until the lot split is recorded.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files an application for "Lot Split" with Planning & Zoning
Department.
Application Submittal Credentials: The survey shall be signed and sealed by a professional
Contents surveyor and mapper registered to practice in the State of Florida.
The application must include the following:
1. Applicant contact information;
2. Property information, including:
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location;
• Property Appraiser's Parcel Number, if applicable;
• Area of existing lot in sq. ft.;
• Area of proposed lots in sq. ft.; and
• Width of proposed lots calculated according to the LDC defined term
for "lot measurement, width."
3. Property History Card, indicating the date the lot first appeared in the
Property Appraiser's Records in its current configuration.
4. Recorded warranty deed to show the current ownership from the Clerk of
Courts.
5. A signed and sealed survey showing existing and proposed lot dimensions,
easements of record, and all structures on the subject property.
6. A drawing or survey showing location of proposed access, including the
location of proposed access easements.
7. Addressing checklist.
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Completeness and The Engineering Services Department will review the application for
Processing of completeness. After submission of the completed application packet accompanied
Application with the required fee, the applicant will receive a mailed or electronic response
notifying the applicant that the petition is being processed. Accompanying that
response will be a receipt for the payment and the tracking number (i.e.,
XXXPL201200000) assigned to the petition. This petition tracking number should
be noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Engineering Services Department will review the lot split application and will
approve, approve with conditions, or deny the application based on the criteria
established in LDC subsection 4.03.04 B.
Recording The applicant shall file the approved lot split with the Property Appraiser or the
Clerk of Courts and record it in the Official Land Records of Collier County. The lot
split shall not be effective until it is recorded.
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B. Lot Line Adjustment
Reference LDC subsection 4.03.04 A.
Applicability A lot line adjustment between contiguous lots or parcels, which may be platted or unplatted
and under the same or separate ownership, may be requested to correct an engineering or
surveying error or to allow an insubstantial boundary change between adjacent parcels.
Initiation The applicant files a "Lot Line Adjustment (LLA)" application with the Planning & Zoning
Department.
Pre - Application A pre - application meeting is required unless waived by the County Manager or designee.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Addressing checklist.
3. Property information, including:
• Project name;
• Legal description of each lot;
• Property identification number of each lot;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location; and
• Zoning designations of each lot.
4. A narrative describing the reason for the lot line adjustment and proposed
reconfiguration.
S. An affidavit by all property owners that they consent to the lot line adjustment and
resulting lot formation. The affidavit shall include the number of existing and resulting
lots and that the lot line adjustment complies with the criteria set out in LDC section
4.03.04. The affidavit shall be signed by all property owners and include the following
attachments:
• Drawings that clearly show the original and the proposed configuration of the
lots involved including acreages;
• Lot width before and after, calculated according to the LDC definition of "lot
measurement, width ";
• Lot width provided to depth equal to that of minimum required front yard;
• A table and drawing showing setbacks required by the zoning district as they
apply to the reconfigured lot; and
• Copy of signed and sealed survey by a professional surveyor and mapper
showing all structures on each lot or noted as "vacant." The existing and
proposed setbacks shall be included on the survey.
8. A drawing or survey showing location of proposed access, including the location of
proposed access easements.
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9. Quitclaim Deed(s).
Completeness The Engineering Services Department will review the application for completeness. After
and Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the petition
is being processed. Accompanying that response will be a receipt for the payment and the
tracking number (i.e., XXXPL201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Engineering Services Director will approve, approve with conditions, or deny the lot line
adjustment using the criteria in LDC subsection 4.03.04 A.
Timing C*See LDC subsection 4.03.04 A for timing requirements.
Recording The applicant shall file the approved lot line adjustment affidavit, quitclaim deed(s) to
complete the lot line adjustment, and exhibits with Clerk of Courts and record it in the
Official Land Records of Collier County. The lot line adjustment shall not be effective until it is
recorded.
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Chapter 5 Subdivision Procedures
C. Preliminary Subdivision Plat (PSP)
1. Preliminary Subdivision Plat - Standard
Reference LDC subsection 10.02.04 A and other provisions of the LDC.
Applicability
The preliminary subdivision plat (PSP) process is required for integrated phased
developments, but is otherwise an optional procedure for subdivision development. If an
applicant chooses to submit a PSP, the applicant shall provide all of the submittal
requirements.
The PSP application shall be submitted for the entire property to be subdivided.
Pre - application
A pre - application meeting is required.
Initiation
The applicant files a "Preliminary Subdivision Plat Petition" with Planning & Zoning
Department.
Application
The application must include the following:
Contents for
Preliminary
1. Applicant contact information.
Subdivision Plats
2, Addressing checklist.
3. Property information, including
• Legal description;
• General location and cross streets;
• Section, township and range;
• Size of plat in acres;
• Number of lots; and
• Name of development.
4. Current zoning designation of subject property.
S. PUD Monitoring Schedule, if applicable.
6. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1 in.
= 200 ft., illustrating existing conditions and any site improvements.
7. Environmental Data Requirements. q See LDCsubsection 3.08.00 A.
8. Traffic Impact Study, if applicable. G See Chapter 7 of the Administrative Code.
9. Original petition number (PUD name and ordinance, rezone, conditional use, site
development plan, etc.), if applicable.
10. Owner /agent affidavit as to the correctness of the application.
11. Historical /Archeological Survey or waiver, if applicable.
12. Conditional Use application, if applicable.
13. If conditions are requested, justification based on sound engineering principals and
practices shall be provided for each condition.
14. Generalized statement of subsurface conditions on the property, location, and results
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of tests made to ascertain subsurface soil conditions and groundwater depth.
15. If not shown on the plans, the zoning classification of the tract and all contiguous
properties.
16. For residential projects subject to the provisions of LDC section 10.04.09, a completed
School Impact Analysis (SIA) application, location map and review fee.
17. Electronic copies of all documents.
Requirements for Submittal Credentials: The preliminary subdivision plat shall be prepared by the applicant's
Preliminary engineer and professional surveyor and mapper. The boundary survey shall be
Subdivision Plat signed and sealed by a professional surveyor and mapper registered in the State of
Florida.
Sheet size: The preliminary subdivision plat shall be submitted on standard size 24 -inch by
36 -inch sheets, drawn to scale.
1. A cover sheet, including a location map, showing the location of the tract in reference
to other areas of the county with a north arrow, graphic scale, and date.
2. The name of subdivision or identifying title which shall not duplicate or closely
approximate the name of any other subdivision in the incorporated or unincorporated
area of Collier County.
3. Boundary survey, with bearings and distances as a written description with a reference
to section corners.
4. The location and names of adjacent subdivisions and plat book and page reference, if
any.
5. A land plan with the following information identified:
• Location, dimensions, and purpose of all existing and proposed streets, alleys,
property lines, easements, and rights -of -way of record;
• Existing streets and alleys of record adjacent to the tract including name,
right -of -way width, street or pavement width and established centerline
elevation. Existing streets shall be dimensioned to the tract boundary;
• Location of existing and proposed sidewalks and bike paths;
• Location of all existing and proposed utilities and related easements;
• Location and purpose of existing drainage district facilities and their right -of-
way requirements;
• Location of existing and proposed watercourses, drainage ditches, bodies of
water, marshes and wetlands;
• Location of existing possible archaeological sites and other significant
features;
• The proposed layout of the lots and blocks;
• The plan shall indicate whether the streets are to be public or private.
Proposed street names shall be identified on all public and private
thoroughfares;
• Location of proposed sites for parks, recreational areas, and school sites or
the like, in accordance with any existing ordinances requiring such a
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dedication;
• Location of buffer areas required by LDC section 4.06.01 shall be illustrated
and the dimensions provided, if appropriate at this time; and
• Typical right -of -way and pavement cross sections shall be graphically
illustrated on the plans and shall include but not be limited to the location of
sidewalks, bike paths, and utilities.
6. Interconnectivity of local streets between developments shall be consistent with LDC
section 6.06.01 B and GMP Objective 9.
7. Access Management Plan. All access provisions to the nearest public street(s) shall be
identified, including all existing and proposed driveways.
8. Water Management Plan. The master water management plan shall outline the
existing and proposed surface watercourses and their principal tributary drainage
facilities needed for proper drainage, water management, and development of the
subdivision. All existing drainage district facilities and their ultimate right -of -way
requirements as they affect the property to be subdivided shall be identified on the
plan. Drainage data, assumed criteria, and hydraulic calculations, consistent with the
criteria and design method established by the SFWMD shall be included in the
Engineer's Report.
The plan and report shall include the preliminary design calculations
indicating the method of drainage, existing water elevations, recurring high
water elevations, the proposed design water elevations, drainage structures,
canals, ditches, delineated wetlands, and any other pertinent information
pertaining to the control of storm and ground water. Any additional
information submitted to SFWMD shall also be provided with the plans.
9. Lot configurations. Typical lot configurations shall be illustrated and the minimum area
of the lots required by the approved zoning classification shall be referenced by note.
For fee - simple residential lots, the illustration shall portray the type of unit
identified by LDC definition and developer's description to be placed on each
lot (i.e., Lots 1 -20, single - family attached (patio home), and show a typical unit
on typical interior and corner lots, depicting setbacks (including preserve
setbacks, if applicable) and /or separation of structures. In addition, for fee
simple residential lots the illustration shall portray the location of typical units
on atypical lots, such as cul -de -sac, hammerhead, and all irregular lots.
For non - residential lots (i.e., multi - family amenity lots or parcels,
commercial /industrial lots), the illustration shall portray setbacks and building
envelope. Setbacks required by the approved zoning classification shall be
provided verbatim on the plan in matrix form. Where there is more than one
type of dwelling unit proposed (i.e., single - family detached, single - family
attached, zero lot line), lots must be linked to the type, or types, of unit which
they are intended to accommodate.
• A table shall be provided showing lot area and lot width for each irregular lot.
Regular corner and interior lots may show only typical width and area.
10. Master utilities. Utilities such as telephone, power, water, sewer, gas, and the like, on
or adjacent to the tract including existing or proposed water and sewage treatment
plants.
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• The plans shall contain a statement that all utility services shall be available
and have been coordinated with all required utilities.
• Evidence of such utility availability shall be provided in writing from each
utility proposed to service the subdivision.
Completeness and
The Engineering Services Department will review the application for completeness. After
Processing of
submission of the completed application packet accompanied with the required fee, the
Application
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XXPL201200000) assigned to the petition. This petition
tracking number should be noted on all future correspondence regarding the petition.
Notice
No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Engineering Services Department will review the application, identify whether
additional materials are needed and review the application based on the criteria in LDC
subsection 10.02.04 A and other provisions of the LDC and shall approve, approve with
conditions, or deny the preliminary subdivision plat.
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2. Preliminary Subdivision Plat Amendment (PSPA)
Reference
LDC subsection 10.02.04 A.4 and other provisions of the LDC.
Applicability
The County Manager or designee is authorized to make amendments to the approved PSP
pursuant to LDC subsection 10.02.04 A.4.
Initiation
The applicant files an "Amendment to Preliminary Subdivision Plat (PSPA)" application with
the Planning & Zoning Department.
Pre - Application
A pre - application meeting is not required.
Application
Submittal Credentials: The preliminary subdivision plat amendment shall be signed and
Contents and
sealed by a professional surveyor and mapper registered in the State of Florida.
Requirements for
Preliminary
Sheet size: The preliminary subdivision plat amendment shall be submitted on standard size
Subdivision Plat
24 -inch by 36 -inch sheets, drawn to scale.
Amendments
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Name of development.
4. Amendment to PSP Number (original PSP number).
S. Cover letter describing the proposed changes.
6. Owner /Agent Affidavit.
7. Revised plat.
8. PUD Monitoring Schedule, if applicable.
Completeness
The Engineering Services Department will review the application for completeness. After
and Processing of
submission of the completed application packet accompanied with the required fee, the
Application
applicant will receive a mailed or electronic response notifying the applicant that the petition
is being processed. Accompanying that response will be a receipt for the payment and the
tracking number (i.e., XXPL201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice
No notice is required.
Public Hearing
No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Engineering Services Department will review the application, identify whether additional
materials are needed and review the application for compliance with LDC subsection
10.02.04 A.4 and shall approve, approve with conditions, or deny the amendment to the
preliminary subdivision plat.
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D. Construction Plans and Final Subdivision Plat (PPL)
D.1. Construction Plans and Final Subdivision Plat - Standard
Reference
LDC subsections 10.02.04 B and 10.02.04 C and other provisions of the LDC.
Applicability
The procedure applies to Construction Plans and Final Subdivision Plats (PPL) which is a
required process prior to development and recording of a subdivision where
improvements are required.
q See Chapter 5 F. of the Administrative Code to submit a Minor Final Plat (FP) — when
improvements are not required.
q See Chapter 5 E. of the Administrative Code to submit Construction Plans (CNSTR) —
when there are only improvements and no platting or recording is required.
Pre - Application
A pre - application meeting is required for a Construction Plans and Final Subdivision Plat
Meeting
application. The following information is beneficial to bring for discussion at the pre -
application meeting:
Written and mapped information describing:
1. A brief description of the land subject to the application and existing conditions.
2. Existing and proposed zoning classifications.
3. The proposed development — include the property subject to the application and any
future phases.
4. Existing covenants or restrictions.
S. Location of utility facilities, public facilities, and anticipated utility sources.
6. Water retention areas.
7. Public areas.
8. General soil characteristics.
9. Proposed number of parcels, lots, or tracts.
10. Typical lot or other parcel configuration.
11. Current aerial photograph with a clear film overlay with the proposed subdivision
configuration superimposed on the aerial photograph. Aerials and overlay
information must be legible at the scale provided.
12. Any other information needed to prepare and review of the application.
13. A map, at a scale of at least 1 in. =200 ft., identifying the following:
• Location of the subject property and identification of adjacent lands;
• Approximate acreage;
• Date of map;
• North arrow and scale;
• Natural features such as native habitat identified by vegetative cover and
depicted in aerial imagery; low or swampy areas; water bodies, streams,
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lakes, canals or the like;
• Streets and layout of all adjoining streets;
• General lot and block layout;
• Zoning classification of the property subject to the application and adjacent
properties;
• Location of existing improvements; and
• Any other significant features.
Initiation The applicant files a "Subdivision Construction Plans and Plat Application" with Planning &
Zoning Department.
Pursuant to LDC subsection 10.02.04 B.6, site development plans may be submitted for
review once the first review comments of the construction plans and final subdivision plat
are posted. No site development plans may be approved until the final subdivision plat is
approved by the County Manager or designee.
Application Contents The application must include the following:
for Construction
Plans and Final 1. Applicant contact information.
Subdivision Plats 2, Addressing checklist.
3. Property information, including:
• Legal description;
• Zoning district;
• Property identification number;
• Project name;
• Section, township and range;
• Subdivision, unit, lot and block; and
• General location and cross streets.
4. Zoning designation of subject property.
5. PUD Monitoring Schedule, if applicable.
6. Digital file of conditional use or PUD application, if applicable.
7. Cover letter explaining the project.
8. PUD Ordinance and Development Commitment Information, as applicable.
9. Owner /Agent Affidavit and Evidence of Authority.
10. Opinion of title.
11. Letter of intent as to the timeline for construction and platting.
12. Home Owner Association documents, if applicable.
13. An aerial photograph. All information must be legible at the scale provided.
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14. Certificate of Public Facility Adequacy application.
15. Fire Flow test.
16. Zoning Data Sheet, including:
• Name of Plat (and PUD, if applicable);
• Development Standards per LDC or PUD;
• Overall subdivision layout;
• Table showing lot area and lot width for regular, interior and irregular lots;
• Density, as allowed by zoning district;
• For Residential lots:
• Type of unit identified by LDC definition and description of what is
permitted on each lot;
• Drawing of typical unit or typical interior and corner lots, showing
setbacks, including preserve setbacks) and separation from
structures; and
• Lot layout and setbacks, particularly for the unique lots.
• For Non - Residential lots:
o Identification of setbacks and building envelopes.
17. Historical /Archeological Survey or waiver, if applicable.
18. Environmental Data Requirements.Cgsee LDC subsection 3.08.00 A.
19. Traffic Impact Study. Cgsee Chapter 7 of the Administrative Code.
20. School Impact Analysis, for residential projects only.
21. Information and data relating to previous zoning actions affecting the project site.
22. Utility letters of availability and plat easement approval letter for utility easements, if
applicable.
23. Engineer's Report including:
• Complete calculations used to design the facilities, including but not limited
to all water, sewer, road, water management systems, and all accessory
facilities, public or private;
• Detailed hydraulic design calculations utilized to design the water
management facilities for the subdivision or development; and
• Detailed hydraulic design calculations utilized to design the water
and sewer facilities regulated by the county.
• Geo- technical report with soil boring results;
• Engineering Review Checklist, signed and sealed by the applicant's
professional Engineer;
• Engineer's Opinion of probable cost; and
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• Status of all other required permits including copies of information and data
submitted to the appropriate permitting agencies.
24. Vegetation Removal and Site Filling permit ( VRSFP), if requested.
• Provide separate acreage calculations for each phase of clearing requested;
• If clearing or filling lots and building sites, with or without stockpiling, a
separate VRSFP application shall be submitted, pursuant to LDC subsection
4.06.04.A.2; and
• A site clearing plan. gSee Requirements for Construction Plans for more
information.
25. Additional plans included in the construction plans packet:
• Streetlight plans, signed and sealed by a professional engineer licensed to
practice in the State of Florida or the utility provider;
• Landscape plans, signed and sealed by a landscape architect registered in
the State of Florida; and
• Irrigation plans, signed and sealed by a landscape architect or irrigation
designer.
26. Permits: All Federal, State and local permits, including but not limited to the
following, shall be submitted prior to construction and before the pre - construction
meeting. If approved by the County Manager or designee, an applicant may submit
Federal, State and local agency permits at the pre- construction meeting..
• SFWMD Permit, Permit Modification, or waiver, including staff report
exhibits;
• DEP utility installation permits, water /sewer; and
• US Army Core of Engineers permit and exhibit, if applicable.
27. Electronic copies of all documents.
Requirements for Submittal Credentials: The construction plans shall be signed and sealed by the applicant's
Construction Plans professional engineer licensed to practice in the State of Florida.
Sheet size: The construction plans shall be submitted on standard size 24 -inch by 36 -inch
sheets, drawn to scale.
The following are required to identify and provide on the construction plans:
1. A cover sheet, including a location map, showing the location of the tract in reference
to other areas of the county. The map shall include a north arrow, graphic scale, and
date.
2. Construction plans with specifications detailing /showing:
• Complete configurations of all required improvements including, but not
limited to, all water, sewer, roads, water management systems, and all
appurtenant facilities, public or private;
• Complete calculations used to design these facilities shall be included with
the plans; and
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• If the development is phased, each phase boundary shall be clearly
delineated.
3. Soil Erosion and Sediment Control Plan. <* See Chapter 7 of the Administrative Code.
4. Vegetation Removal and Site Filling permit (VRSFP), if requested by applicant.
• If clearing or filling outside infrastructure is requested, the plans shall
differentiate on a site clearing plan (using hatching and legend) the
infrastructure clearing and storage of fill as allowed by VRSFP.
5. Preserve Management Plan, including a Native Vegetation Retention /Mitigation Plan,
if requested by applicant.
6. Boundary and topographic survey, less than six months old.
7. Site Clearing Plan, including a vegetation inventory.
• Areas where improvements are to be constructed with a maximum limit of
10 feet beyond any approved rights -of -way line or 5 feet beyond any
easement line.
8. Design sections, i.e., cross sections of roads, lakes, berms, and lots.
9. Construction details showing compliance with applicable federal, state, and local
standards.
10. For required improvements which will be constructed within an existing easement,
the existing easement and facilities and the proposed easement and facilities shall be
illustrated.
• The applicant shall provide copies of the plans to the holder of the
easement(s) simultaneously with its submission of the application to the
county.
11. Plan and profile sheets, showing roads, water, sewer, conflict crossings, drainage,
utilities, sidewalks, bike paths, and any unique situations.
12. Benchmark, based on NOAA datum (both NAVD and NGVD).
13. Locations of test borings of the subsurface condition of the tract to be developed.
14. The construction plans and attachments shall address special conditions pertaining to
the subdivision in note form on the construction plans, including statements
indicating:
• Compliance with federal, state, and local standards as currently adopted;
• Source of water and sewer service; and
• Required installation of subsurface construction such as water lines, sewer
lines, public utilities and storm drainage prior to compaction of subgrade and
roadway construction.
Requirements for Submittal Credentials: The water management plans and specifications in report form
Water Management shall be signed and sealed by the applicant's professional engineer licensed to
for Construction practice in the State of Florida.
Plans The Water Management plans and specifications shall include, but not be limited to, the
following:
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1. A topographic map of the land development related to both NAVD and NGVD with
sufficient spot elevations to accurately delineate the site topography, prepared by a
professional surveyor. The information may be shown referenced to 1 datum with a
note on the cover sheet listing a site - specific equation for determining the grades in
the other datum.
2. A drainage map of the entire basins within which the development or subdivision lies.
This map may be combined with the above topographic data in a manner acceptable
to the County Manager or designee. All ridges lying within the basins and the area of
the basins stated in acres, of all the existing and proposed drainage areas shall be
shown and related to corresponding points of flow concentration.
3. Flow paths shall be indicated throughout including final outfalls from the
development and basins, existing water elevations, all connected and isolated
wetlands, recurring high water elevations, proposed design water elevations, and
other related hydrologic data.
4. Drainage data, assumed criteria and hydraulic calculations, consistent with the
criteria and design method established by the SFWMD. This includes routings for the
25 -yr and 100 -yr storm events.
S. Pipe sizing calculations for the site.
6. Plans showing proposed design features and typical sections of canals, swales and all
other open channels, storm sewers, all drainage structures, roads and curbs, and
other proposed development construction.
7. Plans and profiles of all proposed roads. Where proposed roads intersect existing
roads, elevations and other pertinent details shall be shown for existing roads.
8. Where additional ditches, canals or other watercourses are required to accommodate
contributory surface waters, sufficient right -of -way shall be provided by the
developer or subdivider to accommodate these and future needs.
9. For projects that require a construction permit to be issued by the SFWMD, work shall
not commence until the applicant has provided the County Manager or designee a
copy of the permit or an acceptable "early work" permit.
10. The master drainage plan shall include the drainage plans and details for all lots. The
master drainage plan shall show proposed finished grade elevations at all lot corners
and breaks in grade. The engineer shall state on the water management calculations
the basis for wet season water table selection.
11. Construction plans for all subdivisions, site development plans, site development plan
amendments and site improvement plans shall include a general note stating that all
off -site drainage improvements associated with the current phase of development,
including perimeter berms, swales, stormwater outfall systems and on -site perimeter
swales shall be completed and operational prior to commencement of construction of
on -site improvement.
• This requirement shall be established at the mandatory pre- construction
conference. Failure to comply with completion of the required offsite
improvements will result in a stop work order being issued until such time as
the project is brought into compliance with this requirement; and
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• The Engineer of record prior to final acceptance shall provide documentation
from the stormwater maintenance entity that it has been provided
information on how the stormwater system works and their responsibility to
maintain the system.
Requirements for Submittal Credentials: The final subdivision plat shall be signed and sealed by a
Final Subdivision professional surveyor and mapper registered in the State of Florida.
Plats Sheet size: The final subdivision plat shall be submitted on standard size 24 -inch by 36-
inch sheets of mylar or other approved material in conformance with F.S. ch. 177,
drawn to scale.
The final subdivision plat shall include at a minimum the following requirements:
1. The final plat shall be prepared in accordance with the provisions of F.S. chapter 177,
as may be amended.
2. The plat shall be clearly and legibly drawn with black permanent drawing ink or a
photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100
feet.
3. Name of subdivision. The plat shall have a title or name acceptable to the County
Manager or designee. When the plat is a new subdivision, the name of the subdivision
shall not duplicate or be phonetically similar to the name of any existing subdivision.
When the plat is an additional unit or section by the same developer or successor in
title to a recorded subdivision, it shall carry the same name as the existing subdivision
and as necessary a sequential numeric or alphabetic symbol to denote and identify
the new plat from the original plat. If the name of the subdivision is not consistent
with the name utilized for any zoning action for the subject property, a general note
shall be added to the plat cover sheet which identifies the zoning action name and
ordinance number which approved such action.
4. Title. The plat shall have a title printed in bold legible letters on each sheet containing
the name of the subdivision. The subtitle shall include the name of the county and
state; the section, township and range as applicable or if in a land grant, so stated;
and if the plat is a replat, amendment or addition to an existing subdivision, it shall
include the words "section," "unit," "replat," "amendment," or the like.
5. Description. There shall be lettered or printed upon the plat a full and detailed
description of the land embraced in the plat. The description shall show the section,
township and range in which the lands are situated or if a land grant, so stated, and
shall be so complete that from it without reference to the map the starting point can
be determined and the boundaries identified.
6. Index. The plat shall contain a sheet index on page 1, showing the entire subdivision
on the sheet indexing the area shown on each succeeding sheet and each sheet shall
contain an index delineating that portion of the subdivision shown on that sheet in
relation to the entire subdivision. When more than 1 sheet shall be used to accurately
portray the lands subdivided, each sheet shall show the particular number of that
sheet and the total number of sheets included as well as clearly labeled match lines to
each sheet.
7. Survey data. The final plat shall comply with F.S. ch. 177, and shall show the length of
all arcs together with central angles, radii, chord bearing, chord length and points of
curvature. Sufficient survey data shall be shown to positively describe the boundary
of each lot, block, right -of -way, easement, required conservation or preserve area
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Aw
and all other like or similar areas shown on the plat or within the boundary of the plat
as shown in the description. The survey data contained on the plat shall also include:
• The cover sheet or first page of the plat shall show a location plan, showing
the subdivision's location in reference to other areas of the county;
• The scale, both stated and graphically illustrated, on each graphic sheet;
• A north arrow shall be drawn on each sheet that shows the geometric layout
and the configuration of the property to be platted. The north direction shall
be at the top or left margin of the map where practicable;
• The minimum size for any letter or numeral shall be 1 /10 inch;
• The points of beginning and the commencement shall be boldly shown for
any metes and bounds description;
• All intersecting street right -of -way lines shall be joined by a curve with a
minimum radius of 25 feet;
• All adjoining property shall be identified by a subdivision title, plat book and
page or if unplatted, the land shall be so designated;
• Permanent reference monuments shall be shown in the manner prescribed
by F.S. ch. 177, as amended, and shall be installed prior to recording of the
final plat;
• There shall be reserved a space in the upper right hand corner of each sheet
for the words "Plat Book " and "Page " with the
minimum letter size of Y. inch. On the line directly below, a space for "Sheet
of ";
• The map shall mathematically close and when practical shall be tied to all
section, township and range lines occurring within the subdivision by
distance and bearing where applicable; and
• All line and curve tables are to be shown on the same sheet as the graphic
drawing they relate to. When possible, dimensions shall be shown directly on
the map.
8. Lot and block identification. Each lot, block, or other like or similar parcel, however
described, shall be numbered or lettered. All lots shall be numbered or lettered by
progressive numbers or letters individually throughout the subdivision or
progressively numbered or lettered in each block, not necessarily starting with the
number "1" or letter "A." Parcels and blocks in each incremental plat shall be
numbered or lettered consecutively throughout a subdivision.
9. Protected /Preserve easements. All parcels which constitute a protected /preserve
area shall be labeled as an easement or tract. All protected /preserve area easements
or tracts shall be dedicated on the final subdivision plat to Collier County without the
responsibility for maintenance and to a property owners' association or similar entity
with maintenance responsibilities.
10. Street names. The plat shall contain the name of each street shown on the plat in
conformance with the design requirements of this section.
11. Utilities. The construction plans for required improvements which will be constructed
within an existing easement must illustrate the existing easement and existing
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facilities, and the proposed easement and the proposed facilities.
• Copies of the construction plans shall be provided by the applicant to the
holder of the easement(s) simultaneously with its submission to the county.
12. Outparcels. All interior excepted parcels shall be clearly indicated and labeled "Not a
Part of this Plat."
13. Rights -of -way and easements. All right -of -way and easement widths and dimensions
shall be shown on the plat. All lots must have frontage on a public or private right -of-
way in conformance with the LDC. Exceptions to lot frontage requirements are
identified in LDC section 4.03.04.
14. Restrictions, reservations, and restrictive covenants. Restrictions pertaining to the
type and use of water supply, type and use of sanitary facilities; use, responsibility of
maintenance and benefits of water or water management areas, canals, preserve and
conservation areas, and other open spaces; odd - shaped and substandard parcels;
restrictions controlling building lines; establishment and maintenance of buffer strips
and walls; and restrictions of similar nature shall require the establishment of
restrictive covenants and the existence of such covenants shall be noted on the plat
by reference to official record book and page numbers in the public records of Collier
County. Documents pertaining to restrictive covenants shall be submitted with the
final plat.
15. Location. The name of the section, township, range, and if applicable city, town,
village, county and state in which the land being platted is situated shall appear under
the name of the plat on each sheet. If the subdivision platted is a resubdivision of a
part or the whole of a previously recorded subdivision, the fact of its being a
resubdivision shall be stated as a subtitle following the name of the subdivision
wherever it appears on the plat.
16. Basis of bearings. The basis of bearings must be clearly stated, i.e., whether to "True
North," "Grid North" as established by the National Oceanic Society (NOS), "Assumed
North," etc., and must be based on a well- defined line.
17. Existing or recorded streets. The plat shall show the name, location, and width of all
existing or recorded streets intersecting or contiguous to the boundary of the plat,
accurately tied to the boundary of the plat by bearings and distances.
18. Private streets and related facilities. All streets and their related facilities designed to
serve more than 1 property owner shall be dedicated to the public use; however
private streets shall be permitted within property under single ownership or control
of a property Home Owners' Association a condominium or cooperative association
or other like or similar entity. Where private streets are permitted, ownership and
maintenance association documents shall be submitted with the final plat and the
dedication contained on the plat shall clearly dedicate the roads and maintenance
responsibility to the association without responsibility to the county or any other
public agency. The rights -of -way and related facilities shall be identified as tracts for
roads and other purposes under specific ownership. All private streets shall be
constructed in the same manner as public streets and the submission of construction
plans with required information shall apply equally to private streets.
19. Preserve Setbacks. The required preserve principal structure setback line and the
accessory structure setback lines shall be clearly indicated and labeled on the final
plat where applicable. The boundaries of all required easements shall be dimensioned
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on the final subdivision plat. Required protected /preserve areas shall be identified as
separate tracts or easements having access to them from a platted right -of -way. No
individual residential or commercial lot or parcel lines may project into them when
platted as a tract. If the protected /preserve area is determined to be jurisdictional in
nature, verification must be provided which documents the approval of the boundary
limits from the appropriate local, state or federal agencies having jurisdiction and
when applicable pursuant to the requirements and provisions of the growth
management plan. gSee LDCsection 6.01.02 for further information.
20. Certification and approvals. The plat shall contain, except as otherwise allowed
below, on the first page (unless otherwise approved by the Engineering Services
Director and office of the county attorney prior to submittal) the following
certifications and approvals, acknowledged if required by law, all being in
substantially the form set forth in Appendix C to the LDC. The geometric layout and
configuration of the property to be platted shall not be shown on the page(s)
containing the certifications, approvals and other textual data associated with the
plat when practical.
Dedications. The purpose of all dedicated or reserved areas shown on the
plat shall be defined in the dedication on the plat. All areas dedicated for use
by the residents of the subdivision shall be so designated and all areas
dedicated for public use, such as parks, rights -of -way, easements for
drainage and conservation purposes and any other area, however
designated, shall be dedicated by the owner of the land at the time the plat
is recorded. Such dedication and the responsibility for their maintenance
shall require a separate acceptance by resolution of the Board of County
Commissioners. No dedication items shall be included in the general note for
the plat;
Mortgagee's consent and approval. Identification of all mortgages and
appropriate recording information together with all mortgagees' consents
and approvals of the dedication shall be required on all plats where
mortgages encumber the land to be platted. The signature(s) of the
mortgagee or mortgagees, as the case may be, must be witnessed and the
execution must be acknowledged in the same manner as deeds are required
to be witnessed and acknowledged. In case the mortgagee is a corporation,
the consent and approval shall be signed on behalf of the corporation by the
president, vice - president or chief executive officer. At the applicant's option,
mortgagee's consents do not have to be included on the plat to be recorded,
so long as they are provided as fully executed and acknowledged separate
instruments along with the plat recording submittal;
Certification of surveyor. The plat shall contain the signature, registration
number and official seal of the land surveyor, certifying that the plat was
prepared under his responsible direction and supervision and that the survey
data compiled and shown on the plat complies with all of the requirements
of F.S. ch. 177, part I, as amended. The certification shall also state that
permanent reference monuments (P.R.M.), have been set in compliance with
F.S. chapter 177, part I, as amended, and this section, and that permanent
control points (P.C.P.$) and lot corners will be set under the direction and
supervision of the surveyor prior to final acceptance of required
improvements. Upon installation of the P.C.P.s, the surveyor must submit to
the County Manager or designee written certification that the installation
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work has been properly completed. When required improvements have
been completed prior to the recording of a plat, the certification shall state
the P.C.P.s and lot corners have been set in compliance with the laws of the
State of Florida and ordinances of Collier County. When plats are recorded
and improvements are to be accomplished under performance security
posted as provided for by this section, the required improvements and
performance guarantee shall include P.C.P.s;
• Surveyor's seal. The surveyor of record shall sign and seal copies of the plat
submitted for approval;
• Signature block for county attorney. The plat shall contain the approval and
signature block for the county attorney;
• Signature block for Board of County Commissioners and clerk of circuit court.
The plat shall contain the approval and signature block for the Board of
County Commissioners and the acknowledgement and signature block of the
clerk of circuit court;
• Evidence of title. A title certification or opinion of title complying with
section 177.041, F.S., must be submitted with the plat. The evidence of title
provided must state or describe: (1) that the lands as described and shown
on the plat are in the name, and record title is held by the person, persons or
organization executing the dedication, (2) that all taxes due and payable at
the time of final plat recording have been paid on said lands, (3) all
mortgages on the land and indicate the official record book and page
number of each mortgage. The evidence of title may, at the applicant's
discretion, be included on the first page of the plat, so long as the
information required by section 177.041, F.S., and this paragraph is clearly
stated, an effective date is provided, and the statement is properly signed;
and
• Instrument prepared by. The name, street and mailing address of the natural
person who prepared the plat shall be shown on each sheet. The name and
address shall be in statement form consisting of the words, "This instrument
was prepared by (name), (address)."
Completeness and
The Engineering Services Department will review the final subdivision plat application for
Processing of
completeness. After submission of the completed application packet accompanied with
Application
the required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to the
petition. This petition tracking number should be noted on all future correspondence
regarding the petition.
Notice
No notice is required.
Public Hearing
The BCC shall hold at least 1 advertised public hearing.
Decision Maker The BCC.
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Review Process The Engineering Services Department will review the application, identify whether
additional materials are needed and review the application for compliance with LDC
subsections 10.02.04 B and 10.02.04 C and other provisions of the LDC.
Once submitted for review, the construction plans and final subdivision plat application
will remain under review so long as a resubmittal in response to a county reviewer's
comments is received within 270 days of the date on which the comments were sent to
the applicant. If a response is not received within this time, the application will be
considered withdrawn and cancelled. Further review of the project will require a new
application together with appropriate fees.
1. The applicant's professional engineer shall submit a digitally created
construction /site plan documents; and
2. 1 CDROM of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units;
as established by a Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or
Digital Exchange File (DXF) format; information layers shall have common naming
conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.).
For a plan to be deemed complete, the layering scheme must be readily understood
by county staff. All property information (parcels, lots, and requisite annotation) shall
be drawn on a unique information layer, with all linework pertaining to the property
feature located on that layer. Example: parcels—All lines that form the parcel
boundary will be located on 1 parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: lot dimensions— Lottxt layer. All
construction permits required from local, state and federal agencies must be
submitted to the County Manager or designee prior to commencing development
within any phase of a project requiring such permits.
Recording Process The final subdivision plat shall be recorded pursuant to LDC subsection 10.02.04 F. Gsee
Chapter 5 G. of the Administrative Code
Updated
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The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
Pre - Construction
A pre- construction meeting shall be scheduled with the Engineering Services Department
Meeting
prior to the commencement of construction. All Federal, State, and local permits shall be
submitted prior to construction and before the pre- construction meeting. If approved by
the County Manager or designee, an applicant may submit Federal, State and local agency
permits at the pre- construction meeting..
Re- submittal of
Upon re- submittal of construction plans and final subdivision plat, the engineer shall
Construction Plans
identify all revisions to the construction plans by lettering or numbering; the surveyor
and Final Subdivision
shall identify all revisions to the plat by highlighting the current revisions. The applicant
Plats
shall also provide a written response to the county's comments, responding to each
comment individually.
Digital Submittal
After the construction plans and final subdivision plat has been approved by the County
Requirements
Manager or designee for compliance, the applicant shall submit the following:
1. The applicant's professional engineer shall submit a digitally created
construction /site plan documents; and
2. 1 CDROM of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units;
as established by a Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or
Digital Exchange File (DXF) format; information layers shall have common naming
conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.).
For a plan to be deemed complete, the layering scheme must be readily understood
by county staff. All property information (parcels, lots, and requisite annotation) shall
be drawn on a unique information layer, with all linework pertaining to the property
feature located on that layer. Example: parcels—All lines that form the parcel
boundary will be located on 1 parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: lot dimensions— Lottxt layer. All
construction permits required from local, state and federal agencies must be
submitted to the County Manager or designee prior to commencing development
within any phase of a project requiring such permits.
Recording Process The final subdivision plat shall be recorded pursuant to LDC subsection 10.02.04 F. Gsee
Chapter 5 G. of the Administrative Code
Updated
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D.2. Final Subdivision Plat - For Townhouse Fee Simple Development
Reference LDC subsections 10.02.04.6 and 10.02.04 C and other provisions of the LDC.
Applicability For final subdivision plat incorporating a townhouse development on fee simple lots, the
additional application contents identified below shall be provided with the final
subdivision plat application.
Pre - Application A pre - application meeting is required.
Initiation The applicant files a "Subdivision Construction Plans and Plat Application" with Planning &
Zoning Department.
Pursuant to LDC subsection 10.02.04 B.6, site development plans may be submitted for
review once the first review comments of the construction plans and final subdivision plat
are posted. No site development plans may be approved until the final subdivision plat is
approved by the County Manager or designee.
Application Contents A Townhouse Fee Simple Development application must include the following, in addition
to the Application Contents and Requirements for construction plans and final subdivision
plat. q See Chapter 5 D.1 of the Administrative Code.
Submittal Credentials: The construction plans shall be signed and sealed by the applicant's
professional engineer licensed to practice in the State of Florida. The final
subdivision plat shall be prepared by a professional surveyor and mapper
registered in the State of Florida. The landscape plans shall be signed and sealed
by a landscape architect registered in the State of Florida.
Sheet size: The construction plans and final subdivision plat shall be submitted on
standard size 24 -inch by 36 -inch sheets, drawn to scale.
1. A coversheet which includes:
• Applicant contact information;
• The name of the development;
• The zoning district;
• PUD Ordinance and Development Commitment information;
• Legal description of the subject property, both prior to and after subdivision;
and
• A location map, showing the location of the tract in reference to other areas
of the county. The map shall include a north arrow, graphic scale, and date.
2. Landscape plans, signed and sealed, in accordance with LDC section 10.02.14.
3. Traffic Impact Study gSee Chapter 7 of the Administrative Code.
4. For residential projects subject to the provisions of LDC section 10.04.09, a completed
School Impact Analysis (SIA) application, location map and review fee.
5. The following information in table format:
• Total site acreage;
• Total square footage of impervious area, including all parking areas, drive
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aisles, internal streets, and the percentage of impervious area of the total
site area;
• Total number of units, units per acre, and a unit breakdown by square
footage and number of bedrooms, as well as minimum /maximum (as
applicable) floor area required and floor area proposed;
• All required and provided setbacks and separations between principal and
accessory structures;
• Maximum building height allowed by zoning district and height proposed;
• Zoning and land use of the subject property and adjacent properties,
including properties abutting an adjacent right -of -way or right -of -way
easement;
• A parking summary, showing number of spaces required, and number of
spaces provided; and
• Preserve area required and provided;
6. A Site Plan illustrating the following:
• Name and alignment of existing /proposed rights -of -way of all streets
bordering the development;
• Name and alignment of existing /proposed rights -of -way for all internal
streets and alleys;
• Location of all existing driveways or access points of the opposite sides of all
streets bordering the development;
• Location of all traffic calming devices;
• Location and configuration of all development ingress and egress points;
• Location and arrangements of all proposed principal and accessory
structures;
• Directional movement of internal vehicular traffic and its separation from
pedestrian traffic;
• Location of emergency access lanes, fire hydrants and fire lanes;
• Location of all handicapped parking spaces;
• Location of trash enclosures or compactors, if applicable;
• Location and proposed heights of proposed walls or fences;
• Location of sidewalks and pathways, designed in accordance with LDC
section 6.06.02;
• Location of residential off - street parking in accordance with LDC subsection
4.05.04 D.1;
• Location of all required preserves with area in square feet; and
• Any additional relevant information as may be required by the County
Manager or designee.
Completeness and The Planning & Zoning Department will review the final subdivision plat application for
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Processing completeness. After submission of the completed application packet accompanied with
the required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to the
petition. This petition tracking number should be noted on all future correspondence
regarding the petition.
Notice No notice is required.
Public Hearing The BCC shall hold at least 1 advertised public hearing.
Decision Maker The BCC.
Review Process The Engineering Services Department will review the application, identify whether
additional materials are needed and review the application for compliance with LDC
subsections 10.02.04 B and 10.02.04 C and other provisions of the LDC.
Once submitted for review, the townhouse construction plans and final subdivision plat
application will remain under review so long as a resubmittal in response to a county
reviewer's comments is received within 270 days of the date on which the comments
were sent to the applicant. If a response is not received within this time, the application
review will be considered withdrawn and cancelled. Further review of the project will
require a new application together with appropriate fees.
The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
Pre - Construction A pre- construction meeting shall be scheduled with the Engineering Services Department
Meeting prior to the commencement of construction. All Federal, State, and local permits shall be
submitted prior to construction and before the pre- construction meeting. If approved by
the County Manager or designee, an applicant may submit Federal, State and local agency
permits at the pre- construction meeting.
Digital Submittal After the final subdivision plat has been approved by the County Manager or designee for
Requirements compliance the applicant shall submit the following:
1. The applicant's professional engineer shall submit a digitally created
construction /site plan documents; and
2. 1 CDROM of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units;
as established by a Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or
Digital Exchange File (DXF) format; information layers shall have common naming
conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.).
For a plan to be deemed complete, the layering scheme must be readily understood
by county staff. All property information (parcels, lots, and requisite annotation) shall
be drawn on a unique information layer, with all linework pertaining to the property
feature located on that layer. Example: parcels —All lines that form the parcel
boundary will be located on 1 parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: lot dimensions— Lottxt layer. All
construction permits required from local, state and federal agencies must be
submitted to the County Manager or designee prior to commencing development
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within any phase of a project requiring such permits.
Recording Process The Townhouse Construction Plans and Final Subdivision Plats shall be recorded pursuant
to LDC subsection 10.02.04 F WSee Chapter 5 G. of the Administrative Code.
Updated
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E. Construction Plans (CNSTR)
E.1. Construction Plans - Standard
Reference LDC subsection 10.02.04 E.
Applicability This procedure applies to construction improvements which do not require platting
or recordation of land.
Pre - application A pre - application meeting is required.
Initiation The applicant files an "Application for Construction Plans (CNSTR)" with the Planning
& Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Addressing checklist.
3. Property information, including:
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block;
• Project name; and
• General location.
4. Cover letter, briefly describing the project.
5. Streetlight plans.
6. Landscape plans.
7. Professional engineer's report.
8. Construction Plans.
9. Professional engineer's opinion of the probable construction costs or contract
bid price.
10. Electronic copies of all documents.
Requirements for gSee Chapter 5 D.1 - Construction Plans and Final Subdivision Plat section of the
Construction Plans Administrative Code for the construction plans and water management plan
requirements.
Submittal Credentials: The construction plans shall be signed and sealed by the
applicant's professional engineer licensed to practice in the State of
Florida. The landscape plans shall be signed and sealed by a landscape
architect registered in the State of Florida. The streetlight plans shall be
signed and sealed by a irrigation designer or landscape architect registered
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in the State of Florida
Sheet size: The construction plans shall be submitted on standard size 24 -inch by
36 -inch sheets, drawn to scale.
Completeness and The Engineering Services Department will review the application for completeness.
Processing After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Engineering Services Department will review the application, identify whether
additional materials are needed and review the application for compliance with LDC
subsection 10.02.04 E and shall approve or deny the application.
Once submitted for review, the construction plans application will remain under
review so long as a resubmittal in response to a county reviewer's comments is
received within 270 days of the date on which the comments were sent to the
applicant. If a response is not received within this time, the application for review
will be considered withdrawn and cancelled. Further review of the project will
require a new application together with appropriate fees.
Pre - Construction A pre- construction meeting shall be scheduled with the Engineering Services
Meeting Department prior to the commencement of construction. All Federal, State, and
local permits shall be submitted prior to construction and before the pre -
construction meeting. If approved by the County Manager or designee, an applicant
may submit Federal, State and local agency permits at the pre- construction
meeting.
Digital Submittal
Requirements
following approval
by the County
After the final subdivision plat has been approved by the County Manager or
designee for compliance the applicant shall submit the following:
1. The applicant's professional Engineer shall submit a digitally created
Manager or construction /site plan documents; and
designee 2.
1 CDROM of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data
to be submitted shall follow these formatting guidelines: All data shall be
delivered in the state plane coordinate system, with a Florida East Projection,
and a North American Datum 1983/1990 (NAD83 /90 datum), with United
States Survey Feet (USFEET) units; as established by a Florida registered
surveyor and mapper. All information shall have a maximum dimensional error
of +0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF)
format; information layers shall have common naming conventions (i.e. right -
of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be
deemed complete, the layering scheme must be readily understood by county
staff. All property information (parcels, lots, and requisite annotation) shall be
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drawn on a unique information layer, with all linework pertaining to the
property feature located on that layer. Example: parcels—All lines that form the
parcel boundary will be located on 1 parcel layer. Annotations pertaining to
property information shall be on a unique layer. Example: lot dimensions -
Lottxt layer. All construction permits required from local, state and federal
agencies must be submitted to the County Manager or designee prior to
commencing development within any phase of a project requiring such permits.
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E.2. Insubstantial Change to Construction Plans (ICP)
Reference LDC subsections 10.02.04 B.5 and 10.02.05 A.5
Applicability Approved construction plans may request minor or insubstantial changes due to site
inspections and /or unexpected conditions that warrant changes to the plans. All
changes must be noted on the record drawings.
No changes to the final subdivision plat are permitted.
Pre - application A pre - application meeting is required unless waived by the County Manager or
designee.
Initiation The applicant files an "Application for Insubstantial Change to Construction Plans"
with the Planning & Zoning Department.
Application Submittal Credentials: Construction plans for all of the improvements required shall
Contents be signed and sealed by the applicant's professional engineer licensed to
practice in the State of Florida.
Sheet size: The construction plans shall be submitted on standard size 24 -inch by
36 -inch sheets, drawn to scale.
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Project information, including:
• Assigned Planner;
• Project name;
• Original SDP /SIP number; and
• Section, township and range.
4. Determination (i.e. email correspondence) from the County Manager or
designee that confirms the following:
• The proposed revisions to a PPL, CNSTR, SDP or SIP is consistent with
the insubstantial change criteria; and
S. Cover letter describing in detail the requested changes and identification of the
sheet number and the plans affected by the requested change. The cover sheet
shall be signed and sealed and include the following information:
• Project Title;
• Reference the project is an Insubstantial Change for PPL, CNSTR, SDP
or SIP;
• Zoning Designation;
• Vicinity map clearly identifying the location of the development; and
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• Property information, including:
• Legal description; and
• Property identification number.
Completeness and The Engineering Services Department will review the application for completeness.
Processing After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Engineering Services Department will review the application and identify
whether additional materials are needed and review the application for compliance
with LDC sections 10.02.04 and 10.02.05 and any other applicable LDC sections.
Once submitted for review, the insubstantial change application will remain under
review so long as a resubmittal in response to a county reviewer's comments is
received within 270 days of the date on which the comments were sent to the
applicant. If a response is not received within this time, the application for review
will be considered withdrawn and cancelled. Further review of the project will
require a new application together with appropriate fees.
Pre - Construction A pre- construction meeting shall have occurred with the Engineering Services
Meeting Department prior to the initial commencement of construction.
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F. Minor Final Subdivision Plat (FP)
Reference
LDC subsection 10.02.04 D.
Applicability
This procedure applies to a minor final subdivision plat. A minor final subdivision
plat generally does not require improvements, a construction maintenance
agreement, a security performance bond, or phasing.
Pre - application
A pre - application meeting is required unless waived by the County Manager or
designee.
Initiation
The applicant files a "Minor Subdivision Plat Application" with the Planning & Zoning
Department.
Application
The application must include the following:
Contents
1. Applicant contact information.
2. Addressing checklist.
3. PUD Ordinance and Development Commitment Information.
4. Property information, including:
• Legal description;
• Property identification number;
• Project name;
• Section, township and range;
• Subdivision, unit, lot and block; and
• Totalacreage.
S. Current zoning designation of subject property.
6. Cover letter briefly explaining the project.
7. PUD Monitoring Schedule, if applicable.
8. Owner /agent affidavit as to the correctness of the application.
9. Signed and sealed Plat, less than 6 months old.
10. Signed and sealed boundary survey, less than 6 months old.
11. Evidence of Authority.
12. Zoning Data Sheet.
13. Certificate of Adequate Public Facilities application, if applicable.
14. School Impact Analysis application, if applicable.
Final Subdivision
<*See Chapter 5 D.1 - "Requirements for Final Subdivision Plat" within the
Plat Requirements
Construction Plans and Final Subdivision Plat section of the Administrative Code.
Submittal Credentials: Minor final plats shall be signed and sealed by a professional
surveyor and mapper registered in the State of Florida.
Sheet size: The final subdivision plat shall be submitted on standard size 24 -inch by
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36 -inch sheets, drawn to scale.
Completeness and The Engineering Services Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing The BCC shall hold 1 public hearing.
Decision maker The County Manager or designee.
Review Process The Engineering Services Department will review the application, identify whether
additional materials are needed and review the application for compliance with and
shall approve, approve with conditions, or deny the minor final subdivision plat.
Once submitted for review, the minor final subdivision plat application will remain
under review so long as a resubmittal in response to a county reviewer's comments
is received within 270 days of the date on which the comments were sent to the
applicant. If a response is not received within this time, the application for review
will be considered withdrawn and cancelled. Further review of the project will
require a new application together with appropriate fees.
The County Manager or designee will provide a recommendation to the Board of
County Commissioners to approve, approve with conditions, or deny the minor final
subdivision plat.
Digital Submittal After the minor final subdivision plat has been approved by the County Manager or
Requirements designee for compliance the applicant shall submit the following:
1. The applicant's professional Engineer shall submit a digitally created
construction /site plan documents; and
2. 1 CDROM of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data
to be submitted shall follow these formatting guidelines: All data shall be
delivered in the state plane coordinate system, with a Florida East Projection,
and a North American Datum 1983/1990 (NAD83 /90 datum), with United
States Survey Feet (USFEET) units; as established by a Florida registered
surveyor and mapper. All information shall have a maximum dimensional error
of +0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF)
format; information layers shall have common naming conventions (i.e. right -
of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be
deemed complete, the layering scheme must be readily understood by county
staff. All property information (parcels, lots, and requisite annotation) shall be
drawn on a unique information layer, with all linework pertaining to the
property feature located on that layer. Example: parcels —All lines that form the
parcel boundary will be located on 1 parcel layer. Annotations pertaining to
property information shall be on a unique layer. Example: lot dimensions -
Lottxt layer. All construction permits required from local, state and federal
agencies must be submitted to the County Manager or designee prior to
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commencing development within any phase of a project requiring such permits.
Recording Process The minor final subdivision plat shall be recorded pursuant to LDC section 1.0.02.04
F GSee Chapter 5 G. of the Administrative Code
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G. Plat Recording
Reference LDC subsection 10.02.04 F.
Applicability This procedure is to ensure proper legal description, identification,
documentation, and recording of real estate boundaries.
No building permit for habitable structures shall be issued prior to approval by the
BCC and recordation of the final subdivision plat, except as identified in LDC
sections 5.05.04 and 10.02.04 B.6.
Pre - Application A pre - application meeting will have occurred at the time of submittal of the
construction plans and final subdivision plat or minor final subdivision plat.
Initiation The applicant files an "Application for Plat Recording (PR)" with the Engineering
Services Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Original PPL number.
3. Construction and Maintenance Agreement.
4. Original sepia mylar of the final subdivision plat.
• Surveyor's certification that the mylar contains no revisions from the
most recent submittal of the final subdivision plat to the Engineering
Services Department.
5. Pursuant to LDC subsection 10.02.04 F.3, an original title opinion from an
attorney licensed to practice in the State of Florida, which contains the
following:
• A legal description of at least the lands being platted;
• A statement that the attorney is licensed to practice in the State of
Florida and that the attorney has examined title to the subject real
property, if a title opinion is being provided;
• Identification of the exact name of any person who is the record
owner of the subject real property and a specific citation to the
official records book and page, where each record legal owner
obtained title to the subject real property. The title information shall
have attached thereto a copy of said instrument(s) of conveyance;
and
• Identification of liens, encumbrances, easements, or matters shown
or that should be shown as exclusions to coverage on a title
insurance policy. As may be applicable, the title information shall
include in a neatly bound fashion, and make citation to the recording
information of, all referenced liens, encumbrances, easements, or
exclusions. The title information shall have attached thereto a copy
of any such instruments.
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6. Joiner and consent of mortgagee, if applicable.
7. If any dedications, grants, conveyances, easements, consents (including
mortgagee consents), reservations, covenants, or other like instruments are
to be recorded simultaneously with the final subdivision plat, appropriate fees
and original documentation must be provided to the County Manager or
designee for processing and recording by the clerk of court prior to, or
simultaneously with, the recording of the final subdivision plat.
8. Homeowner Association Documents, if applicable.
9. Affidavit by surveyor.
Supporting "gap" 1. Pursuant to LDC subsection 10.02.04 F.3, within 60 days of recordation of the
title information final subdivision plat the applicant shall submit to the County Manager or
designee final supporting "gap" title information.
2. The final supporting title information must meet all of the requirements in the
above (Plat Recording — Application Contents).
3. The effective date of the supporting "gap" title information must be through
the date of recordation of the final subdivision plat and must, at a minimum,
cover the "gap" between the time the effective date of the information
required above (Plat Recording — Application Contents) and the date and time
of recording of the final plat.
4. The title information must identify and provide copies of any recorded
documentation of the holders of any estates, liens, encumbrances, or
easements not properly included or joined in the dedication or consents on
the final subdivision plat. The supporting "gap" title information must have
attached a copy of any required instruments not previously provided in
connection with submittals for the final plat's recording.
Completeness and The Engineering Services Department will review the application for
Processing completeness. After submission of the completed application packet accompanied
with the required fee, the applicant will receive a mailed or electronic response
notifying the applicant that the petition is being processed. Accompanying that
response will be a receipt for the payment and the tracking number (i.e.,
XX201200000) assigned to the petition. This petition tracking number should be
noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing The BCC shall hold 1 public hearing.
Decision Maker The BCC.
Review Process The Engineering Services Department will review the application and identify
whether additional materials are needed pursuant to LDC subsection 10.02.04 F.
The Engineering Services Department will submit the final subdivision plat
materials to the Collier County Clerk of Courts for recording.
Digital Submittal After the final subdivision plat has been approved by the County Manager or
Requirements designee for compliance the applicant shall submit the following:
1. The applicant's professional Engineer shall submit a digitally created
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construction /site plan documents; and
2. 1 CDROM of the master plan file, including, where applicable, easements,
water /wastewater facilities, and stormwater drainage system. The digital data
to be submitted shall follow these formatting guidelines: All data shall be
delivered in the state plane coordinate system, with a Florida East Projection,
and a North American Datum 1983/1990 (NAD83 /90 datum), with United
States Survey Feet (USFEET) units; as established by a Florida registered
surveyor and mapper. All information shall have a maximum dimensional
error of +0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File
(DXF) format; information layers shall have common naming conventions (i.e.
right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a
plan to be deemed complete, the layering scheme must be readily understood
by county staff. All property information (parcels, lots, and requisite
annotation) shall be drawn on a unique information layer, with all linework
pertaining to the property feature located on that layer. Example: parcels—All
lines that form the parcel boundary will be located on 1 parcel layer.
Annotations pertaining to property information shall be on a unique layer.
Example: lot dimensions — Lottxt layer. All construction permits required from
local, state and federal agencies must be submitted to the County Manager or
designee prior to commencing development within any phase of a project
requiring such permits.
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H. Vacation of Subdivision Plats
Reference 4*See F.S. § 177.101, as amended and LDC subsection 10.02.04 G.
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Chapter 6. Waivers, Exemptions, and Reductions
The following applications and approvals listed in this Chapter provide waivers, exemptions, and reductions from
the standards identified in the LDC. Some petitions require a public hearing for approval.
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A. Administrative Fence /Wall Waiver (AFW)
Reference
LDC subsection 5.03.02 F.
Applicability
This procedure applies to a request to administratively approve an alternative to the
fence or wall design requirements, where there is a non - residential development on
the adjoining parcel or abutting right -of -way.
Pre - Application
A pre - application meeting is not required.
Initiation
The applicant files an "Administrative Fence Waiver" application with the Planning
& Zoning Department.
Application
The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including;
• Section, township and range;
• Subdivision, unit, lot and block; and
• Address of subject site.
3. A narrative description of the site and a detailed explanation of the alternative
proposal to meet the intent of the LDC.
4. Illustrations, landscape plans, photos, and other illustrative materials that
support the applicant's proposal.
Completeness and
The Planning & Zoning Department will review the application for completeness.
Processing of
After submission of the completed application packet accompanied with the
Application
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and approve, approve with conditions or deny the
Administrative Fence /Wall Waiver.
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B. Administrative Parking Reduction (APR)
Reference LDC subsection 4.05.04.F.2
Applicability This procedure applies to the process where the County Manager or designee may
determine the minimum parking requirements for a use which is not specifically
identified in the LDC or for which an applicant has provided evidence that a
specific use is of such a unique nature that the applicable minimum parking ratio
listed in the LDC should not be applied.
Pre - Application A pre - application meeting is not required.
Initiation The applicant files an "Administrative Parking Reduction" application with the
Planning & Zoning Department.
Application Contents The application must include the following:
1. Applicant contact information.
2. Property information, including:
• Section, township and range;
• Subdivision, lot and block; and
• Address of subject site.
S. Type of business.
6. Hours of operation.
3. Signed and sealed survey.
4. Addressing checklist.
S. To determine the minimum parking requirements for a use which is not
specifically identified in the LDC or for which an applicant has provided
evidence that a specific use is of such a unique nature that the applicable
minimum parking ratio listed in the LDC should not be applied, then the
applicant may be required to submit the following:
• Parking generation studies;
• Evidence of parking ratios applied by other counties and
municipalities for the specific use;
• Reserved parking pursuant to LDC section 4.04.05; and
• Other conditions and safeguards deemed to be appropriate to
protect the public health, safety and welfare.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying
the applicant that the petition is being processed. Accompanying that response
will be a receipt for the payment and the tracking number (i.e., XX201200000)
assigned to the petition. This petition tracking number should be noted on all
future correspondence regarding the petition.
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Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and prepare a letter of approval or denial utilizing
the criteria identified in the LDC subsection 4.05.04 F.2.
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C. Administrative Parking Exemption
Reference LDC subsections 4.05.02 K.1 -2.
Applicability This procedure applies to a request for relief from various requirements of the
minimum parking requirements established by the LDC, including:
1. Allowing off -site parking on non - contiguous lots under the same ownership,
and /or
2. Allowing off -site parking on contiguous lots under different ownership (shared
parking).
Pre - Application A pre - application meeting is not required, but may be requested to determine if the
exemption request may be fulfilled administratively.
Initiation The applicant files an "Application For Public Hearing For Parking Exemption" with
the Planning & Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including:
• Legal description; and
• Principal site property information and off -site parking area
information, with the following included:
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds
description;
• Address of subject site and general location; and
o Size of property in feet and acres.
3. The name and mailing address of all registered Home Owners Association's that
could be affected by the application.
4. Disclosure of ownership.
5. Project information, including:
• Zoning classification of proposed off -site parking lot;
• Zoning and type of land use of the property that the Parking
Exemption is proposed to serve;
• Total number of parking spaces required for the project;
• Number of parking spaces proposed to be located off -site;
• Whether the proposed parking lot is separated from the permitted use
by a collector or arterial roadway, and the roadway name; and
• Whether the permitted use is proposed to share required parking with
another permitted use.
6. A narrative statement describing the request with specific reference to the
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criteria noted in LDC subsection 4.05.02 K.1. -2., and any backup materials or
documentation.
7. Pre - application meeting notes, if applicable.
8. Addressing checklist.
9. If required, a Boundary Survey (completed within the last six months, maximum
1 in. to 400 ft. scale) that is abstracted, signed, sealed and prepared by a Florida
registered land surveyor. The boundary survey must include the following:
• The location and dimensions of all property lines, existing streets or
roads, easements, rights -of -way, and areas dedicated to the public;
and
• An Attorney's Opinion of Title or by a sworn statement from the
property owners stating that they have provided sufficient
information to the surveyor to allow the accurate depiction of the
information on the survey.
10. A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan
must measure 24 in. x 36 in. along with a reduced 8%: in. x 11 in. copy. The site
plan shall show the following information:
• All existing and proposed structures and their dimensions;
• Provisions for existing and /or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site);
• All existing and /or proposed parking and loading areas (including a
matrix that indicates required and provided parking and loading,
including required parking for the disabled);
• Required yards, open space and preserve areas; and
• Proposed and /or existing landscaping and buffering as may be
required by the County.
11. Owner /agent affidavit as to the correctness of the application.
12. A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement of ownership clearly
13. Map of Property Location.
14. 10 -Year Lease Agreement, if required by the approval criteria.
15. Electronic copies of all documents.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
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Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application and approve,
approve with conditions, or deny the applications utilizing the criteria identified in
LDC subsection 4.05.02 K.1 or K.2.
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D. Administrative Variance (AVA)
Reference
LDC section 9.04.04
Applicability
This procedure applies to a request for an administrative approval for minor after -
the -fact yard encroachments for principal and accessory structures, pursuant to the
specific classifications outlined in LDC section 9.04.04.
Pre - Application
A pre - application meeting is not required.
Initiation
The applicant files an "Administrative Variance For Minor After-The-Fact Yard
Encroachments submittal Instructions And Application Form" with the Planning &
Zoning Department.
Application
The application must include the following:
Contents
1. Applicant contact information.
2. Disclosure of ownership.
3. Property information, including:
• Legal description;
• Section, township and range;
• Subdivision, unit, lot and block; and
• Address of subject site and general location.
4. Details of variance request, including the following information:
• Statement of what is requested and where on the site;
• Location and extent of encroachment, measured in tenths of feet;
• When the encroachment was discovered;
• How the encroachment was discovered; and
• Building permit numbers of encroaching structures.
S. A signed and sealed copy of the survey identifying the encroachment.
Completeness and
The Planning & Zoning Department will review the application for completeness.
Processing of
After submission of the completed application packet accompanied with the
Application
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and approve, approve with conditions or deny the
application based on the criteria in LDC section 9.04.04.
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E. Alcohol Distance Waiver
Reference LDC subsection 5.05.01 A.6, LDC section 8.10.00, and LDC Public Notice subsection
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Applicability
This provides for waiver of part or all of the minimum separation distance required
between establishments whose primary function is the sale of alcoholic beverages
for on -site consumption.
Pre - Application
A pre - application meeting is required.
Initiation
The applicant files a "Petition for Waiver from Separation Requirements for
Establishments Selling Alcoholic Beverages for On- Premise Consumption" with the
Planning & Zoning Department.
Application
The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including:
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description; and
• Address of subject site.
3. Zoning information, including:
• Current zoning of subject property; and
• Adjacent zoning and land use.
4. A statement describing the extent of the waiver requested, in linear feet, from
the required 500 foot separation.
5. A description of all proposed uses for the subject site /structure, including the
following:
• Total square footage of subject structure.
• Square footage dedicated to each proposed use.
• Proposed hours of operation.
• Indication of entertainment and type.
• A description addressing each of the criteria identified in LDC
subsection 5.05.01 A.6.a.- d.
6. A signed and sealed survey or boundary sketch to scale, including reduced 8%
in. x 11 in. copies.
7. Addressing checklist.
8. Owner /agent affidavit as to the correctness of the application.
Completeness and
The Planning & Zoning Department will review the application for completeness.
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Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice Notification requirements are as follows. q See Chapter 8 of the Administrative
Code for additional notice information.
1. Newspaper Advertisements: The legal advertisement shall be published at
least 15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing; and
• Description of the proposed land uses.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner may grant a waiver of part or the entire minimum distance
requirement.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare Staff Report, utilizing the criteria
established in LDC section 5.05.01 A.6, to present to the Office of the Hearing
Examiner for a decision.
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F. Alternative Architectural Design
Reference LDC subsection 5.05.08 F.
Applicability This section establishes a process to request deviations from the architectural and site
design standards in LDC section 5.05.08. Any modification to an approved design requires
re- review and approval by the County Manager or designee.
The buildings and uses which qualify for an administrative deviation are identified in LDC
subsection 5.05.08 F.4
Pre - Application A pre - application meeting may be required as a component of the submittal of the Site
Development Plan, Site Development Plan Amendment, Site Improvement Plan, or Building
Permit application, as applicable.
Initiation The applicant files an "Alternative Architectural Design" application with the Planning &
Zoning Department in conjunction with the associated site plan.
Application In addition to the submittal requirements for Architectural Plans C*See Chapter 4 A. of the
Contents Administrative Code, the application must include the following:
1. Applicant contact information.
2. The project name, zoning, building type, square footage and number of stories of the
buildings to which the Alternative Architectural Design requirements would apply.
3. The plans shall be clearly labeled as "Alternative Architectural Standards Design."
4. The plans must identify the section numbers from the LDC section 5.05.08 from which
the deviation is being requested.
S. A narrative statement that specifically identifies all standards of LDC section 5.05.08
from which the deviations are requested, and the justification for the request. This
statement must also include a description of how the alternative plan accomplishes
the purpose and intent of LDC section 5.05.08, without specifically complying with
those standards identified.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker 1. The County Manger or designee may administratively may approve, approve with
conditions, or deny the request for the Alternative Architectural Design plan(s) and
corresponding site plan, in whole or in part, for a plan meeting the standards of LDC
section 5.05.08.
2. Approved deviations are allowed only as to the specific design and plan reviewed. Any
modification to an approved design shall necessitate re- review and approval by the
County Manager or designee.
3. The County Manager or designee may seek the assistance of the Architectural
Arbitration Board in rendering a decision.
Review Process The County Manager or designee shall review the Alternative Architectural Design plan(s)
and corresponding site plan in accordance with the review criteria identified in LDC
subsection 5.05.08 F.
Appeals Pursuant to LDC subsection 5.05.08 F, the applicant may appeal the administrative decision
to the Architectural Arbitration Board by making a written request to the Planning & Zoning
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G. Automobile Service Station Waiver
Reference
LDC subsection 5.05.05 B, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 U.
Applicability
This establishes a process to waive part or all of the minimum separation
requirements for automobile service station sites from other automobile service
station sites.
Pre - Application
A pre - application meeting is required.
Initiation
The applicant files a "Petition for Waiver from Separation Requirements for
Automobile Service Stations" with the Planning & Zoning Department.
Application
The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including:
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description; and
• Address of subject site.
3. Zoning information, including:
• Current zoning of subject property; and
• Adjacent zoning and land use.
4. The extent of the waiver being requested (in linear feet) from the required
separation.
5. A narrative that describes why the waiver complies with the waiver criteria,
pursuant to LDC section 5.05.05 B.1, and that addresses the factors to be
considered by the Hearing Examiner.
6. A site plan (measuring no larger than 24 in. x 36 in.) along with a conceptual
site plan measuring 8% in. x 11 in., that indicates the following:
• The dimensions of the subject property;
• All vehicular points of ingress and egress and their relationship to the
parking area and site circulation;
• Demonstration of compliance with all requirements of the LDC
including the location of the structures on site, landscaping, off - street
parking, site circulation, architectural design guidelines, and signage;
• The location of all proposed buffer areas and their dimensions; and
• The layout of road(s) on which the proposed station fronts or to which
access is provided, including the type of road(s), the number of lanes,
and the location of intersections and turn lanes, median locations and
median widths, for a 500 foot distance from the subject parcel.
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7. A written market study analysis which justifies a need for the additional
Automobile Service Station in the desired location.
8. Environmental Data Requirements. GSee LDC subsection 3.08.00 A.
9. An Aerial photographs (taken within the previous 12 months at a minimum
scale of 1 in. = 200 ft.), showing FLUFCS Codes, legend, and project boundary.
10. Addressing checklist.
11. Pre - application meeting notes.
1. Newspaper Advertisements: The legal advertisement shall be published at
least 15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing; and
• Description of the proposed land uses.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. c�See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare Staff Report, utilizing the criteria
established in LDC section 5.05.05, to present to the Office of the Hearing Examiner
for a decision.
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12. Warranty Deed.
13. Letter of no objection from the United States Postal Service.
14. Owner /agent affidavit as to the correctness of the application.
15. Electronic copy of all documents.
Completeness and
The Planning & Zoning Department will review the application for completeness.
Processing of
After submission of the completed application packet accompanied with the
Application
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., ASW- PL20120000000)
assigned to the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice
Notification requirements are as follows. q See Chapter 8 of the Administrative
Code for additional notice information.
1. Newspaper Advertisements: The legal advertisement shall be published at
least 15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing; and
• Description of the proposed land uses.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. c�See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare Staff Report, utilizing the criteria
established in LDC section 5.05.05, to present to the Office of the Hearing Examiner
for a decision.
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H. Nonconforming Use Change (NUC)
Reference LDC subsection 9.03.02 D, LDC section 8.10.00 and LDC Public Notice subsection
10.03.06 U.
Applicability This process applies to a request to change a nonconforming use to another
nonconforming use of the same character or a more restricted nonconforming use.
New structures or additions to existing structures shall only be allowed for
permitted or accessory uses on the site.
Pre - Application A pre - application meeting is required.
Initiation The applicant files a "Non- Conforming Use Change (NUC) Petition" with the
Planning & Zoning Department.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including:
• Legal description;
• Property identification number;
• Address of subject property;
• Section, township and range;
• Subdivision name, unit, block and lot number; and
• Size of subject property, in acres.
3. Zoning information, including:
• Current zoning and land use of subject property; and
• Adjacent zoning and land uses.
4. Total number of parking spaces that exist on the site.
S. Proof of ownership or interest in the property, such as a deed or contract to
purchase.
6. If the request proposes a number of possible nonconforming uses, list all of the
proposed nonconforming uses and identify the following for each use:
• Total number of parking required for the proposed nonconforming
use;
• Hours of operation for proposed nonconforming use; and
• Total square footage for the proposed nonconforming use building(s)
and structure(s).
7. If the request proposes a number of possible permitted and /or accessory uses,
list all of the proposed uses and identify the following for each use:
• Total square footage of the new or existing structures for the
permitted and /or accessory uses;
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• Total number of parking required for the permitted and /or accessory
uses; and
• Hours of operation for proposed for the permitted and /or accessory
uses.
8. A narrative statement identifying how the nonconforming use change complies
with the standards in LDC subsection 9.03.02 D., including:
• How the proposed nonconforming use is equally or more appropriate
to the zoning district than the existing nonconforming use;
• The relation of the structure to surrounding properties, showing that
adverse effect(s) on occupants and neighboring properties will not be
greater than if the existing nonconforming use is continued; and
• Any additional information supporting the proposed nonconforming
use change.
9. A copy of the pre - application meeting notes;
10. Aerial photograph(s), taken within the previous 12 months at a minimum scale
of 1 in. = 200 ft., showing FLUCCS codes, legend and project boundaries.
11. A site plan drawn to scale depicting:
• North arrow, date, and scale of drawing;
• Property boundaries and dimensions;
• Current and proposed uses for each structure;
• If permitted or accessory uses are proposed for the site, all setbacks
and building heights shall be identified for any existing structures,
proposed new structures, or proposed additions;
• Parking areas and driveways; and
• Location Map that includes the project location and major roadways in
project vicinity.
12. Notarized owner /agent affidavit as to the correctness of the application.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the
Application required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice Notification requirements are as follows. q See Chapter 8 of the Administrative
Code for additional notice information.
1. Newspaper Advertisements: The legal advertisement shall be published at
least 15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing; and
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• Clear explanation of the nonconforming use change.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether
additional materials are needed. Staff will prepare Staff Report, utilizing the criteria
established in LDC section 9.03.02 D, to present to the Office of the Hearing
Examiner for a decision.
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I. Site Plan with Deviations for Redevelopment Projects ( -DR)
Reference LDC section 10.02.03 F and LDC Public Notice subsection 10.03.06 R.
Applicability A site plan with deviations for redevelopment shall provide a means for a redevelopment
project to seek dimensional deviations, excluding height, architectural deviations, and
deviations from site features, such as but not limited to, landscaping, parking, and buffers,
from the standards established in the LDC when the passing of time has rendered certain
existing buildings, structures or site features nonconforming.
A site plan with deviations may be requested for the redevelopment of a site which meets the
criteria for a site development plan, site development plan amendment or a site improvement
plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan
shall comply with LDC section 10.02.03.
In accordance with LDC section 10.02.03 F, "Redevelopment" shall mean the renovation,
restoration, or remodeling of a building or structure, or required infrastructure, in whole or in
part, where the existing buildings, structures or infrastructure were legally built and installed.
Initiation The applicant files a "Site Plan with Deviations for Redevelopment Application" with the
Planning & Zoning Department.
Pre - Application A pre - application meeting is required.
Application A site plan with deviations application must include the following, in addition to the
Contents Application Contents and Requirements for a site development plan, site development plan
amendment or a site improvement plan. G See Chapter 41.2 —1.4 of the Administrative Code.
Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be signed
and sealed by the applicant's professional engineer licensed to practice in the State
of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall
be signed and sealed by a licensed architect, registered in the State of Florida.
Landscape plans shall be signed and sealed by licensed landscape architect,
registered in State of Florida.
Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum
size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas
affected by the amendment. The sheet must clearly show the change "clouded" and
clearly delineate the area and scope of the work to be done.
The application must include the following:
1. A narrative of the redevelopment project and how it is consistent with the standards for
approval, LDC section 10.02.03 F.8.
2. Description of each requested deviation and justification for each request. Requested
deviations shall be clearly delineated in the petition. The LDC section for which the
deviation seeks relief from shall be identified.
3. Project enhancements to offset or minimize the deviations shall be clearly identified.
Completeness The Planning & Zoning Department will review the application for completeness. After
and Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the petition
is being processed. Accompanying that response will be a receipt for the payment and the
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tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number
should be noted on all future correspondence regarding the petition.
Notice Notification requirements areas follows. <* See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Hearing Examiner hearing.
2. Newspaper Advertisement: At least 15 days before the advertised Hearing Examiner
hearing in a newspaper of general circulation. The legal advertisement shall include:
• Date, time, and location of the hearing;
• Application number and project name;
• 2 in. x 3 in. map of project location;
• Requested deviations and proposed project enhancements; and
• Description of location.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. G See Chapter9 of
the Administrative Code for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Department will review the application and identify whether additional
materials are needed. Staff will prepare Staff Report, utilizing the criteria established in LDC
section 10.02.03 F, to present to the Office of the Hearing Examiner for a decision.
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J. Post Take Plan
Reference LDC subsection 9.03.07 D, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06
S.
Applicability An applicant may request a Post Take Plan in order to mitigate and /or eliminate the
impacts, such as loss of parking, nonconforming setbacks and buffers which exceed the
allowance under LDC sections 9.03.07 and 9.03.07 D.2, resulting from the public acquisition
of a personal property for public purposes.
The Post Take Plan is not a SDP. However, changes requested by the applicant that do not
result from the public acquisition will require an SDPA or SIP. For example, a building
expansion unrelated to public acquisition would result in a SDPA or SIP.
Initiation The applicant files a "Post Take Site Plan Application" with the Planning & Zoning
Department.
Pre - Application A pre - application meeting is required.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Addressing checklist.
3. Electronic copy of all documents.
4. The project name.
S. Pre - application meeting notes.
6. Property information, including:
• Legal description;
• Property identification number;
• Project name;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description; and
• Address of subject site and general location.
7. Zoning Information, including:
• Current zoning and land use of subject property.
8. The name of the existing circuit court case and number, if applicable.
9. Scaled drawing 24 in. x 36 in. in size, with one 8 % in. x 11 in. drawing depicting the
following:
• The name, address and phone number of the consulting firm(s) preparing the
plans;
• The total site acreage for both pre- and post- acquisition condition;
• Legal description;
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• Zoning designation;
• All existing improvements, clearly depicting those affected by the acquisition;
• All proposed mitigating improvements and remedies;
• The exact nature and dimension of any requested deviations;
• The pre- and post- acquisition configuration of the lot or lots; and
• The dimensions from the pre- and post- acquisition property line to all
affected improvements.
10. A narrative description of the pre- and post- acquisition site conditions, noting impacts
and all nonconformities created or exacerbated as a result of the acquisition, and any
proposed mitigation and remedies.
11. A signed and sealed boundary or special purpose survey to ascertain or verify existing
conditions. Pursuant to LDC subsection 9.03.07 D.1, the boundary or special purpose
survey shall be prepared by a surveyor licensed to practice in the State of Florida.
12. The most recent available aerial of the site.
13. Owner /agent affidavit as to the correctness of the application.
14. Once the first set of review comments are posted, the following mailed notice
documents shall be submitted to the assigned planner:
• A list of the names and addresses of property owners to receive the mailed
notice; and
• Draft of the mailed notice letter.
Completeness and The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice 1. Mailed Notice: Written notice shall be sent to property owners in the notification
area within 60 days of the date of the submittal of the application. The mailed notice
shall include the following information:
• List of requested deviations;
• A brief narrative with justification for the deviations; and
• A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 % in. x 11 in.
format.
Additional Notice- If If a written objection is received from an abutting property owner within 30 days from the
Written Objection is date in which the first mailed notice was sent, then the Post Take plan shall go before the
Received Hearing Examiner.
The notice requirements for the public hearing are as follows: q See Chapter 8 of the
Administrative Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
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area at least 15 days before the advertised Hearing Examiner hearing.
• List of requested deviations;
• A brief narrative with justification for the deviations; and
• A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 % in x 11 in.
format.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
• Date, time and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
PUBLICHEARING REQUESTING
PETITION NUMBER:
TO PERMIT:
(Request - Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD AT THE GROWTH
MANAGEMENT DIVISION BUILDING, 2800 N.
HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE
DESIGNATED.
Public Hearing If a written objection has been received from an abutting property owner, then the
Hearing Examiner shall hold at least 1 advertised public hearing.
Decision Maker The County Manager or designee or the Hearing Examiner.
Review Process 1. If a written objection has not been received from a notified property owner within 30
days from the date of the public notice, then the Planning & Zoning Department may
approve the Post Take Plan.
2. If a written objection has been received from a notified property owner, then the
Planning & Zoning Department will prepare a Staff Report to present to the Office of
the Hearing Examiner for a decision.
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K. Vested Rights Determination
Reference q See LDC section 9.02.00.
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Chapter 7. Supplementary Submittal Requirements for Land Use
Applications
The following are supplemental submittal requirements which may be requested for the submission of a land use
application.
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Chapter 7 ISupplementary Submittal Requirements for Land Use Applications
A. Environmental Data Requirements for PUD Zoning and Conditional Uses
Reference LDC section 3.08.00.
Code of Laws Chapter 2, Article VIII, Division 23 (Environmental Advisory Council)
Conservation and Coastal Management Element (CCME) GMP Policy 6.1.8.
Applicability The Environmental Impact Statement (EIS) shall consist of the Environmental Data
Requirements identified in LDC section 3.08.00 and shall be submitted for PUD
Zoning and Conditional Use petitions.
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Pursuant to LDC subsection 3.08.00, the environmental data shall be prepared by
an individual with academic credentials and experience in the area of
environmental sciences or natural resource management. Academic credentials
and experience shall be a bachelor's or higher degree in one of the biological
sciences with at least two years of ecological or biological professional experience
in the State of Florida.
Application
Applicants shall collate and package applicable Environmental Data into a single EIS
Contents
packet, prior to the public hearings and after all applicable staff reviews are
complete. Copies of the Environmental Impact Statement shall be provided to the
County Manager or designee prior to public hearings.
Completeness and
The completeness and processing review of the environmental data shall be
Processing
conducted at the time of the land use petition review.
Notice
N/A
Public Hearing
N/A
Decision maker
N/A
Review Process
The EIS shall consist of previously reviewed environmental data materials. The
County Manager or designee may require additional data or information necessary
to evaluate the project's compliance with LDC and GMP requirements.
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B. Traffic Impact Study (TIS)
Reference LDC section 6.02.03 and Collier County Resolution 2006 -299
CgFor the TIS Guidelines and Procedures, refer to:
http://www.colliergov.net/index.aspx?page=566
Applicability A Traffic Impact Study (TIS) is required for any rezoning, conditional use, or where it
is listed in the Application Contents for a specific process in the Administrative Code
or LDC.
The Planning & Zoning Department may waive the TIS requirement at the pre -
application meeting if it determines that the proposed development's traffic
impacts are not significant.
Application
GSee the TIS Guidelines, referenced above.
Contents
Completeness and
The completeness and processing review of the TIS shall be conducted at the time
Processing
of the land use petition review.
Notice
N/A
Public Hearing
N/A
Decision maker
The County Manager or designee.
Review Process
The Transportation Planning Section shall review the TIS as part of the land use
petition application based on the criteria in the TIS Guidelines and Resolution 2006-
299.
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C. PUD Annual Monitoring Report
9A2
Reference LDC subsection 10.02.13 F.
Applicability This procedure applies to PUDs to ensure that the approved project densities,
intensities, and commitments are consistent with the development's approved
Ordinance and Traffic Impact Study.
Pre - Application A pre - application meeting is not required.
Initiation If the PUD is active, the applicant files a PUD Monitoring report with the Engineering
Department on an annual basis, on or before each anniversary date of the PUD
approval by the BCC.
q See LDC subsection 10.02.13 F.1.a for PUD tracts or parcels that are built out.
q See LDC subsection 10.02.13 F.7 for Traffic Count Monitoring requirements.
Application The monitoring report must include the following:
Contents
1. Applicant contact information.
2. Number of units, by residential type; square footage commercial and other
permitted uses which are approved and complete and any on -site or off -site
commitments completed and approved as of the due date of the monitoring
report.
3. Current PUD master plan showing infrastructure, projects /developments, plats,
parcels, and other pertinent information, including on -site or off -site
commitments.
4. Copies of all required monitoring reports completed in past year (i.e., traffic,
wellfield, etc.).
5. Status of commitments in PUD document, including projected completion dates
if then established.
6. Other information as maybe required by County Manager or designee.
7. Owner /agent affidavit as to the correctness of the application.
Completeness and The Engineering Department tracks the Monitoring Reports submitted in
Processing of Commitment Tracking System, found here:
Application http: / /bccvwebOl /ctsv /projectoverview.aspx.
Updated
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Chapter 7 /Supplementary Submittal Requirements for Land Use Applications
D. Soil Erosion and Sediment Control Plan
Reference LDC section 6.01.05
Applicability A Soil Erosion and Sediment Control Plan is required, for new and existing
development and construction, such as Site Development Plans and Final
Subdivision Plats.
Plan Contents Each plan shall be prepared in accordance with the following standards:
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1. The State of Florida Erosion and Sediment Control Designer and Reviewer
Manual, June 2007.
2. Turbidity values surrounding discharge from projects shall not violate water
quality criteria contained in 62- 302.530(69) Florida Administrative Code.
Completeness and
The Soil Erosion and Sediment Control Plan shall be submitted in conjunction
Processing
with all applicable land use applications.
Notice
No notice is required.
Public Hearing
No public hearing is required.
Decision Maker
The County Manager or designee.
Review Process
The Engineering Services Department shall review the Soil Erosion and Sediment
Control Plan concurrent with all applicable land use applications.
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IMS
Chapter 8. Public Notice
A. Generally
Many land use decisions in the County require public notice to the general community and /or the surrounding
neighborhoods regarding an applicant's development plans. Each Administrative Code section describes the types
of notice required, if any, for a petition or a permit. This section identifies the different types of public notice
procedures and specific information necessary to fulfill the notice requirement.
The following are the types of public notice that may be required:
• Neighborhood Information Meeting (NIM)
• Mailed Written Notice
• Newspaper Advertisement
• Posting of a Sign
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Chapter 8 Public Notice — Generally, Contents, Categories of Notice, and Notice Recipients
B. Neighborhood Information Meeting
Applicability 1. A Neighborhood Informational Meeting ( "NIM ") shall be conducted when:
• The initial staff review and comment on the application has been completed;
and
• At least 15 days before the first public hearing is held, whether it is the
Planning Commission, Hearing Examiner, the BCC, or the BZA.
2. In addition to the above, the following shall also apply for small -scale amendments
and other site - specific comprehensive plan amendments:
• The NIM is required before the Planning Commission transmittal hearing.
• A second NIM is required if the County Manager or designee determines
that a substantial change has occurred to a proposed site - specific
comprehensive plan amendment following the BCC's transmittal hearing.
The applicant must hold the second NIM before the Planning Commission
adoption hearing.
3. If the applicant's petition activity extends beyond 1 year from the date of the first
NIM, a second NIM will be required and shall be noticed in accordance with this
chapter.
Notice The NIM shall be noticed as follows:
Requirements
1. Mailed Notice: Written notice shall be sent to property owners in notification area
at least 15 days before the NIM meeting.
• The applicant shall also provide written notice of the NIM to property
owners, condominium, and civic associations whose members may be
affected by the proposed land use change and who have formally requested
the county to be notified.
2. Newspaper Advertisement: The legal advertisement shall be published at least 15
days before the NIM meeting in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the NIM meeting;
• Petition name, number and applicant contact info;
• Purpose of the NIM meeting;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
Location The applicant must arrange the location of the meeting. The location must be reasonably
convenient to the property owners who receive the required notice. The facilities must
be of sufficient size to accommodate expected attendance.
Conduct of The Collier County staff planner assigned to attend the pre - application meeting, or
Meeting designee, must also attend the NIM and will serve as the facilitator of the meeting.
However, the applicant is expected to make a presentation of how they intend to develop
the subject property. The applicant is required to audio or video tape the proceedings of
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Chapter 8 IPublic Notice — Generally, Contents, Categories of Notice, and Notice Recipients
the meeting and to provide a copy to the Planning & Zoning Department.
The applicant must provide the following at the NIM meeting for review and comment:
• The proposed uses and density of the project;
• The proposed Master Plan; and
• The current LDC zoning district uses and development regulations.
Meeting Follow up 1. After a NIM is completed, the applicant will submit a written summary of the NIM
and any commitments that have been made to the assigned planner. These
commitments will:
• Become part of the record of the proceedings;
• Be included in the staff report for any subsequent review and approval
bodies; and
• Be considered for inclusion in the conditions of approval of any applicable
development order.
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Chapter 8 IPublic Notice — Generally, Contents, Categories of Notice, and Notice Recipients
C. Mailed Notice
Applicability For applicable land use petitions, a mailed notice shall be as follows.
Notice Mailed written notices shall be sent by regular mail to property owners in the notification
Requirements area listed below. Names and addresses of property owners shall be those listed on the
latest ad valorem tax rolls of the County. The County must send mailed notice at least 15
days before the hearing for all applications, except as identified in the Administrative
Code.
The applicant must provide a copy of the list of all parties noticed by the required
notification deadline to the Planning & Zoning Department staff.
The written notice must include:
• Date, time, and location of the NIM meeting or public hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
For a conditional use, rezoning, PUD, PUD extension, or variance, the notice must also
include:
• A clear description of the proposed land uses;
• A clear description of the 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;
• A clear description of the institutional or recreational uses when part of the
development strategy; and
• The substance of the proposed ordinance or resolution (rezoning only).
For a site plan with deviations for redevelopment projects, the notice must also include:
• The type of deviation sought.
The clerk to the BCC will make a copy of all notices available for public inspection during
the regular business hours.
Recipients of Property owners in notification area are described below and shall be based on the latest
Mailed Written tax rolls of Collier County and any other persons or entities who have formally requested
Notice notification from the County:
4 Urban
The notification area includes:
designated area
1. All property owners within 500 feet of the property lines of the
of the future land
subject property.
use element of
2. If any of the land in the area listed in paragraph 1 is owned by
the growth
the same person or entity who owns the subject property, the
management
500 foot distance is measured from the boundaries of the entire
plan
ownership or PUD.
3. The maximum notification area is Y, mile (2,640 feet) from the
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subject property.
4 All other areas The notification area includes:
1. All property owners within 1,000 feet of the property lines of
the subject property.
2. If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property, the
1,000 foot distance is measured from the boundaries of the
entire ownership or PUD.
3. The maximum notification area is % mile (2,640 feet) from the
subject property.
4Associations Notification shall also be sent to property owners and 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 shall be provided and
maintained by the County, but the applicant must bear the
responsibility of insuring all parties are notified.
Updated
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Chapter 8 IPublic Notice — Generally, Contents, Categories of Notice, and Notice Recipients
D. Newspaper Advertisement
Applicability For applicable land use petitions, the legal newspaper advertisement shall be as follows.
A copy of the newspaper advertisement shall be kept available for public inspection
during regular business hours of the Office of Clerk to the Board of County
Commissioners. The notice of proposed enactment shall include where the proposed
ordinance or resolution may be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard with respect to the proposed
ordinance or resolution.
Placement and The legal newspaper advertisement shall be published at least 15 days before each
Content advertised public hearing in a newspaper of general circulation. The advertisement shall
include at a minimum:
• Date, time, and location of the hearing;
• Petition name, number and applicant contact info;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location, as applicable.
Updated
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E. Posting of a Sign
Applicability For applicable land use petitions, the posting of a sign shall be as follows.
Timing The sign shall be posted at least 15 days before the Hearing Examiner, Planning
Commission, or the BCC acting as the BZA hearing.
Sign Requirements The sign copy must occupy the total area of the sign. The requirements for the size,
location, and proof of posting and removal of the sign are as follows:
1. Properties < 1 acre: The sign shall measure at least 1 and % square feet in area.
The sign is erected by the Planning & Zoning Department on behalf of the
applicant.
2. Properties > 1 acre: The sign shall measure at least 32 square feet in area. The
sign is erected by the applicant. At least 1 sign is placed on each external
boundary that fronts a street. If the external boundaries along a street exceed
1,320 linear feet, signs are placed equidistant from one another with a maximum
spacing of 1,000 linear feet. However, the number of signs along an exterior
boundary fronting a street cannot exceed 4 signs.
3. All properties:
• The sign must be located in full view of the public on each street side of the
subject property.
• Where the subject property is landlocked or for some other reason the signs
cannot be posted directly on the subject property, then the sign or signs are
erected along the nearest street right -of -way, with an attached notation
indicating generally the distance and direction to the subject property.
• The applicant must provide evidence to the Planning & Zoning Department
that the sign(s) were erected by furnishing photographs of the sign(s) that
show the date of their erection at least 10 days before the scheduled public
hearing.
Removal of Sign The signs shall remain in place until any of the following occur:
1. Final action is taken on the application, or
2. The Planning & Zoning Department receives written notification that the applicant is
withdrawing or indefinitely continuing the application.
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Chapter 9 lOffice of the Hearing Examiner
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Chapter 9. Office of the Hearing Examiner - Procedures
Reference LDC section 8.10.00, Code of Laws and Ordinances section 2 -83 through 2 -90, and
Ordinance No. 2013 -25.
Applicability The Hearing Examiner hears and makes final decisions pursuant to the Code of
Laws and Ordinances section 2 -83 through 2 -90 and Ordinance No. 2013 -25.
A minor conditional use is one which does not require environmental review
under Section 2 -1191 et seq. of the Code of Laws and Ordinances and which is not
a case of great public interest or concern as determined in the discretion of the
Hearing Examiner or as requested by a member of the Board of County
Commissioners.
If the Hearing Examiner recuses, disqualifies himself or herself, or does not
otherwise hear a particular case where the Hearing Examiner makes the final
decision, these cases shall be heard by the Planning Commission in an advisory
capacity and then forwarded to the Board of County Commissioners for the final
decision.
Assignment Once the application is submitted to the County and deemed complete pursuant
to Chapters 1 through 7 of the Administrative Code, as applicable, the following
petitions shall be assigned to the Hearing Examiner:
1. Administrative Type III Appeal.
2. Alcohol Distance Waiver.
3. Appeal of an Official Interpretation of the LDC.
4. Automobile Service Station Waiver.
5. Boat Dock Facility Extension, including Boat Lift Canopy Deviations.
6. Minor Conditional Use.
7. Minor Conditional Use Re- Review.
8. Minor Conditional Use Extension.
9. Non - Conforming Use Change and Non - Conforming Use Alteration.
10. Parking Exemption with a Public Hearing.
11. Post Take Plan, if applicable.
12. PUD Extension.
13. PUD Insubstantial Change.
14. PUD Minor Change to Remove an Affordable Housing Contribution.
15. Sign Variance.
16. Site Plan with Deviations for Redevelopment Projects.
17. Variance.
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'
Chapter 9 1 Office of the Hearing Examiner
18. Zoning Verification Letter — PUD Comparable Use Determination.
Hearing Examiner Upon completion of the staff report by the assigned planner pursuant to Chapters
Review 1 through 7 of the Administrative Code, as applicable, five copies of the staff
report and application materials shall be forwarded to the Hearing Examiner for all
matters assigned to the Hearing Examiner.
Pre - Hearing The Hearing Examiner may have ex parte communications with any party or
Conference person.
Motions for Unless good cause is shown, all motions for disqualification of the Hearing
Disqualification Examiner shall be filed no later than ten (10) working days prior to the scheduled
public hearing before the Hearing Examiner. The motion shall be accompanied by
an affidavit stating particular grounds, which shall be limited to those for which a
judge may be disqualified. The affidavit must state facts sufficient to show that the
movant has a well- founded fear that the movant will not receive a fair and
impartial hearing. Unless denied as untimely, the motion shall be ruled on by the
Hearing Examiner before whom the case is pending. If the motion and affidavit are
found legally sufficient, the Hearing Examiner shall disqualify himself or herself,
after which the matter will be set for hearing as provided for in the Land
Development Code for such particular action. The Hearing Examiner may also
recuse or disqualify himself or herself at any time in accordance with Ord. 2013-
25.
Notice Public notice is required for all Hearing Examiner hearings.
Ga See the specific Administrative Code section for the public notice requirements
necessary for the petition.
q See Chapter 8 of the Administrative Code for additional notice information.
Public Hearing — The participants before the Hearing Examiner shall be the applicant, County staff,
Participants County agencies, proponents and opponents, inclusive of the public, and
witnesses with relevant testimony. The proponent shall be defined as a participant
in favor of the application, exclusive of the applicant; whereas, the opponent shall
be defined as a participant against the application. Both definitions are inclusive of
the public and any other parties of record. All participants will testify under oath.
Public Hearing — 1. Due Process. For hearings, basic due process requires that the parties have
Rules of Procedure notice of the hearing and an opportunity to be heard. Parties must be able to
present evidence and be informed of all the facts upon which the County acts.
The term "parties" to any proceeding are the Applicant and the County (or
their representatives) and does not include public participants or their
representatives.
2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be
excluded. Any part of the evidence may be received in written form, and all
testimony shall be under oath. Hearsay evidence may be used for the purpose
of supplementing or explaining other evidence but it shall not be sufficient, in
itself, to support a finding by the Hearing Examiner unless it would be
admissible over objections in a civil action.
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Chapter 9 Office of the Hearing Examiner
3.
Application of rules. The Hearing Examiner is responsible for ensuring these
rules are applied equally and consistently to all evidence and testimony
presented by the parties and public participants.
4.
Burden of Proof. The applicant has the burden of proof to show by competent
and substantial evidence that the proposed request conforms to the LDC and
the GMP.
S.
Expert Witness. A witness may be qualified by the Hearing Examiner as an
expert through specialized knowledge, training, experience or education,
which is not limited to academic, scientific or technical knowledge.
Public Hearing — 1.
Hearings will be conducted in an informal but courteous and professional
Order of
manner. To the extent possible and at the Hearing Examiner's discretion, the
Proceedings
order of proceedings will be as follows:
• Hearing Examiner's explanation of rights and responsibilities of all
interested persons as well as an explanation of future proceedings
that may occur in relation to the matter to be heard.
• The announcement of the matter to be heard and if applicable,
Hearing Examiner discloses all ex parte communications.
• Presentation of request or appeal by applicant, appellant, or
representative.
• Presentation of County's position.
• Public participation and comment.
• Rebuttal and closing statement by applicant, appellant or
representative. Rebuttal testimony may not be used to provide new
information.
2.
Questioning shall be confined as closely as possible to the scope of direct
testimony. The Hearing Examiner may call and question witnesses as he or
she deems necessary and appropriate. The Hearing Examiner shall decide all
questions of procedure and will raise questions and provide comments at
anytime during the hearing.
Public Hearing — The Hearing Examiner shall not be limited to the evidence presented by Applicant
Matters to be or County at the hearing. The Hearing Examiner may consider any additional
considered by the relevant evidence including, but not limited to, any of the following:
Hearing Examiner
1.
The history of the subject parcel.
2.
Applicable regulations and development standards promulgated.
3.
Applicable goals, objectives, and policies contained in the Comprehensive
Plan.
4.
Reports and recommendations filed by reviewing agencies.
S.
Physical characteristics of the subject parcel and surrounding lands.
6.
Impact on the surrounding transportation network.
7.
Availability and capacity of public services.
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Chapter 9 1Office of the Hearing Examiner
8. Nature of and impacts on surrounding land use.
9. Environmental impact of the proposed development activity.
10. Application of criteria in LDC relating to the requested petition.
11. Site visit.
All such additional relevant evidence shall be made part of the record at the
hearing.
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Public Hearing —
1. The decision of the Hearing Examiner shall be in writing and include:
Findings and
Decision of the
Summary of proposed development activity and the evidence
Hearing Examiner
presented.
• Findings of fact and conclusions of law, including compliance or
noncompliance of the proposed development activity with applicable
provisions of the Growth Management Plan (GMP) and the Land
Development Code (LDC).
• A decision to grant, grant with conditions or deny the application
with reasons therefore specified, including any recommended
conditions.
2. Persons wishing to receive a copy of the decision by mail may supply County
staff with their name, address and a stamped, self- addressed envelope for
that purpose.
Public Hearing —
1. A verbatim transcript of all public hearings before the Hearing Examiner shall
Record of hearing
be recorded by the Clerk of the Board and also transcribed by an official court
before the Hearing
reporter. Any person may request and obtain a transcript of the record from
Examiner
the court reporter at their own expense.
2. The record of the hearing before the Hearing Examiner shall consist of:
• The application and accompanying documents.
• Staff reports and recommendations.
• All exhibits and documentary evidence.
• The decision of the Hearing Examiner.
• Verbatim transcript of the proceedings.
Public Hearing —
Decisions shall be filed with the Clerk to the Board of County Commissioners.
Decisions to be
Filed
Public Hearing —
A copy of the decision of the Hearing Examiner is required to be filed with the
Decision of the
Clerk of the Board within 30 working days after the conclusion of the public
Hearing Examiner
hearing before the Hearing Examiner. The Hearing Examiner will deliver all
decisions by electronic mail or regular mail.
Public Hearing — Decisions of the Hearing Examiner shall be noted for information purposes on the
Decisions to zoning map for variances, conditional uses, and boat dock extensions.
Notated on Zoning
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Chapter 9 Office of the Hearing Examiner
Map
Public Hearing — 1. On motion by a party, the Hearing Examiner may grant a rehearing on an
Reconsideration of application for the following reasons:
matter by the
Hearing Examiner • Mistake, inadvertence or excusable neglect;
• Newly discovered evidence which by due diligence could not have
been discovered in time for the original hearing; or
• Fraud, misrepresentation or other misconduct of an adverse party.
2. The motion for reconsideration by a party shall be made prior to the deadline
for filing an appeal. The filing of such a motion tolls the time for filing an
appeal. The time for filing an appeal shall begin anew in full upon the Hearing
Examiner's denial of such a motion.
Public Hearing — Continuance(s) of the public hearing shall be permitted for good cause as
Continuance(s) determined by the Hearing Examiner. If the continuance of the public hearing is to
a specific date and time, then re- advertisement of the hearing shall not be
required.
Public Hearing —
1. Within 30 days after the Hearing Examiner's written determination has been
Appeal of the
rendered, either the County or the landowner may appeal the determination
Decision by the
to the Board of County Commissioners. Any additional fee for a landowner -
Hearing Examiner
initiated appeal must accompany the appeal. At the public hearing, the Board
of County Commissioners will review the record created by the Hearing
Examiner's proceedings, but the Board may by majority vote accept evidence
not presented to the Hearing Examiner.
2. The Board of County Commissioners may:
• Affirm the Hearing Examiner's determination, with or without
modifications or conditions; or
Reject the Hearing Examiner's determination, except that the Board
may not modify the determination or impose conditions, or reject
the Hearing Examiner's determination unless the Board expressly
finds that one or more of the Hearing Examiner's findings of fact or
conclusions of law is not supported by competent substantial
evidence in the official record, or that the Hearing Examiner's
determination otherwise specifically failed to properly apply one or
more of the criterion in the LDC or GMP.
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Chapter 10. Where to Find Current Information
This Administrative Code references a number of documents that are important to the development process. All
of these documents are available at the Planning & Zoning Department offices, or online at the references listed
below. These documents include:
Document
Description
Reference
Collier County Growth Management
The GMP establishes the County's official
Online at
Plan ( "GMP ")
policies for land development. All land
http: / /www.colliergov.net/
development regulations and permits must
Index.aspx ?page =257
be consistent with the GMP.
can download forms at
Collier County Land Development
The LDC includes the regulations that
Online at
Code (LDC)
implement the GMP. The processes in the
http: / /library.municode.co
Growth Management Division (GMD)
Administrative Code are based on the LDC.
m /index.aspx ?clientld =139
Fee Schedule (September 23, 2008)
pay when filing an application under the
92 &stateld= 9 &stateNa me=
Administrative Code. The fees offset the
Florida
cost of administering the LDC. The County
(see discussion below)
Zoning Map The Zoning Map shows the boundaries of Online at
the County's zoning districts. http: / /www.colliergov.net/
ftp /GraphicApps /Maps /Col
I ier_Cou nty_Base_map.ht
m
Code of Laws and Ordinances of The Code of Laws consolidates the County's Online at
Collier County, Florida ( "Code of laws — its general and permanent http: / /Iibrary.municode.co
Laws ") ordinances. Several provisions of the Code m /index.aspx ?clientld =105
of Laws are implemented by procedures in 78 &stateld= 9 &stateName=
the Administrative Code. Florida
Florida Statutes These include the state constitution and Online at
state laws. The Administrative Code http: / /www.leg.state.fl.us/
includes various references to the state Statutes /index.cfm
statutes.
Planning & Zoning Department
This includes background information,
Online at
website
applications, contacts, and other
http: / /www.colliergov.net/
information relating to land development in
Index.aspx ?page =128. You
Collier County.
can download forms at
http://www.colliergov.net/
index.aspx ?page =3384
Growth Management Division (GMD)
These are the fees that an applicant must
Online at
Fee Schedule (September 23, 2008)
pay when filing an application under the
http: / /www.colliergov.net/
Administrative Code. The fees offset the
index.aspx ?page =128
cost of administering the LDC. The County
Applicants should check
will not accept an application unless the
the website before filing an
required fee is paid.
application, because the
fees change from time to
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thapter 10 Where to Find Current Information
time.
The Land Development Code (LDC) is codified on the Municipal Code Corporation's website at
www.municode.com. Click "Online Library," then click "Florida," then click "Collier County," and then click the
"Collier County Land Development Code." The codified ordinance may not be current. To find ordinances that
have amended the LDC since its most recent codification, go the Collier County Clerk's website at
http:// www. collierclerk. com/ ClerkToTheBoard /MinutesandRecords — click "Board Minutes and Records," then
"Accept," and then click "BMR," "Boards, Minutes and Records," then "BMR Validated Ordinances." Members of
the general public may find it difficult to search through the minutes to locate an LDC provision they are interested
in. A member of the Planning & Zoning Department staff can assist you with finding the most current ordinances
that affect development in your neighborhood or of your property.
Printed copies of the LDC, Growth Management Plan, and forms are available for purchase at the Growth
Management Division building, located at 2800 N. Horseshoe Drive, Naples, FL.
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Chapter 11. Contact Information
Contact information is available on the County website. When an application is filed with the Planning & Zoning
Department the appropriate staff member is assigned to the application. Staff will conduct a Completeness and
Processing and will contact the applicant about whether the filing is in order. The applicant can contact the
assigned staff member throughout the various steps of each process.
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Chapter 12. Acronyms
A— Rural Agricultural Zoning District
ACOE — Army Corps of Engineers
ACP —Agricultural Clearing Permit
ACSC — Area of Critical State Concern
ADT—Average Daily Trips
ASI —Area of Significant Influence
BCC — Board of Collier County Commissioners
BD — Boat Dock Petition
BMUD — Bayshore Drive Mixed Used District
BP— Business Park District
BZA — Board of Zoning Appeals
C- 1— Commercial Professional General Office District
C -2 — Commercial Convenience District
C -3 — Commercial Intermediate District
C -4 — General Commercial District
C -5 — Heavy Commercial District
CCME —Conservation and Coastal Management
Element
CCPC — Collier County Planning Commission
CCSL(P) — Coastal Construction Setback Line (Permit)
CDD — Community Development District
CEB —Code Enforcement Board
CF— Community Facility
CIE — Capital Improvement Element
CIP —Capital Improvement Program
CMO — Corridor Management Overlay
C.O. — Certificate of Occupancy
CON — Conservation Zoning District
CRD —Compact Rural Development
CSP — Conceptual Site Plan
CU —Conditional Use
DBH — Diameter at Breast Height
DEO — Department of Economic Opportunity
D.O. — Development Order
DRI — Development of Regional Impact
DSWT — Dry Season Water Table
E — Estates Zoning District
EAC— Environmental Advisory Council
EIS —Environmental Impact Statement
EPA — Environmental Protection Agency
EXP —Excavation Permit
FAC— Florida Administrative Code
FDEP —Florida Department of Environmental
Protection
FDOT — Florida Department of Transportation
FFWCC — Florida Fish & Wildlife Conservation
Commission
FIAM — Financial Impact Analysis Module
9 A 2
FIHS— Florida Interstate Highway System
FLUCFCS - Land Use Cover and Forms Classification
System
FLUE — Future Land Use Element
FLUM — Future Land Use Map
FP —Final Plat
FS— Florida Statutes
FSA— Flow way Stewardship Area
GC —Golf Course
GGAMP — Golden Gate Area Master Plan
GGPPOCO — Golden Gate Pkwy Professional
OfficeCommercial Overlay District
GMP —Growth Management Plan
GPCD —Gallons Per Capita per Day
GT — Gopher Tortoise
GWP — Ground Water Protection Zone
GZO — Goodland Zoning Overlay
HSA — Habitat Stewardship Area
I — Industrial Zoning District
ICBSD — Immokalee Central Business Subdistrict
LDC — Land Development Code
LOS — Level of Service
LPA— Local Planning Agency
LSPA — Littoral Shelf Planting Area
M /F— Multi- family Use or Zoning
MH — Mobile Home
MHO — Mobile Home Overlay
MLW — Mean Low Water
MPP — Manatee Protection Plan
NBMO — North Belle Meade Overlay
NC — Neighborhood Commercial District
NRPA — Natural Resource Protection Area
O.C. — On Center
P — Public Use District
PPL — Plans and Plat
PSI — Pounds Per Square Inch
PSP —Preliminary Subdivision Plat
PUD — Planned Unit Development
RSF — Residential Single - Family Districts
RCW — Red Cockaded Woodpecker
RFMU — Rural Fringe Mixed Use District
RLS — Request for Legal Service
RLSA(0) — Rural Lands Stewardship Area (Overlay)
RMF —Residential Multi - Family Districts
RNC —Residential Neighborhood Commercial
Subdistrict
R.O.W. — Right of Way
RSF — Residential Single - Family
SBCO —Santa Barbara Commercial Overlay District
SBR —School Board Review
SDP —Site Development Plan
S /F— Single Family Use /Zoning
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 12 / Acronyms
SFWMD — South Florida Water Management District
SIP —Site Improvement Plan
SLR —Sound Level Reduction
SRA —Stewardship Receiving Area
SSA — Stewardship Sending Area
ST— Special Treatment Zoning Overlay
ST -NAR — Special Treatment - Natural Aquifer
Recharge
SWFRPC —Southwest Florida Regional Planning
Council
TCEA —Transportation Concurrency Exception Areas
TCMA —Transportation Concurrency Management
Areas
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TDR —Transfer of Development Rights
TP— Turtle Permit
TTRVC —Travel Trailer Recreational Vehicle
Campground
USFWS — United States Fish & Wildlife Service
VOB — Vehicle on the Beach Permit
VR — Village Residential Zoning District
VRP —Vegetation Removal Permit
VRSFP —Vegetation Removal & Site Fill Permit
W —Waterfront District
WRA — Water Retention Area (within RLSA)
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Chapter 13. Glossary
Addressing
An addressing checklist is a form that must be signed by a member of the Addressing Staff.
Checklist
This form indicates the petition type, the legal description, folio /property identification
number, the street address, location information, and a survey for unplatted properties. The
addressing checklist form can be found on the Collier County website, on the Zoning and
Land Use Application page.
Applicant
A person or entity who files an application with the Growth Management Division, including
their representative or agent.
Applicant Contact
The applicant contact information should include, but not limited to the following:
Information
. Applicant /owner or agent's:
• Name;
• Address;
• Phone number;
• Email address; and
• The name of the firm where the agent is employed, if applicable.
Architect
A natural person who is licensed under F.S. Chapter 481, Part I to engage in the practice of
architecture.
Engineer
A person who is licensed to engage in the practice of engineering under F.S. Chapter 471, and
who practices principally in the design and construction of public works or infrastructure.
Collier County
The general codification of the general and permanent ordinances of Collier County, Florida.
Code of Laws &
The Code of Laws and Ordinances is available online at www.municode.com.
Ordinances
Electronic Copies
An electronic version of all plans and documents, in PDF or Word format, on a CDROM as part
of all Documents
of the submittal package.
Landscape
A person who holds a license to practice landscape architecture in the State of Florida under
Architect
the authority of F.S. Chapter 481, Part 11.
Land
The Collier County Land Development Code 2004 -41. The LDC is available online at
Development
www.municode.com.
Code (LDC)
Mailed Notice
q See LDC section 10.03.05 B.
q See LDC section 10.03.05 A.
NIM
q See LDCsection 10.03.05 C.
Newspaper
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'Collier County Land Development Code Administrative Procedures Manual
Chapter 13 / Glossary 9 A 2
Advertisement
Official Zoning The map that shows the location and boundaries of the zoning districts established by the
Atlas LDC section 2.02.01.
Planner A person who is certified by the American Institute of Certified Planners (AICP).
Proof of A copy of the recorded deed, contract for sale or agreement for sale, or a notarized
Ownership statement of owr ership clearly demonstrating ownership and control of the subject lot or
parcel of land. The application shall also present a notarized letter of authorization from the
property owner(s) designating the applicant as the agent acting on behalf of the owner(s).
Property The folio number that identifies a property or the parcels that are assigned by the Collier
Identification County Property Appraiser.
Number
Property Owner The owner of the property that is subject to an application for development approval, or the
designated agent or attorney.
Property Owners Persons or entities who own property in the area that are subject to a mailed written notice
in the Notification of a hearing, pursuant to LDC subsection 10.03.05 B., q See Chapter 8 of the Administrative
Area Code for additional information.
PUD Ordinance The following list of documents and materials shall be provided for the following land use
and Development applications, including, but not limited to: SDPs, SDPAs, PPLs, and PUDAs. The Planning &
Commitment Zoning Department shall review the PUD materials concurrent with all applicable land use
Information applications.
1. PUD ordinance and any amendments.
2. A copy of the latest approved agreements.
3. An itemized list of all commitments identified within the agreement /ordinance and a
corresponding detailed status report of the commitments.
4. Notarized affidavit from the owner /authorized agent that certifies all commitments
within the agreements or PUD are compliant or not applicable at this time, or that work
identified in the application being submitted fulfills the outstanding commitments.
S. An up to date site drawing illustrating (except for DRIB):
• All on -site and off -site infrastructure identified as a commitments which have
beer completed or are pending such as turn lanes, entrance lighting
signalization, right -of -way dedication, water management, well fields,
conservation easements, sidewalks, interconnections, etc.
• Other information as may be required by the County Manager or designee that
is consistent with the monitoring of agreements and PUD ordinances.
Sign q See LDC section 10. 03.05 D.
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Chapter 14. Appendices
Appendix A.
The following is a flow chart indentifying the State, Regional and Local Review Procedure.
Developirueut of Regiomil Impact (DRI) Procedure
`F,S. section 380.05
Contact Regional Planning Council IRPty
ation meeting with RPC
File appiicationwith Department at Economic Opportunity (DEO),
Planning and_ Zoning Department and the RPC
30 Days Maximum 116 Applicants ti
DRl Public Hearing
30 Days Maximus
45 -day Appeal period begins once D.O. is I
rendered to DEO.
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co ler county
Growth Management Division
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Caroline Cilek, Senior Planner, M.S., CFM
Growth Management Division,
Operations and Regulatory Management
LDC Amendment Request
ORIGIN: Board Directed
AUTHOR: Growth Management Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: Administrative Code LDC amendments
Contents
Contents...................................................................................................... ..............................2
Chapter 1. General Provisions ................................................................... ..............................9
1.06.01:
1.06.01 Responsibility for Interpretations .................................................................. ..............................9
Chapter 2. Zoning Districts and Uses ....................................................... .............................13
2.03.01 Agricultural Districts ...................................................................................... .............................13
2.03.06 Planned Unit Development Districts ............................................................. .............................14
Chapter 3. Resource Protection ................................................................ .............................15
3.02.10 Standards for Subdivision Plats ..................................................................... .............................15
3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation ..........................16
3.05.03 Procedures for a Vegetation Removal Permit .............................................. .............................17
3.05.07 Preservation Standards ................................................................................. .............................17
3.08.00 Environmental Data Requirements ............................................................... .............................18
Chapter 4. Site Design and Development Standards .............................. .............................25
4.03.01 Generally ....................................................................................................... .............................25
4.03.03 Subdivision Exemptions ................................................................................. .............................27
4.03.04 Lot Line Adjustments and Lot Split ................................................................ .............................31
4.05.04 Parking Space Requirements ......................................................................... .............................32
4.07.02 Design Requirements .................................................................................... .............................33
Chapter 5. Supplemental Standards ......................................................... .............................35
5.03.06 Dock Facilities ................................................................................................ .............................35
5.04.01 Temporary Use Permits ................................................................................. .............................36
5.04.05 Temporary Events ......................................................................................... .............................37
5.04.08 PResefveQ Film Permit .................................................................................. .............................37
5.05.01 Businesses Serving Alcoholic Beverages ....................................................... .............................39
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5.05.05 Automobile Service Stations ......................................................................... .............................40
5.05.08 Architectural and Site Design Standards ....................................................... .............................42
5.06.02 Development Standards for Signs within Residential Districts ..................... .............................44
5.06.04 Development Standards for Signs in Nonresidential Districts ...................... .............................44
5.06.11 Permit Application and Review Process for Signs ......................................... .............................45
Chapter 6. Infrastructure Improvements and Adequate Public Facilities Requirements ... 49
6.01.02 Easements ..................................................................................................... .............................49
6.01.05 Soil Erosion and Sediment Control Plan ........................................................ .............................50
6.02.01 Generally ....................................................................................................... .............................51
6.02.03 Transportation Level of Service Requirements ............................................. .............................52
6.04.03 Fire Hydrants ................................................................................................. .............................53
6.05.01 Water Management Requirements .............................................................. .............................54
6.06.01 Street System Requirements ......................................................................... .............................57
6.06.02 Sidewalks, Bike Lane and Pathway Requirements ........................................ .............................58
Chapter 9. Variations from Code Requirements ...................................... .............................61
9.02.06 Required Notices for Vested Rights Determination Process, Including Public Hearings ........... 61
9.03.07 Nonconformities Created or Increased by Public Acquisition ...................... .............................62
......65
Chapter 10. Application, Review, and Decision - Making Procedures ..... .............................67
10.01.02 Development Orders Required ................................................................... .............................67
10.02.02 Infrastructure Standards and County Inspections Submittal Requiremen`sc,,. All Applications
.................................................................................................................................. ............................... 69
10.02.03 Submittal Requirements for Site Development, Site Improvement Plans and Amendments
thereof........................................................................................................................ .............................84
10.02.04 Stea.' Requirements for Preliminary and Final Subdivision Plats ........ ............................105
10.02.05 Construction, approval, and acceptance of required improvements Submittal Requirements
forImprovement Plan ............................................................... ............................... ............................131
10.02.06 Submittal Requirements for Permits ........................... ............................... ............................157
10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy ........ ............................174
10.02.08 Submittal Requirements for Amendments to the Official Zoning Atlas aad 686 ..................193
10.02.09 Submittal Requirements for Text Amendments to the LDC ...................... ............................200
10.02.13 Planned Unit Development (PUD) Procedures ........... ............................... ............................201
10.02.15 Requirements for Mixed Use Projects °,•-^�edWFes within the Bayshore Gateway Triangle
RedevelopmentArea .................................................................. ............................... ............................217
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10.03.05 Required Methods of Providing Public: Notice
Preyryatien °"„ ....................... ............................... ............................221
10.03.06 Public Notice and Required Hearings for Land Use Petitions ................... ............................238
10.08.00 Conditional Uses Procedures ...................................... ............................... ............................244
Amend the LDC as follows:
CHANGE: It is proposed the Land Development Code (LDC) be amended to remove many of
the submittal requirements related to the use and development of land and move it to a new
Administrative Code. The information to be relocated to the Administrative Code is more
administrative in nature. The LDC amendment ordinance will also contain an "inadvertently
omitted" clause to ensure that if any provisions are accidently omitted during this process they
will remain in force.
The goal of the 2013 Administrative Code adoption is to create a "core" Administrative Code,
with future additions and amendments proposed as necessary. It is important to note that
procedures specific to the Rural Fringe Mixed Use District, the Stewardship Sending Areas and
Stewardship Receiving Areas, among others, are not included within the "core" Administrative
Code. There are other applications related to land use, such as those contained in the Code of
Laws and Ordinances, which are also not addressed in the initial version of Administrative Code
Changes to the Land Development Code
During the process of creating the Administrative Code, conflicts, inconsistencies, and other
issues arose. This led to the relocation and consolidation of provisions. Other changes are
recommended by County Staff to provide a more consistent approach to the numerous processes
within the County. The following list provides an overview of the LDC amendment types:
LDC amendments, proposed to improve consistency. Several LDC amendments were
included within the document to provide procedural consistency. For example, the
amendment establishes a "15 day prior" provision for all public notice requirements. This
means that newspaper advertisements, mailed notices, signage, and neighborhood
information meetings (and their corresponding mailed notices) shall be sent, advertised,
or posted 15 days prior to the required public hearing. This streamlines the process and
eliminates a wide variety of time frames currently in the LDC, such as "at least 7 days
prior to, but not later than 5 days before," which is the current requirement for a legal
advertisement for a neighborhood information meeting.
2. The relocation of LDC sections. LDC sections were relocated to address several issues.
First, as submittal requirements were relocated to the Administrative Code, particularly
those in Chapter 10, many sections were left with little content or substance. These
provisions were relocated to the primary LDC section, where the criteria are established,
for ease of use and consolidation of related provisions. Second, conflicts were identified
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between some sections in which language was similar, but not identical. The most
restrictive provisions were retained and language was merged. Third, a few sections were
relocated because they were incorrectly placed, such as the rezoning provisions under
LDC section 10.03.05, the Notice Requirements section. Often, provisions were moved to
sections where they had previously resided.
3. General updates to terms. Updates to common terms and phrases were made throughout
the amendment, for example, the phrase "County Manager or his designee" was replaced
with "County Manager or designee" and the term "LDC" replaces the term "Code." The
later is to prevent confusion with the new Administrative Code and other adopted county
codes.
4. Rewritten LDC sections. Several LDC sections were rewritten due a lack of continuity
and because they were out of date. Often the review, approval, and order of work were no
longer current. Importantly, the revised sections retain the intent of the LDC and reflect
current procedures and requirements. The following sections were rewritten:
• 10.02.04 Requirements for Preliminary Final Subdivision Plats (revised title);
• 10.02.05 Construction, approval, and acceptance of required improvements (revised
title);
• 10.02.07 C Requirements for Certificates of Public Facility Adequacy; and
• 10.03.05 Required Methods of Providing Public Notice, which now includes 10.03.06
Public Notice and Required Hearings for Land Use Petitions (new section)
5. Proposed additions and other language changes. The following are proposed additions or
deletions from the LDC amendment.
• A new section for conditional use re- review, LDC section 10.08.00 G. This is an
existing process that is not codified. The proposed language will allow for an
applicant to request a re- review if stipulations were included in the approval of the
conditional use.
• New sections for a Minor Final Plan and Construction Plans, both current
applications that are not codified.
• Including a "good faith clause" for public notice, LDC section 10.03.05 B. This
identifies that given a good faith effort, a mailed written notice is a courtesy and the
failure to mail or to timely mail the notice or failure of an affected property owner to
receive the mailed notice does not constitute a defect in the petition and the public
hearing may proceed. This provision is included in other jurisdictions, such as Lee
County.
• Removed language requiring base flood elevations to be identified on final
subdivision plats, LDC sections 3.02. 10 EA and 10.02.04 B.5.xiii. It is proposed
these provisions are deleted because identifying base flood elevations is not a state
requirement and because base flood elevations are subject to change. Including this
information on final subdivision plats creates confusion and possible conflicts.
• Included language that identifies time frames for the completion, for example: lot line
adjustments, site development plan amendments, and site improvement plans. These
additions provide clarity and removes potential conflicts.
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• A new section for Zoning Verification Letters, LDC section 10.02.06 J. This section
proposes to expand a current process for zoning verification to include Zoning
Verification Letters for Non - Residential Farm Building Exemptions and Comparable
Use Determination for Planned Unit Developments.
• Included the Office of the Hearing Examiner provisions.
Public Vetting
The proposed LDC amendment was vetted by the Development Services Advisory Committee -
Land Development Review (DSAC -LDR) subcommittee. Four meetings were held to discuss
and review the Administrative Code and related LDC amendments. The DSAC -LDR meetings
began in January 2013 and extended into July 2013. The meetings were attended by members of
the development community, including members of the Collier Building Industry Association,
local land use planning consultants, and the Conservancy of Southwest Florida.
The DSAC -LDR provided recommendations to the full DSAC in September. At the meeting,
DSAC provided approval of the subcommittee's recommendations and granted a unanimous vote
of approval of the Administrative Code and corresponding LDC amendments.
The Administrative Code and corresponding LDC amendments were presented to the Collier
County Planning Commission on July 18, 2013. At the meeting, a presentation was given on the
goals of the Administrative Code, the types of LDC amendments proposed, and how to read and
understand the materials. On August 15, 2013 the Planning Commission reviewed and discussed
the proposed materials. The Planning Commission provided a 6 -0 vote, with 1 abstention, for all
materials relating to the Office of the Hearing Examiner. For all other materials, a vote of 7 -0
was provided and found the Administrative Code and LDC amendments to be consistent with the
Growth Management Plan. The Planning Commission provided minor comments, none of which
altered the intent of the Administrative Code or the corresponding LDC amendments.
REASON: The LDC amendment provides for the creation of the Administrative Code. The
Administrative Code combines the procedures for developing property that are contained
throughout the LDC into a single document. It is designed to be user friendly and to assist
applicants, design professionals, and County Staff in understanding many of the complex
permitting processes in Collier County. The Administrative Code will describe the application
contents; staff review process, public notice procedures, and reviewing agencies for land use
petitions and the approval process for administrative applications.
FISCAL & OPERATIONAL IMPACTS: The proposed amendment will not result in any
fiscal impacts to the County. The amendment, coupled with the adoption of the Administrative
Code, will not have any anticipated operation impacts on the County, expect for updates as
required.
Fiscal and operational benefits are foreseeable for property owners, applicants, design
professionals, and County Staff as petitions will be easily identifiable and the Administrative
Code will assist parties understand the complex development process. Additionally, future
changes to land development procedures can be made in a simpler manner, without the need for
a text amendment to the LDC.
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RELATED CODES OR REGULATIONS: Collier County Administrative Code.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, Senior Planner, Growth
Management Division, Operations and Regulatory Management. Prepared July 17, 2013. Edited
September 11, 2013.
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Chapter 1. General Provisions
1.06.01 Responsibility for Interpretations
A. The County Manager or designee shall have the authority to make all interpretations of
the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to
make all interpretations of the text of the GMP and the boundaries of land use districts
on the future land use map.
B. The County Manager or designee shall have the authority to make all interpretations of
the text of this LDC on matters related to the Building Code, building permit
requirements, building construction administrative code or building permits.
C. During the course of review of a development order or permit, as the case may be,
should an applicant and staff be unable to concur on the application of a specific
provision or provisions of this LDC, the County Manager or designee shall be authorized
to make a final determination.
Request for Official lInterpretation. The County Manager or designee may render an
Comment [elsl]: Relocated from 10.02.02 F.
official interpretation of anyp art of the LDC. The building official may render an official
Section was reorganized to separate out
g p
interpretation of any part of the Florida Building Code.
building official and County Manager.
1. Generally. An official interpretation may be requested by any affected person,
comment [c2]: The term al was added
resident developer, land owner, government agency or department, or any
throughout the section for clarity arity
Comment [els3]: New language from COA
person having a contractual interest in land in Collier County.
_ _.
2. Procedure. The Administrative Code shall establish the procedure and submittal
requirements for an official interpretations.
comment (el s4]: New language Replaces
3. Request Criteria. Each request must identify the specific LDC or building code
citation to be interpreted. Each request for interpretation must be accompanied
by the appropriate fee as set forth in the fee resolution adopted by the Board of
by hiffl."
County Commissioners. Under no circumstances may the request for
interpretation contain more than 3 issues or questions. It must not contain a
single question with more than 3 sub - issues or questions. If it is determined by
the appropriate official that the request for interpretation contains more than 3
issues, the applicant will be required to submit a separate request accompanied
by the applicable fees.
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Text underlined is new text to be added.
Bold text indicates a defined term
1 4_ Notice. The interpretation shall be in writing and shall be sent to the applicant by
2 certified mail return receipt requested. Public notice procedures are identified in
3 LDC subsection 10.03.06 P.
4 Effective time limits of an interpretation.
5 a. An interpretation rendered by the County Manager or designee shall
6 remain in effect until the appropriate LDC section is amended to clarify
7 the applicable provision or provisions which warranted the interpretation
8 or until such time as the interpretation is adopted modified, or rejected as
9 a result of an appeal to the Board of Zoning Appeals and /or the Building
10 Board of Adiustments and Appeals, by the applicant or other individual or
11 entity identified in LDC section 1.06.01 D.1, above. From the time the
12 interpretation is rendered and the time the appropriate LDC section is
13 amended, or in the case of an appeal, until such time as the Board of
14 Zoning Appeals and /or Building Board of Adjustments and Appeals has
15 rendered its finding, no further request for interpretation regarding the
16 same issue shall be permitted.
17 b. An interpretation rendered by the building official shall remain in effect as
18 provided for in the Florida Building Code.
19 6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and
20 Appeals.
21 a. Within 30 days after receipt by the applicant or affected property owner
22 of a written official interpretation sent by certified mail return receipt
23 requested by the County Manager or designee or building official, or
24 within 30 days of publication of public notice of the official interpretation,
25 the applicant, affected property owner, or aggrieved or adversely
26 affected party may appeal the interpretation to the Building Board of
27 Adjustments and Appeals for matters relating to building and technical
28 codes as shown in'iLDC section 1.07.00 br to the Board of Zoning
29 Appeals for all other matters in the LDC. For the purposes of this section.
30 an affected property owner is defined as an owner of property located
31 within 300 feet of the property lines of the land for which the official
32 interpretation is effective. An aggrieved or affected party is defined as any
33 person or group of persons which will suffer an adverse effect to an
34 interest orotected or furthered by the Collier County Growth Management
35 Plan, LDC, or building code(s). The alleged adverse interest may be
36 shared in common with other members of the community at large but
37 shall exceed in degree the general interest in community good shared by
38 all persons.
39 b. A fee for the application and processing of an appeal shall be established
40 at a rate set by the Board of County Commissioners from time to time and
41 shall be charged to and paid by the applicant.
42 C. The Board of Zoning Appeals or the Building Board of Adjustments and
43 Appeals, whichever is applicable, shall hold an advertised public hearing
44 on the appeal and shall consider the interpretation of the County Manager
45 or designee or building official, whichever is applicable, and public
46 testimony in light of the growth management plan, the future land use
47 map, the LDC or the official zoning atlas, or building code related
48 matters, whichever is applicable. The Board of Zoning Appeals or the
49 Building Board of Adjustments and Appeals, whichever is applicable. shall
50 adopt the County Manager or designee's or building official's
51 interpretation, whichever is applicable, with or without modifications or
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f COmme [els5]: New language
d omment [C6]: Reorganized to separate
uilding offcial and County Manager or
esignee
_ _ - Comment [C7]: New language
Comment [els8]: Originally referred to
Division 1.18 from the 91 -01 LDC, which was
the Laws Incorporated By Reference section
1
Text underlined is new text to be added.
Ad to the Administrative Code.. revised
Bold text indicates a defined term
1 conditions, or reject their interpretation. The Board of Zoning Appeals or
2 the Building Board of Adjustments and Appeals, whichever is applicable,
3 shall not be authorized to modify or reject the County Manager or
4 designee's or building official's interpretation unless such board finds
5 that the determination is not supported by substantial competent evidence
6 or that the official interpretation is contrary to the Growth Management
7 Plan, the future land use map, the LDC or the official zoning atlas, or
8 building code, whichever is applicable.
9 d. Time limitations on appeals. Any appeal that has not been acted upon by
10 the applicant within 6 months of the applicant filing the appeal will be
11 determined to be withdrawn and cancelled unless extended by the BCC.
12 Further review and action on the appeal will require a new application
13 subject to the then current LDC.
14 # # # # # # # # # # # # #
15
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C
Text underlined is new text to be added,
Text skikethFgUgh *6 GIIII
a na r__ _ a
and intent _ V V Bold text indicates a defined term
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1 Chapter 2. Zoning Districts and Uses
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Administrative Code/, LDC Amendment Overview
Admin Code
Ch. 3 C. Conditional Uses
Section and Title:
LDC Notice
N/A
Section
LDC Changes:
2.03.01:
• Added language to reference Admin. Code and conditional use
section
Revised:
6/5/13 CC
2.03.01 Agricultural Districts
A. Rural Agricultural District (A).
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the rural
agricultural district (A).
b. Accessory uses.
5. Excavation and related processing and production subject to the
following criteria:
i. The activity is clearly incidental to the agricultural
development of the property.
ii. The affected area is within a surface water management
system for agricultural use as permitted by the South
Florida Water Management District (SFWMD).
iii. The amount of excavated material removed from the site
cannot exceed 4,000 cubic yards. Amounts in excess of
4,000 cubic yards shall require conditional use approval
for earthmining, pursuant to the procedures and conditions
set forth in Ghapte LDC section 10.08.00 and the
Administrative Code.
C. Conditional uses. The following uses are permitted as conditional uses
in the rural agricultural district (A), subject to the standards and
procedures established in LDC section 10.08.00 and the Administrative
Code.
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Administrative Code/ LDC Amendment Overview
Admin Code Section
and Title:
Ch. 3 G. Planned Unit Development
LDC Notice Section
N/A
LDC Section:
2.03.06:
• Added language to reference Admin. Code and the (newly
relocated ) rezone section
Revised:
6/5/13 CC
1 2.03.06 Planned Unit Development Districts
2
3 C. PUD districts shall hereafter be established by amendment of the official zoning atlas
4 according to the procedures established in Chapter 10 LDC section 10.02.08 and the
5 Administrative Code. The purpose and intent of establishing and identifying the following
6 classifications is to identify a relationship between a proposed PUD and the other zoning
7 districts within this LDC. The goal is to relate the purpose and intent of the PUD zoning
8 district and the uses permitted within a PUD to defined zoning districts within this LDC
9 and to establish appropriate uses and performance standards within this PUD, which are
10 similar to those allowed by the most similar district(s). PUDs shall hereafter be defined
11 by the following districts and shall be referenced as such within the PUD document as
12 follows:
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Chapter 3. Resource Protection
Administrative, Code/ LDC Amendment Overview
Admin Code
Ch. 4 EA Vegetation Removal Permit
Section and Title:
LDC Notice
N/A
Section:
LDC Sections:
Relocated language from LDC section 10.02.06 C Vegetation
Permit Requirements to 3.05.02 F. due to a conflict. Similar
language existed in 3.05.02 and 10.02.06 regarding the
exceptions to a vegetation removal permit. The relocation and
removal of the language in 10.02.06 removes the conflict.
• The language in 3.05.02 F.1 was reorganized for clarity.
3.05.03:
• Relocated language from 10.02.06 C.3 Review Procedures to
3.05.03 which provides the procedures for a vegetation removal
permit.
3.05.07:
• Duplicating language from the (newly relocated) 3.08.00
Environmental Data for consistency, as noted below.
Revised:
Updated 4/26/13, 6/5/13 CC
3 3.02.10 Standards for Subdivision Plats
4 A. All subdivision plats shall be consistent with the need to minimize flood damage.
5 B. All subdivision plats shall have public utilities and facilities, such as sewer, gas,
6 electrical, and water systems, located and constructed to minimize flood damage.
7 C. All subdivision plats shall have adequate drainage provided to reduce exposure to
8 flood hazards.
9 D. Base flood elevation data shall be shown on the Master Subdivision Plan.
10 E. All final plats presented for approval shall clearly indicate the finished elevation of the
11 roads; and the average finished elevation of the lots or homesite_, and the m;^;m.,m
12 base flood elevatien as FequiFed iR this SeGti . All grades must be shown in both
13 NAVD and NGVD. The information may be shown referenced to one datum with a note
14 on the cover sheet listing a site - specific equation for determining the grades in the other
15 datum.
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3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
F. The
following exceptions shall apply when there are no bald eagle nests:) _
- comment [c9]: Relocated from LDC section
1
G..Gept fC, lGtS ndeyeloped , tal ba islands,
r• �� A vegetation removal
10.02.06 Vegetation Permit Requirements due
permit for clearing 1 acre or less of land is shall not be required for the removal of
to conflict with two sections that were similar but
not identical.
protected vegetation, other than a specimen tree, on lots subdivided for only
single - family use on a parcel of land zoned residential, -RSF, VR, A or E, or
other nonagricultural, non - sending lands, non -NRPA, noncommercial zoning
districts pursuant to LDC section 3.05.02 F. 1.a-c.
beeR r This exemption shall not apply to lots on undeveloped coastal barrier
islands or to the Rural Fringe Mixed Use District when a higher native
vegetation protection requirement may not allow for 1 full acre of clearing
4a. A building permit has been issued for the permitted principal structure
(the building permit serves as the clearing permit); or
2b. The permitted principal structure has been constructed, and the
property owner or authorized agent is conducting the removal, and the
total area that will be cleared on site does not exceed one acre- an , _
" comment [c101: New
3c. All needed environmental permits or management plans have been
obtained from the appropriate local, state and federal agencies. These
permits may include but are not limited to permits for wetlands impacts or
for listed species protection.
heYe greater vegetate peteetian as Feed in the Rural F ' ge Mi,�
G. A
vegetation removal permit is not required for the following situations:
- Comment [clll, Moved above to F.1
1.
Removal of protected vegetation other than a specimen tree, when a site plan
and vegetation protection plans have been reviewed and approved by the County
Manager or designee as part of the final Localjdevelopment order. _
comment [c121: New language
2.
Removal of protected vegetation from the property of a Florida licensed tree
farm /nursery, where such vegetation is intended for sale in the ordinary course of
the licensee's business and was planted for the described purpose.
3.
Removal of protected vegetation, other than a specimen tree, by a Florida
licensed professional IaPA surveyor and mapper in the performance of his /her
surveying uties, provided such removal is for individual trees within a swath that _ _
, comment [C13]: New language
is less than three (3) feet in width.
4.
Removal of protected vegetation prior to building permit issuance if the
conditions set forth in section 4.06.04 A.
5.
Hand removal of prohibited exotic vegetation. Mechanical clearing of
prohibited exotic vegetation shall require a vegetation removal permit.
Mechanical clearing is defined as clearing that would impact or disturb the soil or
sub -soil layers or disturb the root systems of plants below the ground.
6.
After a right -of -way for an electrical transmission line or public utility distribution
line has been established and constructed, a local government may not require
any clearing permits for vegetation removal, maintenance, tree pruning or
trimming within the established and constructed right -of -way. Trimming and
pruning shall be in accordance with subsection 4.06.05 4K.1 of the LDC6ede_ All
" comment [c14]: 4.06.05 J refers to slopes.
-
needed environmental permits must be obtained from the appropriate agencies
4.06.05 K refers to trimming.
and management plans must comply with agency regulations and guidelines.
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These may include but are not limited to permits for wetland impacts and
management plans for listed species protection.
7. After a publicly owned road right -of -way has been legally secured, a local
government may not require any clearing permits for vegetation removal,
maintenance, tree pruning or trimming within the established road right -of -way.
Trimming and pruning shall be in accordance with subsection 4.06.05 kK.1 of the _ _ - Comment [C151: see above
LDCCede. All needed environmental permits or management plans have been
obtained from the appropriate local, state and federal agencies. These permits
may include but are not limited to permits for wetland impacts or for listed
species protection.
# # # # # # # # # # # # #
$.05.03 ProceduresLfor a Vegetation Removal Permit _ - Comment [C1e1: Language relocated from
. - 10.02.06 C.
nnliGatien and r nor u' es submittals, set feFth in GhapteF 40 ' -- —
A. The Administrative Code shall establish the process and application submittal
requirements to obtain a vegetation removal permit.
B. Issuance of permit. An approved vegetation removal permit is valid for a period not to
exceed 180 days.
1. Approval. The County Manager or designee may approve, approve with
conditions, or deny the vegetation removal permit. Any conditions applied to the
permit shall relate to the methods of designating and protecting vegetation not
Proposed for removal. A violation of these conditions shall constitute cause to
void the vegetation removal permit.
2. Extension of permit. An extension requested prior to expiration of the original
permit may be granted for good cause shown upon written application to the
3. lPermit fees.-All vegetation removal permit implications shall be charged a review _ _ - commenc [c1�1: Deleted the following:
fee as established by resolution of the Board of County Commissioners. applications r
3.05.07 Preservation Standards
F. Wetland preservation and conservation.
3. RFMU district. Direct impacts of development within wetlands shall be limited
by directing such impacts away from high quality wetlands having functionality
scores of at least 0.65 WRAP or 0.7 UMAM. This shall be accomplished by - comment [c18]: Added from section
adherence to the vegetation retention requirements of LDC section 3.05.07 C 10.02.02 A Environmental Data Requirements
- - for consistency.
above and the following standards:
# # # # # # # # # # # # # Comment [C191: New language
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Administrative Code/ LDC Amendment Overview
Admin Code
Ch.7 A Environmental Data Reqs. for PUD Zoning and Conditional Uses
Section and Title:
A. Environmental Data Requirements.
LDC Notice
N/A
Section:
_ -
LDC Changes:
3.08.00
required to review a proposed project to ensure it meets the land development
• Relocating language from LDC section 10.02.02 A (10.02.02 will
°f
be relocated /deleted in entirety) to new LDC section 3.08.00 to
standards contained within the LDC.
consolidate the environmental requirements in LDC Ch. 3.
Revised:
6/5/13 CC
9A2
4
�.08.00 Environmental Data Requirements _ _
- _ comment [c2o]: Relocated from 10.02.02
5
A. Environmental Data Requirements.
6
1 Purpose The purpose of this section is to identify the environmental (data that IS _
_ -
Comment [C21]: Previously "types and format
7
required to review a proposed project to ensure it meets the land development
°f
8
standards contained within the LDC.
9
2. Preparation of Environmental Data. Environmental Data Submittal Requirements
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shall be prepared by an individual with academic credentials and experience in
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the area of environmental sciences or natural resource management. Academic
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credentials and experience shall be a bachelor's or higher degree in one of the
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biological sciences with at least two years of ecological or biological professional
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experience in the State of Florida.
4
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Procedure. Submittal requirements for all land use applications are identified in
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this section. The Administrative Code shall establish the process and additional
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submittal reauirements for Environmental Data Requirements for PUD Zoning
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and Conditional Uses.
_ - Comment [C22]: New language
19
_ _
4. Environmental Data. The following information shall be submitted where
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applicable, to evaluate projects.
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a. Wetlands.
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i. Identify on a current aerial, the location and acreage of all Collier
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County / SFWMD jurisdictional wetlands according to the Florida
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Land Use Cover and Forms Classification System FLUCFCS
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and include this information on the site development plan WML
_ - Comment [C23]: New language
26
or nstruction plan and final subdivision plat (PPL)I Wetlands
�omment [C24]: Put SDP in parentheses
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must be verified by the South Florida Water Management District
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SFWMD or Florida Department of Environmental Protection
comment [c25]: New language, PPL updates
term from "final plat construction plans"
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(DEP) prior to SDP or PPL approval. For sites in the RFMU
30
district, provide an assessment in accordance with LDC section
Comment [C26]: updated term throughout
31
3.05.07 F and identify on the FLUCFCS malp the location of all
the section
32
high quality wetlands aving functionality scores of at least 0.65
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WRAP or 0.7 UMAMI and their location within the proposed
-
Comment [C27]: Change from "high quality
34
development plan. Sites with high quality wetlands must have
wetlands (wetlands having functionally score of
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their functionality scores verified by the SFWMD or DEP prior to
at least 0.65 WRAP or.7 UMAM;
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the first development order approval. Where functionality scores
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have not been verified by either the SFWMD or DEP, scores must
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be reviewed and accepted by County staff, consistent with State
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regulation.
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ii. SDP or PPL with impacts to 5 or more acres of wetlands shall
2
provide an analysis of potential water quality impacts of the project
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by evaluating water quality loadings expected from the project
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(post development conditions considering the proposed land
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uses and stormwater management controls) compared with water
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quality loadings of the project area as it exists in its pre -
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development conditions. The analysis shall be performed using
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methodologies approved by Federal and State water quality
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agencies and must demonstrate no increase in nutrients (nitrogen
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and phosphorous) loadings in the post development scenario.
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iii. Where treated stormwater is allowed to be directed into preserves,
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show how the criteria in LDC section 3.05.07 H have been met.
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iv. Where native vegetation is retained on site, provide a
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topographic map to a half foot and, where possible, provide
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Comment [C28]: Updated term throughout
section
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i. Provide a wildlife survey for the nests of bald eagle and for listed
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species known to inhabit biological communities similar to those
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existing on site. The survey shall be conducted in accordance with
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the guidelines or recommendations of the Florida Fish and Wildlife
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Conservation Commission ( FFWCC) and the U.S. Fish and
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Wildlife Service (USFWS). Survey times may be reduced or
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waived where an initial habitat assessment by the environmental
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consultant indicates that the likelihood of listed species
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occurrence is low, as determined by the FFWCC and USFWS.
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Where an initial habitat assessment by the environmental
28
consultant indicates that the likelihood of listed species
29
occurrence is low, the survey time may be reduced or waived by
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the County Manager or designee, when the project is not reviewed
31
or technical assistance not provided by the FFWCC and USFWS.
32
Additional survey time may be required if listed species are
33
discovered.
34
ii. Provide a survey for listed plants identified in LDC section 3.04.03.
35
iii. Wildlife habitat management and monitoring plans in accordance
36
with LDC section 3.04.00 shall be required where listed species
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are utilizing the site or where wildlife habitat management and
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monitoring plans are required by the FFWCC or USFWS. These
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plans shall describe how the project directs incompatible land
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uses away from listed species and their habitats. Identify the
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location of listed species nests, burrows, dens, foraging areas.
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and the location of any bald eagle nests or nest protection zones
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on the native vegetation aerial with FLUCFCS overlay for the
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site. Wildlife habitat management plans shall be included on the
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SDP or PPL. Bald eagle management plans are required for sites
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containing bald eagle nests or nest protection zones, copies of
47
which shall be included on the SDP or PPL.
48
C. Native vegetation preservation.
49
i. For sites or portions of sites cleared of native vegetation or in
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agricultural operation, provide documentation that the parcel(s)
51
were issued a permit to be cleared and are in compliance with the
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9A2
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25 year rezone limitation pursuant to LDC section 10.02.06. For
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sites permitted to be cleared prior to July 2003. provide
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documentation that the parcel(s) are in compliance with the 10
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year rezone limitation previously identified in the GMP Criteria
5
defining native vegetation and determinin the legality, rocess
6
and criteria for clearing are found in (LDC Chapter 3 and LDC-- _ _ -
Comment [C29]: Revising cross references
7
section 10.02.06.
Previously "LDC sections 3.05.05, 3.05.07, and
8
ii. Identify on a current aerial the acreage location and Community
10.02.06." is changing to "Chapter 3" 080613
9
types of all upland and wetland habitats on the project site
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according to the Florida Land Use Cover and Forms Classification
11
System ( FLUCFCS), and provide a legend for each of the
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FLUCFCS Codes identified. Aerials and overlay information must
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be legible at the scale provided. Provide calculations for the
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acreage of native vegetation required to be retained on -site.
15
Include the above referenced calculations and aerials on the SDP
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or PPL. In a separate report, demonstrate how the preserve
17
selection criteria pursuant to LDC section 3.05.07 have been met.
18
Where applicable, include in this report an aerial showing the
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project boundaries along with any undeveloped land. preserves
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natural flowways or other natural land features, located on
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abutting properties.
22
iii. Include on a separate site plan, the project boundary and the land
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use designations and overlays for the RLSA. RFMU. ST and
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ACSC -ST districts. Include this information on the SDP or PPL.
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iv. Where off -site preservation of native vegetation is proposed in
26
lieu of on -site, demonstrate that the criteria in LDC section 3.05.07
27
have been met and provide a note on the SDP or PPL indicating
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the type of donation (monetary payment or land donation)
29
identified to satisfy the requirement. Include on the SDP or PPL a
30
location map(s) and property identification number(s) of the off -
31
site_parcel(s) if off -site donation of land is to occur.
32
d. General environmental requirements.
33
i. Provide the results of any Environmental Assessments and /or
34
Audits of the property, along with a narrative of the measures
35
needed to remediate if required by DEP.
36
ii. Soil and /or ground water sampling shall be required at the time of
37
first development order submittal for sites that occupy farm fields
38
(crop fields, cattle dipping ponds, chemical mixing areas) golf
39
courses, landfill or junkyards or for sites where hazardous
40
products exceeding 250 gallons of liquid or 1.000 pounds of
41
solids were stored or processed or where hazardous wastes in
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excess of 220 pounds per month or 110 gallons at any point in
43
time were generated or stored. The amount of sampling and
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testing shall be determined by a registered professional with
45
experience in the field of Environmental Site Assessment and
46
shall at a minimum test for organochlorine pesticides (U.S.
47
Environmental Protection Agency (EPA) 8081) and Resource
48
Conservation and Recovery Act (RCRA) 8 metals using Florida
49
Department of Environmental Protection (DEP) soil sampling
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Standard Operating Procedure (SOP) FS 3000, in areas
51
suspected of being used for mixing and at discharge point of water
20
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1
management system. Sampling should occur randomly if no
2
points of contamination are obvious. Include a background soil
3
analysis from an undeveloped location hydraulically upgradient of
4
the potentially contaminated site. Soil sampling should occur just
5
below the root zone, about 6 to 12 inches below ground surface or
6
as otherwise agreed upon with the registered professional with
7
experience in the field of Environmental Site Assessment. Include
8
in or with the Environmental Site Assessment, the acceptable
9
State and Federal pollutant levels for the types of contamination
10
found on site and indicate in the Assessment, when the
11
contaminants are over these levels. If this analysis has been done
12
as part of an Environmental Audit then the report shall be
13
submitted. The County shall coordinate with the DEP where
14
contamination exceeding applicable DEP standards is identified
15
on site or where an Environmental Audit or Environmental
16
Assessment has been submitted.
17
iii. Shoreline development must provide an analysis demonstrating
18
that the promect will remain fully functional for its intended use after
19
a six -inch rise in sea level.
20
iv. Provide justification for deviations from environmental LDC
21
provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested.
22
V. Where applicable, provide evidence of the issuance of all
23
applicable federal and /or state oil and gas permits for proposed oil
24
and gas activities in Collier County. Include all state permits that
25
comply with the requirements of Chapter 62C -25 through 62C -30,
26
F.A.C. as those rules existed on January 13, 2005.
27
e. Other LDC requirements.
28
i. Identify any Wellfield Risk Management Special Treatment
29
Overlay Zones (WRM -ST) within the project area and provide an
30
analysis for how the project design avoids the most intensive land
31
uses within the most sensitive WRM -STs and will comply with the
32
WRM -ST pursuant to LDC section 3.06.00. Include the location of
33
the Wellfield Risk Management Special Treatment Overlay Zones
34
on the SDP or PPL. For land use applications such as standard
35
and PUD rezones and CUs, provide a separate site plan or zoning
36
map with the project boundary and Wellfield Risk Management
37
Special Treatment Overlay Zones identified.
38
ii. Demonstrate that the design of the proposed stormwater
39
management system and analysis of water quality and quantity
40
impacts fully incorporate the requirements of the Watershed
41
Management regulations of LDC section 3.07.00.
42
iii. For sites located in the Big Cypress Area of Critical State
43
Concern - Special Treatment overlay district (ACSC -ST), show how
44
the project is consistent with the development standards and
45
regulations in LDC section 4.02.14.
46
iv. For multi -slip dock facilities with ten slips or more, and for all
47
marina facilities, show how the project is consistent with LDC
48
section 5.05.02. Refer to the Manatee Protection Plan for site
49
specific requirements of the Manatee Protection Plan not included
50
in LDC section 5.05.02.
51
V. For development orders within RFMU sendinq lands, show how
21
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1
the project is consistent with each of the applicable Obiectives and
2
Policies of the Conservation and Coastal Management Element of
3
the GMP.
4
f
Additional data. The County Manager or designee may require additional
5
data or information necessary to evaluate the project's compliance with
6
the LDC and GMP requirements.
7
5. Exemptions.
8
a
The Environmental Data Submittal Requirements exemption shall not
9
apply to any parcel with a ST or ACSC -ST overlay, unless otherwise
10
exempted by LDC section 4.02.14 I.
11
b.
Single- family detached and two - family housing structure(s) on a lot(s) of
12
record except as otherwise provided at LDC section 4.02.04 (cluster
13
development), and townhouses developed on fee simple lots under
14
individual ownership provided that a fee simple townhouse plat is
15
approved in accordance with the provisions of LDC section 10.02.04.B.
16
These exemptions shall not apply to the following.
17
i. Wetland delineations and permitting,
18
ii. Retention of native vegetation in accordance with LDC section
19
3.05.07 C.
20
iii. Listed species protection in accordance with LDC section 3.04.01
21
C.
Agricultural uses. Agricultural uses that fall within the scope of sections
22
163.3214(4) or 823.14(6) Florida Statutes, provided that the subject
23
property will not be converted to a nonagricultural use or considered for
24
any type of rezoning petition for a period of 25 years after the agricultural
25
uses commence and provided that the subject property does not fall
26
within an ACSC or ST zoning overlay.
27
d.
All NBMO Receiving Lands in accordance with 2 03 08 A.2.
28
e
A conventional rezone with no site plan or proposed development plan
29
This exemption does not apply to lands that include any of the following
30
zoning, overlays or critical habitats: Conservation (CON) Special
31
Treatment (ST), Area of Critical State Concern (ACSC) Natural Resource
32
Protection Areas (NRPA's) Rural Fringe Mixed Use (RFMU) Sending
33
Lands, Xeric Scrub. Dune and Strand. Hardwood Hammocks, or any land
34
occupied by listed species or defined by an appropriate State or Federal
35
agency to be critical foraging habitat for listed species
36
f.
In those areas of Collier County where oil extraction and related
37
processing is an allowable use, such use is subiect to applicable state
38
and federal oil and gas permits and Collier County non - environmental site
39
development plan review procedures. Directional - drilling and /or
40
previously cleared or disturbed areas shall be utilized in order to minimize
41
impacts to native habitats, where determined to be practicable This
42
requirement shall be deemed satisfied upon issuance of a state permit in
43
compliance with the criteria established in Chapter 62C -25 through 62C-
44
30, F.A.C., as those rules existed on January 13 2005 regardless of
45
whether the activity occurs within the Big Cypress Watershed as defined
46
in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental
47
permitting requirements shall be considered satisfied by evidence of the
48
issuance of all applicable federal and /or state oil and gas permits for
49
proposed oil and gas activities in Collier County, so long as the state
50
permits comply with the requirements of Chapter 62C -25 through 62C -30
51
F.A.C. For those areas of Collier County outside the boundary of the Big
22
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' 9A2
Text underlined is new text to be added.
Text .k eth Fe eeti is .e he aelpt,- . _. - PC-
and
i nt V VyV a to AaMin a Cede e_ a
Boldtext
indicates a defined term
1 Cypress Watershed the applicant shall be responsible for convening the
2 Big Cypress Swamp Advisory Committee as set forth in Section 377.42,
3 F S. to assure compliance with Chapter 62C -25 through 62C -30. F.A.C.
4 even if outside the defined Big Cypress Watershed. All access roads to
5 oil and gas uses shall be constructed and protected from unauthorized
6 uses according to the standards established in Rule 62C- 30.005(2)(a)(1)
7 through (12), F.A.C.
8 # # # # # # # # # # # # #
23
I:Wdmin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx
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^ Bold text indicates a defined term
Chapter 4. Site Design and Development Standards
Administrative Code/ LDC Amendment Overview
Admin Code Section
Chapter 5 - Subdivision Procedures
and Title:
LDC Notice Section:
N/A
LDC Changes:
4.04.03:
• Relocating language from LDC section 10.02.02 B (10.02.02
will be relocated /deleted in entirety) to LDC section 4.03.03.
Subdivision exemptions were located in two LDC sections,
10.02.02 B and 4.03.03. Consolidation of all subdivision
exemptions will remove conflicts and confusion.
• Language in 10.02.02 B and which was absent from 4.03.03
was relocated to 4.03.03 to ensure no language was
inadvertently omitted.
Revised:
6/5/13 CC
4.03.01 Generally
A. The purpose of this section is to establish procedures and standards for the
development and subdivision of real estate within the unincorporated areas of Collier
County, Florida. Furthermore, the purpose of this section is to carry out the goals,
policies and objectives of the Collier County GMP. These procedures and standards are
provided in an effort to, among other things:
A. —1. Ensure proper legal description, identification, documentation and recording of
real estate boundaries;
B. Aid in the coordination of land development in Collier County in accordance with
orderly physical patterns to encourage state of the art and innovative design;
C3. Discourage haphazard, premature, uneconomic or scattered land development,
E1. n. Ensure an economically stable and healthy community;
E. Ensure adequate public facilities and utilities;
F. 6. Maintain the community's quality of life by properly preserving and conserving
natural resource features;
C7. Prevent periodic and seasonal flooding by providing protective flood control and
drainage facilities;
H. 8. Provide open spaces for recreation; ensure land development with installation of
adequate and necessary public facilities and physical improvements,
9. Ensure that the citizens and taxpayers of Collier County will not have to bear the
costs resulting from haphazard subdivision of land;
j. 10. Provide the county with the authority to require installation by the developer of
adequate and necessary physical improvements so that the taxpayers and citizens of
Collier County will not have to bear the costs for the same;
K. 11. Ensure to the purchasers of subdivided land that necessary improvements of
lasting quality have been installed; comply with Chapter 177, F.S. as amended.
B1.1 The desi n of the re uired improvements for all subdivisions and developments
pursuant to LDC ection 10.02.03 hall he in accordance with generally accepted
professional engineering principles and practices. The standards established in this
section are intended only as minimum guidelines for the design engineer and are not
intended to deprive the engineer of their responsibility for the technical adeguacy of kheir
25
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
'9A2
Comment [els30]: Relocated from Code of
Laws and Ordinances (COL) Ch 2, article 1,
division 2 (old Admin Code), design
requirements.
Comment [C31]: No change from COL
reference to section 10.02.03
Comment [C32]: "Shall' replacing "may"
throughout section
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design or freedom to use their engineering judgment and discretion in the practice of
their profession.
G.I Design data, such as calculations or analyses, shall be submitted along with the
subdivision and development improvement plans covering important features affecting
design or construction prior to the issuance of any required county development
orders, permits or approvals. Such calculations and analyses shall include but not be
limited to: low and high water elevations, utility hydraulic and drainaqe calculations
subsurface soil data, alternate pavement and sub -grade types and centerline elevations
when the minimum standards of Florida Department of Transportation or the American
Association of State Highway and Transportation Officials are inadequate inappropriate
or not applicable.
# # # # # # # # # # # # #
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'9A2
Comment [els34]: Relocated from COL Ch 2,1
article 1, division 2 (old Admin Code) design J
requirements
Text underlined is new text to be added.
Text sti: kethmugh is A, irFaRl IAA to he deleted fFPFR I DG
Bold text indicates a defined term
2 4.03.03 Subdivision Exemptions
3
9A2
4 Before any property or development proposed to be exempted from the terms of this section
5 may be considered for exemption, a written request for exemption shall be submitted to the
7 Manager designee. termination of completeness, the County Manager or
County 9
' eem shh all rove approve with conditions, or deny the request for exemption based on
des ignee
s
_ -
comment [c35]: Replaced disapprove" with
8 the terms the applicable exemptions, Proced_ures for application, review, and decision
'deny"
9 regarding exemptions from these subdivision requirements are set forth in the Administrative
-
comment [C36]: Language added from
10 Code Ghapter -a . To the extent approved, the following may be exempted from these
10.02.02 B. Language is from similar umbrella
11 subdivision requirements.
paragraph
12 A. Active agricultural uses. Agriculturally related development as identified in the permitted
13 and accessory uses allowed In the rural agricultural district/Nand located within any
14 area designated as agricultural on the future land use map of the Collier County GMP
15 and the Collier County official zoning atlas, except single - family dwellings and farm
16 labor housing subject to LDC section 5.05.03 and 2.03.00 shall be exempt from the_
17 requirements and procedures for preliminary subdivision plats and' aeverneats
18 construction plans; provided, however, nothing contained herein shall exempt such
19 active agricultural uses from the requirements and procedures for final subdivision
20 plats, and where required subdivision improvements are contemplated, the posting of
21 subdivision performance security.
22 ID D,
23 b.
24 o =a^
25 B €. Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the
26 requirements and procedures for preliminary subdivision plats and improvement plans;
27 provided, however, nothing contained herein shall exempt such division of land into
28 cemetery lots or parcels from the requirements and procedures for final subdivision
29 plats and, where required subdivision improvements are contemplated, the posting of
30 subdivision performance security; and provided, further, that such division of land into
31 cemetery lots or parcels shall be subject to and comply with the requirements and
32 procedures for site development plans as set forth in the Administrative Code and
33 ender Chapter 10, and shall obtain site development plan approval for the entire
34 property proposed for such division of land into cemetery lots or parcels.
35 C. Eminent domain or operation of law. The division of land which could be created by any
36 court in this state pursuant to the law of eminent domain, or by operation of law, or by
37 order of any court, shall be exempt from this section; if and only if the County Manager
38 or designee and the County Attorney are given timely written notice of any such pending
39 action and given the opportunity to signify that the county be joined as a party in interest
40 in such proceeding for the purpose of raising the issue of whether or not such action
41 would circumvent or otherwise avoid the purposes or provisions of this section, i.e., the
42 subdivision regulations, prior to the entry of any court order; and, if and only if an
43 appropriate pleading is not filed on behalf of the County within 20 days after receipt of
44 such notice. However, if a pleading is filed on behalf of the county within 20 days after
45 receipt of such notice, such division of land created by the court shall not be exempt
46 from this section.
47 DG. Oil, gas, and mineral rights. The division of land which creates an interest or interests in
48 oil, gas, or minerals which are now or hereafter severed from the surface ownership of
49 real property shall be exempt from this section.
50 E41. Prior subdivision. All division of land occurring prior to the effective date of this LDC
51 and conforming to the purposes of this section, shall be exempt from this section;
27
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Comment [C37]: 10.02.02. B also identifies
2.03.00 which is the Ag zoning district
information 080613
- Comment [C38]: Removing B, C, and D and
renumbering the remaining sections 080613
Text underlined is new text to be added.
And i
Bold text indicates a defined term
1 provided, however, that any property so divided which is resubdivided or further divided
2 on or after January 10, 1989, shall not be exempt from this section. For
3 agricultural /residential subdivisions within the rural area of Collier County as defined
4 herein, refer to LDC section 4.03.04; Also see "lot of record" in Chapter 1.
5 R The division of property, occurring prior to July 15, 1998, meeting the definition of rural
6 subdivision shall not require the subdivider to record a final plat nor comply with the
7 subdivision regulations provided in LDC section 4.03.00. Nor shall the division of
8 property occurring after July 15, 1998, in the rural area require the property owner to
9 record a final plat nor comply with the subdivision regulations provided in LDC section
10 4.03.00, if the property so divided has been the subject of a rezoning hearing by the
11 BCC within the 24 month period preceding July 15, 1998. The subdivision of properties
12 occurring after July 15, 1998 shall not be exempt from platting and filing a preliminary
13 subdivision plat (PSP). However, the applicability of all required subdivision
14 improvements and standards as set forth in section LDC 4.03.00, required
15 improvements, of this LDC shall be determined by the County Manager or designee on a
16 case by case basis. The applicant, through the preliminary subdivision plat (PSP)
17 process may request waivers from certain "required improvements ". The subdivider and
18 purchaser of property meeting definition (a) of rural subdivision shall comply with
19 section 4.03.03 of this LDC. The division of property not meeting the definition of rural
20 subdivision is required to comply with all requirements of section 4.03.00.
21 GJ Rural area subdivision requirements.
22 1. Deeds and other conveyances. All deeds and other conveyances for properties
23 shall include in ten -point type the following statement: "NO GOVERNMENTAL
24 AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE
25 FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE
26 DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS -OF -WAY PROVIDING
27 INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED."
28 2. Building permits for rural subdivisions. Building permits will not be issued until
29 the final subdivision plat is recorded.
30 3. Access agreement The owner of property applying for a building permit shall
31 execute a release and waiver agreement which shall be executed and recorded
32 at the applicant's expense in the official records of Collier County . The release
33 and waiver agreement shall be in a form approved by the county attorney or
34 designee and shall include at a minimum the following provisions and a copy of
35 the recorded agreement submitted with the property owner's building permit
36 application:
37 a Identification of the property by legal description and tax parcel folio
38 number:
39 b. Description of the means of access to the subject property and the
40 physical condition of that access:
41 C. A statement recognizing that the access rights are personal rights
42 between the grantor and grantee and the county's approval of the use of
43 the accessway in no way implies that the use is permitted
44 d. A statement confirming that the maintenance and upkeep of such means
45 of access shall be the perpetual responsibility of the individual(s) or other
46 entity holding rights to such means of access:
47 e. A statement confirming that any development order issued by Collier
48 County proposing utilization of such means of access shall contain a
49 specific disclaimer from Collier County relating to the county's obligation
50 for the present or future maintenance or upkeep of such means of
51 access:
28
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9 A 2
Comment [els39]: Relocated from 10.02.02 B
�10
Text underlined is new text to be added.
Bold text indicates a defined term
1
f. A statement of release holding Collier County harmless in perpetuity for
2
maintenance of such means of access:
3
Q. Description of the extent and specifications for improvements to the
4
means of access being proposed by the applicant:
5
h. Description of the utilities, including, for example, water, sewer,
6
telephone, electricity, which shall service the property as required by
7
Collier County Ordinance INo. 69 -06 [Code ch. 22, art. VI Il, known as the_ , _
- comment fcao]: Removed brackets 073013
8
Collier County Standard Housing Code, or its successor in function:
9
i. A statement of the applicant's intent to arrange for, have installed and
10
pay for provision of such utilities as are required by law:
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i. A statement of release holding Collier County harmless in perpetuity for
12
maintenance of such utilities:
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k. An acknowledgment that the Department of Economic Opportunity (DE_ _ ,
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comment [cai]: updated name of agency
14
may review and appeal any development order issued by Collier County
throughout the section.
15
within the Big Cypress Area of Critical State Concern. Also. confirmation
16
that the applicant will execute, prior to issuance of any development
17
order by Collier County, a statement of understanding of the DEO review
18
requirements in the form approved by the DEO: and
19
I. A statement that permits from all state and federal agencies have been
20
obtained or applied for, including copies of said applications. The
21
responsibility to determine if such permits are necessary is solely the
22
responsibility of the applicant.
23
Hd. Chokoloskee Island. The division of property of Chokoloskee Island shall not require the
24
subdivider to record a final plat nor comply with the subdivision regulations provided in
25
LDC section 4.03.00. The subdivider and purchaser of the property shall comply with the
26
regulations provided in LDC section 4.03.03. The division of property not on
27
Chokoloskee Island is required to comply with all requirements to section 4.03.00. All
28
parcels of land existing on Chokoloskee Island as of October 30, 1991, and identified in
29
the property appraiser's official records, which do not conform to the minimum lot area
30
and lot width requirements of the overlying zoning district shall be considered
31
conforming lots. Any subdivision of land on Chokoloskee Island occurring after
32
October 30, 1991, shall comply with the minimum lot area and width requirements for
33
the overlying zoning district in effect at the time the land is subdivided. In any case,
34
except as described above, the minimum applicable development standards set forth in
35
the LDC shall apply, unless a variance therefrom is obtained.
36
1.1 Chokoloskee Island subdivision reguirements.l _ _
-
comment [c42]: Relocated from 10.02.02
37
a. Deeds and other conveyances. All deeds and other conveyances for
B.11.
38
properties hereafter on Chokoloskee Island shall include in bold -faced
39
type the following statement: "NO GOVERNMENTAL AGENCY,
40
INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE FOR
41
THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE
42
DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS -OF -WAY
43
PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN
44
CONVEYED." Failure to include this information in a deed shall not affect
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the conveyance of property.
46
b. Building permits for Chokoloskee Island. Prior to the issuance of a
47
building permit for any property on Chokoloskee Island, the owner of the
48
property applying for the building permit must provide verification that he
49
or she has an existing means of access to the property and the existing
50
means of access to such property must be improved to the standards
51
established by this subsection. Said access may be:
29
I:\Admin Code 2012 \Current WoWAdministrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
Bold text indicates a defined term
1 i. Dustless surface a minimum of 20 feet in width:
2 ii. Asphalt paved road a minimum of 18 feet in width: or
3 iii. Limerock surface a minimum of 20 feet in width.
4 C. Access agreement. The owner of property applying for a building permit
5 shall execute a release and waiver agreement which shall be executed
6 and recorded at the applicant's expense in the official records of Collier
7 County. The release and waiver agreement shall be in a form approved
8 by the county attorney bi{ designee,, and shall include, at a minimum. the
9 following provisions and a copy of the recorded agreement submitted with
10 the property owner's building permit application:
11 i. Identification of the property by legal description and tax parcel
12 folio number:
13 ii. Description of the means of access to the subject property and
14 the physical condition of that access:
15 iii. A statement recognizing that the access rights are personal rights
16 between the grantor and grantee and the county's approval of the
17 use of the accessway in no way implies that the use is permitted:
18 iv. A statement confirming that the maintenance and upkeep of such
19 means of access shall be the perpetual responsibility of the
20 individual(s) or other entity holding rights to such means of
21 access:
22 V. A statement confirming that any development order issued by
23 Collier County proposing utilization of such means of access shall
24 contain a specific disclaimer from Collier County relating to the
25 county's obligation for the present or future maintenance or
26 upkeep of such means of access:
27 vi. A statement of release holding Collier County harmless in
28 perpetuity for maintenance of such means of access:
29 vii. Description of the extent and specifications for improvements to
30 the means of access being proposed by the applicant
31 viii. Description of the utilities, including for example water, sewer.
32 telephone, electricity, which shall service the property as required
33 by Collier County Ordinance No. 89 -06, known as the Collier
34 County Standard Housing Code or its successor in function:
35 ix. A statement of the applicant's intent to arrange for, have installed
36 and pay for provision of such utilities as are reauired by law:
37 X. A statement of release holding Collier County harmless in
38 perpetuity for maintenance of such utilities:
39 xi. A statement that permits from all state and federal agencies have
40 been obtained or applied for, including copies of said permits
41 applications. The responsibility to determine if such permits are
42 necessary is solely the responsibility of the applicant.
43 l!. Golden Gate Estates lot divisions. When a 5 acre parcel in Golden Gate Estates_
44 is subdivided into 2 lots. where 1 of the lots is not on the existing right -of -way,
45 the owner may create an access easement to and through the parcel which is
46 not on the right -of -way. The easement must be at least 20 feet in width. and
47 extend at least 150 feet into the otherwise landlocked lot. The easement shall
48 provide for access to the lot, and satisfy the frontage requirement.
49 # # # # # # # # # # # # #
50
30
UAdmin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx
ayA
- Comment [C43]: Deleted "his" prior to
"designee "080613
Comment [C44]: Amended section letter to
I," The section should not be under the
Chokoloskee Island provisions 080613
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Text underlined is new text to be added.
a e the Aa.i .. r.l a 9- ode e revised
v y V a - V .. Bold text indicates a defined term
Administrative Code/ LDC Amendment Overview
Admin Code
Ch. 5 A Lot Split and B. Lot Line Adjustment
Section and Title:
LDC Notice Section
N/A
LDC Section:
4.03.04
• Relocating language from LDC section10.02.02 B.8 (10.02.02 will
which may be platted or unplatted and which are under separate ownership or the same
be relocated /deleted in entirety) to existing lot line adjustment
ownership shall be exempt from this section if all of the following conditions are met. The
section 4.03.04.
Administrative Code shall establish the procedures and submittal requirements for
• Consolidating all lots line adjustment language, located in LDC
obtaining a lot line adiustment. or^^°d r s for demGn6tF ,tion Of ,.,,FAPIi. RGe with the
sections, 10.02.02 B.8 and 4.03.03.
The lot line adjustment shall be
• Consolidating all lot split language, located in 10.02.04 B.5.i and
recorded with the Clerk of Courts within 12 months of approval by the County Manager
10. 02.02 B.12 to 4.03.04.
Revised:
6/6/13 CC
4.03.04 Lot Line Adjustmen*and Lot Split
_ -
Comment [C45]: showing current language is
is plural and it is to be amended to singular
A. Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels
073013
which may be platted or unplatted and which are under separate ownership or the same
ownership shall be exempt from this section if all of the following conditions are met. The
Administrative Code shall establish the procedures and submittal requirements for
obtaining a lot line adiustment. or^^°d r s for demGn6tF ,tion Of ,.,,FAPIi. RGe with the
The lot line adjustment shall be
recorded with the Clerk of Courts within 12 months of approval by the County Manager
Or designee. _
-- --
A 1. It is demonstrated that the request is to correct an engineering or surveying error
- -
Comment [C46]: New language. Note: Only
one way to do a Lot Line Adjustment is through
the a deed with the Clerk of Courts
in a recorded plat or is to permit an insubstantial boundary change between adjacent
parcels; and
9. 2. Both landowners whose lot lines are being adjusted provide written consent to
the lot line adjustment; and
G. 3. Instrument(s) evidencing the lot line adjustment shall be filed in the official
records of Collier County, Florida, upon approval, and shall indicate that the result of the
lot line adjustment will meet the standards of, and conforms to, the requirements of this
LDC, including the dimensional requirements of the zoning district and the subdivision
in which the lots are located. However, in cases of an existing nonconforming lot of
record, the adjustment shall not increase the nonconformity of the lot; and
D. 4. It is demonstrated that the lot line adjustment will not affect the development
rights or permitted density or intensity of use of the affected lots by providing the
opportunity to create a new lots) for resale or development.
LVL J1111L. LM11 IVW [HUJL I ICVC I VIILCI!JW yi I a UUUII . y1 Mivala I 1 nL- V1JW=XJ vvni I u is
exception of 1 division of a single platted lot or otherwise established lot of record in
the Rural Agricultural or Estates zoning district into 2 of . Any such lot split may utilize
an access easement to satisfy access, and frontage requirements for the lot which
would not otherwise have street frontage.
1. The width of such access easement may not be less than twelve (12) feet and
may be required to be wider at the discretion of Collier County staff, to
accommodate safe access and turning movements, stormwater drainage pipes
and the like.
2. The number of access points to a public right -of -way shall not be increased as
a result of the lot split, if, in the opinion of the county staff, safe and sufficient
31
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Comment [C47]: From 10.02.04 B.51
Changes noted below.
Comment [C48]: Deleted the following
language "...private right -of -way 'A sanfei;Fnanaa
with the design Fe 960FOrpenle 64 ihie eeetiqn
with the exception of 1 division ...
Comment [C49]: Deleted the following
language: "...2 lots,
We cede.
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Text underlined is new text to be added.
Text StFqkBthFGU@h 16 G11F1
And intent ti na r
y Vw V- V Bold text indicates a defined term
access may be accomplished with fewer access points than existed prior to the
proposed lot split.
3. The access easement will create a front yard for setback purposes for all lots
abutting the access easement. In cases where access is presently provided by
an access easement to existing lots of record in any zoning district which are
not part of a recorded or unrecorded subdivision, this easement will serve to
satisfy access and frontage requirements for those lots and yards abutting
a. The Administrative Code shall establish the procedures and submittal
requirements for obtaining a lot split.
easements for joint or cross access to be recorded before an approved
lot split becomes effective.
d. Only lot split requests meeting the applicable land development
regulations, specifically including the minimum lot area and lot
dimensions for the existing zoning district, may be approved but do not
become effective until evidence of the County approved lot split is also
provided to the Property Appraiser or Clerk of Courts for their
consideration and record - keeping, as may be applicable.
# # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Admin Code
N/A
Section and Title:
LDC Notice Section
N/A
LDC Changes:
4.05.04:
• Relocating LDC provision 10.02.03 B.1.xv. to LDC section
4.05.04 because it was in the list of SDP submittal requirements
and it is a parking standard which is a LDC requirement.
• Modified name to reflect intent of the provision.
• Added language for clarity, as noted.
4.05.07:
• Duplicated provision in the PUD design requirement section
4.07.02 for consistency.
Revised:
6/5/13 CC
4.05.04 Parking Space Requirements
D. Required off - street parking shall be located so that no automotive vehicle when parked
shall have any portion of such vehicle overhanging or encroaching on public right -of-
way or the property of another. If necessary, wheel stops or barriers may be required in
order to enforce this provision.
11. Residential off - street parking. Driveways must be at least 23 feet in length
measured from the back of the sidewalk to the garage to allow room to park a
vehicle on the driveway without parking over the sidewalk. Should the garage
be side - loaded there must be at least a 23 -foot paved area on a perpendicular
32
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9 A 2
Comment [C50]: From 10.02.02 B.12.
Moved the following to the Admin Code:
Applicants for such lot splits are required to
submit a survey of the property to be split
depicting all existing lot dimensions, all
proposed "new" lot lines, all easements of
record on the subject property, and the present
zoning and land use classification of the subject
property, as well as all pertinent yard or
setback regulations and proposed access to all
resulting parcels.
Comment [C51]: Replacing "must"
E
'9A2
Text underlined is new text to be added.
Text stFikethrough is ,tie n.�...... .. rode,. _ va
a, a = 'Bold text indicates a defined term
1 line to the garage door or plans must ensure that parked vehicles will not
2 interfere with pedestrian traffic by providing equivalent space.I _ _ _ - - Comment [c52]: Criteria. Moved from
3 # # # # # # # # # # # # # l 10.02.03 B.1.i.xv. which was the list of submittal
requirements in the SDP section. Duplicated in
4 4.07.02 for PUDs
5 4.07.02 Design Requirements Comment [C53]: New language:
6 F. Off - street parking and off - street loading requirements shall be as for comparable type, 'Perpendicular line" and "by providing
7 density and intensity of uses established in the PUD. No parking spaces on or within equivalent space°
8 any public or private road or travelway shall be counted in fulfilling the required number
9 of spaces. Landscaping for vehicular areas shall be as established in LDC section
10 4.06.00
11 11. IResidential off - street parking. Driveways must be at least 23 feet in length,
12 measured from the back of the sidewalk to the garage, to allow room to park a
13 vehicle on the driveway without parking over the sidewalk. Should the garage
14 be side - loaded there must be at least a 23 -foot paved area on a perpendicular
15 line to the garage door or plans must ensure that parked vehicles will not
16 interfere with pedestrian traffic by providing equivalent space.I
17 # # # # # # # # # # # # #
18
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Comment [c54]: Criteria. Moved from
10.02.03 B.1.i.xv. which was the list of submittal
requirements in the SDP section. Duplicated in
4.05.04 for regular development.
Comment [C55]: New language:
"Perpendicular line" and "by providing
equivalent space"
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Chapter 5. Supplemental Standards
Administrative Code Reference
Admin Code
Section and Title:
Ch. 3 B Boat Dock (Boathouse Establishment, Dock Facility Extension,
Boat Lift Canopy)
LDC Notice Section
10.03.06 H.
LDC Changes:
5.03.06
• Added language to section 5.03.06 to reference Admin. Code
and updated cross references.
Revision:
6/5/13 CC
5.03.06 Dock Facilities
H. Dock facility_extension. Additional protrusion of a dock facility into any waterway
beyond the limits established in LDC subsection 5.03.06 E. °f this vvcr ^d may be
considered appropriate under certain circumstances. In order for the Planning
Commission to approve the boat dock extension request, it must be determined that at
least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met.
These criteria are as follows:
Procedures for approval of docks, dock facilities, and boathouses.
1. The Administrative Code shall establish the procedures and submittal
requirements Pi96eduFes for the issuance of permits for docks, dock facilities,
and boathouses. Notice procedures are provided in LDC section 10.03.06.
Chapter 10 efftiis; i nr
2. All dock facilities are subject to, and shall comply with, all federal and state
requirements and permits, including, but not limited, to the requirements and
permits of the DEP, the U.S. Army Corps of Engineers, and the U.S.
Environmental Protection Agency.
3. Nonresidential dock facilities shall be subject to all of the provisions of LDC
section 5.03.06 °f tmoo, with the exception that protrusions for nonresidential
dock facilities beyond the specified limits shall be determined administratively
by the County Manager or designee at the time of site development plan
review, based on an evaluation of the criteria in LDC subsection 0.03.06 titG#4 - _ - Comment [C56]: Corrected cross reference
# # # # # # # # # # # #
Administrative Code Reference
Admin Code
Ch. 4 L Temporary Permits
Section and Title:
LDC Notice
N/A
Section:
LDC Section:
5:04.01
• Relocating temporary permit language from 10.02.06 G.6 -9 to
5.04.01 C -F in order to consolidate the temporary permit
provisions.
Revision:
6/5/13 CC
5.04.01 Temporary Use Permits
A. Purpose and intent. Based upon the nature of some uses, their impact on adjacent
uses, their compatibility with surrounding properties, and the length of time a use is
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Text underlined is new text to be added.
T-ex! stFikethmugh is r111
and intent FeleGated te-tte Administrative Code or revised
Bold text indicates a defined term
1 intended to function, there is an identified need to allow certain temporary uses within a
2 development site, and to provide for other types of temporary uses such as special
3 events, sales and promotions. It is the intent of this section to classify temporary uses
4 and to provide for their permitting.
5 B. General. The County Manager or designee may grant a temporary use permit for
6 requests that demonstrate compliance with the intent of this section and Chapter 5 of the
7 LDCGede. Approvals for such requests shall be based upon, but not limited to, the
8 applicant's description of the temporary use, the intended duration of the use, hours of
9 operation and the impacts of the proposed temporary use on adjacent properties.
10 LC. Indemnification The applicant shall be required to indemnify and hold harmless Collier
11 County, its officers, agents and employees from and against all claims suits actions
12 damages, liabilities expenditures or causes of action arising out of or occurring during
13 the activities of applicant under a permit issued hereupon in the form and manner
14 provided by the County Manager or designee.
15 D. Cancellations and postponements.
16 1 If a permitted event is canceled or postponed the applicant shall furnish Collier
17 County with written notification of such cancellation or postponement and the
18 reason(s) for same. It is understood that weather conditions may cause last
19 minute cancellations: however, the applicant shall make every effort to notify the
20 county staff prior to the scheduled commencement of said event. If the event is to
21 be re- scheduled, notice of the date and time of the rescheduled event shall be
22 provided.
23 2. If a permitted event is postponed the permit will be amended to reflect the
24 rescheduled event dates and a copy will be provided to the applicant prior to the
25 event.
26 3. If an event is cancelled and the County is notified prior to the initially proposed
27 commencement date the number of days used will not count towards the
28 maximum number of authorized days afforded for events by the LDC.
29 E. Suspension or revocation. Failure to comply with the terms and conditions of the
30 temporary use permit once issued, shall be -grounds for immediate suspension of the
31 permitted activity until such time as the noncompliance is remedied A permit may be
32 revoked, without refund, for established public safety and welfare issues The
33 suspension or revocation shall be initially communicated verbally followed by a written
34 suspension or revocation order. The continued failure to comr)ly with the terms and
35 conditions of a previously suspended permit may result in the revocation of said permit
36 F. Violations. The failure to obtain a required Temporary Use Permit and /or the failure to
37 cease activities authorized by such a temporary use permit including the removal of any
38 displays, structures, merchandise equipment, signs or banners authorized by said
39 permit, upon expiration suspension or revocation shall establish a violation of the LDC
40 and shall be sub'ect to the penalties established within the LDC.
41 # # # # # # # # # # # # #
42
Administrative Code Reference
Admin Code
Chapter/Section:
Ch. 4 J.1 -7 Temporary Permits
LDC Notice
Section:
N/A
LDC Changes:
5.04.05:
• Added language to section 5.04.05 to reference Admin. Code
Revision:
6/5/13 CC
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9A2
- _ - Comment [C57]. 5.04.01 C, D. E, F from
10.02.02 Temporary Permit section. No
language changes.
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5.04.05 Temporary Events
A. Special Events
1. Sales and Promotional Events
a. A temporary use permit is required for temporary sales and /or
promotional events on non - residential property, such as grand openings,
going out of business sales, special promotional sales, sidewalk sales,
overstock sales, tent sales, or other similar uses for sales and
promotional events related to the principal activities in operation at the
subject property, unless otherwise provided for in this section.
b. The Administrative Code shall establish the procedural requirements for a
A temporary use permit for sales or promotional events_ shallF °„tee
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Admin Code Section
Ch. 4 L.4- Film Permit
and Title:
in coniunction with commercial motion picture, film, television, video or still photography
LDC Notice Section:
N/A
LDC Changes:
5.04.08:
• Relocating film permit section 10.02.06 G.10 to section
5.04.08 to consolidate all temporary use permits in LDC
chapter 5.
Revision:
6/5/13 CC
�.04.08 [Resewed] Film Permit
------------
comment [c58]: From 10.02.06 GA 0.
_ _ _ _
A. Film Permit Required. A permit shall be required for the following activities taking place,
in coniunction with commercial motion picture, film, television, video or still photography
production: the use of set scenery, temporary structures or other apparatus, special
effects or closure of public streets or accessways. The LDC shall not apply to bona fide
newspaper, press association, newsreel or television news media personnel, nor to
properties that have been zoned to allow motion picture /television filming as a permitted
use.
B. Procedural Requirements. The Administrative Code shall establish the application
requirements and review procedures for a Film Permit.
C. Insurance requirements. The applicant shall maintain in force at all times during the
permit period a comprehensive general liability policy with limits other than those
described in the Administrative Code �s determined by the risk management director -
-
comment [c59]: Previously "G.3.b.ii. and b.iii.
_
upon a review Of the particular circumstances Involved. Said applicant shall provide to -
above of this Code as determined by the risk
the County Manager or designee a certificate of insurance as evidenced that said
management incorrect but the This cross reference was
intent was to reference
insurance is in existence and certifying that Collier County is named insured, and that
G.10.b.ii. and b.iii. which were submittal reps
Collier County be given 30 days' notice prior to the expiration or cancellation of the
and are now in the Admin Code.
policy. Any additional insurance requirements for filming on private property will be at the
discretion of the affected property owner.
D. Indemnification. The applicant shall be required to indemnify and hold harmless Collier
County, its officers, agents and employees from and against all claims, suits, actions,
damages, liabilities, expenditures or causes of action arising out of or occurring during
the activities of applicant under a permit issued hereupon in the form and manner
Provided by the County Manager or designee.
E. Permit fee. No permit fee shall be required. Any additional license or user fees which
have been established for county -owned land or facilities shall be in effect.
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F. Issuance of Permit Upon presentation of the completed application proof of insurance
payment of permit fee, surety bond or cash payment in lieu of the bond and review by
the County Manager or designee the permit may be issued If the County Manager or
designee determines that the use of public or private property could affect the public's
circumstances could include, but are not limited to, closure of a public street or
accessway: use of special effects including incendiary or explosive devices: a large
production crew or crowd control: and increased liability insurance required The notice
for the public hearing shall be advertised in a newspaper of general circulation in the
county at least 1 time 15 days prior to the hearing
G. Suspension of permit Failure to comply with the terms and conditions of the temporary
use permit once issued shall be grounds for immediate suspension of the permitted
activity until such time as the noncompliance is remedied. The suspension shall be
initially communicated verbally, followed by a written suspension order and continued
failure to comply with the terms and conditions of the permit may result in revocation of
the permit.
H. Costs for extraordinary services. The County shall recover direct costs for extraordinary
services rendered in connection with a production. Such costs shall include but not be
limited to, charges for personnel and /or equipment committed in support of the
production which are outside the normal scope of government services. Based on the
information contained in the permit application, an estimate of these costs will be
provided to the applicant prior to issuance of this permit. The County may require
prepayment of all or a portion of these estimated costs prior to issuance of the permit.At
the conclusion of the production, actual costs below or in excess of the estimates will be
refunded by the County or paid by the applicant respectively.
I. Surety bond. A surety bond in an amount to be determined by Collier County and issued
by a company authorized to issue bonds in Florida or cash payment in lieu of the bond
may be required by the County Manager or designee to provide for cleanup and /or
restoration of the subject site(s).
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Admin Code Section
and Title:
Ch. 6. E Alcohol Distance Waiver
LDC Notice Section:
N/A
LDC Changes:
5.05.01:
• Added language LDC section 5.04.08 to reference Admin.
Code
Revision:
6013 CC
5.05.01 Businesses Serving Alcoholic Beverages
A. Sale of alcoholic beverages. The County Manager or designeeT may authorize the sale
of alcoholic beverages for consumption on -site, subject to compliance with all zoning
restrictions and the following locational criteria:
5. The procedures for approval of a site for the sale of alcoholic beverages are set
forth in Chapter 10 and the Administrative Code.
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' 9A2
Comment [C60]. Replacing "he /she"
Replacing -he/she-
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6. The BZA may, by resolution, grant a waiver of part or all of the minimum distance
requirement set forth herein if it is demonstrated by the applicant and
determined by the BZA that the site proposed for the sale and consumption of
alcoholic beverages is separated from an established business whose primary
function is the sale of alcoholic beverages for consumption on -site, from the
school, child care center, public library, church, public park or public
playground by natural or manmade boundaries, structures, or other features
which offset or limit the necessity for such minimum distance requirement. The
BZA's decision to waive part or all of the distance requirement shall be based
upon the following factors:
a. The nature and type of natural or manmade boundary, structure, or other
feature lying between the proposed establishment and an existing school,
child care center, public library, church, public park, or public
playground which is determined by the BZA to lessen the need for the
total 500 -foot distance requirement. Such boundary, structure, or other
feature may include, but is not limited to, lakes, marshes, nondevelopable
wetlands, designated preserve areas, canals, and major rights -of -way.
b. The paths of vehicular and pedestrian traffic which could be taken
between the alcoholic beverage establishment and the school, child care
center, public library, church, public park, or public playground.
C. The hours of operation and the noise and light which could potentially be
generated from the premises selling alcoholic beverages.
d. The Administrative Code shall establish the submittal requirements and
pRrocedures for the waiver of distance requirements. aFe set forth ;a
Ghaptel: 4-0.
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Admin Code
Ch. 6 G Automobile Service Station Waiver
-Chapter/Section:
LDC Notice
10.03.06 U
Section:
LDC Changes:
• Relocating similar language from 9.04.07 and 5.05.05 E to 5.05.05
B.
• 5.05.05 E.1 contained similar language to 9.04.07 in the variance
chapter. However, this process is for a distance waiver, not a
variance.
• The provisions for the waiver were under 5.05.05 E, however, this
section identifies the requirements for service stations located
adjacent to residentially zoned or residentially developed properties.
• 5.05.05 B identifies the required distance from adjacent automobile
service stations.
Revision:
6/5/13 CC
5.05.05 Automobile Service Stations
A. The purpose of this section is to ensure that automobile service stations do not
adversely impact adjacent land uses, especially residential land uses. The high levels of traffic,
glare, and intensity of use associated with service stations, particularly those open twerrty-feuF
(24) hours, may be incompatible with surrounding uses, especially residential uses. Therefore,
in the interest of protecting the health, safety, and general welfare of the public, the following
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9A2
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And ode OF Fev*,;Prt
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1 regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and
2 permitted sales and service activities of automobile service stations.
3 B. Table o sSite design requirements,=
4 1. Table of site desi n re uirements
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_ _ __ _ _ _ _ _ _ _ - Comment [C61]: Existing table
applicant and determined by the BZA that the site proposed for
development of an automobile service station is separated from
another automobile service station by natural or man -made boundaries
structures, or other features which offset or limit the necessity for such
minimum distance requirements. The BZA's decision to waive part or all
of the distance requirements shall be based upon the following factors:
i. Whether the nature and type of natural or manmade boundary,
structure, or other feature lying between the proposed
establishment and an existing automobile service station is
determined by the BZA to lessen the impact of the proposed
service station. Such boundary, structure, or other feature may
include, but is not limited to, lakes, marshes, nondevelopable
wetlands, designated preserve areas, canals, and a minimum of
a 4 lane arterial or collector right -of -way.
ii. Whether the automobile service station is only engaged in the
servicing of automobiles during regular, daytime business hours,
or, if in addition to or in lieu of servicing, the station sells food,
gasoline, and other convenience items during daytime, nighttime
or on a 24 hour basis.
iii. Whether the service station is located within a shopping center
primarily accessed by a driveway, or if it fronts on and is
accessed directly from a platted road right -of -way.
iv. Whether the granting of the distance waiver will have an adverse
impact on adjacent land uses, especially residential land uses.
b. The Administrative Code shall establish the submittal requirements for an
automobile service station waiver request. The request for an automobile
service station waiver shall be based on the submittal of the required
application, a site plan, and a written market study analysis which justifies
a need for the additional automobile service station in the desired
location.
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Comment [C62]: Relocating Wavier section
from 9.04.07. Minimal changes. B.1- B.3
Site Standards_ _
Minimum lot area (sq. ft.)
30,000
Minimum lot width (ft.)
150
Minimum lot depth (ft.)
180
Separation from adjacent
500
automobile service stations
(ft.) (based on distance
between nearest points)
Minimum setbacks, all
50
structures:
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Front yard
40
Side yard
Rear yard
9 A 2
_ _ __ _ _ _ _ _ _ _ - Comment [C61]: Existing table
applicant and determined by the BZA that the site proposed for
development of an automobile service station is separated from
another automobile service station by natural or man -made boundaries
structures, or other features which offset or limit the necessity for such
minimum distance requirements. The BZA's decision to waive part or all
of the distance requirements shall be based upon the following factors:
i. Whether the nature and type of natural or manmade boundary,
structure, or other feature lying between the proposed
establishment and an existing automobile service station is
determined by the BZA to lessen the impact of the proposed
service station. Such boundary, structure, or other feature may
include, but is not limited to, lakes, marshes, nondevelopable
wetlands, designated preserve areas, canals, and a minimum of
a 4 lane arterial or collector right -of -way.
ii. Whether the automobile service station is only engaged in the
servicing of automobiles during regular, daytime business hours,
or, if in addition to or in lieu of servicing, the station sells food,
gasoline, and other convenience items during daytime, nighttime
or on a 24 hour basis.
iii. Whether the service station is located within a shopping center
primarily accessed by a driveway, or if it fronts on and is
accessed directly from a platted road right -of -way.
iv. Whether the granting of the distance waiver will have an adverse
impact on adjacent land uses, especially residential land uses.
b. The Administrative Code shall establish the submittal requirements for an
automobile service station waiver request. The request for an automobile
service station waiver shall be based on the submittal of the required
application, a site plan, and a written market study analysis which justifies
a need for the additional automobile service station in the desired
location.
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Comment [C62]: Relocating Wavier section
from 9.04.07. Minimal changes. B.1- B.3
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=! a�e.,,,a s....., i nr•
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C. Additional conditions. The BZA shall have the right to add additional
conditions or requirements to its approval of a distance waiver request, in
order to insure compatibility of the automobile service station with the
surrounding area and the goals and objectives of the GMP.
* * * * * * * * * * * * *
E. Automobile service station sites shall be separated from adjacent residentially zoned
or residentially developed properties by an architecturally designed si*{6) foot high
masonry wall or fence utilizing materials similar in color, module, and texture to those
utilized for the building. Landscaping shall be planted on the residential side of the
fence or wall.
I; The RZA ma„ by resolution, grant a waiVeF of part er all of the minimum
separatiGR on +s set forth herein if it is demonstrated by the a nl:sant
nd determined by the BZA that the site n ed for development of an
automobile s station ' rated from " o +her automsh ill s s
station by oat al n maR made bo radar' c+rUot, gyres other features which
offset or limit the sity for c ohm m distance r onto The R7A's
fellow Rg s
a \Nhe +her the na+ nd typo of natural n maRmade ho ndary str n+ r
or n +tor feat re L,'nn between the n od osM hGsh men+ and An
ex 'c +'n ute.mebile serviee station is determined by the R7A to lessen or
,
other feature nd do but is not limited +o lakes rshes o
ondeyelepahle wetlands designated preserve als nd a
MiRMUITI of a fn r /4\ lane arterial o e llee.te.r right a f- %ya.e
h Ulhe +her the ante rAph:le seplice station is rah, n ed in the s
eF in lie of s o the stn +Inn cells fend gasG!iRe, nd ether
e Items during daytime rah +time n a twee t)' four MA\
iie�asis-
e. VVhe +her +he sew se s tation is Iodated y +h'n shopping n nter n r'h,
aaGGe ,sed by a driveway, r if it fre.n +s n nd is ed diren +ly from a
platted read Fight Of Way.
d Whether- the n antinn of +he distan ., ill higyp n .mrs.�
ad .
ne ,,a,nr , w n m n nn +
en adjacent land uses os nnniall.r rr�siden +:al land roes i
L Comment [C63]: Conflict corrected. 5.05.05
* * * * * * * * * * * * * E.1 contained similar language to existing
section 9.04.07 - variances.
420. Exceptions: Moved existing language in 9.04.07 to 6.1
# # # # # # # because it is a waiver, not a variance. 9.04.07 is
more complete than 5.05.05 EA
Administrative Code/ LDC Amendment Overview
Admin Code
Ch. 4 A. Architectural Plans
Section and Title:
LDC Notice Section:
N/A
LDC Notes:
5.05.08:
• Reorganized 5.05.08 C. to accommodate Admin. Code
provisions.
• Added language to reference Admin. Code and submittal
requirements.
Revision:
6/6/13 CC
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5.05.08 Architectural and Site Design Standards
C. Building Design Standards.
9 A 2
5. Project Standards.
a. An applicant must submit architectural drawings and a site development
plan or site improvement plan according to LDC Ssection 10.02.03 Site
Development Plans of t and the Administrative Code to comply with
this LDC Ssection 5.05.08. Architectural drawings must be signed and
sealed by a licensed Architect who is responsible for Preparing the
drawings, and who is registered in the state of Florida as set forth in F.S.
Chapter 481.
_ _ _ - Comment [C64]: Relocated from 5.05.08
elev �� C.5.b
°Q1 ^P. __ ._ - - - - - - - - - - - - - __ - - - _ , _ - - - - _ _ _ __ _ _ _ _ _ _ - _ _ _ - Comment [C65]: Moved to Admin Code
lb. AFGhitectuFal dFaWngs MUISt be signed and sealed by the liGensed
r yio +r,�,r, ^lid iR the state of FleFidn n set f Fth in .. r
Ch + X481 f th CI '.J
Statutes ------------------------------------------------ Comment [C66]: Relocated above in 5.05.08
sb. Building design treatments. Each building facade must have at least C.5.a
four of the following building design treatments:
dc. Site design elements. All projects must have at a minimum of two of the
following:
E. Site Design Standards. Compliance with the standards set forth in this section must be
demonstrated by submittal of architectural drawings and a site development plan in
accordance with the Administrative Code and LDC Ssection 10.02.03_ Site Deve!GpFne#
PlaRS ef this Code.
F. Deviations and Alternate Compliance. The following alternative compliance process is
established to allow deviations from the requirements of this sSection as approved by
the County Manager or designee-
1 . Review and approval procedure. Upon request by the applicant, the County
Manager or designee may administratively approve a Site aad Development
Plan application that includes an alternative architectural design and site
development plan that may be substituted in whole or in part for a plan meeting
the standards of Ssection 5.05.08. Approved deviations are allowed only as to
the specific design and plan reviewed. Any modification to an approved design
shall necessitate re- review and approval by the County Manager or designee.
2. Review criteria. In approving an alternative plan, the County Manager or
designee must find that the proposed alternative plan accomplishes the purpose
and intent of this Ssection, in the same maRReF as the ^F^ euld. If the
plan is approved through this sectionprevisier4, the Ssite 13development Rplan
approval letter shall specifically note the deviations and the basis for their
approval.
3. The Administrative Code shall establish the Ssubmittal requirements for the
Deviations and Alternate Compliance process.
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# #
�
b
e.
ArhiteotU
"Alternative
al .d
e pla
Arrh'teE4uralles'gn
nr!
/o Site ede
Standards
eln
n+ nla
Plan".
clearly
This
lahelerl
a
+inn is
aR
identify
the seot'n
majority of the Permit Application and Review Process
ers fro
m this
S
from ,�i
hiGh the
pill -MUS
edeyia
being requested.
• Relocated language from section 5.06.11 - Permit
Rum
that s
e'feally
-Gt'nn
ident'f'e
all
relocated in the LDC.
of Section
for
A
statemep+
#
narrative
b 05 08
from
the
deviatie—ns
references. Noted the removal of submittal requirements and
requested,
standards
nr1
the '
st'fiGation
the
which
This
st Atomen+
m
are
Us+ Opel
u.de a deseriptiop
of hew
the
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al +ernatiy
plan
a
nl'shes
the
and
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purpose
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identified.
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with
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#
Administrative Code/ LDC Amendment Overview
Admin Code Section
Ch. 4 J.- Sign Permit
and Title:
LDC Notice Section:
N/A
LDC Changes:
5.06.02 B:
• Relocated language from section 5.06.11 - Permit
Application and Review Process to 5.06.02. B.1.g. The
majority of the Permit Application and Review Process
section was moved to the Admin. Code but the LDC
requirement needed to be relocated.
5.06.04 C:
• Relocated language from section 5.06.11 - Permit
Application and Review Process to 5.06.04 C.10. As noted
above, the LDC requirement needed to be retained and
relocated in the LDC.
• Relocated revised and updated language to be retained in
the LDC from 5.06.11 AA.g. to 5.06.04 F.4.g
5.06.11:
• Reorganized LDC section 5.06.011 to include Admin Code
references. Noted the removal of submittal requirements and
relocation standards to sections 5.06.02 and 5.06.04.
Revision:
6/5/13 CC
5.06.02 Development Standards for Signs within Residential Districts
B. Applicability. Signs within residential zoning districts, and in designated residential
portions of PUD zoned properties shall be permitted as provided for in this section.
1. Development standards.
a. Maximum allowable height. All signs within residential zoning districts,
and as applicable to designated residential portions of PUD zoned
properties, are limited to a maximum height of 8 feet, or as otherwise
provided within the LDCthi6 Cede. Height shall be measured from the
lowest centerline grade of the nearest public or private right -of -way or
easement to the uppermost portion of the sign structure.
b. Minimum setback. All signs within residential zoning districts and as
applicable to designated residential portions of PUD zoned properties
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9A2
-fCoirrm IM6 Moved to the Admin Code
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shall be located no closer than 10 tea feet from the property line, unless
otherwise noted below or as provided for in LDC section 9.03.07e
U)G. When a property line encompasses a portion of the roadway, then
the setback shall be no less than 10 feet from the edge of the roadway,
paved surface or back of the curb, as applicable, unless otherwise
provided for in this section.
C. If the applicant is not the property owner, then a copy of a notarized
authorization letter between the property owner or property manager and
the applicant is required, specifically authorizing approval of the erection
of a sign on the subject parcel.
d. Double -faced signs shall be measured by only one side if both sides are
the same.
e. The use of fluorescent colors on signs is prohibited.
f. The permit number shall be displayed or affixed at the base of the sign
structure and shall have the same life expectancy as the sign. Such
permit number shall be clearly legible to a person standing 5 feet in front
of the base of the sign and, in no case, shall the permit number be less
than % inch in size.
kt. For any ground sign over 32 sq. feet or over 8 feet in height construction
drawings shall be certified by a Florida registered engineer or a Florida
registered architect. The construction drawings shall contain the plans
and specifications, the method of construction and the method of
attachment to the building or the ground for pole signs and all projecting
Comment [C68]: Language relocated from
# # # # # # # # 5.06.11 AA.f
5.06.04 Development Standards for Signs in Nonresidential Districts
C. Development standards.
* * * * * * * * *
9. No signs shall be permitted on a vacant lot or parcel, unless a building permit
or clearing permit has been issued, with the exception of real estate signs which
may be allowed on parcels less than 10 acres.
110 For any ground sign over 32 sa feet or over 8 feet in height construction
drawinas shall be certified by a Florida registered engineer or a Florida registered
architect. The construction drawings shall contain the plans and specifications
the method of construction and the method of attachment to the buildincl or the
round for pole signs and all proiecting signs. _ - Comment [C69]: Language relocated from
* * * * 5.06.11AAJ
On- premise signs. On- premises pole signs, ground signs, projecting signs, wall signs,
and mansard signs shall be allowed in all nonresidential zoning districts subject to the
restrictions below:
* * * * * * *
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 unit in a
multiple- occupancy parcel. End units within shopping centers and multiple -
occupancy parcels, or single occupancy parcels where there is double frontage
on a public right -of -way, shall be allowed 2 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 3
wall signs,- however, the combined area of those signs shall not exceed the
maximum allowable display area for signs by the LDCth+s Cede.
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Text underlined is new text to be added.
Text S#ik9thFGWgh 06 tie
relocated na.., .. ,, rode or
.nd intent Bold text indicates a defined term
1 Wall signs, or any separate part thereof, which is to be affixed to a wall
2 shall be fastened flush with the surface with fasteners which shall have
3 the capacity to carry the full load of the sign or separate part thereof
4 under wind load conditions of the approved Collier County Building Code
5 Ordinance [Code & 22 -106 et seg.1, Flood Ordinance (Code ch. 62. art.
6 III, and the Coastal Building Zone Ordinance rCode ch. 22, art. VIIII. Any
7 such sign or separate part thereof which is not mounted flush with the
8 surface and which weighs more than 20 pounds shall have a Florida
9 registered engineer design the mounting or fastening system and depict
10 the system on signed and sealed drawings which shall accompany the
11 permit application.I
12 # # # # # # # # # # # # #
13 5.06.11 Permit Application and Review Process for Signs
14 A. Building Permit applications for signs.
15 1. General. Any person who wishes to construct, install, rebuild, reconstruct,
16 relocate, alter, or change the message of any sign shall apply for and receive a
17 building permit in accordance with Collier County Ordinances and the Florida
18 Building Code as adopted by Collier County prior to the commencement of any
19 work. A building permit will be issued by the County Manager or designee,
20 provided that all permit requirements of the LDCGede and all other applicable
21 provisions of the Collier County ordinances and regulations have been met.
22 2. Process. The Administrative Code shall establish the application requirements
23 and review process for sign permits. All drawings, plans, and specifications for
24 pole signs, proiecting signs, and any ground sign over 32 square feet or over 8
25 feet in heiaht must be submitted and certified by a Florida reaistered desian
6
a
_ - Comment [C70]: Language relocated from
5.06.11 A.4.g. Language updated /revised for
clarity.
26 rofesslonal. - _ - Comment [C71]: Language relocated from
27 Vii. Expiration of permit. Building permits shall expire and become null and void if 5.06.11 AAA
28 the work authorized by such permit is not commenced and inspected within six
29 months from the date of issuance of the permit. _ - comment [C72]: Relocated from below, A.5
30 24. Permit fees. A building permit fee shall be collected pursuant to the fee
31 schedule set forth by resolution.
32
33 .
34 it to
35 - -- --- --.... --- ---- - - - - -- - ---- -----
------
36 SigR URder the provision of this Gede, an appliGant shall submit a Gemplete
37
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39 a Then address and telephone number of +he� /..\ n o..d log. of
40 .
41 b. The leg the s #eet ad-d-ressef, the p pe#y 61PGR WhiGh
42 the SigR
43 G. The .+6v.ono:o of +hn c heigh«
pnh �.tinn
44 d The ornphiGGimeoo.. a to be planed nn the n foon
45 e. (l +her infl.rmatinn r roe! in the n mi+ ° plio-.+ion fe i:ms n vide d by «+,o
46
47 domen6mened elevatien dFaWiRgS of the proposed sign and ideRtif"Gatien 9f
48 the
,Jire;
49 ;;.A .d . «ep, SmgRS n the °, ,hie,,.+ n et
550 Two dFa oerHf:ed by o FIeFida registered eRgineep 9F a Glenda
51
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Comment [C73]: Prior 5.06.11 A.4 thru 4.e
moved to Admin Code
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And intent Felesated t
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over 8 fee+ n h° ah+ I- - Comment [C74]: Language relocated to
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a-4 5.06.02 B.t.g and 5.06.04 CA for consistency.
9. Wall signs, er any separate eFne�i�s- to- beamned- �a -.,�.. _ _ y
shall be fastened flush vi +h the s rfae with fasteners kwh'eh shoo 4ye - Comment [C75]: 5.06.11 A.4.g language
the ^ ni +. +e ^ n, +. full leard of the ra +e r,art +her °ef revised and relocated to 5.06.04 F.4.g
rated the +eohnloal m s by whioh this is to he " ol'sheef
^^° ^' ^ ^^^''' Comment [C76]: Admin Code.
!i. The permit number shall �l be displayed ^r - affixed -, + +h° base of the �., - '
ocvrcncs�••,n
c +r s+6 r art shall have the same life ° eatano.. as the s C eh
'+ n mhnr shall he nlearly leg ble +e sta Rd Rg five feet iR
po...,,,,.
frnn+ of +he hate of the SigR ne•I 'n shall the n m'+ a mber he
lecccc than nne half inr•h in height -{ Comment [C77]: Admin Code.
'5 C.enira +inn of perm+ Building perm' +s shall expire, and b.eGGMe n II age+ vE)id
+he wnrk At +hnr'znd by s nh per.m.4 's nn+ e eed and 'n eo+ed w thin SiX
man+hs from +he rla +e of issI Zane -e, of +hey r.°r..,"+ _ _ - Comment [C78]: 5.06.11 A 5 relocated above
oermi +nnn l. --------- - -- - - --
Ilsatien Review and Time m +a 'I (nee reG t Gf a ete eFFA4 to 5.06.11 A.3
app!;GatiE)R and UPGR paymeRt ef the appropriate permit fee by the , the GeuRty Comment [C79]: 5.06.11 B moved to th
Admin Code._ j
,i off t
The ('n nfi. ItAanan°r nr aes - _ _ _ - - _. - _. - _ - - - ..
'� shall issue then .nit 'f '+ is ed +ha}
the ol'ea +'ea meets }her en }s een+a'ned iR +h's 6igR GFdinanee aarl ' +'s
determ:r.ed that the a ed sign will not . elate a . building elect: Gal a a +her
2. The rep nt„ Mana ^ °;- o"- de siQ;@e shall d eR ;= +h e �eFm:+ 'deteF� ;ed -tha+ t
A-ins fair ddenial exists, inGluding RGAGOMPlianGe with this SigR
f nY Rty Mama °r nr de6i ^n 88 shall maLo .ri++on r nor+ of the denial and the
Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals.
Comment [C80]: 5.06.11 C moved to the
Admin Code.
1. Within 30 days of the date of the written denial, ihe appliGant depi4sent by
- -
Comment [C81]: Deleting language "the
- - - --
certified mail return receipt requested by the County Manager or designee, the
applicant denial" to make the sentence structure
a lican , ma appeal eal the permit denial to the bBuilding bBoard of
p
a bit clearer. 080513
- - - - - - - - - - - - - - - - - - - --
a�ipp - -y -pp
eats.
- -
Comment [C82]: Deleting comma to improve
a "ac
2 Are uest fora eel shall be filed in writin Such re uest shall state the basis
sentence structure 080513
q pp g1 q
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
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applicant. The bBuilding bBoard of aAdjustments and aAppeals; shall hold an
advertised public hearing on the appeal and shall consider the denial of the
County Manager or designee or O*ef [building official, whichever is applicable;_ _ _ - comment [csa7: COA change
3. Time limitations on appeals. The Board of Zoning Adjustment and the Building Board of
Adjustments and Appeals shall make their decision on an appeal within 60 days after a
request for an appeal has been filed in writing. Any appeal that has not been acted upon
by the applicant within 6 months of the applicant filing the appeal will be determined to
be withdrawn and cancelled unless extended by the BCC. Further review and action on
the appeal will require a new application subject to the then current LDCeede.
# # # # # # # # # # # # #
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Chapter 6. Infrastructure Improvements and Adequate Public Facilities Requirements
Administrative Code/ LDC Amendment Overview
Admin Code
N/A
Section and Title:
LDC Notice Section:
N/A
LDC Changes:
6.01.02:
• Relocating language from 10.02.04 B.1 to 6.01.02, where had
originally been established.
• The protected /preserve area and easement was located in the
plat and plans sections which are to be rewritten. The
protected /preserve area and easement section needed to be
relocated to a standards LDC section rather than a process
oriented section.
Revision:
6/5/13 CC
6.01.02 Easements
If applicable, easements shall be provided along lot lines or along the alignment of the
improvements requiring easements in accordance with all design requirements so as to provide
for proper access to, and construction and maintenance of, the improvements. All such
easements shall be properly identified on the preliminary subdivision plat and dedicated on
the final subdivision plat.
A. Utility easements.
B. Drainage easements.
C. Protected /preserve area and easements. FGF .,r^,,,S;^„6 Felatea to ,, AFAteGted�pFesePve
a o iG
eRts R 10 02 nn o 1 „f+h•s r—Ade �A nonexclusive easement
or tract in favor of Collier County, without any maintenance obligation, shall be provided
for all "protected /preserve" areas required to be designated on the preliminary and final
subdivision plats or only on the final subdivision plat if the applicant chooses not to
submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to
or abutting a protected /preserve area required to be designated on the preliminary and
final subdivision plats, or only on the final subdivision plat if the applicant chooses
not to submit the optional preliminary subdivision plat, shall have a minimum setback
as required by the LDC, or other setback that may be approved as a deviation through
the PUD approval process by the Board of County Commissioners from the boundary of
such protected /preserve area in which no principle structure may be constructed. The
required preserve principal structure setback line and the accessory structure
setback lines shall be clearly indicated and labeled on the final plat where applicable.
Further, the preliminary and final subdivision plats, or only on the final subdivision plat
if the applicant chooses not to submit the optional preliminary subdivision plat shall
require that no alteration, including accessory structures, fill placement, grading plant
protected /preserve area boundary. Additional regulations regarding preserve setbacks
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Comment [C84]: Deleted "his" 080613
9A2
Text underlined is new text to be added.
Text GtFqkethFGugh is
Bold text indicates a defined term
2 regardless if they are platted or simply identified by '6 recorded conservation easement. - Comment [C85]: Added an °a° to make the
3 The boundaries of all required easements shall be dimensioned on the final - sentence bit clearer 080613
4 subdivision plat. Required protected /preserve areas shall be identified as separate
5 tracts or easements having access to them from a platted right -of -way. No individual
6 residential or commercial lot or parcel lines may project into them when platted as a
7 tract. If the protected /preserve area is determined to be jurisdictional in nature.
8 verification must be provided which documents the approval of the boundary limits from
9 the appropriate local, state or federal agencies having jurisdiction and when applicable
10 pursuant to the requirements and provisions of the growth management plan. All
11 required easements or tracts for protected /preserve areas shall be dedicated and also
12 establish the permitted uses for said easement(s) and /or tracts on the final subdivision
13 plat to Collier County without the responsibility for maintenance and /or to a property
14 owners' association or similar entity with maintenance responsibilities. An applicant who
15 wishes to set aside, dedicate or grant additional protected preserve areas not otherwise
16 required to be designated on the preliminary subdivision plat and final subdivision
17 plats, or only on the final subdivision plat if the applicant chooses not to submit the
18 optional preliminary subdivision plat, may do so by grant or dedication without being
19 bound by the provisions of this section.
20 # # # # # # # # # # # # #
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Administrative Code/ LDC Amendment Overview
Admin Code Section
Ch. 7 C Soil Erosion and Sediment Control Plan
and Title:
LDC Notice Section:
N/A
LDC Changes:
6.01.05:
• Relocating language from LDC section 10.02.02 C (10.02.02
will be relocated /deleted in entirety) to new LDC section
6.01.05.
• This section follows LDC sections 6.01.03 Soils and 6.01.04
Removal of Exotic Plants Required, which are all requirements
for subdivisions/developments.
Revision:
6/5/13 CC
7 comment [C86]: Relocated from 10.02.04 B.1
Only minor changes.
6.01.04 Soil Erosion and Sediment Control Plan _ - Comment [C87]: updated section references
A. Soil Erosion and Sediment Control Plan. For new and existing development and and relocated from 10.02.02
construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04
and 10.02.05, a soil erosion and sediment control plan shall be prepared and submitted
Management Element of the Collier County Growth Management Plan. i _ - - Comment [C88]: updated.
11. Application. The Administrative Code shall establish the procedure and submittal 5.4.2 thru 5.4.4 no longer exist
requirements for a Soil Erosion and Sediment Control Plan. !, - _ - Comment [C89]: New language
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6.02.01 Generally
A. This section is intended to implement and be consistent with the GMP, § 163.3161 et
seq., F.S., and the Florida Administrative Code, by ensuring that all development in the
County is served by adequate public facilities. This objective is accomplished by the
following:
1. Establishing a management and monitoring system to evaluate and coordinate
the timing and provision of the necessary public facilities to serve development.
2. Establishing a regulatory program that ensures that each public facility is
available to serve development concurrent with the impacts of development on
the public facilities.
3. No approval of the final subdivision plat, improvement plans, or authorization to
proceed with construction activities in compliance with the same shall require the
County to issue a development order or building permit if it can be shown that
issuance of said development order or building permit will result in a reduction
in the level of service for any public facility below the level of service
established in the GMP, or if issuance of said development order or building
permit is inconsistent with the GMP. Anything in this section to the contrary
notwithstanding, all subdivision and development shall comply with the Collier
County requirements for adequate public facilities.
B. Procedures for determinations of vested rights for adequate public facilities are set forth
in Chapter 9 40.
C. Procedures for applications for certificates of public facility adequacy are set forth in the
Administrative Code and LDC section 10.02.07 Chapter 19.
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Administrative Code Reference
Admin Code section
and Title:
Ch. 4 C 1 -2 Certificate of Public Facility Adequacy (COA)
LDC Notice Section:
N/A
LDC Changes:
6.02.01:
• Updated section references.
• Added language to reference Admin. Code
Revision:
6/5/13 CC
6.02.01 Generally
A. This section is intended to implement and be consistent with the GMP, § 163.3161 et
seq., F.S., and the Florida Administrative Code, by ensuring that all development in the
County is served by adequate public facilities. This objective is accomplished by the
following:
1. Establishing a management and monitoring system to evaluate and coordinate
the timing and provision of the necessary public facilities to serve development.
2. Establishing a regulatory program that ensures that each public facility is
available to serve development concurrent with the impacts of development on
the public facilities.
3. No approval of the final subdivision plat, improvement plans, or authorization to
proceed with construction activities in compliance with the same shall require the
County to issue a development order or building permit if it can be shown that
issuance of said development order or building permit will result in a reduction
in the level of service for any public facility below the level of service
established in the GMP, or if issuance of said development order or building
permit is inconsistent with the GMP. Anything in this section to the contrary
notwithstanding, all subdivision and development shall comply with the Collier
County requirements for adequate public facilities.
B. Procedures for determinations of vested rights for adequate public facilities are set forth
in Chapter 9 40.
C. Procedures for applications for certificates of public facility adequacy are set forth in the
Administrative Code and LDC section 10.02.07 Chapter 19.
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Admin Code
N/A
Section and Title:
LDC Notice Section:
N/A
LDC Changes:
6.02.03:
• Relocating language from 10.02.07 CA.g to 6.02.03.
• 10.02.07 C identifies the certificate of adequate public facility
requirements and the section was completely rewritten.
• The proportionate share provisions are more appropriately
located in the transportation provision.
Revision:
6/5/13 CC
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9A2
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1 6.02.03 Transportation Level of Service Requirements
2 A. All developments that impact the traffic network shall be evaluated in accordance with
3 the Traffic Impact Study (TIS) Guidelines and Procedures.
4 B. The analysis shall show the impact on the proposed internal streets of the subdivision
5 or development and existing externally affected streets. The analysis shall be used to
6 determine the street classification, width and number of traffic lanes internal to the
7 development, and any requirements for off -site (external) improvements on the existing
8 street system per the GMP.
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Proportionate Share Pavments. Proportionate share oavments may be used to
mitigate the impacts of a development on a deficient roadway link by more than a de
minimis amount within a Transportation Concurrency Management Area in which 85
percent of the north -south lane miles and 85 percent of the east -west lane miles are
operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of
the Comprehensive Plan Transportation Element.
1. However, no impact will be de minimis if it exceeds the adopted level -of- service
standard of any affected designated hurricane evacuation routes within a TCMA.
Hurricane routes in Collier County are shown on Map TR7 of the Transportation
Element. Any impact to a hurricane evacuation route operating below the
adopted LOS within a TCMA shall require a proportionate share payment
provided the remaining LOS requirements of the TCMA are maintained.
Proportionate share payments under this section are determined subsequent to
a finding of concurrence for a proposed project within a TCMA and do not
influence the concurrency determination process. Development of an individual
single- family residence will not be required to contribute or make a
Proportionate share payment under this section.
a_ The proportionate share of the cost of improvements of such deficient
roadways is calculated according to the following formula:
Project trips impacting deficient link/SV increase X cost = proportionate
share.
i. Project trips = Cumulative number of the trips from the proposed
development expected to reach the roadway during the peak
hour from the complete buildout of a stage or phase being
approved.
ii. SV increase = The change in peak hour maximum service volume
of the roadway resulting from construction of the improvement
necessary to maintain the adopted level of service.
iii. Cost = Cost of construction, at the time of developer payment, of
an improvement necessary to maintain the adopted level of
service. Construction cost includes all improvement associated
costs, including engineering design, right -of -way acquisition,
planning, engineering, inspection, and other associated physical
development costs directly required and associated with the
construction of the improvement.
b. The cost for a deficient roadway link shall be established using a typical
"lane mile cost" of adding lanes to a roadway having a similar area
type /facility type as determined by the Collier County Transportation
Administrator.
# # # # # # # # # # #
52
hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Z
9A
Comment [C90]: Relocated from prior
10.02.07 CA.g.
�01
Text underlined is new text to be added.
- de OF revised
Bold text indicates a defined term
1 6.04.03 Fire Hydrants
2
34 ^fie-
35 A. 3. Fire hydrants shall be provided at no cost to the County in all subdivisions and
36 developments. In all Gases, fire, h,erlr. RtS shin be . FGvidea and 6paGe d OR the rnaRReF
37 PFeSGFibed by the deS'gR e-nfn e.f this seGt'eR.
38 B. All subdivisions and development shall comply with the Florida Fire Prevention Code
39 F! FPC).
40 # # # # # # # # # # # # #
41
53
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9 A 2
Comment [C91]: Amended in consultation
with the Office of the Fire Official
Text underlined is new text to be added.
And inteAt FelaGated t de or revised
Bold text indicates a defined term
Administrative Code/ LDC Amendment Overview
Admin Code
N/A
Section and Title:
LDC Notice Section:
N/A
LDC Changes:
6.05.01
• Relocating language from Code of Laws Section 2,
Administrative Code to 6.05.01.
• Code of Laws Section 2, Administrative Code will be repealed
and replace with the 2013 Administrative Code.
• Due to dated language, updates and modifications to the
provisions were made as noted below.
Revision:
6/5/13 CC
2 6.05.01 Water Management Requirements
3
4 A complete stormwater management system shall be provided for all areas within the
5 subdivision or development, including lots, streets, and alleys.
6 A. The system design shall meet the applicable provisions of the current County codes and
7 ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida
8 Administrative Code, and any other affected state and federal agencies' rules and
9 regulations in effect at the time of preliminary subdivision plat submission. Water
10 management areas will be reouired to be maintained in perpetuity according to the
11 approved plans. Water management areas not maintained will be corrected according to
12 aniproved Oans within 30 days]
13 B. Where stormwater runoff from outside the subdivision or development historically - J
14 passes on, over, or through areas of the subdivision or development, such runoff shall
15 be included in the stormwater system design. The system shall be designed for long life,
16 low cost maintenance by normal methods and provide for optimal on -site detention of ;
17 stormwater runoff and groundwater recharge in accordance with applicable County and ;
18 SFWMD regulations.
i
19 ,
20 H. Street graded. Street grades must be determined in relation to the drainage facilities
21 for the subdivision and must not exceed four oercent nor be less than 0.3 Dercent.
22 unless otherwise approved by the County Manager or designee pursuant to section
23 10.02.04 of the LDC. Street grades must be shown on the development plans by ;
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direction and oercent of fall on the road profiles.
Rainfall and runoff criteria. Ihe system must be designed for "design floods" resulting_ _
from rain storms and antecedent conditions for all system components in accordance
with current Collier County and South Florida Water Management District criteria. ;
11. Runoff coefficients.1 Existing land usage will be considered for the selection of
Proper runoff coefficients within the drainage basins involved, whether within the
region. All lakes will be set back from abutting roadways or intersections
pursuant to the design standards established in sections 22 -106 through 22 -119
of the Code of Laws and Ordinances.
`J]:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9 A 2
Comment [C92]: From Code of Laws Sec 2-
12, Exh. A, subsection C.16.a.ii Water
management areas. No changes.
Comment [C93]: From Code of Laws S
12, Exh. A, subsection C.13.n. Street graL
No changes.
Comment [C94]: From Code of Laws Sec 2-
12, Exh. A, subsection C.16.b. Rainfall and
runoff criteria. No changes.
Comment [C95]: From Code of Laws Sec 2-
12, Exh. A, subsection C.16.b.ii Runoff
coefficients. No changes
Comment [C96]: From Code of Laws Sec 2-
12, Exh. A, subsection C.16.b.i. Lakes.
Changes:
_ Lakes. Artificial lakes and retention basins
proposed as part of a stormwater retention
system for on -site water management must be
designed and, Wh8H FgElWiF@d
8dFRiRiGtFa6'0B Bede 8F other ordinances or
regulations of Collier County, state or region-
to fi�esedaty: All lakes will be set back from
abutting roadways or intersections pursuant to
the design standards established in sections 22-
106 through 22 -119 of the Code of Laws and
Ordinances.
Comment [C97]: Added language to make
the sentence complete.
Artificial lakes and retention basins proposed as
part of a stormwater retention system for on -site
water management must be designed and shall
be consistent with other ordinances or
regulations of Collier County, the state or the
region.
080613
9 A 2
Text underlined is new text to be added.
Code A FPViRPd
Bold text indicates a defined term
Stormwater outfalls. !Stormwater runoff must be conducted to positive outfalIs that can be__ _ - Comment [C98]: From code of Laws sec 2-
permanently maintained, practicably and legally. Outfalls to existing waterways, canals, 12, Exh. A, subsection C.16.c Stormwater
preserve or conservation areas, lakes or storm sewers will be acceptable provided it can ouffalls. No changes.
be demonstrated through a professional engineering study to the County Manager or
10 Department of Transportation, if applicable. The storage of stormwater runoff in
11 other existing or proposed ditches or swales within a public or private right -of-
12 way will be permitted for volume storage when approved under South Florida
13 Water Management District design criteria, but will not be utilized to satisfy the
14 stormwater storage (quality) requirements of a development's master water
15 management system.
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- Comment [099]: From Code of Laws Sec 2- 11
12, Exh. A, subsection C. 16.c.i side ditches or -J
swales. No changes.
Major waterviali Improvement or establishment of major waterways and canals will be _ , - Comment [C100]: From Code of Laws sec 2-
developed in full accord with applicable stormwater management criteria. Engineering 12, Exh. A, subsection C.16.d Major waterway.
data criteria, and suitable calculations shall be submitted to the County Manager or No changes.
Roadways over major waterways 'll be structures approved by the County - - _ Comment [0101]: From code of Laws sec 2-
Manager or designee, sized to maintain flow capacity, designed to assure long 12, Exh. A, subsection C.16.d.i. Roadways over
life and minimal maintenance. Construction must meet all current Florida major waterways. No substantive changes.
Department of Transportation Standard Specifications for Road and Bridge
Constructionl, as amended, unless otherwise approved by the County Manager or__ _ - comment [C1oz]: New language
Outfall ditches and open channels. Unless otherwise approved by the County Manager - Comment [0103]: From Code of Laws Sec 2-
or designee pursuant to section 10.02.04 of the LDC, side slopes no steeper than four to 12, Exh. A, subsection C.16.e Ouffall ditches
one will be allowed. Protection against scour and erosion will be provided as required by and open channels. No changes.
the County Manager or designee.
Roadside swales. I _ - Comment [0104]: From Code of Laws Sec 2-
�1.
Design.1 In the interest of greserving the existing natural groundwater levels,
12, Exh. A, subsection C.1613-iii.
roadways will not be designed so as to cause the significant lowering of the water Comment [C105]: From Code of Laws sec 2-
levels existing in the area prior to development. Roadside swales and ditches 12, Exh. A, subsection C. 16.f.i. No changes
may be permitted within street rights -of -way where the use of roadside swales
can be justified to the County Manager or designee through a written report
prepared by the applicant's professional engineer. Swales, where permissible
will have side slopes no steeper than four to one and they will not be utilized to
satisfy the stormwater quality (volume) requirements of a project's master water
management system. Where flow velocities in excess of four feet Der second are
gutter to the outer limits of the right -of -way. If seeding is utilized, then mulching
in accordance with the Florida Department of Transportation standards will be
required. Additionally, if seeding and mulching are utilized, then a strip of sod one
foot wide will be placed along the face of the pavement or curb section and over
the invert of any approved swale section within the runoff flowway. All swales
55
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Comment [C106]: From Code of Laws Sec 2-
12, Exh. A, subsection C.161ii. Changes noted.
_ - Comment [C107]: Change per staff: Swale
ditches shall be sodded,se� e�sesded a
lateral distance extending from the road
pavement to the top of the swale ditch
backslope
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9A2
Text underlined is new text to be added.
- de OF Fevise
Bold text indicates a defined term
subiect to erosion velocities will have adequate erosion protection in the form of
riprap or other applicable like methods.
3. Driveways across Swale ditches. Driveways across permitted Swale ditches _ - Comment [C108]: From code of Laws see 2-
must have placed beneath them drainage pipes of adequate size and type 12, Exh. A, subsection C.16.f.iii. No changes.
approved by the County Manager or designee, based on the capacity
requirements calculated by the applicant's professional engineer for the
development's master water management system.
�. Street drainage. Street drainage within the road right -of -way through grassed swales _ - Comment [C109]: From code of Laws see 2-
will be permitted for rural cross sections only except where velocities in excess of four 12, Exh. A, subsection C.16.g. No changes.
feet per second are anticipated. The flow from these swales or other types of drainage
facilities will be diverted to natural percolation areas, artificial seepage basins or
artificial lakes of at least sufficient capacity to comply with the criteria of Collier County
and the South Florida Water Management District. Other equally effective methods of
returning cleansed waters to the aquifer will be acceptable upon prior review and
County Manager or designee are taken to prevent pollutant matter from entering
the lake. Positive outfall drainage facilities will be provided away from all
percolation areas, seepage basins, detention areas and artificial lakes to handle
the runoff from storms which exceed the required design storm event in duration
and /or severity.
b. Percolation areas. the actual area required will depend on the percolation rate for the
27 the County Manager or designee, the collection of stormwater in underground
28 pipes, inlets and other appurtenances for conveyance to an intermediate or
29 ultimate outfall, the following minimum design criteria will be observed:
30 a. The minimum pipe used within a publicly maintained stormwater
31 collection system will be 15 inches in diameter.
32 b. Inlets will be spaced at such intervals and in such a manner to allow for
33 the acceptance of 100 percent of the ten -year, one -hour storm runoff.
34 C. The distance between terminating and intermediate structures must not
35 exceed those required by the Florida Department of Transportation.
36 pursuant to Florida Department of Transportation Drainage Manual,
37 Volumes 1-4 (1987 edition or latest revision).
38 d. The stormwater, underground collection system, must be so designed
39 that the elevation of the hydraulic gradient during a ten -year, one -hour
40 storm event is never higher than the crown elevation of any publicly
41 maintained roadway in the system.
42 e. The pipes must be designed to minimize sediment deposits.
43 f. The pipe materials must meet the requirements set forth in sections 943 -
44 948 inclusive of the current edition of the Florida Department of
45 Transportation Standard Specifications for Road and Bridge Construction.
46 Only concrete pipe or other pipe materials approved by the County
47 Manager or designee may be used in tidal or salt waters.
48 cl. All drainage pipes must be fitted with headwalls endwalls inlets and
49 other appropriate terminating and intermediate structures.
50 P. Stormwater disposal.1The method of ultimate disposal of stormwaters will be dependent_
51 upon the soil characteristic underlvinq the development or subdivision. All stormwaters
56
L\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Comment [C130]: From Code of Laws Sec 2-
12, Exh. A, subsection C.16.g.i. No changes.
Comment [C111]: From Code of Laws Sec 2-
12, Exh. A, subsection C.16. Changes as noted
below.
Comment [C112]: Change per staff:
Percolation areas. The actual area require
depend on the percolation rate for the soils at
the specific site and the manner in which the
site is developed in accordance with Collier
County and South Florida Water Management
District criteria.
Comment [C3131: From Code of Laws Sec 2
12, Exh. A, subsection C.16.h.i
Comment [C114]: From COL 16.h.i(i) -(vii) No
changes
-- - - Comment [C115]: From Code of Laws Sec 2-
12, Exh. A, subsection C.16. No changes
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Text r : keth Fo gh' .. Le .Ielele.i [...... I nr
Bold text indicates a defined term
will be subiected to treatment for the removal of petroleum residues, oils, suspended
solids and other pollutants found in stormwater runoff. The method of treatment will be
determined by the applicant's professional engineer responsible for the preparation of
the stormwater management plans and specifications, and will be subject to the approval
of the County Manager or designee and the concerned state agencies.
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Admin Code
N/A
Section and
Title:
LDC Notice
N/A
Section:
LDC Changes:
6.06.01:
• Relocating language from Code of Laws Section 2, Administrative
Code to 6.06.01.
• Code of Laws Section 2, Administrative Code will be repealed and
replace with the 2013 Administrative Code.
Due to dated language, updates and modifications to the provisions were
made as noted below.
•
Revision:
6/5/13 CC
i
l
6.06.01 Street System Requirements
i
Curbs /valley gutter. 611 streets must be provided with valley gutter or curbs to provide for_
drainage. Curbs will be required at street intersections and for those areas requiring
additional vehicular protection. All required intersection curbs must extend ten feet
beyond the radius.
�f. Intersection radii. treet intersections will be provided with a minimum of a 25 -foot
radius (edge of pavement) for local or cul -de -sac streets. If two local or cul -de -sac
streets intersect at less than 90 degrees, a radius of greater than 30 feet may be
required. Intersection right -of -way lines must be provided with no less than a 25 -foot
radius or as approved by the county manager or designee.
U1. Signs he developer must provide and install traffic control signs, street name and
speed limit signs. All signs must be of noncorrosive, reflective material construction or of
a type approved by the County Manager or designee. One double -sided street name
sign of standard design as prescribed by current county standards will be provided at
each intersection for each named street unless otherwise approved by the County
Manager or designee pursuant to LDC section 10.02.04. All signs shall be in accordance
with the Manual of Uniform Traffic Control Devices MUTCD unless approved through
the PUD deviation process. 611 signs must be designated on the construction plans prior_
to their approval by the County Manager or designee.
# # # # # # # # # # # # #
57
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9A2
Comment [C116]: From Code of Laws Sec 2-
12, Exh. A, subsection C.13.g. No changes
Comment [C117]: From Code of Laws Sec 2-
12, Exh. A, subsection C. 13.h.
Change per staff:
h.. Intersection radii. Street intersections
will be provided with a minimum of a 25-
foot radius (edge of pavement) for local or
cul -de -sac streets
siresls. If two local or cul -de -sac streets
intersect at less than 90 degrees, a radius
of greater than 30 feet may be required.
Intersection right -of -way lines must be
provided with no less than a 25 -foot
radius, or as approved by the county
manager or designee.
Comment [C118]: From Code of Laws Sec 2-
12, Exh. A, subsection C.13.I. ix. Changes as
noted below.
Comment [C119]: Changes per staff:
ix.. Signs. The developer must provide and
install traffic control signs, street name and
speed limit signs. All signs must be of
noncorrosive, reflective material construction or
of a type approved by the county manager or
his designee. One double -sided street name
sign of standard design as prescribed by current
county standards will be provided at each
intersection for each named street unless
otherwise approved by the county manager or
his designee pursuant to section 10.02.04 of the
Land Development Code. A- sKeet -si@ -will be
. All signs shall be in
accordance with the Manual of Uniform Traffic
Control Devices (MUTCD), unless approved
through the PUD deviation process. All signs
must be designated on the construction plans
prior to their approval by the county manager or
his designee.
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12
Text underlined is new text to be added.
Bold text indicates a defined term
Administrative Code/ LDC Amendment Overview
Admin Code Section
N/A
and Title:
LDC Notice Section:
N/A
LDC Changes:
6.06.02:
• Relocating language from 10.02.03 B.1.i.v (only the second
sentence) to 6.06.02 A.7.
• Relocating Images 1 and 2 from 10.02.03 13.1.i.v and 10.02.03
B.1.vito 6.06.02 A.7.
• Relocating language from 10.02.03 13.1.i.vi to 6.06.02 A.B.
• Relocating language from 10.02.03 6.1.i.v (located below
Illustration 2) to 6.06.02 A.9.
• The language being relocated was included in the SDP
submittal requirements in 10.02.03 B. The submittal
requirements are being moved to the Admin. Code and the
requirements need to be relocated in the appropriate sections.
Revision:
6/5/13 CC
6.06.02 Sidewalks, Bike Lane and Pathway Requirements
A. All developments must construct sidewalks, bike lanes, and pathways, as described
below:
6. All bicycle lanes must also have signage and be marked in accordance with the
latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices.
V.
9 A 2
depicted by Illustrations 1 and 2J _ _ - lComment [C120]: From 10.02.03 B.1.i.v. No
changes.
Comment [C121]: From 10.02.03 B.1.i.v. No
changes.
i
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OONT ao -r//i5
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lAAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
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Text underlined is new text to be added.
Bold text indicates a defined term
Curls FA&Ars
LL 1111111101
A fvr
�pON'T VO TWIS
I IIII 1111111
III L=—:7
De rN�S
8. Two curb ramDs shall be Drovided for sidewalks and bike Daths at each street
corner of an intersection. Curb ramps shall be a minimum of 36 inches in width
and shall not rise at a ratio greater than as outlined by the Florida accessibility
code for building construction.
9. Crosswalks shall be required at any intersection where the distance to the
nearest crosswalk is greater than 1,000 feet.
# # # # # # # # # # # # #
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9A2
Comment [C122]: From 10.02.03 B.t.i.vi. No 1
' changes. J
i
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i
i
R A Z
(n0
Text underlined is new text to be added.
Bold text indicates a defined term
Chapter 9. Variations from Code Requirements
Administrative Code/ LDC Amendment Overview
Admin Code
Section and Title:
N/A
LDC Notice Section:
N/A
LDC Changes:
9.02.06:
• Updating the cross reference to 10.03.05 and creating a self
containing provision, similar to the other vested rights sections.
Revision:
6/6/13 CC
4 9.02.06 Required Notices for Vested Rights Determination Process, Including Public
5 Hearings
6 A. Within fifteen (15) days of the date of receipt by the county of a completed application for
7 a vested rights determination, the landowner must provide notice of the submission of
8 the application by: a)
9 1L. pProminently posting on the property for which the vested rights determination is
10 sought a sign advising of the substance of the claim of vested rights. The sign
11 shall be posted at least 15 days prior to the date of the public hearing by the
12 planning commission. The sign to be posted shall contain substantially the
13 following format.
14 a. Public Hearing for Vested Rights Determination:
15 To Permit: (sufficiently clear to describe the project)
16 Date:
17 Time:
18 To be held in the Commissioners Meeting Room, Administration Building.
19 County Government Center, 3299 Tamiami Trail East, Naples, Florida
20 2. The area of the signs shall be as follows:
21 a. For properties less than one acre in size, the sign shall measure at least
22 on and one half square feet in area.
23 b. For properties 1 acre or more in size, the sign shall measure at least 32
24 square feet in area.
25 3. In the case of signs located on properties less than one acre in size, the sign
26 shall be erected by the County Manager or designee in full view of the public on
27 each street side of the subject property. Where the property for which approval is
28 sought is landlocked or for some other reason the signs cannot be posted
29 directly on the subject property, then the sign or signs shall be erected along the
30 nearest street right -of -way, with an attached notation indicating generally the
31 distance and direction to the subject property.
32 4. In the case of signs located on properties one acre or more in size. the
33 applicant shall be responsible for erecting the required sign(s). A sign shall be
34 erected in full view of the public on each street upon which the subject property
35 has frontage. Where the subject property is landlocked, or for some other reason
36 the signs cannot be posted directly on the subject property, then the sign or
37 signs shall be erected along the nearest street right -of -way, with an attached
38 notation indicating generally the distance and direction to the subject property.
39 There shall be at least one sign on each external boundary which fronts upon a
40 street, however, in the case of external boundaries along a street with greater
41 frontages than 1,320 linear feet, signs shall be placed equidistant from one
42 another with a maximum spacing of 1,000 linear feet, except that in no case shall
61
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
- Comment [C123]: This section previously
referenced an invalid /out of date public notice
cross reference. For constancy with the other
vested rights sections, all of the notice
procedures intended to be included by cross
reference have been included
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Text underlined is new text to be added.
and intent re'oGated t de or
Bold text indicates a defined term
the number of signs along the exterior boundary fronting on a street exceed four
signs. The applicant shall provide evidence to the Countv Manager or desianee
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 iurisdiction. The signs shall remain
in place until the date of either the following occurrences: 1) Final action is taken
by the board of county commissioners or 2) The receipt of written notification by
the County Manager or designee from the applicant requesting to withdraw the
petition or requesting its indefinite continuance.
5. ,
a. r h ° ^I" and Q 7 thl :eugh A ppliG'hl° and h` Mmailing notice to all
property owners within 300 feet of the property lines of the subject property. The
mailed notice must briefly state the nature of the claim and must be made via
certified mail, return receipt requested, sent at the landowner's expense.
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overvie
Admin Code
Ch. 6 J Post Take Plan
Section and Title:
LDC Notice
10.03.06S
Section
LDC Changes:
9.03.07:
• Added language to reference Admin. Code and reorganized
remaining sections for clarity.
• Included a public notice cross reference
• Updated cross reference to CCPC powers in the Code of Laws
and Ordinances.
Revision:
6/6/13 CC
9A2
9.03.07 Nonconformities Created or Increased by Public Acquisition
D. Post Take Plan. This section addresses the development, review and approval of post -
take cure plans for remainder properties to mitigate and /or eliminate the negative and
potentially costly impacts resulting from the taking of a property for public purposes. In
such cases, it may be determined to be in the public interest to allow some deviations
from applicable LDC or PUD provisions, or Conditional Use requirements, in order to
accommodate site modifications and /or enhancements, designed to cure, remedy,
mitigate, minimize or resolve otherwise negative site impacts resultant from public
acquisition.
1. The Administrative Code shall establish the submittal requirements for a A Post
Take Plan may be s ,bmitf°,- ffi-.r staff review and appreyal and the applicant shall
provide/depist the following:
a. The boundary ors ecial ur ose surve shall be signed and sealed by a
,brofessional surveyor and mapper licensed to practice in the State of _ - Comment [C124]: updated title 080613
Florida.
---------------- - - - - --
- Comment [C325]: Submittal Reqs moved to
i The , bli PFGjeGt . e (puFpase of the 6if' . 4 Administrative Code
H Th° n -�ddFess and phORe mh °r of then 61Ifin° firm /c\
n the pla
62
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~�
9A2
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10 eb. The appropriate fee oo established uy the Board ofCounty
19 Commissioners.
20 2. The property owner or the County may request the following deviations from the
21 LDC.PUDor Conditional Use requirements, ao may boapplicable:
22 o. Landscape Buffers may bo reduced from the required width ordepth;
23 but shall not result ina buffer of less than fi*+(54 feet in width ordepth.
24 Landscape buffers which have been completely eliminated bythe
25 acquisition may bo replaced beyond thoaoquioitionarea;butuhaUnot
26 result ina buffer of less than fiv**45) feet in width or depth. All required
27 plant materials and irrigation requirements shall remain within the
28 reduced buffer area or shall bo relocated or installed aoa condition ofthe
29 Post Take Plan approval.
30 b. Water management facilities, including retention, detention and
31 conveyance may occupy percent ofalandscape
32 buffer width, if there ioa minimum remaining planting area ofat least five
33 k* feet.
34 C. Required native vegetation, preserve, or open space requirements may
35 bo reduced byan amount not to exceed tep41O)percent.
30 3. Deviations other than those set forth in paragraphs DJ�a.through D.2.4 above, _-- Comment [C129]: For clarity
37 or exceeding the minimums or maximums established therein, may also be
38 oppmvod, subject 0m the following procedures:
30 a. |n addition ho the requirements for submittal of a Post Take Plan
40 established in within 60
41 days of the date of submittal of the Post Take Plan to Collier County the
42 applicant shall also notify property owners in rd with notice
43 procedures established in LDC section 10.03.06 S, SeGtiGR 10.03.05.9.10
44 ao may boapplicable.
45 b. The notice shall: (1) list the requested deviations other than those set
46 forth in paragraph 2. above, or exceeding the minimums and maximums
47 established in that subsection-, (2) provide a brief narrative justification for
48 such deviokion(s); and (3) provide a copy of the Post Take Plan (in 11by
49
50 39 days ef the date of mail' 9, the Post Take PlaR is deem
51 apppove��[_ _ _ _ - -
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4. Approval Criteria and Process.
a. If no written obiection is received within 30 days of the date of mailing of
the notice, the Post Take Plan is deemed approved.
eb. If an abutting property owner who receives a notice submits a written
objection to Collier County within 30 days of the date of mailing of notice,
the matter shall be scheduled for public hearing before the Collier County
Planning Commission (CCPC). In such cases, the Board of County
Commissioners delegates the authority to review the Post Take Plan to
the CCPC and includes this review as part of the CCPC powers and
duties under the Collier County Code of Laws and Ordinances section 2-
1156 - 2 -1164. ISectioR 8.03.01 of the LDO.. Public notice for the hearing , _ - Comment [C131]: This is a reserved section
shall comply with LDC section 10.03.05 C , as may be in the LDC. The CCPC powers are in the Code
applicable, and shall specifically note the location of the property and the of Laws section 2- 1156 -2 -1164
requested deviations. The CCPC, in considering whether to approve,
approve with conditions, or deny the proposed Post Take Plan, shall
consider the following:
i. Whether the deviation is the minimum amount necessary to
mitigate for the impacts of the acquisition, while still protecting the
public health, safety, and welfare; and
ii. Whether the County or property owner has or will mitigate for
impacts from the requested deviation(s) on neighboring properties
by maintaining or enhancing compatibility through various
measures, including but not limited to the installation of additional
landscape plantings or the installation of fences or walls; and
iii. Whether the requested deviations are consistent with and further
applicable policies of the GMP and the requirements of the LDC,
PUD, or Conditional Use, as may be applicable.
45. Within 30 days of approval, approval with conditions, or denial of a Post Take
Plan by the CCPC, the applicant, affected property owner, or abutting property
owner may appeal the decision to the Board of Zoning Appeals. For the purposes
of this section, an aggrieved or adversely affected party is defined as any person
or group of persons which will suffer an adverse effect to any interest protected
or furthered by the Collier County Growth Management Plan, Land Development
Code, or building code(s). If an appeal is filed by an abutting property owner,
and said appeal is successful, Collier County shall reimburse said appellant for
the appeal application fee and any associated advertising costs.
# # # # # # # # # # # #
Admin Code I Ch. 6 G Automobile Service Station Waiver
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40 subjeGt pFeperty within 500 feet. The site plaR shall show the layout of the read
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42 the type of read-, the nwrnbeir ni'l
43 IaReis, mediaR lGGatiGR6 and mediaR width6, fel: a 500 feet distance from thin.
44 eLIbj*rat paFGel.
1:\Admin Code 2012\Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
this section identifies the requirements for service stations
located adjacent to residentially zoned or residentially
developed properties.
Moved submittal requirements to Admin Code.
_W46V 146
6/5/13 CC
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40 subjeGt pFeperty within 500 feet. The site plaR shall show the layout of the read
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42 the type of read-, the nwrnbeir ni'l
43 IaReis, mediaR lGGatiGR6 and mediaR width6, fel: a 500 feet distance from thin.
44 eLIbj*rat paFGel.
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nv�
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Code AF FPW;RPd
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1 G.
AddWGnal
GOndIWORS.
The -R-7A.
cshall
have the
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Chapter 10. Application, Review, and Decision- Making Procedures
Administrative Code/ LDC Amendment Overview
Admin Code
Ch. 4 D. Early Work Authorization
Section and Title:
LDC Notice
N/A
Section:
LDC Changes:
10.01.02:
• Adding language to 10.01.02 B to clarify what an EWA allows
• Added language to reference Admin. Code
• Updated cross references in 10.01.02 B and 10.01.02 C
Revision:
6/5/13 CC
10.01.02 Development Orders Required
B. Early Work Authorization (EWA). An EWA permit allows for limited development
activities before a development order is issued provided all underlying zoning
approvals are in place. The Administrative Code shall establish the submittal
requirements to obtain an EWA permit. _ _ - Comment [C133]: New language. Added for
1. An EWA permit may be approved by the County Manager; or designee; for 1 or clarity
more of the following activities:
a. Vegetation removal (site clearing);
b. Excavations;
C. Site filling;
Cl. Construction of stormwater management facilities limited to ponds,
retention /detention areas, interconnection culverts, and swale systems;
and,
e. Off -site infrastructure-Land
f. Construction of a perimeter landscape buffer, berm, wall, or fence.
2. The County may issue an EWA permit for the allowed activities, subject to
demonstrated compliance with the following criteria, as applicable:
a. The proposed vegetation removal complies with LDC s9ection 3.05.05 O;
b. County right -of -way permit has been approved;
C. A determination of native vegetation to be retained for landscaping
which would comply with LDC s9ection 4.06.00;
Cl. An excavation permit has been approved;
e. A Soil aad Erosion and Sediment Control Plan demonstrating compliance
with the provisions of LDC sSection 6.01.0510.02.02 o;
f. Copies of all approved Agency permits being submitted, including, but not
limited to: SFWMD, ACOE, USFWS, and FFWCC;
g. Determination of legal sufficiency of the EWA permit by the County
Attorney's Office;
h. A vegetation bond in the form of a performance bond, letter of credit, or
cash bond and in the amount of $2,000.00 per acre is posted for
stabilization with vegetation in accordance with LDC section 4.06.04 A.3;
i. Assurance that all underlying zoning approvals are in place (e.g. PUD,
C.U., etc.);
j. The EWA permit is valid for 60 days with the possibility of two 60 -day
extensions dependent on the reason for the inability to gain proper
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approvals. After that time, cleared areas must be graded off and hydro -
seeded. Where more time is needed, a new EWA may be requested;
k. All preliminary construction activities are at the risk of the developer.
C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a
conditional building permit prior to development order approval subject to the criteria,
limitations, and procedure established in this section.
1. The ECA may be approved by the County Manager or their designee if the
following criteria are met:
a. A form provided by the Collier County Growth Management Division is
submitted that clearly states the developer understands that all such
preliminary construction activities are at his /her own risk.
b. The zoning designation allows the use.
C. The proposed vegetation removal complies with LDC section 3.05.05 -_0,
if applicable.
Cl. The site development plan, improvement plan or amendment application
has been submitted and reviewed and the first review comments are
posted.
e. The building permit application and plans have been submitted,
reviewed and the portion of work to be authorized by the permit has been
approved by the Collier County Building Department.
f. The portion of work to be authorized for the permit has been approved by
the Office of the Fire Code Official and under the Florida Fire Prevention
Code.
g. Posting of a bond or other surety acceptable to the County, naming the
County as the insured, to make certain that any construction
improvements, for all phases, will be removed if the development does
not receive the necessary final development order approval. The bond
or surety shall be in an amount equal to an estimated cost prepared by
the developer and approved by the County Manager or designee to
remove improvements granted by the ECA permit. If phased permits are
approved, the initial bond or surety shall be increased to cover the
construction authorized by the phased permit of a subsequent bond or
surety shall be posted.
2. Limitations on construction activity.
a. The ECA permit allows approved construction to commence up to the first
building code inspection. Construction may continue following phased or
complete building permit approval by the Collier County Building
Department and Office of the Fire Code Official. All construction is
subject to the time limitations identified in °°^+;^^ 1AX5 1 PeFm;+ iRteRt „+
the Florida Building Code. Permit intent. section 105.4.1.
b. If the site development plan, improvement plan or amendment is denied
by the County, then the developer shall remove any improvements
permitted by the ECA's conditional building permit within #+#Y43% days
of the denial. Failure to remove the improvements within th#tY430} days
will result in the forfeiture of the Bbond or surety provided for in
10.01.02. C.1. g.
3. Procedure.
a. The ECA permit application shall be reviewed by the Collier County
Planning and Zoning Department, the Building Department and the
Office of the Fire Official through a combined submission process.
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FL
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b. Failure to receive an approved site plan prior to the expiration of the
building permit shall result in the forfeiture of the bond or surety provided
for in 10.01.02 C. 1.q.
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Admin Code
N/A
Section and Title:
LDC Notice
N/A
Section:
LDC Changes:
10.02.02:
• Relocated language from Code of Laws and Ordinances Chapter
2 — Administration, Article 1 — In General, Division 2 —
Administrative Code to 10.02.02.
• Road construction provisions were reorganized to be in the order
of work. Cross references to the Standard Florida Department of
Transportation Specifications for Road and Bridge Construction
were updated as noted below.
• LDC section 10.02.02 was titled "Submittal Requirements for All
Applications," however it contained many stand alone permits
that are better suited to be consolidated within chapters 3, 4, and
6. These have been relocated as noted below.
• Several of the sections contained duplicative information what
was noted elsewhere in the LDC.
Revised:
6/5/13 CC
10.02.02 Infrastructure Standards and County Inspections Submittal Requirements fGF ntt
AppliGations
K Road Construction]
within 6 inches of final subgrade of the roadway for a street, all underground
9A2
t Comment [C134]: From Code of Laws Sec 2-
12, Exh. A, subsection C.13A - m, L 14-15 .
Reorganized to be in 'order of work"
Comment [C135]: Replacing "must"
Comment [C136]: New language
electrical power conduits and appurtenances, and any other utility Shall The , _ - comment [C137]: Replacing "will-
installed across the width of the street to the sidewalk area, or provisions hall _ _ -�mment [C138]: Replacing "will"
be made so that the roadway or right -of -way will not be disturbed by future utility
installations. All underground improvements installed for the purpose of future
service connections hall The properly capped and backfilled. _ _ _ _ - comment [C139]: Replacing "will"
3. Utility casings. All casings to be installed within the roadway section of a project
must be located at a depth at least 6 inches below the bottom elevation of the
must be installed during the construction phase of the project. Any casing which
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_ - j Comment [C140]: Updated cross reference
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_ - - Comment [C141]: Replacing "will"
r _ _ - Comment [C142]: Replacing "must"
Comment [C143]: New language
typical section drawing. The stabilized area must be free of muck, roots and
other obiectionable material. The subgrade and shoulders must be stabilized and
compacted to obtain the minimum limerock bearing ratio (LBR) of 40 LBR and at
least 98 percent of maximum density as determined by AASHTO T180 If the
bearing value of the natural soil is less than that specified, the subgrade and
shoulders must be stabilized in accordance with section 160 of the Florida
Comment [C144]: New language
Comment [C145]: Updated section reference.
Section 160 - Stabilizing
Comment [C146]: Replacing "must"
-- - - Comment [C347]: New language"
-- - - Comment [C148]: Replacing "must"
specifications for grade no. 2 limerock and must be compacted to obtain at least
98 percent maximum density as determined by AASHTO T180. Construction
and materials of the base must conform to sections 1200 hand 011 bf Florida - Comment [C149]: Section 200 - Rock Base
Department of Transportation Standard Specifications for Road and Bridge comment [C150]: Section 911- Lime Rock
Construction, as amended. )Alternate base courses that meet FDOT Materials for Base and Stabilized Base
specifications may be considered and approved by the County Manager or comment [C151]: New language
designee. 44
Prime. The base must be primed with type RC -70 bituminous material of SS -1 00
(asphalt emulsion) and shall comply with section 000 bf the Standard Florida _ _ - Comment [C152]: Replacing "must"
Department of Transportation Specifications for Road and Bridge Construction. Comment [C153]: Prime and Tack coats for
as amended. Base Courses on Asphalt
Construction, as amended.
preliminary acceptance of the roadway.
ssive
Alternate methods of construction may be considered by the County Manager or
designee based on a design study, containing soil testing data, and
recommendations prepared by a geotechnical engineer licensed to practice in
the State of Florida and supported by the applicant's professional engineer.
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-LComment [C154]: Replacing "must"
-- - - Comment [C155]: New language
Comment [C156]: Section 320 - Hot
Bituminous Mixtures - Plant, Methods and
Equipment
Section 330 - Prime and Tack Coats for Base
Courses
Updated- included new Section 334 Superpave
Asphalt/concrete
Comment [C157]. New language
Comment [C158]: Replacing "will"
Comment [C159]: Section 711 -
Thermalplastic Traffic Stripes and Markings
Comment [C160]: Section 570 - Grassing
(ey Seeding)
Section 981 - Grassing and Sodding Materials
Section 982 - Commercial Fertilizer
Section 983 - Water for Grassing
Comment [C161]: New language
Comment [C162]: Replacing "will"
Comment [C363]: Added an" s"
Comment [C164]: Replacing "will"
Text underlined is new text to be added.
and OnteAt .,w t Ah,. n.+
Bold text indicates a defined term
1 11. Alternative types of pavement, base, and subgrade. Alternate types of pavement,
2 base, and subgrade determined by the County Manager or designee to be
3 equivalent to those specified in this section may be approved. Application for
4 such approval must be accompanied by written data, calculations, and analysis
5 which show, by generally accepted engineering principles, that the alternate
6 types are_egual or superior to those specified.
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materials, and all repairs and maintenance.
by an approved testing laboratory and /or professional engineer and certified as to
location and thickness measured.
a. A tolerance of one- uarter inch for pavement surface and one -half inch
for base course may be accepted. AnV deviations more than these
tolerances Shall Iresult in withholding preliminary acceptance until such
time that the pavement is brought up to county standards.
2. Testing. The applicant must have the subgrade and shoulders tested for
compaction and limerock bearing ratio (LBR) at intervals set forth in Florida
Department of Transportation Standard Specifications for Road and Bridge
Constructioril, as amended. �r as directed by the County Manager or designee.
The subgrade and base as specified in LDC section 10.02.02 A.4.and A.5, shall
be tested for compaction by a certified engineering testing laboratory. Prior to
acceptance by the county, a copy of the test results along with a statement of
compliance issued by the testing laboratory, must be furnished to the County
Manager or designee.
It 9A2
Comment [C165]: Replacing "will"
- Comment [C166]: Replacing "must"
Comment [C167]: Replacing "will"
- Comment [C168]: New word
Comment [C169]: Replacing "will"
-- - _ Comment [C170]: Updated from" ... replace
the areas so removed with material and
construction to conform to the specifications
and to the line..."
Comment [C171]: Replacing "will"
Comment [C172]: New language
Comment [C173]: Replacing "will"
35 designee when construction is ready for inspection.
36 �N. c ^ "' n.me-FitaI n^ +, Q. Submittal Don irel`Per+ I
_ - Comment [C174]: Environmental Data
37 i PurrPe^vcve. The of ' + en +ii the inc ^n d fnr -. — mAt of data Relocated to 3.08.00 purpose
38 that is a red +n Feview a pFepesed prejeGt to it meets the land
39 development StAnrlerds nnn+e'ned- vvthin +he 1 a Rd fleyelepment Cnrde
40 2. Preparation of Cnvirnmmzn +el D;;t;; CnvirnmmPn +el rte +e Q- AmARI Reni dr eRts
41 shall he n recd by a nrli „'rl el With aGademin nrerlen+iels aR d
42 the area of envirenmental spieRiGeG Rat rel r nn+ Anerlemin
43 nrnrl en +'nlo anr! a shell he n henhelr.rc nr higher rinnrnn OR of +ho
44
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46 g. €^`^rnmen +el Data The ell iRfermatien shall be submitted wh
47 .
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dAde +t ^r.Ac
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- -- -- ------------------
29
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31 each of the FLUGF=CS Sodes identified sra eno f I GF
32 Qner: e^ .
33 t3. Listed and Bald Eagle Nests and Nest Pret Gfi.,. 7.,..,..
34 i. Rrevlde a wwldl7fe sw..e fe.- the Rests of bald eagle a d f7a _ o_ listed
35 ispeeies kROWR ±G- inhabit hiGli. iGal ^ ..... 'f6 6- .Sirnilar to these
36 existing en site. The . shalt he _ nrl_Gtea OR _....ere'e.. ` with
e; -
37 then irleliRes e. .���., �. �lMf .. f the CI �, Cr h rim_ -a -�. Q GA /'Iril'f
38
39 Wildlife oefvice(l)SFW83— Safvey times may be redUse --er
r! where initial habitat e enf by the e eT___"
41 sensaltant indicates tit —the likeliheed of listed spesies
42 eccerrence is low, as determined by the FFWGG and I SPNS
43 Where an initial haNtat assessment y t;e— enviFGRme„tz„
44 sensaltant indicates that the likeliheed —ef listed species
45
46 the County neener.er ,+e nee ,.,hen the rojent ^G, Feviewed
47
48 Add4b%! survey time may be Fequ'Fed if listed speGies are
49 dissevered-
50 II. P.-e,-,+e a su . fOr listed plants Identified 3 0 ^og—�
.°.� .. rya
51 iii. tnrlarfe habitat managemeRt wrrt m�ri ±�r,n l nG i . aaao_a_- ^n
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1
3.04 nn listed s e aFe � iti"Zipg the
be
„0+,h `hall requiFed where
2
'Idl'f habitat m ept and m ni +nr'n plaps
sete oF where
3
by the FRNGr er IlCrtnlS. These tea;
are required plans
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deSGF'be hew the &eGts incompatible land uses away
prGjeGt
5
the habitats. Identify the IG atiGR Gf lie1etc>�
listed
__ s and
de foraging +i
and the Inca nn of
Rests, _h _
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bald le pre+ eaten the na+n ie
acts er nest -_..__ -n
8
FLUGFGS fer the site. W�l
vegetation el al -.Ath euerlay
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habitat plans shall he 'RG' ded _n the SDP or final
eRt
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Bald managerneRt aFee
plat GORS#UGtiGR plans. eagle plans
11
for g holy+ eagle nests OF nest
FeqOred -tea GGn+a;n' protection
12
of ...h'oh shall be innl uded on the CfID OF final pinf
13GORStr
GtOOR plans: -
14 e.
Native vegetation preservation.
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nn +:o of rlearnd of native vegetation or
For
__ sites
t— sites er
rerat'nn
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• I+ al deGUmenta +'nn that the parcel /s1
provide
17
gran
issued d a +o be ale-red and are with the
permit ••. _-• _
18
19
to be to Ally 2003, dc)GumeRtatwGR
permitted Gleared prier provide
20
iR mnliance he 10 re
that the
areel(s) with year
21
limitation AeRtAed in the nnnD riterO def'n pa +ty
previeusly
22
a d de +erm;n in g t nrogesc and gr:+eria for
vegetatieR
23
.
24
25
habitats the site,
types ef all upland and wetiand OR pFGjeGt
26
to the rinr'fda Land Ilse rover Cnrm6 /`lo- sif.ro +in
anrd
aGGGFdiRg
27
System `C) ofd .'.de a legenr! fn of the
(FLUGF= -Mph
28
CI 11GFGS rode_ 'lit �_ 4_f:_rd_ A__..als apd n erlav 'nfnrma +ion must
29
be legible at the gale Provide Bale lat'n for the
provided.
30
of native red to
aGFeage vegetation
31
referenced oalnL la +'n and aerials on the SOP
I I d the
above
32
F' al s+'O. piano In separate r pert demnnG+ra+
OF plat RStn Y -
33
he the reserve tiler tiAA eria puFsuan+ to 3.05.07- have heap
firm
34
. pp'cahle i nnL de in thi. v re port en awi, al shewing he
Why
met .
35
,
36
Rat Ural land feat r leca+ed Gn
at al f'M-AAAFaYS
ether
37
ab6lttiag properties:
38
---- Include cite plan the n eat be undap. and the lapel
on a separate
39
use designations and eyerlaT6{n +fie Din oFMU ST and
40
A.GS-G ST IRGIude this OR the SDP or f'n;-;'
dfilstrqrAs.
41
plat nnn6tg r.tien plapf
42
1nlhe, pr ese vegetation nr nn6ed in lie
ation _f Ra Via__-'_._.. c
a off site _ r•�r ____ .
.. ... L.. -_.. -
43
seater,
deen'aR rate that the '+ r.+* p a 05 n7 have
sate, o.00.e
eft �,�- R,�- R,��eRa -mr-
44
been met and a note OR the enD or fipal plat g n6 +n unten
provide
45
'nd'nating the type of dens +inn n eat OF land
plaRS (menetan,
46
dopatiop) identified to satst the r en+ Inch de en the Ct1D
47
48
49
.
50 d.
r_erveral ° en +al requirements.
51
of aRy CnvGnnmental Assessmen ts apolnr
Drevide the
1 results
73
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added
Bold text indicates a defined term
1 A ,dito of the property, elenn with a at'..e of the Fneas
2 needed to r.,. ee d.mate if required by CnCD
3 SGOI andior gFGURd water sampling 6hall be required at the time e
4 first development 9FdeF submittal for sites that GGGUPY farrn fiekIs
5
6 courses landfill or junkyards or fer sites wherea,-7-airdooe
7
g ed` were 6 +„red or d where a
r t
9
10
11 testing shell be dee+err„'ned by a registered refessional ..ith
12 oy er'enne n the Feld Gf ER.,.vnme tel C'4 A 4 d
13
14 EnVirnnme ^tai Rr..te..^.ti.^. Anene, (EPA) 8081\ and Res
.
15 Gen` ati and ReGG y Act (RGRA) a metals using n ird
16
17 Standard OpeFatoRg PFeGeduFe (SOP) FS G
18 suspeGted ef being used form g and at dm6GhaFge ' + of ..4
19
20
21
22 the potentially GeRtarninated
23 Below the root z about 6 to 12 h h below ground rFa
24 as otheFWw6e agre, ed en : th the Fegistered F I itb
25 expermeRGe ,^ the field of En.,... ,.. tal C•+ n t 1 1 a
26 .., er with the EnviFGnmeRtaI Site Assessment, the table
27 State and Federal pollutant levels for the types Of GGRtarninatiGR
28 f^o'a'nda OR s;te and indirate *R the Assessment, when the
29 F.Onta Milian +o a ever these levels. If this analysis has been dene-
30 as part of , En v" i rvin n +al , Aa v tb cn tb c— repvrt sh n a.-
31 submitted. The -vvan ; shall seerdinate with the F=D€Pwhere
32
33 oa site or he a a,, €, ,e rmeRt l � Audit OF F=R ;,o.,.,lepAaI
34 AsseS5e„ent hre, bee submitted-
35 iii. Chorelene de „el.,.,n,en+ mu6t provide e analysis d sfratiRg
36 that the nroieot ,.III 4 f ll fU .rt al for g �y drQ�a_ - -- after
aftf4
37 a 6iX inGh rose e level
38 Rrevide +ifi ^e+ f devmat'GR6 frern + I I nr
39
40 V. Where applieable,prov;de— eVldeRC-e of the issdanse of a;l
41 appleGable federal and/or state eii arld gas permits feF proposed eil
42
43
44 C.^.G , as those rules eyd6ted OR january 13 2005
45 e. Other redeen +s
46 ldenti y aRy Wellf eld Ri6k Management Spedal Tfeatrna„t
47 Overlay 7en_6 AA/RM ST) Wth;n the nreivet area and 'd .
48 w .el,. ` for how the n .vet der.ien aids the of •titer, le rd
49 uses : thin the Oct Se c tiye U/RM CTG and well e I with the
50
51 Riot Ma na dery + C l Treatment Overlay Ze n the n
CD
74
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
9A2
Text underlined is new text to be added.
£.
�,.a ._._v -, -_ ,- -the .
Bold text indicates a defined term
1
2 StandaFd and DI In r nd G s .,'do a ra te site plan
3 of ZGRiRg map with the projeGt hnU ndarn, nd \n/ellfield Dick
4 Management Cpea'al Treatment OVerla" 7nnec ide Rtif'ed
5 ii. DeMeRstrate that the demon efthe pepesed stermw^ +or
6 maRagemeRt system and analysis of water quality and qua"
7 impae-ts fully iaeerpeFate the - requirements of the \maters
8 Management regulations of 3.07.00.
9 i. €ei sites leGated in the m GypFess -Area of State
10
11 the eat 'c +on+ ,yith the development standards nd
12 regulations in4.02.14.
13 iv. F=eF multo slip deckfacilifies with + °R slips OF mere, @Rd f re : ^n
14 a fadlitie oho.., hew the n ept iS GGRIS.ste.nt yith 5.0 n7
15 RefeF +- tthP- PAanTAtP-P- PFetestiea flan far site spesifie
16 FeguiFementnts nfthhe n�.Patee Prete^ +i„n Plan net np- h -ld-ed 0 ,
17 5.05.02.
18 V. Cnr development orders; yAth'n DCM11 sending lands phew hew
19 the n eg +'o +e Rt with each of the plina hle QbjeGtives nd
20 Polides of the (`n noen,a +'n nd Geastal 1l Manage men+ Clemeo+ of
21 the GMP.
22 f ndd41n al data. The GE) n+" ManageF r dec'n Fequire add +'n al
23 data n nferma +'en n n, to evaluate +he pro ads nlion^o el +h
24 I DG and Gnno r en+^
25 4. DI In zening nd GU pefifie-ns. Cnr DI In r nd GI I pe+itlnno o.. r.liro
26 shall —s °e ate —and --pale applieadle Envirenmental DA- ta�P alp
27 RequiremeRtS 'n +e a single Environmental Impact Statern I /CIC1 I Umen+
28
29
30 heaFiRgS - Comment [C175]: This was moved to the
31 5. CXeMptier,e Administrative Code, chapter 7.080613
32 a. The Crn;rn en +al na +a Submittal Den en +o mp +'n shall nn4
33 apply to aRy el with a CT er GS-G- CT n erlaU, 61RIess e+hene,loe
34 exempted h., see +inn n n7 1 n 1.
35 b. Single famP„ de +"^herd and tWO family heusirlg structure /e-\ n a let /c1 of
36 record eXsept as ethep se „,de,d at seetien n.02 n4 (..luster
37 development` and +ewl:lhn ses developed an Tee simple 1„tS „n der
38 'd al ership .d
,'eal that fee simple teyyRheuse pltattS
39 ,ed erda,nge with the A-f seg +inn 1.0.02.04. o n
40 These mp +'o shall net apply to the felleU.dno
41 I. 1ll/etlnnd dennea +'n nd n mitt(
42 ii. De +en +'n of native vegetation erdange With Z 05 n7 r
43 iii. Is+ed spedes spice +'n nrdanee with 'Z nn n1
44 G. AgFic 461pal uses. AgFic-alta;al vases that fen With;R min +he seepe efse^ +teens
45 162-2-221^(n�� -eF 823.14(6) F=Inr',da Statutes, provided that the subjetit
46
47 aRy type of FezGRdRg petition far a ied of 25 after the a eU Ilt Ural yeaFs
48 LlSeSGMT ^6e- and prev ded that the c hjeg+ property deec net fall
49
50 d. All nIQAAO Reee'v g I ands nrdanne with 7 03 08 n 7 a /9\
51 e. n r en +'n al r with n site plan n ed development plan
75
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
Text stF ke!hFOUgh is --,FFPRt text tp bp deleted from i nr
v V V Bold text indicates a defined term
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
M, 9
Comment [e1s176]: Entire Section B.
relocated to 4.03.03
apprGve with Gp-.Pd-.itip-.Pq- el: d-.462pprove the request fGr exemption An the terms A
the -,nnl'nah"I'ty of this; con+ "en _ _ S —� 4 —
_ _ _ _ _ _ __ _ - Comment [el 177]: Exists in .03.03_
_
nerml+ted and aGGe . seir uses olle.ue r! in the rU Fal nnr' _..If ral rl Str'nt A .rl ,n _ _ _ _ _ omment [els17S]: Exists 4 .03.03 A.
C
Innuterl yAthln n designated riG Jfi lFal nn the f ro luny f
.., .. ^y ,.,.... .,.y..........., u�� .,..,.,.,.., .,,, .. ,.�., �� � „gym
ZGRIRg atlas ent c gle family dwellln rl n farm laher he.0 lS'n hjent fn
nGtians 03 00 and 5.05.03, shall he exempt from the Fequ rements and
from the Fequ onto anri n nerii ireS for final s bdi ii Sinn plats nri where
required S bdiy' entS a entemnlateei the neSt'n of S hri'. i'
_. Reseed.
3. ResP.pled
4. Re and
76
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
and intent
Bold text indicates a defined term
24
25
20
27
28
23
30
31
82
33
34
35
36
37
ou
30
40
41
42
43
44
45
46
47
48
49
50
51
k 9A2
_--
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/mdmio Code onoCurm WomXAdminimrative Code moAmendment 091013 for BCo.doc,
Comment Comment [els182]: Exists i .03.04
Text underlined is new text to be added.
Text ..,r* DC
and ntent relocated to nlilkl.IE�
Bold text indicates a defined term
• 1989, Shall net be exempt
• • • see "lot of FeGeFd" in
_
•• ••
• • . Rural area subdivision requiFemeRtS.
7 a. Dee - All -
- in ten
9 GOVERNMENTAL AGENGY, INCLUDING GO 1-1-.iF-=R COUNTY, SHALL
IMPROVEMENT ANY • FDr ROADS, STREETS,
13 EGRESS TO THE PROPERTY HEREIN GQNVEYED."
14 b. Building permits feF ruFal subdivisk)RS. Building permits Will net be
• G. AGGeSs agFeeFRGRt.
18 and reeorded at the e GffiGial FeGE)Fds of Collie
19 County. The Felease - -- -
20 by the GOURty 23 i. Went fiGatiGR of the PFOpeFty by legal deSGFipt;GR and tax parcel
_
33
34
V. n s+-, +e,me,r,+ rn.n.firming that any development orderissued by
35
Collier County n +'rZ ^+ n of ,.h m of arress 4a4
36
GGRtY;n 4 `!f'^ d Sdaimer from ry ^ii; ^r CGun+ e!uf;n + the
CrC .,r ; ��
37
.....n+ obligation for the eseR± or future Mai.RteR..RG., .F
38
upkeep of c nh meaRS of n
39
�i. n c+o+omon+ of release holding roll' ^r (`o nfi, harriziless in
40
perpetu ty for mo'n+on-,nro of c MeaRS of -.000c
'
41
vii. B^, n+ nn of the vv +nn+ and c e-'
of'e�"+' m onc fnr r., . 4, to
42
the o of a s he'll proposed by the ., n'I'o^.n+j meaRS
43
viii. fl^,.` n +,eR of the utilities, „GlHd R for example, .u±^ .,..
45
by rawer r,, n+„ era n o [Nn.] 89 06 rrnd^ ,.h 22 -.r+ Vln
46
kney',n as the Collier County StandaFd HOUSiRg Cede, or its
47
SUGGeSSOF in f. , n+ n
48
.,
{X n c +o+^mon+ of the nnl"nnn+'o intent to ^ ^ for have ins +ll G[
49
and Pay far n c of oh f'I' +'o required
ape rl h„ law,
'
50
e,
W. n c +n +mn.,+ of re,le ase, hold Rg /'`oilier (`n nh, h-,rmlo c
51
r, o + +„ form 'nf^n"n of c oh litmesi
78
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9A2
Comment [C1841: Relocated to 4.03.03 1
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Text underlined is new text to be added.
longted
V V Bold text indicates a defined term
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
- Comment [C185]: Chokoloskee Island reqs
relocated to 4.03.03
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
r 1
Text underlined is new text to be added.
Bold text indicates a defined term
statement of release heldiR Gelber Ge ph. harmless
'
VIII. De°_ pe of the utilities, el`diRg feF example, water,
h _
telephone eler+r'wity, wh'nh shall s e the preperty ' d
X. A c;t;;tep.ep+ of the pplinan+'s 'n+ent te arFaRge fer, have 6tal eQ.,II r+
Y n '
statement of Fels e hold's Gelliar vv ,nh. harmle
nerpe +i ,ih. fer m :n+enn of s ,eh tilif'es•
Wl. A state°..._^+ +h`+ r.erm:+_ fra all state and fede al . have
a f'
pplinan n The e r eSpen .. s'h'I'+ +e determine if 6 ,eh p 'f
Re elel the 6'birh eF the r +
....,....a.� j �., .,....,� ..°..°,N.ae�'., .j ... �, upPrrvai is
d. Leh^ Gate Estates le'. d'Y;6,GRS.:^.rh°., 5 aG . . ! r 1� rooldeR G� +
Nc+
Cc+.,fes , hdi..ided irltp 214i�S ...he e 4 of the lets is net OR the exlstiRg
Fight of way, the 9..,,.,, „ oat° a,...,,_.,.,...,.,.,e...e r t to and t n h
- .,a., � wag, -,
the . Gel ::h iGh 06 RGt OR the Fight of way. The_ + ITIUSt h at
least 20 feet in .dd +h ' n "v v d +epd of least 160 feet in +e the eth
Iand InnLed let. , The e,vnf 6hell pFey'4o f49F a to the let, r'1
naf'sfie the fFE)Rtage n+
112. bet Splits. he further spk erd+y+sle F a let el�, -'n,,,^t f FeGerd '
� Splits' L � _. �° ���-_, _ _ - - Comment [C186]: Relocated to 4.03
with Lot Line Adjustments
subsequent development orders r deyelepmenf permits he' d eF
pFepeFty +e he split de ie+ipn all existing lot dimeRliiielzis, all r
lines, all n en +s of re e.rd en the ,hies+ prepeFty, apd the preseRt zeniRg
pd land use elass'f'aa +inn of +he subject property, as well as all pe.+'nen +..a Fd e
fcomment [els187]: Submittal requirements, j
aeeess fe the Fes. If'na perwels Frem the p ,hli gad t �� l
Qoo�.,., ,., ,..., ..,,,.,.,,,,� r.......,.... ,...,,, ,.,., N..,,... . .............�. ♦ i, relocated to the Admin---
demensfra+ed and where n may Fequire apppepFiate + f - - -.- - -- -
80
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Comment [C188]: Moved to 6.01.05.
C.1 through C.3 moved to the Admin Code
Text underlined is new text to be added.
e
name r...+e ,.
Bold text indicates a defined term
1
2
3 mod' + Central D +' �� B AD 1 n1 1� 627 pp. 6 301 +hrr. gh 6 500.
4
5 quality Gritera GGRt2ined 'n 17 302.510(F) F n r"`
6 8--
7
8 SE? tmGR IV, Codes 441, 442, ono and an subsequeRt supplements therete.
9
10 d/ Qr1D h f d l n+ n site al +e a +'e oho el'n nd /n
11 Urldeveleped coastal barrier are OLIViRed in seGt;c)n 8.06.03 4 ef this GGde.
12 Em ReStFiGtiGRS GR issuaRGe Gf appFeved site plaRs and GeFfifiGates
13 i. Dreh'b' +'e
14 a N site rla other deyelo ea+ permit shall be issued nr ronewed..and OF
15 RG rF'f' a+ of eGGUpaRGY ssued by the Geller GG Rty Building
16 v o ar+ n+ fer regulated de„elnnmeRt which .. 9uld ;;IJA i aRy
17 d VI en+ e .) +, RGtFUe n„ nr , h e of se e n n eaRg ,., _ v .elatieR of +he c +andards
n
18 of this seGt;o„_
19
20 rs+s__d .. . _ _la+_ r,
f +he rehibi +'n of this oe`- + .. .n are d_e_merd to be
21 I'd d `hall ± firm vest a v develeamen+ Fight n V ner+ i amm J,
22 + + en the AwnerloneFateF regulated develenmen+ E)F
23 F Requests fer In+ernre +a +'eaal
- - ------ -
24 -. I ' +' +' n + ..
tatiG... b v e gu ested by , affeofed n- -- _s•den+
1i
25 develepeF, 1and GWRer, geveFlIrneRt ages , -r derar+m_n+ , , _ --n ha
26 + a + al 'n+eres +'n land in Collier ('n n +v
27 2. Droeed
28 a. C' h of rrequest f_ ipteFpr-etatiep. Requests for n +e e +a +'e 1i,�4�
29 be Mb,,,•+ +_d + the fie Hehi Manager r his .designee GF nh'ef building
30 GffGial ( "effi` als ") a form e sMhl;ohRd by h m Cash request �st
31 'd „+'f. the V speGfiG land d_ _ _1 m g of onde er building rode Pita +inn to
32 be „R+ + rd CY`h request fn. .n +g_ .ire +a +:n..... -o+ he ----. _...eid h_v
33 the appropriate fee __t f .. r+h , the f__ . ___I -+ _. -d +_d by the Board �
34 f ( + Gemmmssieriers. I Inder a ms+anoes may the request far
35 + +a +;en ,.nr, +a:,, mere +haR 3 issues - g eStiGRS. It m -S+ nom+ }
36 a Si gle q_.._-ys_ +'e With mere +hag Qo °..h issues E). °° +,o.. If it is
37 d +.,... Red by the +_- _ff._._..I that the request VV f_. ...+_ -+_ +._R
38 P-ent@ins mere than 3 ssues, the applicant will herequired +e _i -hm:+ a
39 separate request aeeempanied by the a nlieable fees
40 De-f".m.4p,a4en of ",, nleten sin Mer reGeipt of a request fn
_ . . ..e e he s41 + Fnrn4M+ n +he anor nr .ate of ^I -s+ d 4e. .._ ah+h+
.1-1. 1 _.. - +
42 ale+e If the a +e nff'e'al de+erm n s that the request is nn+
43 Ga„ I + he must serve a ._r;+ +en nn +,g n the annrrant seen fi,'ng the
44 d f,_._.._._ . The appropriate ofFo al ../II +a Ls , n , o f -,r her an +o _n the
—
45 + f , n+nrnre +at ei f n +;I the de o:_.. _.__ are remedied. d T
46 I. N 4oa +(n of affeGted .,renerh, ..., r Whe. a site oner'f'r
47 iriteFpFetatiGR has been requested h., a arty other than the
48
49 r that aR ;n+ernre +at'en has been requested e_..__.... g +heir
50 pro
81
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'9A2
Comment [C189]: Deleted. EAC provisions
are in the Code of Laws 8.06.03 N is a reserved
section
Comment [C190]: 10.02.02 E — Relocated
intent moved to 10.02.03 A.2
Comment [C191]: 10.02.02 F.1 and F.2.a. -
Relocated to 1.06.01 D.
Comment [C192]: 10 02.02 F.2 .b and F.2.c
have moved to the Admin code.
Text underlined is new text to be added.
Text s f keth.,. _ ,. h^
Bold text indicates a defined term
I:Wdmin Code 2012 \Current WoWAdministrative Code LDC Amendment 091013 for BCC.docx
' 9A2
Comment [C193]: 10.02.02 F.3. has
relocated to 1.06.01 D.
- Comment [C394]: F.4. a. has moved to the
Admin code.
Comment [C195]: 10.02.02 F.4.b. and 5.a.
has relocated to 1.06.01 D.
ral into nrnta +inns of the hu uldin.. no.J n_ (_rn..hh MaRagn + Pa
23
nn+', nr
La Rd Development GGde of the 'n +oro +�,+ n Rd al +
N "•
24
i
..
frame shall ho -,dyeF+"co.J n of n al I-,+" the
25
GOURf..
ny. For 'nternretat "o affent'nn a n'f'n nl of land, t' f
26
the 'nternretat'n nd appeal time frame shall he advertised in
27
Re sparser of gene I n'rn lat'on an.+ ma'I nefne of the 'n+ +at' n
28
29
the lour! fnr ...hieh the 'n+e rnrn +a +'n e, t iv
30
31
Sebnty Manager nr his es'nnee r the building Of Gal _ _
Base ......
ra as the ...
32
be shall r nffnnt f'I n the a 'a +e GGde seGtmGR d d +
33
re+atien GF rat "I such +'me as the iRteFpFetatiGR is a4nnted eY'f rl
35
ra 'en +e a A I+ of an anneal to the Reard- of 7enina Appeals ,sa/n
36
37
n ai „i a ial entity ident ified .n en +'nn 10 02 02 r 1 ahn „e P.M.P.A. +he t'm
38
ra
the in +ernreta +inn 's enered and the time the Grn 'ate era t'
39
nded _ n the ease of an eal rat I S..eh ± Me as the Beard of
40
%nninn Anneals and /nr building heard of adjustments anra appeals has
41
its ,,,,d, Rg, Re furtheF request fnr'nternretat OR arrrnn the
42
same issue shall be m'+tora
43 5. Appeal
te Beard Gf ZGRiRg Appeals OF building bGaFd ef adjustmeRts ar4d
44 appeals.
45
46
47
48
,
49
50
appeal the {nterp Feta +inn to the building bead of ara' stments anri
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appeals fnr mat +ors roles +inn to building era +eshn'nal nn.+es as she,.,n in
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Comment [C193]: 10.02.02 F.3. has
relocated to 1.06.01 D.
- Comment [C394]: F.4. a. has moved to the
Admin code.
Comment [C195]: 10.02.02 F.4.b. and 5.a.
has relocated to 1.06.01 D.
Text underlined is new text to be added.
d he a r..a,. .. _ ..a
a Bold text indicates a defined term
1 IdW 6wGR 1.19 9F to the BE)aFd Gt.4GR'Rg Appeals ter all
2 Cede. Per the puFpese6 Gf 46
3 defined- as aR O__.,er of property Ie_Nte�d within 300 feet of then pert.
a _ property
4 P f the Iand for u.hirh the 'ntnrpretat'en efferti.ee An aggrieved n
Pries ,.� the ....�.... ...� ... .. �- ....._. . r .. ............._ ..__... ... _cam.. -. -_ -
5
6 6uffer aR ud a 6e effert to a .:n +erect proterted er furthered by the Gellier
7
8 cod r 1 The alleged ad ,nte, __+ may be sha ed 'R __......_n With
9 ether members of the GO,,,,,,Mn'+.. at large but shall n eed in degree }ho
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11 �b A 7 t fep al hall be filed 'n f
ir'nn C rh request shall state the
^rr a
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13 d ether baiskup , f ...
.Nt. , , ,, support f +h appeal!. oe IA fee few the.
14 appkatieri and pF(DGessiRg of aR appeal shall be established at a rate set
15 by the Beard Gf GGURty GOMMISSilDRers fFE)M time te time and shall be
16 `ha d + w d aid by the nnl'ran+ The Beard of 7nn;nn Anneals er the
17
18 held a advertised n hl'r hear; n R the anneal anew shall r-_..sider the
n o nn
19 + retatieR of +he GeuRt . PAN. ger r his de nn__ _, rh of building
.,...,, .... _ ., ... Nom_. .. des .. . -- -- -
20 of 'al hiGh _ s ppl'eahie _Rd p hl'e testim . n 1 "nh+ of the nrn�.hh
21 „+ la the future I1 and ____ p the Gede er the off dal
, �.,..... ., .. 1a Rd Nom, ...- ---- _.._ .. _._..
22 ZeRiRg atla r buildirig cede related matters, `"v'hichevel: is nnl'rohl°
23 The Beard Of ZeRiRg Appeals OF the building board ef adjUStMeRts arld
24
25 designee' s nr `hief building off _tai's interpretation whichever is
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27 iRteFpFetatierl. The Beard of 7ep'pn Anneals er the building heard gf
28 adjustn,ems 2Rd appeals, iver is a pi Gable, shall not be authGFiZ
29 te medify et the (`e. my Marl ge,- r his designee _ chief
ej., ��. the ,. ,, ,., .... Nom,,. N .. ___. �..__ -�P_ ..
30 building eff dal's nterpretat'op nless su`h hoard finds that the
31 d teFmi. ,Nt. „ ._ r,n+ v needed by substantial r_ ne +en+ eyidenee_ or that
32 the 4 tat'en `entrap, to the nro,.Ah mM, semen+ plan the future
33 ,
34 ,e.h'rhe.,er pl'rahle
35 G. Ti ;'e 1';;'', ;t,^^tc^, pp NIA rAn„ a pn al that ha n+ he °n rted , pep h..
nr.ene e a e �n a
36
37 determined to he withdrawn and r elled nless extended by the BGGM
38 Further review aRcI a_t._....n the appeal will require a Rew - rpl.patmGR
39 66ibjeGt to the then ourrtnAt nede
40 TFanspeFtat&
41 a. ReFPese.
42 a. The p, rpose of this sea +inn 's to n , +line the minim, m r° 'r n„eme n fs far fhe
43
44 statement VA.'rh is required to he submitted as part of a develenmen4
45 will:
46
47 rde"Fle Rd p red, r el ,fien 2003_41Q as a„ be
48 ameRded frem fime to time
49 lH 1 Innr. mit+al of any SDP CIIDA DD l l ate ;stered engineer shall
50 s�it°A��
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- Comment [C196]: Moved to Admin Code.
- Comment [C197]: Relocated to 1.06.01 D.
Comment [C198]: Relocated to 1.06.01 D.
- _ - Comment [C199]: Deleted. Already covered 1
in 6.02.03. J
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TeXt StFikethingugh is 61=1t I'll,
Bold text indicates a defined term
Comment [C200]: Moved to Admin Code in
lost of all GE)FRFFlitFFlP-.RtF; WAWqfiin.4,� the identified sections and Glossary
GGFFlMitFReRt(6)
a rtii en +O n l Off + f + id +'f' A as a G9FRFnitmeRt h' h
have he YO
mp lOted ,�, di h as + I + er erd+aaases-
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Admin Code
Ch. 4 1 Site Development Plans, etc.
Section and Title:
LDC Notice
N/A
Section:
LDC Changes:
10.02.03:
• Updated and clarified language
• Reorganized section to follow the order of work and review.
• Relocated provisions within the section for clarity of process.
• Included SIPs and SDPAs in timeframes for construction and a
valid permit.
Revision:
6/7/13 CC
10.02.03 Submittal Requirements for Site Development, Site Improvement Plans and
Amendments thereof
A. Generally.
1. Purpose. The intent of this section is to ensure compliance with the appropriate
land development regulations prior to the issuance of a building permit. This
section is further intended to ensure that the proposed development complies
with fundamental planning and design principles such as: consistency with the
county's growth management plan; the layout, arrangement of buildings,
architectural design and open spaces; the configuration of the traffic circulation
system, including driveways, traffic calming devices, parking areas and
emergency access; the availability and capacity of drainage and utility facilities;
and, overall compatibility with adjacent development within the jurisdiction of
Collier County and consideration of natural resources and proposed impacts on
those resources. theFeen-
2. Applicability. All development, except as identified in LDC section 10.02.03 A.3.
, is subject to the provisions of this section. The
repFeCO^ts the isele eOwpt'vn rrrrtherefFe rr
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Text underlined is new text to be added.
is GUFF9At text I, be deleted be... I DG
....a... Adrn6 dsti,.
vrta ....................... .� .....................- .. - - -�. .�..s--
Bold text indicates a defined term
1
�. No building permit or certificate of occupancy shall be issued except in
_ - -
Comment [C201]: From prior 10.02.03 Bs -
2
compliance with the approved site development plan, site improvement
Violations and from 10.02.02 E. Restriction on
3
plan amendment thereof,, lor pursuant to an approved Early Construction
issuance of approved site plans and COs
4
Authorizatiod permit.
- _ - Comment [C202]: New language
5
Ib. No final local development order shall be issued or renewed for any
__ -
fComment [C203]: Modified and relocated
6
regulated development that would allow development or change in use
from 10.02.02 E.1.a
7
in violation of the LDC.
8
6. 1811 final local development orders issued in violation of the LDC are
_ - -
Comment [C204]: Modified and relocated
9
deemed invalid and shall not confirm or vest any development right or
from 10.02.02 E.1.b
10
groperty interest on the owner/operator or regulated development.
11
dI. iolation of the terms identified in the approved site development plan,
_ - Comment [C20s]: Relocated from 10.02 03
12
site improvement plan, and amendments thereof shall constitute a
13
violation of the LDC.
14
3. Exemptions from Site Development Plans and Site Improvement Plans. While
15
the following land use activities shall be exempt from the provisions of LDC
16
section 10.02.03, they are not exempt from other provisions of the LDC such as,
17
but not limited to, landscaping, tree removal, development standards, and the
18
submission requirements attendant to obtaining temporary use and building
19
permits unless otherwise stated in subsection 10.02.03 A.3.
20
a. Single- family detached and two- family housing structure(s) on a lot(s) of
21
record except as otherwise provided at section 4.02.02 (cluster
22
development).
23
b. Townhouses developed on fee simple lots under individual ownership,
24
provided that a fee simple townhouse plat is approved in accordance
25
with the provisions of LDC subsection 10.02.04- B.2_a.4-
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C. Underground construction; utilities, communications and similar
27
underground construction type activities.
28
d. Accessory and ancillary facilities for a golf course such as restrooms,
29
irrigation systems, pump- houses where an pFelimiRa early work
30
authorization has been entered into with the county except where a site
31
land alteration permit is required by the LDCe.
32
e. Construction trailers and storage of equipment and materials following
33
issuance of a building permit for the use to which said activities are a
34
function of, exGept as ethepMse pFavided by pursuant to LDC subsection
35
5.04.03_ E==Model homes and sales centers, except as otherwise
36
provided by LDC section 5.04.04.
37
^I
f. Project entryway signs, walls, and gates ^^�I
Comment [C206]: A guardhouses is a
38
�9� ��9 g I na a ro P osed for the project in conformity ith LDC section 5 06.00,
j Y-------
structure and they are included in the SDP on
39
_p - -_ - - -P- - ------ - - - - -- _:
sign regulations and standards.
_
the right -of -way.
40
de...,t.,pment 9F site impFeye m ent PIaR
Comment [C207]: Often signs are included
41
h. Neighborhood parks, subject to the approval of a conceptual site plan
on SDP, however, they are not required to be.
The building permit will be checked for setbacks
42
depicting, on a 24" by 36" sheet, all site clearing; improvements, including
43
fences and walls, playground equipment, walkways, picnic areas, and
44
play areas; and minimum Code landscaping (irrigation will not be
45
required). For the purposes of review fees only, this plan shall be treated
46
as a conceptual site development plan, and the applicable review fee
47
shall apply.
48
i. Minimum landscape buffering. Under certain circumstances with
49
neighborhood parks, there may be underlying health, safety and
50
welfare concerns that necessitate deviation from the buffering
51
required in section 4.06.02. The County Manager or #is designee
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will determine, on a case -by -case basis, whether such deviation is
necessary. This determination will be made upon a request for
determination from the applicant, which must include all reasons
that would justify the deviation. The County Manager or tail
designee will use factors including, but not limited to, the following
when making a determination for deviation:
(a) The geographic location of the neighborhood park
(b) The effects that a lack of buffering will have on
neighboring uses; and
(c) The need to ensure that the public safety is maintained by
providing law enforcement and other policing entities clear
view of the activities occurring on the park premises.
the nhe..e land use aGtm oties shall be exempt #E)m the PFeV'G'GRS f�_seiat o
oZ these land use nnti.dtins w e s ,h'eet to all tither rep! _r of the '-;-;Pd
lemmernt Cede s ieh as but net limiter! to •lanrlseanine (with the e enFe f
listed above), tree .`...G.al development standards, ;Rd the
- -- -
ultural Exemptions. Due to its location or minimal impact on surrounding
)rties and probable minimal impacts under the site development plan
N standards contained in section 10.02.03 13.A.4 -, standard application
requirements as described in section 10.02.03 AD., may be waived in part or in
full by the County Manager or 4 s designee for agriculturally related
development as identified in the permitted and accessory uses section of the
rural agricultural zoning district; however, a site improvement plan as required by
section 10.02.03 SE. addressing the application requirements deemed necessary
by the County Manager or his designee shall be submitted to the pPlanning and
Zonino dDepartment for review and approval.
4. School Board Review Exemption.
B. 4. Standards for Site Ddevelopment and Ssite Improvement Pplans standards.
The County Manager or his designee shall review and consider all site development
plans and site improvement anrd site development plans in accordance with the
following standards:
1. a. Statements regarding ownership and control of the property and the
development as well as sufficiency of conditions regarding ownership and
control, use and permanent maintenance of common open space, common
37 facilities, conservation /preservation areas, or common lands to ensure the
38 preservation of such lands and facilities will not become a future liability of the
39 county.
40 2. b Development compliance with all appropriate zoning regulations and the
41 growth management plan. The ingress and egress to the proposed development
42 and its improvements, vehicular and pedestrian safety, separation of vehicular
43 traffic from pedestrian and other traffic, traffic flow and control, traffic calming
44 devices, provision of services and servicing of utilities and refuse collection, and
45 access in the case of fire or catastrophe, or other emergency.
46 Notwithstanding the requirement to comply with the foregoing provisions, the
47 depiction on a PUD master plan or description of access or location of access
48 points in a PUD ordinance, does not authorize or vest access to the major road
49 system. The location, design, capacity, or routing of traffic for any specific
50 access point will be determined by, and must comply with, the regulations for
51 site development in effect at the time of site development plan approval.
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_ - Comment [C208]: Intent relocated above
10.02.03 A.3 Exemptions
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T . .�,FOug�. . te.n ... �,.. _w„i,,.._,a_
a........ .._.,._...__ ._ ..._.._.......__. _..._
Bold text indicates a defined term
3. s. The location and relationship of parking and loading facilities to
thoroughfares and internal traffic patterns within the proposed development,
considering vehicular and pedestrian safety, traffic flow and control, access in
case of fire or catastrophe, screening and landscaping.
4. d- Adequacy of recreational facilities and open spaces considering the size,
location, and development of these areas with regard to adequacy, effect on
adjacent and nearby properties as well as uses within the proposed
development, and the relationship to community -wide open spaces and
recreation facilities.
5. e. Adequacy of the proposed landscape screens and buffers considering
preservation of the development's internal land uses as well as compatibility
with adjacent land uses.
6. f. Water management master plan on the property, considering its effect on
adjacent and nearby properties and the consequences of such water
management master plan on overall county capacities. Water management
areas shall be required to be maintained in perpetuity according to the approved
plans. Water management areas not maintained shall be corrected according to
approved plans within 30 days. The engineer of record, prior to final acceptance,
shall provide documentation from the stormwater maintenance entity; indicating
that said entity has been provided information on how the stormwater systems
functions and indicating responsibility for maintenance of the system.
7. 9- Adequacy of utility service, considering hook -in location and availability
and capacity for the uses projected.
8. h. Signage proposed for the project in conformity with LDC section 5.06.00,
and a unified sign permit shall be applied for with the submittal packet for the site
development or site improvement plan.
9. i. Architectural design of the building for all commercial developments
located in any commercial zoning district.
10j Outdoor serving areas shall be explicitly detailed on the site plan,
showing layout of chairs, tables, benches, bars and other serving area features
as may be requested. The plan shall clearly indicate that the location is
unenclosed and provide information on hours of operation, whether or not live
performance music/amplified sound will be provided as entertainment and the
approximate distances of all adjacent residential zoning districts or residential
uses within 2500 feet of the location.
a. i. The County Manager or designee may require additional
landscape buffering beyond LDC Code requirements, the relocation of the
outdoor serving area to another part of the development, the installation
of sound attenuation devices, limitations to hours of operation and further
restrictions on outdoor entertainment and amplified sound which, in their
professional judgment, will help to mitigate the impacts of the outdoor
serving area on adjacent residential zoning districts and /or residential
uses.
b. i♦. Within 30 days from an applicant's first designation of the use in
a site development plan, it shall be within the discretion of the County
Manager or designee to deny approval of such site development plan if,
in the professional judgment of the County Manager or designee, such
use is believed to be not compatible with or has the potential to cause a
deleterious effect upon an adjacent residential use.
C. i+i. Notice of such denial shall be promptly mailed to the applicant for
the site development plan. The Aapplicant and staff will meet at their
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earliest convenience to discuss and attempt to resolve the compatibility
issues, which can include, but is not limited to, moving the questioned use
to another location within the development.
d. ia. Should the parties be unable to reach a solution, the matter will be
promptly referred to the Collier County Planning Commission. At a
publicly noticed hearing, the Planning Commission will review the
proposed use and make a finding as to: (1) whether the proposed use
was intended for this site, and (2) whether such use can be made
compatible with the adjacent residential zoning districts and /or uses
through the imposition of certain conditions or restrictions, including but
not limited to locating the use to another location within the development,
additional buffering, sound attenuation devices, limitations on hours of
operation, requirement of a vestibule, walls, and relocation of dumpsters.
e. V. Should either the County or the applicant be unwilling to abide
with the findings and recommendations of the Planning Commission, the
matter will then be forwarded to the Board of County Commissioners for a
public hearing, to be conducted in the same manner as LDC Section
10.08.00, except that for notice purposes 10 days prior notice by
publication will be sufficient.
11. k Such other standards as may be imposed by the LDC this the
growth management plan or other applicable regulations for the particular use or
activity proposed.
C. 5.Conceptual site development plan review and approval. At the request of the
applicant and subject to the applicable fee set forth in the schedule of fees, the
Pplanning and Zoning sePAGes Qepartment will complete a conceptual review and
issue a written summary of issues of concern and conceptual approval. This conceptual
approval shall not mean that the project has received final approval, it shall only indicate
that the project is in substantial compliance with the requirements of the LDCGede and
may be approved subject to further review, changes and modifications.
13D. Site Development Plan Requirements (SDP).
aad reqWiFeFRea A pre - application meeting shall be conducted by the County Manager
or his/her designee; prior to the submission of any site development Ip an eremite
for review. This meeting may be waived by the County
Manager or designee upon the request of the applicant.
1_Application. The Administrative Code shall establish the process and submittal
requirements for a site development plan. A site development plan application
shall include, but not be limited to, the following information in order to illustrate
compliance with LDC standards and other State. Federal, and local agency
requirements.
a. Zoning designation of the subject and adjacent properties.
b. Site plan with existing and proposed buildings and structures, including
dimensions, heights, setbacks, and separations. Parking, open space,
preserves, and other applicable land uses shall be identified on the site
plan.
C. Architectural plans.
d. Environmental Data, as applicable.
e. Landscape plans.
f. Streetlight plans.
g. Transportation system, sidewalks, and pathways, including all ADA
information.
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a a _ _ V
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1 h. Stormwater management plan including all technical specifications and
2 design computations.
3 i Utility information including existing and proposed facilities.
4 i. Trash and recycling information.
5 k. Building plans.
6 I. Information from the Fire Code, including Fire Hydrant Flow test report, if
7 applicable.
8 m Information from the Standard Building Code, including type of
9 construction, number of stories total square footage under roof,
10 occupancy /use and fire sprinkler intentions of all proposed structures so
11 that a fire flow may be determined.
12 n. Site construction plans, including all technical specifications and desiqn
13 computations.
14 r. Any additional relevant information as may be required by the County
15 Manager or designee.
16 2. Projects subject to the provisions of LDC section 5.05.08 shall submit
17 architectural drawings that are signed and sealed by a licensed architect
18 registered in the State of Florida.
19 3 The engineering plans shall be signed and sealed by the applicant's
20 professional engineer, licensed to practice in the State of Florida.
21 4. The landscaping plans shall be signed and sealed by the applicant's landscape
22 architect registered in the State of Florda.
23 _ - - Comment [C2091: Moved to Admin Code
24
25
26 fG `ale n _ net.+r:zeed c+e+emen+ of e_ _ _ _ _ rchin nlnnrly rlmmenc +ratinn
27
28 shell also ___Rt g ota _eed let+e of o1 tho1lzot,on froom then o�
29 E) / \ ede ati Rg the RRI•rgn+ c the anent or +inn nn buzh ^If of +ho
30 ewaer{G} Y
31 b, cotp edo oln ten+ Rle ^ c; +e ede elnnmen+ nlgn aRrd :everchne+
32 pFepaFed en R mg 'm1 6aze sheet me curing 74 rhea by 36 the
33
34 I. Tihe fnlln,.ln . i Fn Fp;at'n. • shall be ce t fnr+h an the
35 fa \c The r + title aRed the R...... -�ddFess aR d nhnne _mh
36 f the firm eR+ n g +he plans and the n
37 a drlress; eRed +elenhnne number of the n nerfie n
38 /h\ 7eR•ng edesig Rate of +he , shier+ R erty In the event
39 that the n Remy Oc Reef DI Ill /DlgRned I Ini+
40 DeyelnnmeR +1 Rame of the DI Ill and the n mher of +he
41 or,d•R apppeviRg the r a +n PI ID
42 fr1 \Pr'Rifie m rleaFly ident'fyiRg the InrM +•n., of the
e
43 de „elnRmeR+ RRed its reletienchip +e the c IReding
44 seaity,
45
46
47 prapeFty 9F pmpwties.
48 .. The fnl'GWw Rg iRferrno +•n shall he oe+ forth eR +he cite
49 . . . . . !R apd�eF 9R a separate data sheet used
50 xGl m ely fer that n
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30 a-08. GO
31
32 acUaGent
33 an adjacent Fight of way 9F right of way easemeRt.
34 Nerth arrew, wale, and elate
35 (G) A parl(i ,.hall
36 T; emise.
37 II\ Te ee hreL dowR by
39
40
41 aable).
42 (v) Number of spaGe6 provided by use.
43 (d) The fG"OWing � GFFnn+,G., ,,,ws+ GI�,a the
44 � ..
45
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47 GGGUpaRGY/use and fire
48 rnrinkleF ;n +en +:e„ reef, of 4n e.e.ed e.+ +
��... .... _. ... _.. _ . Y�.eNv.aa.v�aTavcv��v
49 that 'a needed f Fe flew e, be deter ea_
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rid StFative Code OF FevFsed
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34 arid its re +inn fre.v. pedestrian +roffe
35
36 /' INdin related buildings golf nO:......, areas,
37 tennis r+6 eelo e +e
38 --= + -- d ,. -ne e al Gons
6 i,._ rs•e of an ::o±2r and
39 image Fo+on..+iede +en +i,.n .. a.__ as well as an
40 ex'6tin and .. ...nisort on +s and atoms
...
41 r line s. *n {en `-
ded +e serve a +he ideyelenmen+
42 (x) LGGatiOR d general enf' at n . of SUGh nM +::.,°l
43 feature6 as pre6epvatwen/GGRsepvatien areas, water
44 hed'e nd we+landc
1
45 (xi) e..e +'ID .. of e...- J-- -- -_ - - --° lanes fire hydrant
46 ndary fire IaRe ..
47
48 (xiii) I eeM +fen of +rwch enr31e61 1rc_s.
/ \ I eee +fen end heights of nreneced \• glls er feRGes.
50 ( ) n rn +e dirRenoie s ..ih;rh ORGI de the felleyAnrr
51 i. All building setbaGks.
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f.
...I .....
T h is oh.. 1 DG
reInGated to the Administrafive Code or rev sed
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vim_..._ _ GGRtF91 elevatiGR(S) and
2 eveFflew I .ati ! 1 (rnferepoed to the Nemeth
3 AmeroGan Vert Yl na+ 1. 9-8-8 (NA-VD '88), latest
4
5 ! "1 Twenty l J f' a /3 slay design diSGharge at ppptrnl
6 s +r Gtur e(s).
7
10 04.ono a GGFRpleted SGhoei Irnp@G+ Analysis /clnl
9 !GGatiGR rRap and review fee.
10 ii. n' g.+ aI may., e...+ . f .. site development pl._ns- A site Repeated below.
11 de'Ve!GpMeRt plan shall also be d g tally Created
12 opn ROM disks. ^II data shall be delgveFed in the Ne.th � ^ciii °cric'aFl
13 Datum 1983/199n (nlnnKiW) State Plane aG)erdinato s ,s+
14
15
16 @GGE)rdaRGe Wth GhapteFs 977 and 472 of +he rinrAn Statutes nll
17 iRfGFPRatOE)R `hall ...__+ Minimum Tephp pal Q+a RdaFds
as-
18 establashed i Gha t 61GI7 of +he CleFida Administrative Ge
19 C =I Tstia ICI be iR a Digital CEXGha ye C to ;nYC1 forma+ 'nfen:na +;n
20
21 onln! + r !"`I edge pf pavement coo eta.)
22 G. LandSGapiRg plan. n la rl p plan ,Vh'ph shall pop+a'n the felleWing.
23
24 shall
25 fat (' a h' mhnl to 'Rd Gate ea h type of plant mat _
26 /h1 Rotanioal n
27 (G) r;emm
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29 (e) Height d ri of `aGh type f plant .. -t-. _al.
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31 ii6 111 + +' f a +' Ill +rat' i 'pformat'ep GGRSiStiRg of thee
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33 !a1 The IGGat nf'a rat'pn .. _ aemen+ of all
and arrap
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35 FefleGted OR the site play
36 /h1 The ' atiG and diMe s,).,s of MII prr.pr,sed'andsr pe,-1
37 .. ... +h appropriate nraph'p . mhels i .al ri_n_ __ __st:n J
38 free that are being ed ted toward the developmen t's
39 landsGap p requirements,
40 tE LE)GatieR and GGRfigHPat 'n of all c 'al or +e..+ red n
41 afeas.
42 (d) ore"' s for site gat OR.
43 (e) Any additieR21 relevant iRfGnmatieR as may be FequiFed-by
44 the Ga p+„ nnanaaer r his designee
45
46 shall be FequiFed + the e., +ep+ ReGessary, as determ Red at the p __
47 appliGatiOR meeting,
48 SpeGiGS of the fellr., ;Rg:
49 I. Upland, tIand @Rd estuaFiRe vegetatien ...nl -drop prah; biter)
50 a +a ,.eta +ia per) using CI I lrGrc terminnlen„-
51 jj. n + of „ege +"trop dept f ed fer p a+ en.
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hAdmin Code 2012 \Current WoMAdministrative Code LDC Amendment 091013 for BCC.docx
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... PR�eGtIS GORtaiRing the fGHOW61219 6hall ppGvbde a 661FVey Of
2 ideRtifying Spedes and IGGat'ORS Gn a GUrrent a i
3 a scale of 1 'RGh equals 200 feet E)r !aFger OF 6161peFirnposed OR the
4 60te pIaR:
5 (a) PlantS 6peGified to remain in plaGe or to be traRlSplanted4e
6 other lc)GatiGRS on the property aS 6pedfied in th
7 appliGable development order.
8 (b) Spedmen trees designated by the BGG, pursuaRt tO
9 seder 3.0509
10 (G) State ar federal rare, threatened er endaRgeFed plan
11 spedes suFveyed aGcordiRg to aGGepted Florida Fish and
12 Wold"fe GGRsepiwation Gommisskm er U.S. Psh and WmIdWe
13 SePVbGe Fnethads.
14 (d) EXiStiRg tFee6 that may be Gredited towaFd the
15 developmeRVIS Iandsraping requireirnent&.
16 P.f. FoF pFepesed site alteFatien(s) within the coastal ZGRe as depided
17 on the future land U6e rRap, iR addition te the foregoing
18 FequiFernents, the vegetatien inventery shall depic-t the GategeFies
19 ef *FnpaGt iR aGGOFdaRGe with seGtions 3.03.03 3.03.04.
20 e. Aerial phote. A FeGeRt aeFial phete shall be provided at the same 6GaIe as
21 the MaR de"ReatiRg the develcipmeRt beuRdaries, unless waived + +h
22 pFe appkat•on FneetiRg.
23 f. DeRlSity bORUS. in the eveRt a resideRfial bGRU6 as requested, as pFevided
24 fOF OR the gFevAh management pIaR, a eertified suirvey that Glearly
25 'llustFates the leGafion and FelatiORship of the developmeRt to the
26 . . . . 3te aGtMty GenteF and the related aGtivity band shall be Fequirec�
27 9. Building plaRG. RaRS shOW"Rg pimposed building fGGtPF'RtS, spafial
28 relationls-Op tO eRe alPlethel: YAeR there ape multiple buildings and
29 building heights.
30 h. SGiI eF96*E)R and 6edwFneRt GE)RtFOI plaR. A soil emlsiOR and sedimeR
31 GORtFOI plan pursuant to seGtiGR 10.02.02 abeve.
32 i. 1Rffa6tFUGtLiFe impraveMeRtG plans. DetaRed GR site and off 64-e
33 --rifir-ast-ri-liature impFevemeRt plaRs and GORStFUGtian dE)GUmeRtS pFepaFe"
34 G-P-nfn-.rrnaRGe with the deS'gR standards of SeGfians 10.02.04 and
35 10.02.0-5 and aRy onto my GUR Grd'RaRGes, regulatiORS, PG"G*es and
36 PFOGedures whiGh GGRS*6t of, but are RGt Prnited to, the falloWng iterns:
37 I. A Gever 6heet sett'Rg feFth the develepment Rame, appliGaRt
38 Rame, name of eRgiReeFiRq firm, and ViGinity map-
39 ... Imprevementls for wateF and 6e ieeded or as may
40 ified dWing a pr , bpmeRt pIaR
41 d ilPl GE)RfGFMaRGe Wth Gelimer Ge6inty GFdiRaRGe
42 Ne. 88 �6as ameRded.
43 lmprGvemeRtS fE)F roadway, motoF vehwG!e and ReR meterized
44 G 0 FGUIati9R, iRgrelss and egFess, paFking and ether transpeFtation
45 Reeds, ORGIuding tFaffiG GaIMiRg deviGes, requiFed or as may have
46 been speGified dUFORg the pfe"1914Pa)4:60te develapment plan
47 �d *R GGRf9FmaRGe with the GoW
48 ISubdivisbn de ts
49 (f@F PlAIPPOSSS Of thiS FGqWiFGFR8Atj all FGf8FGA68Q
50 Gobinty GonstFi-16-tion St--d--d - '- " -WN,asen" should be
51 -----d- t-- .—e@R d-welepFReAt, %Oere appineable and appFOPFi8t8/)-
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Te...- is GUFF_.._ teXt tO be fFeFn t - ee
V 'Bold text indicates a defined term
-19 �Xv4wor Cuts
=J
til 11.1
t7oN7 do 7Ni5
I1'
t70 TNlS
10
1H.—ti.. oa
11 v
TWG be fer and bike at
GUFb ramps shall pmvided paths
12
iRte PSe CuFb . _ nc shall be a
each s+ vet GGPRep ef an ,G,..
13
qRGhes and shall nn+ F...` at n Fatie nroa +or
,,,; ,, width
14
thaR d b +h` CI rl fnr building
..._____,h;l'+ _de
...., ... .. .. _ .._, _ _ GUFF_
as ,,...+I,, .
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GG,,StFU +i^ .
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C-5 F—M
A LJ tl 1114 ptl
J
_�Illll� 1111 Iilllll'
17
18 G _ _ alas shall be r Fed net n n ;Rte FSeG +;n �e iheFe the
19 disc + the + IL gFeateF +h 1 000 foot I , _ Comment [C211]: Criteria. Language and
20 _
I ., ..,m + f ,- t r n � noo�io�t ., Images moved to section 6.06.02
21
22
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24 requiFements (fn: n wnn000 of this ^ _..._n+ all FefeFeRGes Mi
25
26 sheldd be read to mean develnnmen+ whore-
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Wit tom;
Text underlined is new text to be added.
r
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1 Manama McRt n'S+rlGt Pales, Ghapter49€ 4, 40 € -40 and 49€ ;4,
2
3 yk} All n 'ry Stag arr and special - details + r with
4 paFagpaphs (iii) (v) abave.
5
6 to be perfel - - - - - - - - - - - - - - - - - - - _ _ - Comment [C212]: Changed to: Citation to the
8
infrastructure l cimprovements o be constructed
9 state and Ir al laWS Rd r la'
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11 #el lewing
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13 lakes, aFShes features,
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16 Vie.
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18 p, AVD).
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20 viii. Sideways and bile laRes. FeF all prejeGtS - _
21
Ne
...,
24 of the
- - - --
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27 eRgiReGF shall provide o pl. tie r+•f' at as + the
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30 1
31 xv. Sidewalk r aFki a The Th.dint. fFGFR the h L- f +h sidewalk to
32
33 Sheuld
34 the a hoside leaded +he, must be at least 23 feet paved
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36 ens ,rp that n.nrke d . nhiGle will r + + f }h pedeistFialPl
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39 GE in+ .,rrr„ ,al and ether r-n e '++' g ., m d + +' related items,
40
41 ..'qth the site development plan:
42 } Cln l non Y +mnn+ Of C +aI PrateGtieR WateF J seweF 44 ii. €xsavatiGR n m + appliGatiainl.
45 i+i. A NetiFeElf !RteRt [NOI] +„ issue either a G!c da n
47
48
49
50 development plan apprGval.
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I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
_ - - Comment [C213]. Covered in 6.06.02
Sidewalks, Bike Lane and Pathway Reg,
_ - - Comment [C214]: Relocated below
A ent [C215]: Criteria. Moved to LDC 4.05.04 and 4.07.02 and renamed ential off - street parking"
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and ^ Bold text indicates a defined term
submitted prior to the pre- construction conference. If approved by the
County Manager or designee, an applicant may submit Federal, State
and local agency permits at the pre - construction meeting:
i. Florida Department of Environmental Protection water and sewer
facilities construction permit application.
ii. Excavation permit application.
iii. A Notice of Intent (NOI) to issue either a Florida Department of
Transportation and /or a Collier County right -of -way permit.
iv. Blasting permit prior to commencement of any blasting operation.
V. South Florida Water Management District permit, if reauired. or,
Collier County general permit for water management prior to site
development plan approval.
vi. Interim wastewater and /or water treatment plant construction or
interim septic system and /or private well permits prior to building
permit approval.
vii. Any additional state and federal permits which may be required
prior to commencement of construction, addressing the impacts
on jurisdictional wetlands and habitat involving protected species.
viii. All other pertinent data computations, plans, reports, and the like
necessary for the proper design and construction of the
development that may be submitted.
ix. All necessary performance securities required by Collier County
ordinances in effect at the time of construction.
X. The following permits, if applicable require final approval and
issuance prior to the County pre- construction meeting:
(a) Florida Department of Transportation right -of -way
Construction Permit.
(b) Collier County right -of -way permit.
b1 Performance securities for site development plans In the case of MUM--
family the developments with individually owned units which are served
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- I Comment [C216]: New language
Comment [C217]: New language
Comment [C218]: Relocated from below,
10.02.03
R
Text underlined is new text to be added.
ti� _
V,Vw,V V to ,Bold text indicates a defined term
1 by subdivision type improvements i.e. driveways which function as
2 access roads and drainage improvements the developer shall be
3 required to post a performance security in a form as outlined in LDC
4 section 10. 02.04 F. . Calculations for the amount of the
5 security shall be determined as outlined in ILDC section 10 02 04 F The_
6 performance security shall be accepted by the county prior to the
7 issuance of the first certificate of occupancy for the site development
8 plan. Upon a satisfactory final inspection of the improvements which
9 shall be no later than 24 months from approval of the site development
10 plan, the performance security shall be returned to the developer. One
11 year extensions may be granted by the Engineering Services Director.
12 d'F +
ry:r
13 C. Completion of site development plans. Upon completion of the
14 infrastructure improvements associated with a site development plan
15 and prior to the issuance of a certificate of occupancy, the engineer shall
16 provide a completion certificate as to the im rovements together fwithl all
17 applicable items referenced in LDC section 110.02.05 13.2. ig. mss
18 Sede Upon a satisfactory inspection of the improvements a certificate of
19 occupancy may then be issued.
20 E. Site Improvement Plan Requirements (SIP).
21 21. Criteria for Ssite improvement plan review. Submittal of A site improvement
22 Ian may be reviewed under the site i; , Feve eRt plan (SIP)
p Y „r,,,..,,,,� , N.�,�,or, � rev`,- Presess if
23 the development proposal meets all of the following criteria: mss=
24 a. The project involves a site which is currently improved with principal
25 structures, parking facilities, water and sewer services, and defined
26 ingress /egress.
27 b. The proposed use will not require an expansion of the existing
28 impervious areas to {a} degree which would require an engineering
29 review or otherwise affect on -site surface water management facilities as
30 may be documented by waiver letters from the South Florida Water
31 Management District or Collier County where applicable.
32 C. Written documentation from appropriate agencies acknowledging that
33 water and sewer services are available at the site and are adequate to
34 serve the proposed use.
35 d. Public utility ancillary systems in Collier County will be permitted as
36 insubstantial changes to the Site Development Plan or Site Improvement
37 Plan approved for the water treatment plant, wastewater treatment plant
38 or other facility to which the public utility ancillary systems are
39 subordinate, provided that the requirements of Section 5.05.12 are met.
40 More than one (1) ancillary use may be permitted with one (1) application
41 provided that all uses are connected by the same pipeline. The
42 insubstantial change submittal shall include a signed and sealed
43 boundary survey of the property or lease parcel; a copy of recorded deed
44 or lease agreement; a recent aerial photograph of the project area; a
45 master plan showing all public utility ancillary systems subordinate to
46 the main water treatment plant, wastewater treatment facility, or irrigation
47 quality (IQ) system; and a site plan prepared on a twenty- four -inch by
48 thirty- six -inch sheet drawn to scale and setting forth the following
49 information:
50 i. The project title, utility owner, address and telephone number.
51 ii. Legal description, scale, and north arrow.
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9 A 2
_ - - Comment [C219]: New language. Replacing
"this Chapter of this Code"
_ - - Comment [C220]: Preliminary Acceptance of
Required Subdivision Improvements by County
Engineer or designee. - The submittal reps,
including: Completion Certificate, Applicant's
Inspection Report, Release of Lien,
Conveyance Instruments, Construction Plans
and Record Drawings, Digital Submissions
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�a
e a e V vVV v V
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iii. Zoning designation of the subject site(s) and adjacent sites and
the proposed use of the subject site.
iv. Location, configuration and dimensions of all building and lot
improvements.
V. Location and dimension of access point(s) to the site.
vi. Location of existing and proposed landscaping with specifications
as to size, quantity and type of vegetation.
vii. All required and provided setbacks and separations between
structures in matrix form.
viii. Any additional relevant information as may be required by the
County Manager or #ais designee.
2. Application for site improvement plans. A pre - application meeting shall be
conducted by the County Manager or designee, prior to the submission of any
site improvement plan for review. This meeting may be waived by the County
Manager or designee upon the request of the applicant.
a. The Administrative Code shall establish the process and submittal
requirements for site improvement plans.
b. Projects subject to the provisions of LDC section 5.05.08 shall submit
architectural drawings that are signed and sealed by a licensed architect
registered in the State of Florida.
C. The engineering plans shall be signed and sealed by the applicant's
professional engineer, licensed to practice in the State of Florida.
d. The landscaping plans shall be signed and sealed by the applicant's
landscape architect, registered in the State of Florida.
e Site im ent nlaa Glubmi +tal and—review. n site im ant plan
setting forth the fglIeWiRg iefermaAgn
I. Thee est title PFGpeFty a address and telenhnne n mbar
... I e al decgrint;gn shale aad aerth n
. 7gning design" +;ea of the sy bjent site end adianent cites one! the
I ggaFg and d'm of agness paint(G) +e the cite
ifii Parking s matriX form ndisa +inn the r red and
building a sib ;lity features
W. I nna +'n dimensiaen nd snnfig watign gf evicting water
I AAAtinn of trash ennlgsi yrec
as to size, ntity, and type of vegetating
stru Gt gyres i atr ;v form
.
Any add ; +i..nal relevant infr.rma +ieyn as y be r red by the
Geu Rty Manager or his designee
3. (Site improvement plan completion. Upon completion of the required
improvements associated with a site improvement plan, and prior to the issuance
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1 of a certificate of occupancy, the applicant's engineer shall provide a completion
2 certificate as to the improvements, together with all applicable items referenced
3 in LDC section 10.02.05 B_2.G.3. of this Gode. Upon a satisfactory inspection of
4 the improvements, a certificate of occupancy may then be issued.
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7 by subdivision type
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10 10.02.04 B. 3.e. of this Code. GaIGH'atienis foF the amG6lRt ef the SeGwity
11 shall be GlPtPrmiRed- —as outliped "R this GhapteF of this Code. The
12
13 of the first of eGGupaRGY fer the site devellopmen
14 plan. Up of the
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18 G. 3--- Amendments and insubstantial changes. Any proposed change or amendment to
19 a previously approved site development plan shall be subject to review and approval by
20 the County Manager or kris designee. Upon submittal of a plan clearly illustrating the
21 proposed change, the County Manager or 4 s designee shall determine whether or not it
22 constitutes a substantial change. In the event the County Manager or his designee
23 determines the change is substantial, the applicant shall be required to follow the
24 review procedures set forth for a new site development plan.
25 1. Site development plan amendments (SDPA). A substantial change, requiring a
26 site development plan amendment, shall be defined as any change which
27 substantially affects existing transportation circulation, parking or building
28 arrangements, drainage, landscaping, buffering, identified
29 preservation /conservation areas and other site development plan
30 considerations.
31 2. Site development plan insubstantial changes (SDPI) The County Manager or
32 his designee shall evaluate the proposed change in relation to the following
33 criteria; for purposes of this section, the insubstantial change procedure shall be
34 acceptable where the following conditions exist with respect to the proposed
35 change:
36 a. There is no South Florida Water Management District permit, or letter of
37 modification, needed for the work and there is no major impact on water
38 management as determined by the Engineering Services
39 Director
40 b. There is no new access proposed from any public street, however,
41 minimal right -of -way work may be permitted as determined by the
42 Transportation Planning Directo
43 C. There is no addition to existing buildings (air- conditioned space)
44 proposed however a maximum area of 300 square feet of non -air-
45 conditioned space used for storage, or to house equipment, will be
46 permitted.
47 d. There is no proposed change in building footprint or relocation of any
48 building on site beyond that needed to accommodate storage areas as
49 described in LDC section 10.02.03 F.2.c.er -3 above.
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hAdmin Code 2012 \Current WorklAdministrative Code LDC Amendment 091013 for BCC.docx
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Comment [C221]: Relocated above.
Text underlined is new text to be added.
na ^
Bold text indicates a defined term
1 e. The change does not result in an impact on, or reconfiguration of,
2 preserve areas as determined by the Natural Resource
3 Director er,tal s rrore ^ter.
4 f. The change does not result in a need for additional environmental data
5 regarding protected species as determined by the Natural Resources
6 Directoren„mF ^ ^^neetcl s.,NiGe6 d ?r°stor
7 g. The change does not include the addition of any accessory structure
8 that generates additional traffic as determined by the Transportation
9 Planning DirectoEtFanspoFtatien planRiRg diFeGtGF, impacts water
10 management as determined by the Engineering Services
11 Director°^^i^°°o ^^ dii: or contains air - conditioned space.
12 h. The change does not trigger the requirements of LDC Ssection 5.05.08
13 as determined by the County Manager or his designee.
14 i. There are no revisions to the existing landscape plan that would alter or
15 impact the site development plan (as opposed to only the landscape
16 plan) as determined by the landscape architect.
17 H1. 4. limits for review, approval, and construction of Ssite development plans,
18 site improvement plans, and amendments thereof. time limits for re.•:^,.• a ^val andd
19 east+ea
20 1. a —Site development plans,,4SBRs) site improvement plans. and
21 amendments thereof, will remain under review so long as a resubmittal in
22 response to a county reviewer's comments is received within 270 days of the
23 date on which the comments were sent to the applicant. If a response is not
24 received within this time, the application for the site development plan site
25 improvement plan, and amendments thereof review will be considered withdrawn
26 and cancelled. Further review of the project will require a new application subject
27 to the then current LDCEede.
28 2. ice— Approved site development plans, site improvements plans, and
29 amendments thereof--'c shall remain in force for three (3)-years from the
30 date of approval, as determined by the date of the _1;W approval letter. If
31 construction has not commenced within 3 years, the site development plan
32 approval term will expire and the SDR approval of the site development plan.
33 site improvement plan, and amendments thereof is of no force or effect. An
34 amendment to the SDP may be applied for and may be granted prior to the
35 original expiration date, so long as the proposed amendment complies with the
36 LDC requirements in force at the time of the SDP amendment submittal. The
37 SW d t shall , e...`.... ,,, effeGt for 3 yeaFS from the date of appFeval ac
pDTCRIIG. �•
38 dt te...,iRed by the date of the cnD a...eRdFReRt a - •aI le#er Two_year
39 extensions for the approved site development plan, site improvement plan. and
40 amendments thereof may be granted. A
41 maximum of Wm42)- extensions may be granted before an SOR amendment is
42 required.
43 3. G. Once construction has commenced, the approval term shall be
44 determined as follows. The construction of infrastructure improvements approved
45 under as site development plan site improvement plan, or amendments thereof
46 SIDP oF SDP AmendrneRt shall be completed, and the project engineer's
47 completion certificate provided to the Engineering and ERV'r ^ ^m^ ^ * ^' Services
48 Director, within 30 months of the pre- construction conference, which will be
49 considered the date of commencement of construction. Two =year extensions to
50 complete construction may be granted. A maximum of two extensions may be
51 granted before an amendment is required and the extension is reviewed for LDC
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Comment [C222]: Adding SIPS to the time
frames.
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Text underlined is new text to be added.
elnnAted to the AdministFative Code OF revised
Bold text indicates a defined term
compliance. Each request should provide written justification for the extension
and shall be submitted to, and approved by the County Manager or designee
prior to expiration of the then effective approval term. Thereafter, once the site
development plan site improvement plan or amendments thereof-%BRer -SBR
r°me^dFReR R approval term expires the site development plan, site improvement
plan, or amendments thereof -SDP is of no force or effect.
t - _ - Comment [C223]: Relocated above, 10.02.0
A.2.c
Cede.
I. 6M Electronic data requirements for site development plans site improvement
plans, and amendments thereof. After the final site devellepmen plan has been
approved by the County Manager or tuns designee for compliance with the LID '44&4ede
as provided in this section, the applicant's professional engineer shall also submit
digitally created construction /site plan documents, 1 disk (CDROM) of the master plan
file, including, where applicable, easements, water/wastewater facilities, and
stormwater drainage system. The digital data to be submitted shall follow these
formatting guidelines: All data shall be delivered in the state plane coordinate system,
with a Florida East Projection, and a North American Datum 1983/1990 (NAD83 /90
datum), with United States Survey Feet (USFEET) units; as established by a Florida
registered professional surveyor and mapper. All information shall have a maximum
dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange
File (DXF) format; information layers shall have common naming conventions (i.e. right -
of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be
deemed complete, the layering scheme must be readily understood by county staff. All
property information (parcels, lots, and requisite annotation) shall be drawn on a unique
information layer, with all linework pertaining to the property feature located on that
layer. Example: parcels —All lines that form the parcel boundary will be located on 1
parcel layer. Annotations pertaining to property information shall be on a unique layer.
Example: Lot dimensions — Lottxt layer.
# # # # # # # # # # # # #
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Administrative Code/ LDC Amendment Overview
Admin Code
Ch 5 C PSP, PPL, CNSTR, FP, Plat Recording, Vacation of Subdivision
Section and Title:
Plats
LDC Notice
N/A
Section:
LDC Changes:
10.02.04:
• 10.02.04 was completely rewritten.
• The requirements, review process, exceptions, approval process
were all integrated and the language was not clear.
• Provisions were reorganized within the section and it was organized
to follow the procedural order of work and approval.
• Provisions were added because they are common procedures,
including Minor Final Plats, Construction Plans, and various types of
changes to plats and plans.
Revision:
6/6/13 CC
10.02.04 Submittal Requirements for Preliminary and Final Subdivision Plats
This section shall be read in conjunction with subdivision design standards, in particular, LDC
Chapters 3, 4, and 6.
A Requirements for Preliminary Subdivision Plats (PSP). IA preliminary subdivision plat
provides an overall scheme of development for a subdivision. It may be used when
only one phase of a multi - phased development is to be constructed. Except for an
integrated phased development a preliminary subdivision plat is optional while a
final subdivision plat is mandatory.
i
u
_r
County Manager or designee at the request of the applicant.
b. No development shall be allowed prior to approval of the construction
plans and final subdivision plat except for the early work authorization
(EWA) permit and early construction authorization (ECA) permit pursuant
to pursuant to LDC section 10.02.00.1
c.l Integrated phased developments. A preliminary subdivision plat
application shall be submitted in accordance with this section for any
integrated phased development.
2. Application for preliminary subdivision plats.
a. The Administrative Code shall establish the process and submittal
requirements for a preliminary subdivision plat.
lb. A preliminary subdivision plat shall include the entire property to be
subdivided and recorder).
and sealed by a professional surveyor and mapper registered in the State
of Florida.
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'9A2
Comment [C224]: New language]
Comment [C225]: From prior 10.02.04 A.4.c
Comment [C226]: Modified. From prior
10.02.04 A.4.c Removed reference to PUD
applications. 080613
Old language: "however, the zoning or planned
unit development application and the
preliminary subdivision plat may be processed
concurrently at the written request of the
applicant to the County Manager or his
designee. "
Comment [C227]: Modred. From prior
10.02.04 AAA
Comment [C228]: 10.02.04 A.5: A preliminary
subdivision plat application shall be submitted
in accordance with this section for any
integrated phased development, n�ss the
integFated phased development is within an
final subdivision plat thereef has beeR
fesefded-
Comment [C229]: From prior A.2
A Preliminary subdivision plat shall include the
entire property to be subdivided. Added "and
recorded"
Comment [C230]: Relocated from A.2
The preliminary subdivision plat shall be
prepared by the applicant's engineer and
surveyor. Land planners, landscape architects,
architects, and other technical and professional
persons may assist in the preparation of the
preliminary subdivision plat.
Text underlined is new text to be added.
ha- Bold text indicates a defined term
of the LDC. The decision to approve with conditions, or deny the preliminary
9A2
- - 4 Comment [C231]: From prior 10.02.04 A.i.c
_ - - Comment [C232]: Updated cross reference.
Formerly, cross referenced section 10.02.02 of
the LDC
10
Amendments Any amendment to the approved preliminary subdivision 1platI ,
_ -
Comment [C233]: Modified. From 10.02.05
11
submitted by the applicant shall be reviewed according to the standards
A.5
12
established in LDC chapters 3. 4 6, and other provisions of the LDC. The County
Comment [C234]: Replacing the term
13
Manager or designee shall have the authority to approve amendments to the
"desired" with submitted and "utilize" with
14
approved preliminary subdivision plat provided those amendments are based
according to 080613
15
on generally accepted sound professional engineering principles and practices
16
in the state. Amendments shall be made prior to the processing of the
17
construction plans and final subdivision plat. Requests for amendments shall
18
be in writing in the form of an amended preliminary subdivision plat and shall
19
provide clear and convincing documentation and citations to professional
20
engineering studies reports or other generally accepted professional engineering
21
services in the state to suhstantinta tha amPnrtmant rani iactarl
22 5 Conditions .1 The County Manager or designee has the authority to approve _ _ - - Comment [C235]: Existing language from
23 requests for substitutions to the design standards contained in the LDC provided 10.02.04 A.3. Minimal changes.
24 those requests are based on generally accepted sound and safe professional
25 engineering principles and practices. Requests for substitutions shall be made in
26 writing and shall provide clear and convincing documentation and citations to
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Prepare and submit to the County Manager or designee the construction plans
and final subdivision plat for at least the first phase of the proposed
subdivision Each subsequent phase of the preliminary subdivision plat shall
be submitted within 2 years after the date of written approval of the immediately
preceding phase of the proposed subdivision.
a. Extensions. Two 2 -year extensions to submit the construction plans and
final subdivision plat shall be granted for good cause shown upon
written application submitted to the County Manager or designee prior to
expiration of the preceding approval. When granting an extension the
County Manager or designee shall require the preliminary subdivision
plat be modified to bring the project into compliance with the LDC at the
approval of a preliminary subdivision plat, and the County shall not be estopped
to subsequently deny approval of the construction plans and final subdivision
plat based on changes in federal, state, or local laws or regulations or upon any
other facts or circumstances subsequently arising or considered which would
adversely affect the feasibility or desirability of the preliminary subdivision plat
nor shall the County be estopped to deny any rezoning in which a preliminary
subdivision plat is submitted in support of such rezoning.
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- - - Comment [C236]: Modred and relocated
from 10.02.05 A.I.
- - - Comment [C237]: Existing language from
prior 10.02.04 AA Minimal changes.
Text underlined is new text to be added.
and intent
Bold text indicates a defined term
1 IB. Construction Plans and Final Subdivision Plats PPLs . Construction glans and final
2 subdivision plats are commonly referred to as "plans and plat."
3 1. Generally. Final subdivision plat approval by the Board of County
4 Commissioners is required before a final subdivision plat can be recorded.
5 a. No final subdivision plat shall be approved by the Board until the
6 construction plans have been reviewed and accepted by the Count
7 Manager or designed, except for a minor final subdivision plat pursuant_
8 to LDC section 10.02.04 D.
9 b. The review and approval of construction plans does not authorize the
10 construction of required improvements which are inconsistent with
11 existing easements of record.
12 C. The required improvements shall be completed prior to recordation of the
13 final subdivision plat unless the applicant files a subdivision
14 performance security as identified in LDC section 10.02.04 F with the
15 County.
16 d. Where approval of construction plans and final subdivision plats will
17 lead to the level of service for any public facility being reduced below the
18 level established by the growth management plan for Collier County, the
19 County shall deny approval to proceed with development until the
20 requirements of LDC section 10.02.07 have been met.
21 2. Application for Construction Plans and Final Subdivision Plats.
22 a. The Administrative Code shall establish the process and the submittal
23 requirements for construction plans and final subdivision plats. IFo r
24 projects incorporating townhouse development on fee simple lots.
25 additional submittal requirements are required and identified in the
26 Administrative Code. All requirements established in this section shall
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'9A2
- - j Comment [C238]: New language
Comment [C239]: From prior 10.02.04. 8.3.a
Comment [C240]: From 10.02.04 B.2
also apply to townhouse development on fee simple lots. I _ - - j comment [C241]: From prior 10.02.04 BA
Construction plans for all of the improvements required by this section _ _ Comment [C242]:10.02.05 E.1
licensed to practice in the State of Florida.
b.1 Final subdivision plats shall be signed and sealed by a professional _
- Comment [C243]: From prior 10.02.04 B.5
surveyor and mapper registered in the State of Florida. The final
subdivision plat shall be prepared in accordance with the provisions of
F.S. ch. 177 as may be amended, and shall be clearly and legibly drawn
with black permanent drawing ink or a photographic silver emulsion mylar
to a scale of not smaller than 1 inch equals 100 feet.
dH The final subdivision plat shall conform to the approved preliminary - _
- Comment [C244]: From prior 10.02.04 B.3.b
subdivision plat and shall constitute only that portion of the approved
preliminary subdivision plat which the applicant proposes to construct.
e. Improvements for construction plans and final subdivision plats are
identified in the LDC section 10.02.04 C, and are required in conjunction
with the subdivision and development of any and all property pursuant
to LDC section 10.02.03 within the unincorporated areas of the County.
All required improvements shall be designed and constructed in _
- Comment [C245]: "All" replacing "Any"
accordance with the design requirements and specifications of the entity
having responsibility for approval, including all federal, state, and local
agencies. Construction plans for final subdivision plats shall include at a
minimum:
Comment [C246]: Added "storm" to
Streets. �idewalks`lpavinq, grading, and stormwater
stormwater for clarity 080613
management (drainage); -
- Comment [C247]: New language
ll. Bridges and Culvert -
- Comment [C248]: New language
105
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Text underlined is new text to be added.
ARd 0.
Bold text indicates a defined term
1
iii. Water and sewerage systems, including where applicable water
2
reuse /irrigation pumping, storage and transmission /distribution
3
systems:
4
iv. Street lighting. Plans for streetlights shall bear the approval of the
5
utility authorities involved. If the street lighting system is to be
6
privately owned and maintained by a propertv owners' association
7
or similar entity, it shall be designed by the applicant's engineer
8
V. Landscaping within public rights -of -way, parks recreational
9
areas: and
10
vi. Parking areas.
11
County Manager review of construction plans and final subdivision plats.
12
a. The County Manager or designee shall review and evaluate the
13
construction plans and final subdivision plat in conformance with the
14
LDC, in particular sections 10.02.04 B and 10.02.04 C. and F.S. ch. 177
15
The County Manager or designee shall review and evaluate the
16
construction plans and final subdivision plat in light of the requirements
17
established in the LDC and Administrative Code. Based on the review
18
and evaluation. the County Manager or designee shall approve approve
19
with conditions, or deny the construction plans and final subdivision plat.
20
If the construction plans and final subdivision plat is denied then the
21
final subdivision plat shall not be submitted to the Board until the
22
construction plans and final subdivision plat have been approved or
23
approved with conditions by the County Manager or designee The
24
approval of the County Manager or designee is subject to Board approval
25
noted below.
26
b. If the constructions plans and final subdivision plat are approved or
27
approved with conditions by the County Manager or designee the County
28
Manager or designee shall recommend that the Board approve. approve
29
with conditions, or deny the final subdivision plat. If the County Manager
30
or designee denies or places conditions on the construction plans or
31
recommends denial or conditions on the final subdivision plat he shall
32
state reasons and cite the applicable code or regulatory basis for the
33
decision.
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' 9A2
_ - - Comment [C249]: 10.02.04 B.3.a: b.
Intent maintained, however language was
rewritten /reorganized. From prior 10.02.05 A.2 1
- - - Comment [C250]: Prior 10.02.05 E.2s
36
remain under review so long as a resubmittal in response to a county
37
reviewer's comments is received within 270 days of the date on which the
38
comments were sent to the applicant. If a response is not received within
39
this time, the application for construction plans and final subdivision plat
40
review will be considered withdrawn and cancelled. Further review of the
41
project will require a new application and the appropriate fees paid by the
42
applicant.
43
d. Digital submission. After the final subdivision plat has been approved by
44
the County Manager or designee for compliance with the LDC as
45
provided in this section, the applicant shall resubmit 5 certified sets of
46
the approved construction plans along with approved copies of all
47
reauired county permits. The applicant's professional engineer shall also
48
submit � Set of digitally created construction /site plan documents 1 disk_ , _ - -
Romment [C251]: Added "set of to improve
49
(CDROM) of the master plan file, including, where applicable.
Sentence Structure 080613
50
easements, water /wastewater facilities, and stormwater drainage
51
system. The digital data to be submitted shall follow these formatting
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Text underlined is new text to be added.
dp'eted s.om i nr
Bold text indicates a defined term
guidelines: All data shall be delivered in the state plane coordinate
system, with a Florida East Projection, and a North American Datum
1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET)
units; as established by a Florida registered professional surveyor and
maipper. All information shall have a maximum dimensional error of +0.5
feet. Files shall be in n AutoCad (DWG) or IDigital Exchange File DXF)
format information layers shall have common naming conventions (i.e.
right -of -way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.).
For a plan to be deemed complete, the layering scheme must be readily
understood by county staff. All property information (parcels, lots, and
reauisite annotation) shall be drawn on a unique information laver, with all
linework pertaining to the property feature located on that layer. Example:
parcels —All lines that form the parcel boundary will be located on 1
Parcel layer. Annotations pertaining to property information shall be on a
unique laver. Example: lot dimensions — Lottxt laver.
4. Board approval of the final subdivision plat.
a. Following approval or approval with conditions by the County Manager or
designee, the County Manager or designee shall place the final
subdivision plat on the consent agenda for its next available regularly
scheduled Board hearing. The Board shall consider approval of the final
subdivision plat together with the approval of standard form.
Construction Maintenance Agreement, and approval of the amount of
performance security for the required improvements based on the
estimate of probable cost.
b. If all members of the Board consent to the recommendation of the County
Manager or designee, then the recommendation of the County Manager
or designee on the final subdivision plat shall remain on the consent
agenda and the final subdivision plat shall be approved. If any member
of the Board objects to the recommendation of the County Manager or
designee or otherwise requests discussion on the recommendation, then
the recommendation shall be taken off the consent agenda and may be
discussed or scheduled for a subsequent hearing date. After due notice of
the hearing to the applicant, the Board shall hold a hearing on the final
subdivision plat. At the hearing, the Board shall consider the County
Manager or designee's recommendation and shall take evidence and
testimony in regard to the final subdivision plat requirements identified
in LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the
LDC. The Board shall approve, approve with conditions, or deny the final
subdivision plat. If the Board of denies or places conditions on the final
subdivision plat, it shall state reasons for such denial or conditions.
C. Approval of the final subdivision plat shall not constitute acceptance of
public dedicated facilities. Acceptance of any such dedicated public
facilities and responsibility for their maintenance shall be by separate
resolution of the Board of County Commissioners. See LDC section
10.02.05 C.3.
5. Insubstantial changes and amendments to construction plans and final
subdivision plats.
a. Insubstantial Changes to Construction Plans (ICP). Following approval by
the County Manager or designee of the construction plans, the applicant
may request insubstantial changes to the construction plans.
107
hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
'9A2
_ - Comment [C252]: New language for mapping
purposes.
_ - j Comment [C253]: From prior 10.02.05 A.3
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Text underlined is new text to be added.
Text 6tFikethF9ugh is GIIFFIt�fO
Gndp OF FPVi9Pd
Bold text indicates a defined term
i. Application. The Administrative Code shall establish the process
and the submittal requirements for an insubstantial change to the
to LDC section 10.02.04 B. I
-
Comment [C254]: This is for the engineers
b.1 Following apprOval by the Board of the final subdivision plat, but
signed and sealed construction plans.
recordation, the County Manager or designee may approve minor
-
Comment [C255]: From Prior 10.02.05.A.4.ix
insubstantial changes to the final subdivision plat. Insubstantial changes
No application...
are insignificant to the proiect, such as a correction or change on the
cover sheet.
C. Following approval by the Board of the final subdivision plat, but prior to
recordation, the Board may approve amendments to the final
subdivision plat. This is commonly referred to as a "PPLA."
i. Application. The Administrative Code shall establish the process
and the submittal requirements for the final subdivision plat
amendment. The final subdivision plat shall be prepared
pursuant to LDC section 10.02.04 B.
_ -
Comment [C256]: This is for the surveyors
I6. Relationship of Final Subdivision Plats to Site Development Plans. No site
signed and sealed plat.
development plan may be accepted for concurrent review with a preliminary
-'
Comment [C257]: From prior 10.02.04 C
subdivision plat. Once the preliminary subdivision plat has been approved,
C.-updated language
site development plans may be submitted for review concurrent with the
submittal of the final subdivision plat. No site development plan may be
approved until the final subdivision plat receives administrative approval, and
no building permits may be issued until the final subdivision plat is recorded,
unless otherwise provided for in the LDC.
7. Timing of recording and development.
'
a. (Recording. Within 18 months of the date of approval of the final
, _ - comment [C2s8]: From prior 10.02.04.
subdivision plat by the Board, the applicant shall submit the final
subdivision plat to the County Manager or designee for recording.
comment [C259]: 10.02.04 6.3.b
lb. IReguired improvements to be completed. The improvements required for
,' Comment [C260]: From 10.02.05 A.1.
the final subdivision plat shall be completed within 18 months from the
date of approval by the Board unless a written extension request is
approve by the County Manager or designee.
d. Integrated phased development. Each subsequent phase Of the project
shall be submitted within 2 years following the date of written approval of
the most recently approved final subdivision plat in accordance with
LDC section 110. 02.04 A. .
Required Improvements. Ihe following improvements in this section are required in
conjunction with the subdivision and development of any and all property pursuant to
or private, required to serve the proposed development shall be constructed by
design shall be vepared by a professional engineer.
108
1:1Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Comment [C261]: This ties it back to timing of
development for phased development, starting
at the PSP process (which is mandatory for
integrated phased development)
Comment [C262]: 10.02.04C.12 Relocated
from 10.02.05 E.3. This section was modified to
reflect the required improvements identified in
the estimate of probable cost. The section was
reorganized and identifies the cross references
in numerical order. Out of date provisions were
not retained.
Comment [C263]: 10.02.04 CA from
10.02.05 E.3.g
Comment [C264]: 10.02.04 C.2 from
10.02.05 E.3.i
Comment [C265]: 10.02.04 C.3 from
10.02.05 E.3.n.i
Comment [C266]: 10.02.04 C.5 from
10.02.05 E.3.e
Comment [C267]: 10.02.04 C.7 from
10.02.05 E.3.h
Comment [C268]: 10.02.04 C.8 from
10.02.05 E.3.d
Comment [C269]: 10.02.04 CA from
10.02.05 E.3.c
Text underlined is new text to be added.
and intent Fe
Bold text indicates a defined term
9 Procedures Ordinance 2004 -31, as amended.
10 16. Parks rotected areas reservation areas conservation areas recreational
11 areas, and school sites.
12 a. Parks, protected areas, preservation areas, conservation areas. Parks,
13 protected areas, preservation areas and conservation areas shall be
14 dedicated and /or conveyed in accordance with applicable mandatory
15 dedication requirements and regulations of federal, state and local
16 agencies.
17 b. Recreational areas. Recreational areas shall be dedicated and /or
18 conveyed in accordance with applicable mandatory dedication and /or
19 conveyance requirements and regulations of federal, state and local
20 agencies.
21 C. School sites. School sites shall be dedicated and /or conveyed in
22 accordance with applicable mandatory dedication and /or conveyance
9 A 2
Comment [C270]: 10.02.04 C.15 from
10.02.05 E.3.n.ii.(b)
Comment [C271]: 10.02.04 CA 6 from
10.02.05 E.3.k
Comment [C272]:10.02.04 C.18 from
10.02.05 E.3.o
Comment [C273]:10.02.04 C.19 from
10.02.05 E3.p
Comment [C274]: Sidewalks- new language.
A part of the
Comment [C275]: Streetlights- new language
Comment [C276]: 10.02.04 C.20 from
10.02.05 E.3.1
Comment [C277]: 10.02.04 C.21 from
10.02.05.E.3.j
23 requirements and regulations of tederal state and local agencies.
24 16. Shoreline and waterway alterations and additions. All requests for the , _ - Comment [C278]: 10.02.04 C.22 from
25 construction of seawalls bulkheads, shoreline and waterway alterations and 10.02.05 E.3.m
26 additions shall be submitted to the County Manager or designee. After review by
27 the County Manager or designee the proposed facility or alteration shall be
28 approved, approved with conditions or denied. The use of vertical seawalls as a
29 method of protecting shorelines and lands adjacent to waterways shall be
30 discouraged except for development lakes, and applicants shall be encouraged
31 to utilize alternate methods of accomplishing shoreline protection and waterway
32 facilities installation. Whenever possible, all proposed construction of seawalls,
33 bulkheads, shoreline and waterway alterations and additions shall be designed
34 to afford the maximum protection to the environment of the area. Any state or
35 federal permits required for construction must be submitted to the County
36 Manager or designee prior to the commencement of construction.
37 D. General Requirements for a Minor Final Subdivision Plat (FP).
38 1. Generally. Minor final subdivision plat approval may be requested as an
39 alternative to construction plans and final subdivision plat if the following criteria
40 are met:
41 a. No preliminary subdivision plat is submitted or approved.
42 b. Required improvements are not required for the subdivision.
43 C. No security performance bond is required for the subdivision.
44 d. No phasing is required or proposed for the subdivision.
45 e. The subdivision is not part of a planned unit development.
46 2. Application and process.
47 a. The Administrative Code shall provide the process and submittal
48 requirements for a minor final subdivision plat. Minor final subdivision
49 plats shall be in conformance with F.S. ch. 177 and the LDC, as
50 applicable.
109
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Bold text indicates a defined term
1 b. Minor final subdivision plats shall be signed and sealed by a
2 professional surveyor and mapper registered in the State of Florida The
3 minor final subdivision plat shall be prepared in accordance with the
4 provisions of F.S. ch. 177, as may be amended and shall be clearly and
5 legibly drawn with black permanent drawing ink or a photographic silver
6 emulsion mylar to a scale of not smaller than 1 inch equals 100 feet
7 C. Minor final subdivision plats shall be reviewed and approved pursuant
8 to LDC section 10.02.04 B.3 — B.4 as applicable
9 d. Minor final subdivision plats shall be recorded pursuant to LDC section
10 10.02.04 F.
11 E. General Requirements for Construction Plans (CNSTR)
12 1. Generally. Construction plan approval may be requested when no platting or
13 recording of property is required. This process allows for the review of
14 construction plans separate from a final subdivision plat
15 a. The review and approval of construction plans does not authorize the
16 construction of required improvements which are inconsistent with
17 existing easement(s) of record.
18 2. Application and process.
19 a. The Administrative Code shall provide the process and submittal
20 requirements for construction plans Construction plans shall be in
21 conformance with LDC section 10 02 04 B and C as applicable
22 b. Constriu-tinn nlanc fnr Al of tha imnrnvamantc chall he cinncrl —A —1—
23
24
25 section 10.02.04 B.4 as applicable.
26 3. Insubstantial changes. An applicant may request insubstantial changes pursuant
27 to LDC section 110.02.04 6.5.a.1
-- -
28 F. Recordation of the Final Subdivision Plat. - ---------- - - - - -- --
29 1. Generally. INo building permits for habitable structures shall be issued prior to
30 approval by the Board of Count Commissioners and recordation of the final
31 subdivision plat, exce t as provided in LDC sections 6.04.04 and 10 02 04 B._6
32 as applicable.
33 2. Posting of subdivision performance security at the time of recording
34 a. The final subdivision plat shall not be recorded until a subdivision
35 performance security for the construction of the required improvements
36 both on -site and off -site has been posted by the applicant and approved
37 and accepted by the Board or the County Manager or designee on behalf
38 of the Board.
39 b The applicant's professional engineer shall prepare an opinion of the
40 probable construction cost or the actual contractor's bid price which
41 includes the cost of all required improvements to determine the amount
42 of the subdivision performance security.
43 i If no construction of the required improvements has begun at the
44 time of posting of the subdivision performance security, the
45 security shall be an amount equal to 110 percent of the sum of
46 construction costs for all on -site and off -site required
47 improvements based on the applicant's professional engineer's
48 opinion of the probable construction costs or contract bid price
49 ii. If construction of the required improvements has begun at the time
50 of posting the subdivision performance security, the security
51 shall be in an amount equal toshall be in an amount equal to 10 percent of the applicant's
the applicant's
110
LkAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9 A 2
Comment [C279]: From 10.02.05 E.1
Comment [C280]: ICP.
Comment [C281]: From prior 10.02.05 A.4
Comment [C282]: 5.04.04 - Model Homes
and Sales Centers.
9 A 2
29
Text underlined is new text to be added.
30
a. The applicant shall obtain all of the signatures on the original plat cover
a .." e V V_.__ te thpAdFA Bold lent indicates a defined term
sheet(s) that are associated with the applicant's obligations and shall
1
professional engineer's opinion of the probable construction cost
33
2
or contract bid price, plus 100 percent of the required
b. The applicant shall provide 3 copies and 1 mylar of the recorded final
3
improvements to be completed, such as the final lift of asphalt and
36
4
uncompleted sidewalks.
C. Simultaneously with the submission of the executed final subdivision
5
iii. If construction of all reauired improvements has been completed
39
6
and accepted by the Board at the time of recording, only a
title opinion from an attorney licensed to practice in the State of Florida or
7
performance maintenance guarantee at an amount equal to 10
42
8
percent of the applicant's professional engineer's opinion of the
final subdivision plat to the County Manager or designee and must
9
probable construction cost or contract bid price shall be provided.
45
10
iv. No subdivision performance security shall be required where
ii. A statement that the attorney is licensed to practice in the State of
11
improvements are to be constructed by a general- purpose
48
12
government such as a county or municipality, a local school
iii. Identification of the exact name of any person who is the record
13
district, or state agency. A subdivision performance security shall
51
14
be required of an independent special - purpose government such
15
as a community development district (CDD).
16
C. The subdivision performance security shall be prepared pursuant to
17
Appendix A of the LDC and shall be one of the following forms:
18
i. Construction, maintenance, and escrow agreement, or
19
ii. Construction Maintenance Agreement and one of the following:
20
(a) Cash deposit agreement with the County, or
21
(b) Irrevocable standby letter of credit, or
22
Surety bond.
23
,(g)
Once the form of a subdivision performance security Ihas been approved ,
_ - comment fc283t: From prior 10.02.05 A.4.b-
24
and accepted by the Board, alternate securities, in a format approved by
last part of paragraph
25
the County Attorney, may be approved by the County Manager or
26
designee, on behalf of the Board.
27
3. Recordation Procedure. After approval of the final subdivision plat by the ,
_ - comment [c2841: Recording Procedure
28
Board, but prior to the recording of the final subdivision plat with the clerk of the
section from 10.02.05 A.4.c
29
circuit court, the following shall occur:
30
a. The applicant shall obtain all of the signatures on the original plat cover
31
sheet(s) that are associated with the applicant's obligations and shall
32
submit the original final subdivision plat, and any separate consents. or
33
opinions or certifications of title, to the County Manager or designee.
34
b. The applicant shall provide 3 copies and 1 mylar of the recorded final
35
subdivision plat and accompanying documents to the County Manager
36
or designee.
37
C. Simultaneously with the submission of the executed final subdivision
38
plat to the County Manager or designee, the applicant shall also submit
39
in accordance with F.S. ch. 177 at no expense to the County, either a
40
title opinion from an attorney licensed to practice in the State of Florida or
41
certification from a title company. The effective date of the title opinion or
42
certification must be no more than 30 days prior to the submission of the
43
final subdivision plat to the County Manager or designee and must
44
contain all of the following:
45
i. A legal description of at least the lands being platted;
46
ii. A statement that the attorney is licensed to practice in the State of
47
Florida and that the attorney has examined title to the subject real
48
property, if a title opinion is being provided;
49
iii. Identification of the exact name of any person who is the record
50
owner of the subject real property and a specific citation to the
51
official records book and page, where each record leaal owner
111
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r
Text underlined is new text to be added.
And OnteRt FeWealed to de OF Feyqsed
Bold text indicates a defined term
1 obtained title to the subject real property. The title information
2 shall include a copy of said instrument(s) of convevanm and
3 vi. Identification of liens, encumbrances, easements, or matters
4 shown or that should be shown as exclusions to coverage on a
5 title insurance policy. As may be applicable, the title information
6 shall include in a neatly bound fashion and make citation to the
7 recording information of all referenced liens. encumbrances.
8 easements, or exclusions. The title information shall include a
9 copy of any such instruments.
10 d. Payment of recording and Copy fees. Upon compliance with this section
11 and payment of fees by the applicant, the County Manager or designee
12 shall record the final subdivision plat with the clerk of the circuit court in
13 the official records of Collier County, Florida.
14 Construction and Maintenance Agreement The applicant shall enter into
15 a construction and maintenance agreement with the County, in a form
16 acceptable to the County Attorney, which establishes the terms and
17 conditions for the construction and maintenance of the improvements
18 required during the 18 -month construction period or a time frame
19 established in an approved extension request by the County Manager or
20 designee. This agreement shall be submitted with the final subdivision
21 plat for review and approval and shall be executed by all parties at the
22 time of recording of the final subdivision plat.
23 f. Recording of other documents. If any dedications, grants, conveyances.
24 easements, consents (including mortgagee consents), reservations,
25 covenants, or other like instruments are to be recorded by separate
26 instrument simultaneously with the final subdivision plat, appropriate
27 fees and original documentation must be provided by the applicant to the
28 County Manager or designee for processing and recording by the clerk of
29 court. All documents shall be submitted prior to or at the time of recording
30 of the final subdivision plat.
31 g. Supporting "gap" title information. Within 60 days of recordation of the
32 final subdivision plat in the official records of Collier County, Florida, the
33 applicant, at no expense to the County, shall submit to the County
34 Manager or designee final supporting "gap" title information. The final
35 supporting title information must meet all of the requirements of 10.02.04
36 F.3.c, except as to the effective date. Receipt and approval of the "gap"
37 title information is a condition precedent to preliminary acceptance of
38 subdivision improvements by the Board.
39 h. The effective date of the supporting "gap" title information must be
40 through the date of recordation of the final subdivision plat and must. at
41 a minimum, cover the "gap" between the time the effective date of the
42 information required by 10.02.04 F.3.c above, when submitted and the
43 date of recording of the final subdivision plat. The final supporting "gap"
44 title information must include a copy of any required instruments not
45 previously provided in connection with submittals for the recording of the
46 final subdivision plat.
47 G. Vacation and annulment of subdivision plats. Vacation and annulment of a
48 subdivision plat shall be in accordance with F.S. ch. 177.101, as may be amended,
49 and Collier County Resolution 2006 -160, as amended.
50 A. RFP-.I'lT.iRaFy subdivision plat requirements
112
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9 A 2
Comment [C285]: Prior 10.02.04 B.3.b
(second half of provision)
Text underlined is new text to be added.
Bold text indicates a defined term
2 aR ept'ep that may he e
end by the a pl:sapt , n the effepAve .date
3 of this eredinanne All preliminary
subdivisien plats that were a reed
4 priar to the effen +',.e date
of this ered'n pe# e.pt'e al oned m s+
5 preneerl in aGGeFdanGe wth
then red n +1'ned fer a preliminary
6 subdivisien plat Aloe, ne+h'n
iR this ser-Aien will hen nstr ,erl to offers#
7 the manda+epr pats ire of a
final s. lhe-0 „isiE)R plot -r
Comment [C286]: Out dated and repetitive
8
Of OXiStipq @PPF@Yed P
LSee 10 02.04 A
9
10
this _ , Comment [C289]: Changed to Code of Laws
11
section 250 -58, the appeals section
12
WFitiRg
13
Geode
14
, he
15
Comment [C290]: Relocated to 10,02.04 A.3
16
17
_ -
Comment [C287]: Deleted in entirety. Out
40 plisap+ nheeses this ep +inn the a nlfean+ m st felle,.r nil of the si ihmissien
dated language.
19 plat the a nl'nan# shall prepare
nA submit to the (`e ptv Manager or hip
20 .designee a enmipapr suhrliyisie.p
plat,. rhieh meets the Fequjicerrie n +s
21 n +- inert 'n +h's s er•tie Fl
-
Comment [C288]: Replaced with reference to
22
dmin Code See 10.02.04A.3
_. _.._.
23
24 pl:eliri; ml pars su b dl,rlslen plat the Cep n +,r Manager e.r his .designee
shall
25 review and evaluate the PFGPMiRary subdivision plat iR GeRfbFmaRGe
wth
26 the p ellml Rapr su b diVislep plat requirements estahll shed in this
sep +inn
27 Rased en the review net e alua +fen the Cei in +v Manager er his
designee
28
29 st,lbdivisk)rl plat The rlee s' R +e appFeve with seprt't'n r .deny
the
30 PFeliMiRary subidmsien plat may be appealed to the Beard ef Geurity
31 Cemm,lrieperr p nt to the p of roe +.en 10. 02.02 lef
this _ , Comment [C289]: Changed to Code of Laws
32 Cede. if the Ce n +,r nnapager er his edes'gpee she Irt ,dens OF piaGe
section 250 -58, the appeals section
33 he shall state iR
WFitiRg
34 s for s ugh edeRial OF R d;tiep nod shall ei +e the a plieahle
Geode
a
35 Mate, r ha s far the ri di+ie r ode, al Said .dote a+je
, he
36
Comment [C290]: Relocated to 10,02.04 A.3
37 2 PFelimiiziaiy subdidiSiE)R That sNb.PRiGsieR FeqHirerReeptS. The pFeIi i^a*pi
38 subdivis OR plat PFGGeGG ;G Gpti9Ral. The eptiGRal nature ef this PFGGeGG
will on RE)
39
40 plisap+ nheeses this ep +inn the a nlfean+ m st felle,.r nil of the si ihmissien
41 requiremeRts. Them neda +ery pa+ r of the final subdivisien plat n
e par r
42 1'Le,ei s e+ affeeteed h,r the en +'e al pat of the prelim hrl \r
plat
43 s� ihm; Slop e°° i
ei^hrti,risien
Comment [C291]: Majority relocated to
44 T preliminary c plat appneatin shall he submitted for the entire
10,02.04A
45
_ - Comment [C292]: Moved to Admin Code
46
section and 10.02.04 A.3.b
47
.
48 The prelimiRary s6ibdiViSiGR plat shall be prep by the appkGaRt's eRgiReeF
49 arid s r Land planners Ianedsean reh +nets reh'teets nod e ther
50 teGhpie.al anrt Professional perseps may assist ip the prepara+gen of +he
C ommen t[C293] Relocated t 100204A2
51 - -
__ - - - -- --------------- - -
- - -- Aon section
113
l:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
:z#
Text underlined is new text to be added.
n,r.....� r,.a., ..
Bold text indicates a defined term
18 vi. .46F4 map; and
19
34 and page refer,,.,,.,,
35 0 The tra Gt hn nd ap, with bear's and disc ,nnno aleRg A,ith ++
36
rein + „e to �e +
37 h.
TepegraphiG@l eer djtje ns en +h f dRGWdiR 11 the
38
ovate, _.,..,.,_ drainage ditehes arch 5erl;es of water, she .etland
39
cihle nrnh @enln nnl c tec and n +her c n'f"n�,n+ feat r
40 i.
+'n c+reetc n�nll of r nrdJ n adjacent tee +h + +
>�II e�i ,r�9 �,�, � -� �� �a�
41
jRGIUdiRg nh+ of '.,n” width, c +rent or PaVeMeRt Width "ndJ
42
established nnn+nrlinn eievatiGR. Cv'c +'n streets shall he dt'm ed to
43
the +rant hnL 4nd apy,
44
All e is +inn pFGpeFty Gnno easements and r nhto of Way of rnnnrdi the +F
45
.
46 k.
The leeatien and width of all d stFeete alleys, rights E)f way,
47
easemen ts and their puFpese nlnnn ,.dth the n ed4 Jaye t of the lot
48
and wenLc DrnnncedJ street n shell be iddent'f'edJ n all n hl'r ep
49
private thnrd.unh Brno T.,n'r-,l Fight of a ndd n eRt GPGSS eGt;.-..,..
50
51
the 1E)G .uvR ef sidewalks, �,Nu � ik t Rd t'1 ties. If nn+ n oh,
114
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9 A 2
Comment [C294]: Provision addressed in l
LDC section 6_06.01. Added to Admin_Code.
'9A2
Text underlined is new text to be added.
.. GAdA OF FA-Vised
Bold text indicates a defined term
1
de termined duFino the re it shall he de+erminpd ,s,he +her
2
+he s treets n e +e be py ible or p ,ate
3 1.
The in ro +inn and GGFRpa +Ible developmep+ of presept and fi it ire
4
s +Feets as shown pn the traffie eirny Ala +inn element of the Collier Coy Rn ,'
55
d'_rey.dh Mananemept Plan, when c ieh n en+ or f. t ire c +Fee +s n
6
7 M.
Aeeess points +e aaueC +oF apd arterial stFee +e. shewiRg their aempliw% +e
8
9
appFeved by the 13eaFd Of GOURty GeFRMi6SiGReFS.
10
11
12
sheet lis +inn a site c oifie eaua +inn for Bete Fw.inina the grades ip the
13
14
sy yffiee For +his infnrmafinn r ep+ where con+ ele.,aAons have been
15
PFGVided ip s. ff eiep+ p ether apd dis4riM +ien e a bar lndar.y s
16 G.
All n s +inn dr a distrie+ faei Gtie and the d+imate Fight of way
17
Feq0FemeRts no they affeet the n perky to he sy ibdMded
18 P•
Geperaliaed statement of s- lbs, lrfae pdi+rop en +he p ., peF+ Ieeatiep
19
_;;nd re-S.; Ult6 ef tests made to aGGeFtain subsuFfaGe 69" GGAditiAR.,; ;;Ad
20
groundwatef- depth.
21
,
22
23
, shall be
24 F.
I I +iGAes s Ieh as telephone p a+er seweF, gas, and the like, OR
25
26
27
statement that all utility c shall hen nilable apd have been
28
ordinated with all required u tilit a C.dde of c eh utility ailabiky
29
30
„bid T e a,T
31 6.
Sites p ed feF parks eatin al weas, and sohaal cited ar the like
32
iR aGGeFdaRGe with aRy exi6thRg GFdiRaRGe6 FeqUiFiRg SUGh a dediGatiqR.
33 t
T.yp'eal let eepfe ra +ions shall he 8l s +rated and the m of +he
34
355
rate Cer feesimple r sides +ial lots the illy istra +inn shall pedrav the type
36
of y pit identified b.y I nC defin'tbin and rde"elnper's deser'pFon +e he
37
planed OR aeh lot /evampla. Lots 1 20, s ale family at+aehed /patio
38
heme\ ,.hew hew a h,pieal y Rit an typ•eal in+er'n ;and eAFReF lets
39
depin +lea setbacks /inel ydino n sethaeks if applicable) and /er
40
ra +inn of stn Gt Tres AIse for fee mple residential lots the
41
42
aS GUI de e hammerhead and all it y lar late CeF neR sides +•al
43
lets (e.g., multi family amenity late. eels. c al/'nd ys +F ad GF
44
.
45
46
m \n /here mere than d type of dwel'pa
verbatim r T T
47
Whit (e.g. s ale family detached ale family atkanhed zero lot line) 's
48
planned Iefs m s+ he linked to the type, or types of y nit ,.shish they are
49
intended to a medate A table shall hen .,idod sheyARg lot area nd
50
eve w'dt lar nd inter' F lets. may show
51
115
hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
' 9 A 2
/~ �F
Text underlined is new text to be added.
Bold text indicates "oefi"edterm
2
3
4
5 irnpaGt assessment was prepared f4gr the saRne Af land within 5 yea4is
O from the on of the PFIRNMiRary subdivisiOR plat.
7
8 SpeGies, OR the paFGel. The following natural feature map shall be
3
10 A map of all wetIand area leeatiORs as del neated by all ageRGie_S
11
12
13
14
15
16
17
18
19
20
21
22 M.A. The IA-P-atierl of buffered areas required by SeGtJGR 4.06.01 shall be
23
24
25
26 analysis. T=1-8 tFa ... ic iffl-p-et analysis shall h�
27
28 system pFepesed Of aff
29
30
31
32
33
34
35
30
37
38
39
40
41 or abGve equiVaIeRt, shall be Fequ Fed. The master water manageMeRt
42 pIaR and data submitted shall be GORSiSteRt with the "GGRteRt 9
43
44 M2R@geMeRt DiStF Gt (see Rule 40E, F.A.G., as amended). IR Gases
45
40
47
48 subdivi-SiGR plat.
49 Z. All plaRs and Platt Rg deGURIeRtS shall be prepared fully iR G9MP!i@RGe
50
51 3.07,00
116
/x»omi" Code umu\C"rr°mvwm\.Aomi"/"traove Code mo Amendment oo1mo for aCo.u="
'9A2
Text underlined is new text to be added.
Bold text indicates a defined term
;
fp
� _ Comment [C295]: Moved to Admin Code
ja. SeRditieRsThe -�'••� �•�vcmcy ="ry c^n;�'gef -oi his deslg^ee has theta thelzity to - ....reye
e6ts for s Iho+i +l I+ii.nc +n the design standards r.e..tained in the (`rJlier GG -11Rty
Comment [C296]: Relocated to 10.02.04 A.5.
Minimal changes
22
i _ _ - Comment [C297]: Relocated to 10.02.04 A.7
23 lb. �e4tTr^satrR_- s. Refiefz+^o +a'e
�r'v°TSfA ^S 9f' TC00° A.
Comment [C298]: Relocated to10.02.04 A.6
ri
24 P. ice] 2 [fef�SkN�e- �9C�fR�a;^la-
lennert 6lRit-+etrelenrv.ent An.hhinn
p,a, -„T �TCrnT�ryzr,.,,g
Timing of Development. Expanded on and
25 in +hio
!`nrL, +e the r•en+raW nr.h.dthstandinn
includes language from farmer 10.02.05 A.
Comment [C299]: This pFevision has been
deleted The final
an but nat the P. Modified section by removing
reference to PUDs and relocated to section
10.02.04 A. 1.a 080613
43 - - - Comment [C300]: Relocated to 10.02.04
preiiFniRary A.1.b.
be s6ibrntted
45
46
47
48
49 'n+egl:ated phased develenmen+ shall be Feviewed 'n erda RGe with see +'e
50 1 Q. o o22 6 o22 R T - Comment [C301]: Relocated to 10.02.05
-
A.1.c
117
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
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3
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5
6
7
8
9
10
11
12
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15
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17
18
19
20
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23
24
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28
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33
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36
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39
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49
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51
9A2
Text underlined is new text to be added.
Bold text indicates a defined term
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
. _ .__ ._ ., nd-Fn
a. e... Bold text indicates a defined term
24
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I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9 A 2
Comment [C303]: Application portions
relocated to Admin Code. Most of section was
relocated to 6.01.02 Easements - where was
formerly located.
- Comment [C304]: Moved to the Admin Code,
Construction Plans section.
Comment [C305]: Relocated to 10.02.04
B.1. b
- Comment [C306]: Relocated to 10.02.04
B.1.a
4 z
Text underlined is new text to be added.
Te.,, elh.,. ,.h to h., dpflptpd frAFA nn
V V V y
Bold text indicates a defined term
'9A2
Comment [C307]: Relocated to 10.02.04
B3a
10 below. , _ _ Comment [C308]: Relocated to 10.02.04 1
11 E, fl ^ ^° ^^ + theo wYYI �MRE ball h ' ++h f al la+ f B.3.b )
12
13 _ - d Comment [C309]: Relocated to 10.02.04 B.9
27
(1) Cash depesit agneR,° Rt With the eO+
28
(2) lFrevesadle sty �'hr letter oefedit.
29
/) Surety beRd.
( ) GGRGtFUGtjOR, ma RteRaRGe and eSGP9W agreeFRGR
31 f.
After the fin-al �u hdi,,i,;ie plat has bee appreved by the R � t M _ .
32
r h m i des e for Gem.,! a With this Gede as provided iR this +
33
the applisa R+ shall r.,subm.t 5 Gert f ed sets of the previously appFeved
34
35
c f a+° p.J fp.+° al s s +r s +'g permits. The pl' +' pFefessigRal
36
eRn shall aloe s hm'+ a digitally r, eated- n n + +' / '+ la
37
slap .m °n }s 1 disk (GDROM) of +hn master plan file, iRGILAiRg, ..There
38
plir,ahln easemeRts, a } °rAeia s +° a+nr fan'I'+'° Rd ste a+
39
-lra:Rage system. The digital data to be hm }ted shall fe.'Pey these
40
farw.a + +'n idekRe& all data shall be deliy Fed 'R the state la
41
GeerdiRate system, with a PeFi a East °r GtiG Rd a nl AMerie-AR
„-
42
1983/1990
uatu ,da+ m) }h R ted States Survey Peet
datum),
43
(US E") URi . established a r stereo s Rd
44
45
f°°+ Cil° ohAII hp. M Digital F=XGhaRge Cie (DXF=) fG a+ iRf9FM@t ,eR
46
layers shall have eemmen naming EenventiensTi.e - Fight Gf way = ROW,
47
eeRteARes- Gl=, edge of R °R+ Eno n +R GRr a plan to ha
48
deemed CCmnlete, the layeFing °Cheme must be Fead l„ RdeFstCCu by
49
G9 Rty staff all n eqy 'nfnrma +'RR (parrelc Ig +c Rd r Site
50
51
°.+@'Ring to the n eFt y feat ire Ingated nn that layer. Cvamplp
120
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Timing of Development
Comment [C310]: Relocated to 10.02.04 E.
Recording section
Text underlined is new text to be added. RI
dl ised
Bold text indicates a defined term
1
2
3 unique layer EXaMpl& !net rl'm I et+vt lever All r nctr rt'n
4 perm 'tc required from l al state R d fe.de eI a c+ ho bml+ +e t
5 to the ('o, my Manager or h'c designee r too n .development
6 Within phase of o p eot requiring ph permits. e aRy
7 Approval of the final c rd
h'.,'-S plat -Sha.Il net o n-S +1 ten ept@Ree of the
8 le dip to ! fa lit'e or areas. AGGeptanCe of any c oh rderl'poterd foo'I t'o
9 eF aFeas and r s'b'lity for their m 'nteRaRee shell he by separate
10
11 b. nn p instruments shall he in a form appreved by the e mty
12 e+ +erne., p r +e their bm'c n to the br.er.d of oemmissie Re c fer
13 aGGeptaRGe. If requested by the (`n n +y Ma Raper er his rdeslnpen the
14 gFantee shell provide, at n e-S+ to the Rty, +' +le n rert'f'oate
15 e form p , Ina, +e by the Cler"rdn Insi iranpe f omm'-S wh'eh is iR
16 Rfe +h the GGURty'S ed s fn aGquiring real erF"
17 interests No o iRstrument shell be r orrde.d p r +n
18 FeeeFdatieFl of the fiRal subdiViSiGR plat and f9FmaI aGGeptaRGP- ef#e
19 eonm,eynnee by the ❑eerrd of r!`eUnfi,t Gem.ni-S-Sinners
20 All plans a Rd platting .der men +-S -Shell be prepared f Ily �iR nmm�l'anne
21 +h the Interim 1Neter-She.d Ma,na,n en+ r lntie RS of I DC sestiep
31 a. I aR dsoepe plans e nnrl sealed, nrrdn nee .W,i +h SeotieR
32 19.02.03. Q e of .d +hi-S rerde
33 b. 7eninn .dn +a, as fene,.,c re e -Sheets m n 74
b
34 rnohe-S , 36 'poh e-S F nt aw.. +o -S ale;
35 I. n n -Sheet d which i eh urde-S.
36 a) The Rame of the e dePelepMeRt.
37 °T The ZGRiRg diistriGt, nrl DI In Fame and nrrlip mho
38 if appliGable-
39 E)A l deSGFiPtiGR ef thePrn er+., hn +h p r +n earl after
40 sdiv+stea
41 d) The R21'Re rdrdre$S and phone number of the 2ge t
42 n the plat, a Rd then address, Rd pheRe
43 Pumbar of then er+m,
44 e)n ViGiRity pGleaFly 3 ideRtifyiRg the Inge +in of +he
45 deve4epmeaf- T
46 H. n Site plop Vi d ne the fallewinn 'nforrpet'n .,
n table form+:
47 a,) Te+ol Site
48
49 paFkiRg areas, rim,e eisle-S R d in +e FRal ctree +-S\ nnrl its
50 ente„e o rl+he total -S to n
121
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'9A?
- - Comment [C311]: Admin Code- Construction
Plans and Final Sub. Plat section
- _ Comment [C312]: Relocated to 10.02.04 B
5.c -d
Comment [C313]: Required per revised
section 10.02.04
Comment [C314]: Reference for additional
reqs included in 10.02.04 B.1.c
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
.t 41
Text underlined is new text to be added.
r„a„ ..
Bold text indicates a defined term
(:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
'9A2
Comment f m5]: Moved to Admin Code. - 1
Townhouse section J
31
d I de The plat shall ann +a n sheet
Ode)( a e shn,.i nn the on+'ro
32
h d',i OR the sheet'nedov'ng
the shn,.en OR aah c epling area
33
sheet Rned each sheet shall aan+a'n
nedex edekRea +ing that nnr+inn of the aR
34
subdivision shA,e'n n that sheet
yelp +'nn +n the on +'re subQiyisk) ,..,
35
When m e than 1 sheet shall be
used to a rately nartra,e the lands
36
subdivided, aah hoot shall show
the ar +'a Iar n mhor e.f that sheet an d
37
the +ntal number of sheets 'nsl .deed
as well as Gleany labeled matgh 1'n
38
tohsheet.
39
e. C ey data The final plat shall s
p.le With F.S. Ch. 177 R d shall shGw
40
the leRgth of all a s together, ,th
central angles, raed" ghered hear'n
41
hard longth and n 'n +s gf Al neat
rg Sl lffiG'eRt s n ,e data shall
42
hn,.en ton ,+,.eely edesnr;he the hnMnedane
of each let, hlggL right of a,e
.. eer
43
ea g ed ant re a eat'n
I'Le a c)F
and a ll e. +h
44
S i.m. 1;-;.r areas A-R. the plat er
with n the bGL4Rdary ef the plat as
45
hn,.en 'n the edn 'nt'nn The s
data e-nntaiRe d nn the plat shall also
46 ingl�" de:
47 t. The SGale bath stated Mne nranhinally ll o+ratnp n eanh nranhin
48 sheet.
49 H. nghh @FFGVV shall be edra,ren anh shoo + +ha+ shn,ees the
50
123
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W "M
Comment [C316]: Moved to Admm Code App
Contents secton
Comment [C317]: Moved to 10.02.04 BA b
the Application section
Text underlined is new text to be added
Bold text indicates a defined term
1
platted. The nnr+h direp-Ain--n
shall be at the +ep or loft M@FgiR E44419
2
map ..here p ae+'eabin
3
ill. The PGiRtS of beg'RR;Rg
and the GOMPRenGement shall be beldly
4
5
iv-. All inteerseet;n street
Fight of wa y I ReS shall be 'n'n d by a GLIN
6
with a MiRiMILIM Fad"
of 25 feet,
7
V. 1\II adfeininQ- �e,��,.,ea�a-
sty
shall he 'den +'f' d by hd". ' n t' +I plat
s��sro„ -Rn�; p,at
8
heel apd page r'f
platted the land shall be so d a+ d
gVi
Permanent referee
ep +r shall he sh . the
10
presGribed by F.S. eh
177 as ended nd shall he iRstalled
11
prior to recordiRg Gf
the f Rai plat.
12
VII. There rhell her
.ed a spaG8 iR the Fight ha Rd f YppeF
13
eaEh ;heet fer the words
"Flat feel 11 and "Page
14
11 with
the MiROM61m letter s of t/ 'peh (l the I' ze
15
direetlydelew, a sgaee
fer "Sheet of
16
17
VIII. The shall +h
- rim- rcr'�a-r� ""a "
mat'eally In nd �. hen ae+leal hall he
crcrccnrp -cry a °c�vc,-c�cvrr�rrrnrpc
18
tied +e all °ee+,ep tGWRrh'p
and r4 e rr_s eGGUFFiRg ith;,, the
19
20
i The GE)ver sheet nr first
Ye ye of the plat shall show a leGatl' vrrprla rT
21
shGW ^g the �Yhd,
„� le_at,e„ ,,, ,eferenee +e ether aFeas „f
22
the GGURty.
23
W Them -Size fer
aRy letter GIF ral shall be 410 'neh
24
nl. All Ilan and tables
GuFve
e ..
e +n ho she n on the sheet same
25
the Whin draWiR
they rela te to. When errihle dim
26
shall he rhoI.,n d'reet6y
en the m
27
28
29
hP
30
31
32
33
�e♦ d bleak "d 'f'
tt�l�v- vivci�'�vel�i�rrGGR� err.
let, other like ila
CCI GYtZV� , ei�T�TCl
35
parcel hewe"er dews ;bed
shall be , umber ed OF lettered. All lets shall
36
be Rumbered er lettered b..
PFegl,essive RumbelFS er letterS'pd'..'d all..
37
+hreuahou h the suhdi Asian e
ehy p mbered er lettered in eh
38
bleek, net neGessarbly staptingg
With the n mber "4" eF etter "A." Parcels
39
nd bleeLs I eh ' ntal
plat shall hen inhered or lettered
40
41
re+eeted Mresep.e area shall
he labeled a enter +shpt All
42
retee+ed /nresenie a
ep +r er trae+s shall he ded'ea+ed OR the
43
44
;; ' tP-.P@ Gaand +„a e.+
„, a +.,n mil- ,rep + + „ ... +h OF
45
46
.
47
Street n The plat shall
eonta'p the of each street sh(DWR e RaMe
48
the plat 'n opfermapee vi +h
the deSigR FequiremeRtS of this SeGt'GR.
49
h. Out sets. Al! inte;:jer ex6eptdpaFGeIs
shall he elearly iRdiGatedand
550
labeled "filet a Part of +h is Plat.”
124
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42
Text underlined is new text to be added.
43
., GQdP AF mviged
Bold text indicates a defined term
1 Rights of
way anrd o eats All r'nhi_nf e,rn, ap l g on+ e,i ♦+hs aprl
e-imepsieps
2
shall he sh9wR n e plat All Iots m. a+ have frontage nn
^ the , - Comment [C318]: Admin Code- Construction
3 n. bro nr
pi ya +e right of way 'n oenfermon.-e ,. ; +h the ,-es'g Plans and Final Sub. Plat section
4 requiremeRts
of this seo4ien with the eXiGeptiOR of 1 di"icinn of a c gle
5 platter- Igo
n nothep.mise established lot of repord in the Rural AgriG ilt Ural
6 er Estates
zoning t i
distrig.,4��n e 2 lots, hero reform,- 4n as "lot spli +, " as
7 set fer+h 'n
Qee+'ep 1 n 02 02 Q 17 of this Gode ARy s ugh let split may
8 , f'I'z an
aGGess easemeRt +e satisfy nd frontage Fequirerrients
9 7feeF the lot
w igh would na+ gtheFwise have stFeet --fr Tvr4an g9 ° e The gOth o °f
rr
10 Anh a
easemeRt m Ret he less than twelve (17) feet and may be
11 reel to
he yVider At the dicerP +inn of (`oilier GG ant" staff , to
12 eda
+e safe a nd t Urnip eats stermwa+er draipage
13 pipes and
the �LP Then ether of n ipts to a pL iblie Fight of way
14
15 GeURty staff
, safe and s, ff'e'Pnt may be a nl'shed ,.,ith fe,.,er
16 aGGess
'pts than e 'c+ed n r +n +hen ed Igo split. The a
17 easernneRt
.dll o Pate a front yard far se+baeL p s far all lets abutting
18 the a
on+ Inn .,here RGGess is pFeSeRtly n Vided by a
19 aeGess easemeRt
4e existing lots of r or,d in g d;Striet whioh aRy
20
this easemeRt will
21 e +e satisfy
a nd frontage enfs fop these lots nd
22 ands abU
t+7ng the n ept will be sidered fropt yards far sethad
23 purpeses-
{ Comment [c319]: Moved to new 4.03.04 B
24 �Res{Fig+iens,
Feseinvatiensa„a rr2stFi e ee is estri ^ +iens
25 peFtaiRdRg
+n the type aged of ..,ate-r supply, type apd Use of sapi+ap,
26
27 management
als nd g a +inn a nd other
28
edd shape !ands hsfapdard p els� GRS
29
30 and w ally
aped GtiORS gf s milar r.aturn shall require +hn
31 establishment
of restrip+iye r ants and! the P is+enne of sUnh
32 GEWeRaRtS
shall he noted nn the plat by refereneP to official r err! hook
33
34 e.ta'p'ng
to restr'otiy apts shall he submitted w th the final plat
35
36 desigped
to s e than 1 n ert" n Shan be died Gated +e the
37
38
39 ender„'n
rat'"e a +'n other I'Le A-.r Gimilar ep +'h,
40 Where p
a +e s t reets are permitted, rsh'p and m 'ntenanee
iaF
41 nn
dne invents shall he s het'++ed with the final pint and the
42
43
intenanee r sihility to the a iatien yyitho h r sibility to the
44
nfi, n ether pi bllo a The Fights of way and relater- fae'I'f'e
45
Shan hp 'denf'Fed as +rag +c - far marls nrl n +her puFpeses ne-er s e: fo
46
9WRership. All p ,ate streets shall be notrUeted in the s
47
pUbliG streets age- the su bmissien of impreyement plans vAth r ed
48
iRfOFITIatiGR shall apply equally to pFivate streets PUFSUaRt tG the Collie
49
.
50 i.
oeftifisatiGR aed apprevais. The plat shall GGRta R, eneept as et;ei:wRse
51
125
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'9A2
Text underlined is new text to be added.
Bold text indicates a defined term
1 eRgiReePiRg seRtiGeS rdirenter and offine of the o ,Rty a++nrney n is t
'Z submittal) the fengynng rertifina +inn and appFG,vals, agkRG'A'Ierdged if
3 required by law, all being in „bs+an+ialhi the form set forth In appendix (`
4 te t s /'merle The _ trio lode + nd f' o+'n hf +he erty +n he
rTnzJ °c �'t'- '�TV7� ° °r�T�' ° -9�v' �P'�°v
55 platted shall net he she . n pn the n a /s\ geptaip'ng the ner+'f'patieps
6 apprevals apsl n +her 4ev+, gal rda +a -, iaterd with the plat .. hen p agtinal
7 I Derdigations puFpese pf all .de.digate.d n ve.d a
8 shown en the plat shell he defined in the rde.d'oat'on n the plat All
9 areas rderdioaterd for use by the r si.dopts of the s, SiGR shall
10
11 paFks, Fights gf a tay, easeFReRtS far dF@iRage and g a +'n
12 puFpeses and a ether a he, r rdesignaterd shall be
13 Aerd'ga+erd by the n of +he land At the t ime the plat Ps er deA
14 C„eh .de.diga +inn and the r siblM fer their m ntenapee shall
15 Fequire a separate a eptange by r ol„tinn of the Beard of
16
17 the g ral Pete fer the plat
18 H. Mortgagee's r eat and a ,ai Irden+ifioa +inn of all mortgages
19
20
21
22 platted The s pat„re /s1 of +he mortgagee n miz)rtgagees, as +he E)p
23 Gase FRay be must be WitResse.d and the n e, ,+inn must he
24 aokne,. lertge.d in the s s deeds a FequiFed +e he
25 Witnessed and agkneW!erdgert In rare the mortgagee 's
26 GGFpeFatieR, the r ept and a al shall he s ert gn behalf of
27 the o raAon by the p sAen+ ViGe presideRt n chief n..ns„+iyn
28
29
30
31 pstr meats along with the platsubmittal.
32 G kertifir.atip_n of s eyeF. The plat shall genta'n the s na+
33
34
35 supeFvision and that the suFvey data Gempiled and shewn en the
36 plat n pl'e with all of the r nts of F.S. eh 177 art I
37 amended. The sect fiGa +inn shall also state that n pt
38 ref2f eR C - e "' - rmce R S, " D M. — a-- R�vr. ha,.e he n is P. +' pl'a pith
39 P.S. Eq. 17 paFf 1, as am R ded and this seGt on, rl that
40 D 2 D s And L.t GeFRers .l11 be set under the rd. rost'o R d
41
42 impFGverReRtS. I Ipon nstallatien of +he P.C. D s the suinveyer a+
43
44
45 Fequired 'm eats have been n pleterd p r +e the
46
47
48 Florida and or.dinanges of Cellier (`e, Intl 1Alben plats a grrlerd
49 and 'm ep +sae to be a plisherd , nrder perferpnange
50 the FequiFed
51 eats and performapgn apteo shall 'nnl rde D ( D
126
1AAdmin Code 20121Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
„a fF 1 nr
vi, natpa to the AdminiStFatiVe Code _
Bold text indicates a defined term
31 plat-
32 R. O in.everb seal The suFveyeF of ro eFd shall SigR Rd sea' Gepies of the
33 plat submitted fer a al
34 G. Q^ '° of hearip s The basis of hearings must be clearly stated
35 y0h.etl}pl: te "TFQe Nerth " "Grid Nerth" as established by the NOS
36 "Assumed Ncwth�' ete., and must be based on a well def0Red
37 P. Evicting e erred streets The plat shall chew then leeatiep and
38 wmdth of all existing er rec.erdjed streets; pta stip OF r.tig c to the
39 boundary of the plat, aGG61rately tied tG the bOURdary ef the plat by
40 .
41 G. Relatienship of Plats to Site Developme-int Plans. Ne t plan may be
42
43
44 revieW GE)RGUFFent vAth the submittal ef the fiRal plat. NG 6ite development plan may
45
46 may be issued URtil the fiRal plat OS FeGGFded, eXGept fE)F these development amenities
47
48 10.02.03.A.2. Gf th*s GGde. VVheFe RG preliMiRary subdivision plat i6 GeRtemplated, Site
49 DevelopmeRt RaFIS may be submitted fGF GE)FIGUFFeRt Feview with the final plat at SuGh
50
127
l Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
Comment [C320]: Admin Code- Construction
Plans and Final Sub. Plat section
Text underlined is new text to be added.
Bold text indicates a defined term
Re w�... :ldmRg FAitc . be era n4'I the fiRaI plat has been nrde
.j _ - Comment [C321]: Relocated to 10.02.04 B.B.
# # ...# # # # # # # # # # #
128
hAdmin Code 20121Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
Text DC
Bold text indicates a defined term
Administrative Code/ LDC Amendment Overview
Admin Code
Ch 5 C PSP, PPL, CNSTR, FP, Plat Recording,
Section and Title:
LDC Notice
N/A
Section:
LDC Changes:
10.02.05:
• 10.02.05 was completely rewritten.
• The requirements, review process, exceptions, approval process
were all integrated and the language was not clear.
• Provisions were reorganized within the section and it was organized
to follow the procedural order of work and approval.
Revision:
6/6/13 CC
2 10.02.05 Construction, approval, and acceptance of required improvements Subrn;ttal
4
5
6
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Construction of Required Subdivision Improvements.
1. Pre - Construction Meeting.1 Meeting. Prior to the commencement of construction of the _
required improvements. a Pre - Construction meeting shall be held. The applicant
shall request the Pre - Construction meeting and provide at least 48 hours for the
Pre - Construction meeting to be scheduled by the Engineering Services
Department. The Pre - Construction meeting shall be attended by representatives
of the county, utility companies, the applicant's professional engineer of record,
the contractor, and the developer. At the Pre - Construction meeting, a schedule of
construction, and all approved County plans shall be provided by the applicant.
Copies of all state and federal permits shall be provided by the applicant to the
County Manager or designee prior to commencement of construction.
a. Should any construction Lommence on a project prior to the Pre -
Construction meeting, the County Manager or designee, in addition to
other available remedies, shall have the right to require partial or full
exposure of all completed work for observation, inspection, and
verification that it was installed in accordance with the approved
construction plans.
2 Commencement of construction. Following the Pre - Construction meeting the
applicant may begin construction of the required improvements. The applicant
shall notify the County Manager or designee in writing at least 48 hours in
advance of the date of commencement of construction.
9A2
Comment [C322]: From 10.02.05 BA
Comment [C323]: From 10.02.05 BA
0. JObservation of construction by the applicant's engineer. The applicant shall _ - Comment [C324]: From 10.02. 05 B.3
have the applicant's professional engineer or engineer's representative make
periodic site visits at intervals appropriate to the various stages of the required
construction to observe the contractor's compliance with the approved
be provided in the construction plans approval letter provided by the County
Manager or designee and discussed at the Pre - Construction meeting. The
any paving or concrete work associated with roads or sidewalks. At least
129
I:\Admin Code 2012 \Current Work\Hdministrative Code LDC Amendment 091013 for BCC.docx
Comment [C325]: From 10.02.05 B.5
Comment [C326]: From 10.02.05 8.5 -6
Text underlined is new text to be added.
Ih.. tie w�i„�„a s.,.... nr
ed to ., na...:.. ..�, e r...+e ! iiiist.
Bold text indicates a defined term
9A2
1 48 hours' notice shall be provided to the County Engineer or designee to
2 allow for scheduling of an inspection. Verbal confirmation of an inspection
3 time or a request for rescheduling will be made by the County Engineer or
4 designee for each notification.
5 lb. 'SSpot inspections" by the County Engineer or designee may be carried _ _ - comment [C3v]: From 10.02.05 B.7
6 out without notice on all construction to ensure compliance with the
7 approved construction plans. At any time, if the County Engineer or
8 designee finds construction in progress which does not comply with the
9 procedures, policies and requirements contained in the LDC or the
10 approved construction plans, the County Engineer or designee shall have
11 the full authority to issue a stop work order for the portion of the work not
12 in compliance. If a stop work order is issued, it shall remain in full effect
13 with respect to the defective work until such time as the documented
14 discrepancies have been corrected to the full satisfaction of the County
15 Engineer or designee.
16 5. Changes to construction plans.
17 a. See LDC section 10.02.04 B.5.a for insubstantial changes to construction
18 plans (ICP).
19 b. The County Manager or designee shall be notified within 24 hours. with
20 written follow -up, of any problems and conflicts with the actual
21 construction of required improvements as compared to the approved
22 construction plans. Problems and conflicts shall be addressed through the
23 Insubstantial Changes procedure for construction plans, pursuant to LDC
24 section 10.02.04 B.5.a. The County Engineer may approve insubstantial
25 changes to construction plans in accordance with acceptable engineering
26 principles. The changes shall be reflected on the record drawings.
27 B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer
28 or designee. Preliminary acceptance by the County Engineer or designee shall identify
29 that the subdivision or development is substantially safe for public occupancy.
30 1. General. The required improvements constructed under the policies. procedures.
31 guidelines, and requirements established in the LDC shall receive preliminarily
32 acce tance bv the County Engineer or designee pursuant to the following:
33 Recordation f the final subdivision plat pursuant to LDC section -
34 10.02.04 F shall be prior to or concurrent with preliminary acceptance by
35 the County Engineer or designee.
36 b. No certificates of occupancy shall be issued by the County Manager or
37 designee until preliminary acceptance is granted.
38 2. Submittal requirements. Upon completion of all required improvements contained
39 in the approved construction plans, the applicant's professional engineer of
40 record shall provide the following materials for the review by the County Engineer
41 or der signee:
42 d. Competition Certificate The applicant's professional engineer of recor
43 shall submit a completion certificate for the required improvements
44 completed. The completion certificate shall be based on information
45 provided by the project professional surveyor and mapper and the
46 engineer's own observations. The completion certificate shall not be
47 based on "information provided by the contractor." The applicant's
48 professional engineer of record shall document that the required
49 improvements have been installed in compliance with the approved
50 construction plans. Any discrepancy shall be brought to the attention of
130
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Comment [C328]: From 10.02.05 CA
- - Comment [C329]: From 10.02.05 B.3.c
9A2
Text underlined is new text to be added.
and intent
Bold text indicates a defined term
1
the County Engineer or designee and resolved to the satisfaction of the
2
County Engineer or designee.
3
lb. Applicant's Inspection Repo[(. The applicant's engineer of record shall
- _ - comment [c330]: From 10.02.05 B.3.
4
submit a report to the County Manager or designee which documents the
5
dates of inspection, all measurements, field tests, laboratory tests, and
6
observations which were required to be performed during the construction
7
of the required improvements.
8
Final release of lien from contractor(s). The applicant's engineer shall
9
provide to the County Manager or designee a copy of the final release of
10
lien from any utility and /or roadway contractor(s). I ---- - - - - - - - -- -- - - - - --
_ - - comment [c331]: From 10.02.05 c.3.d
11
dl. IIConveyance instruments. All separate conveyance instruments to the
_ _ - comment [c332]:10.02.04 B.3 g -h:
12
County shall be in a form approved by the County Attorney prior to their
13
submission to the Board for acceptance, and shall be pursuant to Collier
14
County Utilities Standards and Procedures Ordinance 2004 -31, if
15
applicable. If requested by the County Manager or designee, the grantee
16
shall provide, at no cost to the county, a title opinion, or certificate of title
17
in a form promulgated by the Florida Insurance Commissioner, which is in
18
conformance with the county's procedures for acquiring real property
19
interests. No separate conveyance instrument shall be recorded prior to
20
recordation of the final subdivision plat and formal acceptance of the
21
conveyance by the Board.
22
Construction plans and record drawings The applicant's engineer shall
_ _ - comment [c3331: From 10.02.05 c.3.c
23
provide to the County Manager or designee one set of construction plans
24
on a mylar, with a minimum of 2 mil thickness, or other similar acceptable
25
material and 2 sets of signed and sealed brints bcceptable to the County_
_ _ -
comment [c334]: changed "certified" to
26
Manager or designee, showing the original design in comparison to the
signed and sealed for consistency. 080613
27
actual finished work. The mylars shall be labeled as record drawings on
28
each sheet prior to printing of the required sets of printsl. Subject to the
29
approval of the County Manager or designee, the applicant's engineer
30
mav orovide a PDF as a substitute for them lar plans. I
- - comment [c3351: New language
31
Digital submission. The applicant's professional engineer shall also
_ _ comment [c33e]: used to update files.
32
submit digitally created construction /site glan documents including 1 disk
33
(CDROM)l of the master plan file, including, where applicable,
_ - -
comment [c337]: section from prior 10.02.05
34
easements, water /wastewater facilities, and stormwater drainage
c.5
35
system. The digital data to be submitted shall follow these formatting
36
guidelines: All data shall be delivered in the state plane coordinate
37
system, with a Florida East Projection, and a North American Datum
38
1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET)
39
units: as established by a Florida registered professional surveyor and
40
mapper. All information shall have a maximum dimensional error of +0.5
41
feet. Files shall be in an AutoCad (DWG) od Digital Exchange File (DXF)
_ _ - comment [c338]: New language
42
format: information layers shall have common naming conventions (i.e.
43
right -of -way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.).
44
For a plan to be deemed Complete, the layering scheme must be readily
45
understood by county staff. All property information (parcels, lots, and
46
requisite annotation) shall be drawn on a unique information layer, with all
47
linework pertaining to the property feature located on that layer. Example:
48
parcels —All lines that form the parcel boundary will be located on 1
49
parcel layer. Annotations pertaining to property information shall be on a
50
unique laver. Example: lot dimensions — Lottxt layer. In addition, a copy of
51
applicable measurements, tests and reports made on the work and
131
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'9A2
Text underlined is new text to be added.
Ta
V Vw yV V Bold text indicates a defined term
1 material during the progress of construction must be furnished. The
2 record construction data shall be certified by the applicant's professional
3 engineer and professional surveyor and mapper and shall include but not
4 be limited to the following items which have been obtained through
5 surveys performed on the completed required improvements:
6 i. Roadway centerline elevations at all intersections and at a
7 minimum at all points of vertical intersection (PVI) along the
8 roadway.
9 ii. Invert and inlet elevations of all water management structures.
10 including catchbasins, all junction boxes, headwalls inlets and
11 the like.
12 iii. All record drawing data for water and sewer facilities pursuant to
13 the provisions of the Collier County Utilities Standards and
14 Procedures Ordinance 2004 -31, as amended.
15 iv. Centerline inverts on all open swales at high and low points and at
16 100 -foot stations along centerline.
17 V. The following data shall be submitted in report form for the
18 acceptance of streets, roadways, alleys or the like for
19 maintenance purposes:
20 (a) Name of subdivision, block, plat book and page of
21 recording.
22 (b) Name of each street proposed to be accepted for
23 maintenance purposes.
24 (c) The beginning and ending point for each street proposed
25 to be accepted.
26 (d) The centerline length of for each street proposed to be
27 accepted.
28 (e) The number of lanes for each street proposed to be
29 accepted.
30 3. Review and inspection by the County Engineer or designee. Following the review
31 by the County Engineer or designee of the submittals required in LDC section
32 10.02.05 B.2 and that the required improvements are in compliance Wth the
33 LDC, the County Engineer or designee shall approve approve with conditions or
34 deny the preliminary acceptance of the required improvements. (Inspection by the
35 County Engineer or designee of the required improvements shall be completed
36 prior to the arantina of nreliminary acrpntgnrp by the Cni mtv Pnninaar nr
37 designee. L _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ , _ _ _ _ _ _ _ _ _ _ - Comment [C339]: From 10.02.05 C.5- red
38 a. During preliminary inspection, the required improvements will be checked text
39 for compliance with the approved construction plans. Any approved
40 insubstantial changes pursuant to LDC section 10.02.04 B.7 shall be
41 identified and explained in writing by the applicant's professional
42 engineer of record. All required improvements shall be in full compliance
43 with the approved construction plans and the "record drawings" prior to
44 submission to the Board for final acceptance.
45 b. Following the preliminary acceptance by the County Engineer or designee
46 there shall be a minimum 1 -year maintenance period prior to final
47 acceptance by the Board.
48 4. Reduction of the subdivision performance security. At the time of preliminary
49 acceptance by the County Engineer or designee, the subdivision performance
50 security may be reduced by the County Manager or designee. Ten percent of the
51 subdivision performance security, based on the applicant's professional
132
1:1Admin Code 20121Current WorklAdministrative Code LDC Amendment 091013 for BCC.docx
'9A2
Text underlined is new text to be added.
and intent F
Bold text indicates a defined term
1 engineer's probable construction cost or contract bid price, shall be retained as
2 the maintenance performance security by the clerk of courts on behalf of the
3 Board. See LDC section 10.02.04 E for acceptable forms for a subdivision
4 performance security.
5 C. Final Acceptance of the Required Subdivision Improvements by the Board of County
6 Commissioners.
7 1. Generally. The Board may provide final acceptance, by resolution, of the
8 improvements subject to the following_
9 a. Following the 1 -year minimum maintenance period as required by
10 preliminary acceptance by the County Engineer or designee; and
11 b. Following satisfactory completion of the preliminary acceptance
12 inspections by the County Engineer or designee; and
13 C. At the request of the applicant, after a final inspection by the County
14 Engineer or designee.
15 2. JTiming. IAII of the required improvements shall receive final acceptance by the - - comment [c340]: From prior 10.02.05 B.11
16 Board within 36 months from the date of the original Board aDDroval of the final
17 subdivision_ plat, unless extended by the County Manager or designee, the
18 Board, or general law.
19 a. The developer may request two -year extensions for completion and
20 acceptance of the required improvements. A maximum of 2 extensions
21 may be granted by the County Manager or designee. Each request
22 should provide written justification for the extension.
23 3. Dedications and County maintenance. The Board shall adopt a resolution giving
24 final acceptance of the improvements and establishing County responsibility for
25 maintenance of the required improvements if it is the Board's desire to accent
26 and maintain the facilities. The Board has no obligation to accept maintenance
27 responsibilities for any facilities dedicated to public use, pursuant to F.S. ch.
28 177.081.
29 4. Notifications. The County Manager or designee shall notify the applicant in
30 writing that final acceptance of the required improvements and applicable
31 acceptance of the facilities has been granted, notify all affected county agencies
32 of any final maintenance responsibilities, and instruct the clerk of the court to
33 return the remaining maintenance security held by the Board.
34 (D.
Conditional Final Acceptance. 6 developer may apply for a conditional final acceptance.
- comment [c341]: From prior 10.02.05 c.8
35
The conditional final acceptance may occur when the required subdivision
comment [c342]: Deleted: "At the discretion
36
improvements, with the exception of the final lift of asphalt, and in certain cases, portions
of the engineering review director a"
37
of the sidewalk(s) have received a satisfactory final inspection. The developer shall
38
provide a performance security in the amount of 150 Dercent of the estimated cost of the
39
remaining improvements. Additionally, the developer shall provide a letter to �he ounty_
-
comment [c343]: "County Manager or
40
_-
Manager or designee, which confirms the developer's Intent to complete all of the
designee is replacing "engineering review
41
remaining improvements within a 12 -month time period. Two additional 1-year
director' 080613
42
extensions may be approved by the County Manager or designee. I
comment [c344]: New language. Currently,
43 E.
Failure of Applicant to Complete Required Subdivision Improvements.
one can request "additional 1 yr extensions ", but
44
11. County Draw on Subdivision Performance Securit . If improvements are not
there is no limit on the number of extensions.
080613
45
completed within the prescribed time period as specified in LDC section 10.02.04 `'
comment [c345]: From 10.02.05 B.11
46
B.7 or LDC section 10.02.05 D and a subdivision performance security has
prior
47
been submitted, the County Engineer or designee may recommend to the Board
48
that it draw upon the subdivision performance security or otherwise cause the
49
subdivision performance security to be used to complete the construction.
50
repair, and maintenance of the required improvements.
133
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9 A2
Text underlined is new text to be added.
Text ..a. 06 =ttfe,:�.!,!e !a e„a r.,.... 1 nr
Bold text indicates a defined term
1 �Z. County completion of required improvements. When a final subdivision plat has _ - - Comment [C346]: From prior 10.02.05 B.12
2 been recorded and the applicant fails to complete, repair, or maintain the
3 required improvements as required by the LDC, the Board may authorize and
4 undertake completion, repair, and maintenance of the required improvements
5 under the subdivision performance security provided by the applicant. If no
6 sale of lots or issuance of building permits has occurred, the Board may
7 withdraw its approval of the final subdivision plat and may direct the County
8 Manager or designee to call upon the subdivision performance security to
9 secure satisfactory completion, repair, and maintenance of the required
10 improvements, to make his best efforts to restore the property to its
11 predevelopment condition, or to otherwise take action to mitigate the
12 consequences of the failure to complete, repair, or maintain the required
13 improvements. Any remaining subdivision performance security posted by the
14 applicant shall be retained for the warranty period between preliminary and final
15 acceptance to provide funds for any repairs, maintenance, and defects occurring
16 during this warranty period.
17 3. Failure to complete unrecorded subdivision. Where an applicant has elected to
18 construct, install, and complete the required improvements prior to recordation of
19 the final subdivision plat and fails to complete such improvements within the
20 time limitations provided in this section, all approvals, permits, and applications
21 shall be considered null and void. Any future subdivision and /or development
22 shall submit a new application and payment of fees based on the then current fee
23 schedule. Review shall be subject to the then current LDC and other applicable
24 codes.
25 A. RrGGedares#o eFReRt plaRS and fRal subdivisiepIgat,
26
27
28 submit fn the GG Rt Manager nr his des l gRee the im oaf nlnns and f'r.- I
29 subdivisioR Plat fGF at least the first phase ef the prepesed subdivision.
30 EaGh subsequeRt phase shall be subrp,#ed I.AA.thiR 2 yeaFs after the date of wFO
31
32 pFepesed si bdi. icing TA 'a 2 year nvfnnsi s M submit the 'm oat nlnns
33 R--Ad- fiP-;;l I_;I_IbdIkASiGR plat shall be graRted feF geed Gause sheWR 61PE)R �W tteR
34 appliGatiGR submitted to the GA_ Rt1 ' Ma r his designee prior to o rat'n
35
36
37
38
39
40
41
:NM 7- TT►.T- T- l9-IMM 1TIMPIPT.T. -
plans in
light of • • 05 E., iRdudiRg the general Feq
established
seetieR 10.02.05 the _ _
44 FequiFeFreRts
established 'R 6eetien • AP 05 B.2., the FequiFed impreveMeRts
• • •
Plat iR light of the fiRal
,•
1 appFeve
- RY the *MPFGYeFneRt -
1:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
- Comment [C347]: Relocated to 10 02.04 A.6 l
Timing of Dev.
_ Comment [C348]: Deleting "of section
10.02.04 and 10.02.05. Do not want to limit to
j1uust procedural review at time of extension.
I a.omment [C349]: Relocated to 10.02.04
B.7.c
Comment [C350]: Relocated to 10.02.04
B.3.a -b.
Text underlined is new text to be added.
Text StFikethFOugh i tr....a i n
Bold text indicates a defined term
1
2
3 ,des'n
If the 'm en+ plans a a ,.,ith nnnrdi +inns
approved approved
4 the Ge,
my Manager or his . designee shall r nn,-! that the Beard Of GO, Rty
5 f nmmissioners
n en+ +n n en+,.dh rnnrli +inns er dena, the final si bdi„ioinn
6 plat The
rle+erpa'naf'n regardiRg the im eat plans and 44e
7
Ap.da +inn regarding the final subrdMsion plat shall he in ,rifiRg if the
8 (ao, nt„
planes nenrdi +inns on the improve on+
Manager nr his ,designee denies
or
9 plans
n eR ds denial rap,di+ions n the final s, 1b,di„isiop plat he shall
OF
10 sate r
s far s inh rdepial n nn,di +ieps endAtien Af .dARinl n
11
12 o, e^;
13
VVit#ia 30
the
15 GA, Rta,
Manager or his r'Iesigpee shall s ,brow+ his r en,da +'nn to the'RAerrd
16
17 fin-;;' subdivisSion
plat After rn ip+ by the Rnar,d of (an, nh, (anmmissinners of fhe
18 G0 IRta,
Mapager er his ,Designee's r eRdatiep the Beard of Qe, mty
19 GOlTlFni66iGReFS
thP- fill-Al the for
shall pIaG8 subdivision plat OR GORsent ageRda
20
21
22 r his .designee
+hen +her enrdatien of the (an, mfi, Manager or his
23 desigRee
on the fiRai subdivisien plat shall Fel*laip an the P-A-RiseRt agenda and
24 +hA final
s„b.diVisiOR plat shall he a erd therewith If a .her of the Beard
25
26 r his
rtes'gpeA A+hen.dse r Osfs .dish n the r eR da +ion then
27 the
nn dnfien shall he +a Lep Off the n eat a eR da aR d Fn ay be
28 Aisn, 1sserd
OF s.nhe.d, deal far a , ibseq ,eat hearing .date After a, -n Antine Af the
29
30 A_R the
fin-Al subdiViSiOR plat. At the heaF;Rg, the Beard Of GOURty GE)MMi6SiE)ReFS_
31
32 fa Le ea,i.depne
anal +es+iry my in regaFd to the final s, b- diyisien plat re en +s
33 -;Pt fArth
I;PPfiAR 10 09 04 9 '2
34
35 Of GO,
mfi, (aom missiopArs ,dep ies o places EN A- di +inns An +he final s„h.dWisiAn
36
.
37
.
38 A.
Gii- nerall NG building permits far habitable str„ah,res shall be
39
40
i--------___..__...-------
-final
42
euh,diyisien plat shall net entitle the final s bath ,isiep plat to him- renerde,d
43
44
45
ns +g n +inn of the r read im eptn
erfnrmanne s riff, for the n i
46
both n site aR d off site has been ens +e.d by the a pl'nan+ i a format
47
48
,
49
.I _
50
peFf9FmaRGe s grit„ has been a ed aR d a epte,d alterpate
51
135
hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
Comment [C351]: Relocated to 10.02.04 B.4
{Comment [C352]: Relocated to 10.02.04 E I
Comment [C353]: Relocated to10.02.044
E.2.a and 2.c
Comment [C354]: Relocated to 10.02.04
LE.2.a . Modified but intent retained.
f. A
Text underlined is new text to be added.
Text ,. _ .., i n_r
Bold text indicates a defined term
1
by the
n e:+y deyelenmen+ a d +-,I -Ad-miRistrater, Gr h'
2
des+gaee-
.
3
iG. Reeerdat;e^
Nreeedu, e. After z appreval ef the fiRal subdiViSiGIR - -
4
5
4&eio
reG94Rg of the final c brd'v's'o plat w ith the elerk of the
6
'+ r u Ft all of the
7
8
Ewer sheet /s\ that aFe associated with the a I' a +' vl' a +' s
9
10
E)f title er title ewt;f;eat'e n,d aRy ra te m
11
GGRSeRt(S)).
12
k.
The ?I"-I^-!iGaRt shall submit the er;y nul fiRal subdivisieR plat, and
gnus narat� GGRseRts, e' Peaifir-atieRS o f t 'tl + th
14
ce Hnt„ Manager er h s yes e after eb+ the �+ r
15
16
17
III.
Sim dtaRee sly With the submissieR of the fully n G + d f' al
18
_ bdi Si-) SiE)R plat +e the - e _..y Ma .eaer _r h a_ de ° . ga _ the
19
u� aRt shy!l ale, subm,t ;, ..,erda G v th F c § 1� at
20
n4 expeRSe to the a nh. either a t' +le n a f e a I' .d
21
22
with the Standarrls fr.r s eh n as they may be r, I a+ .d
23
fFGFR time +e time, ar a title eer+'f'ea +'e ,ell as aRy requiped
24
EIE)GUm n +s c n.,.,r+'nr. M`h ti tle 'nfermatiE) _Rd aRy 4eh related
25
dec,.meRts as F nu y be ed by the off'e of the nfi.
c,
26 atterney.
L7 The effeo+'ve date of the title 'nferma +'o s+ be +ha 4f1 RE) 28
29 f ei Rty Manager er his .des'n nrd m s+ eeata'n all of the
30 feIIE)Wi g:
{ �� A legal loevs ' +' f at least the lCncdrT h °rn� platted;
32 (b) A state ent that the tterne, I'eenserd +e +'ee ' +h
� arroi�ic��'- ;roc vzv--praac- crcc�rrzT�rc
33 stag °f GI„ r,d ;-;Pd- that the atte r has a e.d title +
34 the s hoot real n er+.. if a t' tie e s heir,,... 'rJ rdi
35 (c)ldentifieatA-r+ef the yet RGIme ef @ r-rsn whG s the
36 teeorrl A'.A.'ReF of the b'vot real n eFty Rd a speGifi
37 ri +a+ien +e the of Gial r errds beak anrd page, where eaeh
38 coGorrl legal n eb+a'nerd title to the s b'et real
39 ert.. The ti +le 'nfermat'e shall have at+aeherd +here+
40
41 td dentifieatien of PeRS, eRG6lPRbpaRGeS, easeFReRtsGer
42 m He hGW r that sheu {d h b I +e
..a crs s. �o that � be s.. TTZrs��sronszo
43 a1 +'+le iRSUFaRGe el e As may be a r,l'eable
44 the title infnrmatien shall inch de in eatly he nrd fashie
45
46 refereneerl lie mbran eras
47 Pwpli ipiApp The +' +le inferma +'e shall have attaoherd
48 thereto a of an.. Ugh ias+rWments
payment of re erd n and e . fees The dIR d fees
49 lip. � i i i i i i i �� r.9 ai � op��ie rrr �zcvivrn g-ai ereevp�TCC O�
50 r Fed +h ce eet'e must be ve" f;ed aS ev ea+ anrd pair! by the
51
136
hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
a0
Comment [C355]: Relocated to 10.02.04
E.2.d
N
y "'c
9A2
Text underlined is new text to be added.
Bold text indicates a defined term
35 i,ro,, enter
36 The effect +i,.e date of the supporting "gap" title inFormaH a m , + ha
37 thFaugh the date A-f repprplafie the fin—R.,
Plat and
38 S+ at r the between the time the
39 offer -,t ,p da +e of+he'nforma+ian reqH:red h�7��abE)Ve Wh,heR
40 hm't+erd and the da +o anrd +ir„e of reoorrlino of +he final Plat anrd
41
42 of a orrderd dlA-r-,t-lrA(9nt;-#i6-)n of +ho holydero of any estates,
43 lieRs, eRGHMbF@RGes „ en +c no+ n erly iRd irded e art
44 in +ho de d +'o GGR68Rts nn the final SUbdiViSiGR plat The
45 SUPPOPt 'n '' ++le information c+ ha „e a + +a he d +here +o a
46
47 G-,G—AAt--G-,tiG:)P . ; +h s uhml++alo fr.r the final plat's r orrdinr Comment [C356]: Relocated to 10.02.04 E.3
48
49 of the final ouhrdiy Sion plat the development c
50 a mnc ra or may of m hctan +'al nhannec to
51 the f Ral plat. Comment [C357]:10.02.04 B.5.c
137
I:Wdmin Code 2012 \Current Work\Hdministrative Code LOC Amendment 091013 for BCC.docx
7
10
11
12
13
14
15
Text underlined is new text to be added.
atttk
FeleGated to the AdFnF
Bold text indicates a defined term
7:Fa
Comment [C358]. Duplicative .
re,., es +e
°_-.----------- ----------- --------- -- - - --- Comment [C359]:Relocatedto10.02.04A.4
16 -- --
17 :fh'n rf'on f; 04.04, Te m;M
18 B. GOR&UGtiGR Of TeqU:r-ed impFavemeRtS
19 1 GGRGtr r +'n cn e n'f'n. 'e !n o +r n+'e ,re f' .f shall be these pFesGFwbeEI a
20 in the design r w dremeRtS r.f +h n sec+ these n 'h d by the Florida
21
22
.,r N
23 M , is de nn theise n+`'ne,+ n the d f ti I
24 spedfiGat'ORS prepared by the liGaRt'e. e.f w el feF h
25 s6ibdMs*oR r , eyelenmen+ Wh'nh FR ay end n p rl PDOT + M d
26 a projeiat by pFejeGt basis.
27
28
29
30
31 federal state Rd leGal development . r
order '+ fT'h G + M
32 er his deSigRee shall he ne+'ferl 'n ,r'+'ne at least f 48 h d f the
33 date of ee"',,,eRGe Rt of D..Gh GE)^DtFUGfi„n. G..nr. +r. + hql h f
meneem
_ - Comment [C360]: Relocated to 10.02.05 A.2
34 6Inner the ner,e,r.,l direr —Aia ;;nd ebse : atiG . of, -and shall a+ au tomes - - - -h - - h, +
35 to, review by the County 11Aa or his de i e • h +h' h II
36 Peke _ e then li...,n+ of +her ono'b;l'+y fGF f'n-,I n nl' ' +h +h d
„� nn e�n nm .,
37 imnroyemenf nlenc easel all of the r . i ..e f f thils sep-fin-R. C I rf f f
38
nl a giReer shall be fled with the (`n .n+., 11 AaRa h' d
40
41 have been inc+alle a n w r �n a with the e r ., a m r f 1
42
43 nr e ee ., , _sentative make „ed;G s;te o,s is a+ n+en,als at +
44 the .u,,.,..., S+.,geS of Pe � red meFGcemen+,...^Str,.G.;9R to ebs - th +h'- — - -
45 ,
� Relocated to 10.02.05 A.3
46
47 rmm�latieR Cer+!f, -ate fe' hA—,.;e ed eRtS GG I +�h
I.,....,... ,. reNu'r m�re mY,c.
48 rGm le +ion er+lfinw +e shall he h4ceI7-j A—A nfnrmat a myideu by the f
49 s6, n the o -,
ehoen, +'n The r I +' r+ "f" ., + .. ..h II
l. rf II
50
138
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
Text underlined is new text to be added
Bold text indicates a defined term
1 her nhded +e the sa+"sfar+In of the eRgineer ng SeN c dlFeGtGF PFIGF to
2 prerm nary arrep +anre of the impre „omen +r i
Comment [C362]: Relocated to 10.02.5 B.2.a
-
3 4. Gnnc +r r +'nn Ghed le I Inns appre. dal by the Gn n +v Manager er his designee
of
4 the 'm en+ plans and �nr'nr +o the ep+ of runs +r Hr +ion Of the
5 required 'm opts a preconStFIJGtiGR ee +'n shall be rnpd r+ed The
6 preCE)RstruGtien meetiRg shall be rd.nd r+ed by the owner and attended by
7 Fepresentatives of the r n +y, +Tfv r the pl'r n +'s nrofess'n al
8 ee of rennrdJ the Gan +roG+nr and the develnner. At the nrernnc #n a +inn
gee+'na nhedulle of Gans +r r +'n nd Gepies of all plirable s +p +e and federal
10 permits shall hen vided to the Gee Rty Manager or his desiepee 'n+ least 48
11
12
9R Comment [C363]: Retained language: At
13 er+ p er to the n nG +r. r +iep meeting, the Gee �n +„ Manager er his
_
least 48 hours' written notice shall be provided
14
for scheduling the preconstruction meeting with
the County Manager or his designee.
15
16
Relocated to 10.02.05 A 080613
17 GGR&Hiated ip ed roadway areas shall be r nio +ed in r r do. no vVith
Comment [C364]: Relocated to 10.02.05. A.1
18
19
20 er+i..e ...erL nn the r red im en +s shall he nensidered in srhedi
Jinn
21
22 des'n shall be Ratified within 74 ho with written fd,nnud u of env preble
ms
23
24 to the r ple+ien of the r red im en +s ip ohs +np +inl r pliapre with
25
_ - - Comment [C365]: Modified and relocated to
_ _ _
_ _ _ - -
10.02.05 A.5
27 beneath the pavement shall hen nle+edd tested, nd fey Rd +e be in
28 GeRfEwmalPlGe with the a edd i ep+ plans p r +e +he ins +nlln +inn of
29 pavemeRt. All p a+edd with a n +o pd s r fanJiKp
30
rd
31 nrddinnnne [No.] 88 76 [Goo rh 134 art 1117 a ended and all n +her
rd
federal, state and leral r i Ja +inns and- Ia,.,o
32 pplirahle fee
33 6. Gnnc +n Idien in er+inps by the e s ddird,!. F I Ipon a
al of
34 the im en+ plans by the e s direr+na +he a plinan +d
35 prefessieRal engiReer of rennrdd shall hen vi -e - Dui +h A list of s +an __rd
36
37 Aln+ifirafien of all r read in er +inns shall he ron+ained in the a dal letter
far
38 the de..elepmen+ -Rased en the scheduling nd n e of p ns +r r+'o the
-
39 plirap+ shall her sihle +o ne+ifld the eRgiReePIRg s direr +nr n
r +o
40 the fime these in er +inns a required. of least nR hours' ne +ire shall he
41
42 Verbal GE)RfiFM@tiE)R Gf jRspeGtiGR time Gr a request fGF FeSGhedWiRg Will be
Ma
+v� the ennl neerinn sendires direr+nr nn each nn +fora +inn made
43 . [
_ - Comment [C366]: Updated and relocated to 1
-
,irod in Utilities - - - - - na-
44 6M ANTeguF „Tspei;ti ,Ts as stn +ed i ilieFGeo�nty �c;�arQ�
- - -� 02 05 A.4 J
d
45 Drnred res Ord i nap re suhserfien O n 7 s h a 11 r ne +ire M the e
46 s direr +or 'Also the e s direr +or shall he nnfified of
the
47
48 with Feads er sidewalks. I
, - f�,omment [C367]: Relocated to 10.02.05
_
A.4.a
50
Comment [C368]: Relocated to 10.02.05
51 thFeugh he @PPIZRt. ._....--------------- - - - - --
A.4.b
139
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9A2
Text underlined is new text to be added.
And qFiteRt Felecated t de OF revised
Bold text indicates a defined term
�S2 etyAthstandinn � +' + the
,�. The- fefeQ^d;;g -R , r^ ��- S�o�ef_�,m_�S- �- eflqf122ffRQ _ _ _ _ _ - - Comment [C369]: Combined with above and
6ePV Geis d'r n +n be ed e t , ; thou + netig all G St ., .-, ,.+n., t relocated to 10.02.05 A.4.b
3
4 PFGGess, if the s d;rester finds reen-strudie-in wR ..hish
5
6
7
nrk order is 46sued, i+ shall r n full e#eet with r en+ to the defer. +'v
gnrL until s sh +;me as the deli imeeted d ;serenaneies have been a Farted +n
10 the full satisfastieg eF the .. s d'restnr
11 Design g,�a +nnthe-ared ;m eg+ alaaa ek
12 e
- - -- -- -- -- --- --- - : - - - - --
13 appFeved by the GG IRty 11 Aanager er his designee Initial aentast with the G9 nt..
14 Manager nr his designee may be by verbal nen +art whereby a re Unt„ Manager
15 eF his designee's field r entati „e May end a al to the DSD
16 haled on a Feld in nen+ien of the de.dat;n and based en its a alenev to the
17 appFeved design Hewever if required by the Gee ant.. Manager r his des;
18 de +ailed ...ri++en desnr;n +;nn of the n ed de..ia +inns OF ested design
19 edifieat'e the fer the de atie ed'f'ea+ie nd r ed eF
20 mpFGYeFneRt plans shall he s, ibmittell to the County Manager nr his designee fnr
21
22
23 .
d testis. sin +' the + f
4 i-0. {�G'�2SFiieti�2F�5- E3f�v -�c° G^TOCrvvriv i, °c- ca�ppriwr^rrTpivrcooiorivr
25 of re nrd shall ci lb.nit n.+ to the GO Rt.. Manager er his des'n
26 whieh dn.v invents the dates of insneetinn all m ants field tests,
27
28 EeastfastiGR.
Comment [C370]: Modred. Relocated to
10.02.05 A.5
29 i _ - Comment [C371]:10.02.05 EA
30 sified iR n o� + ;�� �n- n� -nn -Q b -..d � b di, s nn perfin-r.m.-amrGe iFAy
31 has been submitted the e s d;rnetr.r m end to the
32 hoard that ;t draw uoan the subdivisinn nerfermanne s it ;t„ n e-then.Bse e
33 the subd6dsinn nerfermanee s Ur;t.. to be i ed +n n plate the s ns +n n +'n
34
35
36 .
37 The developer m request n year evten s fnr emmpletien and a eatanee
38 of the r red .m ants A m ..+
of 7 nen --ens may be n anted Canh
39 request shni Jd n vide umi + +en 6 s + ;fiea +ing fnr +he evens :nn
40 � - - Comment [C372]: Modred. Relocated to
41 10.02.05 E.2
42
43
44 in+enannn
of the r red im en +s Under the si ibdi..;s;nn nerfnrmanne
45
46
47
48
49
.
50
51 satisfr.etnny
n nlet'n FepaiF, and m ORtPRanGe of the r red im en +s
140
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
Tex! GtFi'(8thFeW@h is e n.�.� , r,.,d.. OF .,.. a..,.a
nd intent relocated t Bold text indicates a defined term
1 +e make his hes+ efforts to restore the p party to i +s predevelopp.ent gondi +inn
2 el: te a-the-P.A.4s6e take aGtion to mitigate the GE)nsequeRGes of the fam!uFe to
3
r4 the r ed im ants the nt„ Mapager er his designee shall r pert +e
5 the Beard ef Geunty and the -heard shall aGGept by ri@69161tiGR
6
7 plat IR c Uoh ^ e the r uhdivisi norf ^rmon ^^ l irifii p ^camter! by +ho
8 applorant shall be retaiped fer the warran ty p ied hehyeen preliFRinapi apd final
9 aGGeptaRGe in Pew of the r _ red m iptepape.e n ent and 6uhd6.i60op
10 perferrvnaRGe s Srity to p yWe f6lRds fer any repadr6, intenanoe and defeats
11 GGGUFFiRg d , g this warranty p ied
12
13 6 +n p+ Rd ^ plate the ed i - _- - - - - fflffevemeRts - -r tom-
14
15 .
16 We rpferepse shall he made to the pre G.pipap. suhdi.dsien plat or the final
17 subdivisieR plat with r eo+ to the sale of lets a issuaRrUe of Wilding p mits
18
19
20
21 shall be required top sa te the o Rty through the payment. of now revieY.,
22
23 .
24 G. GempletiOR, appFeval apd aeeepta„ee E)fFequ;€ed iFRP-eveFReats-
25 110 P_eperal The r red i n +s s ns +r„r. +ed u nder the pelisies pFaGeduFes,
26
27 .
28 011 applisahle gop.pleted water and seiooer fagiGt es shall simu dtapeou illy be
29 Genveyed +e Gamer rep Rty er +e rapier rep gyp„ Water Sewer niG +rip+ pr its
.r
30 depepdent ater , r .. .rip. he Fe ate ' or then a +e water
31 ..
r distriot in onfor.anoe with the p of Gellier Ge.un +v (lydinanoe n1p
32 134, aFt. 111], as ameRded. All Feadway
33
34
35
36
37 pscvrrGtF6lGted.
38 2. Aeseptt
lPrEel`RpletionfaallTequ%red
39
RGeorrrequ;red nts—
40
41 designee
All Aster ands r faoili+ies a ed apd a opted in this fashion
42 and r
red to hemaintained by Collier GG Rty shall he o ,ed to the ^ 1*
43
44
45 agFeement
apd the pes+ipg of subdMlsien porferm apses rihi for the
46 rnaiRteRaRGe
of the r red im en +s shall her red p r to the
47 pFeIimiRaFy
n al of +he ^ plated r red im en +s
48 3. RfosedI6lFes
fog- aGGeptaRGe efFequired impFevements. Theap ,r 6
6hall
49 the fellewipg
data nertifipa +inns eo +inns and des„men +s for review nd
50
51 [FRanagerl
r his designee deRying n aptipn n antipg with oondi +inns
141
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
Comment [C373]: Modred. Relocated to
10.02.05 E.3
9A2
Text underlined is new text to be added.
Text kethio gh is _ t tp)d to he deleted f.,..., [=[)G
And intent Fe'acated t ode OF revised
Bold text indicates a defined term
1
2 alithnri Zing the site development review direOtor +e is arly building p m'ts
'
e + as revided for in eO}ion 10.02 04 A 4.d. of +h:6 Gode fGr struGtures z to vim°
stn.e.ted yAth'n A SUbdiVIROAR or deyelepmeRt where the deyelepnr has
5 Ohncen +n n +r .n} }he n+s r to ord'p of the plat
6 a. nnaintanange a en+ and subdivision performanne c :riff, The
7 appliGant shall ° n: rte n inters agFeemeRt n an+ee'ng the
8 required . . ^ et , st defect ' workmanship material f..:
. mrrve enc wow ^ „ and
9
10 required kripFovements by the Beard Of GE)URty QGMMiSSOGRers and
11
12 intenanre a eat shall be s: ibrr.i + +ed +o the County Mapager er his
13 designee along wd +h the n ale +inn Oertifira +e develepment r r.rds and
14 I hdi;i periormanne s +v far m +enanoe of the r red
15 im prn.,e. pen +s in in+ equal to +en n eat of the GOSt Of reg , red
16 irnpFevemeRt6. The s: bdM!5inn perfnr riff, shall he in a form
17 established by the Ge unt„ 11 tanager Or his dec'n a from time to t'm and
18 as shA- vn in endiv A Fn-aintenan% na agreement ands r'h, shall
19 be apprGved by the GGURty attorney prier to aGGeptaRGe4
20 .
21 b. Assepte„^seefdedina +inn and m in +eaar;se ef improveMentS. The
22 dedinn }ion of p :hlin 6paGes, arts Fights of way, a en +s or required
23
24
25 resolution adopted by the Board Of GOURty G9MFRi66iGReFs *Rdiisating that
26 the appliOan+ has attested that all required im ents meet OF eed
27 the standards established by this section. SUGh Feise'Ut'GR shall be
28 prepared by the GGURty Manager or his desigRee after all of the
29
30 nents have been met to the satosfaetion of the COURty Manager
31 n-F h0s�esi-
32
33 den: aments The required im eats shall not ben sidered g ale +e
34 6IRM a statemept of substar,tial O pletign by the a p"Gant's prefessiepal
35 of rengrd aleng with the final deyelopmept r grds have been
36
37 designee far GGmpl'a ui +h this sea +inn The applioan +'s prnfess'nnal
38 °n Of r Ord shall also f sh 1 e+ of r ord On;pK n+ pla
39 a m..lar Or other similar a eatable material, with a minern, wn of 7 mil
40 th'nkpess and 2 sets of nedified prints n eatable to the CO :nfi, Manager
41 or has des+g;ee, shg g the al de n to the g+ ual
42
43 sheet O iler to printing of the required sets of grin +s The applioan}'n
44 professiORal a shall also s-:hmit digitally g ea+ed r nstn:ntion/sito
45 plan dog,invents 1 disk (CDROM) of the master plan file 6FIGIuding, ,.,here
46
47 dFaiRage s }em The digital data to he Submitted shall fell-:.. these
48 formatting guidelines. All data shall be delivered in the state plane
49 GeeFidinate s ,stem with a Florida Fast Droieg +inn nd a North Amerinnn
50
51 /I IQFFFT\ nits; as established by a Florida registered s and
142
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
T-B)d StFikethFGugh is GI IFFRAt tPXt tA h.. deleted fFnFn LOG
I the ndm _ e
and intent V _ _ tV d Bold text indicates a defined term
1
2 feet. Cn'I cTsharll r be- ' 'n ^- c- Digital r c -vahaa ya He (DXF) ferrat• 'nfnrmn +fv
. _.. _.
3 ,
4 GeRtedineSC1 , edge- 6frFpav"c°-rnelt Cno ^ +..) • r.,r plan to be
5 deemed I + the layering home .r.l + be �rearlily understood b�£
6 County staff. All propepty 4ormation (parGels, lots, and requisite
7
pertaining + the property f at ,re Inca +eel on that layer. Example:
9 1 All "Res that form 1 boundary will be IGGaterl OR 1
parscr3�cmnTar- rvlr-ImTrzn�Fraroc °r oviailaaiT ...
10
11 am layer. Example: 1.+ A:.......s n+Fv+ lay In additin -- £ of
12
livable e,••„•n• ±r. tests and r ner+r, ..•a.te -n the eFk and
c+F'P er _.
13 rnaterial dUFiRg the nreareoo of Gnnc +r, _tier, m -o+ he furnished. The
14 reGGFd „G, •,•,t• _.,_t.... • data °hall be certified by the annl:aan +'c rafeoc al
15
16 Imm el to the fOIIG a item- wh;ah have bee obtained through surveys
17 n l:fw ,ed e^ the __. nle +ear al i e,+ imprevemeRtc
18 I. Roadway e `.,,1;^., ele.w +:e,._ at all 'n +e.....e + ?e.._ and at
19 MiRimum at all n 'ntS of ..erti^aI 'mercer +inn (PVI) alnnn the
20 feadway.
21 ... 'R Ft and ,d ,, ,I„t ele atie •s of all ..later ...v. semen+ otrl rat r_-
22
23 the
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
143
LkAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9 A2
�i
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Text underlined is new text to be added
Text
and intent -eingated tn
Bold text indicates a defined term
26
27
28
29
30
31
32
33 required
rnaiRteRaFlGe period pursuant to paragraph (3) of thir; seetien I Intil
34
35 by the
GOUR y Manager his designee.
36 7. Final approval
and aGGeptanGe. The appilGant Gourity
37
shall petitiorl the Manager
38
39
40
41
42 if it it the
board's desire + + . rl + the F '1'+' The beard has Pq
43
44
45
46
47
48
49 the
seer-
50
51 a developer
may apply for a GOnditiORal final aGGeptaRGe. The GGRditienal final
144
hAdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx
9A2
on Mill
Text underlined is new text to be added.
d ntpnt relocated a or revised
Bold text indicates a defined term
1 aGGept@RGe May GGGur .th °n the required subdg ...._.... nr . _..._nts With the
2 t' R .,f the fiR@l 1 f Gf asphalt, and ;R `°.+ ^,r, Gases, .,^r+'e RS °f the
3 sidewalk( s) have received M s°+,sf.,n+ ry final n eGtOnn The developer shall
4
5 c.. + of the nits add'+' °n°Ily, the deyel^r, °r shall provide a
6 letter to +h` n r.'.. a d re Gter rah: ^h Confirms the rd °v°I^n°r's :n +on+ +n
r °tt °t
7 + all of the FemaiRiRg iMpPGVeMeRtS Within ^ 12 man +h time d.
8 AdditieRal 1 year h° ..,,±_....,....,.... y approved h+h° _ ^ __. . ^ _.._..
-t. ny n° ny r
9
10
11 plat shall be in , ^; +h F.S. § 177.101, as amended. _ Comment [C374]: Relocated to 10.02.05. C
12 E.
Imo,- ^v °m °n+ PaR D°^udr °m °n +s -- - -
145
(:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
i, Comment [C375]: Relocated to Admin Code
and LDC 10 02 04 D.2 .b
Comment [C376]: Relocated to 10.02.04 B.2
Comment [C377]: Moved to Admin Code. 1
Construction Plans and FSP — Digital J
Submission Reqs
. �
Text underlined is new text to be added.
and intent relocated ta de er Fevised
Bold text indicates = defined term
2
3 G1. .4. det—Ailed water maRagement plan OR aGGE)Fdancewith the master watef
4
5
O GGmplete water management system jRGIudiRg, but Rot limited te, Glesed
7 dFaiRage areas, desigR high wateF, FeGUFring high water, aGreage, -a
8
S
10 subdivisiGn plat PLAFSLJaRt tG seGti9R 10.02.04 P.3. te be utilized by the
11
12
13
14
15
10
17
18
19
20
21 GE)RStFU6tqE)R permit subm ttal. PF eF t9 approval the appliGaRt shall provide
22
23
24
25
26
27
28
29
30
31
32
83 10. A2.04 A.3.
34
111F RgS ef the
35
30
37
38
39
40
41
43
44
45
46
47
48
49
50
51
146
/^*vmi" Code zo/z\C""°*W"mwommmtraove Code mc Amendment ovmm for eou.uocx
9A2
Comment [C378]: Included in the Admin
_--
Code Water Management Section I
Text underlined is new text to be added.
�T!!�Fli�!!IIFGII@11 is GWFF9At text to
Bold text indicates a defined term
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
9 A 2
Comment [C379]: Revised Moved to Admin
Code
Comment [C380]: Relocated to 10.02.04
B.5.e - - - --
Comment [C381]�All of E.3 is relocated to
10.02.04 C
.,6 ib!'G reDrt4 The tree+ syMp —rn e+ si-lh—dk-4sjen appfeyed _ �CO3 mment [C382 • Retained n 4 03 08 A 4
., .s, DD+ +., +hie SeD+iD., ch a be �e.,.,o� +e.+ +., .,� ihGr� F.,�� -I �.�hiGh 06 +o +e ss reference t ]4.03 08 A.4 in new 10.02.04
i
.,� . �... .., +�� mein +Diner! �aiith .
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
jly k'ea�
Text underlined is new text to be added.
ad
Bold text indicates a defined term
Comment [C383]: Retained in 6.06.01 I.
- Comment [C384]: Retained in 6.06.01 M.
Cross reference to 6.06.01 Min new 10.02.04
C.7
0. Sanalo._AF!„ al Whinh fermsa a.t of the a, .h"G Wat i _ Comment [C385]: Retained in 6.05.01 E
system ohall he . ed-ie.a+oa far and .,, 'n +e,naRGe p r the r eRb Cross reference to 6.05.01 E in new 10.02.04
C.6
water m _ ded'Gated +e the p 1hl'a .: thO t +he
e.'h'I' +.e fer m 'n+enanre as a drainaa ent A m intepaAGe
ep+ of a size eptahle to the Go Unt.. Manager ar his decianee p
easeMeRt n ea+ed m lot ho of n c - kahle fer the n ed n al aRGI
+r Rte
'R3ePA 6y6tem ; - Comment [C386]: Retained in 4.03.08 B.
i � Cross reference to 4.03.08 B in 10.02.04 CA
rhaono Renamed -Water Management System
�se�j�appPGable, easements shall be eed alepa ret 10^^^
v,vs.vrnrrcavr Comment [C387]: Retained in 6.01.02 (intro).
alana the aliapment of the im epic -r- - - - - - - - - ent., in
ardanne With all de6:an r epte, s as H. n vide fnr p
c to and r Rstrn r.t:nn and m intenanne of, the im ento All
rekninane of bdi.,ioipn plot is not submitted, then the n nn +c need to
_ _ _ Comment [C388]: Retained in 4.01.01
Cross reference to 4.01.01 in new 10.02.04 C.1
PV
Renamed: Elevation, land filling, excavation,
and demolition requirements for all development
ram mic cianenr FF=MNClonn nr Qnu hh Clnrida Water Management
148
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' 9A2
Text underlined is new text to be added.
Bold text indicates a defined term
1 D`+-- _+rr' +er:a All laWul r 6lat'G.,_ with rofornnnwn +n bulkhead linoc
anr
2 $a +[va+ c. r] ha rr'e r I'n s and ether appropriate re elatinn c re garding l
3 rtinng,- G...,,se atia ,.,......,n} n. ' emel.f.O Rd related r n latie Rs chill
'r.'
:n n n ,
+he r9nntr6lGt;E)., of any. �w+nre emnn +S .ii +bin GGIIier
4 be obse ;e,d d6i,,
12
6 Ih C' M rl a + C' h 11 .+ +s 6hn_II hn ern_"' ina at nn nnS + +n fhn nn 1n+ 'n
Comment [C389]: Retained in 6.04.03 B.3.
7 all 1i and rteye'O GRt6 In all Gases, fire hydrants shall he
,h. ±? ,rr�- rzr�rrt c.i -.. ... .. noo... ... .. ... ... ._ shall
Cross reference to 6.04.03 B.3. in new 10.02.04
. -•T? . -- - -
n 'nerd and s Gerl':n the ...`..... nr _r;berl Iby� the�rdeGjgp
C.5
oatien areas, senseivation area6,
9 requiFemeRtS of this see +den
10 na and ente, an eentrnl n into
P
permanent r• menu an.J enn +rnl 0 n+ ; Comment [C390]: Similar to 4.03.07 Cross
h ll h + 'bed by.
11 shall be
F.S. Gh. -177 � amended. a pertaining reference to 4.03.07 in new 10.02.04 C.2
Details p. � .�
12
13 fGhh by these r ell la+:ons anrd
these nreser'berd by F.S. eh 477 a-
14 ameasled,
15 °aFk6- npr'evtceevtaea aFea6, ppcse
oatien areas, senseivation area6,
16 eat e al en.J e"h""I
ri +e° l _ _ Comment [C391]: Language relocated to
17 PaFk6, pmteiated
ilen aFea6, GGRISeirvatiffl aFeas. 10.02.04 C.15
18 J a --
- ese ,a +;^.. areas and ^_.._p. _Mien
19
20
21 federal state nnri Ineai
a
22 ... 17eereatienal a.,....`..
Resreatmenal _^_ shall he rlerdi_ate.d anrl/er
24 nrd /er oeny.eypnnn r
'repents Herd r g la +'ens of federal State
25 and legal ageRd-
26 .... Cshnnl Sites. Ceheel
s'tes shall be derdiGa +ed andIoF a ierd in
27
28 GenveyaRGe FeqUiFemeRt!6
and regulatienis of fe Jeral s ta te anrt
29 lesal ageasies-
30 h PlantiRgs, +r___ aR d graeel
All riehts of wa an J earemen +n for ..tree+ Comment [C392]: Retained in 6.06.01 0.2
a
31 eards rdriyes and
the like shall be nlan+eri with +ree� g Cross reference to 6.06.01 0.2 in new 10.02.04
+her cMhle vegetation n
32
both s'rins nrrJanre yai+h +h C.9
6,des i � w..Ge da Ge ••••• • the Renamed - Landscape buffers
33 speGifiGatqGRG, Iimi +atie nrnre.d.
rns types anrd inters aIs set fnrth in the
34 .ate n intyi r u lat'eni
Rd r en +s indudiRg but not km4ei d
35
36 n d'n a Ale 82 91
n.Je.J rs , erderl by er,Jinanae fey R d i
37 Gene eh 4401 act III All
.i+hin rah +s ef_way shall he
38 Scahilize.d by seed a sad'"
of e. t+iy.ate 1 grass speGies _ { able +e the
40
41
42
43
44
45
46
47
48
49
50
51
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- Comment [C393]: Cross reference to Utility
Standards Ord. 2004 -31, as amended in new
10.02.04 C.14
Text underlined is new text to be added.
and
Bold text indicates a defined term
44
45
9A2
46 _ - Comment [C394]: Language relocated to 1
- -- - - - -- --- J
47 - - - - 10.02.04 C.
48
49
50 ohnll be n .nrl y .- ..d +h rnn.Jitinno nr rlon'nr! Tho
51
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Text underlined is new text to be added.
Bold text indicates a defined term
10 R. Streets aR d aGGe i en+G
11 Inn c„hrvcen streets ar.e �� imnre.e., en +s a R_ d related
faGOR6e6
_ _ -
Comment [C395]: Retained in 4.03.08 A
_ _ _
12
_
Cross reference to 4.03.08 A in new 10.02.04
13
C.3
14
15 and Felated fee Hkoes shall be in 4.0th the desigR
16
17
18 StF6IGt6IFe, lra'paae o' le,., ILc I . +r ff'r .n +re Uc44,- .de..inec 111-
19
I _ _ -
Comment [C396]: Retained in 6.06.01 A. ]
20
Design Requirement, not Required
21
Improvement
22
23 appFoppiate FelatiOR to th8 PFOPOS@d uses of the land to
be
24 by sueh€€
25
-
Comment [C397]: Retained in 6.06.01 E.
-
26
Design Requirement, not Required
27
Improvement
28
29
30
31
32
33
34
35
;lh1 All ev's +'n and fi fi re n hl'e anrd pr re +e rights of
36
wa., +h a+ _ -
Comment [C398]: Retained in 6.06.01 0.1
37 aFe designed p ravel to eaeh e ther er to the he
n.dap, of a
Cross reference to 6.06.01 0.1 in new 10.02.04
38
C.8
39 sepapatiRg them from etheF Fight6 of .. r the
a eet
40 boundary, shall he separated by a lanrlseane h„ffer
41 PUPSUaRt to Chapter A The buffer area in there
a droll
42 he separately designated en the final s, ,h.di.dsien
plat as
43 trae+ n en+ and shall he en the
final
44 S-1-1-bdiViSiOR plat Geyer sheet to the a late p
erh,
45 ,
46 p +eR_RRGe ap,d upkeep p
47
-
Comment [C399]: Retained in 6.06.01 F.
48
Design Requirement, not Required
49
Improvement
50
51
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I „� e
31 Drepeserf s +Fee +s wh'eh a R al'a GRt With e +here
Text underlined is new text to be added.
p
TeXt 1r'Lethr.. .. ....1..1. ted frGFR
32 streets shall hear +he same Rame of +he e 'st'n street
y V V Bold text indicates a defined term
1
^la ^ ^^ r+ et G4
P'a^cc, cwrrcrc7
2
+he+he
shall the
3
similar to ran\
4
5
Opera +'cps
6
plat a ,al
7
and a nstr at'ep
8
_ - Comment [C400]: Retained in 6.06.01 H.
9
Design Requirement, not Required
10
Improvement
11
43 pl iblla FGaddway markings shall be reyiided by the M°'Ve!^^°,-
12
1211866SSISIFY PROF
13
(`eptrel Iles'
14
- Comment [C401]• Deleted. Not possible with
15 G. c +r ^ ^+
ariners and traf G, ent.4 ae' 1 ctre„ t r . iake. House Bill 503
16 a nd traffic
ptrel de "'a shall be p ey'rlerl by the deye Inn .,}
^^ r ^r - Comment [C402]: Retained in 6.06.01 P.1 -3.
17 iRteFE;CC },C,
`
^,C AREJ ICCM }.^ s desigRated h„ the TraRsperta n Design Requirement, not Required
" ' .....,.y "`"`.,.. `" ”" "'
18 �� i;
� Y.,,
Improvement
a--. er h's rles'e _ e fnr all affected stree ts .,he +her the streets
19 aFe existiRg
n ed C rh m rL^ro and it ff'^ r }rnl deviGes shall
20 be iRstallyrl
aprl e ns +r a +ed by the a pl'aapt to the app! G pt'
21
C.11
22 pFivate streets
OF iR _ nf ^_rmanae o }l.
With Rd@Fds Merl Fe GG ,, Rd M ` G„S
23 et fer}h ,n
the latest er!' +'e of the I I'C fl (l. TC.H W A A4;; al
24 I Inlf ^rm Traffle
(`OMM! rle"'a c f- - "AG streets. The Trapsperta +'en
25 Administrater
e,r his des'a shall a ept alternatiy SpedfiGatiGRS OR
26 fpublie stFe
�± ss age .,horn, an aGGeptable m iRtenanae areem t has
27 beeR sided
Alternate c ee'f'aat'e c fnr r' ,ate street c na a heFe
28 N' "Y" ert 7
`
ae ^the nt'fi, has nt^
r „ t'
29
30 des+gRee-
31 Drepeserf s +Fee +s wh'eh a R al'a GRt With e +here
}' d d
32 streets shall hear +he same Rame of +he e 'st'n street
All tree+ Rames
33 shall have a suffix i.e., street, avenue, bealeval:d, dr ve
v-- a- nTV-�'I
^la ^ ^^ r+ et G4
P'a^cc, cwrrcrc7
34 aad in Re Ease, a *sept as indicated if1 thepresediRg seRtepee,
+he+he
shall the
35 Rame of the re e ed street eJ pl'aate er be phepe +'Gaily
similar to ran\
36 exiStiRg street Rame arala of the use r,f the suffix.
37 1111 street n shall he s h'eet tea al by the GDES
Opera +'cps
38 rlirea +r,r er h is des'n e d n the preliminaFy subdiViSiGR
plat a ,al
39 re .n the finals bdiVis plat er the f'Ral plat
�
and a nstr at'ep
40 plans if the a pl'eapt cheeses net to submit the ept'e. al
prelim
41 ,G l1 h il i, 'i Sie R p 1 t
42
-
Comment [C403]: Retained in 6.06.01 Q.
43 pl iblla FGaddway markings shall be reyiided by the M°'Ve!^^°,-
as required
Cross reference to 6.06.01 Q in new 10.02.04
44 by the I I C ll (1 T C 1-I tAf A Map al nn I RA)rm Traff1e
(`eptrel Iles'
45 oQfr',.^..Fe GGRGrete valley a ++^rs hprrier +he edge e.f pavement
and fnr
46 pFivate eadways this r en} m he waved by the
Transpe.+at'e
47 AdmiRistratOF OF WS deGigRee.
48 p Traffic a Rtrel rte e^I Traffic. e.eptral eie"iee^ ^hall be
p ideei by th ,
-
Comment [C404]: Retained in 6.06.01 R.
49 eieyelepe,- when a c+� dy iRdiGates +raffiG eertrr,i
is sjustified a i
Cross reference to 6.06.01 R in new 10.02.04
50 aRy street ip }ersee +ieR vVithip the sl Ibeil'Asien er eie„elepment
a ,.,here }he
C.11
51
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153
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
Text s e.h.,, ,.h i G11116RI te,,l le he de e a from i DG
Bold text indicates a defined term
1 nn +he v.a+or MaRageMeRt vale..la +.,e, S the ba c foF + seasen at
2 table —ter
3 X. C()RStF6lGtieR plans fGr a!! subdivisions, site development plans, site
4
5 indude a geneF ^I , ^e +o s +w±;„y that all eff site u a , aye „�,o
�ts-
6
8 shall be Ge meted and er^}'„r,al prior ±„ ", ,,,,,enGeMeRtof
10 a) This FequiFeMeRt shall be established at the R;andatc)Fy pre
11
12 Fequired eff site dmpmvemeRtS Will result jR a step work erde
13
14 mN�. li +h +h'c requiFep%44t,
15 b. The engineer of reeerdPrier fe final EIGGeptaRGe, shall pmvide-
16
17 beeR provided iRfrm^ +,e„ on hew he C.ez ate �,. ha
s-
17
18 and the it: c h l'+.. +r, m RtaiR the system,
19 # # # # # # # # # # # # #
20
154
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9 A 2
_l
Comment [C405]: Relocated to the Admin
Code- Construction Plan reqs section
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Text underlined is new text to be added.
'�u.,a ..,•�- ed to ... the n_m.. _•. ..
__ rae a __
Bold text indicates a defined term
Administrative Code/ LDC Amendment Overview `
Admin Code
Ch. 4 EA Vegetation Removal Permit
Section and Title:
LDC Notice
N/A
Section:
LDC Changes:
10.02.06 A and B:
• Updated provisions in accordance with HB 503 and current
county LDC provisions
10.02.06 C:
• See 3.05.02 for relocated language.
• Relocated vegetation removal permit requirements to 3.05.02 to
consolidate similar provisions. Section 3.05.02 and 10.02.06 C
contained almost verbatim language and a conflict existed.
Revision:
6/6/13 CC
10.02.06 Submittal Requirements for Permits
A. Generally. Any permit submitted to the County must meet the requirements for that
particular permit, as more specifically stated below.
1. Relation to state and federal statutes.
a. Required state and /or federal permits. Where proposed use or
development requires state or federal development orders or permits
prior to use or development, such development orders or permits must
be secured from state or federal agencies prior to commencement of any
construction and /or development, including any changes in land
configuration and land preparation.
b. Development of regional impact. Where a proposed use or
development is a development of regional impact (DRI), it shall meet all
of the requirements of F.S. ch. 380, as amended, prior to the issaaase e#
Mred c.,..;,+„ development orders permits and commencement
of construction or development. Submission of the application for
development approval (ADA) for a DRI shall be simultaneous with the
submission of any rezoning and /or conditional use application or other
land use related petition required by the LDC this Bede to allow for
concurrent reviews and public hearings before both the Planning
Commission and the BCC of the ADA and rezone and /or conditional use
applications. The DRI and rezone and /or conditional use shall be
approved prior to the issuance of any required county development
orders or permits and commencement of construction or development.
2. No approval of the final subdivision plat, improvement plans or authorization to
proceed with construction activities in compliance with the same shall require
Collier County to issue a development order or building permit if (1) it can be
shown that issuance of said development order or building permit will result in
a reduction in the level of service for any public facility below the level of service
established in the Collier County gGrowth mManagement pPlan, or (2) if
issuance of said development order of {or} building permit is inconsistent with
the gGrowth mManagement pPlan. Anything in this section to the contrary
notwithstanding, all subdivision and development shall comply with the Collier
County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the
gGrowth mManagement pPlan.
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9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Text underlined is new text to be added.
Bold text indicates a defined term
1 Permit or Land Alteration Permits.
i
Zoning and land use approval required prior to or simultaneously with
issuance of building or land alteration permit or occupancy of land and
space With the exception of the Early Construction Authorization ECA
permit pursuant to LDC section 10.01.02 . A zoning certificate, attesting_ , - Comment [C406]: New language
to compliance with all aspects of the zoning provisions of the LDCt =a wi
,de„elepmee+ Ge,de shall be required prior to obtaining a building or land
alteration permit or to occupying any space of land or buildings or for
the conduct of a business in all zoning districts. The following zoning
certificate review procedure shall provide for the issuance of a zoning
certificate.
For the purposes of determining compliance with the zoning
provisions of the LDC , an approval of a
site development plan pursuant to LDC section 10.02.03 herein,
authorizes the issuance of a zoning certificate. Said zoning
certificate shall constitute a statement of compliance with all
applicable provisions of the LDC
including the uses of the building space upon which applicable
off - street parking and loading requirements were based, however,
issuance of a zoning certificate shall not exempt any person from
full compliance with any applicable provision of the LDCLand
Develepment Gede.
In subdivided buildings each space for which a use is proposed
requires a zoning certificate for that particular space, independent
26
of any approval conferred upon the building and the land
27
pursuant to LDC section 10.02.03 and of a zoning certificate
28
issued for the building and the land, shall be required.
29
iii. A zoning certificate shall be required for any use of land or
30
buildings located in residential zoning districts, which involve the
31
conduct of a commercial or other non residentially allowed uses of
32
land or buildings.
33
Building peffnat submittal reqi iii: ��RtS f9F SigRS pFevided iR seetiOR 6.06.11 a
34
----'L _ _ _ _ _ -----------------------
Comment [C407]: Removed. Duplicative.
35
Vegetat+ea F eaa^" equireFAe _ _ _ _ _ _ _
- - - - - -u -
_ - Comment [C408]: LDC information relocated
36
1. 9therNcw,;.ts required. Ne . cgn + hel b „- , d h +h
to 3.05.02. Entire section removed from
37
!` ,+ , nneeeeer er his designee until n el'e ehle fe derel d state, d
10.02.06 because almost verbatim language
38
was located in two places and there was a
39
conflict.
40
a. Building e Fmit6 (F=xGept •R ,...,.erne ^CC with seiatien n 06 nn A f +h'
41
Code.)
42
g. Spee;el +reatmer,+ (ST) .de.,elepmeRt a .,,; +r
43
- ment [C409]: "or exemption” is not
44
d. Flerida Deeer+ment of ERViFO ee+el Dre+e�Aen er.,,i +6--------------- t
r.,.., ...,, „ .,, " , . .......,, .,,, . i-- � � . � .., ., _, ,p�,o, �T
necessary. The Core does not proved a letter of
rexemption.
45
46
47
exemptael�s
48
9. South Flerida Water Management D strio PeFIT146 el: exe,;,ptieRT
49
h. 0-the appllGaole aageeRG, rry °rFc7irorpcnM6 er°exe mpptieRs..
50
I. n+he
156
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1
2
3
4 iatermatieR
5 a. A generalized vegetation eR +e.., which 'psl ,des.
6 Generalized , ae+at'e eRten, ed en a eR+
7 aeFial. A a ralized ne+at'n eR +r.p, shall she,e, +he
g ma +e lesa +'pn and extent of vegetatien en the site;; the
9 iRveRtOFY shall be based n the mns+ r en+ available
10 iRfGFmatien. The iR eRten, shall h° in the form of an aerial n
11 field s Rd may be accompanied her phr.tenraphs n
12
13 PE)SjtiE)RS R the a ai n but shall dearly Indiea +e habl +a+
14 types and pre +anted vegetation, and may be n 'ed by
15 phatearaphs OF videotapes ill strat'nr. typisal a of verse +a +'n
16 FefeFeReed to p s'tiORS eR the al er survey. Then ral zed aeF
17 vegetat 'en eRten. shall be n red iR seme maRReF wh'sh
18 GIearL, illustrates the rely +'e Rsh'ps hetweeR the a of
19 vegetat e and the p ed site ;m en+&
20 fl. ( eR °r ° d . ,r+ +nn assessment anr7 n ah ua +i..n The . alized
21 vegetatiGR en+np, shall be a ed by a brief wFitteR
22 assessment of the plaR+ s n't'e e,h'sh have been 'deR+'f'ed
the The h II i I d- ah atie of
23 eRzhe Win. eassessment rsa-ruan--n�crou�arr°
24 she stn Rd quality of the plant s Rltie Ide R+ified sL A�R
255 their arty, ah'I' +" and s sh ether ph„s'sal sharas+er s +'s nd
26 fasters that may affect their ,at'n Rd n of aR„
27 halal eagle Rests The in enter„ eR+ and ° ,al .a +inn shall
28 be prepared by a person kRewledgeable in the ideRt fiGatiGR and
29 evaluation of vegetative sh as a fnres+er, h'eL.n'st
30 eloois+ her+iG Jtl Fist !andSGape rr.hiter.t OF sedifie.d
31 RuFserymaR.
32 Hi DeaseRable addi +Irma' info rm a+ieR The ('e, iR +v MaRaner er his
33
34
35 dm' +rR+' f +h' +inn
aQ„- ���.�,rTse�,r
36 t3. R site piaR whieh incuees
37 i. Drepert„ ,dim
38 H '-AG;;t;Pn of e st'R Rfrastr st and al+erat'e
39 iii- I osatien of p ed stn Us+Ure ipfras +n ip+i ire and al+eratiens
40 iv . The Inca +'n ARd speeies of all pre +es+ed vane +a +' en. Large stands
41 of a s ales sh a s heads , be iRd'sated a
42 gFeup with aR appreximate Rumber er area.
43 .
44 e+te to
45 be retained-
46
47 _ - Comment [C410]: Not allowed. Deleted.
48 G. AR e su bed sta+emeRt ghish innli ide
49 I Alamo address and pheRe of n erfi, o
50 ... nlam° address and pheRe of a„therize.d agent and n Site
51 repr-eseRtative.
157
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V -
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9A2
Comment [C431]: Language updated and
moved to the Admin Code
22 Femeval pe;: n,r.
23
24 Manager er his docinn.,r the rease.,is\ shall be Reted the appliGatien
25
26
27 apnlioa +in nd approval shall be aha g d a Feview fee
28 . L - Comment [C412]: Moved to the Admin Code.
29 _ _ _ _ _ _ - - Comment [C413]: Relocated to LDC section
30 there a no bald eagle Rests. 3.05.02
31
32
33 G! ea r;n � ."..,. .. e, I e G S of hind- Ii-S; PAt re q u; red fo +h al f + + d e Fe FR
34 vegetatiGn, other: then 2 GpeGirReR tree aR a parGel „ f 12nd_._on.,_ad
35 roo;ron +inl 1 single fa m,,, (DnCC) , Y / Ih .yam � d` u, l /\
D1 I+ (A) eF
36 estates (E), o+he r I al
RGR d' , la JI
d DDA
37 {1E3116�,^,m„omlal `G n diStFiGtS :ihiGh s le fam l lots have been
38
39 FAR-t,
40 A. building permit has beeR issued fer the peFmitted PF;RGipal
41 Stru64 a I +ho building pe mit see, s as the GleaFiRg m' +\ ar
'
42 i. The orm`++ed r @I str..Gt.., e has "eeR eR t, + d d
r, the
43 nrnper+„ eF ..wry'..^..':: ed agent GE)Rd6lGtiRg the T al
44 AM the tetal Area that , will be `ie^red G,, site dGes ^O+z�GeGa -4
45 ae-re..
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
net tiG oI erm' +'� .,t r 'row ter the a. f +��r1
>� Vey.,.....,.,,, ,",,.,..., ;..,,,,,,. ,., ,,., ,.,.,..,,_ ," N,
47
vegetatiGR ether thaR a speG PReR tree, WheR a site plan and vegetatic)R
48
49
MaRageF 9F his des gRee as P@Ft Gf the final development order.
no+" +'nn al o Mit ''6 Gt rr rod for the r al f + + d
--
51
ye�t ^,
.n from the nrnnorty of a CL.r da I Ge sod +1e` farm/ u .
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r..a„ ....�.; ..ew
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Administrative Code/ LDC Amendment Overview
Admin Code Section
Ch. 4 E.1 —Agricultural Land Clearing Permit
and Title:
Ch. 4 E.2 —Agricultural Clearin Notice
LDC Notice Section:
N/A
LDC Changes:
10.02.06 C:
• Moved submittal requirements to Admin. Code. Added
language to reference Admin. Code.
• Reorganized the criteria for clarity.
• Removed requirement for permits to be submitted prior to
approval, per HB 503. Note: they are required prior to
clearing thru the Admin Code.
• Removed "determination of completeness." This is done
through the Admin. Code.
• Included permit fees which had been identified in 10.02.06
C.3.c as "agriculture clearing permit" fees.
Revised:
6/6/13 CC
16
17 DC. Agricultural land clearing. I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , - comment [C4141: section reorganized to
18 1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for accommodate submittal reqs moving to Admin
19 agricultural uses that do not fall within the scope of sections 163.3162(4) or code.
20 823.14(6), Florida Statutes, shall be required for all agricultural operations except
21 as exempted by LDC section 10.02.06 9C.1. d.f (belew.
22
23
24 ^^U It We eperatiens, as defined by this Gede —shall regaire— a
25
26
27 plinatieR fog in .,t to be determined by the Qnard e.f Ge- rnty
28 .
29 fOIIGW OR9 R dit'ORs as pliGablo shall be ad dressed- as art of anrd
30 attac.hMent6 to the agFiG611tuFal land GleaFiRg appkatiqn.
31 a. Application. The Administrative Code shall establish the procedures and
32 the submittal reauirements, in addition to those identified below, to obtain
33 an agricultural land clearing permit.
159
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Bold text indicates a defined term
1
i. Silviculture operations, as defined by the LDC shall require a
2
management plan prepared by a forester or a resource manager
3
(i.e. Florida Forest Service, private or industrial).
4
ii. If an ST or ACSC -ST overlay is attached to the zoning of the
5
property, an ST development permit has been issued by-the
6
Seunty-Manager er his designee Tihe ST or ACSC -ST permit
7
review shall be in accordance with GellieF Ge 't=om d
8
developmeRt Code Chapter 2i LDC sections 2.03.07 and 4.02.14
9
and may be simultaneously-reviewed simultaneously with the
10
agricultural clearing permit application.
11
iii. The e°nli ^g+i°^ indud'ng A generalized vegetation inventory and
12
clearing plan_ a tlin °d .n °^ +'en 1. Q 0-2.06 G.2. . -.nd site visit
13
r^ .,cell use is GG Sistent Y: th th
14
- en+ o'the g d'o+rie+ as a hene fide g ^ It al use
15
and the appl,.^a Rt has been nfnrmed of the Feze'i on
16
which nt,n the p „,;t shall lase on his pFoperty.
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The appliGaRt has obtained and PFedUGed a ropy ef the South
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PeFida :^.titer Management en+ nis+rie+ (SPNMn) e ,1 mn +• water
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mi+ a mntie if required by SFWMn
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V. The appliGaRt has obtained and predUGed a GOPY of the South
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Fle ^4w titer Manage eRt District dace water m en+
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permit e mn +ien if required by SFWMn .
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States A FFnY Gerns of Engineers (ALOE) permit erm e. evemn tie if
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required by the AGOE.
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viv_. The appliGaRt has submitted dData relating to wettapdwetlands
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impacts and protected wildlife species habitat subject to the GallieF
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Conservation and sCoastal
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fnManagement eElement of the Growth Management Plan and
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the LDC . This data will be
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required only when the county's on -site inspection indicates that
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there are potential or actual impacts to wetlands and to protected
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federally and state listed wildlife habitat.
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vl+. The property owner, or authorized agent, has filed an executed
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agreement with the County Manager or his designee, stating that
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within 2 years from the date on which the agricultural clearing
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permit is approved by the County Manager or his designee, the
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owner /agent will put the property into a bona fide agricultural use
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and pursue such activity in a manner conducive to the successful
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harvesting of its expected crops or products. The owner /agent
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may elect to allow the subject property to lie fallow after
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completing the bona fide agricultural use, for the remainder of the
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25 -year period required by vi vi+i: below. If the clearing is expected
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to occur over a period greater than 2 years, this will be stated on
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the application and may be addressed as a condition on the
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agricultural clearing permit if determined by staff to be appropriate.
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v_i4. The property owner, or authorized agent, has filed an executed
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agreement with the County Manager or his designee stating that
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the owner /agent is aware that the Collier County Board of County
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Commissioners will not rezone the property described in the
51
agricultural clearing permit for a period of 25 years from the date
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of approval of the agricultural clearing permit by the County
Manager or his designee, unless for any such conversions in less
than 25 years, the converted land shall be restored with native
vegetation to the degree required by the LDC.this Cede.
I. After revein+ of on nnnlieo+ f r a nriei Jh irol elearinn permit
GG Rty 11 aRager er his decin shall .de +r,rmiR .yhethe l: the
alien +inn nuhmi+ +o.d in ale +o All n alien hlo non.d i +ienn
reified in nnh n nheve ed
ist he addressed in erer to
GGMP!ete, the Gee Rty Manager er hi6 deoinnee ohall ne+ify the
nlienn+iR Wri ting of the defivie NO f''r+her G+ena +e PFGG
the n nlinn+ien shall he +n Len ' n+il all of. the the
nnlien+ien have been me+ In addi+ien a de +erminn+ien of
be made the felleWiRg�
N. INhere the nnnlienn+ submits, as nr+ of the nnnlirn +inn fer n
agFiGUItUFal elenrinn n mi+ n of then male +eel nnnGen+ien fer
a R- Amnn a n+i „e u PeFMit a exel'Apti9R, a SPNIVID
irfeee water m en+ n mi+ e mn+ien n AGOE
fer f Ethel- Ge Rty Feview and n ,i.dinn that all e +he
definie Rtsies- in the n nlien+ien have been addressed
eb. Criteria for review of the application.
nle+enes6 OF e.difie.d de+erminn+ien of eemnle+enes The following
criteria shall be utilized by staff in reviewing an application for issuance of
an agricultural clearing permit:
i. An on -site inspection has been made by staff, if indicated.
ii. Environmental impacts, including wetlands and protected wildlife
species habitat(s) shall have been addressed in accordance with
the requirements of the Conservation and Coastal Management
Element of the Collier County Growth Management Plan and the
LDC , as may be amended from time to
time.
iii. Additional data and - /or information required by the County to
address environmental impacts shall be submitted by the
applicant.
iv. The proposed use is consistent with the zoning district.
V. The proposed use is a bona fide agricultural use.
vi. The applicant has signed an executed agreement pursuant to
10. 02.06 C.1.a.v above.
11 Annnner er h:o decinnee 6hall n nn+ +hen mi+ n nn+,. With eend"+ienc OF
deny the n mi+ i iri +inn 1Nhere the vi It Urnl elenrinn n mi+ is a
denied the letter 6hall state the r R(6) fnr said denial
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9 A 2
- - Comment [C415]: Relocated from 10.02.06
C.3.c. Similar provision identified fees for an
"agriculture clearing permit”
- - Comment [els416]: b i and b.ii. relocated to
Admin.
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and i de or revised
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ec. Renewal of agricultural clearing permit. An approved agricultural clearing
permit is valid for 5 years and may be automatically renewed for 5 -year
periods providing that a notification in writing is forwarded to the County
Manager or his designee at least 30 but no more than 180 days prior to
the expiration of the existing permit and providing that the property has
been actively engaged in a bona fide agricultural activity. Such notification
shall state that the applicant is in compliance with any and all conditions
and /or stipulations of the permit. A violation of permit conditions shall {be}
cause to void the agricultural clearing permit. Applicants failing to
provide notification as specified herein shall be required to submit a new
application for an agricultural clearing permit.
#d. Exemptions for agricultural clearing permit.
i. An agricultural clearing permit is not required for operations
holding #iaviRg ebtaiaed a permit under Ordinance No. 76-42 and
wrhish that can demonstrate that an approved bona fide
agricultural activity was in existence within 2 years of the permit
issuance date, or that a
bona fide agricultural activity was in existence before the effective
date of Ordinance No. 76 -42. Su& _A demonstrations for
exemptions may include agricultural classification records from the
Property Appraiser's Office; dated aerial photographs;
occupational license for agricultural operation; or other information
which positively establishes the commencement date and the
particular location of the agricultural operation.
ii. Upon issuance of an agricultural clearing {permit} or as exempted
above, activities necessary for the ongoing bona fide agricultural
use and maintenance shall be are exempted from obtaining
additional agricultural clearing permits for that parcel, if PFevid+ag
that the intent, use and scope of said activities continue to comply
^ ^ ^-daRG with the ongoing agricultural clearing permit
or exemption. Ongoing bona fide agricultural activities that qualify
for this exemption as described in this section may include but are
not limited to clearing for, around or in dikes, ditches, canals,
reservoirs, swales, pump stations, or pens; removal of new
growth, such as shrubs or trees, from areas previously permitted
or exempted from this section; fire line maintenance; approved
wildlife food plots; or other activities similar in nature to the
foregoing.
iii. Fences, buildings and structures that requir_eing a building
permit shall be exempt from an agricultural clearing permit but
must obtain a vegetation removal permit.
i+ iv. No agricultural clearing permit shall be required for protected
vegetation that is dead, dying or damaged beyond saving due to
natural causes also known as acts of God provided that:
(a) The County Manager or his designee is notified in writing
within 2 business days prior to such removal and the
eCounty makes no objection within said 2 business days;
(b) The tree is not a specimen tree;
(c) The vegetation is not within an area required to be
preserved as a result of a required preservation, mitigation,
or restoration program;
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(d) The parcel is currently engaged in bona fide agriculture,
Admin Code Section
as defined by the LDCthis Bede.,
and Title:
(e) No agricultural clearing permit shall be required for the
LDC Notice Section:
removal of any vegetation planted by a farmer or rancher
LDC Changes:
which was not planted as a result of a zoning regulation or
a required mitigation or restoration program.
Agricultural clearing notice. No later than 60 days prior to vegetation removal as
part of agricultural operations that fall within the scope of sections 163.3162(4) or
823.14(6), Florida Statutes, the property owner shall provide notice to the County
Manager or designee that the removal will occur.
n A legal decenn +inn of +he Innd eleered .eh .deoerin+ien
Revised:
other as
b The date n uA•veh IaR d eleering will begin•
b'AndGle_ 4 .d+ h I + d;
R T- hc1date�fl- ;,;g-
�n�+�, ITe�ec�eo��co,;,p«2a,
etetiev� identifying the a of t'Rg +iye
d. A °yc i - the r °cce,g °c °cnivcn��naarrc
v° i ntoi" a o
c a 7�ioci ail i y
_ _
- - Comment [C417]: Admin Code.
a. The Administrative Code shall establish the submittal requirements for the
agricultural clearing notice, including the following_
ei. A signed agreement acknowledging the 25 -year prohibition on the
creation of TDR credits from land cleared for agricultural
operations after June 19, 2002, as set forth in LDC section
2.03.07; and
fii. If the land is outside the RLSA, a signed agreement
acknowledging that, if the land being cleared for agricultural
operations is converted to a non - agricultural uses within 25 years
after the clearing occurs, the property shall become subject to the
requirements of LDC Ssections 3.05.07, as provided in LDC
Ssection 3.05.02.
b._lPermit fees. The agricultural clearing notice application shall be charged -
-
Comment [C418]: Relocated from 10.02.06 1
a review fee as established by resolution by the Board.
C.3.c. similar provision identified fees for an 1
* x ,
"agriculture clearing permit"
€D. Enforcement and penalties.
€E. Wellfield conditional use permit and standard.
"if `' Administrative Code/ LDC Amendment Overview
Admin Code Section
Ch. 4 J Temporary Permits
and Title:
LDC Notice Section:
N/A
LDC Changes:
10.02.06 F:
• Relocated Temporary Use Permit sections and Film Permit
provisions to LDC section 5.04.00 to consolidate all
temporary use permits.
• Included a cross reference for guidance to new location of all
temporary ermit requirements.
Revised:
6/6/13 CC
GF. Temporary Use Permit Requirements and IssuanGe. See LDC section 5.04.901 of the
LDG -for temporary use permit classifications and restrictions.
163
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,Innptpd t- the Administrative Gede OF Fevosed
Bold text indicates a defined term
1 1 The Administrative Code shall establish the procedures and aDDlication submittal
2 requirements for temporary use permits.
3 ii. AppliGatiens for ternperary use peFm4s shall be submitted te the GE)LIPIty Manager
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7 shall be submitted tagetheF With the app!iGab!G ReRrefundable fee, as ;RdiGated4R
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15 site pIaR must deMGRstFate that PFGVOS*E)RS Will be made te adequately addFess
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b. Adequate An site Ar addifienal off site paFkmRg aFeas shall be pFovided as-
19 #e ovs,
21 4.05.04 ef this Code may be OGGUpied OF ethel:wise Fendered
%Z
23 and rAerp-handise.
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25 PUFSuant te SeG�E)R 4.05.07- shall re-Main avallable fE)F use.
20 G. Limited aGWity hours.
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/xmmi" Code u,,ou"nemWommomi"utrm*" Code mo Amendment oomm for eccuoc,
Comment [ELS419]: Admin Code
Text underlined is new text to be added.
Text ..,4.r.. ,. a.
s...+., ,. FPViqed
.nd intent relocated
Bold text indicates a defined term
1 b. If a n ml +ted event is oc+noned the permit will he a epded to refleot
Z he resohed led event dates and a GGPY Will hen yided to the a pl'nant
3 r to the event.
4 G. If an a eat io Gelled and the CO mhi is notified prior fo the in.tially
55 prepesed n en+ date the number of days used will no+ n nt
6 tnwArdo thp PARximi,rn ni mher of ai ithori ed days afforded for events by
7 +h eieA- de
8 g. Suspension or revecation. Failure to Comply with the terms and GORditiAR.1; Of th
9 temporary u permit, n issued, shall hen nds for immediate s
10 of the peFMqtted ao+iyity n + .I s sh time as the plies is remedied. A
11 N m'+ may be revoked, without refund, for established n d! hl'n safety an welfare
12 s The suGpeRGIGR 9F na +inn shall he 'n'+'aIM1, n sated! verbally,
13
14 GGMplY with the +arms And oonditions of a p sl„ s ndnd peFMit may
15 FeSUIt in the r na +inn of said n eni+
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17 faih dre +o n anti..i+ies a, +hori-,od by s Uoh a temporany use permit, RGl din
18 }he . al - I any displays s +r. infi des rnhandise equipment,
19 banners authorized by said permit, UPOR expiratien, suspension, sat'on
20 shall establish a vielatien of this Gode and shall be su hies+ to the p al+ies
9A2
Z1 l _ Comment [C420]: Relocated to 5 04.01
22 10. Fill�,°�r - - - -
{Comment [E1S421]: Moved to 5 04.08
23 a Permit required A permit shall he required for the fGlleWiRg aefnnties - - -- - - - - -- - ---- - - - - --
24 ,
2255 televio:ep videe n still photography prod. iotiop: the of set
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27 publiG streets or ar.Gessways. This Gede shall FlOt apply t9 b9Ra fide
28 iation el or teleyioieR news Media newspaper, press
29 el r to erfies that ha a he Z9Red to allo metieFl
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31 b. Appraafigp fed p mit• noptentS Any n firm g ratiep ia+ien
32 er geveFRmeRtal entity desiring W Wain a p8FFnmt shall apply te the
33 GGWRty Manager 9F deGignee; and said appliGatieR shall iRGlude but Rot
34
35 I Name address /ir.olUd:pg'Beal address) and telephone n mbar of
36
app4isaRt.
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II. Drnnf of oomprehepsi.,e general liability ip GeveFage in the
38
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provide +o the GG Rty Manage r designee a oeiVioate of
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- „idepoipg that said in effent and vent fyH';9
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that C-e-Linty be given W days' nGtiGe prier to the expiFat
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e,- vapgeua +iep of the pare.,
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iii. epevial effeets to be utilized, espeGially ip epdiap, or vpleoi„
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general liability *RsuFaRGe GOrribiRed single iim4 with Gellier Geu-pmfyy
47
rsted as addi+ienal in red In addition the applioaf:en shall rot
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tege +he with his g alifiaatiepo and lioenoe frem then plioable
550
federal apd/or state ag8RGies, and au thor'zat'on frem the Iooal fre
51
diisti:iist permitting the event
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Text underlined is new text to be added.
and .., . ,, n.d.., ., a oede or revised
Bold text indicates a defined term
1 li/ I nna +inns dates and hni -rs of filming
2 The fnllo,.nng infnrma +inn is required by the Coi -nt„ Manager or
3 designee --ales waived,
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5 parkirig fanili+ie provided,
6
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8 r\ Number, fine and lena +in of sanita +inn fonilities to he
9 previded. Dlano fer disposal of refuse and debris and
10 resteratiGR of the cite /s\ to its eriginal rendition
11 d) A deSGription of any lighting fadlities that v.feudd- be
12 ReGessary and/er the need to diononnent a „hlin
13 lighting.
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15 eRViFORFneRtally seRSitive
16
17 eqOpmeRt to be used and any speGial parking
18
19 .,i +h the nred, intien
20 g\ Neneooih, far nlnsi Iran if n- ihlin streets or sidewalks and
21 .
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23 heBnonter or balloons at the suhient 6' +e /s\
24 List Of GOURty-peFSeRael or equipment requested, and an
25 agreement to pay for e)draerdinaFy 6eFV'Ge6 PFOVided by
26 Collier Gaup*
27 i\ Orr„n6k9ns far traffin nentrel fire safety ands r'fi,
28 pFeEautiens-
29 k) I€aoeeated + er+ + d +h t„
vnrnrpFRar2- p* op�,zT- rvc- a„�.efzr,e- 66ln;rTo
30
31
32 pFepeFty.
33 Addition-al informaton requested to -ass, is +�elrtler
34 ebtaining future film n ed-intien
35 G. Ins- r requirements. The annlinant shall m intain in forge At all +'m
36 d- r g the permit n 'od a rehensive n rol liability nel'n ui +h
37 .. ..
38 .
39
40 previde +e the re- nt„ Manager er designee nedifinate of in6- r
41 evodeRGed that said in istenne and neFtif„inn that Collier
42
43 Any additiena4
44 ants for filming OR ate property pert„ rill he at the
45 disnre +inn of the affen+ed n pert„ owner,
46 d. indemn'fiGat'on. The appliGant shall be required te indemn4y and held
47 harmless Collier Cn ntv its nffiners agents and a ale „ees from and
48 agaiRst all nla'm suits, +•n s damages, liah•I• +•e experldtures o
49 --- - flof ae e arising - t of OF GGGUrring during tho n+i„itie of
50 appliGaRt under a permit issued hereupoR *R the form and manne
51 provided by the Geunty Manager or deSigRee.
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he delpted r.om i DO
-
de ,. r,.de o
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1 I?. Permit foe. Ale permit foe shall be required. Any additfenal license nr 61
2 fees YA*ch have been established fer n +v n ed Ia Rd er favilities shall
3 be inPTffer+
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Administrative Code/ LDC Amendment Overview
Admin Code Section
Ch. 4 B Coastal Construction Setback Line Permit
and Title:
LDC Notice Section:
N/A
LDC Changes:
10.02.06 G:
• Reorganized section for clarity and to include reference to the
Admin. Code.
10.02.06 H:
• Updated section letter to H.
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Tex! Stdkethmugh is GUFFt�fl
And
Bold text indicates a defined term
Revised:: 6/6/13 CC
#G. Coastal Construction Setback Line Permits. The following activities seaward of the
coastal construction setback line shall require a Coastal Construction Setback Line
(CCSL) permit A hearing before the Board of Zoning Appeals shall be required pursuant
to the variance criteria set forth in LDC section 9.04.06._ROt Fequire a he her the
peFFAi+ SuGh ormi+ shall be reviewed and a fora admin'c+r.++' I by site
deye'nnmon+ Fe i n+;;' c4af The appropriate fee as set by county resolution
shall be submitted with permit application.
1. Construction of a dune walkover when a Florida Department of Environmental
Protection (FDEP) permit has been obtained and the following criteria have been
met.
a. A maximum width of 6 feet.
b. A minimum separation of 200 feet between walkovers when 2 or more
walkovers are proposed on a single parcel.
2. Creation, restoration, re- vegetation or repair of the dune or other natural area
seaward of the CCSL on an individual parcel of land, when a Florida Department
of Environmental Protection (FDEP) permit has been obtained and the following
criteria have been met.
a. Sand used must be compatible in color and grain size to existing sand
subject to FDEP requirements.
b. Plants utilized shall be 100 percent native coastal species.
C. Restoration plans shall be designed by an individual with expertise in the
area of environmental sciences, natural resource management or
landscape architecture. Academic credentials shall be a bachelors or
higher degree. Professional experience may be substituted for academic
credentials on a year for year basis, provided at least 2 years professional
experience are in the State of Florida.
3. The Administrative Code shall establish the procedures and application submittal
requirements for obtaining a Coastal Construction Setback Line permit.
34. Certain activities that may temporarily alter ground elevations such as artificial
beach nourishment projects, excavation or maintenance dredging of inlet
channels may be permitted seaward of the coastal construction setback line if
said activity is in compliance with the Collier County GMP and receives Federal
and State agency approvals. Until such time as the fee schedule can be
amended, the fee shall be $400.00 for these beach nourishment permits.
45. Penalty and civil remedies.
a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set
forth elsewhere in the LDC +tee, the following violations of section
9.04.06 H., which occur during sea turtle nesting season:
i. Setting up of any structures, prior to daily sea turtle monitoring,
2) failing to remove all structures from the beach by 9:30 p.m., or
3) failing to have lights, so required, turned off by 9:00 pm., are
subject to the following penalties:
(a) First violation: Up to $1,000.00 fine.
(b) Second violation: $2,500.00 fine.
(c) Third or more violation: $5,000.00 fine.
ii. Beach front property owners who leave beach furniture
unattended on the beach between 9:30 pm and the time of the
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next day's sea turtle monitoring, are subject to the following
penalties:
(a) First violation: Written notice of ordinance violation.
(b) Second violation: Up to $1,000.00 fine.
(c) Third violation: $2,500.00 fine.
(d) More than 3 violations: $5,000.00 fine.
Vehicle on the beach regulations.
1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be
unlawful:
a. To operate or cause to be operated a hand -, animal -, or engine- driven
wheel, track or other vehicle or implement on, over or across any part of
the sand dunes, hill or ridge nearest the gulf, or the vegetation growing
thereon or seaward thereof, or to operate or drive such a vehicle on the
area seaward thereof, commonly referred to as the beach.
b. To alter or cause to be altered any sand dune or the vegetation growing
thereon or seaward thereof; make any excavation, remove any material,
trees, grass or other vegetation or otherwise alter existing ground
elevations or condition of such dune without first securing a permit as
provided for in the LDCthis Gode.
Administrative Code/ LDC Amendment Overview
Admin Code
Ch. 4 E.3 Cultivated Tree Removal Permit
Section and Title:
installed for landscaping by FRaR and which is not a part of a preserve. Moving a
LDC Notice
N/A
Section:
Cultivated Tree Removal permit shall be obtained. A maximum of 10 trees per 5
LDC Changes:
10.02.06 I:
• Reorganized section to consolidate the exemptions from the
- Comment [C422]: Relocated below in 1.3
permit into one subsection.
• Added language to reference Admin. Code and moved submittal
Comment C423 : New language. Re laced
[ ] P
requirements to Admin. Code.
"naturally occurring landscapes" with "protected
• Updated language for clarity and to utilize defined terms.
Revision:
6/6/13 CC
dl. Cultivated Tree Removal Permit
1. Generallv. Cultivated TFee Remeval Permwt7A _ Cultivated Tree Removal Permits
are is required for the removal or relocation of any tree or palm that has been
installed for landscaping by FRaR and which is not a part of a preserve. Moving a
tree from 4one location to another shall not be considered removal, however, a
Cultivated Tree Removal permit shall be obtained. A maximum of 10 trees per 5
year period may be removed with a Cultivated Tree Removal Permit. Hewevef;
prehibited exGtiG tree remevaIG are exempt fFOFR this Fequirement, exGept when
- Comment [C422]: Relocated below in 1.3
eseri+ag Protected ve etation other than that lanted for landsca in ,
Ie ^�'°^^ ^eO hall re uire at Ve etation Removal Permit; refer to LDC section
-- -- q--- - - -g -- - - - -- -I rmlt,- --"
Comment C423 : New language. Re laced
[ ] P
- - - -- -- - - -- - - -
3.05.00 x 0.02.06 G. In no instance shall a site fall below the current minimum
"naturally occurring landscapes" with "protected
landscape code standard.
vegetation," a defined term
2. Applicability. The provisions of this section are applicable to all development
unless otherwise specified in this section. b)(Gept for single family heme 6i+
Heweyer c Heh homes m uct m intain the m m Iandsnen nerd° r red
trees n eiatien 4.06 .05. inn an-agent of the-GWReF - may-apply fen
_ Comment [C424]: Relocated below in 1.3
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Perm't If the appneant 's an ent of then a letter from the n epty ewnef
indiaa «inn that then r has n vet'en fe the p ed tree removal shall be
6ubrni#ed with the appliGatieli. n .ca
{ Comment [ELS425]: Moved to Admin. Code
3. Exemptions:
a. The removal of a prohibited exotic tree is exempt from obtaining a
- - Comment [C426]: New language. The intent
is to grandfather in the development orders with
the exotics, but not to allow it again.
code landscaping requirements established in LDC section 4.06.05.
34. Criteria for removal of cultivated landscaping. The landscape architect may
approve an- Cultivated Tree Removal permit application
based on the following criteria:
a. A tree can -not be maintained by proper canopy, root pruning or root
barriers and has become a safety hazard to pedestrian or vehicular traffic,
utilities, or to an existing structure.
b. A tree is growing too close in proximity to another tree(s) to permit normal
growth and development of the affected tree(s).
C. Other public health and safety circumstances as determined by the
sCounty landscape architect.
5. Application. The Administrative Code shall establish the application procedure
and submittal requirements for obtaining a Cultivated Tree Removal permit.
a. The County Manager or designee may require the site plan be prepared
by a landscape architect registered in the State of Florida when the tree
removal exceeds 10 trees.) - - Comment [C427]: From below, former.
46. Approval. The County Manager or designee shall approve, approve with
conditions, or deny a Cultivated Tree Removal Permit. AppliGatieR FeqUiFeFReRtS.
An app6va «i9n for !`1 Ail 9A NA Trne RA meyal Permit shall hen pinted and
saom0#Pd to the oeunty Manager er his designee. The appliaa «ion shoo final, de
the fellewing;
b. A site plan depiGtiR9 the iocatie,�;esed trees 4e be Feed,
prepGsed r plasemeet Pr reler-atea trees buildings paved areas,
and ltiGt:es The GG unty Mapaaer er his des'n
that said plans hen red by a landscape arsh'teet registered OR the
Qtate of Rnrida when the tree FAMAVAI a eeds 10 +revs If the site plan
does pet n vide si 1fFcient information to determine which trees will he
affected by then ed tree r als the GG mty Mapaner nr his
designee may n that a tree sup.gey of the site ben red and
submitted to the GO Rty Manager r his designee fnr r
A. A IP#nr of a .al of the trnn FARAGWRI frem the I-loFneOWRer and a
Master A66GGiatmeR if app'"Gable. n - -
�. A(- oF@SSfRgg Crre& Lost. - Comment [EL5428] Moved to Admin Code.
67. Permit conditions. The Landscape Architect shall issue a Cultivated Tree
Removal Permit when the applicant for such permit has agreed to fulfill one of
the following conditions:
a. That the minimum code required tree, if transplanted, will shall be moved,
established and maintained using proper arboricultural and horticultural
practices and as outlined in LDC section 4.06.05 of the Gede.
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1 b. That the minimum code required tree(s), if destroyed, be substituted with
2 an equivalent replacement or replacements, approved by the sCounty
3 (Landscape Architect, planted on the site from which the destroyed tree(s)
4 were removed. Sufficient space shall remain on the site allowing
5 replacements to establish a mature canopy spread, based on usual
6 growth characteristics.
Administrative Code/ LDC Amendment Overview
Admin Code Section
Ch 4. L Zoning Verification Letters
and Title:
L.1 Zoning Verification Letter —Generally
L.2 Zoning Verification Letter — Non - residential Farm Building
L.3 Zoning Verification Letter — Fence Finished Side Out waiver
LDC Notice Section:
N/A
LDC Changes:
10.02.06 J:
• New section. This section was created to codify current
zoning processes.
Revised:
6/6/13 CC
9 J. Zoning Verification Letter.I _ - 4 Comment [C4291: New section
10 1. A zoning verification letter may be used to verify the zoning of a property
11 according to the Collier County Zoning Map, the Future Land Use Map, and the
12 Growth Management Plan and establish the following determinations.
13 a. Generally. The County Manager or designee may issue a zoning
14 verification letter that verifies the zoning of a property. Additional
15 information may be requested about the subject property, including but
16 not limited to the following:
17 i. Allowable uses and development standards applicable to the
18 property under the LDC;
19 ii. Zoning of adjacent properties:
20 iii. Confirmation of any site development plan, conditional use. or
21 variance approved for the property: and
22 iv. The nonconforming status of the property.
23 b. Comparable Use Determination. The County Manager or designee may
24 issue a zoning verification letter to determine whether a use within a PUD
25 is consistent and compatible with the surrounding uses within the PUD.
26 To be effective, the zoning verification letter shall be approved by the
27 BCC by resolution at an advertised public hearing
28 C. Non - residential Farm Building Exemption. The County Manager or
29 designee, in coordination with the Collier County Building Official, may
30 issue a zoning verification letter to establish that a non - residential farm
31 building and /or fence is exempt from the Florida Building Code.
32 However, the exemption applies to the structure and does not exempt
33 the applicant from obtaining the necessary electrical, plumbing,
34 mechanical, or gas permits for the structure.
35 d. Administrative Fence Waiver. The County Manager or designee may
36 issue a zoning verification letter to approve an administrative fence waiver
37 under LDC section 5.03.02 F.5.a.
38 2. The Administrative Code shall establish the process and application submittal
39 requirements to obtain a zoning verification letter.
40 # # # # # # # # # # # # #
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Administrative Code/ LDC Amendment Overview
Admin Code
Ch. 4 C Certificate of Public Facility Adequacy
Section and Title:
1. COA for Roadways
2. COA for Non-Roadway public facilities
LDC Notice
N/A
Section:
LDC Changes:
10.02.07:
• Completely revised the section. The process established was no
longer applicable to the current process or review and submittal
requirements were unclear.
• Referenced the vested rights section to Ch. 9
Revision:
6/06/13
2 10.02.07 SaJltal Requirements for Certificates of Public Facility Adequacy
3 Ale building or lend- alteration n m't a oert'f'oete of 9GGUpaRGY shall he Issued a ept 'n
4
5 (ChapteF6 3, 6 and 110 of this Code) and Rule 9i 5.0055, F.A.G. RegulateFy pFeglFami Review-Of
6 developmeRt te eR6UFe adequate publiG faGilities aFe available, 'nol lino the TrenonertatiGR
7
8 A. Generally. This section applies to any use or development that generates additional
9 impacts or demands on public facilities. This section ensures that adequate public
10 facilities are available and no development orders subject to concurrency regulation
11 are issued unless adequate public facilities are available to serve the proposed
12 development, including but not limited to the Transportation Concurrence Management
13 System and the Public School Facilities Concurrenc 1. General IR adder to en .re that
14 adequate netable Ater o niteni seweF, err! waste, dFaiRage, aFk oehoel and reed
15
16
17
18 issued u nleoo adequate p blie feeilit'o are available sep. a the prepeGed
9A2
19 developmeRt. _ _ _ _ - Comment [C430]: Revised and relocated
20 B. Exemptions. The following are development ^doer° and deye-lepmeRt shall be exempt above.
21 from the teFFRs a this section:
22 1. All valid, unexpired final development of regional impact (DRI) development
23 orders which -were issued prior to adoption of the Collier County Growth
24 Management Plan on- January 10, 1989, except where:
25 a. Development conditions or stipulations applicable to concurrency, or
26 the provision of adequate public facilities concurrent with the impacts of
27 development, exist in the DRI development order or
28 b. Substantial deviations are sought for a DRI development order. -and
29 #tee tThis section applies fly only to those portions of the
30 development for which the deviation is soughtl-,
31 C. The county demonstrates pursuant to F.S. § 380.06; that substantial
32 changes in the conditions underlying the approval of the development
33 order have occurred or the development order was based on
34 substantially inaccurate information provided by the developer or that the
35 application of this section to the development order is clearly
36 established to be essential to the public health, safety and welfare; or
37 d. The new requirements would not change or alter a DRI development
38 order that they would materially or substantially affect the developer's
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ability to complete the development authorized by the DRI development
order.
2. Construction of public facilities that is are consistent with the Collier County
Growth Management Plan.
3. Temporary construction and development permits and any subsequent
renewals not to exceed a cumulative period of 1 year.
4. Development orders permitting replacement, reconstruction or repair of existing
development consistent with all elements of the Ggrowth Mmanagement Pplan.
5. Temporary use permits and any subsequent renewals not to exceed a
cumulative period of 1 year.
6. For public school facilities, the following shall be exempt from the terms of this
section.
a. Single family and mobile home lots of record, existing as of October 14,
2008, the effective date of the public school concurrency agreement
under the 2008 Interlocal Agreement between Collier County and the
District School Board of Collier County.
b. Any new residential development that had a final subdivision plat or site
development plan approval as of the effective date of school
concurrency, October 14, 2008.
C. Any amendment to any previously approved residential development
order that does not increase the number of dwelling units or change the
dwelling unit type (e.g., single family to multi - family).
d. Age- restricted communities with no permanent residents under the age of
18 years. Exemption of an age- restricted community will be subject to a
restrictive covenant limiting the age of permanent residents to 18 years
and older.
e. All new residential subdivision plats and site development plans or
amendments to previously approved residential development orders,
which are calculated to generate less than 1 student.
f. Development that has been authorized as a Development of Regional
Impact (DRI) pursuant to Ch. 380, F.S. as of July 1, 2005.
7. Developments that claim vested status from the Growth Management Plan
adopted January 10, 1989 and its implementing regulations and have-and
pFGpeF'y Gbta'R6 a determination of vested rights for a certificate of public facility
Oie nre.d�ienn eF +hic� con +inn
adequacy In accordance with LDC section 9.02.00. _ _ , - comment fcasif: All vested rights Provisions
as feAews- - - - - . _........ _ ... - -
are identified here.
e.+iF.e+e of p biiG facility adequaGy shell he submitted :r. the fOFFn
eo+eh6oherl by the Community Deyelo en+ and Enyire-nmer tal Qer..iees
L m;.xe i n A.dminic;+r..+er An „ pliGatien Fee in in+ +o he determined
the ennlire +inn The appliGatien shell at a minimum, nol irJe.
i Name addFe6s and telenheRe RyFnbep of the P-A.A.merand e„+her'zerd
nnlioen+ if ether +hnn thin e
�. C+ree+ address, legal rdeco in+io and a of the n nerfi.� and
and ennliren+ to address the rri+erio established in he•eetier.
10 02 07 13.70g of this re,de
b. _PP_tP_HM.iRatien ereempleteRess. After receipt of as app:sat eR feF
+he remm� �ni+„ Deyelenmen+ and F=W.04FORMeRtal cen,ires DiViSiOR
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a a... �e e r...+„
nd
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1
Adminort A nr shall rin+nrm{nn ...hn +h °r the app"G + +'nn hmWed '
2
w lete If he determines nes that the a pl'na +'n nn+ a mnlete the
mra.,a ,
3
Community Development and En, ental CenAnes Division
4
AdminiStrater shall netifa. then linant on writing of the d-.'in'n� --- _a_i_1GTh
..�, a.rr�l....al .1.y v
5
0 GFRF .a nit., Development and En, ental cep,ines DMISOeR
6
7
the definiennies have been remedied.
8
9
n vole eRt and En.,, enir , ntal Se, . Gas Di iisi n A.dmin.ntrat� er and the
DG. v.vrm
10
nterm na +inn of vested rights far a Gert•f'nate of na hlin fadity ad
12
the Comm, unit,, Development and En„•ro ental ceMGes Deyeseo
13
Administrater and the Coy ant„ Attem shall review and evaluate the
14
applicatie,. OR light of an of the GFwteFma iR SubseGt.;en 10 02 07 Q 7 Bas
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nvlrnnmental Se 6 DiVi6iOR ndm•nistrater and the GGURt„ Attomey
17
`hall n pare a _rate., Fero,, mendation to the heaFiRg nff;Ger that the
18
19
hearing a ffir-,c °r. re- Geirnmendation shall wRG'ude finding.°, of f...Gt fo
20
eaGh of tt.e ..r.teV�... estahl'ohed i,. s .hser4mnn 1.0..0.2 07 Q 7 to the extent
21
that ipferma +'n represeRted or obtained er feasible e
22
23
Dvos*en AdMiRi!StFatap and the GeURty AttEwney agree based OR the
24
25
26
granted or anted with nenditionS then they m enter ante a ,r•tten
27
stipulated determination of vented Fights for a nertifiGate of p lhl'n fan,l•t..
28
adequaGy with the ewneF, in keu of the Written FeGOMFnendatmOR to the
29
hearing offiner and the n ubsent•n s 10 017 017 Q 7 d
30
10 n? 07 o 7 p and 10 0 .07 B.74. 7 however, a ISUGh stipulated
31
detei:rn'Ration shall be in WFitiRg, Signed by the CommuR ty Development
32
33
34
:.. subse^t:O,. 10.02.07 °.7 ..,.nl:...,..,.6 of law fGF ,,UGh
35
36
u.hole A-Mr iR part the vested rights for adequate pa hl'n faGilities.
37 a.
°evie;> and determinatien of vested r;9 ;ts determination a ee#i#+Gate
38
of pi lhlin fadlity adeq ian1. by hearing effiner I Ipen r i t by the hea •n
39
effiner of the app"GatwGR for deterrninAtiAR of vested r htc fn a Ge::lfiGate
40
of pa �hlin faniGfiy adegl ian.. and the .ri+fen r enda +inn of the
41
Comma 'nit„ Development and FinvironmeRtal Cer.dnes
42
43
pa ihlin hearing on the a lira +inn At the hearing the hearing efFne, shag
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take eymdeRGe and SW9FR tes +ilTIGR . ' regard to the mite:.a set fGglh in
45
ra hsentien 9 n n- n7 0 7 g of this Cede and shall follow the rules of
46
PFOGeddure set forth in F.Sm -§ 120.5711)(h), 4, 6, 7, and 8j F.Sm s
47
120 GR09 \0a\ /d\ and (0; and F.S. § 9701 FA /1 \ /h1 nnh. to the extent +ha+
48
49
under oath. The hearing offiraer shall follew the PF9GeduFes establi6hed fGF
50
adm•nintrat•.,e hearings in Rules 60Q 2409, 2.017, 24020, 2.022, 023
51
2424, 2.025, 2427, 2431, F.A.G. eXGeptas expressly feFt;
and set-
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_ . V V V vV . V n _ to ti_e _ deleted f. _. _ DG
and intent the Administrative rode or revised
Bold text
indicates a defined term
1 heroin The pad'es before the hear'n offioer .hall inoL ude then lRty, +he
2 owner oF
3 matters diredly relafin to the standards set forth in subser +inn 1 n m m
4 B.7 .g. nf_+this Code The County A++nrne shall represent the GG mfii shall
55 a ttend the p ihl'o hearing, and shall offer s eh evi depee as relevant to
6 the roeeed'n s The owner of the nreneFty and its authorizer! agents
7 may effer s Ioh e.."denee at then bldo hear'n as iis relevant to the
8 PFE)GeediRgis and oriter'a The erder of presentation before the hearing
9 OffiGer at the p ubl'p hearing shall he as follows. 1\ the f eun +v's surnmary
10 of the appldoatoo r'tten r endat'o •i+nesses and o +her
11 „idenGe; 2) g nnrgant witnesses and e„iaeRGe• 3) publi
12
13 real, if aay.
14 e. Ise. of vested rights determination for a eertifieate of publio faeility
15 adequacy by hearing offiGer Within 15 working days after then ale +inn
16 of +he p uhl'o hear'n nder subsection 10 n7 n7 B 7 n of this Code the
17
18 rights for a oert'f'oa +e of pu bl'o fae'lity adenu a i the r endsf'n of
19
20
21 pFesented at the p ubl'o hear'R n light of all of the on +aria set forth iR
22 subsec4in n 1n 07 07 B 7 n of this Code and shall deny, n aR+ o an+
23
24 oed'f rate of p6 bl'o fadlit.. ader., �aov for the n party or prepetes a+
255 e The deterw.'Rat'o shall he in .riting and shall 'RG' ode findings of
26
27
28 det r
om'na +'on denying, antinn , or anting with eeRdi +ions whole or
L9 part the vested rights for adequate puhno fanilities
30
31 b ssuaRGe of the hearing offieeds written de+ermiRa +ion of vested Fights for
32 a eerbkate of pu bk faoilit.. adenu the GO Rty Attorney, the
G33 om.r11 +., Development and ER, en +al cewdr- s ni„isien
34 ndm'n'strater, or the e Per ite. a� �thorized atterne„ or agent, m
35
36 adequaGy of the hearing officer to the Beard of GO inty Commissioners A
37
38 at A rate et by the Board of County Gernmissioners fro
39 tome to time and shall he charged to and paid by the owner or its
40 awthGrized agent. The Board of County QnmmissinnPrl; Shall adopt the
41 hear'n officer's de termination of vested rights for a oertifigate of pi lb"
42 fadlity
43 hears officer's .fetermiRa +ion of vested rights for a oertifioa +e of publio
44
45 a, thor'zed to modify o eRf the hearing ofken s detel:.Minafiep of "acted
46 Fights for a oert'fieate of pu bliG facility adeq Sao.. u Riess the Beard of
47 Ge lR +„ r omglicCcioRerc finds that the hearing officer's determination is Rot
48 suppoFted by s hstan +ial n pate Rt evideRge in the r ord of the hear'R
49 off'n pu bl'o hear'n or that the heaF'ng off e s determ'Ratoo of vested
550 Fights for a eert'f'eate of p uhl'o faoll'ty adequaGy ilS nn +rani too the eri +aria
51 established OR bseo +ion 10 n7 n7 B-7-g. of +his Gedg
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9 A 2
46 'O. Certificate of Public Facility Adequacy (COA) for Roadwav�. - - Comment [C432]: section C rewritten
47 1. Applicability. [The issuance of a COA for roadways shall demonstrate proof of
48 adequate roadways to serve the development approved by the develo ment
49 order. - - Comment [C433]: Prior C.2.f. "Effect" section
50 2. Issuance of a COA for roadways.
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..d ...IOGated t t" .. cede .. ed
e Bold text indicates a defined term
3
approval of one of the following:) _
- - j comment [C434]: Prior C.2.a "Timing"
4
i. A final subdivision plat and amendments thereof:
5
ii. A final approved site development plan or site improvement plan
6
and amendments thereof:
7
iii. A building permit or mobile home tie -down permit issued by the
8
Countv: or
9
�iv. Pursuant to the terms of an enforceable development agreement
10
with Collier County pursuant to the provisions of F.S. § � 163.3220
11
- 163.3242 or other agreement acceptable to the Board of County
12
Commissioners, in conjunction with the approval of a
13
development order and /or a certificate of public facility
14
adequacy. L _
- Comment [C435]: Prior C.3
15
_ _ _ _ _ _ _ _ _ _ _ _ _,
3. Exceptions. Non - residential developments (i.e. commercial or industrial)
Lomment [els436]: Prior C.1.a ii a -b
16
otherwise required to obtain approval of a site development plan prior to the
- -- - - -
17
issuance of a building permit or applicants for a final subdivision plat may elect
18
to:
19
a. Comply with the applicable regulations of this section as to one or more of
20
the lot(s) of the final subdivision plat and obtain a COA specifically for
21
lust that lot or lots at a specified intensity of development: or
22
b. Delay submitting a Transportation Impact Statement (TIS) and obtaining a
23
COA for all of the proposed lots, or just those remaining lots not then
24
already complying with this section, until a required site development
25
plan is applied for and the terms of this section are then complied with
26
including payment of estimated transportation impact fees. However, the
27
subject development is not allocated any available road system capacity
28
or considered eligible to be vested for transportation concurrency
29
purposes until approval of a TIS, payment of estimated Transportation
30
Impact Fees in accordance with this subsection, and issuance of a COA
31
in accordance with Chapters 3, 6, and 10 of the LDC.
32
4. One year Traffic Capacity Reservation.
{ comment [els437]: Prior C 4.f and new
33
a. At the time of TIS approval by the Engineering Services Director or
Liaanguage
34
designee a 1 year Traffic Capacity Reservation shall be set aside and
35
allocated by the County Manager or designee for the proposed
36
development pending the approval of the final local development
37
orders identified in LDC subsection 10.02.07 C.2 a.
38
b. Following approval of a final local development order identified in LDC
39
section 10.02.07 C.2 a, the estimated roadway impact fees shall be paid
40
within 1 year of the TIS approval to secure the COA.
41
C. Failure to pay the estimated roadway impact fees following the approval
42
of a final local development order identified in LDC subsection 10.02.07
43
C.2 a within the 1 year of Traffic Capacity Reservation shall require the
44
applicant to re -apply for a COA.
45
d. If a final local development order identified in LDC subsection 10.02.07
46
C.2 a is not approved within 1 year of the TIS approval date, the
47
applicant may petition the Board of County Commissioners to extend the
48
Traffic Capacity Reservation for 1 year.
49
5. Roadway Impact Fee Payment.
50
a. Estimated Roadway Impact Fee. In order to obtain a COA the applicant
t_comment [ers438]: Prior C.1.ai 1
51
shall pay the estimated road impact fees in accordance with Code of
__ - -_�
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Bold text indicates a defined term
accordance with the Code of Laws and Ordinances section 74 -302 (h)(1).
1. Process. The Administrative Code shall establish the procedures and submittal
9 A 2
- - Comment [C439]: Prior C.1.d- second half
Comment [C440]: Prior C.1.a.ii (last part)
comment[ Is441]: Pnor C. 1.d
Comment [els442]: Prior C.4.f 11
10.02.07 C.2 a.
lb. Application fees for a COA shall be in an amount determined by the
Board of County Commissioners and shall accompany the application.1 An - - - comment [C443]: Pnor C.4.a - end of me
application shall not be deemed complete until the application fees have Section
been paid.
public facility adequacy shall be assignable within the corresponding land
of the approved development, and shall not be assignable or
transferable to other development, except as may otherwise be provided
for under an approved development agreement. This provision does not
preclude the re- allocation of capacity between lots or parcels comprising
the land that is the subject of the same consolidated application for
development approval so long as the original certificate is surrendered
along with a written request by the then current owner to re- allocate no
more than that certificate's previously approved capacity in a re- issued
certificate.
b.l In the event that upon build -out of the development estimated
transportation impact fees are still unspent, the remaining balance of such
estimated fees may be transferred in accordance with Code of Laws and
Ordinances section 74 -203 (b). The COA shall be modified to reflect the
built -out development.
�. Appeal of public facilities determination. Appeals shall be consistent with Code of
Laws and Ordinances section 250 -58.
Comment [els444]: Prior C.2.d
Comment [e15445]: Revised language from
prior C.1.d. New language added
Comment [els446]: Prior C.4.d
facilltle ._ - - - - - - _ _ - - _ .- _. _ - _ _ - - - - - - - - _ - _ _ _- - - Comment [C447]: Prior C.1.a.iii /Current
1. Non - Roadway Impact Fee Payment. Non - roadway impact fees shall be in process
accordance with Code of Laws and Ordinances section 74 -302. Comment [els44s]: e 1 3 .-New language
2. Non - Roadway Impact Fee Process. A COA for all non - roadway "Category A" L and from prior C 1.a.iii and C 4.d
capital improvements is deemed applied for concurrent with the building
application and shall be issued simultaneously with the issuance of the building
permit.
3. -_ Appeal of public facilities determination. Appeals shall be consistent with Code of
178
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Comment [C449]: Section revised to
- -' consolidate language where appropriate
Comment [C450]: New language. Included to
- - identify that these standards are not currently
used.
9A2
Text underlined is new text to be added.
Bold text indicates a defined term
1 of a certificate of public facility adequacy, the application shall fulfill the standards for the
2 following public facility components:
3 1. Potable water facilities.
4 a. The potable water component shall be granted if any of the following
5 conditions are met:
6 i. The required public facilities are in place at the time a final site
7 development plan, final subdivision plat or building permit is
8 issued.
9 ii. The required public facilities are under construction at the time a
10 final site development plan, final subdivision plat or building
11 permit is issued.
12 iii. The required public facilities are guaranteed in an enforceable
13 development agreement that includes the provisions of the LDC
14 section 10.02.07, above.
15 2. Sanitary sewer facilities and solid waste facilities.
16 a. The sanitary sewer component shall be granted if any of the following
17 conditions are met:
18 i. The required public facilities are in place at the time a final site
19 development plan, final subdivision plat or building permit is
20 issued.
21 ii. The required public facilities are under construction at the time a
22 final site development plan, final subdivision plat or building
23 permit is issued.
24 iii. The required public facilities are guaranteed in an enforceable
25 development agreement that includes the provisions of sections
26 i. and ii.
27 3. Drainage facilities. The drainage component shall be granted if the proposed
28 development has a drainage and water management plan that has been
29 approved by the Environmental Services Division that meets the LOS for
30 Capital drainage facilities defined in LDC section 6.02.01 D.
31 4. Park and recreation facilities.
32 a. The parks and recreation component shall be granted if any of the
33 following conditions are met:
34 i. The required public facilities are in place at the time a final site
35 development plan, final subdivision plat or building permit is
36 issued.
37 ii. The required public facilities are under construction at the time a
38 final site development plan, final subdivision plat or building
39 permit is issued.
40 iii. The required public facilities are the subject of a binding contract
41 executed for the construction of those public facilities, which
42 provides for the commencement of actual construction within 1
43 year of issuance of a final site development plan, final
44 subdivision plat or a building permit.
45 iv. The required public facilities are guaranteed in an enforceable
46 development agreement that includes the provisions of sections
47 i., ii., and iii. above.
48 5. Public school facilities. The determination of public facility adequacy for school
49 facilities shall occur only after the School District has issued a school capacity
50 availability determination letter (SCADL) verifying that capacity is available to
179
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Text underlined is new text to be added.
Bold text indicates a defined term
1
serve the development. Public facility adequacy for school facilities shall be
2
granted if any of the following conditions are met.
3
a. The necessary facilities and services are in place at the time a final site
4
development plan or final subdivision plat is approved:
5
b. The necessary facilities and services are under construction or the
6
contract for such facilities and services has been awarded accepted and
7
duly executed by all parties, at the time a final site development plan or
8
final subdivision plat is approved;
9
C. The necessary facilities and services are found in the first, second or third
10
year of the School District of Collier County's Five -Year Capital
11
Improvement Plan; or
12
d. The necessary facilities and services are subject of a development
13
agreement to contribute proportionate share funding as provided for in
14
Policy 2.4 in the Public School Facilities Element of the Growth
15
Management Plan or to construct the needed facilities.
16
17
i . Geaeral.
n+ of Feed 1m + fees to ebta ;R a GeFt'f• ate of adequate hl'
19
#asil+l ie�
20
I, this ostio is to be read • GGRjURGtiGR with SeGtiE)R 74 onn /h\ F
21
22
li. In Ge tifiGato of r hl G f-,n lit„ aran, aG, ' (GOA) Shall do 's a --
28
CpRGYrron+, With the - rGyal of the ReXt v n r f l -a
L4
development order ont of the estimated read iR ai;4
25
foes in nnr.or,fn.,,.e with the ro„'siD^ J Of SeGtii
26
.
27
be deposited 'Rte the a nliGabie im ai;t for, trust fund _Th f, pd - -- --
28
Will then be immediately ailab!e fee : apppapriatiGR by the Beafd
29
30
;e -t-'. that fer these Gen residentialTi.e., + „n Gall„ n a
31
32
33
final subdivision plat may eleGt-tia-
34
a) Gemnl„ A, th the . pliGable r I-.t r of this eGt•, G t,.
35
36
spedftally for jiist that'Ot nr In +r. Ut 2 eG feed •nt + F
37
deyelr.pm nt n
38
39
prepesed let _just these r...,,,..,,,, 'otS ^^t then a!Fead
40
c_omnhiiRg With this seGtinn mW o Fora SDP is plied for
41
and the terns of this seGti9R aFe +hnn c.,, lied With
42
paymeRt of estimated trnn „rt2t n @Gt foes
43
44
system n nit„ n s deFe t eligible to be vested for
45
46
aT-IC ant of estimates Tro emotion Imnoot Fees iR
47
�cr to s° ..,ith this subSeGtiOR, and issua ^f a GOA i, ,
9A2
Comment [C451]: Relocated to new C.5.a
Comment [C452]: Considered to be an
amendment of a SDP or SIP, relocated to
G2.a.i-ii.
Comment [C453]: Relocated to C.5.b
Comment [C454]: Identified in the Code of 1
Laws J
48 ae-cerda _ , - Comment [C455]: Revised and relocated to
49 C.3 Exceptions
50 P
51
180
LkAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
DC;
le or rev sed
Bold text indicates a defined term
42
+ranspeFtatieR impaGt fee distFiGt . ,,;ded a vested not flmmen+s
43
44
45
+„ delete these ono+lc.mon +�
46
47
48
49
50
51
181
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
_ - - Comment [C456]: Revised and relocated to
C.5.b and in the Code of Laws
Comment [C457]: Relocated to E.2
Comment [els458]: Relocated to 10.02.13
1 F.6.
- Comment [C459]: Intent is captured in C.2
Comment [C460]: Intent captured in the
Admin Code.
Comment [C461]: To be relocated to the
Code of Laws 74 302(h)if needed
{Comment [C462]: Relocated to 5.c
Comment [C463]: Revised and relocated to
D.2
Text underlined is new text to be added.
Bold text indicates a defined term
1
2
3
4
5 order seb}eette Gm 1 m E)f this Geda -L
7
8 II7}C f d h h aGt ors estimated to ` due the I' ., F
- �� wrr..a n4 +h d I
9 far A.Whieh a final IIr. al development order I .,f' has beeR
10 submitted imn Ya f' e+ fee aln lao ti II he .+ a rl the +
11
12 the impact fee eeerdinater. PPPPPPP @7 meat in aEEerdaRGe wthSee IGR G:1
9 A 2
Comment [C464]: Annual Mid -year
monitoring reports are no longer connected to
COA. Developer requirement responsibilities
located elsewhere in the ordinance or code.
-- - - Comment [C465]: Revised and relocated to
1 2.a
13 vAll he due at the + me of REA
fi G.at,GR Gf approval of the final local
14
15
16
17 rwle4la}lnn of im ae+ foes due
will be based OR the } '+ Of
18 development aetuawW ,mitten
f9F GGRStPUGtiE)R and +h +f +
19 then eerrently applicable, c
nh that addit'anal a + f be
20
21 iMpaGt fees shall be dun as
Nr rt d fer r f this Gede.
f 6mment [C466]: Some parts repetitive.
22 G. GORSEAdated appkati9R. A
final IeGal development GFdeF shall reGeive
Revised and relocated In new C.5 J
23
24
25 GeFt „ ate of N. hl r fue I + j
ade y„ u "7 may eRl y be subitt d with aR
26 app!iG@tiE)R fer final lec;al development
order approval, wheFe
27
28
29
30 fGFth iR G. 14 Gf th S Gede,
I , - Comment [C467]: Intent iden—med in new c.2
31
adequaGy shall Fun ; +h the
land a •ated with the d
33
34 land of the appreved develepinnent,
and sl'al! Ret be assigRable
35 tr- ,r`fornhlo +n n+hnr delfelopment,
ex-Gent as may +h be ',J d
36 for Rde ed development
This pro-vis.en rl not
nch de the ire- allneu +'o of
eaoao"ty between lots 1
38 the IurJ n that is the o h'eGt
of. the ISu `G SGI dat`d app'. P--atian for
39 development approval GO
!ear, as the al ertif;Gute is wed
40 alone .. dth a Written request
h,W the then r en+ n + all a+ RG
-
41 FReFe than that Gel fie,ate's
Feyie sly . r ,W
ned t issued
42 e1t'�te-
_ 4 rnmmAnt rfaFRl. Revise i on f rulnrn +e,++.,
9A2
Text underlined is new text to be added.
Text StF!I(ethFOUgh 06 GUFFet�flott'!
Bold text indicates a defined term
1
2
3
4
5
,
6 may be obtained pizovided the _nfarc
;Min 0.
7
8
9
10
11
12 then A—Pe hupdFod thobisand (100,099) Square f--.
13
14
15
16
17
18
19
Comment [C469]: No longer applicable
- - -
hlia fal:fi. adequaisy
20 f. cffea+ ISSI _- -- of er+f o +e of n ni
shall
21 d as+ra +n n nnf of ade a +e publiG faail + els +e c e
the development
22
23
_ -
Comment [C470]: Revised and relocated to
24
_ - - - - -�
C.1 Applicability
25
26
27
28
29
30
31
32 development. APP'i6@tiGR fGF appFE)"RI Of @_ 6_0_I4A6_@tE_3
Ea. r- He
33
34 has expiped shall be ha&ed on pub! 6
at
35
36
_ -
Comment [C471]: Intent of acquiring a new
37 Cffeo+ of development � n n ,.,
�. ���, a�..o�.,�e+�t agreee�t �cloT with a EerEifisa4e
ef�af�lie
COA for new development has been relocated
38
to C.2. The "Expiration of COA language" no
longer applies as written.
39 niteant hall on+er'n +n a nnfnrmnahln deyelenment n
40 County pursuant te the PFGVOS;9RS Of P.S. §§ 163.3220 163.3242
eF etheF
41 agreement a en +able +e the Beard of Ge, ,n +v rammiccienerc
no +inn
42
43 ^den The effeo+ of the development n nL shall he
+e hind the pa +ies
44 an+ 4e the +arms and AAPddtiAPA Af +he deyelenrnen♦ agreement
and the
45
re available a s ani rnnns e eveopmen n nnn
46 far l' +'e c a + e +hen d development
rr en+ w
with when
47 the impa.n +s of the development nee, r nn +hen hl'a faoiG+ies
publis
I _ _ _ _ _ _ , - Comment [C472]: Relocated In new Ci.2a.IV
_ _ _. _ _ _ _ __
48 4 Dreoed, ,re far review of annnoa +inn
49
550 hl'o fao'I' +v aden y For read faaili+ies anly shall he
s„hmi++ed in
51 dr ni'oa +e +e the Gemm n'+.. ne„elen en+ and CnV'rn
en +al Qeni'n
183
I:Wdmin Code 2012 \Current Work \Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added
a it
Bold text indicates a defined term
1
2 fer the -Rext final laGal development order as speGif;Gaily PFE)Vided fer
3 under G.1. All ether applieatiens fer a sertif +ea# e (i.e., eXGept feF ^ d
4 faellltles) shall he cMhmitte d at building emit ^ Ii .^.ti..R a Rd fiRal„
5 payrnept fer aR ;mPur+ fees _°.n.ed 'pel upd' g :R, ....^..d ' p a + fees, will be
6 d pi er to building permit SSUa G Al' a+' fee. iR aR aMGLARt to be Comment els473 : Relocated to new D.1.b.
7
8 he part of the apphGatjGRG-
9
10 fadity, adeq4,4aGy, eXGept fGF the FGad GeMPE)ReRt, shall be established by
11 the (`emm n'ty Deyelep.v.e pt and FEniviFORMeRtal ServiGes n. ViSiGR
12 AdMini`trrlter. ;^ all Gas` the liVant shall y'rd a fa I h
13
14 applicant may be seRt. The form and GGRteRts for the appliGatiBIR fG
15
16
17 appkatiep^ iR their ept;rete e ReGessaFy to alloy." pFepeF and adequate
18 Feyi ..: by he +h the Ge pity Development and G tal
19 Cepnenn D ViGieR and the Tranaperfatiep SeN ees DivisieR. The f d
20 Gnpte RtS far a Ii`4t S shall be published and ad available to the
21 geReral pub4G-
22
23 fer aetfiaa +e of puhlie facility
24 and ERVi vRMcRtal Se yiees Div n for read fae'I' +'n all GopieS f +h
25
26 the Transperta +'en ce.l,;_oc Diyi p fer pray later thaR the +
27 h iSiRes_ day. After p+ of the 'I'aatiOR fvr "rt f `ate f b.l'a fa 'I'+
._ n'r' _. 'NN��...��.�� v, peuc�rr�re.errnr
28 adee, w the GeUR+ a SAM er r d`sigRee and Trunsper+at'
.�:. C„ .. ,.� CS., , �,y, .,pev.cezc,mR
29 oe o'iees Bivisien Ad- Ministrater, ar desig;ee, shall det°rm'^e whether its
30
termi% d that a . pepept of the a I'eat'e t I t i - itr.teR
32
33 to the nliGanf c ee't/n the def'a The Ge my Man
34 d° „d TpaRspeFtatieR ServiGer. DiViS eR A rn + at
35 designee, shall take ne f rther as +'e An the @ppPGatiGR the
36 defieiepeies a ed'ed The a plinapt shall p y de +he a.d.d't'apal
37 iPfAl`M9fi9n WithiR 60 days er the appliGatieR Will be
38 al,14 the appl'na+'ep fee foFfeited After @Ry appliGatieR fer a GeFt f `at
39 eneeNt for re—ad f4r.;liti° is ,.,G_,.'ed and determiRed to bep: + , the
40 GeLAnty-Manager, er designee, shall r review and aRt er ,den„ a h b r
41 facility e penep+" t far r„udS iR the appliGati9R PLIPSLIaRt W the
42 a +apdards ea+ahlished in G.5. of thisGede The Trap pertat'en Sewilaes
43 DiyisioR 1ldministrater, er designee, shall Feview the related traff',. 'm ant
44 state, eRt wad if there a e „„ autstandiR +ra„apertat l^ted issues-
45
46 .den„ a 1 . ear+raffie aalty r _F :.^.tier' fGr FG@d° pupsuaRt tG subseGtiGIR
47 C 4 f within the then effectt.y hm' +tal r .y time frame set fe.dh by th
48
49 Admipis +ra+er's er decigRee's dicereti„n based R their refess'e al
50 n idgmeRt e pipe of said +raffia a city r ya +'e y he wthheld
51 ,,e „d t„p- -A„A-,...,, (-=ntiA-Red time fFame s leRg as the ts+and'n
184
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
40
Se N i G e s nip
i S i 0 R n,Jm R'S +r2+„r'-q rye. +o a +i en. u n e s; +ho RA-,ral „f
41
42
ho +en +'el n
ne +en+ e" dense er that the (`emm n "+v Development "nrt
43
ERVIFeRrApntAl
cen, , e, DmwisiAn n,am .s +r.R +.,r'r, en,a the Trl,ncneFtat e
44
cen, n „
n n tm n +re+ r eJe +erm ne +ie en #ap +e the Gr+eria
45
esfa 'is#ed in
c;pptiAp ofthisGed1The deGiSiG+he
46
47
the criteria-
48
e. nnnre „-,1 of Ger+ifine
+e ; n en+ fer Rd , -,
Gell+i„n of Ger+f Gated 1 Ines
49
r. .,
ne +'f'+'en by
faGSim'Ie h., the (`em ni+., ne"elnnmen+; -;P J
50
51
Trnnoner+n +inn
Cen,'n c n \/ n AdmiRistrater nr deo'n o that a
185
Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
to be a.,i,,,,,a 4AM 1 nr
the Admin StFative Code of revised
Bold text indicates a defined term
24
25 a'!ahle n A'tv unless the
final le.ral development A.dAr for the
26 development is red Ar
the Beard a e.hens'Ap fA the 1
27 yeaf tiMe pef+e� -'I
DrepertiA'Pate Share Payments
Drepedienote chore paye ., - _ -ants rno hr,
29 ra e fe mitigate fhe 'm ants
Af a development A n def'eient readwa„
30 link by m n than a de m
mt..dthip a TranspArtatiAp
31
°
32 miles and 52504 of the east .vest
Iape miles are eperatiizlg at A above the
33
34 GGmprehensive Plan Tr p nsnArtntien
Clement HAIA e"er no irnpaGt will he
35 de Minimis if it e eels the adopted
level. of s ofapdard Af an"
47 I. Thep pert Apate share r.f the nrst r.f impre"emepts Af s nh
48
49 €et:
50 Dre'ent trips im amine defisl eat Ilnk &V in Ast —
51 PF9pGFti9Rate share
186
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Comment [C474]: Revised, updated and
identified in Admin Code. Appeals language
identified in D.3
- Comment [C475]: Revised and relocated to 1
new CA J
'* 9A2
Text underlined is new text to be added.
Te
LPG
Bold text indicates a defined term
1 i. Pfo}eet tFlpS — Cumulative ether of the tFipS fFeFR thc°
2 ed development e eeted ter aoh the Feadwaa
3 di Arian the peak hour frnm then plete hu dideu t of a cane
4 OF phase being approved.
5 2. RV inprease - Thxp r-.hqnge iR peak he, m serer
6 velurne of the readway r u ltinn frnm r RStF e+iep of the
7 eat n y to m in+a'n the adepted level of
8
9
S.
10
11
12 en+ aSSGGiated eeStS ne d n e
13 design right of Sit;OR , , ,, pla RRipe
14 eGt .. ie nd ether a +ed phySiGal deyelepmnnt
15 ests diFeGtly r rod and a ated with the e pe, +r e+ e
16 of the 'm en+
17 ♦} The 6GSt fer a defidept readwa y IiRk shall he established
18
19 sim llar n a type/faeili +„ type, as determiped by the Pallier Ge6 k*
20 - Comment [C476]: Relocated to LDC section
21 5. C+apdards fer review of appliea+iep The fe.Ile,,.dRg sty,. dal:ds shall he used iR +ho - 6.02.03 F -the T S section.
22 determlpa +inn of whe ther ton ant er deny a eer+ikate of puhlie fa Gillty adeauaw . - - - -___
23 Rofnrn is of a oedifina +o of pi rhlie fadli +v adorn uae y the a plleaFep shall
24
25 sewer, se"d waste dram arks wheels and reads)
26 a. Re+ahle ,ya +or faeili ie, s.
27 The potable Water GompoReRt shall be gFaRted if aR�' ef the
28 fGIIGIMRg GORditiORs are met
29 (a) The requ red public; faellltie plans at +he t'm a final
30 site development plan, f n�al plat Gr building
31 peFMit i issued.
32 (b) The required p hke fag l tiesaFe LARder GeRStFU6EiE)R at the
33 torne a final s te development plan, fiRal subdivision plat
34 ar building peFMit is issued-.
35 (e) T e Fequired pub ies afegt: araRteed i ; aR
36 opforeeahle development agreement that iRel des the
37 .
38 b. caRi+ar., sewelF faa rties
39 i The c Ritap seweF eat shall he e apted if aRy of the
40
41 ) The Fequired p bkG faGilitiesare iR PIRse at the firne a fi
42 site development plan final subdivision plat or building
43 Ne m t ed
44 Eb; The required I+cfadi toes ader GGRStFUGt'GR at the
45 time a final s. +e development play final subdivision plat
46 r building permit is issued
-
47 (s) —T
48 enforeeahle development agreement that ine.l des the
49
50 G. Celia] .. aote faeilities
187
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
J
Text underlined is new text to be added.
.. tip dplpted fFGFR LDC
V V v Bold text indicates a defined term
1 I. The SQI0d W REAP n neon+ shall be granted if a of +ho
2
3 (a) The regairedpabis fasilifies areiR plaeea +the firne a f;4;,-
4 si +P development plan final subdivision plat er building
5 peFmit is issued.
6 (b) T) T he requ ired public fasilifies are URdeF GGRstFuGtien at the
7 fime a fiRal site development plan, f Rai subdivision plat
8 r hv,ild'no p m' +'s issued,
9 (e) The rega +red pub! G aG'I' ieSare guaraRteed
10 enfereeable development agreement that iRGI des the
11 .
12 d. flrainaon faEiliAies. The drain GGR�PGReRt shall ben anted if the
13 pFGpGsed deveelepment has a drai Rage R.Pd- veter m ent Plan that
14 has beer+ a ed by the Cnv,'rn en +al QeP /ees n'y' n that meets
15 the LOSS far Gap'tal d.aina Pe facilities deFped 'R n of this Cede
16 e. Dark and r eaten 'ItieS.
17 I. The parks and r ea +'n GGRIPGReRt shall bee anted if any of the
18 f9II9WiRg GGndl+iGRs a met
19 (,a) The r red n hl'G faG'1' ties are IR plaGe at the time a f'pal
20 site do PIP nt plan, final subdivision plat or building
21 peFmit is issued.
22 (b) The Fequ red p bliG faG'I' ties are uRder GGRS +r G,.rcrciGtiG rat4 e
23 time a final site development plan final subdivision plat
24 OF building peFmit is issue4-.
25 fei The Feq red p bl'G fa G'I' +'esare the subjeei- of�. a bb'pd'ng
26 op+ra Gt o G, ded for the G Pstr G+'n of these pub'IGG
27 fadlities vahiGh n v,ides for the G ept of
28 pstFUG +iop Within 1 yeaF of is of a final Site
29 development plan, fiRal subdivision plat OF a building
30 PeFmit.
31 /d\ The r red n hl'G faG'I'tie aFe guaFaRteed
32 enfarreahle development a nt that ipol des the
33 of sections (a) /b\ nd /G\ above
34 f. Read Thar ad G p4 shad h�G p nsP Pbased UPG
35 v.,hethPr the n ed development is n +side a des' Pa+od ACI
36 a desigRAted 421
37 I Dead fadlifies The read G Pnt shall he GARSideFed based
38 upen ,pen whether ffiG nt r ady nd 'p +P Gt'o G'ty
is-
39 ailable based en the findipns of the TransPOrlatiop impart
40 Statement (TIQ)- Which shall he based n the P Gf
41 eGt GRS u Pd v
42 ;i nevelopm nt Within desinpa+ed a Gf ciPnifieant influ enGe
43
44 pe+ept'ally, deli Gent readsegment, the read G ea+ shall he
45
46 prepesed development W 11 REA make the pGteRt ally defiGieRt read
47 segmeRt Within the ASI a deft Glen+ r ads ept In the 'nstapne
48 where the n ed development,.-A.11 P Pate a def'G'ept road
49 segrReRt, a GedifiGa +e of pi ibkG faGili +y adeeuaGy for the road
50 GGMPGReRt shall be a ed eply, fer that Per+'. of the
51 development that does pot G Pate the defi Giept read s en+ Cer
188
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'eGated to ., Gede 9
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development within a rdes'nnaterd 4Q1 r a rlefinient repel
lonment that rlees net in e the not trins n
the def'n'ent read s ent and rin not further degrade the I nC
of the def'o'ent roar) segment.
9. Dublin soheel fan'li +'es The determination of n hl'o faG MY arlen a y fnr
nheel fan'I't'o shall GGGUF only after the Coheol Di Rtr'et has issued a
rhool n n:ty availability determination letter (SCAR ) yerif.iino
that n .-' +v is "Table +e s e the development D hl'e fan'I' +v
Condition met.
I. ni faslliti es ands plane At the time
fiRal site development PIaR OF fiRal subdivision plat is apprev-64;
H. Then ni fao'I't'e and SeFViGes are Rder a nstn in +inn er the
Gm^ ; r Fact f vF Srn^h f aG r'mI'+�' es -a„a- xr^c"rcc s - h Fa -h been Q CV
,
aGGepted, nrd d y n n ter! by all parties at the time a final site
development plan er final subdivision plat is appreved;
HiThen p, fan'I't'n rld ser2V Ges e fn nrd 'n the first se^^ f
Capital impmvemeRt PaRj E)
I-V Then ni fae'I't'n nrl seFVjGes aFe uhies+ of -a
development agreement to nentrlhuhe p ertinnate share
f nrdipa a PFE)Vided fnr in PeGna 2.4 in the Duhlie Canili +ins
Element of the (]revdh Management Plan el: ten ns +r got the
n
eerlerl facilities _ - - Comment [C477]: Revised and relocated to
# # # # # # # # # new F
189
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Admi strative Code - _ 'Amendment Overview
Admin Code Section
and Title:
Ch. 3 H. Rezoning - Standard
LDC Notice Section
10.03.06 — Multiple sections
LDC Changes:
10.02.08
B.
• Relocating language from section 10.03.05 H -T to 10.02.08 C-
6
M.
amendment may be proposed by:
• Provisions were slightly reorganized for improved process
structure.
8
• 10.03.05 is for public notice and public hearing procedures, and
2. Planning commission.
the rezoning process was inaccurately located in the section.
• 10.02.08 was titled to reflect rezoning actions, but contained
10
duplicated LDC amendment procedures.
4. Any other department or agency of the county.
• To fix the errors, the LDC amendment procedures were
relocated to 10.02.09, which was already titled correctly for
12
LDC amendments.
Revision:
6/6/13 CC
2 10.02.08 Submittal Requirements for Amendments to the Official Zoning Atlas and LDG
3
A.
Purpose and intent. This ZGRiRg Gede ^^d tThe official zoning atlas may, from time to
4
time, be amended, supplemented, changed or repealed. Procedures shall be as follows:
5
B.
Amendment of the zoning atlas. lRitiatieR ef pFepesais for aFnendmeRt. A zoning atlas
6
amendment may be proposed by:
7
1. Board of county commissioners.
8
2. Planning commission.
9
3. Board of zoning appeals.
10
4. Any other department or agency of the county.
11
5. Any person other than those listed in 1 -4 above; provided, however, that no
12
person shall propose an amendment for the rezoning of property (except as
13
agent or attorney for an owner) which he does not own. The name of the owner
14
shall appear in each application.
15
C.
All proposals for zoning amendments shall be considered first by the Planning
16
Commission in the manner�rovided in this section.
17
D.
All proposals for zoning amendments shall be submitted as established in the
18
Administrative Code and jg-wFi#gg4e4he
19
accompanied by all pertinent information required by the LDC this eRingGode and
20
which may be required by the Planning Commission for proper consideration of the
21
matter, along with payment of such fees and charges as have been established by the
22
Board of County Commissioners. No application for zoning amendment shall be heard
23
by the Planning Commission until such fees and charges have been paid.
24
I1. Rezoning application processing time. jLn application for a rezoning amendment _ , - comment [c478]: Relocated from 10.o3.oe r
25
or change will be considered 'open" when the determination of "sufficiency" has
26
been made and the application is assigned a petition processing number. An
27
application for a rezoning, amendment or change will be considered "closed"
28
when the applicant withdraws the subject application through written notice or
29
ceases to supply necessary information to continue processing or otherwise
30
actively pursue the rezoning, amendment or change, for a period of 6 months. An
31
application deemed "closed" will not receive further processing and shall be
32
withdrawn. An application "closed" through inactivity shall be deemed withdrawn.
33
The County Manager or designee will notify the applicant of closure. however,
190
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pelnnAterl ^ Bold text indicates a defined term
1 failure to notify by the county shall not eliminate the "closed" status of a petition.
2 An application deemed "closed" may be re- opened by submission of a new
3 application repayment of all application fees and the grant of a determination of
4 "sufficiency ". Further review of the request will be subject to the then current
5 code.
6 G.1 Amendments. AmeRdmeRt6 to N6 GGde may be made RGt mere than 2 times duFiRgsny
8 ^ , .d..._. tS to the Cod (See eG iGR 1002 40 n be!G , f„r Fe .. ements\
9 The m d Fe fqF v.. eRdmeRt W thiv shall be as C Cede sh b nFeyided in seGtieR
10
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eitheF type of affieR meat With the Board of County Commissioners within 45
days after the public hearing before the Planning Commission has been closed.
2. Presentation of evidence. The staff report on the application for rezoning shall be
presented prior to the close of the public hearing on the application. The
applicant shall be afforded the opportunity, prior to the close of the public
hearing, to respond to any contentions presented by any testimony or other
evidence presented during the public hearing, and to respond to the staff report,
after receipt of which the hearing shall be concluded, unless the hearing is
continued and the matter referred back to staff for further consideration of such
matters as the Planning Commission may direct.
29
findings, when applicable:
30
1.
Whether the proposed change will be consistent with the goals, objectives, and
31
policies and future land use map and the elements of the growth management
32
Ip an.
33
2.
The existing land use pattern.
34
3.
The possible creation of an isolated district unrelated to adjacent and nearby
35
districts.
36
4.
Whether existing district boundaries are illogically drawn in relation to existing
37
conditions on the property proposed for change.
38
5.
Whether changed or changing conditions make the passage of the proposed
39
amendment necessary.
40
6.
Whether the proposed change will adversely influence living conditions in the
41
neighborhood.
42
7.
Whether the proposed change will create or excessively increase traffic
43
congestion or create types of traffic deemed incompatible with surrounding land
44
uses, because of peak volumes or projected types of vehicular traffic. including
45
activity during construction phases of the development, or otherwise affect
46
public safety.
47
8.
Whether the proposed change will create a drainage problem.
48
9.
Whether the proposed change will seriously reduce light and air to adjacent
49 areas.
50 10. Whether the proposed change will adversely affect property values in the
51 adjacent area.
191
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9 A 2
Comment [els479]: Relocated to 10 02.09 A.]
Comment [C480]: Relocated from 10.03.05
H, I and so on
Comment [C481]: The following was deleted
from the Time Limits section:
Last 24 times a year. appliGations no
l'G
the
its publie
1iG8 Per a endaF yeaF exeept
ealendaF year if the
_ `J
Comment [els482]: Relocated from 10.037
FC—Omment [C483]: Previously 10.02.12 D
Text underlined is new text to be added.
Bold text indicates a defined term
1 11. Whether the proposed change will be a deterrent to the improvement or
2 development of adjacent property in accordance with existing regulations
3 12. Whether the proposed change will constitute a grant of special privilege to an
4 individual owner as contrasted with the public welfare.
5 13. Whether there are substantial reasons why the property cannot be used in
6 accordance with existing zoning.
7 14. Whether the change suggested is out of scale with the needs of the
8 neighborhood or the county.
9 15. Whether it is impossible to find other adequate sites in the county for the
10 proposed use in districts already permitting such use.
11 16. The physical characteristics of the property and the degree of site alteration
12 which would be required to make the property usable for any of the range of
13 potential uses under the proposed zoning classification.
14 17. The impact of development on the availability of adequate public facilities and
15 services consistent with the levels of service adopted in the Collier County
16 Growth Management Plan and as defined and implemented through the Collier
17 County Adequate Public Facilities Ordinance rCode ch. 106 art Ill as amended
18 18. Such other factors, standards, or criteria that the Board of County
19 Commissioners shall deem important in the protection of the public health
20 safety, and welfare.
21 Adequate public facilities The applicant may provide all required existing communes
22 and public facilities and services for the requested rezone needs in any one of the
23 following manners:
24 1. Petition for a rezone at such time as all required adequate existing community
25 and public facilities and services have been provided at public expense
26 according to the capital improvement program: or
27 2. Petition for a rezone at such time as all required existing community and public
28 facilities and services have been provided at the private expense of the
29 applicant: or
30 3. Post a surety in lieu of completed improvements to guarantee that all of the
31 required community and public facilities and services will be provided: or
32 4. Facilities for parks and schools through land dedication or fee in lieu of such
33 dedication: or
34 S. Other method acceptable to Board of County Commissioners
35 Hj Other proposed amendments When pertaining to other proposed amendments of these
36 zoning regulations, the Planning Commission shall consider and study:
37 1. The need and justification for the change:
38 2. The relationship of the proposed amendment to the purposes and obiectives of
39 the county's growth management plan, with appropriate consideration as to
40 whether the proposed change will further the purposes of these zoning_
41 regulations and other County codes regulations and actions designed to
42 implement the growth management plan.
43 I.; Restrictions, stipulations and safeguards. The Planning Commission may recommend
44 that a petition to amend supplement or establish a zoning district be approved subject to
45 stipulations, including, but not limited to limiting the use of the property to certain uses
46 provided for in the requested zoning district. The governing body, after receiving the
47 recommendation from the Planning Commission on a request to amend supplement or
48 establish a zoning district, may grant or deny such amendment or supplement and may
49 make the granting conditional upon such restrictions, stipulations and safeguards as it
50 may deem necessary to ensure compliance with the intent and purposes of the Growth
51 Management Plan.
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Comment [els484]: Relocated from 10.03.05 ,
Comment [els485]: Relocated from 10.03.05
K l
Comment [els486]: Relocated from 10.03.05 l
L J
9A2
Text underlined is new text to be added.
Text r : Lett i :9 eti ' e tie A !1!�
...1' .et......te tt,e A.1.., .. l�e.t. OF FeIF4.qPd
Bold text indicates a defined term
1 1. Restrictions, stipulations and safeguards attached to an amendment,
2 supplement, or establishment of a zoning district may include, but are not limited
3 to those necessary to protect adjacent or nearby landowners from any
4 deleterious effects from the full impact of any permitted uses, limitations more
5 restrictive than those generally applying to the district regarding density, height,
6 connection to central water and sewer systems and stipulations requiring that
7 development take place in accordance with a specific site plan. The maximum
8 density permissible or permitted in a zoning district within the urban designated
9 area shall not exceed the density permissible under the density rating system.
10 The Board of County_ Commissioners shall be required to condition and limit the
11 density of a zoning district to a density not to exceed the maximum density
12 permissible under the density rating system. The governing body may also
13 stipulate that the development take place within a given period of time after
14 which time public hearings will be initiated and the district returned to the original
15 designation or such other district as determined appropriate by the governing
16 body in accordance with the Growth Management Plan and LDC sections
17 10.02.12 D. and 10.02.08 L. Any restrictions, stipulations and safeguards
18 attached to an amendment or rezoning including those identified in LDC section
19 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by
20 the county to be appropriate and informative to the public. In cases where
21 stipulations, restrictions or safeguards are attached, all representations of the
22 owner or his agents at public hearings shall be deemed contractual and may be
23 enforced by suit for injunction or other appropriate relief. All conditions,
24 restrictions, stipulations and safeguards which are a condition to the granting of
25 the change in zoning district shall be deemed contractual and may be enforced
26 by suit for injunction or other appropriate relief. All costs, including reasonable
27 attorney's fees shall be awarded to the governmental unit if it prevails in such
28 suit.
29 2. Dedication of public facilities and development of prescribed amenities.
30 a. Public facility dedication. The Board of County Commissioners may, as a
31 condition of approval and adoption of the rezoning required that suitable
32 areas for streets, public rights -of -way, schools, parks, and other public
33 facilities be set aside, improved, and /or dedicated for public use. Where
34 impact fees are levied for 1 or more such public facilities, the market
35 value of the land set aside for the public purpose shall be credited
36 towards impact fees to the extent authorized by the County's
37 Consolidated Impact Fee Ordinance. Said credit shall be based on a
38 negotiated amount not greater than the market value of the set aside land
39 prior to the rezoning action, as determined by an accredited appraiser
40 from a list approved by Collier County. Said appraisal shall be submitted
41 to the county attorney's office and the real property office within 90 days
42 of the date of approval of the rezone, or as otherwise extended in writing
43 by Collier County, so as to establish the amount of any impact fee credits
44 resulting from said dedication. Failure to provide said appraisal within this
45 90 -day time frame shall automatically authorize the county to determine
46 the market value of the property. Impact fee credits shall only be effective
47 after recordation of the conveyance document conveying the dedicated
48 property to Collier County. Where the term Collier County is used in this
49 section, it shall be construed to include the Collier County Water and
50 Sewer District or other agency or dependant district of Collier County
51 Government.
193
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1 b. Land set aside and /or to be improved as committed as part of the
2 rezoning approval shall be deeded or dedicated to Collier County within
3 90 days of receipt of notification by the county that the Dropertv is needed
4 for certain pending public improvements or as otherwise approved by the
5 Board of County Commissioners during the rezoning approval process In
6 any case, however, the county shall take title to the set aside property, at
7 the latest, by a date certain established during and condition on the
8 approval of the rezoning action. At no cost to the county, the land set
9 aside and /or to be improved shall be made free and clear of all liens
10 encumbrances and improvements at the applicant's sole expense
11 except as otherwise approved by the board. Failure to deed the land or
12 complete the dedication within the 90 day appropriate time frame noted
13 above may result in a recommendation to the board of for consideration
14 of rezoning the subject parcel from its current zoning district to an
15 appropriate zoning district and may in a violation of this LDC pursuant to
16 LDC section 8.08.00.
17 C. Should the dedication of land also include agreed upon improvements
18 said improvements shall be completed and accepted by Se4tier�etty
19 Board of County Commissioners at the development phase which has
20 infrastructure improvements available to the parcel of land upon which
21 said improvements are to be made or at a specified time provided for
22 within the ordinance approving the rezone.
23 J.I Status of Planning Commission report and recommendations The report and
24 recommendations of the Planning Commission required by LDC section 110 02 08 E hall
25 be advisory only and not be binding upon the Board of County Commissioners
26 Board of County Commissioner's action on the Planning Commission report
27 1. Upon receipt of the Planning Commission's report and recommendations the
28 Board of Countv Commissioners shall hold a second public hearing with notice to
29 be given pursuant to the provisions of -general law. The reports and
30 recommendations of the staff and the Planning Commission on the application
31 shall be presented prior to the close of the public hearing on the application The
32 applicant shall have the right, prior to the close of the public hearing, to respond
33 to any contentions presented by any testimony or other evidence presented
34 during the public hearing.
35 2. In the case of all proposed chanaes or amendments such changes or
36 amendments shall not be adopted except by the affirmative vote of 4 members of
37 the Board of County Commissioners.
38 L. Failure of Board of County Commissioners to act If a Planning Commission
39 recommendation is not legislatively decided within 90 days of the date of closing of the
40 public hearing by the Board of County Commissioners, the application upon which the
41 report and recommendation is based shall hp dPPmPd to have hP.Pn rianiari nrnviriari
42 that Board of County Commissioners may refer the application to the Planning
43 Commission for further study.
44 �M1 Limitations on the rezoning of property.
45 1. No change in the zoning classification of property shall be considered which
46 involves less than 40,000 square feet of area and 200 feet of street frontage
47 except: where the proposal for rezoning of property involves an extension of an
48 existing or similar adjacent district boundary within the broader land use
49 classification of "C" districts, "RSF" districts, "RMF" districts wherein such rezone
50 is compatible with, or provides appropriate transition from adjacent districts of
51 higher density or intensity. However, the requirement of 200 feet of street
194
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`9A2
Comment [els487]: Relocated from 10.03.05
M
Comment [C488]t Updated from 10.02.A
through H.
Comment [e1s9]: Relocated from 10.0
�. 48 .
N. -- — —
Comment [els490]: Relocated from 10.03.05 1
P. )
1
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,, be dP'AtPd s....., i nr
r..ae ... "e.; ..va
Bold text indicates a defined term
frontage shall not apply to rezone petitions that provide 80 percent or more
affordable housing units.
2. Whenever the Board of County Commissioners has denied an application for the
rezoning of property, the Planning Commission shall not thereafter:
a. Consider any further application for the same rezoning of any part or all of
the same property for a period of 12 months from the date of such action:
b. Consider an application for any other kind of rezoning of any part or all of
the same property for a period of 6 months from the date of such action.
3. Except as otherwise provided within section 10.02.12 D. all zoning approvals for
which a final development order has not been granted within 5 years of the date
of its approval shall be evaluated to determine if the zoning classification for the
property should be changed to a lower, or more suitable classification.
During the fifth year after the date of the zoning approval by the Board of County
Commissioners and during every fifth year thereafter, the County Manager br
designee shall prepare a report on the status of the rezoned property. The
purpose of the report will be to evaluate what procedural steps have been taken
to develop the property under its current zoning classification.
Should the County Manager or designee determine that development has
commenced, then the land shall retain its existing zoning classification and shall
23 supplemental information that may be provided, the Board of County
24 Commissioners shall elect one of the following:
25 a. To extend the current zoning classification on the property for a maximum
26 period of 5 years: at the end of which time, the property shall again be
27 evaluated under the procedures as defined herein.
28 b. Direct the appropriate county staff to begin rezoning procedures for said
29 property. The existing zoning classification of the property shall remain in
30 effect until subsequent action by the board on the property.
31 C. In the case of developments of regional impact, time limit restrictions
32 shall be superseded by the phasing plan and /or time limits contained
33 within the application for development approval and approved as part of
34 a development order in conformance with F.S. 380.06.
35 INI. Applications for rezones to a specific use. The applicant for any rezoning application
36 may, at his or her option, propose a specific use or ranges of uses permitted under the
37 zoning classification for which application has been made. As a condition of approval of
38 such proposal, the development of the property which was the subject of the rezoning
39 application shall be restricted to the approved use or range of uses. Any proposed
40 addition to the approved use or range of uses shall require resubmittal of a rezoning
41 application for the subject property.
42 O. Waiver of time limits. The time limits of 10.02.08IMI above may be waived by 3
43 affirmative votes of the Board of County Commissioners when such action is deemed
44 necessary to prevent injustice or to facilitate the proper development of Collier County.
45 # # # # # # # # # # # # #
46
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- _ - j Comment [C491]: Deleted "his"
- - - Comment [C492]: Deleted "his"
I Comment [els493]: Relocated from 10.03 5 1
Q. JI
Comment [els494]: Relocated from 10.03.05
�R.
Comment [C495]: Previously N.
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TOA et,.,,.,g, o
Code or rPviqPrl
Bold text indicates a defined term
Administrative Code Reference
Admin Code
Ch. 2 B. LDC Amendment- Privately Initiated Text and Map Amendments
V A e
LDC Notice
10.03.06 — Multiple sections
Section
LDC Notes:
10.02.09:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Text underlined is new text to be added.
TOA et,.,,.,g, o
Code or rPviqPrl
Bold text indicates a defined term
Administrative Code Reference
Admin Code
Ch. 2 B. LDC Amendment- Privately Initiated Text and Map Amendments
Cha ter /Section:
LDC Notice
10.03.06 — Multiple sections
Section
LDC Notes:
10.02.09:
• Relocated language from 10.02.08
• Clarified language
Revision:
6/6/13 CC
10.02.09 Submittal Requirements for Text Amendments to the LDC
A. Text Amendments to the LDC.
1. Amendments to the LDC may be made no more than twice during the calendar
year as scheduled by the County Manager, except if the Collier County Board of
County Commissioners, by at least a super - majority vote. directs that additional
amendments be made for specific purposes.
2. The LDC may only be amended in such a way as to preserve the consistency of
the LDC Wth the growth management plan.
3. The Administrative Code shall establish the submittal requirements for LDC
amendments. ,- Comment [C496]: Language relocated from
10.02.08 C.
A. AmeRdMeRtS W this Code may be made mare G#eR thaR tWiGe 12IUFiRg4l�i-e
super nrl+a vote dire Gts that aradit'GRal a RdmeRts be made far c r� fi
pwposes. Comment [C497]: Struck language reloc _ 1
# # # # # # # # # # # # # to 10.02.09 A, above J
196
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9 A 2
Text underlined is new text to be added.
is GUFFent te)d to he deleted "m I DG
Bold text indicates a defined term
Administrative Code/ LDC Amendment Overview
Admin Code Section
Ch. 3 G Planned Unit Developments
and Title:
LDC Notice Section:
N/A
LDC Changes:
10.02.13:
• PUD Master Plan submittal requirements moved to Admin
Code and minor reference changes made
• Updated language and cross references throughout.
• Referenced Admin Code and removed submittal
requirements
Revised:
6/6/13 CC
2 10.02.13 Planned Unit Development (PUD) Procedures
3 A. Generally. . Applications for
4 amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of
5 development along with a list of permitted and accessory uses and a development
6 standards table. The PUD application shall also include a list of developer commitments
7 and any proposed deviations from the LDCLand Development Gede. The PUD master
8 plan shall have been designed by an urban planner who possesses the education and
9 experience to qualify for full membership in the American Institute of Certified Planners;
10 and /or a landscape architect who possesses the education and experience to qualify for
11 full membership in the American Society of Landscape Architects, together with either a
12 practicing civil engineer licensed by the State of Florida, or a practicing architect licensed
13 by the State of Florida_,
14 e'eMe ;tom
15 1. PUD master plan.
16 gFaphiGally iw stra +e the de„elopmea+ 6 4a +e,..,. The Community Character Plan
17 For Collier County, Florida (April 2001) should be referenced as a guide for
18 development and redevelopment in the PUD district.-The Administrative Code
19 shall establish the information to graphically illustrate the development strategy.
20 FThe title of +he oro'en+ and name of +he deyeleper•
+• Comment [eIs498]: A.1.a: m. relocated to the
21 b. caale date Repth arre,.,• Adrn Code
22 G. Re- inrlaries of the ouhieo+ n arty all existing streets anrd nerdeo+r'an
23 cvc+emc Wi thin the site wateFGG6lF6eG, enM land uses Rd -z
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PUD application. The applicant shall submit data supporting and describing the
petition for rezoning to PUD that includes a
development standards table, developer commitments and a list of deviations
from the LDC. (Dimensional (standards shall be based upon an established zonin
district that most closely resembles the development strategy, particularly the
type, density and intensity, of each proposed land use. The ,de„eleprn
mitmnn+c ;;Ad he 60+ of de.inin ne. frnm +hn l/e+n nrdn rde Mhln dn.nln nnr n
c hnll hP s�,hmi + +ed �., hnth n nln..trnn:r.. ^.d ^ n+nd. n farm at a
e6tabli6hed by the Geupty MaRagel: 9F his desigRee. The submittals shall
nnfnrm +n the mn6+ r en+ sta Rdnrrdized f49Finat established by the 7nninn nerd
The PUD application shall
include the information identified in the Administrative Code
unless determined by the Planning and Zoning Ddirector to be unnecessary to
describe the development strategy.
a. Flame pFojeGtj
b.. List of evhibi +c yhmnh are nrnnnned to he innli bled- in the nrdinannn of
adGPti9R'
G. Q+ntement of nmmPnnnne uBth all nlmmPnto of the nrnYdh m ent
pta4,
rnl�.ti nne•hin of the site to c Unh ev+emal fnnilitiee. as highways .•hnnninn
ni 11t Fal n nleves nerd the Iikej
e. Drenorh.. WRerohin anal general rtes in +inn of cite (innll Jinn statement of
reified a rship)•
f. lDecnrin +inn �n +iy of nreient ,deVelnnmentj OF
h6 Drnnnced and n mi +ter! land u ..i +NA ennh +runt AF whii.h
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3. Deviations from master plan elements. The Zoning and Land Development
Review Department Director may exempt a petition from certain required
elements for the PUD master plan pumas t tO sep -tieR 10.0-2.12 of this identified
in the Administrative Code when the petition contains conditions; which
demonstrate that the element may be waived and will not have without a
detrimental effect on the health, safety and welfare of the community. All
exemptions shall be noted within the PUD submittal and provided to the Board of
County Commissioners.
4. Submittal of School Impact Analysis (SIA) application for residential projects.
The applicant shall submit a completed SIA application for the School District's
review for a determination of school capacity. Refer to LDC section 10.04.09 for
SIA requirements.
B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in
accordance with LDC section 10.02.0842 shall be submitted and processed as for a
rezoning amendment generally pursuant to LDC section 10.02.0842 and in accordance
with the following special procedures:
1. Pre = application meeting. sonferenne Prior to the submission of a formal
application for rezoning to PUD, the applicant shall confer with the Planning and
Zoning and' and Deyel. pFrient Review Department Director and other County
staff, agencies, and officials involved in the review and processing of such
applications and related materials. The applicant is further encouraged to submit
a tentative land use sketch plan for review at the pre - application meeting
^ARfQrenoe, and to obtain information on any projected plans or programs
relative to possible applicable Federal or State requirements or other matters that
may affect the proposed PUD. The +s pre - application meeting ^^tea should
address, but is not be limited to, the following s eh rria#er°
a. The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding
areas, traffic and access, drainage, sewer, water, and other utilities.
b. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to
be made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Findings and recommendations of this type shall be made only after
consultation with the County Attorney.
C. Conformity of the proposed PUD with the goals, objectives, policies, and
the Future Land Use Element of the Ggrowth Mmanagement Polan.
d. The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements,
restrictions on design, and buffering and screening requirements.
e. The adequacy of usable open space areas in existence and as
proposed to serve the development.
f. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and
private.
g. The ability of the subject property and of surrounding areas to
accommodate expansion.
h. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
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modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
2. Prehearing conference. Prehearing conferences may be held between the
applicant and /or Ns representatives and officials or representatives of the
county prior to advertisement of the hearing date. The purpose of sUG# the
prehearing conferences shall be to assist in bringing the application for rezoning
to PUD as close to conformity with the intent of the LDC
these or other applicable regulations, and /or to define specifically any justifiable
variations from the application of such regulations.
3. Staff review and recommendation. Based upon evaluation of the factors set forth
above, the County staff shall prepare a report containing their review findings;
and a recommendation of approval or denial.
4. Hearing before the Planning Commission. Public notice shall be given and a
public hearing held before the Planning Commission on the application for
rezoning to PUD. Both the notice and the hearing shall identify the application, by
name and application number, proposed PUD master plan of development, and
required statements as they may have been amended as a result of the
prehearing conference conducted pursuant to LDC section 10.02.13
6.2.49 -0212
5. Planning 4 Commission hearing and recommendation. The Planning Commission
shall make written findings at an advertised public hearing _as required in LDC
section 10.02.08 and as otherwise required in this section and shall recommend
to the Board of County Commissioners either approval of the PUD rezoning as
proposed; approval with conditions or modifications; or denial. In support of its
recommendation, the Planning Commission shall make findings as to the PUD
master plan's compliance with the following criteria in addition to the findings in
LDC section 10.02.08.
a. The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding
areas, traffic and access, drainage, sewer, water, and other utilities.
b. Adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments, or for amendments in those proposed,
particularly as they may relate to arrangements or provisions to be made
for the continuing operation and maintenance of such areas and facilities
that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with
the County Attorney.
C. Conformity of the proposed PUD with the goals, objectives, policies and
the Future Land Use Element of the Ggrowth Mn4anagement Pplan.
d. The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements,
restrictions on design, and buffering and screening requirements.
e. The adequacy of usable open space areas in existence and as
proposed to serve the development.
f. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and
private.
g. The ability of the subject property and of surrounding areas to
accommodate expansion.
h. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
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1 modifications are justified as meeting public purposes to a degree at least
2 equivalent to literal application of such regulations.
3 6. Action by Board of County Commissioners. Unless the application is withdrawn
4 by the applicant or deemed "closed" pursuant to LDC section 2.03.06 Af this
5 Cede, the Board of County Commissioners shall, upon receipt of the Planning
6 Commission's recommendation, advertise and hold a public hearing on the
7 application. The notice and hearing shall be on the PUD rezone application, PUD
8 master plan of development and PUD ordinance, as recommended by the
9 Planning Commission to the Board of County Commissioners. The Board of
10 County Commissioners shall either gFan aporove the proposed rezoning to PUD;
11 approve with conditions or modifications; or deny the application for PUD
12 rezoning.
13 C. Effect of planned unit development zoning. If approved by the Geuety Board of County
14 Commissioners, the PUD master plan for development, the PUD ordinance and all
15 other information and materials formally submitted with the petition shall be considered
16 and adopted as an amendment to the LDC Zeaiag Cede and shall become the
17 standards for development for the subject PUD. T,,;easefGFt;AThe development in the
18 area delineated as the PUD district on the official zoning atlas shall proceed only in
19 accordance with the adopted development regulations and the PUD master plan for
20 said PUD district, except that approval and adoption of a PUD ordinance or PUD master
21 plan does not aette authorize or vest the location, design, Capacity, or routing of traffic
22 for any access point depicted on, or described in, such ordinance or plan.
23 Before development of any type may proceed, all agreements, conditions of approval,
24 and contracts required, but not approved at the time of amending action, shall be
25 approved by appropriate officers or agencies of the County. Issuance of a final
26 development order within any tract or increment within the PUD shall first require
27 compliance with all sections of the Collier County subdivision regulations (Chapter 10 of
28 the LDC) and /or the site development plan regulations (LDC section 10. 02.03) as
29 appropriate.
30 D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or
31 "sunsetting" shall be the term used to describe a PUD which has, through a
32 determination made by the Planning and Zoning—SePAGesDepartment Director, not met
33 the time frames and development criteria outlined in this section of the LDC, Cede as
34 applicable. For all PUDs, the owner entity shall submit to the Planning and Zoning
35 Rewires Department Director a status report on the progress of development annually
36 from the date of the PUD approval by the Board of County Commissioners.
37 1. Criteria for sunsetting. The purpose of the report will be to evaluate whether or
38 not the project has commenced in earnest in accordance with the following
39 criteria:
40 4a. For residential portions of PUDs, physical development of infrastructure
41 improvements, including access roads, internal roads, sewer and water
42 utilities and any other related infrastructure, that supports a minimum of
43 15 percent of the designated residential area or areas of the PUD shall be
44 initiated by the fifth anniversary date of the PUD approval. An additional
45 15 percent of such infrastructure shall be completed every year thereafter
46 until PUD buildout; and
47 2b. For the nonresidential portions of PUDs and commercial and industrial
48 PUDs, physical development of a minimum of 15 percent of authorized
49 floor area when approved on the basis of a defined amount of floor
50 space shall be initiated by the fifth anniversary date of the PUD approval.
51 In the event that the floor area is not the defining intensity measure, then
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25 percent of the land area to include some representative portion of the
building space shall be constructed by the fifth anniversary date of the
PUD approval. The same amount of development shall be required
every year thereafter up to an amount representing 75 percent of
authorized buildable area and floor area. Thereafter the PUD shall be
exempt from these sunset provisions.
3c. For mixed use tracts or structures, physical development of
infrastructure improvements, including access roads, internal roads,
sewer and water utilities and any other related infrastructure that supports
a minimum of 15 percent of the designated mixed use tract or structure
shall be initiated by the fifth anniversary date of the PUD approval.
Physical development of a minimum of 15 percent of approved mixed
use floor area, and 15 percent of the approved residential units, shall be
initiated by the fifth anniversary date of the PUD approval. Components of
mixed use planned unit developments (MPUDs) that are non - residential
Sh.,tt nllhe Fey to the FequiFeF1FleRtG . vide a ., must comply with LDC
subsections 10.02.13 D.1_b.2.a: thFeugh b.
4d. If in the event of a moratorium, or other action of government that
prevents the approval of any final development order, the duration of the
suspension of the approval shall not be counted towards the 5 year
sunset period.
5e. Infrastructure improvements as required above shall be located on site
and shall constitute infrastructure that makes possible vertical
construction consistent with the permitted land uses. Acceleration lanes,
entry road access and the like do not count towards meeting the required
levels of infrastructure improvements as required above.
PUD sunsetting. Prior to or any time after the Planning and Zoning SeaA-.es
Department Director determines that a PUD has sunsetted, then the property
owner shall initiate one of the following:
a. Request a PUD extension;
b. Request a PUD amendment -; or
C. Request a rezone.
Board of County Commissioner's action on PUDs which have sunsetted. Upon
review and consideration of the appropriate application, or the status report
provided by the property owner and any supplemental information that may be
provided, the Board of County Commissioners shall elect one of the following:
a. To extend the current PUD approval for a maximum period of two years;
at the end of which time, the property owner shall again submit to the
procedure as defined herein, however no further development order
applications shall be processed by the County until the PUD is officially
extended.
b. Approve or deny an application for a PUD amendment. The existing PUD
shall remain in effect until subsequent action by the Board of County
Commissioners on the submitted amendment to the PUD, however no
further development order applications shall be processed by the county
until the PUD is officially amended.
C. Require the owner to submit an amended PUD. The existing PUD shall
remain in effect until subsequent action by the Board of County
Commissioners on the submitted amendment to the PUD, however no
further development order applications shall be processed by the
County until the PUD is officially amended.
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i. If the owner fails to submit an amended application to the PUD
within six months of the action of the Board of County
Commissioners to require such a submittal, or the board denies
the request to amend the PUD, then the Board of County
Commissioners may initiate proceedings to rezone the
unimproved portions of the original PUD to an appropriate zoning
classification consistent with the future land use element of the
growth management plan.
PUD time limit extensions. Extensions of the time limits for a PUD may be
approved by the Board of County Commissioners. The Administrative Code shall
establish the submittal requirements for a PUD extension request. An approved
PUD may be extended as follows:
a. Maximum extension: There may be one PUD extension granted for a
maximum of 2twe years from the date of original sunset.
b. Approval of an extension shall be based on the following:
i. The PUD and the master plan is consistent with the current growth
management plan including, but not limited to, density, intensity
and concurrency requirements;
ii. The approved development has not become incompatible with
existing and proposed uses in the surrounding area as the result
of development approvals issued subsequent to the original
approval of the PUD zoning; and
iii. Approved development will not, by itself or in conjunction with
other development, place an unreasonable burden on essential
public facilities.
�. 'AR exteasiGR request shall ^^^s+st Of the e4c�1lGWiR9
the seURty� aad
III. n wr ttPn �+A +e.,,eRt de6GFmbwF;g h w the Gr+eFia rs +ell i. u bseiatio
met; and
Id. n foe paid in e.,+.. .,i +h the Rty fee , el +i
+.. ' nd el ., ms.
I, A +e the e+
dc. No more than one extension may be granted for any development
original approval date.
ed. Any PUD developer who has not commenced development pursuant to
the sunsetting provisions set forth in this section of the LDCSede within
10te1; years of the original PUD approval date shall submit a new
rezoning application.
Retention of existing PUD status.
a. Once a PUD has sunsetted the land shall retain its existing PUD zoning
status, however applications for additional development orders shall not
be processed until 1eRe of the following occurs:
i. a. The Board of County Commissioners approves a request
for extension of PUD zoning status.
ii. d -The Board of County Commissioners approves an
amendment to the existing PUD.
b. Should the Planning and Zoning Sew+ees Department Director determine
that development has commenced in earnest, then the land shall retain
its existing PUD approval and shall not be subject to additional review
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and consideration of new development standards or use modification
pursuant to the provisions for time limits for approved PUDs.
C. In the case of developments of regional impact, PUD time limit
restrictions shall be superseded by the phasing plan and /or time limits
contained within the application for development approval and approved
as part of a development order in conformance with F.S. § 380.06.
Exemptions from sunsetting. Any educational plants or facilities or public service
facilities including police, fire and EMS facilities that were identified in an
approved PUD zoning district or PUD master plan and which are consistent with
the approved development regulations shall retain development rights,
although a planned unit development may have sunsetted, as provided for this
section. A development order for such facilities shall be issued in accordance
with a site development plan approval, without the requirement to amend or
extend the original planned unit development.
PUD buildout. For PUDs approved on or after January 3, 2007 the land owner
shall:
a. For all PUDs the build out year as submitted and approved with the
application's Traffic Impact Statement (TIS) shall serve as the reference
year for the approved density and intensity. Two years after the build out
year as defined on the approved TIS submitted with the application and
on the anniversary date of the adopted PUD any remaining density or
intensity that has not been approved by the appropriate site
development plan or plat and received a certificate of public adequacy
(COA) shall be considered expired and void of any remaining
development rights. In the event that action or in- action by the County or
any regulatory agency or legal action prevents the approval of a
development order, the duration of the suspension of the approval shall
not be counted towards the expiration provision above, contingent that
the applicant has been diligently pursuing a local development order or
permit through any of the required regulatory agencies. The County
Manager or designee must be notified in writing of the circumstances of
the delay with the appropriate documentation.
b. For all PUDs the build out year as submitted and approved with the
application's Traffic Impact Statement (TIS) shall serve as the reference
year for the approved density and intensity. On the build out year as
defined on the approved TIS submitted with the application and on the
anniversary date of the adopted PUD any remaining density and intensity
shall be considered expired if all of the lands within the PUD boundary
have received approval through site development plans or plats and
received a certificate of public adequacy (COA). For non - residential
portions of a PUD, section (a) above allows for twe 2 additional years to
amend the site development plan(s) in order to apply for development
orders for any remaining intensity within non - residential sections of the
PUD.
Local Economic Emergency Ordinance.
a. Short title and recitals. This Ordinance shall be known as the Collier
County Local Economic Emergency Ordinance, and the above findings
and recitals are hereby adopted by reference into this Ordinance.
b. Declaration of Local Economic Emergency. The SoA+eFCount Board of
County Commissioners, convened in regular session, hereby declares
and ordains that a local economic emergency exists within Collier County,
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Florida, requiring immediate measures to address the emergency before
irreversible harm is done to the economic well being of the citizens of the
County. This Ordinance is adopted after public hearing pursuant to, and
in accordance with, F.S. § 125.66(2).
C. Tolling of Land Development Code Section 10.02.13.D. LDC sSection
10.02.13.D of the Collier County Land Development Code provides for
Planned Unit Development time limit and time limit extension
requirements. These time limit and time limit extension requirements are
hereby tolled to May 12, 2014 for Planned Unit Developments which
have not sunsetted prior to the effective date of this Ordinance [2009 -22].
Prior to May 12, 2014, the Board of County Commissioners will determine
if the declaration of Local Economic Emergency should be ended.
Changes and amendments. There are three types of changes to a PUD master plan:
Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD
document shall require the same procedure as for amending the official zoning atlas,
except for the removal of a commitment for payment towards affordable housing which
is considered to be a minor change as described in LDC Ssection 10.02.13 E.3.c.
1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance
shall require the review and recommendation of the Planning Commission and
approval by the Board of County Commissioners as a PUD amendment prior to
implementation. Applicants shall be required to submit and process a new
application complete with pertinent supporting data, as set forth in the
Administrative Code. For the purpose of this section,
a substantial change shall include any of the following:
where
a. Tea A proposed change in the boundary of the PUD; el:
b. Ta-A proposed increase in the total number of dwelling units or
intensity of land use or height of buildings within the development;
C. Tea A proposed decrease in preservation, conservation, recreation
or open space areas within the development not to exceed 5 percent of
the total acreage previously designated as such, or 5 acres in area;
d. There A A proposed increase in the size of areas used for
nonresidential uses, to include institutional, commercial and industrial
land uses (excluding preservation, conservation or open spaces), or a
proposed relocation of nonresidential land uses;
e. T-hprp ms A A substantial increase in the impacts of the development
which may include, but are not limited to, increases in traffic generation;
changes in traffic circulation; or impacts on other public facilities;
f. T44e A change that will result in land use activities that generate a higher
level of vehicular traffic based upon the Trip Generation Manual published
by the Institute of Transportation Engineers;
g. T4e-A change that will result in a requirement for increased stormwater
retention, or will otherwise increase stormwater discharges;
h. The A change that will bring about a relationship to an abutting land use
that would be incompatible with an adjacent land use;
i. Any modification to the PUD master plan or PUD document or
amendment to a PUD ordinance which is inconsistent with the F #uture
Lland Ut4se Eelement or other element of the Ggrowth M1:Tanagement
Pplan or which modification would increase the density or intensity of the
permitted land uses;
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j. The proposed change is to a PUD district designated as a development
of regional impact (DRI) and approved pursuant to F.S. § 380.06, where
such change requires a determination and public hearing by Collier
County pursuant to F.S. § 380.06(19). Any change that meets the
criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI /PUD master
plan that clearly do not create a substantial deviation shall be reviewed
and approved by Collier County under this LDC section 10.02.13-ef-this
Cede,. or
k. Any modification in the PUD master plan or PUD document or
amendment to a PUD ordinance which impact(s) any consideration
deemed to be a substantial modification as described under this LDC
section 10.02.13.
Insubstantial change determination. An insubstantial change includes any
change that is not considered a substantial or minor change. An insubstantial
changefs3 -to an approved PUD Ordinance shall be based upon an evaluation of
LDC subsection 10.02.13 E.1 and shall require the review and approval of the
Planning Commission. The Planning Commission approval shall be based on the
findings and criteria used for the original applications and be as an action taken
at a regularly scheduled meeting.
a. The applicant shall provide the Planning and Zoning SepAees
Department Director documentation which adequately describes the
proposed changes as described in the Administrative Code. aleagwit#
The RUD mastel: plaR map shall shew all data normally required fe
submittal of a DI D master pMp i IRIGGS nthpPyisp dr,tnrmipnd pet to
he p i rdocnrihinn the p sed ehapaes ip, land e� .-eRSitieS�
building square footage Proposed fbF nonFesidential develepMeRtj
detailed written n ratiye deserihipn all of the ehapee(s) and the r
fer the r es4 1 Men r ipt of the ended DI D master plan the
PIannipn CeNiees Department Direnter shall Feview said plan a pst
er'ter'a esMhlished Within sentinn 10.02. 47 C 4 ahn„e and may feFward
approved by the he f Mang are considered minor changes, and may be
Minor changes. The following
pp y County Manager or designee under the procedures established
in the Administrative Code. this tznt6Pn
Minor changes of the type described above shall nevertheless be
reviewed by appropriate staff to ensure that said changes are otherwise
in compliance with all county ordinances and regulations prior to the
Planning and Zoning Seafises Department Director's consideration for
approval.
C. Affordable housing commitments. Beginning October 3, 2012 the County
Manager or designee shall be authorized to make minor text changes to
remove affordable housing commitments to pay an affordable housing
contribution in PUDs, Development Agreements, and Settlement
Agreements if the following conditions are met:
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Fomment [ELS5031: PUD Insubstantial
change submittal requirements. Moved to
�Admin Code
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and
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1 i. The applicant notices property owners in writing in accordance
2 with LDC section 10.03.06 T. 6eGti9RS 10.03.05 9. 19 GF 10.03.05-
3 R 11 as „ he applicable
4 ii. If no written objection is received, the request to remove
5 commitments is deemed approved.
6 iii. If a property owner who receives notice submits a written
7 objection within 30 days of mailing of the notice, the matter shall
8 be scheduled for public hearing before the Board of County
9 Commissioners. Public notice shall comply with LDC sections
10 10.03.05 and 10.03.06. .
11 F. PUD Monitoring Report requirements. In order to ensure and verify that approved project
12 densities or intensities of land use will not be exceeded and that development
13 commitments will be fulfilled and are consistent with the development's approved
14 transportation impact study, annual monitoring reports must be submitted by the
15 owner(s) of a PUD to the County Manager or designee.
16 1.
17 affidavit a nuted by the p eFty n eF(6) attentina that the 'pfnrma+iep
18 Gntu 4 i thi + ftall t d n
in on is Gn� ropy r�N� nh aGu u � `err er aR w nl + These
�
19 r GFt6 n e to he s - brAMedi a ally r hefere eanh n of the date
20 The report shall be submitted annually, on or before the
21 anniversary date of approval by the Board until the PUD is completely
22 constructed and all commitments in the PUD document/master plan are met
23 (built out).
24 a. A tract or parcel of a PUD that has completed construction within that
25 tract may be considered built -out and is not responsible for annual
26 monitoring reports, as long as all PUD commitments within that tract are
27 complete. This built -out status does not exempt the tract owner(s) from
28 commitments applicable to the entire PUD.
29 2. The Administrative Code shall establish the submittal requirements for a PUD
30 Annual Monitoring Report.
31 iRfOr matieli
32 Inlame of prejen+
34 A. P11lFRhAF Gf W„46, by Fesideatial type; 6quaFe font. na . e
35 rnnrnn +inn fnnil; +inn n ial and ether perm i++ed usesi ipfran +p nt r
36
37
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39 Of the MOROWFORg Feport.
40 d. Up to rate DI D moister plan nhewiRg infraotru into iris
41 ,
42 RGluding OR site oF off site GemmitmeRtS.
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46 and t ur eRto in the DMA peak 2 hewsi n opt that the n W(&
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49 GORduGt the r red traffin n ,pt(s) as raef,pe,+ ,n ner+ified
50 ent'mate of of inh eeotc S inh fi Rds r ied must be 61619--d- by the (`n rnty
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o 5]
mment [e1s50: F 2 a l
i. reocated to the
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i
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1
3 f, Gepies of all required m n' +pr'n Vphc nem I°ted in pact year /i
4 +raffle tellfielrl °tp
5 9. Up to date PUD dGG6lFn8Plt VAiGh iRdudes all approved ameRdMeRts as
6 of the date of them n'ter'p peh
7
8 dial f +h °p tabl' hed
Qrn S- n�T.cr�ti°aca»rrSrrv4.
9 I. OtheF ., f.... at:n.. as Fn ay be q 'red by (`n -nty Ma per E)F his
10 de6igRee-
11 3. Monitoring reports must be submitted in affidavit form approved by Collier County
12 to be executed by the owner(s) of the PUD.
13 4. County will be given at least 6 month's prior written notice to a change in
14 ownership, to a community association, including but not limited to transfer of all
15 or part of the development to a Home Owners Association, Property Owners
16 Association, Master Association, or similar entity. Change in ownership of
17 portions of a PUD development shall not absolve the original owner of the
18 requirement to file an annual monitoring report. Transferring responsibility for
19 filing the annual monitoring report to an entity other than the original owner may
20 be demonstrated in the form of an executed agreement between the original
21 owner and the new entity which when filed with the Planning and Zoning
22 Sew+se6 Department Director shall automatically transfer responsibility for filing
23 that annual monitoring report.
24 5. A release of a PUD commitment determined to be no longer necessary shall be
25 brought as an agenda item to the Board of County Commissioners for their
26 approval.
27 6. The PUD owner(s) "the Developer, Home Owners Association, Master
28 Association or similar entity" may petition the Board of County Commissioners to
29 relinquish the development rights to any un -built units and declare themselves
30 "built -out" in order to satisfy all reporting requirements. The applicant shall be
31 responsible for any documentation required to verify the status of the PUD when
32 requesting a waiver or a determination of "built -out" status. _ _ - Comment [C506]: Previously in LDC section
33 67. Traffic Count Monitoring requirements. A onetime payment for permanent traffic 10.02.07C.t.b— COAlanguage
34 count stations shall be due at the time of the first PUD Annual Monitoring Report
35 following the first certificate of occupancy within the PUD. The payment shall be
36 based upon the number of ingress and /or egress points (Access Points) based
37 upon the conceptual Master Plan within the PUD Ordinance. Each Access Point
38 shall require a payment of $500.00. If additional Access Points are granted at
39 any time, an additional payment of $500 per Access Point will be payable with
40 the following PUD Annual Monitoring Report. The Traffic Count monitoring
41 requirement shall be considered fulfilled for all PUDs that have already provided
42 at least one traffic count or payment in lieu of traffic counts. PUDs that have
43 traffic count monitoring language tied to specific commitments within their
44 ordinances shall remain in effect.
45 G. Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00
46 H. Interpretations of PUD documents. The Planning Services Department Director shall be
47 authorized to interpret the PUD document and PUD master plan.
48 I. Applicability. All applications for either a PUD rezoning or an amendment to an existing
49 PUD document or PUD master plan submitted after January 8, 2003, shall comply with
50 the amended procedures set forth in section 2.02.12 of this Code. All PUDs existing and
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1 future, shall comply with the sunset provisions established pursuant to section 2.02.12
2 D. of this Code.
3 1. All applications for a PUD rezoning or an amendment to an existing PUD
4 document or PUD master plan whether submitted before or after [the effective
5 date of this ordinance], shall comply with the processing time procedures set
6 forth in this section of the Code.
7 J. Planned unit development districts application processing. An application for a planned
8 development rezoning, amendment or change will be considered "open" when the
9 determination of "sufficiency" has been made and the application is assigned a petition
10 processing number. An application for a planned development rezoning, amendment or
11 change will be considered "closed" when the petitioner withdraws the subject application
12 through written notice or ceases to supply necessary information to continue processing
13 or otherwise actively pursue the rezoning, for a period of 6 months. An application
14 deemed "closed" will not receive further processing and an application "closed" through
15 inactivity shall be deemed withdrawn. The County Manager or his designee will notify
16 applicant of closure, however, failure to notify by the County shall not eliminate the
17 "closed" status of a petition. An application deemed "closed" may be re- opened by
18 submitting a new application, repayment of all application fees and granting of a
19 determination of "sufficiency ". Further review of the project will be subject to the then
20 current LDC6ede.
21 K. Dedication of the public facilities and development of prescribed amenities.
22 1. The Board of County Commissioners may, as a condition of approval and
23 adoption of a PUD rezoning and in accordance with the approved master plan of
24 development, require that suitable areas for streets, public rights -of -way,
25 schools, parks, and other public facilities be set aside, improved, and /or
26 dedicated for public use. Where impact fees are levied for 1 or more required
27 public facilities, the market value of the land set aside for the public purpose may
28 be credited towards such impact fees to the extent authorized by the County's
29 Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated
30 amount no greater than the market value of the set aside land prior to the
31 rezoning action, as determined by an accredited appraiser from a list approved
32 by Collier County. Said appraisal shall be submitted to the County Attorney's
33 Office and the real property office within 90 days of the date of approval of the
34 rezone, or as otherwise extended in writing by the County Manager or his
35 designee, so as to establish the amount of any impact fee credits resulting from
36 said dedication. Failure to provide said appraisal within this time frame shall
37 automatically authorize the county to determine the market value of the set aside
38 property. Impact fee credits shall only be effective after recordation of the
39 document conveying the dedicated property to Collier County. Where the term
40 Collier County is used in this section, it shall be construed to include the Collier
41 County Water and Sewer District or other agency or dependent district of Collier
42 County Government.
43 2. Land set aside and /or to be improved as committed in the PUD document, or
44 master plan, as the case may be, shall be deeded or dedicated to Collier County
45 within 90 days of receipt of notification by the county that the property is needed
46 for certain pending public improvements or as otherwise approved by the Board
47 of County Commissioners during the PUD rezoning approval process. In any
48 case, however, the county shall take title to the set aside property, at the latest,
49 by a date certain established during, and conditioned on, the approval of the
50 PUD zoning. At no cost to the County, the land set aside and /or to be improved
51 shall be made free and clear of all liens, encumbrances and improvements,
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except as otherwise approved by the Board. Failure to convey the deed or
complete the dedication within the appropriate time frame noted above may
result in a recommendation to the Board for consideration of rezoning the subject
parcel from its current PUD zoning district to an appropriate zoning district and
may result in a violation of the LDC this Cede pursuant to LDC subsection
8.08.00 B.
3. Should said dedication of land also include agreed upon improvements, said
improvements shall be completed and accepted by the Collier County Board of
Commissioners at the development phase which has infrastructure
improvements available to the parcel 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 subject to the following:
1. The PUD shall provide for and establish an organization for the ownership and
maintenance of any common open space and /or common facilities, and such
organization shall not be dissolved nor shall it dispose of any common open
space or common facilities, by sale or otherwise, except to an organization
conceived and established to own and maintain the common open space or
common facilities. However, the conditions of transfer shall conform to the
adopted PUD master plan.
2. In the event that the organization established to own and maintain common
open space or common facilities, or any successor organization, shall at any
time after the establishment of the PUD fail to meet conditions in accordance with
the adopted PUD master plan of development, the Planning and Zoning
Dever,,.,. ent SeWiGes Director may serve written notice upon such organization
and /or the owners or residents of the planned unit development and hold a
public hearing. If deficiencies of maintenance are not corrected within 30 days
after such notice and hearing, the Planning and Zoning
Director shall call upon any public or private agency to maintain the common
open space for a period of 1 year. When the Planning and Zoning developmeat
see dDirector determines that the subject organization is not prepared or
able to maintain the common open space or common facilities, such public or
private agency shall continue maintenance for yearly periods.
3. The cost of such maintenance by such agency shall be assessed proportionally
against the properties within the PUD that have a right of enjoyment of the
common open space or common facilities and shall become a lien on said
properties.
# # # # # # # # # # # # #
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Administrative Code Reference
Admin Code
-Chapter/Section:
Ch. 3 D. (1)
Admin Title:
MUP- Public Hearing for use of Bonus Density Pool and /or other Deviations
LDC Notice
Section
10.03.06 N.
LDC Section:
4.02.16 C.8 and 10.02.15
LDC Notes:
4.02.16 C.8- No amendments
19.02.15A.2.-h. Submittal re s moved to the Admin Code.
Admin Code
Notes:
And
Admin Code
-Chapter/Section:
Ch. 3 D. (2)
Admin Title:
MUP- Administrative Approval
LDC Notice
Section
LDC Section:
10. 02.15 A.1
LDC Notes:
1 ^ 02 15 ^ ' h Submittal re s moved to the Admin Code.
Admin Code
Notes:
10.02.15 Requirements for Mixed Use Projects P GG es-within the Bayshore Gateway
Triangle Redevelopment Area
A. Mixed Use Project Approval Types.
Owners of property located in the Bayshore Gateway Triangle Redevelopment Area
designated as Neighborhood Commercial (BMUD -NC), Waterfront (BMUD -W), and
Mixed Use (GTMUD -MXD) Subdistricts may submit an application for a Mixed Use
Project (MUP). The MUP shall allow for a mixture of residential and commercial uses,
as permitted under the Table of Uses for the appropriate subdistrict. Applications for a
MUP may be approved administratively or through a public hearing process as
described in this section. A pre - application meeting is required for all MUP applications.
1. Administrative Approval:
a. MUPs may be approved administratively provided they meet the following
conditions:
i. The MUP complies with all site development standards as
outlined in section 4.02.16 of the LDC;
ii. The MUP only includes permitted uses as outlined by the Table of
Uses for the subdistrict in which it is located; and
iii. The MUP does not seek additional density through the Bonus
Density Pool provisions of LDC section 10.02.15 C.
b. The Administrative Code shall establish the submittal requirements for
MUP administrative approval. Submittal Requirements, The application
shall follow the applicable submittal requirements and procedures for site
development plan submittal and review.
2. MUPs Requiring Public Hearing:
a. MUPs that do not meet the thresholds for administrative approval may be
approved by the Board of Zoning Appeals (BZA) through a public hearing
process.
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eigGated to the Bold text indicates a defined term
b. The Administrative Code shall establish the submittal requirements for
MUP requiring a public hearing for approval
The application shall follow the applicable submittal requirements and
procedures set forth in LDC section 10.08.00, for conditional use
submittal and review. ?fie ppliGatio„ shall be aGGernpanied - -tea
n„+..,g all ested ,+,,,vibe, . In addition to the conditional use
findings as set forth in LDC section 10.08.00 D., the following shall be
considered:
i. Whether or not the requested use or uses are consistent with and
further the redevelopment goals and /or objectives of the Collier
County Community Redevelopment Agency (CRA) for the
subdistrict(s) in which it is located. In addition to the typical staff
analysis for land use petitions, the Collier County Planning
Commission (CCPC) may also be guided by written or verbal input
from CRA staff.
ii. Whether or not the proposed use or uses are appropriate in terms
of scale and /or size when considered in the context of the overall
MUP and subdistrict.
iii. Whether a requested deviation is (1) justified in that the subject
LDC provision is not practical, feasible, desirable, or warranted or
not practical, feasible, desirable, or (2) warranted to the same
degree as prescribed by the subject LDC provision, in the context
of the proposed mixed use project. The applicant shall provide an
analysis so the CCPC may consider the existing conditions related
to the need for the requested deviation or conversely, strict
adherence to the subject LDC provision, in terms feasibility and /or
need.
iv. Whether or not the deviation will or may have a negative impact
on public health, safety, and welfare.
C. There shall be a public hearing before the BZA legally noticed and
advertised pursuant to LDC section 10.03.069&:6.
d. After a Mixed Use Project has been approved by the BZA, the applicant
shall submit a site development plan (SDP) consistent with the
conceptual site plan approved by the BZA and meeting the requirements
of section 10.02.03 13.1. of the LDC. The SDP may be submitted
concurrent with the MUP application at the applicant's risk.
e. MUP approval shall expire and any residential density bonus units shall
be null and void and returned to the bonus density pool if any of the
following occur:
i. The SDP is not submitted and deemed sufficient for review within
one year and approved within two years of MUP approval.
ii. The SDP under review is deemed withdrawn and cancelled,
pursuant to LDC section 10.02.03.6.4.a.
iii. The SDP is considered no longer valid, pursuant to LDC section
10.02.03.B.4.b. and c.
f. An approved MUP may be amended subject to the same procedures
provided in this section.
MUP Deviations.
1. Authority. The County Manager or designee may grant administrative deviations
for proposed developments requesting, or which have obtained, MUP approval
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through a public hearing process. Deviations to the following land development
standards may be granted, providing such deviation requests demonstrate
compliance with the applicable criteria.
List of Development Standards Eligible for Administrative Deviation Requests.
MUPs shall be eligible to seek an administrative deviation from the following LDC
provisions:
a. Front Setback.
i. These deviation requests shall be subject to the process and
procedures of LDC sections 5.05.08. F. 1. — 2- and the submittal
comment [ELS5o7] F3 identified the
requirements established in the Administrative Code- Dev+a ie s
S�bm ttal naqu cements and was moved to the
- ,
except that in order to be eligible for �
_ Administrative Code -- -
an administrative deviation the site shall meet at least one of the
Comment [C508]: Amended section and
following conditions or circumstances:
removed "Deviations and Alternative
Compliance." 080613
a) If constructed where otherwise required, the building(s) or
—J
structure(s) would conflict with regulatory standards for
existing public utilities or encroach into an associated
public utility easement, which cannot reasonably be
relocated or vacated based on physical or legal
restrictions, as applicable.
b) The property has a unique or challenging parcel shape or
boundary, such as a narrow lot frontage on the public
street.
ii. In order to administratively approve a front setback deviation, the
proposed design shall create a connective and walkable
environment by demonstrating a comparable relationship between
proposed alternative building(s) location(s) and their associated
pedestrian and vehicular pathways, and associated parking
facilities and transit alternatives.
b. Architectural and Site Design Standards. These deviation requests shall
be subject to the process and procedures of LDC sections 5.05.08. F. 1. —
2 and 5 the submittal _
corttment [ELS509]: see above
_and_
requirements established in the Administrative Code.
C. Landscape and Buffer Requirements. The alternative plans requesting
approval for deviation from landscaping and buffer requirements shall be
subject to the process and procedures of LDC section X5.05.08. F. 1. — 3 2 _
- {Comment [ELS510]: see above
and the submittal requirements established in the Administrative Code.
Further, the applicant aad must
additionally provide a minimum of 110 percent of the open space
requirement for mixed use projects in addition to other conditions that the
County Manager or designee deems necessary.
d. Parking Standards. These deviation requests shall be subject to the
process and procedures of LDC section 4.05.04. F.2.
In order to provide for maximum flexibility, an applicant may request a deviation
in addition to the administrative deviations specifically identified in LDC section
10.02.15 13.2 as part of a MUP Public Hearing process. Requests to deviate from
LDC provisions where compliance is not practical, feasible, desirable, or
warranted in a mixed use project shall include a written justification for any such
deviation. The review of these deviations shall be guided by the following
considerations:
a. Whether a requested deviation is (1) justified in that the subject LDC
provision is either not practical, feasible, desirable, or warranted or not
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practical, feasible, desirable, or (2) warranted to the same degree as
prescribed by the subject LDC provision, in the context of the proposed
mixed use project. The application shall provide an analysis of existing
conditions and the impact of either the requested deviation or strict
adherence to the subject LDC provision, in terms feasibility and /or need.
b. Whether or not the deviation will or may have a negative impact on public
health, safety, and welfare.
4. Effect of Denial. Staff denial of any such requested deviation may be appealed
under the provisions of section 250 -58 of the Collier County Code of Laws and
Ordinances.
C. Bonus Density Pool Allocation
Under the Collier County Future Land Use Element, bonus density units are available
for reallocation within the Bayshore /Gateway Triangle Redevelopment Overlay. The
County Manager or designee will track the Bonus Density Pool balance as the units are
used. These bonus density units may be allocated between the BMUD and GTMUD
overlays, and shall only be allocated through a public hearing approval process.
To qualify for up to 12 dwelling units per acre, projects shall comply with the following
criteria. This density of up to 12 dwelling units per acre is only applicable until the
bonus density pool has been depleted.
1. The project shall be within the Neighborhood Commercial (BMUD -NC),
Waterfront (BMUC -W), or Commercial Mixed Use (GTMUD -MXD) Subdistricts,
and shall be a mixed use project.
2. Base density shall be as per the underlying zoning district. The maximum
density of 12 units per acre shall be calculated based upon total project acreage.
The bonus density allocation is calculated by deducting the base density of the
underlying zoning classification from the 12 unit maximum being sought. The
difference in units per acre determines the bonus density allocation requested
for the project.
3. For proposed projects, only the Affordable Housing Density Bonus, as provided
in the Density Rating System, is allowed in addition to the eligible bonus density
units provided herein as the entire BMUD is within the Coastal High Hazard Area
(CHHA).
4. The project shall comply with the standards for mixed use development set forth
in LDC section 4.02.16 C.B.
5. For projects that do not comply with the requirements for this density increase,
their density is limited to that allowed by the Density Rating System and
applicable FLUE Policies.
# # # # # # # # # # # # #
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Administrative Code/ LDC Amendment Overview`
Admin Code Section
Throughout Admin Code and Chapter 8
and Title:
LDC Notice Section:
N/A
LDC Changes:
10.03.05
• Rewrote entire section, identifies the basic requirements for
public notice.
• Relocated 10.03.05 public notice details to new 10.023.06
Revised:
6/6/13 CC
10.03.05 Required Methods of Providing Public Notice _ _ _ _ _ comment [cs>.i]: This section outlines the
Nea;;Rgsv ^ire °
the ,� ^G, the Planning Commission, the Deard of Zoning Appeals, The basics for public notice
EAG, and the HistoriG Preservation BeaFd
6 This section shall establish the required methods of providing public notice. Chapter 8 of the
7 Administrative Code shall establish the public notice procedures for land use petitions.
8
9 A. Neighborhood Information Meetings (NIM) shall be held prior to the first public hearing
10 and noticed as follows:
11 1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section
12 10.03.05 B.
13 2. Newspaper Advertisement prior to the NIM.
14 B. Mailed Notice.
15 1. Mailed Notice shall be sent to property owners in the notification area as follows:
16 a. For areas in the urban designated area of the future land use element of
17 the Growth Management Plan notices shall be sent to all property owners
18 within 500 feet of the property lines of the subject property.
19 b. For all other areas, notices shall be sent to all property owners within
20 1,000 feet of the property lines of the subject property.
21 C. Notices shall also be sent to property owners and condominium and civic
22 associations whose members are impacted by the proposed land use
23 changes and who have formally requested the county to be notified. A list
24 of such organizations must be provided and maintained by the county. but
25 the applicant must bear the responsibility of insuring that all parties are
26 notified.
27 2. For the purposes of this requirement, the names and addresses of property
28 owners shall be deemed those appearing on the latest tax rolls of Collier County.
29 Unless required by F.S. §125.66 (4), the mailed notice is a courtesy only and is
30 not iurisdictional. Accordingly, provided a good faith attempt for mailed notice is
31 made, failure to mail or to timely mail the notice or failure of an affected property
32 owner to receive mailed notice will not constitute a defect in notice or bar the
33 public lhearing as scheduled. - , comment [c912]: New language.
34 C. Newspaper Advertisement.
35 1. In accordance with F. S. X125.66.
36 D. Posting of Signage. Where required, signs shall be posted 15 days prior the first
37 advertised public hearing pursuant to the Administrative Code.
38
39
40
41
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"AnRIM t de or revised
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1 development regulations as defined iR P.S. § i63.3202, regardle66 of the perGeRtage of the t
2
3
4 6erefnissiener
5
6 nrdinanoe or of thorn No request for establishment n arneRdm!eRt of a
7 rode lat'on that affeots the use of land m he n s'dered by the Dlann'n
8
9
10 ROt"Ge ef the hearing in a newspaper of general GOFG611atieR OR the GE)unty, at le-is'
11 15 days in advance of the pubNG hearing.
12 2. The BeaFd of re In +n, remmiss+onefs shall hold at lleast 1 adveltised p-
13 hearings on the n sed ordmnanee n all l +'en The regular ena.+ +men+
14 PFOGedure fer sl oh ord'n e6 t'o shall be as folle. a. The Board of er
15 rnl �nty Gemmissioners at aRy n llar or al mee ting may an+ end or
16 the ordonaa,,RGe, of o li -loon Of ne +io of intent to same is giveR at least 10 days
17
18
19
20 CeFFIMiSS'GRers. The ROtiGe Gf PFOpesed enaiatmeRt Shall state the date, time apid
21 plane of the meeting, the +i+Ie of the n ed ordinanoe or ell +ien and the
22
23 Fna; beanspested by the pl b!'G. The ROt;ae shall also advise that interested
24 Yua. s rt .r
' may at the mee +'n and he heard with r at e to the n ed
25
.
26
27
28
29
30
31
or the of land to moll ids r onditinnal and
ZGRORg status
rezeneRg uses
32
33
34
35
36
37
38
39 pFev+s+ens
40 i. Apnl'oa
+'n s For a DI Irl extension and a onditional n extens'n
whether
41
42 the R9tiGe
and advieFfisiRg requirements set forth 'R seistioRs 10-0-2-0-5 86 10). and
43 11 n- f
this Gode
44 2. in the
°oD to seefiens 10.02.13 D.4., 10.02:
Gass of en e^s;e^sparsaant
45 n G a
and 10 02 1`2 D.6. of th's cede and onnd't'nnal ex+ens'o use
46 6hall be
pested at least 15 days prior to the date of the heaFiRg befeFe the B
47
.
48 a.
The sign advising of the PL JD extension n nod' +'n al use extension
49
.
50
DI IQI V` HEARING FOR A PLANNED UNIT DEVELOPMENT (DI D)
51
and/or CONDITIONAL USE EXTENSION
218
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r�l.��r� Cdr eas: rro :s�lr_rrszmr�nrrar.�rr_�er•r••
■.
4 b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM,
5 COLLIER COUNTY GOVERNMENT G ENTER, _.r O. TURNER
6 BUILDING, 3301 I=. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112.
8 arnendrneRtS, a 6igR must be pested at least 15 day6 prier to the date of both
•
1
HEARING 12 the f()"GW'Rg fermat:
O- SMALL SCALE Or OTHER SITE SPECIFIC
■ •, .,
DATE: 16 aMeRdment)
19 b. THE ABOVE TO RE HELD IN COMMISSIONERS ROOM,
1 COLLIER COUNTY GOVERNMENT CENTER, -.r, O, TURNER
21 -BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112.
23 15 days prieF te the date of the publiG hearing by the P!aRRbRg Commission. T-N
24 sign to be pested- r-sh-All substantially the f0IIGWiRg language and the sign
25 GGPY shall Wtikzee the tetal area E)f the Sign:
26 a. PUBLIC; HEARING TO REZONE THIS PROPERTY-
FROM •
TO
29 DATE:
I
32 b. HEARING REQ ■ 0. .
.. .-
• DATE'
38 G. ALL OF THE ABOVE TO BE 14ELD IN COMMISSIONERS MEETING
• ROOM, O.
40 TURNER BUILDING, 3304 I=. TAMIAMi TRAIL, NAPLES, FLORIDA,
41 34112.
42 La Per all pe+i +'n c the area
of the SigRS shall be as fellew&.
43 a. For p parties
less than 1 a in 6oze, the 6igR shall m At least l-
44 and y_ square
feet ip
45 b. Cnr n perFes
1 a oF mere in 6aze, the isip shall m at leant 32
46 square feet On
area
47 6. Cnr all pet' +inns On
rt
Gase of signs Innate n parties less +hop 1 a
ll he o
48 shall
ented by the GG In +y Manager nr his designee in fill y
49 of the pu blip anh
street cilia of the s uh'ent p arty 1Nhere the property far
50 wh'Gh approval as sought
is land'913ked or for some E)theF reason the signs ra
51 he pelted d'rently on the
s ubien+ p party then the 6igR er 6igns shall he area +e J
219
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and de or revised
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1 along the ReaFest street right of way, with an attaGhed RetatiOR indiGating
2
3
4
5
G propeFty has fFORtage. Where the subjed property '6 !andIGGked, or for some
7
8 SwgRG shall be erected along the ReaFest street right of way, with an attaGhed
S
10
11 street, heweveF, 'n the Ga6e of e)deMal boundaries aIGRg a street with greatef
12 4antages thaR 1,320 lineal: feet, G'gRS shall be plaGed equdstant ftom one
13 another w0th a . . qg Gf 1,000 "Real: feet, eXGept that OR no rase 6ha4
14
15
16
17
18 by the Planning GGFnMmGSmGR, whiGhever has jurisdiGtOGR. The S'gRS shall remain
19
20
21
22
23 8. For all petitien6 eXGept for small Wale 9F ether 6ite speG'f'G aFnendFneRts to the
24
25
26 QoFnrnssbn sh.A." hp spnt At least 15 days in advanGe of the heaFiRg by mail to
27
28 9. For all petMORs exisept for small Wale or ether site speG*fiG aFflendments to th
29
30
31 the GOURty at least 1 time at least 15 day6 PFOGF tG the publiG hearing. WheFe
32
33 develepmeRt standards, intensity or den64y in terms ef total floor area a
34
35
36
37
38
39
40
41
42
43 by mail to all owners of prepeFty MWR 500 feet ef the pFoperty "Res of the land
44 feF whiGh aR approval is sought; pmvWed, however, that where the Iand for whinh
45
48 the 500 foot dostanGe shall be Fnea6wed fFepn the beundarmes of the eRteFe
47
48 IGGated more than % mile (2,640 feet) ftem the 66ibjeO property. FeF the
49
50
51
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1 ! 1 . Felr:call petmt GnIS envept f49F small GGale or other MeS ie amendments to the
2 Gomprehensive plan fer su Meat n perties Inna+ed yiith'p of the future land
3 Li6e element of the n eyAh m en+ play that a pet designated urban all of
4
5 sent to all p perhi o within 1,000 linear feet of the s hient property. For the
6 purpeselS of this requirement, names and addresses of property evmeFS shall
7 be deemed those appeaFiRg Gn the latest tax relis of GA14er County and aRy other
9 12 Fer small shale apd other site c nifin 130mprehepsive plan a epdments the
10 RaRRORg GeMM0660GR (leGal planning agenGY) shall hold advertised pubN
11
12 FeqOremeRtS ef Ghapter 163, Florida Statutes,
13 13. For all petitiGRis eXGept fnr small shale or other site c nifin amendments to the
14 GEImprehensive plan net': of +he time and plane of the pu bl'n hearing by the
15
16 GiFIBUlation in the n ntv at least 1 time at least 15 days p or +n the p ublin
17 heafiag
18 14 The nleFk to the Board of GO rat y (`nm shall netify by mail eanh real
19
L0y.hnse addrpsc 4nnym by referenne to the latest ad yalnrern tax r ordc The
21
22 notine shall be giveR at least 15 days p er to the date se+ fn-.r the n ibl'n hearing
23
24 regular bUciness hog irs of the nleFk to the Beard of QG inty rnmmisofnpers
25 15. Fer small shale and other sites nifin GGMpreheRS've plan a endmepts the
26 Board of County Commissioners shall held advertised puhlin hearing /s\ nn the
27
28 .
29 1R . (` For all o +her pe+i+inps the Board of n Un +v GOFFI ..issieners shall held 1
�v
30 upGR
31 the n nnlU S'ep of the hearing immediately adopt the erdipapne n eli itinn
32 S. Bevels eat of Deginpal Imps DDl\ DrnEedu;es
33 1. Pu Fpose Thep of this ent'n s We se+ forth the r ep +s fnr +be
34 estab4lShment of DRIs, the amendmeRt Gf DR! development orders and the
35 abandnnmen+ of Dols
36 2. nlotine of Planning GOFFIMissinp uear'p
37
38 hearaRgS 6hali hp ;;q ;Pt forth IC) 02 OF; R 2
39 through —R. -9. of this; Go-de. The required 6*gR 6hall be in sub6tantially the
40 following g€nrmnat
41 DI IPI IC 1 ICADIAI(` RMI ICCTIAI!'_ f1C\ /CI ( P114F= IT OF DC('_IIIAIAI
42 111ADA(`T ADDDlI \ /AI /A �ACAIf11tACA1T 11C A 1lDl 1►C \ /CI (1D11ACAIT
43
44 T(1 PERMIT: /QUffinien +ly ale r to desnrihe then en+\
45 DATR
46 TIM €:
47 TO PC HELD IN THE ❑GG MEETING DOOM COLLIER ICD CO NTV
48 GOVERNMENT CENTER, HARMON TURNER BUILDING, DING 3301 C
49 TAMIAMI TRAIL, NAPLES, FLORIDA, 2411:2
221
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And Code OF FeVigpd
Bold text indicates "*efi"ed term
2
3
4
5
O
7 3. RaRniRg GOMFRiSS'GR Hearing. The RaRRORg Commissien shall hold 1 advertised
8
8 development GFder or abandORFnGRt ef DR! development order, as the Gase
10
11 4. NGtiGe of BGG Hearing.
12
13 be Set fer-th OR subsedion 10. 03. 05 B. 11. ef thos Cede-.
14
15
10 10.03.05 B. 10. of thes Gerip MALI 61 'b"3191344GR 380.06 (11), Florida Statutes,
17 as may be ameRded.
18
18
20
21 of the heaFiRg, the BGG may immediately adopt the Fesolutien appFOVORg the
22 establishment of the DR!, amendmeRt Of DR! development GFder, E)
23
24
25 380.06(g) threugh (12), 390.06 (19) and 380.06 (26), FieFida StatuteiS, a6 may-be
26
27
28 D. Note% and pub"G heaFiRg where proposed ameRdinent initiated by the Beard of County
29
30
31
32 ZGR*Rg Qrd'RaRGe (90 23) [Code Gh. 106, art. 11], iRitiated by the Beard of
33
34
35 and he Rts by the Planning Gornmissbn and the Beard of Geun�lf
36
37
38
39
40 least 15 days pF*or to the date of the publiG heaFing. Not'Ge of the time and pIaGe
41 ef the publiG heaFiRg by the Planning Gernmi6sien shall be sent at least 15 days
42
43 be rezoned by enaistment of the al:dinaRGe OF Feselutien, whose addFess is knevim
44
45
40
47
48 whese address ms kROWR by refereRGe to the latest ad va'OFem tax reGOFds. The
49
50
51 OR 6UGh erdiRaRGe or FeISGM09R. Sur-* netir.e shall be given at least 30 days pF . W
222
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2 '
3 shall 'Rclude major street Rames a6 a Fneans of identifiGation of the area.
4
5 the pFoposed eFdonanre or FesokltiGR. At lea6t 1 hearing shall be held after 5�.00
0 p.Fn. on a weekday, unless the Beard of County CommissioneFs, by a majerity
7 PIU6 1 vete, e!eGts tO Genduc-t that heaFiRg at anothel: time of day. The first p6i6G
8 heaFiRg shall be held at lealst 7 days after the day that the first adverti6emeRt
S published. The seGend heaF'ng 6hall be held at least 10 days afteF the fiF6
10
11 The Flaquired advertisements shall be ne less than 2 GlDlumnis wide by teR
12
13
14 shall not be plaGed OR that portion af the Rewspaper where legal RGtqGes and
15
16
17
10
19 . . v6paper that is published at least 5 days a week 61RIess the GRI
20 new6papeF in the GOMMURity is published less thaR 5 days a week. The
21
22 NOTICE OF (TYPE OF) CHANGE
23
24
25 A puibliG hearing OR the wdinanGe oF resolUtiOR will be held on (date and tim"
26
27
28
29
30
31
32 6. IR heu of publishiRg the advertisement set e6it *R thi6 paragraph, the Beard of
33
34
35 pG6ed GFd;RanGe or re6elutien and shall notify the peF60R of the
36
37 eseluteen.
30
39
4U
41
42
43
44
45
46 ether site spedfiG 1301`nprehensive plan amendment, and befeFe the Publi
47
48
as the BeaFd of Zoning Appeals-
49
50
51
224
/*mmm Code um2\C"nemWoom^mmistmove Code Loo Amendment oom1x for 000.o=x
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1
2
te be held to
the PlanniRg Gemmilssion adoption
amendment, pFier
3
hearing, II y be required if,
as determined M. staff, a c ubstan+ial
RI
4
5
6 b.
I a 11 A'ved I Ice Drnien+
the
onnlino+inn of+nr ;ni +ial staff re.., Mnd
...,.se of
-..
7
8
9 G.
nnl'n., +inns the
For ci
+e number of staff reyi_.._ of the
all her
annrnnrin
10
before the
NIM be held be at the disGretie
app!*Gat*GR returned
Gan YAII
11
12
re � pnnessa Kndering
the applicant from presen ting the
w e eGessarily
reviews s M
13
.
14 2. VV '++
F of the meeFn shell be
sent to all p perty o yAe a
15
16 10.0-3.05
-IA of
11. ritten
the mee +'nn shall be sent to all property
or R9tine
17 GWReF6
.yi +h'n 500 feet of the n perty
lipe of the land for which the n amend...en+
18 to
h+ The 5 nn f di,;tan
n shall he c-;,' from th-
6 6e u g
19
20 the future
Land element of the n o..Ah
m ent plan that a not
use
21 d Rated
urban the feregning Rot's
eats apply, a ept that ywitten
22 otificetion
m st be sent to all n perty
within 1,000 linear feet of the
owners
23 subject
n perk. Cllr the of
this Fequirement, the n and addresses
purposes
24 f property
n shall be deemed those
appeaF'Rg p the latest ta.( rolls E)
25
26
27 assodafioR6
be
umpaGted by the land use
wha6e members may
PFGPG6ed
28 GhaRges
and who have formally requested
the n my to he notified
29 a.
A Gs+ of sU rah
s+ he and m 'n+aiped by the
WgaRizat'ORS
provided
30
GGURty, but the
beaF the reispeRisibility inswing that all
appimrant must
of
31
32
above end the date time and
locaFn of the meeting, Est be furnished
33
te the GOURty Manager deisigRee
the of the Board of County
or
and OffiGe
34
Gerwn6sseoners no less than tep
days prior to the Scheduled date of the
35
36 b.
The applicant must make a
ents for the Iona +inn of the meeting
37
38
.yhe . Fequlred to . e
et'ce and the facilities must be of s ,ff a ent
39
fn nppnvmn nd�zcte + of —vP�ed
et+�nGe. The applinan+ Must f. irther
40
ca + display .advertisement
114 page, n type p alley than 12 p int
41
and I'Al "A Rot be plaGed in that
peFtien Of the Rew6papeF where legal
42
ROtiGeS and classified advertisements
appear, sta ting the p
43
Ioraat'nn twmp of the mee +inn and
legible site Iona +inn of the p pei4 y
map
44
for vyhich the zening change is
he'll ested The advertisement 's to
45
46
7 days pr'oF to, bUt Ret lateF than
5 days before, the neighborhooA
47
infnrmat'o meeting (AIIM) The
(collier GID inty staff planner assigned to
(ceeting
48
pa +inn m
a ttend then lic
or designee m ust alse at tend the
49
550
the meet's ; however the applicant
is elated to make a entat'e of
51
how it 'RteRds to develop the
subjeGt The applaGaRt is Feq64ed to
pFoperty.
225
hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
.e
p
Text underlined is new text to be added.
Neeated to the Adm
Bold text indicates a defined term
1
2 of to the County Manager or designee
3 G. As a result of mandated- meetings With the puhl•^ ^ i+ ents made
4 by the app"GaRt shall he rod6lCed te it:nn and made a pa.+ of the d
5 Af the rooeedinns provided t.^. the Zoning and Land Deyel + Review
6 department. These writ ten ^ m•#ments will he made a part of the staff
7
8 part of the conisideratiOR fGF ORGIusion an the GORdtilDRS of approval of any
9 appliGable development GFder.
10 d. In Gases where the pplioan +'s pe+if•on an +i „h., e,..+°nds beyond G .,
11 frern the date that the last Neighberhood InformatiOR Meeting (NIM) was
12
13 and advelticinn required for the initial mee +inn This r eat does pat
14 apply to Site s Gifio GGmprehensive plan a ondment
15
16 ide dG.d,., entMtian te- the re,..,,,..n,t: Plan-nn- +h^#
17 property
_t __G
a .e a Athin 150 feet-of th su h•eot s to have been Mdyisedd of +h
18 event
e
nnrl .. RatuFe of the yaF*aRGe r n o ..e m n +' rep
aFkinn peon u ester! ' +h' 30 d
19 eef receipt
of a letter indi^ ^+inn that the n lie., +'on OS SYf G;eRt
20 4. Where
it has been deteam.+aed that the—re t ^ ^+aiannipg
a- v- p"^ p eFy OWRe�r, U
21
22 to be 60
nn +ifierd +ton the a I' ^n n+ MUSt rn.i rle ::yr tten '+..^IGUmentat.^vr^r to the
23
24 °rgan1Latien
has also tee no +:Ford ^_..__.... n the event and nature of the
25 variance
p rl,;^ , er.ted n list of r ert, E..,,.., ti .,wnef
.r r-a ,.. ,� exemption °y,..,.,..,... . l,. Cd,.,� .,
26
27
28 the `oheduled
date of the fir:+ advertised n hl'o hearipo The apnl'oapt must
29 nrnvide
a m itten M.d.,.,..n+ of the Fein .lt Of Such Ret'Ge and shall submit any and aid
30
31
32
33 use district
eda.y. In , the a rpan+ re ^ +^ a re,yal
__star ,.. gk'nh Of a Mixed Use
34 inns lo)
. Due. the a.a ySiopS of mixed- d*- #r;�t. `. h^
_ �...... ,
prejeGt
a . ,..,° � �aa.y :^,! o, ::
,. ..... �... ..`. ..,..,..., ., .., ,
35
36
37
.
38 1. The Planning
GGFn n'ssiea shell he'd ^` TeariRg. Netine the
one advertised of
39 torn and
p'aGe E)f +he p uhl:G hod- by the Planning f`n . issie . shall S-e
40
41 least 15
days n r to the date of the pu hl'o hearing
42
43 the petition
to apprn „e .vod use r •eye+ for property le^ated '^ a mixed w6c
44 C{jc +rlo#
everlay. The yl'^ hearing shall be held at least 15 days after the day
45 that an
adveFt*6emeRt *6 published in a newspaper of general paid GmFGU!at*E)n4'R
46
47
48
49 a"ryheeFe
., ....,,.,,, „aura .,, ..,..,. initial ,.,.,.,.
aNah adviso.,y heard exists) after initial staff reyie.a and oar . ent GR the
50
51
226
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
C I
Text underlined is new text to be added.
.1 Adm revised
Bold text indicates a defined term
1 Feq64ed te FeGeiVe legal n0tif;Gaffnn from the Geunty PLAFSLIAnt to segt:nns
2
3
4 requiFed to make the presenta +'nn n th de ment n e velop pla n of the c beet
5 gaper ty.
6 4 The I' + hall further r i d
a display adye's n+ 1L page, n +vr
app
all tha 12 n 'nt� wh'ah shall net be placed 'n that ertien of the n e[
$ where legal nn +.w and Classified adyer+.o_..._n +s appear. The aril shall he
9
10 MeetiRg. The ad shall state the p mace Ionat'en and time of Meeting, and sh
11
12 appFGval IS ben requested.
13 5. The app! GaRt shall pest the subjeGt pFopeFty with aR GLAtdGGF S gR at least 10
14 days + the date of the n bl'e hearing before the Planning GammiSSIGR. Th
15
16 Gepy shall +'I'ze the total area of the
17 a. PUBLIC IC HEARING REQUESTING APPROVAL OF A MIXED USE
18 R R rI�TE (`T
19 T(1 PERIVAIT /Ala of Prn'oet\ (N umbel: of aoms\
20 DATE:
21 TIME:
22 ALL OF THE ABOVE T(1 RE HEI rl IN COMMISSIONERS MEETING
23 ROOM COLLIER IER (`(\1 NTV (_QVF=RNMEAJT DENTED HARAK -Al
24 TURNER _R1_111L_PIAI(` 1�r11 E TAMIAPAI TRAIT NAPLES, EI 34112
25 6. The area f the hall be as preyided 'n ee +r)n 10.03] 05 113.34 d of the Cede
26 7. Criteria fer Mixed Use Pre}est Appreval.
27 The fGlln__• g rife,•- runt. °+ he met •„ nrrinr +n gain nnr al fn. mixed _ nrnjer +s
28 develeped 'n aGGeFdaRGe with PrGViSiE)RS of a mixed usee evarlay-
29 a. AI less than 60 nerGen+ of A_II ` .rArA`. _ial Vv_ .l +h.n M mixed 6ise pro'eg+
30 shall n vide retail nffien and n ai SeFV Ge uses to s e the needs of
31 the b'eet n net ands nd'n residential n ghberheeds
32 -h. nln FR -Fe than 25 n eat of the s'dent'al n mixed use
33 PFGje + hall be GR gated r ad...a.ys Residential uses shall he nstr eted
34 eaRGuFFeRt with, r to the r ,
ns +r� ntiAn of nn.vmmerp'al s to uses
35 ae+ al dvelopment of a mixed USe PFGjeGt.
36 G. Mwed use pFejeGtS shall g eet +n legal streets, adjeiR Rg ReighberhoOdS
37 and adjacent de „elnpments regaFdIess of land e types A grid pattern
38 is usually the bas's for the trapspedat'g ehyerL 11 /hateyer the patterp of
39 the eh'p la etWGrL internal into pt'n s heft. And
40 o..+r, real n P P_ nt'A A s he twee ad'n i R 0 R g Re i g be rh ands R n lapel
41 shall ben „'ded fer pedestrian bin yele and n +her medes of alternate
42 #asp
43 d. Then ale eat of a mixed use pFejeGt may be Ineated
44 1p+ernal to then en+ e along the bey rldaFy� if externally Incafed internal
45 aGGess FGads and SeFVqGe aGGess shall ben yided s net +e p mr.te
46 s+r'n al development aIg ev +erpal ggneater and arterial
47 mss-
48 e. Parking IGto shall he d's ed thrn ghee h the p eo+ NO n arLipg In+
49 shall provide m e than 40 p en+ of the r red nffstreet parking
50 ParL'n garages shall haven estrie +inns n en +age r.f required
51
227
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Text underlined is new text to be added.
Bold text indicates a defined term
9 A 2
- Comment [C513]: Integrated in the 2012
Ba shore LDC amendment
13
Comment [C514]: This is being deleted
14 a !en^ ^r time mutually agreed UPOR
by the DL,nn'nn Ge +h
permanently. The first sentence is not
yy
15
16 appeRdMent with the Round of GGWRb,
rve S G e s within 45 days after +, the
necessary. The second sentence is referring to
LDC amendments and this time frame is
identified in the 10.02.09, the new LDC
17 ouh.,t'^ he@FiRg before the P!aRRiRg
Ge,,,,,,,,.Si n has beeR 1
amendment section
18
19 pFeseRted n r +o the oln of the pub! G heaF Rn nn +h I' ati The
- - -..__ ._. __ _.._ _.___ _. _.._ n__.._ .._.,... .� ....._ art.... _ . ........ .. ....,
20
21 heaF;Rg, to re nnn,d to GIRY GeRt8RtiE)RS resen ted by ^ teStimeRy GF othe ,
22 evirdeRGe Presented du,, e the hl e heaF'. _Rd to r` ,,.,a to the staff ,-+
23 after reGe pt of whi h the heaFiRg shall he `eRduded ^less the heaFiRg 06
24 ..ent,n..ed .^..Rd the ,matter referree d, .h..^.,e!: to staff for ^t' f h
25 ,. atte, s as the o!^,,,„ e ran direct-
26
27
28 GGURty Go , , SS rerd 'n 10 02 12 n shall sho... that the RaRRiRg
29 GGMMiSGiGR has studied aR d n s'Aered the pFepesed nhan.,e ' lat' to the - -.
30 fene,.dn.. .,ho nl'n-.hle.
31 1. Whether the pFeneserd nhnnne ,.,'ll he `o, silstont :.., +h the e ^I h' + ^rte
32 peiif_,es anal future 1^nrd use m and the elements of the r ,.hh „u, J Uri
... ,.,,,.. map a .. , ., ^y.,,..,,, , ,aye.,,."
33 plar1-
34 2. The existiRg 1and use pattef,T
35 8. The sihle r. e ^+io of e el +e d distr' t i inrP,1;#PA to aCganenf .,n, 7 . h
36 diStFintn.
37 4. VVhetheF existing rd.ctr.ot he... nr — ;tries R.re ;flee all dray.,n in , e! t .., , to existing
38 rnnrdi +ions An then ert y proposed for ohnnne
39 5. VVhetheF Gh° ged GF Gha giYg a Rd;tiGRS make the passage of the proposed
40 ameRdMeRt n
41
42 aeighberhoed.
43 7. Whether - the grE)pesea ^ha ^ye Will G, eate GF .,,..,,.ss vely iRGFe@Se traff;^
44
45
46
47
48 8. WhetheFthe pFepesed GhaRse W II e^ +e ^ ,dr^iRage prhleaa.
O Whether the nrono�ed n rd ^'r +o adj
c c c�ivpv c ante W seriedsljr- redaee �ig#t�- cm- c�crcraeeH[
50 areas.
228
I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Comment [C515]: Incorrect citation
Text underlined is new text to be added
Bold text indicates a defined term
1 1 Q. %ihether the PFePGSe'J G epee w ll�m�rdyerSely "ffor,+ p or+„ Values in n�'�°c
2 T
3 11 Whether the n eed ehanae w 11 be a deterrent to the 'm ent n
4 developmeRt of adjaleent PFOpeFty OR aGGGFdaRGe with exiStiRg regulatiens.
5
6 .
7 13 Whether there a substantial r why then ehv r not be 6 ed .n
g aGGGFdanGe with exist ng zoning,
9 Tit Whether the chap suggested io nU h of Seale with the Reeds of the
10
11 15. \Nhether it is impossible to find other adequate cites 'n the e my fnr the
12 PFGpesed use in d str atr. already n m tt'n nh
13 166 The phys'ea1 nharaeter'st'n of the n erty and the degree of site alterat'n
14
15 petential LAses nder the n ed ZGR;Rg GI@Ssifine +inn
16 17 The 'm aat of development OR the availability of adequate p ubGe fenfli +ins apd
17 sePViGeS GGRSisterlt with the levels of sepAGe adeptnd in the Collier (`n ntv
18
19 . 11], as aMeRd
20
21 (`emm's shell deem 'm GFtant 'n the proteat'n of the p hl'o health
22 safety, and welfare
23
24
25 #e11ew+Ng- ma FlRer�
26
27 and pu blln fan. n +ins apd s s have been p .Aded at n hl'n
28
29 2. Re +i +inntie l f cr a Yre -7e.np- At h t„ rrm �e S 21„ required e3HStHRg G„m Rity and pub!
30 fani6+ies ands s have heen n yided at the private expense of the
31 pet+tieReF; e�
32 3 Dnst a surety 'n 1'e of nompleted 'm en +s ten antee that all r.f the
33
34 4 CaelGfins fnr narks and wheels three eh land dedina +inn OF fee 'n 1'e of s ah
35 ded Gatien ee
36 .
37
38 ZGRiRg regulati9RS, the Diapp'pa Gemm hall a 'der and + dy
39 1 The veer! and L sfifieatien fnr the nhannn
40
41 the e infi.'s n eyAh m ept plan ,yith a iato e s'deratie as to
42 whether the p e,d ehanne w 1 f Fther the purpeses of these Z
43 FeguiatiGRs and other GGLIRty
44 plement then ,•
nhh m ent (plan
45
46
47
48
49
50
51
229
11Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
Text underlined is new text to be added
Bold text indicates a defined term
2 MaRagement nl-
230
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
9A2
Text underlined is new text to be added.
Bold text indicates a defined term
1
2 t.
3 b. Land dd t 'asirdie. -+ ri/ to be improved as gamm'ttedd as parr of the
5 90 days of - _ t f +'f' at' n by the unty that the _n _n_r+,. is needeA
6 f r+a' pendiRg bl' irripreveMeRtS n, as otherwise approved by the
7
8 any Gase, however, thG GOunty shall take title to the set aside property, at
9 the latest, by a date gerta'n establ "shed d and nnnri ±n 0n the
10
11 aside _..r1/-_ to be impFeved -hall he made free and plea of all I'e
12 e GLAmh, ^ `.,., andd pr ."., etc at the rte eloper sale expeRGe,
13 eXGept otherwise pprn iedd b.. the board. Ca;-Y e to deed the land- n
14 GG I + the rdedd;gat.on with the 90 day apprnpr'a +e tome frame noted
15 abeve may e ult n v , _._ MFRepddat:an to the hoard- of for nans:dderat_o.
16 of r `e.. g the ub'eat par r.l frem its __.. _nt g ddictrint to -
17
18 seeiea B o&BB
19 6. Ch Ir! the .J a' at' f la Rd aisa naI d-e a eel eats upen
20 said ...on +s shall he o , ple +erd dd dd an a__epte by GGINer GOURtsn
21 R a rJ f(`nmm's- .___-_- at the rdeyelnpmep + phase .e.h{nh has
22
23 said ' eats are to be madder at a n'f'ed time v;dJedd far
24 e; thin the ar,rn g the r
25
26
27 .
28 N Beard pt„ ,.rnmm' 'one: agt'ap en the Planning (`nmm' S'nn r
f !`a aggro._
29 UpeR se 'p+ of the Planning (`amm s report and r___.... _nddafn -- the
egnmme i nc
30
31 be giVeR pwsuaRt M the pro /s'nns of general la.ei The r po_'±c_aR{
32 FeG9MFReRdatiGRS of the staff and! the Planning GGMMiSSiGR n the a pl -sn±in
33 shall be eseptedd prier to the _Ince of than bl'n hea n n the appl"ra +inn Th4
34 appi GaRt shall have the right, pr'..r to the GInse of the p hl'a heaFiRg, tn_re
35 e 8 „R +....t..... p `^+odd by „ +es+ mV , n +ha _ , rla pr _enter!
i i�r- o rho .. ...� ."'.� ".� ... _ °_ r° �_-'
36 duriRg then blip heaFiRg.
37 2. I._ the --_-- -f all proposed ahangec n, _ ,,,`.ndMentc oh `han
38 . d- pt s sha11 pn+ he Yddep +edd exeept by the affirmative n +e _f 4 m_mhars .,f
39 .
40 Q. FAill Irp Af Reard Af C + (` to an+ If a Planning C.Gmmissien
41
42
43 repeFt a rd PeGeMmeRdatiGR is baser! shall he deemed to have been dden'edi prcmded
44
45
46 P. I 'm'ta t'p n the of n err„
47 11. GhRRge in the ` g n_IY c'f.oMt.n.. of pr perry shall be ..sidle edd Which
48 lRyelves Invc than nn non sn am feet of area ^nrd 200 feet r.f street frontage
t where the rnpnsal fer r n of property involves exteRSi9R of a
50 exiStiRg m'Ia artier ..4 rd'str'ot bn ndda Within the hrnaddeT land us
51
231
hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
Text StFilkethizeugh is =t�fot!,!e
Bold text indicates a defined term
1
r2 higher density OF iRtens' +y. I- eweyer the en+ of Inn feet of +Feet
3 frontage shall not apply to r not't'e s that n 'r♦ Stn perGeRt eF more
4 .
5 2. When a eer thee oo'ra of ro" +y (`nm mi c 6'e nerc has rye n'ed a I' at'n for the
API 11,� pp111 1 i1�JlO GI STIR
6 rezGRiRg of n er+., the Dln n GerRmissiGR shall no+ +h eft
7 a GGRSirder a y further n nl'ea +'on for the same rezeRiRg of aRy part ell f or
8 the sarne erty fnr a orl of 12 months from the date of s, rah +'n per
9 5. GA- .niriidi�= an appliGat •,.,vr. for aRy ether kind of FezeRiRg of aRy art a al of
10 the same eFty fer a e.d r.f 6 months frees. the date of c eh
11 3. €Xcept as e +hher ow se pry, ded Witgin seE +'ran n' 12 D. all z als f„r
12 erh'r-h a final development ardor has RGt beeR gF@Rted within the fifth F f year
13
14 for the n er+., should he oha Rged to a lower, e suitable olass'f et'
15 DUFiRg the f fth year after the date of the ZOR ng appreval by the Beard of Coupty
16 r`omm's R d duriRg every fifth year +hereafter, the Ge n+., MaRageF r h'
17 designee shall prepare r.rt nn the status of the r erd n er+y The
18 purpese ef the repert will be te evaluate what n oerl ral steps have been taken
19 to deyelen the Property J Rder ' +s a ent ZGRiRg olassaifii;aatieR.
20 Qheu id the Ge un +y _Manage r his des'r e deer e that development has
21 Fe„n„eFlGed then the lung! shall reta . jtS 8XOStiRg ZeRiRg "la....Sikat,GIR and shad,
22 not be c b eat to add' +'n al review and nlass"f'oa +'en ohanee
23 She Id the r'n Rty Manager er his des "e e de +ermilre that deyelepmen+ has no+
24 Ge,.,.,,eRGed then UpeR review nd e s'derat'n of the r Pert and a
25 supplemental 46IFFnatieR that may be provided, the Beard Of GOURty
26 ('emmissieners shall eles+ n of the folln..; n
27 a. To ev +epd the r en+ -ZGRiRg elass'f'ea +ien OR the property fnr a
L8 ed of 5 y at the end of whioh time, the n erty shall aga R he
29 evaluated u nder +hen oed as defined herein
t thee- an�nrn iate n�n+� staff ins �,gProre� for id
30 t3. Sires s� ��; °sT�se,Q
31 vj��,
r e rt., +'
Theo +'n olass'f'oa e of the property shall reFR@iR k4
N,
32 effeet URN c bsen en+ aot'en by the board en the n erty
33 In the ease of deyelepp,ents of r al n+ , time I'm'+ FeStFiGtieRS hall
34 vie, superseded by the phasing plan nd Gr time IIIMItS ata ed within +be
35
36 .
37
38 may, his
her the
at OF
39
ept eR, prepose a speeifiG use eF ranges ef uses permitted IJRdeF
40 SUGh
41
a be restrio+ed +e the a ed i of nn„ n ed
appIiG@tiGR shall
42 +inn to the
er raRge uses.
a ,ed i F@Rge of i shall i ibmit +al of a
addi
43 appI ioation for
44
GF require
the suhieo+ n erty
(Ng) abeve may be waived by 3 affirmative
45 of the Rnard of
Yet
GG (`nmmissinners ..,,hens ,eh ae +inn is deemed n y +e
in ictioe
46
Rty
r.r to fnr.ili +ate then r development of (`EAker CO
ppeveRt
47
Rty
48 FemaiR
iR fE)FGe fer 3 frem the date E)f approval has
valid alrd
49
years uriless GGRStFHc4OE)R
50
51
232
I:Wdmin Code 20121Current Work \Administrative Code LDC Amendment 091013 for BCC.docx
1
Comment [C516]: Relocated to LDC section
10.02.08- the rezoning section.
Text underlined is new text to be added.
T....1 : L.VL.... ..4. is .. i....� i pr
rpincated Bold text indicates a defined term
1 SPP, iS Gf RG fGFGe GF effept� he..,e.,er, 1 a., enetmept to the CrID may he a eet n .
2 i LJ the p+,-„ date, h:ph alln_.e the QrID as _.. et _Rde to r_ valid
fnr fir
3
4
5 haS GeMmenGed the approval teFFq will be deterMiRed by the PFOV'S'ORS Of Be
6 10.02.0
8
9
10
11
12 iRfepmatiGR b, reptIR otherwise apt'"ely pursue the r
13 aMeRdMeRt GF -ha e.n fn a per ne4 of F ME)Rths n.n pl:e•a+ipn deemed "eln_erl" Will not
'9A2
Comment [C517]: Deleted from this section.
Time frames for SDPs are located in LDC
section 10.02.03. 080613
14 FeGeive fulthn ^ __ - ^ net shall be .:theJFaWR. An pnl'nat'nn rin_ed" thrn nh
15
16
17 d" StatUS f a pe,t't'pp An pl'Ga+'np deemed "pinoed" Fn ay her epeRed-by
18
19
20 GUFFeRt Gede. _ _ - Comment [C518]: Relocated to LDC section
21 i n I* abPWt„ nli a-p-plirations , s fe,.- . ..hethe , hm:tted hefe,re Ar after 10.02.08 -the rezoning section.
22 L ne 26 2003 Shall p pl.e With the n time ned r Set forth in thin
23 .
24 # # # # # # # # # # # # #
25
233
I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
Text underlined is new text to be added.
a na r
Bold text indicates a defined term
A ,
' inistr tive Code/ LDC Amendment Overview
Admin Code Section
Throughout Admin Code and Chapter 8
and Title:
LDC Notice Section:
N/A
LDC Changes:
10.03.06
• New section that identifies the specific requirements for
public notice for each land use petition type.
• Relocated 10.03.05 public notice details to new 10.03.06.
Revised:
6/6/13 CC
2 110.03.06 1 Public Notice and Required Hearings for Land Use Petitions
3 This section shall establish the requirements for public hearings and public notices This section
4 shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative
5 Code, which further establishes the public notice procedures for land use petitions
6
7 A. Ordinance or resolution that is initiated by County or a private entity which does not
8 change the zoning atlas or actual list of uses in a zoning category but does affect the
9 use of land including but not limited to land development code regulations as defined
10 in F.S. & 163.3202, regardless of the percentage of the land affected This is commonly
11 referred to as a LDC amendment.
12 1 The following advertised public hearings are required:
13 a. One Planning Commission hearing.
14 b. One BCC hearing.
15 2. The following notice procedures are required:
16 a Newspaper Advertisement prior to each advertised public hearing in
17 accordance with F.S. X125.66.
18 B. Ordinance or resolution for a rezoning a PUD amendment or a conditional use For
19 minor conditional use notice requirements see 10.03 06 C below and for County
20 initiated rezonings, see 10.03.06 K.:
21 1 The following advertised public hearings are required:
22 a. One Planning Commission hearing.
23 b. One BCC hearing.
24 2. The following notice procedures are required:
25 a. A NIM. See LDC section 10. 03.05 A.
26 b. Mailed Notice prior to the first advertised public hearing_.
27 C. Newspaper Advertisement prior to each advertised public hearing in
28 accordance with F.S. X125.66.
29 d. Postin of a sin prior to the first advertised public hearing.
30 0. For a rezoning or a PUD amendment the County shall notify by mail each
31 owner within the area covered by the ordinance or resolution of the time
32 place, and location of the public hearing before the BCC.
33 C. Ordinance or resolution for a minor conditional use.
34 1. The following advertised public hearings are required:
35 a. One Hearing Examiner hearing. If not heard by the Hearing Examiner,
36 then pursuant to 10.03.06 B.
37 2._ The following notice procedures are required:
38 a. A NIM. See LDC section 10. 03.05 A.
39 b. Mailed Notice prior to the advertised public hearing.
40 C. Newspaper Advertisement prior to the advertised public hearing
41 e. Posting of a sign prior to the advertised public hearing.
234
1:1Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx
9A2
Comment [C519]: This section has been
completely rewritten and reorganized from the
prior 10.03.05
- Comment [C520]: From 10.03.05 B.14
Text underlined is new text to be added.
And i tie na.., .. _
a� , = Bold text indicates a defined term
1 D. Ordinance or resolution for a PUD extension, conditional use extension, or conditional
2 use re- review:
3 1. The following advertised public hearings are required:
4 a. One BZA or Hearing Examiner hearing.
5 2. The following notice procedures are required:
6 a. Mailed Notice prior to the advertised public hearing.
7 b Newspaper Advertisement prior to the advertised public hearing.
8 c Posting of a sign prior to the advertised public hearing. Signage is not
9 required for a conditional use re- review.
10 E. Ordinance or resolution for comprehensive plan amendments:
11 1. The following advertised public hearings are required:
12 a. One or more Planning Commission hearings pursuant to F.S. Chapter
13 163.
14 b. One or more BCC hearings pursuant to F.S. Chapter 163.
15 2. The following notice procedures are required:
16 a. Small scale amendments:
17 i. A NIM which shall be held after the first set of staff review
18 comments have been issued and prior to the Planning
19 Commission hearing.
20 ii. Mailed Notice prior to the advertised Planning Commission
21 hearing.
22 iii. Newspaper Advertisement prior to each advertised public hearing.
23 iv. Posting of a sign prior to the advertised Planning Commission
24 hearing.
25 Mailed Notice shall be sent to each real property owner within the
26 area covered by the proposed plan amendment prior to the
27 advertised BCC public hearing.)
28 b. Regular scale amendments:
29 i. A NIM, which shall be held after the first set of staff review
30 comments have been issued and prior to the Planning
31 Commission adoption hearing for a site specific amendment.
32 ii. Mailed Notice prior to the advertised Planning Commission
33 hearing for a site specific amendment.
34 iii. Newspaper Advertisement prior to each advertised public hearing.
35 iv. Posting of a sign prior to the advertised Planning Commission
36 hearing for a site specific amendment.
37 N. Mailed Notice shall be sent to each real property owner within the
38 area covered by the proposed plan amendment prior to the
39 advertised BCC public hearing.)
40 F. Ordinance or resolution for a variance or a sign variance:
41 1. The following advertised public hearings are required:
42 a. One Planning Commission or Hearing Examiner hearing.
43 b. If heard by the Planning Commission, one BZA hearing.
44 2. The following notice procedures are required:
45 a. Mailed Notice shall be sent to property owners within 150 feet of the area
46 covered by the ordinance or resolution prior to the first advertised public
47 hearing.
48 b. Newspaper Advertisement prior to each advertised public hearing.
49 C. Posting of a sign prior to the first advertised public hearing.
50 G. Ordinance or resolution for a parking exemption, pursuant to LDC section 4.05.02:
51 1. The following advertised public hearinq is reauired:
235
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' 9A2
Comment [C521]: Note: This was previously
a F.S. requirement, however it is no longer
required by F.S.
Comment [C522]: Note: This was previously
a F.S. requirement, however it is no longer
required by F.S.
rI ,
Text underlined is new text to be added.
Text stFikethFaugh deleted ftnm I PC
strntive Code OF FPI.fqqLd
Bold text indicates a defined term
1 a. One BZA or Hearing Examiner hearing.
2 2. The following notice procedures are required:
3 a. A NIM. See LDC section 10.03.05 A.
4 b. Mailed Notice shall be sent to property owners within 150 feet of the
5 subject site prior to the advertised public hearing.
6 C. Newspaper Advertisement prior to the advertised public hearing
7 H. Ordinance or resolution for a PUD Insubstantial Change (PDI) or Boat Dock Facility
8 Extension, Boathouse Establishment. or Boat Dock Canopy Deviation:
9 1. The following advertised public hearings are required:
10 a. One Planning Commission or Hearing Examiner hearing
11 2. The following notice procedures are required:
12 a. Mailed Notice prior to the advertised public hearing
13 b. Newspaper Advertisement prior to the advertised public hearing
14 C. Posting of a sign prior to the advertised public hearing
15 I. Ordinance or resolution for the establishment, amendment to or abandonment of a
16 Development of Regional Impact (DRI):
17 1. The following advertised public hearings are required:
18 a. One Planning Commission hearing
19 b. One BCC hearing.
20 2. The following notice procedures are required:
21 a. In accordance with F.S. §380.06 and the Florida Administrative Code.
22 J. Ordinance or resolution that is initiated by the BCC and will change the zoning map
23 designation of less than 10 contiguous acres of land. This is commonly referred to as a
24 rezone.
25 1. The following advertised public hearings are required:
26 a. One Planning Commission hearing.
27 b. One BCC hearing.
28 2. The following notice procedures are required:
29 a. Mailed Notice prior to the first advertised public hearing.
30 b. Newspaper Advertisement prior to each advertised public hearing. The
31 advertisement for the Planning Commission hearing shall include a
32 project location map.
33 C. Posting of a sign prior to the first advertised public hearing
34 d. The County shall notify by mail each owner within the area covered by the
35 ordinance or resolution of the time, place, and location of the public
36 hearings before the BCC.
37 K. Ordinance or resolution that is initiated by the BCC and will change the zoning map
38 designation of more than 10 contiguous acres of land or more or an ordinance or
39 resolution that will change the actual list of permitted conditional, or prohibited uses of
40 land within a zoning category. This is commonly referred to as a rezone or LDC
41 amendment:
42 1. The following advertised public hearings are required:
43 a. At least one Planning Commission hearing. The Planning Commission
44 may elect by a majority decision to hear such ordinance or resolution at
45 two public hearings. If there is only one Planning Commission hearing,
46 the hearing shall be held after 5:00 p.m. on a weekday, and if there are
47 two Planning Commission hearings, then at least one of the hearings
48 shall be held after 5:00 p.m. on a weekday
49 b. At least two BCC hearings. At least one hearing shall be held after 5:00
50 p.m. on a weekday, unless the BCC by a majority vote plus one vote
51 elects to conduct that hearing at another time of day.
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1 2. The following notice procedures are required:
2 a. Newspaper Advertisement prior to Planning Commission hearing
3 including a project location map.
4 i The first Planning Commission hearing shall be held
5 approximately seven days after the day that the first
6 advertisement is published. The second hearing will be held
7 approximately two weeks after the first hearing and shall be
8 advertised approximately five days prior to the public hearing. The
9 day, time, and place of a second public hearing shall be
10 announced at the first public hearing.
11 b. Newspaper Advertisement prior to the BCC hearings in accordance with
12 FS § 125.66 (4) including a project location map.
13 i. In lieu of the newspaper advertisement, the BCC may mail a
14 written notice to property owners within the area covered by the
15 ordinance or resolution. The notice shall include the time, place
16 and location of both the public hearings before the BCC.
17 ii. The first BCC hearing shall be held at least seven days after the
18 first advertisement is published. The second hearing shall be held
19 at least ten days after the first hearing and shall be advertised at
20 least five days prior to the public hearing.
21 L Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments:
22 1. The following advertised public hearings are required:
23 a. One BCC hearing.
24 2. The following notice procedures are required:
25 a Newspaper Advertisement prior to the advertised public hearing pursuant
26 to LDC section 4.08.06 E.1.
27 M Ordinance or resolution for a Stewardship Receiving Area (SRA) and SRA amendments:
28 1 The following advertised public hearings are required, except for minor
29 amendments per LDC section 4.08.07:
30 a. One EAC hearing if required, pursuant to LDC section 4.08.07 F.
31 b One Planning Commission hearing pursuant to LDC section 4.08.07.
32 C. One BCC hearing pursuant to LDC section 4.08.07.
33 2. The following notice procedures are required:
34 An optional NIM. See LDC section 10.03.05 A. _ _ _ _ _ _ _ - comment [c523]: New language.
35 b. Newspaper Advertisement prior to each advertised public hearing
36 pursuant to LDC section 4.08.06 F.
37 N. Ordinance or resolution for a mixed use project (MUP) located in the mixed use district
38 overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding
39 administrative approval, pursuant to LDC section 10.02.15:
40 1. The followinq advertised public hearings are required:
41 a. One Planning Commission hearing.
42 b. One BCC hearing.
43 2. The following notice procedures are required.
44 a. A NIM. See LDC section 10.03.05 A.
45 b. Mailed Notice prior to the first advertised public hearing.
46 C. Newspaper Advertisement prior to each advertised public hearing.
47 e. Posting of a sign prior to the first advertised public hearing.
48 OG 6ffirmation or approval of a Zoning Verification Letter that allows a new use that is _ _ - comment [c524]: New language
49 Comparable. Compatible, and consistent within a PUD.
50 1. The following advertised public hearings are required:
51 a. One BCC or Hearing Examiner hearing.
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1
2. The following notice procedures are required:
2
a. Newspaper Advertisement prior to the advertised public hearing in
3
accordance with F.S. §125.66.
4
P.
Official Interpretations, pursuant to LDC section 1.06.00
5
1. The following notice procedures are required for the interpretation of county wide
6
application of the Growth Management Plan, Land Development Code and the
7
building code:
8
a. Newspaper Advertisement.
9
2. The following notice procedures are required for the interpretation affecting a
10
specific parcel of land.
11
a. Notification of affected property owner. Where a site specific official
12
interpretation has been requested by a party other than the property
13
owner, the County shall notify the property owner that an official
14
interpretation has been requested.
15
b. For site specific official interpretations Mailed Notice shall be sent to
16
property owners within 300 feet of the property lines of the land for which
17
the interpretation is requested.
18
C. Newspaper Advertisement.
19
Q.
Appeal of an Official Interpretation pursuant to LDC section 1.06.00.
20
1. The following advertised public hearings are required:
21
a. One BZA or Hearing Examiner hearing.
22
2. The following notice procedures are required:
23
a. Newspaper Advertisement prior to the advertised public hearing in
24
accordance with F. S. § 125.66.
25
IR.
Site Plan with Deviations for Redevelopment pursuant to LDC section 10.02.03 F _ , comment fcsisf: New language
26
1. The following advertised public hearings are required:
27
a. One Planning Commission or Hearing Examiner hearing.
28
b. If heard by the Planning Commission, one BZA hearing.
29
2. The following notice procedures are required:
30
a. Newspaper Advertisement prior to the advertised public hearing in
31
accordance with F. S. § 125.66.
32
b. Mailed Notice prior to the advertised public hearing.
33
S.
Post Take Plan, pursuant to LDC section 9.03.07 D.
34
1. The following notice procedures are required:
35
a. Mailed Notice. Additional Mailed Notice details are established in LDC
36
9.03.07 D.3.b.
37
b. If a Planning Commission or Hearing Examiner hearing is required. a
38
Newspaper Advertisement prior to the advertised public hearing.
39
2. The following advertised public hearings may be required:
40
a. If a written objection is received. one Planning Commission or Hearing
41
Examiner hearing.
42
b. If a hearing is held, a Newspaper Advertisement prior to the advertised
43
public hearing.
44
T.
Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC
45
section 10.02.13 E.3.c.
46
1. The following notice procedures are required:
47
a. Mailed Notice.
48
b. If a BCC or Hearing Examiner hearing is required, a Newspaper
49
Advertisement prior to the advertised public hearing.
50
2. The following advertised public hearings may be required:
51
a. If a written objection is received. one BCC or Hearing Examiner hearing.
238
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.. reIO_ated to the .._......._t __. Code _.._..___
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1 U. Automobile Service Station Waiver pursuant to 5.05.05, Alcohol Beverage Distance
2 Waiver pursuant to 5.05.01 and Nonconforming Use Change pursuant to 9.03.02 D.
3 1. The following advertised public hearings are required:
4 a. One BZA or Hearing Examiner hearing.
5 2. The following notice procedures are required:
6 a. Newspaper Advertisement prior to the advertised public hearing.
7 # # # # # # # # # # # #
239
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na r
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Administrative Code Reference
Admin Code
Ch. 3 B. (1 -3) Conditional Uses- Permit, Extension, Re- Review
Chapter/Section:
LDC Notice
10.03.06 B and C
Section
LDC Notes:
10.08.00:
• Application Contents moved to the Admin Code
• Reorganized section for order of work/review
• Added language to clarify the findings of the BZA are the same as
the CCPC.
Revision:
6/7/13 CC
3 10.08.00 Conditional Uses Procedures
4 A. General. A conditional use is a use that would not be appropriate generally or without
5 restriction throughout a particular zoning district or classification, but which, if controlled
6 as to number, area, location, or relation to the neighborhood, would promote the public
7 health, safety, welfare, morals, order, comfort, convenience, appearance, or the general
8 welfare. Such uses may be permissible in a zoning district as a conditional use if
9 specific provision for such conditional use is made in the LDC. +wag Gede- All
10 petitions for conditional uses shall be considered first by the Planning Commission in
11 the manner herein set out. Decisions regarding conditional uses shall be quasijudicial
12 in nature.
13 B. Applicability. Conditional use approval is required before the construction or
14 establishment of a conditional use.
15 [Q. Application.. he Administrative Code shall establish the submittal requirements for a
16 conditional use application.
17 1. Conditional use application processing timed An application for a conditional
18 use will be considered "open," when the determination of "sufficiency" has been
19 made and the application is assigned a petition processing number An
20 application for a conditional use will be considered 'closed" when the applicant
21 withdraws the subject application through written notice or ceases to supply
22 necessary information to continue processing or otherwise actively pursue the
23 conditional use, for a period of 6 months An application deemed "closed" will
24 not receive further processing and shall be withdrawn and an application "closed"
25 through inactivitv shall be deemed withdrawn. The Planning and Zoning
26 Department will notify the applicant of closure by certified mail return receipt
27 requested: however, failure to notify by the County shall not eliminate the
28 "closed" status of a petition. An application deemed 'closed" may be re- opened
29 by submitting a new application repayment of all application fees and granting of
30 a determination of "sufficiency." Further review of the request will be subject to
31 the then current LDC.
32
33 MaR@geF or his designee iRdiG@t'Rg the basis iR this ZGRiRg Cede URde,r Wh Ch the
34
35 PaFtiG61laF FefeFeRGe te the types E)f fiRd RgS WhiGh the Board Gf ZGR Rg Appeals must
36 make uRdeF seGtiOR 40.08.00 D. below. The petition shayid RGILIde material ReGessaF�,
37
38
39
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1AAdmin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx
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Comment [C526]: In place of 10.08.00 b
Comment [C5271- From former K
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1
2
3
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lanament of c +r_ of the r, nerta f^.r ingress and
`ed _r_ _ OR _ - .......°
5
and off loading areas, refuse and se
egress, Gff street parking street -.G- -_ea-s,
6
The GGRGeptual site deVe'GpMeR
and required yards and ether GpeR spaces.
7
hall be in lie of eliminate then fnr, a site Ae,,elonmen+ plan
plan net RGF need
under seatien 10.02.03, as appliGabie.
9
L Plans shGW n ed Iona +Inns fnr 41 ti es
10
3. Plans fGF buffering With refe + e type dimens;nns nd
__. _ _... o and _. -_ _ as _.._ _.. _
11
oha aGtet°
12
4. D Ian As oa n' n . for trees nroteo te d by r R ty r , la +isms
`e,ed and _ -- _ -_-s
13
a
5. D d lgh+ iRGlUdiRg tin d•n; A oha a+ r.
` -A signs _ _ -
14
6. Deve n +s shall identify, nrr, +or+ r and appr nr sigh, native
_ _ --
15
+.o habitat. Habitats their boundaries shall
vegetative ,,,,,,N.., and wildlife and
16
ahatonranh +he nrnnerty e.f at leas+
^n+,fie d n,,
be
,ed a _w..ent aerial of at a _halo
17
iRGh Ann feet. I-lah +at ideRt'f'na +'o shall be GE)RSiSteRt'N;th the Ghrida
equals
18
19
20
shall taken nede photograph's yidenne_
truthirig
surveys .__ ever
21
a
7. Where, this Ze�n;nn Gode planes additional r n p -re rneR + nn s if;c neaa _ nA: +.anal
22
shall Aemenstrate that Fequ eats a met.
the
uses, petit Grier such
23
(adhere the r of I @Rd of aar,.d �t eRal use, is requested
as well as grant
24
fnr the of land! both said rRay be
simultaneously same parGel PetitiE)RS
25
+h then (Deed. des set forth f%°°.
in
PFGGessed GGRG rFeritI aGGE)rdaRGe .: ....,e
26
1 n nn na and this sea+ian _
- Comment [C528]: Moved to the Admin Code
27 G.
28
7nn,nn Anneals shall he r pFGyided fe.r seat;on R ah
the R.)a A
Unde
of a
29
that the te the Board GGHRty GE)MMiss E)Rers shall apply te the
PFeViSiGRS applieable Of
30
� "e
Board of Zoning Anneals All testimony given shall he nder oath and the aot'enn by the
,
-
Comment [C529]: Provided in new Notice
31
_ _ _
' _ ` in nature.
section 10.03.06
32
n AA + apany the Q2,e�d E. must be met.
r� e Fe ,ts erseetiea
Comment [C530]: As noted in 10.08.00 A
33 D.
- _
Findings. -
above - quasi - judicial process
34
ef Zeriirig Appeals, !the Planning Commission shall make a (recommendation of
Comment [C531]: This reference is not
35
approval approval with conditions, or denial of the conditional use to the Board of
applicable.
36
Zoning Appeals. The Plannina Commission's recommendation of approval or approval
37
with conditions shall ind" that the granting of the conditional use will not adversely_ _
- comment [C532]: New language
38
affect the public interest and that the any specific requirements 9GVeFRORg
39
pertaining � conditional use, if any, have been met by the petitioner_ and
40
#Further, that satisfactory provision and arrangement has been made sensern+ng for the
41
following matters, where applicable:
42
1. Consistency with the LDC this Bede and growth management plan.
43
2. Ingress and egress to property and proposed structures thereon with particular
44
reference to automotive and pedestrian safety and convenience, traffic flow and
45
control, and access in case of fire or catastrophe.
46
3. The effect the conditional use would have on neighboring properties in relation
47
to noise, glare, economic or odor effects.
48
4. Compatibility with adjacent properties and other property in the district.
49 E.
Planning Commission actions. Gendgions and safegivaFels.
50
1. Conditions and safeguards. In recommending approval of any conditional use,
51
the Planning Commission may also recommend appropriate conditions and
241
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- Comment [C536]: From previous 10.08.00 H
finding that the granting of the conditional use will not adversely affect the public and
any specific requirements pertaining to the conditional use have been met by the
petitioner. Further that satisfactory provision and arrangement has been made for the
1 I he Board of Zoning Appeals shall approve by resolution, or deny a petition for a__ _ - Comment [C537]: New language. To be
conditional use. The approval of a conditional use petition shall require 4 consistent with the same findings as the CCPC
affirmative votes of the Board of Zoning Appeals
2. If the Board of Zoning Appeals denies the conditional use it shall state fully in
its record its reason for doing so. Such reasons shall take into account the
factors stated in section 10.08.00 D above br those factors that may be _ _ _ - Comment [C538]: Change in language
applicable to the action of denial and the particular regulations relating to the - "such of them as may be applicable"
specific conditional use requested, if any.
G. Expiration and re- review. _ , - comment [C539]: updated with ord. 2012 -38
1. Aay conditional use shall expire 5 years from the date of a royal e€- great, if by amendments
that date the use for which the conditional use was granted has not been
commenced.
2. Any conditional use shall expire 1 year following the discontinuance of the use
for which the conditional use was granted unless the site was improved and /or
structures built for the specific uses approved by a conditional use and which
cannot be converted to a use permitted by the underlying zoning designation of
the site.
3. The Board of Zoning Appeals may grant one 2 -year extension of an approved
conditional use upon written request of the petitioner.
4. If a conditional use permit is approved with stipulations or conditions a re-
review of the permit stipulations or conditions shall take place in accordance
with the resolution approving the conditional use permit or bv request of the
applicant.
H. Public facility dedica
- tion. -- - -- - -- ----- ---------------------------
1. . The Board of County Commissioners may, as a
condition of approval of the conditional use, require that suitable areas for
streets, public rights -of -way, schools, parks, and other public facilities be set
aside, improved, and /or dedicated for public use. Where impact fees are levied
for certain public facilities, the market value of the land set aside for the public
purpose shall be credited towards impact fees. Said credit shall be based on a
negotiated amount no greater than the market value of the set aside land prior to
the approval of the conditional use, as determined by an accredited appraiser
242
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Text underlined is new text to be added.
d FniniStFative Cade OF revised
Bold text indicates a defined term
1
safeguards in conformity with the LDC. thisZGRiR9 GGde- Violation of such
2
conditions and safeguards, which are made a part of the terms under which the
3
conditional use is granted, shall be deemed a violation of the LDC. this Zea+R9
4
Ssde.
5
Denial by the Planning Commission If the Planning Commission shall _
- Comment [c533]: From previous 10 .08 .00 F
6
_
recommend denial of a conditional use it shall state fully in-its-re-co-rd- its reason
7
for doing so. Such reasons shall take into account the factors stated in section
8
10.08.00 D. above for those factors that may be applicable to the action of denial
- comment [C534]: Change in language from
9
and the particular regulations relating to the specific conditional use requested -
"such of them as may be applicable"
10
If any.
11
Status of Planning Commission report and recommendations The report and
- comment [C535]: From previous 10.08.00 G
12
recommendations of the Planning Commission required above shall be advisory
13
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- Comment [C536]: From previous 10.08.00 H
finding that the granting of the conditional use will not adversely affect the public and
any specific requirements pertaining to the conditional use have been met by the
petitioner. Further that satisfactory provision and arrangement has been made for the
1 I he Board of Zoning Appeals shall approve by resolution, or deny a petition for a__ _ - Comment [C537]: New language. To be
conditional use. The approval of a conditional use petition shall require 4 consistent with the same findings as the CCPC
affirmative votes of the Board of Zoning Appeals
2. If the Board of Zoning Appeals denies the conditional use it shall state fully in
its record its reason for doing so. Such reasons shall take into account the
factors stated in section 10.08.00 D above br those factors that may be _ _ _ - Comment [C538]: Change in language
applicable to the action of denial and the particular regulations relating to the - "such of them as may be applicable"
specific conditional use requested, if any.
G. Expiration and re- review. _ , - comment [C539]: updated with ord. 2012 -38
1. Aay conditional use shall expire 5 years from the date of a royal e€- great, if by amendments
that date the use for which the conditional use was granted has not been
commenced.
2. Any conditional use shall expire 1 year following the discontinuance of the use
for which the conditional use was granted unless the site was improved and /or
structures built for the specific uses approved by a conditional use and which
cannot be converted to a use permitted by the underlying zoning designation of
the site.
3. The Board of Zoning Appeals may grant one 2 -year extension of an approved
conditional use upon written request of the petitioner.
4. If a conditional use permit is approved with stipulations or conditions a re-
review of the permit stipulations or conditions shall take place in accordance
with the resolution approving the conditional use permit or bv request of the
applicant.
H. Public facility dedica
- tion. -- - -- - -- ----- ---------------------------
1. . The Board of County Commissioners may, as a
condition of approval of the conditional use, require that suitable areas for
streets, public rights -of -way, schools, parks, and other public facilities be set
aside, improved, and /or dedicated for public use. Where impact fees are levied
for certain public facilities, the market value of the land set aside for the public
purpose shall be credited towards impact fees. Said credit shall be based on a
negotiated amount no greater than the market value of the set aside land prior to
the approval of the conditional use, as determined by an accredited appraiser
242
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9A2
Text underlined is new text to be added.
Bold text indicates a defined term
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 conditional use, 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 time frame shall
authorize the County to determine the market value of the property. Impact fee
credits shall only be effective after recordation of the 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
District or other agency or dependent district of Collier County Government.
2. Land set aside and /or to be improved as committed as part of the conditional
use 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 conditional use process. In any case, however, the
County shall take title to set aside property, at the latest, by a date certain
established during, and conditioned on, the approval of the conditional use.
3. 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 complete the dedication within
the appropriate time frame noted above may result in a recommendation to the
Board of reconsideration of approved conditional use and may result in a
violation of the LDC this Code pursuant to section 8.08.00.
4. Should said dedication of land also include agreed upon improvements, said
improvements shall be completed and accepted by the Collier County Board of
Commissioners at the development phase which has infrastructure
improvements available to the parcel of land upon which said improvements are
to be made, or at a specified time provided for within the resolution approving the
conditional use.
Mate fully in it6 FeGGFd its reason fer deiRg 60. SUGh FeaseR6 shall takP_i.R4A_ _;;GG=eURt the
Fequested, if a%-
kd ❑ .a f aeRing appeals t; e.n oi, Fo ert i �. , .o o f f the
- --
_ -- Comment [C541]: Moved to E above.
I. Conditional uses for school or religious purposes. A use which has been approved as
part of a preliminary subdivision plat or a planned
unit development for schools, religious or eleemosynary uses shall be exempt from the
provisions of this section. Such uses must comply with the provisions of section
10.02.03, site development plan approval, as applicable, and all other zoning
requirements.
J. Changes and amendments. The County Manager or Ns designee may approve minor
changes in the location, siting, or height of buildings, structures, and improvements
authorized by the conditional use. Additional uses or expansion of permitted uses not
shown on the conceptual site development plan or otherwise specifically provided for in
243
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9A2
Text underlined is new text to be added.
and i de, AF Fe,,iqpd
Bold text indicates a defined term
the conditional use application shall require the submission, review, and approval of a
new conditional use application.
I. Conditional - - Comment [C542]: Moved above under
be sidereal " pen her, the .deter nnF'n Elf d ff' - - - „ -ha been - - - made - -,- +h - Application
use ,dll
be .� oi.inre.+ °r'Ast- ' IA ;hnn +he ne +' +'n .d +h.d r., the h' + -+ I' .,+'
anelisatien deemed "nlesed __r l AAt rerei.c f -Fther PFGG866iRg aR d shall be withdrawn
Fn
..___ dep orF.meRt Will the v Nnlin —ant of nlesure M. ner+'ff d -'I retuPR F
ec +n.d hn. r f1'14re Fe netmfy by the Geunty shall Rot I' at the ” I d" + F
ffie Further of the c+ M! be b:eGt to the the nt Ge d..
lane 26 2003, shell n Ply with then n time n ned + f Fth OR
spr#iAR 1.0.08.00 K. abeye.
PFeViSieRS of this er. +'n Sudh. uses must G ply with the n pf seGtiGR
F2 If2fReRtS. i Comment [C543]: Removed. Duplicative of
# # # # # # # # # # # # # i section 10.08.00H, above
244
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DIVISION 2. -ADMINISTRATIVE CODE
Sec. 2 -10. -Administrative Code.
A Collier County Administrative Code, authorized pursuant to F.S. § 125.74(1)0), Fla. Stat.
(2004) 2013 is to be created and maintained by the county manager as provided for in this
Code. The classification and numbering system for cataloguing the provisions of the
Administrative Code will be as specified by procedures set forth in an adopted Administrative
Code provision, as will be any procedures for the drafting and review of such provisions prior to
their adoption.
(Ord. No. 2004 -66, § 2)
Sec. 2 -11. - Amendment of Administrative Code.
Updatinq Collier County and State of Florida contact information, website links, Growth
Management Division's organizational structure or department titles, may be done
administratively by the County Manager or designee. Typographical /Scrivener's errors
corrections which do not affect the intent of the Administrative Code's provisions may be
authorized by the County Manager or designee, without need of further public hearing, by filing
a corrected copy of the same with the Clerk to the Board.
All other amendments, additions, revisions, or modifications required to maintain the Collier
County Administrative Code will be made by resolution of the board adopted by majority vote at
any regular or special meeting of the board. Such resolutions may be placed as an item on the
regular, consent, or summary meeting agenda, as deemed appropriate by the county manager
in consultation with the county attorney.
(Ord. No. 2004 -66, § 2)
Sec. 2 -12. - Form of Administrative Code. All provisions of the Administrative Code are to be
published ea in a form as determined by the County Manager or designee. si+
to that set forth in Cvh�h"# A bolo.
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;P8114 08 be FGP88'Bd BF dBIOW4,
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2 IcilSec. 2 -13. Reserved Fees Relating to Land Development.iC21
3
4 (a) Establishment of schedule of fees, costs and other charges.
5
6 The board of county commissioners will, from time to time as deemed necessary establish and
7 adopt a schedule of fees and charges for application and document processing public
8 meetings public hearings and other meetings and hearings transcripts approvals denials
9 development permits, development orders development, construction interpretations
10 enforcement, inspection services, sales of documents review, resubmission, and any other
11 zoning or development related services, and any other services provided or costs incurred by or
12 on behalf of the county as specific in this administrative code.
13
14 (b) Maintenance and amendment of schedule.
15
16 The schedule of fees, costs and other charges shall be maintained in the county manager's
17 office and shall be available for public inspection during normal business hours. Additional
18 copies or part or all of the schedule of fees, costs and other charges may be maintained in
19 other appropriate county departments. The schedule of fees, costs and other charges may be
20 amended, modified or otherwise changed in accordance with the procedures of this
21 administrative code.
22
23
24 (c) Payment of fees, costs, and other charges.
25
26 The appropriate fees, costs, and other charges specified in the schedule of fees, costs and
27 other charges must be submitted with, and paid at the time of initial application submission or
28 other initial document submission except as otherwise specified in this administrative code or
29 the schedule of fees, costs, and other charges.
30
31 The applicant, or if no applicant, the person requesting the county service document, or other
32 item, will be responsible for the payment of all fees, costs and other charges except as
33 expressly provided otherwise in this administrative code or the schedule of fees, costs and other
34 charges. The fees, costs, and other charges specified in the schedule of fees and costs and
35 other charges will be twice the amount listed for petitions or requests applied for or on approval
36 after - the -fact, with the exception of minor after - the -fact yard encroachment requests. Until the
37 applicable fees, costs, and other charges have been paid in full no action or activity of any type
38 or kind will be taken on any other pending application, petition, or request. The provisions
39 contained in this section do not apply to any impact fee regulations.
40
41 �vu
42 Af1�Al �IICTOATII /C / /1IlC C/l� CCCC
43 6--ta-blesh—e-4 of sehadule of
44 The bawd of sabinly will; fF@FR ';m-- in- deamed Ageass
45
46 ,
2
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1 Vie-
2
3
4 faAewiRg.
5 1. AP —Pecs. Aeee.ss to lots .".4 Wn .. subdivision shall be � designed to o plish a s +e-
6 the lets by use A-f Streets. AGGeSS W resideRt al lots must be iR aer-ordaRGe with
7
8 the p bl'e right of : ". as set fGFth in v"dina lGe Ne 93 63 as c..,,..:Rded
9
10 feet apu "h . /teeess n+c to nl aGGess nrds st he .'.deal .;th
11 .
12 When rde uhle frontage Into a _ emend .,jaGen+ to a Geller. ter eF "r+ al + +
13 and a If_3F_.,ol street they St free+ nn the lee-,I c+ree+ '.%'h 'eh .";ll id + aGGess
14 said let GGe s to the let ,.•"" Ret be re„',ded by meaRS of the .. II +
15 nrte a' o +r e+ I __ 4 Gases, the In+ ,,i F L ff ! d h n
_ let . __ buff_ __ __ ....,_iFed ._._..,...__...,.,
16
17 GG.mprehensive plan, when implemented, will supersede this seet+o„ e-Fe
.^!h° I^ nt^ + + t , ;th the t,
applicable. a����� o� � �� a� � nog ce^.srs�erR��- ors -a«S.,
19 ,, aR emen± el G a Fate Gity alysis will be Fed G
20 ideRtify GapaGity impaGts and apprepFiate mitigation.
21
22 parcels which are separated by GGFRMGR arkiRg area e ther GGFnFRE)R area,
23 semefimes referred to as eutpaF%16 ", "an6hef stere parcels", er "fee simple
24 f otprint parcels", er an integrated -phased develepmeRtr as defiRed ja seEtieR
25 1.98.00 of the Land DevelepmeRt Cede, aGGess will he eate,d thre „+ n
26 internal aGGeGS PFE)ViSiGR dec ~rented OR the final subdivision - plat.. ''RteH4a4
27
28
29 tracts, er the life, e Will ^leer'., n ^and n r.'fGaily '.dentify +
ms' he a t aad
30 servient esta te el„ed and the sGape and d at'e of r.h iRteFRal aGses
31 prev+s+er�
32 [C6}2-.A9eys[C7]. Inrd lustr a!, ..,,,,,,"_,al and reside^tal alley aleRey the Fear lot lanes must
33 have aR alley P--R'-;P-.rAP-.At at least 24 feet wde GGRtaiRIRg a vehiGular pave ...... t A d " I
34 of at least ter, Feet
35 a The alley edge of r ent must he a minirnu.m. of 15 feet .,.,rd be
36 ,deoier,erd fr.r the n in +e rdesig eh'r.le
37 b. Alley grades must RGt exceed We peFGent GF be less t aR ^
� perceRt.
38 c All alleys en+erd must hn e,d AM maintaiAPPI by erty
39 n + ion e similar 7 d
ether nn++„ and I he cn de ' l to nn the f'nol plat.
40 i3. &qee:E$--jC8]The length width nerd shape of hloPLc Are +e he .de+erm'.,e.d with d
41 regard te=
42 a. 7oning r eats as +e let size .,,d .dimeRSie.,c
43 b. Need for convenient aGGe6 , c;rcalate^, entrel nr„d safety ef vehIcUar and
44 pedestFiaR tFaf# n
45 G. Limitat E)Rs and er,r,eFt +'es of tonenrnnh" jRGIHd e all natural a ^'d reser ed
46 fend it s ; d e.n +i f. end
47
48
49 the- -arid DevelepmeRt Gede. Traffir--. Ga.'M Rg dev Ges, as aPPFGved iR the
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R.
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r a
3W@k iS 19 b8
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1
2 D'"'v'eii icir ova"t to the GGRddltlens In seetlen 19 02 84 of thezarrd
3 Deve'GPFneRt Code.
4
5
6 of the o eRt 'n f the + feet FR*RiMUM 'll be determined h d
7
8
9
10 i VVhare andergreend drainage °tFuGtw + ^II a the + kd +h
11
12 of d stem. ist . I. in said + be I than 1 -
13
14
15
16 GaRals wata'Go6lrror water bodies, streams, drainagewaTS, shannels,
17
'
18 drainage easemeRt rd adjeiRiRg mainteRaRlGeiaGlSess + illh
19 9r9Vlded WEN& nfO bstaRteall.. to the I' f h +
20
21 to seetien io-42.24 of. the Land Develepment —Cede. Ma*RteRanGe and
22 t, fAr thkM nr davPlnMrnMn+ f
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i-
i The he- ,polaries of all r red- easements must be edimensioned! on the final
be-0vis.. plat Aern 'reed nrnton +erd Mr a+ be identified as PV
rate +ran +s n easemeRtS having a c to them from a platted Fight Of
-
5
way. AIG iRdiyi,dual residential n GGmFneFGial let G paFGel lines m pFejeGt
6
iato 4 efn�:hep platted — a s -U —tFast. if the p Gtested/;se^:�- -ea—�s
7
,de +ermined- +e he ii isd-i GtiGnal in nafi ire erifiea+ien m is+ hen vid-ed- whiGh
8
9
d- ,.,
etate Gr feeral G s having i isd-iGtiGn an,d hen plieable p an4
10
to the r en +s aped PFBVOGieRS eF the n eyAh m ent plan All
11
Fequired a en +s er tracts fer preteG + ed- /preserve a will be ,de4Gate d
12
and a-se establish the p mit+eed umses fnr saA a ent /s\ aped /er tra G +G e
13
14
15
mainteRanee FeSPORsibili...ties. AR t whe wishes to set —aside-
16
17
te be en the pre!*M*RaFy subdivisien plat and final subdivise
18
plats, 9F nh, 9R the final subdiV6609R plat if the pliG nt GhG e+ +n
19
submit the optional pl:eliM'Rap� subdivisieR plat, Fnay do so by grant oF
20
.
21 lmpf;%r
-- me"Ian C14]
22
23
nt -and- a iGting fa Ginties ned the pmposed easement aped the n eed
24
25 the
heLdnr of the a ep+ /s\ s u ltaneeusle with its subM066wGR +e the G .p+.,
26 I.
Thp r apol a al of i en+ plays Anus net au dherize the
27
28
.
29
30
Lain
31
Fer t I Fey he6lF the a +inn of the fire
Faa;,; m.
is
rred�,-- ar�east��rs��sarTeF}t�eserFk;,
32
33
34
35
.
36 a. HydFaRts
be ne, +ane.d and plaGeed
the
GBMPIY'Rg with
37
ep +s set feFth in the lame•+ ed-iFnn of NFIRA Ale 24 entitled "Standard- fnr
38 {he
of o.,rate Fort, Rewmep n inB And ThAiF App Fte es
39 Pub"she.d
by the Wa+innal Fire DretnGAnn AssGGiatiGp Hy dran +s to he ns +alle J
40 .vithin
subdivided In +s for fire pro+eGRnn PUFPAqLzq will he ev l gated- ddb lripg +he
41 si te
development plan review reed i eG+ien 10 02 03 of +he
42 6and
Development e . Those mast Gem pl. yAth the stand lard -s
43 set
Perth in +he.latest edi+ien of AICDA 1141 entitled "Standard fed Fire Preteetm
44
45 i.
R9R941490491 Oeeden al /apd! ede„elGprren+ In n aped twe family land- de"elGpmen +s
46
i +h pe4 m e +hap te.n d..,nllipg u pits n fire hvrdrapts will he s Gedi
47
rG+ g eater than 500 feet apart and Ret m e than 250 feet frem the Genter
48
of a , let in the subd-i"isieR and- must be G eG+ed- +e m G less +hap
49
nohes in d lameter The system must provide G r; t y fnr fire flGw6 of at
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1
2 i. The analysis will show the i nn+ nn the rn Gsed 6,tomul s true +��_is_o__ Gf +h
3 subdiv;S;o„ r development and existing externally affected streets. she
4 analYSiS will be used te deterre:,;e —the street las if Gat en width ,a
5 number of +roff'o Inner 'nteMal to the development and requireMeRtS any
6 for off site (external) :. mor„em GVeMen +s on the a e. `Stin street system per4he
7 (`nllier ('ei ant., (_re,.dh Management Plan. [C25]
8 Street 4ght Gf way �i�dth. The minimum right ef way widths to be 4lized will be
9 as fellews and, wheFe
10 in appendix B. and Will he d rerr
uNN�, +I„ related +e +rafFn velume as iRd'G@ted in the
der!n' +e,n of eanh street Continued here in and .her` a t,li Gahl � . Gla d byAhe
12 Gress seGtiens eentained in appendix B. Private street right of , widths pd
13 design may be deteF n d e e n ., ,.,s e by o .,se as 's erdapa ; +h + GR
_ bas Foe
14 10.02 nn of +he Land Development rade
15
Street Tyne All S+ree +s
(feet) �T VV{dth*
LaRe
vvidt-t-
4neS
16 N mbeF efof
17 fleet;
18 As determined f„r median nd + n Inpes
4 141
19
20
21 Net& Any r ral a S;i_=GtiGRS ed m require expanded Fight of
22 way widths #e r - ^dd rt neRi i she Ider -;q Pd Swale faGilities. Design to be
23 appreved „ a e by ease basis
24 *If an alley is utilized, the F ght Of 'Nay Width MAU hP FIRIA''Ged upoR appFeVial
25
26 IG . 9eac# ��CV]
27 designed as a GUI de saG. When a stFeet is designed te be e)AeRded when - -
28
29 deGigRed. Guls de sae OR exisess ef 4,000 feet Will Rot be PeFFRkted Unless
30 existing +r.penrophieal nnditiens other natUFal features eel ude ctree+
31
32 standards of this see+ien and the GG ant., Cire oreteetien Gode r its s
33 n Gede of I n nhapter 58 artiele III the standards of this se..tiep ,.; II
34 +ahe n cede -R-19
35
36
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I de Gas
68
2-
40
eGat
69
2
a 9
Wpm euee ++ r
89
44-4-2-
80-409
2
44-1
18 As determined f„r median nd + n Inpes
4 141
19
20
21 Net& Any r ral a S;i_=GtiGRS ed m require expanded Fight of
22 way widths #e r - ^dd rt neRi i she Ider -;q Pd Swale faGilities. Design to be
23 appreved „ a e by ease basis
24 *If an alley is utilized, the F ght Of 'Nay Width MAU hP FIRIA''Ged upoR appFeVial
25
26 IG . 9eac# ��CV]
27 designed as a GUI de saG. When a stFeet is designed te be e)AeRded when - -
28
29 deGigRed. Guls de sae OR exisess ef 4,000 feet Will Rot be PeFFRkted Unless
30 existing +r.penrophieal nnditiens other natUFal features eel ude ctree+
31
32 standards of this see+ien and the GG ant., Cire oreteetien Gode r its s
33 n Gede of I n nhapter 58 artiele III the standards of this se..tiep ,.; II
34 +ahe n cede -R-19
35
36
10
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[A
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ith;_ 1 do sao, they Fftisf have mi Outside edge af
for
. [C28]
5
6 vd.de f.,r rdFai.Rage Q orbs will he r e.d at street interoeetir_no -..,.d fer these
7
8 .
9 #h. Inteseerefa radii -gs�
10
11
12 de saG Streets RteFSeGt at less thaR 90 degrees, a radius Gf greatel: thaalp 380 feet
13 may be r Fort Intercor•fieR right of way linos must be n vided 'e.ifh nn lace
14 than o 75 feet ra t' Lis, eF as appreved by the r ntv rnaRageF eF designee.
15
All
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
be Sbi
35
36 oF
11
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s
Tangent (PA mi-w—)
.A .11 AthAF
8 [C32
9
10 so reFted by the neant7 manager er his designee, +" f
di
11
12
13
14
15
16
17 and ShGWR 'n the typical Sect'n as
18 I Sub cad° nd should r All h do n.d h... l deFs be tabilize,�
y ac o � graa a a SI It>alt7ci' must l7 C- �tcttjitttCti -te
19 a depth of I7 inchpr, Rnd +n the full width n sh the t,'PjGai SeGt ' eR 20 dFaWiRg The stabilized ar °a m st be. free of maek, reets and etN-,F
21 nh'ec +'n ahle mn+er'nl The h nd rl h id t he stabilized
22 rnmpaGted tQ nh +n n +h° m I'm ncL beariRg +' (I =BR) f to I RR
23 @nd at least 98 n en+ of m m d + GleteFMiRed by AASHTQ
24 T-180. if the beaFjRg V@'Ue of the soil is less than that SpeGified, the
25
26
27
28
29
30
31 I Base The base must he n c +e.d I'm ek +r Gte d to the thiGi.._ess
32 SpeGified in the + JY c y
nl +'
en .dr for the Glass d type of ad to be
33 GGRStFUGted, and must he built +e the r.'f'e.d Width aR d , RteFe d , the
34 subgrade. Li^ G& Used fer the base mast meet the ster�d
35 ec'f'ce +' ens 'Ifor grade 7 I'm ncL °nd m st he ce aGte,d to ebtai„ a
36 least 98 peF n+ rde S + determ e.d h.. A A SHTQ T180
r � 7�a°
37 yens +r� �n+ien Mnd materials of the ti.,°e, must .nfA_rn: te seGtieRs nnn d
39 12e °d °nd Bridge '`n 6 +r e+en (latest editien thereef' Aiternate base
40 f :..rOec +h et meet PDOT spec'Fco+'enc y be 'd d d .d
41 by the c .nty manageF r his desig
42 III. P4i43e. The base must be primed with type RG 70 h'+ Ater' I F
12
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29 GGRStFUGtiGR add fnr in en +inn
30 [C33],i)(. 94ps i ..
31 street Rame nn.t speed limit S All Est he of .,
32 re€lestiue— M.ateriar6eR .ntinn of type aPPFOVed by the nt„
33 FRaRageF OF his designee. nn„ double sidded street Rame 6igR of e.tandaFd
34
35 interoentinn fnr nnh med street nleGS nthen. doe approved by the
36 GGURty m r his designee n ant +e 16en +inn In n2 nn of the '--;;Rd
37
38 the edge 0. a
39
40
41 Mws# be desigRated OR the GGRGtFUGtiGn plans prior to theip appFaval by the
42
43 Pave ent e."ing 4035 nn nrk ,.eiu he ;A to .,i +h gent�on 71 of
44
45 and Bridge (`e.nc +r. otion (latest edi +inn thereof\
46 ; A. Atemative 6cpes of n eat base and sebgrade ,ic3s]An a +e types of
47
48 desigRee to be equivalent to those speGified iR this GeGtion May be appFey
49
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i
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1
r2 al terna te types a equal show, r to these SpeGified.
3 n. Street grades. Street grades must be�de- ter�rAined iR rolatien to the dr..'r age
4 faoili ies for the suh-divisie—n nd m c+ no+ e e.d fGUIF nt n r he le SE; than
5 0.3 n en+ nless Athep-ise appreved by the o Rty manager or his rdec'n
6 p r en+ t„ gee +' n 10 m nn of the Land ne „eler mart Code. Street grades mum
7 be sheWR eR the rdevelenmen+ plans her rd'reetie art n eat of fall en the rla,. -I
8 profiles. [els37]
9
10
11 Swales may
12 be permitted to convey rear yard drainage and to collect street drainage. [C38]
13
14
15
16
17 eaunty ffiap@08F BF ...8
18 q- Hag streets. . [C40IHalf er partial streets W I! Ret be permtted exGept o,T ^re
19 essential to the r able development of a PFE)peFty iR enformanee wth the
20 GiFGWlatieR plan rohonc'„ nlaR Gr these regulat Rd where iR .,ddit'n
21 dediea +inn of the remaiRiRg art of the required street Fight r.f .w is PFGv ded
22 VheReVer a re eFty to be develeperd benders n St "nn half er naFd al street
u p.vp�.�,
23
24
25 an existing street wh}sh does net— C9n#orM to the MiRiMUM Fight of way
26 requiFeMeRtS of these r UJatl ens must n v i.de fer the .de.dioetie of a,L iti al
27 Fight of w alarm e the: n r hoth sides of said street se that the MiRiMl
28 Fight of .w FequiFemGRtG of these la +'e .i II he established
29 '.r t .im'te,d S44P S JC4111 imi +e,d n String GE)Rtr„nl Rg a S +r, streets e
30 ad;aeent parcels will beprehibited except where approved by the nt„
31 maRageF er his deSigRee PLIFSUaRt +e Seetien 10 02 nn of the Land Development
32 Bede.
33
34 th@ fUll Width Of Pulblig streets, Private stiz Qt6;1 fiFR I@AR6;1 @P64 AthAF MRA19P
35
46 base n , he a epte.d Any .de at once mare than there telerannec
47 will result ' . ;+hhelrt'n rel'm RaFy aGGeptaRGe n +'1 c eh time that the
48 pavelFeRt 'c hrn gh+ p to e iRty stan.darrdc
49 [C43161.
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r'
12 will hen erl., Gapped and bankfilled
13 -155. 9AU4' GaSiPgS. [C46]nn r S +e he installed ,.within the rel,. way sentinn of n pFGjeGt
14 must be Iooa+ed at a depth At Inns+ six pehes belo�e, the ho+ +em ele"at'n of the
15
16 the 'p+ersest'en of the Fight of Way I'n nd the In+ I'p I Mless a ed by the ntv
17 r his des'g ant to seetiop 10 n7 nn of the Land De"elepmen+
18
19
20 y,h'oh must be pinned after n ple+ of the roadway stab'I'Zat'n end p Will
21 have its methed of 'nstallat'o ed by the n my manager or his deSig
22 16. Wat^mv ;agemep - ,{C47]
23 a. Qnone n n plete s+ormuiater m en+ system will ben "ided fer all a
24 Atth'nthhe swhdivisiGn er- develop en+ nnl „dlpn IGts Ts e d alleys.
25
26 GE3vdes nd ord'n ens Cn +h Clnrida ter a+nr Management min + „IeQ.J
27 reegulrati ORS -PUrs -,n+ to F.S. nh 373 nd Ehapter 17 nn -end title 40E Pr�da
28 AdmiRiStF@tiVe fade end aRy ether effented state and federal e r les
29 nd regulatiORS OR effen+ at the time of prelim subdiViGiOR plats hm's
30 i. Where stermwate [C48]
31
32 de „fit, sttc” FLARGff st be incQed P the — steFmwatep system
33 design.. The system must be des+gRed f F IGRg lfn Inv, GA-St m n+enanne
34
35
36
37 H Water en+ C49] areas
38 peppetuity aGGGFdiRg to the approved plans. Water maRagernent areas R49t
39 .
40 p Oafnfall an.J r puff grlforia 4C5o]The system must he designed for "design fleedd�
41
42 nrd -,egg With n ent Gelber re„nt., nd Cn,ith Clerida 1Alater nnanagemnn+
43 D St Gt gri�.iter«
44 1 ccri'e& C511nrtifi gial lakes and re +ep +ien basins ed art of a-
4
5 stem:lweter TeteRtiGR system far —o site water ep+ s+ be
46 des:g ;ed and; other
47
48
49 as+ to the e ,nty All lakes will he set hark from ab +tin eade,ays
15
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..d ..,... the n... ..1..,.
ei,va ,t
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1
driveway wite�tt
2
parkinn9g ever thesidowalk Should the garage be side leaded there mu-s+ be a+
3
lea t a 72 fen+ paved
4
MUSt e e that parked vehicles will not interfere with pedes+dan traffic '�G44}
5 14 L149
rStai i. �[C451A the clearing, grubbing, and grading has beeR GGmpleted
6
7
8
will be installed aGFOSS the
power
Conduits and appuFteRaRGes and aRy other 6444y
g
the_Stfeet to the .;Sfen be that the
width
Will
ef sidewalk so
10
PA-t bee disturbed by futui:e iRstallatk)Rs. All
Feadway
OF Fight ef way will utility
11 URderg
eund improvements so installed fer then off +, r P.Anneptienr
12 will hen erl., Gapped and bankfilled
13 -155. 9AU4' GaSiPgS. [C46]nn r S +e he installed ,.within the rel,. way sentinn of n pFGjeGt
14 must be Iooa+ed at a depth At Inns+ six pehes belo�e, the ho+ +em ele"at'n of the
15
16 the 'p+ersest'en of the Fight of Way I'n nd the In+ I'p I Mless a ed by the ntv
17 r his des'g ant to seetiop 10 n7 nn of the Land De"elepmen+
18
19
20 y,h'oh must be pinned after n ple+ of the roadway stab'I'Zat'n end p Will
21 have its methed of 'nstallat'o ed by the n my manager or his deSig
22 16. Wat^mv ;agemep - ,{C47]
23 a. Qnone n n plete s+ormuiater m en+ system will ben "ided fer all a
24 Atth'nthhe swhdivisiGn er- develop en+ nnl „dlpn IGts Ts e d alleys.
25
26 GE3vdes nd ord'n ens Cn +h Clnrida ter a+nr Management min + „IeQ.J
27 reegulrati ORS -PUrs -,n+ to F.S. nh 373 nd Ehapter 17 nn -end title 40E Pr�da
28 AdmiRiStF@tiVe fade end aRy ether effented state and federal e r les
29 nd regulatiORS OR effen+ at the time of prelim subdiViGiOR plats hm's
30 i. Where stermwate [C48]
31
32 de „fit, sttc” FLARGff st be incQed P the — steFmwatep system
33 design.. The system must be des+gRed f F IGRg lfn Inv, GA-St m n+enanne
34
35
36
37 H Water en+ C49] areas
38 peppetuity aGGGFdiRg to the approved plans. Water maRagernent areas R49t
39 .
40 p Oafnfall an.J r puff grlforia 4C5o]The system must he designed for "design fleedd�
41
42 nrd -,egg With n ent Gelber re„nt., nd Cn,ith Clerida 1Alater nnanagemnn+
43 D St Gt gri�.iter«
44 1 ccri'e& C511nrtifi gial lakes and re +ep +ien basins ed art of a-
4
5 stem:lweter TeteRtiGR system far —o site water ep+ s+ be
46 des:g ;ed and; other
47
48
49 as+ to the e ,nty All lakes will he set hark from ab +tin eade,ays
15
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40 SGOHP and eresieR will be n v ideal as FequiFed by the .nhi m r h'c
41 des;—
42 f. Re-GI-giddP-
43 ,
44 Feadways w II net be .desig ed c as +n a the o n{fl..nn+ !GWer'n of +ho
45 water levels existing in +hen pFier to deyelepMeRt Roadside s ,ales nerd
46 ditches may be peFFRitted WithIR street rights of wheFe the use of
47 ra;dSid° inleG n n be just fied to the G Unh, m F his .deSig
48 through a ,Fitton r eF+ n Ford by the appl'nan+'S nrnfessie al o
49 Swales- "where peFmissible, wl11 have Side GlGpeS n steeper +haR fn r +9
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nd intent vieea a ,tie nd... ....,. ,. ( .ode o
,.,...
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efie rind - -the Will + he I li'm'ed +^ �� fi, +h^ stn"', ^ .�...
- 4,�rr•;�vcv � �,7-- �„ �scv ,,,- r.,crrc��"�.s�-- �,vrcn„c�.
.. its of a prejeGt'S .Raster water m eRt system. Urhere flew
4
5
6 must be provided with permanent eFOSiGR preteGtOOR, -sursh as native
7 vegetatmeR A-F turf. 8,00—ale ditehes ;.A.411 be sedded, spNgged OF seeded —a
8 lateral distanoe ev+eRdiRa frem the road n eR+ +o the top of the s ,ale
9 ditch ba;Gk6lepe. Where valley guttered- seet+oas are used fef
10 draiRaneway6 +, Ff RreteR +ioR m a+ be planed frem the edge of the gutter to
11 the outer limi ts of the Fight of way. If seediRg is utilized, then ry dehlRg iR
12
13 FeqUiFed. ndditinnall, if seediRg and M61IGh*RO a utilized +her, a s+rila of
14 ed e e feet vAde ..,ill be Rlased along +he faro of the n eR+ o rh
15 sec tion and nypr the iR.,n rF of any annreyed 6wale see+ioR .. yith'R the FUR
16 flewwa., All s .ales o„hiee+ tee eleni+ies ...:1111 hayes adequate e
17 .
18 H i2Wcyo -z _ s�aIe a h Co- Driveways a^rev°rpv�rmr' +t °d Swar I ° �d�''+
es
19 must have Rlased benea th them dFaiRage pipes of adequate size Rd type
20
21
22 de elonmeRNs master water m eR+ system.
23 g. Street drainage. StFeetdFaiRage witNn the Fead -Fight of way through gFassed
24 6walti 6 j +f
ral GFOSS eo ens oRly a eat where . eleGitie^ i
25 ef fe-ur feet R eRd a aRtio'oated The Flow frem these ales e
26 ether types of drainage faolli+ies will he dA,eded +o Rat, oral n sela +ieR a
27 at� r i _if. n a _vial s a ha ^iRG n aFtifo'ol lakes of at least c, fF n'eR+ a a'+., +e Gem*
28
L9 nisi +rig+ Other equally effective methods of re+,irnfRO oleaRSed .,;esters +e +hn
30
31 or his de
s
32 i Ex;6tiRe Rn+, rnl IaLe m , be used as de +eR +inn a pFevided that they
33 have adequate storage s , ty and that RretreatmeRt measures appFeved
34 by the o ,Rtv m r his desie are to Len to n eat Roll +a n+
35 matter frem entering the lake. oeai +i.,e e„ +fan drainage faair +ies will be
36 pFevided away frem all R eela+ieR n seepage basin dete R +ion aFeas
37 and artificial lakes to handle the Reff frem s +arms Whiob exGeed +he
38 reclOred des iaR +arm a ant in duFatien andre. seveFity.
39 h. Reree/aOA_P ar he sta ea reed will depeRd aR thepeFG Ike
40 fer the sells at the s cifio si te and +hem ,.,hich the s' +e 's deyelRROd iR
41
42
43
44 .
45 i. b e g Rage. Where drainage �lans�rovid^ f ^r ^r It
46 dir eGted by the `OURty m4 er r deli Ree the nnllectiOR of st..rm.:at^.r 'R
47 her a r„ ,+e„ a s fare a to
48 9 Rterrneddiaratee o I +'.Rate e, +fall the faun, ; R MiRimum deli criteria will be
49 ^hL°^,^Pd_
17
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Text
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stFikethF96igh is GUFFt!f!te
.d,......„w . „ r..a„
and
OF Felli%d
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1 The within
2 eelleetieg c .cte... ...i 11 he 9F5 inehes
in diameter -
3 lnlets ill be spaced at such ORtep,46
and OR sue; aFnaT ReF to al!Gw
4 fer the aGGeptaRGe of 100 n
en+ of the +en yeaF, a heur r.+
5 r, iAAff
6 (iii) The dista� i betty +
t T .eon cerminating
c +n r+ � c+
and intermediate
7 net e *seed these regdired
by — the — PGFida Depal:,;,eRt e#
8
9 ..,..'Rage Ma ual, ,,.,l,.mes 1
� (1987 ed4ieR er latest re„iGien�
10 (iv) The stermwater, uRdeFgFeuRd
selfestieR system, m6l6t be se de6*gped
11
.. c nev°
12 cMrm R.&..+ :� . ever higher than
+he n �.. elevation of n hl,rl..
.. �.. rn...g rn. e
13 maintained ree,+wa n the system.
14 (N) The pipes must he designed tom
ediment de 6'tS
15 (vi) The pipe eteriel6 Ml Ict meet
the ntc Get ferth in eet'e
16 A42 Q4A i el ^ci..e eF the GUFFeRt
editiGR gf the Cl^r r'e Denertmen+ of
17
18 ORIY GGRGFete pope
er ether pope Fnatel:bls approved by
19 the e mty m r hic der,igge
may he used OR tidal a alt
20 wateFs.
21 A.ii\ All dF inane n -st he fiHe.t
..:+h headwalls, endwall iRlets pd
22 a +her ennrenriete terminating and
intermediate StrUe+U r
23
24 dependent open the sell eharaeteristiG
undeFlyi;g he— deyelepFneRt OF
25
26 petroleum residues, oils, saspeaded
sel;ds and ether — � ^elllwtants feu Rd--in
27 C}ermu.ater r neff The ... -then of treatment
..dll he determined by the a el'ee..t S
28 p,ofesSlonal engineer — 1— R.s+ble— fe.F
the Preparatien of the .+erm..gter
29 eg+ plans and c eifiGatienc and
will he 6 uhieet to the a al of the
30 GeURty m r his designee an.+ the
a Red state a .
31 [els581# # # # # # # # #
# # # # #
32 #
18
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Te.A striketh FOUgh iS GUFFeRt te)d to He deleted
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LDC Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Caroline Cilek, Senior Planner, Operations and Regulatory Management
DEPARTMENT: Growth Management Division
AMENDMENT CYCLE: N/A
LDC SECTION(S): 10.02.03 F
CHANGE: To include a new process to allow for deviations for a site development plan, site
improvement plan, or a site development plan amendment. The deviations shall be approved by
the Hearing Examiner through a quasi-judicial process.
REASON: The Growth Management Division has identified the need for a new land use petition
type to address conflicts and constraints associated with redevelopment projects. The term
redevelopment refers to renovation, restoration, or remodeling of a building or structure, or
required infrastructure, in whole or in part, where the existing buildings, structures or
infrastructure were legally built and installed.
Currently, the LDC allows for several forms of relief from the standards, with justification,
including: architectural deviations, exemptions from parking requirements, and landscaping
alternatives. However, these forms of relief are not applied holistically, but rather with multiple
applications. As Collier County continues to redevelop, especially in the urbanized area, a land
use petition that addresses all development standards at once will provide for an efficient and
economically viable redevelopment review and approval process.
Following a review of land development codes in Florida, County Staff proposes adapting the
City of Naples' Site Plan with Deviations application and process to accommodate
redevelopment in the County. The City of Naples' Site Plan with Deviations is a land use
petition which allows an applicant to request specific deviations from the City' Code of Laws
and Ordinances. The Site Plan with Deviations grants dimensional deviations and can be
employed for projects that comply with all zoning requirements, including density, permitted and
conditional uses, and which are consistent with the City of Naples' comprehensive plan.
The Site Plan with Deviations was implemented by the City of Naples in 2008 and since that
time numerous projects have been reviewed and approved. A snapshot of a recent site plan with
deviations project is provided below.
1. Recently Completed Project: Naples Plaza, 1901— 2175 9th Street North, Naples, FL
The Naples Plaza was originally built in the early 1960's and is a nonconforming site. In
2011, the City of Naples approved the redevelopment project which included
demolishing the existing Publix and former Walgreens buildings, rebuilding the Publix,
and providing fagade improvements for the entire plaza. In addition, other site
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enhancements were provided. The applicant requested several deviations, including:
decreased rear building and sign setbacks, increased the lot coverage, a reduced number
of parking spaces and sign and wall dimensional variations.
In the Staff Report provided to the Planning Advisory Board, Staff recommended
approval of this project because it improved the site conditions and the deviations granted
were to assist with the existing nonconformities that were site specific. This project was
approved by the City Council in the fall of 2011 and is recently finished construction.
Several recent projects in Collier County may have benefited from similar process. An example
is provided below:
1. Proposed Project: Dunkin Donuts, 3091 Tamiami Trial E, Naples Florida
In 2009, the applicant sought a site development
plan amendment to redevelop an existing fast food
restaurant property and open a Dunkin Donuts
along U.S. 41, between Airport Rd. and
Shadowlawn Dr. The building had been vacant for
over a year and the existing features were
nonconforming. Some of the nonconforming
features included reduced sidewalk widths, an
inadequate number parking spaces, transportation
circulation and ingress /egress complications, and
reduced landscaping and architectural standards.
Photo Caption: Proposed Dunkin
Donuts location, source: Google Earth.
The proposed Site Plan with Deviations petition provides an opportunity for the applicant
to request relief from several of the existing nonconforming site features. For example, a
reduction in parking spaces, reduced sidewalk widths, and architectural standards can be
addressed through a Site Plan with Deviations petition. In many instances, the LDC does
not provide relief, apart from a variance, for certain standards, such as nonconforming
sidewalk widths. The Site Plan with Deviations provides this opportunity through a
formal and public review process. However, it is important to note that some site
constraints will continue to prevail.
In this instance, the Florida Department of Transportation and County transportation
policies identified that direct access to U.S. 41 was unavailable to the proposed Dunkin
Donuts. This access was deemed a necessity for the entity and the project was not
pursued. The site remains vacant today. However, combination of deviation approvals,
such as relocating buffers, a reduction in parking requirements, allowing additional
directional signage, and an interconnection with the neighboring property provides an
opportunity for this parcel to be redeveloped.
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FISCAL & OPERATIONAL IMPACTS: The development of a Site Plan with Deviations
petition would allow for current administrative waivers or exemptions to be consolidated into
one form, process, and fee. To accommodate the review of a petition which includes one or more
exemptions, waivers, or deviations, Staff proposes an in -house independent study be done and
the fee schedule updated. The study would include identifying the number of exemptions,
waivers, or deviations currently reviewed by Staff.
The proposed petition and process would expand and streamline the existing procedure for
redevelopment projects. Therefore, it is foreseeable that it would be an advantageous petition for
developers who wish to revitalize an existing improved site within Collier County.
RELATED CODES OR REGULATIONS: LDC section 10.02.03 and the Administrative
Code.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE:
Prepared by Caroline Cilek, Senior Planner on August 14, 2013
Amend the LDC as follows:
F. Site plan with deviations for redevelopment Droiects.
1. Purpose. A site plan with deviations shall provide a means for a redevelopment
project to seek dimensional deviations, excluding height, architectural deviations,
and deviations from site features, such as but not limited to, landscaping,
parking, and buffers, from the standards established in the LDC when the
passing of time has rendered certain existing buildings, structures or site
features nonconforming.
2. Applicability. A site plan with deviations may be requested for the redevelopment
of a site which meets the criteria for a site development plan, site development
plan amendment or a site improvement plan as established in LDC section
10.02.03. Except for the requested deviations, the site development plan or site
improvement plan shall comply with LDC section 10.02.03. For purposes of this
section, "Redevelopment" shall mean the renovation, restoration, or remodeling
of a building or structure, or required infrastructure, in whole or in part, where
the existing buildings, structures or infrastructure were legally built and
installed.
3. Application. The Administrative Code shall establish the process and submittal
requirements for a site plan with deviations for redevelopment projects
application.
a. Requested deviations shall be clearly delineated and justified in the
petition. Project enhancements to offset or minimize the deviations shall
also be clearly stated.
b. Projects subiect to the provisions of LDC section 5.05.08 shall submit
architectural drawings that are signed and sealed by a licensed architect
registered in the State of Florida.
C. The site construction plans shall be signed and sealed by the applicant's
professional engineer, licensed to practice in the State of Florida.
d. The landscapinq plans shall be siqned and sealed by the applicant's
landscape architect, registered in the State of Florida.
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1 e. The survey shall be signed and sealed by the applicant's professional
2 surveyor and mapper, registered in the State of Florida.
3 4. Staff review and recommendation. Based upon evaluation of the factors set forth
4 in LDC section 10.02.03.F.8. County Staff shall prepared a report containing their
5 review findings and a recommendation of approval, approval with conditions or
6 denial.
7 5. Public notice. Public notice of the hearing shall be as required by the LDC
8 section 10.03.06 Q and Chapter 6 of the Administrative Code.
9 6. Public hearing. The Hearing Examiner shall hold at least one public quasi -
10 judicial hearing to review the proposed site plan with deviations.
11 a. Review. The Hearing Examiner shall hear the petition following receipt of
12 the staff report and application by the Office of the Hearing Examiner. At
13 the public hearing, the Hearing Examiner shall consider the applicant's
14 justification for the requested deviations, the staff report, the standards of
15 approval and any other relevant testimony and evidence.
16 b. Decision. The Hearing Examiner shall render a decision to approve,
17 approve with conditions, or deny the requested deviations within 30 days
18 of the public hearing. If approved, or approved with conditions, the
19 decision shall specifically note the deviations and the basis for their
20 approval. A decision by the Hearing Examiner shall be rendered prior to
21 the issuance of the approval letter by the County Manager or designee for
22 the site plan.
23 7. Standards for approval. The petition shall be reviewed for consistency with the
24 following standards:
25 a. Land uses and densities within the development shall be consistent with
26 the permitted and approved conditional uses in the zoninq district.
27 b. The proposed development is consistent with the Growth Management
28 Plan.
29 C. The development shall have a beneficial effect both upon the area in
30 which it is proposed to be established and upon the unincorporated area
31 as a whole.
32 d. The total land area within the development and the area devoted to each
33 functional portion of the development shall be adequate to serve its
34 intended purpose.
35 e. Streets, utilities, drainage facilities, recreation areas, sizes and yards.
36 architectural features, vehicular parking and loading facilities, sight
37 distances, landscaping and buffers shall be appropriate for the particular
38 use involved.
39 f. Visual character of the project shall be equal or better in quality than that
40 required by the development standards for the zoning district. The visual
41 character of the project shall be better in quality than the existing project
42 before redevelopment and after it was first permitted.
43 g. Areas proposed for common ownership shall be subject to a reliable and
44 continuing maintenance guarantee.
45 h. Deviations shall be clearly delineated in the petition and shall be the
46 minimum required to achieve the goals of the project and comply with
47 these standards.
48 i. The petitioner has provided enhancements to the development.
49 j. Approval of the deviation will not have an adverse effect on adjacent
50 properties.
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VAe.
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1 8. Timeframe. Time limits for site plans will be pursuant to the LDC section 10.02.03
2 H.
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I:\Admin Code 2012 \13CC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for HEX 8 10 00
and site plan with deviations for 0924 \10.02.03 F Site Plan with Deviations for Redevelopment 082413.docx 8/29/2013 8:36:24 AM
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1 Section 8.10.00 — Hearina Examiner
2 A. Establishment and Powers. The Board of County Commissioners established the Office
3 of the Hearing Examiner by County Ord. No. 2013 -25, as it may be amended from time
4 to time, with the bowers and duties set forth therein.
5 B. Role on Planning Commission. The Hearing Examiner may sit as a member of the (Comment [Al]: Amended per the County j
6 Collier County Planning Commission as long as the Planning Commission serves solely Attorney 091713 ,
7 in an advisory body capacity to the Board of County Commissioners. While a Hearing
8 Examiner is employed by the County, all powers and duties expressly granted to the
9 Hearing Examiner, either through the Collier County Hearing Examiner Ordinance (No.
10 2013 -25, as may be amended) or through future resolutions, preempt the Collier Countv
11 Plannina Commission, or the Board of Zoning Appeals, as the case may be, with respect
12 to the established procedures set forth in the Collier County Land Development Code.
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I:\Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec
Summ for HEX 8 10 00 and site plan with deviations for 0924 \Section 8 10 00 - Hearing
Examiner amended 091713.docx9/17/2013 3:12 PM