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Agenda 05/11/2005 LDC COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ tì:~ LDC AGENDA May 11,2005 5:05 p.m. SPECIAL MEETING NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY 1 May 11, 2005 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 3. ADJOURN 2 May 11,2005 COLLIER COUNTY Board of County Commissioners Proposed LDC Amendments For 2005 Cycle 1 Wednesday, May 11, 2005 at 5:05 p.m. _._-_....-...._-_.,.--~.. Department of Zoning and Land Development Review ~--- -.--- --~_.- Collier County Board of County Commissioners 2005 Cycle 1 Land Development Code Proposed Amendments INDEX TO TABULATED NEW AMENDMENTS Landscaping & Vegetation I 4.06.04 Vegetation Removal and Site Filling 4.06.05 Tree Replacement Fund Affordable Housing 1. 1.02.08 Affordable Housing & Workforce Definitions 2. 2.06.03 Affordable Housing Density Bonus (AHDB) Comprehensive 2.03.07 TD Rs in Overlay Zoning Districts 2.03.08 TDRs in Rural Fringe Zoning Districts 2.05.02 Density Blending 4.08.05 Baseline Standards for Rural Lands Stewardship Area 10.03.05 Neighborhood Informational Meetings Raw Water Wells I 3.06.06 Wellfield Protection Special Treatment Overlays Various Steamlined Regulations for Raw Water Wells ......-... DUM Community Development & Environmental Services Division Department of Zoning and Land Development Review To: Board Members and Staff From: Susan Murray, AICP, Director, Zoning Department Catherine Fabacher, LDC Principal Planner Date: May 5, 2005 Subject: LDC Amendments Cycle 1,2005. Please review this transmittal memo carefully as it contains directions on how to find information in this packet. Attached please find the draft amendments to the Land Development Code for Cycle 1, 2005. For organizational purposes and ease of use, the amendments have been divided into three separate packets, each with its own standard summary sheet. Each packet is divided by its own summary sheet and an explanatory page preceding the summary sheet. The first packet consists of amendments to the LDC regulatory language including new language proposed for addition to the LDC. The adoption of these amendments by the Board of County Commissioners will result in regulatory change. The second packet is comprised of those amendments that are necessary to correct omissions and incorrect citations in the existing code as a result ofthe Fall, 2004 re-codification process. These amendments do not result in regulatory change. The third packet consists of amendments to existing text made for clarification purposes, mostly as a result of the re-codification process. These amendments do not result in regulatory change. It is suggested that if review and discussion time is of importance, that you read over the first set of amendments which result in regulatory change, as the remaining packets consist largely of "clean up" matters as a result of the re-codification process. Recommendations from the DSAC subcommittee, DSAC committee and the CCPC are provided to the extent they were able to review them. There were certain amendments that were not reviewed by the subcommittee; however, final action was taken by the full committee. There were also amendments that were purposely not reviewed by the EAC. Lastly, Catherine Fabacher has accepted the position ofLDCPrincipa1 Planner, replacing Russell Webb. I have handled the LDC amendment process through Cycle 1,2005, while Catherine becomes familiar with the process; however, Catherine will take over responsibility for the LDC Amendments beginning with the Cycle 2, 2005. You may begin submitting any proposed amendments to Catherine at CatherineFabacher(â),colliergov.net, or you can call her at 403-2322. Should you have any questions or concerns, please let me know. Thank you as always for your time and energy you put forth in reviewing these documents and we look forward to discussing their contents in detail at the LDC scheduled public hearings. For your convenience I have copied the LDC Cycle 1, 2005 schedule below: March March 2 March March 1 q April May 11 June 8 9:00 a.m. 3:30 p.m. 3:00 p.m. 5:05 P'Ill' 5:05 p.m. 5:05 p.m. 5 :05 p.m. EAC DSAC Wednesday Wednesday Wednesqay Wednesday Wednesday Wednesday CCPC BCC BCC ~~ ~~ <z ~< ~= ~u ~~ ~o o~ z< ~ 9S z ~~ ~ ~~ ~ ~ ~. ~~~< ZO~Z ~r:J'l=~ ~~~r:J'l <>z~ ~~~~ = ~ ~ ~ ~~~r:J'l r:J'l~~~ ~zr:J'l= ~ ~ ~ u ~~~= r:J'l""'<~ E-4~=~ ~~~~ ~~r:J'l~ =~~< r:J'l~Z~ ><~~ ~cj~~ ~~~~ ~~~~ ~~~~ ~~<o z ~~ ~ r:J'l~ ~ ~~ ~u .~ r:J'l~ E-4~ Zz ~~ ~~ ~r:J'l z~ ~~ ~~ <~ -+-' Q) Q) ....!:: CZ) ~ 8 8 ;::::S CZ) .. ¡;.;¡ ~ U ~ U I rn ~~ 5 Š 8"'0 "'0 ¡::: ¡::: Q) Q)~ ~ ~ Q) Q) -gZ u -+-' ¡::: Q) 8 0.. o ...- Q) :> Q) Q "'0 § .....:¡ L.r) o o N OD .5 8 "'" ~ ~:I: U U ÇQ OD .S 8 ~ ~ ~:I: u u ÇQ = .9 .... ('j u"O ~ ß u 8 u 8 o u <I) P::: = o .~ u"O < ß r:/)8 o 8 o u ~ <I) ~ = .... 0 ê~ o = U <I) ~ ê u 0 < ~ r:/)P::: o = .9 .rg u = < <I) ~ ê o u ~ .... 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Q) ;> Q) Q ~ § ,....:¡ lr) o o N bl) .S -c ;;¡ " (l) ('1:I: u u ¡:Q ¡:: o '"ª u"'O ¡:l., ¡:: U (l) u ê o u ¿¿ I:: o .~ u"'O <e: ~ ~ ê o u ¿¿ (l) (l) t: ¡:: .- 0 r~ 0"'0 u ¡:: ,.D (l) b5 ê u 0 u ~¿¿ o ¡:: o .~ u""2 <e: Q) ~ ê o u ¿¿ u § O'P ...:¡ ~ r:./) M I"""i LDC Amendment Request ."- ORIGIN: Community Development and Environmental Services Division AUTHOR: Cormac Giblin, Housing and Grants Manager DEP ARTMENT: Financial Administration and Housing AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDCPAGE: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: CHANGE: Separate and clarify the definitions of Affordable Housing and Workforce Housing REASON: Clarification FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created on April 20, 2005 (date) at 4:40 (time) Amend the LDC as follows: 1.08.02 Defmitions Housing, affordable: One or more residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent or less (for very low income), or 50 percent to 80 percent (for low income), or 80 percent to 100 percent (for moderate income) of the median adjusted gross annual income for the household as published annually by the u.s. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.05.02) The term affordable housing includes workforce housing '.vhich is limited to owner occupied housing with a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount 'Nhich represents 50 percent to 100 percent of the median adjusted gross annual income for the household a:; published annually by the U.S. Department of Housing; and Urban De'/elopment within ':h8 Naples Metropolitan Statistical .^.rca (MSA). (See section 2.05.02) Housing. workforce: One or more owner-occupied residential dwelling units with a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent to 80 percent of the median adiusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.05.02) CD LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Stan Chrzanowski DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDCl: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: N/A - new language CHANGE: Defining pervious area for parking in areas other than enclosed structures. REASON: To ensure that vehicles are parked in appropriate areas and on appropriate materials. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC section 4.05.03 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: p.m. This version was created on January 5, 2005 at 5:20 Amend the LDC as follows: 1.08.02 Definitions CD 3/ 3/05" LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC 2:19 LDC SECTION: 2.03.05 Open Space Zoning District LDC SUPPLEMENT #: 2 CHANGE: Implementing provIsIons for the update, clarification and corrective GMP amendment for the RLSA and RFMU (Final Order) related "glitch" amendment CPSP-2003-11 adopted by the BCC on October 26, 2004. REASON: Required LDC to implement the "glitch' amendments FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Sections 2.03.07;2.03.08; and 4.08.00 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This draft provided by Marti Chumbler, Esq., Carlton Fields, P.A. This version dated February 1, 2005. Amended April 25, 2005. Amend the LDC as follows: 2.03.05 Open Space Zoning District A. No change. B. No change, 1. Allowable uses. The following uses are allowed in the CON District, a. Uses permitted as of right. (1) - (7) No change. (8) Oil and gas exploration subject to applicable federal and state drilling permits and Collier County non-environmental site development plan review procedures. 0- \::\\ TAL'540923.2 ~ Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.e., as such rules existed on .2005 (the effective date of this Drovision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), FA.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30 F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a) 1 through 12, F.A.C. (9) No change. b. No change. c. Conditional uses. No change. (1) Oil and gas field development and production, subject to aDDlicab1e federal and state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 14, 2005 regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.e., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)1 through 12, FA.e. (2) - (4) No change. No change. 2. TAL#540923.2 Œ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC 2:33 LDC SECTION: 2.03.07 Overlay Zoning Districts LDC SUPPLEMENT #: 2 CHANGE: Adding implementing provisions for three (3) new TDR bonuses outlined in the GMP amendment CP-2004-4 transmitted by the BCC to the DCA for Objection, Recommendations, and Comments (ORC) on January 25,2005. REASON: The GMP amendment is the result of a joint petition CP-2004-4 of the CBIA, The Florida Wildlife Federation, Florida Audubon and County staff at the direction of the BCC. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.03.08 Rural Fringe Zoning Districts GROWTH MANAGEMENT PLAN IMPACT: Implementing LDC for TDR bonuses to be adopted in June 2005. OTHER NOTESNERSION DATE: Draft provided by Marti Chumb1er, Esq. of Carlton Fields, P.A. This version dated February 1,2005, and modified April 5, 2005 and Apri121, 2005 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts A. - C. No change. D. Special Treatment Overlay "ST". 1. - 3. No change. 4. Transfer of àDeve10pment Rights (TDR). TAL#540912.1 e3J 4/107 JoC;- a. - b. No change. c. TDR credits from RFMU sending lands: General Provisions i. Creation of TDR credits. a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres of RFMU Sending Land or, for those legal non-comorming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR credit per legal non-conforming lot or parcel. b) For lots and parcels 5 acres or larger, the number ofTDR credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR credits generated. Where the number ofTDR credits thus calculated is-a fractional number, the number ofTDR credits created shall be rounded to the nearest 1/lOOth. Ü. Creation ofTDR Bonus credits. TDR Bonus credits shall only be generated ITom RFMU sending land property from which TDR credits have been severed. The three tyPes TDR Bonus credits are as follows: a) Environmental Restoration and Maintenance Bonus credits. Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each IDR credit severed ITom that RFMU sending; land for which a Restoration and Management Plan (RMP) has been accepted by the County. In order to be accepted. a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall comply with the criteria set forth in 3.05.08.A. and B. 3) The RMP shall provide financial assurance. in the form of a performance surety bond or similar financial security. that the RMP shall remain in place and be performed. until the earlier of the following occurs: a. Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP. b. The property is conveyed to a County. state. or federal agency as provided in b) below. 4) The RMP shall provide for the exotic vegetation removal and maintenance to be performed by an environmental contractor acceptable to the County. b) Conveyance Bonus credits. Conveyance Bonus credits are generated at a rate of 1 credit for each IDR credit severed ITom that RFMU sending land that is conveyed in fee simple to a federal. state. or local government agency as a gift. Conveyance Bonus credits shall only be generated from those RFMU sending land properties on which an RMP has been accepted as provided in a) above. TAL#540912.1 ø TAL#540912.1 c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed ftom RFMU sending land for the period from March 5. 2005. until three years after the adoption of this regulation. Early Entry Bonus credits shall cease to be generated after the tennination of this early entry bonus period. However. Early Entry Bonus credits may continue to be used to increase density in RFMU and non-RFMU Receiving Lands after the termination of the Early Entry Bonus period. ill. Calculation ofTDR Bonus credits. a) Environmental Restoration and Maintenance Bonus credits are calculated as follows: # TDR credits generated ftom property x % -property subiect to an approved RMP b) Conveyance Bonus credits are calculated as follows: # TDR credits generated ftom property x % property subject to an approved RMP and conveyed as provided in ü.b) above. c) Early Entry Bonus credits are calculated as follows: # TDR credits generated within Early Entry period x .L it; iv Receipt of TDR credits or TDR Bonus credits ftom RFMU sending lands. TDR credits or TDR Bonus credits from RFMU sending lands may be transferred into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands, as provided in Sections 2.03.07. (4)(d) and (e) below. ffi.: v. Prohibition on transfer of fractional TDRS credits and TDR Bonus credits. While fractional TDR credits andTDR Bonus credits may be created, as provided in (ii) above, TDR credits andTDR Bonus credits may only be transferred from RFMU sending lands in increments of whole, not fractional, dwelling units. Consequently, ftactiona1 TDR credits and fractional TDR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Reœiving lands. Ph vi. Prohibition on transfer of development rights. a) Neither TDR credits nor TDR Early Entry Bonus credits shall Bet be trafl:sferred generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property. with the exception of those TDR Early Entry Bonus credits associated with TDR credits severed from March 5. 2004, until rthe effective date of this provision). b) Neither TDR credits nor any TDR Bonus credits shall Bet be traflSferred generated from RFMU sending lands that were cleared for agricultural c0 TALjf540912.1 operations after June 19,2002, for a period of twenty-five (25) years after such clearing occurs. d. Transfer of development rights from RFMU sending lands to non-fÍÌJffi RFMU receiving areas. i. Transfers to urban areas. a) No change. b) Deve10pment-s which meet the residential infill conditions i) through v) above may increase the base density administratively through a Site development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU district Sending Lands. ii. Transfers to the urban residential fringe. TDR credits and TDR Bonus credits may be transferred from RFMU sending lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe at a rate ofto increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to 2.5 dwelling unit per gross acre. e. Transfers from RFMU sending lands to RFMU receiving lands. i. Maximum density on RFMU receiving lands when TDR credits are transferred from RFMU sending lands . a) No change. b) The density achievable through the transfer ofTDR credits and TDR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03.08 (A)(2)(a)(2)(b)(i) outside of rural villages and sections 2.03.08 fAt"f2t"W,,(3)(b) and 2.03.08 fAt"E2)"W,,(3)(c)(i) inside of rural villages. ii. Remainder uses after TDR credits are transferred severed from RFMU sending lands. Where development rights have been transferred severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 AA.b. f. Procedures applicable to the severance and transfer of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. i. General. Those development-s that utilize such TDR credits or TDR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. ill The transfer severance of TDR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require ~ further approval of the County if the County determines that information demonstratin!.! comD1iance with all of the criteria set forth in ii.a) below has been s submitted. However, those development-s that utilize such TDR credits and Early Entry Bonus credits are subject to all applicable pertn@roval requirements of this Code, .....- TAL#540912.1 including but not limited to those applicable to site development plans, plat approvals, PODs, and DRls. b) The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the County of a RMP. ii. County-maintained central TDR registry. In order to faci1itate- the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry of all TDR credit and TDR Bonus credits purchases, sales, and transfers, as well as a central listing of TDR credits and TDR Bonus credits available for sale and purchasers seeking TDR credits or IDR Bonus credits. No IDR credit and IDR Bonus credit generated :&om RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) No change. i) No change ii) a title search, or other evidence, @8taèli8mng sufficient to establish that~ prior to the severance of the TDR credits from RFMU sending lands, such Sending Lands were not subject to a conservation restriction or anv other development restriction that prohibited residential development; iii) - v) No change. vi) documented evidence that. if the mODertv from which TDRs are bein1! severed is subiect to a mort1!a!!e. lien. or anv other security interest: the mortlla!!ee. lien holder. or holder of the security interest has consented to the conservation easement reauired for TDR severance. b) IDR Bonus credits shall not be used to increase density in either non- RFMU receiving areas or RFMU receiving lands until a IDR credit certificate reflecting the IDR Bonus credits is obtained from the County and recorded. 1) Early Entry Bonus credits. All IDR credit certificates issued by the County for the period from the effective date of this provision until three years after such effective date shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit or each IDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision. the County shall. upon receipt of a copy of the TDR credit certificate reflecting those previously severed IDR credits. issue a IDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed IDR credits. 2) Environmental Restoration and Maintenance Bonus credit. A TDR certificate reflecting Environmental Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sending lands from which the Environmental Restoration and Maintenance cj) TAL#540912.1 Bonus credit is being: generated. Anv sending: lands from which IDR credits have been severed mav also be used for mitig:ation DroQI'amS and associated mitig:ation activities and uses in coni unction with anv county. state or federal Dennitting:. Where the Environmental Restoration and Maintenance Credit is aDDlied for sending: lands that are also being: used (title or easement) for mitig:ation fôr Dermits or aDDrovals from the U. S. Armv Corns of Erurineers. U. S. Fish and Wildlife Service. Florida DeDartment of Environmental Protection. Florida DeDartment of Environmental Protection. Florida Wildlife Commission. or the South Florida Water Man8.Qement District. the County shall acceDt as the RMP for the sending: mitig:ation lands. the restoration and/or maintenance reauirements of Dermits issued bv anv of the foreg:oing: g:ovemmental 8.Qencies for said lands. 3) Conveyance Bonus credit. A TDR certificate reflecting Conveyance Bonus credits shall not be issued until the County has accepted a RMP for the Sending Lands ITom which the Conveyance Bonus credit is being generated and such sending lands have been conveyed, in fee simple. to a County. state. or federal government agency. Ðt ç) A POO or DR! utilizing TDR credits or IDR Bonus credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the POO or DR! shall be approved, until the developer submits the following: i) documentation that the developer has acquired all TDR credits and IDR Bonus credits needed for that portion of the development that is the subject of the site development plan or subdivision plat; and ii) No change. et g} The developer shall provide documentation of the acquisition of full ownership and control of all TDR credits and TDR Bonus credits needed for the development and of recordation of the TDR credit and IDR Bonus credit Certificates for all such TDR credits and TDR Bonus credits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DR!. tit ~ Each TDR credit shall have an individual and distinct tracking number, which shall be identified on the TDR Certificate that reflects the severance of the TDR credit from RFMU 8øadiRg Land. The County TDR Registry shall maintain a record of aU TDR credits, to inciude a designation of those that have been expended. f) Each TDR Bonus credit shall have an individual and distinct tracking number. which shall be identified on the TDR Certificate and which shaH iòenúfv the spccific TDR credit associateà with the TDR Bonus credit. Tne County TDR RegistrY shaH maintain a record of ail IDR Bonus credits. to include a designation of those that have been expenòeò. C3J , , I!) The County bears no resDOnsibilitv to orovide notice to anv Derson or entity holdinl! a lien or other securitv interest in Sendinl! Lands that IDR credits have been severed from the oroDertv or that an aDolication for such severance has been filed. g. Proportional utilization ofTDR credits and IDR Bonus credits. Upon the issuance of approval of a site development plan or snbdivision plat that is part of a PUD or DRI, TDR credits and IDR Bonus credits shall be deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits and IDR Bonus credits. All PUDs and DRIs utilizing TDR credits and IDR Bonus credits shall require that the rate ofTDR credit and IDR Bonus credits consumption be reported through the monitoring provisions of sections 10.02.12 and 1O.02.07(CX1)(b) of this Code. TAL#540912.1 FINAL DRAFT: Bayshore Overlay CHAPTER 2 ZONING DISTRICTS AND USES 2.01.00 Generally 2.01.01 Purpose 2.01.02 Miscellaneous Structures 2.01.03 Essential Services 2.01.04 Polling Places 2.02.00 Establishment of Zoning 2.02.01 Establishment of Official Zoning Atlas "'"f:' 2.02.02 District Nomenclatures., 2.02.03 Prohibited Uses,;·j;t 2.02.04 Continuation of Provisional Uses :rj¡þ' <1~ "0 \, 2.03.00 Zoní . g Distriçts ~" 2.03.01 Residential Zoning Districts 2.03.02 Commercial Zoning Districts 2.03.03 Industrial Zoning Districts 2.03.04 Civic and Institutional Zoning Dist ts 2.03.05 Open Space Zoning Distriê~jæ 2.03.06 Planned Unit Development Glstricts 'ill, ..... 'ii' 2.03.07 Overlav Zonina District,' 'j:)4, /:~f<Y l£'" ~"\t: 2.03.08 Eastern landsl~b;ral Fringe;~onin~Districts 2.03.09 Districts undei'M'tatorium .;;, ';{ct . .~, 2.04';9.9 permít\ible, CoMditional, and Accessory Uses in Zoning Districts 2.04.01 Rules for Int~rpretatior't;pf Uses 2.04.02 Effect of Approvals Under the Zoning Reevaluation Ordinance '<'., '¡' 2.04.03 Table of land Uses in Eacl1 Zoning District ~"" ..... . 2.05.00 Density Standards 2.05.01'Qensity S~andards and Housing Types ~\'C:; 2.05.0~.D'eQ~~y Blending ,¡ "~;~'~;fÄ' .,'j;" .' ',~, ?06.ofßenerally'~~. 2.06.02 purpose and Intent 2.0c6~~3 ¡"'JiDB Rating System 2.06.00 Affordable Housing Density Bonus 2.07.00 Table of Setbacks for Base Zoning Districts 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM FINAL DRAFT: Bayshore Overlay I. Bayshore Drive Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. The purpose and intent of this district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small-scale mixed use development. This district is intended to: revitalize the commercial and residential development along this corridor; enhance the waterfront; encourage on-street parking and shared parking facilities and provide appropriate landscaping and buffering between the various types of uses; and protect and enhance the nearby single-family residential units. The types of uses permitted are low intensity retail, office, personal service and residential uses. 2. These regulations shall apply to the Bayshore Drive Mixed Use Overlay district as identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. ~ Garages and drivoways. a.,. The rear setback may be roduced to ten foet if a front access garage is constructod on tho roar of the residenco. I:h The maximum width of garage doors is 16 foot. G,- Only one drivoway is allowed per 50 linear foot of front property line. The maximum 'Nidth of the drivoway at the right of way lino is 18 foet. 4- Other than tho permittod dri'.'e\f.'ay, the front yard may not be paved or othorwico used to accommodato parking. e.,. Garages must be recocsed a minimum of three foot bohind the front facade of the primary residence. f.: No carports are permittod. §7 The dictance from the back of the sidewalk to the gar3ge door must be at least 23 feet to 3110'1.' room to p3rk a vehicle on the driveway 'Nithout parking over the sidewalk. Should the garage be cide loaded there must be 3t loast a 23 foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles 'Nill not interfere with pedestrian tr3ffic. ~ Neighborhood Commercial Subdistrict (NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be small-scale and pedestrian-oriented. 4. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. 5. Residential Subdistrict 1 (R1). The purpose of this subdistrict is to encourage the development of multifamily residences as a transitional use between commercial and single- family development. The multifamily buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. The intent is to create a row of ',ILDC_An"odm,ntsILDC Cyde 1 - 2005\2.03.07.1. Bayshace Overlay (mots () SM.dao2l1412OO5 2'22'00 PM 2 FINAL DRAFT: Bayshore Overlay ,- residential units with uniform front yard setbacks and access to the street. 6. Residential subdistrict 2 (R2). The purpose of this subdistrict is to encourage the development of multi-family residences as transitional uses between commercial and single- family development. The multi-family buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. 8. Residential Subdistrict 3 (R3). The purpose of this district is to allow the development of mobile home, modular home, townhouses and single-family residences. All new development in this subdistrict shall be compatible with the building patterns and facade articulation of traditional neighborhood design. The intent is to create a row of residential units with consistent front yard set backs and access to the street. a. Minimum LOT width: Single family: 40 feet. Modular homos: 10 feet. Townhouses: 25 feet. Mobile homes: 10 feet. Ð,. boundaries. Yard requirements. The following yard roquiroments aro in rolation to the platted proporty Front Yard /\.t Min. Side Yard Min. Roar Yard Ono (Single) Family 10 feet ã-feet ~ I. . Modular Dwelling 1 0 foot ã-feet ~ YRits Tovmhouse 1 0 foot o feat whon ~ /\.BUTTING another townhouse, if not then ã-feet Mobilo Homos 10 feet ã-feet &-feat 9. Residential Subdistrict 4 (R4) The purpose of this Subdistrict is the same as Residential Subdistrict R2 except only sinqle-family detached dwellinq units are permitted. .1Q,. Residential Neighborhood Commercial Subdistrict (RNC) The purpose and intent of this subdistrict is to allow limited home occupational businesses. 1L Residential/Art Villaç¡e Subdistrict (RIA V). The purpose of this Subdistrict is to allow certain appropriate home occupational uses oriented toward or supportinq a visual or cultural arts theme. and also which are compatible with, and capable of maintaininq or sustaininq a desired residential character. ----- 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 3 BMUD Map No.1 ~ -= FINAL DRAFT: Bayshore Overlay UU\ 00 I~ lL l I /~~~I' ---I.:.::: {" /1 d·..·..·.. I ~. ... ;::, ,::. ::::. .:.:; ....:.~ i..< :. '." '/' /. 1.':.:/ .i:·;;7: :,. :E..·.···.···...···E¡¡/~~¡.·.·~....,....... ,:>;>':. . .' .. ./ ,. >1(. '!{-~;;';;~j~j ,:" ........ '.':: ..... '" {~;:~.//,,%%;?-... :'.. .:(::.:;.:. //~I)o'~V// /// F/i:··:·.·.·:A <~sÞ..:: .;:;. .............. .,,'. }:)~y;?!;f'; '~ß~ :"'. ~~{ :.'. '.:. ..:":::::....: ',/~I.J9:R"/; P:Æ~k!~j ::..:.:.; '-'.': :::.:.: :;;~~.:':',.ê: ::: .. ;;'::.. ?/....;;//.//// ~~m">' .. PUD - ~.., ". ..~~~~~~J~~ /;~~. . ..:::../:. " 0::;~,.. / //0/~ :~~.;>/; I;;.: ... > ~~ Ir-.//<::<'y/.'/. ,Î.. /- /~. :'-:2/:::0::{Ø;;... .... fr, .......... ~.~.. '_i. :\%:: :!: ~ W$)1jíI~......: :¡.¡:;,;;;;;;;;.:,:,~/:ij//d~~ ..:.. ~ . ...... -t:--- "':. !iJll:t~ff",m.; .:'::/f~~/'''' /':: ::.';".:.:' ,~, ".: /:..:: ~ f¿;;,::;:;7j,;¿ff{" _ -~j / //WUI)óR1/ /// d ',Yd'/: .i:;::..:·. Jf:.' ::.., //"./~-/., J :::::....:...:....~.. ::.:·..;:.·i..:.:;::. .:.~.:;..:.:: :'::. ::..:~IfJ:/.~:~~: .\ ¡", ~~ . .:: :..... It I ,ÌIÍ.S~ %~~.:,: ::::;':/;'.: ·i ::.::.: .. ::. ..: u...'TCM~:-: - ..:/ ..... J. .,:.:....:,:: .:..::.:: ~. I:: ::/::::/.::..;.: t;;i. ·i:; . i-uri..... :.:::;:. '.. "":., -c.::: ...... ¡<. ...:; .':. :::.::.:':.':.: ..' . ........ i<. .. ..... :' .::::::.::...;:.... :::; .'::.': .::..;.....,. .:.:...:.:.:::\: :i:...:·.... EBôU~'~~~j - I ¡:...n~=tl i"lFl M , ~",~j r ~ 1 ~ 7 ~,J ¡ I r= ~"-, RMF-11 I MH ,,';: ~~l:l'~~W ,U , ,~uo= P ~ f-- IX, I~ ~ -- f- ,;. i///.....I·.~~.·... ~:; ~ ...,,'''.... . .·æ·:l ~ i t~='.",'\ ~ I.i-'-~< : II ~ '> " ,\ ~~ I ) - B8y8h..... Mixed Us. OYertSY District liliiii BMUD-ICC Mol!>_ CammercIoJ III!!i!iI BMUD.«NC_Ide~~ Ei2I APZ ~ Portdn Zo.. _ BIIUD-W __ C22I BMUD-R1 __'8_1 Em2I BMUD-R2 R8sIcIerdbII SubdIslr1ct 2 ~ E2'2I BMUD-R3 __'_"'IcU EZ2J BMUIWIA __8_c" EZ2J BMUD-RlAV _I Art VlII'1I" 8u.... o PUD-PIonned Un~DenI_ - .......... .> //..'/././'... '.'/. ......., . / , .':- ~ ~:'//'~<:-.:<: .' ......::~/» '.. . '/,..'// .' ..... .......... PIJD. . -. --t::II:UB_ ~:;/::..., /}~1 .;;>/ / [ I) ) I 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2/14/2005 2:22:00 PM 4 FINAL DRAFT: Bayshore Overlay 2.04.03 Table of land Uses in Each Zoning District Table 1. Permissible land Uses in Each Zoning District P = permitted - iã ~ (.) E = permitted with certain .¡: 'u - ... exceptions c::: .~ Q) W "C E > .c E :> Blank cell = prohibited (also 0 :;, - - U) N C"') ~ 0 w - . . (..) « see table of conditional and ..... ~ 0:: CI) en ¡¡¡ - . ~ "C g ::I ~ 0:: - accessory uses) "C .~ N C"') 0 0 c - - 0 (..) CI) - - - - - w - (.) (.) (.) (.) .c (.) (..) >< E (.) .¡: .¡: .¡: .¡: ... .¡: "ª This a recommended use by ¡ E .;:: - - - - 0 - ëñ - .~ .~ .~ .~ .c Û III the Consultant. w 0 .~ "C "C "C "C .c :c (..) "C :g > .c .c .c .c .c z .c 52 "C :;, :;, :;, :;, :;, Q) ~ :;, c 0 U) U) U) U) U) z U) w 0 - ¡¡¡ ¡¡¡ iã iã - ¡¡¡ .c cu (.) c::: ... c :;:; :;:; :;:; :;:; :;:; .;:: :;:; 0 0 ~ c c c c c: - C J: .c 't: CI) CI) CI) CI) Q) III CI) en .c CI) "C "C "C "C :2 :c "C >- CI- - ïii ïii ïii ïi) 1II.c ïii .- (..) cu <C Cl)z CI) CI) CI) CI) CI) :;, CI) land Use Type or Category! co z_ ~ 0:: 0:: 0:: 0:: 0:: U) 0:: Accountinq Services 8721 P P Administrative Service Facilities Adult Day Care Facilities & 8322 Centers Agricultural Activities Agricultural Outdoor Sales Agricultural Services 0741,0742,0752- 0783 Agricultural Services 0711,0721,0722- 0724, 0762, 0782, 0783 Agricultural Services 0723 Aircraft and Parts 3721-3728 Airport - General Aviation Amusement & Recreation 7911,7991 P Services Amusement & Recreation 7999 tourist P Services guides only Ancillary Plants Apparel & Other Finished 2311-2399 Products Apparel & Accessory Stores 5611-5699 P Appraisers Artist Studios: Paintina. ceramics/pottery. sculpture and .E .E photoaraphv Architectural, Engineering, 0781,8711-8713 P .E Surveying Services Assisted Livinq Facilities Attorney Offices & legal 8111 .E I Services 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2J14/2005 2:22:00 PM 5 FINAL DRAFT: Bayshore Overlay P = permitted - ëã E = permitted with certain ~ u .¡: .~ exceptions - 0:: .!!! Q w "'C E > JJ E > Blank cell = prohibited (also 0 ::s - - (/) N M ~ 0 w - I I U ~ see table of conditional and ..... ~ c::: Q en ëã - I ~ "'C "'C :;) 3: c::: - accessory uses) 0 '(j - N M 0 .... c ... - 0 u Q - - - - - w - u u u u .s:: u ~ >< E u ï:: .¡: .¡: .¡: ... .¡: .E. This a recommended use by :i E .¡: - - - - 0 - (/) - I/) .!!! .!!! .!!! .Q .!!! the Consultant. w 0 .!!! "'C "'C "'C "'C .s:: Õ "'C U "'C .2 > .Q .Q .Q .Q .Q Z .Q ã2 "'C ::s ::s ::s ::s ::s Q Ie: ::s C 0 (/) (/) (/) (/) (/) z (/) w 0 - - .s:: ~ ~ ~ ~ ~ u ~ a:: ... !: ; ; ; ; ; .¡: ; 0 0 0 !: !: !: !: !: - !: .Q ... Q) Q) Q Q Q I/) :I: 't: Q) en .s:: Q) :2 :2 "'C "'C :2 :c :2 C)- ë¡¡ ëii >- .- u - I/) I/) I/)JJ I/) <C Qz ~ Q) Q) Q) Q Q) ::s Q land Use Type or Categoryl a:I z_ 3: c::: c::: c::: c::: c::: (/) c::: Auctioneering Service, Auction 7389,5999 Rooms and Houses Auto and Home Supply Store 5531 Automobile Parking 7521 Automotive Repair, Services, 7514,7515,7521, and Parking 7542 Automotive Repair, Services, 7513-7549 and Parking Automotive Services Automotive Dealers and 5511,5531,5541, Gasoline Service Stations 5571,5599 Barber Shops or Colleges 7241 Beauty Shops or Schools 7231 P' Biking Trails Bowling Centers 7933 BuildinQ Construction 1521-1542 Building Materials 5211-5261 Building Materials, Hardware, 5231 - 5261 Garden Supplies Business Associations 8621 Business Repair Service Business Services 7311,7313,7322- 7331, 7338, 7361, 7371,7372,7374- 7346, 7379 Business Services 7311-7313, 7322- 7338,7361-7379, 7384 Business Services 7311,7313,7322- P 7338, 7384 Business Services 7311-7313,7322- 7338, 7361-7379, 7384, 7389 1 Except beauty school culture schools. cosmetoloqy schools. or barber colleqes 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 6 FINAL DRAFT: Bayshore Overlay I P = perm itted .... ëij S u E = permitted with certain .¡: 'u .... ... exceptions a::: .!!! () w " E > .0 E :> Blank cell = prohibited (also 0 ::J - - 0 C/) N M ~ W - ~ . u <C see table of conditional and ..... 0::: () en ëij - . ~ " ~ ~ 0::: - - accessory uses} " ::I .~ N M 0 0 c - - 0 u () .... .... .... .... .... w .... (.) u (.) (.) .s:: (.) U >< E (.) .¡: .¡: .¡: .¡: ... .¡: E This a recommended use by :æ E .¡: .... .... .... .... 0 .... ü) .... .!!! .!!! .!!! .!!! .0 Õ .!!! the Consultant. 0 .!!! .s:: w (J " " " " " .!2 " > .0 .0 .0 .0 .0 Z .0 it: " ::J ::J ::J ::J ::J () e: ::J c 0 (/) C/) C/) C/) C/) z C/) w 0 .... ëij ëã ëij .... ëã .s:: ca ca u a::: ... I: ;; ;; ;; ;; ;; .¡: ;; 0 0 0 I: I: I: I: I: .... I: ... J: .0 't: () () () () () I/) () en .s:: () " " " " :5! " " ~ C)- .... ¡¡¡ ¡¡¡ ë¡¡ ë¡¡ 1/).0 ë¡¡ .- u ca ()z ~ ~ ~ () () ::J ~ Land Use Type or Categoryl a:I z_ ~ 0::: 0::: C/) Business Services 7311-7352,7359, 7361-7397,7389 Business Services 7311-7353,7359 Business Services 7312,7313,7319, 7334-7336,7342- 7389 Business Services 7311 Business Services 7312,7313,7319, 7331, 7334-7336, 7342, 7349, 7352, 7361,7363,7371- 7384, 7389 Business Services 7311,7313,7322- 7331,7335-7338, 7361,7371,7374- 7376, 7379 Business/Office Machines Canoe Rental R Canoeing Trails Care Units Carwashes 7542 Category II Group Care Facilities Child Care - Not for Profit Child Day Care Services 8351 Churches & Places of Worship Civic and Cultural Facilities Collection/Transfer Sites Commercial Printing 2752 Communications 4812-4841 Communications 4812-4899 Communication Towers Construction Construction - Heavy I Construction - Special Trade 1711-1793, 1796, Contractors 1799 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts () SM.doc2l14/2005 2:22:00 PM @ 7 FINAL DRAFT: Bayshore Overlay P = permitted - ëii E = permitted with certain ~ (.) .¡: ë3 exceptions - ... 0::: .!!! Q) w "C E > .0 E :> Blank cell = prohibited (also 0 ::::I - c;;- o (/) N ~ W - , , (.) « see table of conditional and .... c:::: c:::: Q) C/) ëii - , ~ 't:I ~ "C ~ ë3 3: c:::: - - accessory uses) N M 0 0 c ... - - 0 (.) Q) - - - - - w - f.) f.) f.) f.) ~ f.) (.) ~ E f.) .¡: .¡: .¡: .¡: ... .¡: .E This a recommended use by E .¡: - - - - 0 - Ci) :¡¡ - .!!! II) .!!! .!!! .0 Õ .!!! the Consultant. 0 .!!! =ë ~ w (.) 't:I 't:I 't:I 't:I :2 "C > .0 .0 .0 .0 .0 Z .0 ë2 't:I ::::I ::::I ::::I ::::I ::::I Q) Ie:; ::::I c 0 (/) (/) (/) (/) (/) z (/) w 0 - ëii ëii ëii - ëii ~ ItS .!!:! f.) 0::: ... c: :;:: :;:: :;:: :;:: - .¡: :;:: 0 0 0 c: c: c: c: c: - c: .0 ... () () Q) Q) Q) II) () :I: 't: C/) ~ () :5! 't:I 't:I :5! :5! "C :5! 0)- ëii ëii >- .- (.) - II) II) 11).0 II) « Q)z ItS () () () () () ::::I () land Use Type or Categoryi m z_ 3: c:::: c:::: c:::: c:::: c:::: (/) c:::: Construction - Special Trade 1711-1799 Contractors Continuing Care Retirement Communities Depository Institutions 6011-6099 Depository Institutions 6011, 6019, 6081, 6082 Depository Institutions 6021-6062,6091, 6099,6111-6163 Depository Institutions 6021-6062 Drinking Establishments and 5813 Places Drug Stores 5912 DruQS and Medicine 2833-2836 Duplexes P P P Dwelling Units Eating Establishments and 5812 p" P,j Places Educational Plants Educational Services 8211-8231 Educational Services 8243-8249 Educational Services 8221-8299 Educational Services 8211-8244, 8299 Electronic Equipment & Other 3612-3699 Electrical Equipment Engineering, Accounting, 8711-8748 .E Management and Related Services Engineering, Accounting, 8711-8713 P .E Management and Related Services Equestrian Paths 2 Except concessions stands, contract feedinQ, dinner theaters. drive-in restaurants. food services ~institutional). industrial feedinQ. Ibid 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM @ 8 FINAL DRAFT: Bayshore Overlay I P = perm itted ... iii ~ (.) E = permitted with certain .¡: 'u ... ... exceptions a:: .!!l CI) w 1:1 E > .c E :> Blank cell = prohibited (also 0 :;, N M ~ 0 w tn - . I CJ ~ see table of conditional and ".. a::: a::: CI) rJ) iii - I ~ 1:1 1:1 ::;, 3: a::: - - accessory uses) .~ N M 0 ;;:; 0 c - - 0 CJ CI) ... ... ... ... ... w ... (.) (.) (.) (.) .c: (.) CJ >< E (.) .¡: .¡: .¡: .¡: ... .¡: R This a recommended use by :æ E .¡: ... ... ... ... 0 ... iñ ... .!!l 1/1 1/1 1/1 .c 1(3 .!!l the Consultant. 0 .!!l :c :c :c .c: w CJ 1:1 1:1 :2 1:1 > .c .c .c .c .c Z .c " 1:1 :;, :;, :;, :;, :;, CI) I~ :;, C 0 tn tn tn tn tn Z tn w 0 ... iii iii iii iii iii ... iii .c: c: (.) a:: ... ;:: ;:: ;:: ;:: ;:: .¡: ;:: 0 0 0 c: c: c: c: c: ... c: ... :I: .c 't: CI) CI) CI) CI) CI) 1/1 CI) rJ) .c: CI) "'C "'C "'C 1:1 :2 :c "'C ~ 0'1- ... ëii ëii ëii ëii I/I.c ëii .- CJ co Cl)z CI) CI) CI) CI) ~ :;, CI) Land Use Type or Categoryl co z_ 3: a::: a::: a::: a::: tn a::: Essential Services" P P P P P .E Excavation Fabricated Metal Products 3411-3479,3419- 3499 Fairqrounds Family Care Facilities Fishing Piers Fishing/Hu nti nqlTrappi nq 0912-1919 Fixture ManufacturinQ Food Manufacturing 2034, 2038, 2053, 2064,2066,2068, 2096,2098,2099 Food Products 2011-2099 Food Stores 5411,5421-5499 P Food Stores 5411-5499 Fraternal Organizations Funeral Services and 7261 Crematories Furniture & Fixtures 2511-2599 ManufacturinQ Gasoline Services Stations 5541, 5511-5599 General Contractors 1521-5261 General Merchandise Stores 5311-5399 P Glass and GlazinQ Work 1793 Golf Courses Government Offices/Buildings 9111-9222,9224- 9229,9311,9411- 9451,9511-9532, 9611-9661 Group Care Facilities Gunsmith Shop 7699 Hardware Stores 5251 Health Food Stores - 4 For requirements pertaininq to Essential Services. see 2.01.03 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2J14/2005 2:22:00 PM ® 9 FINAL DRAFT: Bayshore Overlay P = permitted - ~ E = permitted with certain >- (J <C .¡: (J exceptions ..J - .... 0: ,~ CI) W 'C E > .Q E :> Blank cell = prohibited (also 0 :::::I - - en N M ~ 0 w - I . () ~ see table of conditional and .... e:::: ~ CI) C/) (ij - I ~ 'C accessory uses) 'C =» '(j ~ e:::: - 0 - N M 0 - c .... 0 () CI) - - - - - w - (J (J (J (J .c (J .B. This a recommended use by () ~ E (J .¡: .¡: '¡: .¡: .... '¡: E .¡: - - - - 0 - ëñ :æ - .~ .~ III III .c .~ the Consultant. 0 .~ .c Û w () 'C 'C 'C 'C 'C ]. 'C > .c .c .c .c .c z .c Q: 'C :::::I :::::I :::::I :::::I :::::I CI) e:::: :::::I c 0 en en en en en z - en w 0 - (ij (ij (ij - .c ctI ctI (J ctI 0: .... !: ~ ~ ~ ~ ~ .¡: ~ 0 0 0 !: !: !: !: !: - !: .c .... CI) CI) CI) CI) CI) .~ J: 't: CI) C/) .c CI) 'C :'5:! 'C 'C :'5:! 'C :'5:! C)- ëñ ëñ ëñ ~ ,- () - III 1II.c III Cl)z ctI CI) CI) CI) CI) CI) :::::I CI) land Use Type or Categoryi CD z_ ~ e:::: e:::: e:::: e:::: e:::: en e:::: Health Services 8011-8049 Health Services 8011-8049,8082 P Health Services 8051-8059,8062- 8069, 8071, 8072, 8092-8099 Heavy Construction 1611-1629 Hiking Trails Home Furniture, Furnishings, 5713-5719,5731- P Equipment Store 5736 Home Furniture, Furnishings, 5712-5736 Equipment Store Home Supply Store 5531 Hotels and Motels 7011,7021,7041 Hotels and Motels 7011 p Houseboat Rental 7999 Individual & Family Social Services Industrial Inorganic Chemicals 2812-2819 Industrial, Commercial, 3511-3599 Computer Machinery and Equipment Insurance Agencies, Brokers, 6311-6399,6411 P .e Carriers Insurance Agencies, Brokers, 6311-6361,6411 p .e Carriers Insurance agents, brokers, and 6361 and 6411 service, including Title Insurance Investment/Holding Offices 6712-6799 p Job Training & Vocational 8331 Services Justice, Public Order & Safety 9221,9222,9229 Labor Unions 8631 Lakes Operations 7999 Large Appliance Repair Service 7623 Leoal Services 8111 p 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 10 FINAL DRAFT: Bayshore Overlay I P = permitted - ñi E = permitted with certain 5 (.) .¡: .~ - exceptions c::: .~ ø w "C E > .c E :> Blank cell = prohibited (also 0 :I N - ~ 0 UJ M W - I I () « see table of conditional and ..... c::: c::: ø (J) ñi - . ~ "C ¡g "C :::I .~ 3: c::: - - accessory uses) N M 0 0 c - - 0 () ø - - - - - w - (.) (.) (.) (.) .c (.) () ~ E (.) .¡: .¡: .¡: .¡: '- '¡: .8. This a recommended use by E .¡: - - - - 0 - (i) ::æ - .~ I/) .~ .~ .c .... .~ the Consultant. w 0 .~ "C =ti "C "C ~ () "C () "C > .c .c .c .c .c Z .c ~ "C :I :I :I :I :I ø e: :I c 0 UJ UJ UJ UJ UJ Z UJ W 0 - ñi ñi ñi ñi - .c s:: .!!! (.) C'CI c::: '- 0 +:: +:: +:: +:: - .¡: +:: 0 0 '- s:: s:: s:: s:: s:: - s:: :I: .c 't: CI) ø ø CI) CI) .~ CI) (J) .c ø "C "C "C "C :2 "C "C ~ 01- - ïñ ïii .¡¡¡ .¡¡¡ I/).c .¡¡¡ .- () C'CI Cl)z CI) CI) CI) CI) ø :I CI) Land Use Type or Categoryl In z_ 3: c::: c::: c::: c::: C:::UJ c::: Leather Products 3131-3199 Libraries 8231 Local and Suburban Transit 4111-4121 Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426, 2431-2499 Management & Public Relations 8741-8743,8748 P P Management Services 8711-8748 Marinas 4493,4499 P Measuring, Analyzing and 3812-3873 ControllinQ Instruments Medical and Optical Goods 3812-3873 Medical Laboratories and 8071,8072,8092, Research & Rehabilitation 8093 Centers Membership OrQanizations 8611-8699 P Membership Organizations 8311,8631 Membership Organizations 8611 Membership Organizations 8611,8621 Misc. ManufacturinQ Industries 3911-3999 Miscellaneous Plastic Products Miscellaneous Repair Service 7629-7631 P Miscellaneous Repair Service 7622-7641, 7699 Miscellaneous Repair Service 7622-7699 Miscellaneous Retail Services 5912,5942-5961 Miscellaneous Retail Services 5912-5963 Miscellaneous Retail Services 5912-5963, 5992- 5999 Miscellaneous Retail Services 5912,5932-5949, P 5942-5961, 5992- 5999 Mobile Home Dealers 5271 Mobile Homes P Modular Built Homes P P Motion Picture Production 7812-7819 Motion Picture Theaters 7832 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2/14/2005 2:22:00 PM 11 FINAL DRAFT: Bayshore Overlay P = permitted - i\i E = permitted with certain >- (.) ::5 '¡: ë3 exceptions - ... c::: ,~ Q) W "'0 E > ..c E :> Blank cell = prohibited (also 0 :3 - - en N M ~ 0 w - . I () « see table of conditional and en i\i .... IX: IX: ~ ~ Q) - I "'0 "'0 ::J '(3 ~ IX: - - accessory uses) N M 0 0 c ... - 0 () Q) - - - - - w - (.) (.) (.) (.) ..c: (.) 5:2 ~ E (.) '¡: .¡: .¡: .¡: ... .¡: .E This a recommended use by E .¡: - - - - 0 - en :¡¡¡ - .~ ,~ en .~ ..c Û .~ the Consultant. w 0 .~ "'0 "'0 :s "'0 ..c: "'0 () "'0 :2 > ..c ..c .c .c ..c Z ..c ii: "'0 :3 :3 :3 :3 :3 Q) I~ :3 C 0 en en en en en z en w 0 - i\i - ..c: c: co co co .!!! (.) co c::: ... 0 .. .. .. .. - .¡: .. 0 0 c: c: c: c: c: - c: ..c ... Q) Q) Q) Q) Q) en Q) J: 't: en ..c: Q) "'0 ~ "'0 ~ ~ "'0 ~ 0)- ëñ ïñ ~ .- () - en en en..c en Q)z co Q) Q) Q) Q) Q) :3 Q) land Use Tvpe or Categoryi CD z_ 3: c::: IX: c::: IX: IX: en IX: Motor Freight Transportation 4225 and Warehousinq Motor Homes Multi-Familv Dwellinqs P P P P Museums and Art Galleries 8412 P Nature Preserves Nature Trails Non-Depository Credit 6141-6163 Institutions Non-Depository Credit 6111-6163 Institutions Non-Depository Institutions 6011-6163 Non-Depository Institutions 6011,6019,6081, 6082 Non-Depository Institutions 6021-6062,6091, 6099, 6111-6163 Nursinq Homes 8051,8052,8249 Office Machine Repair Service 7629-7631 Oil & Gas Exploration Open Space Outdoor Storaqe Yard Paint, Glass, Wallpaper Stores 5231 Paper and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities Parking Facilities Parkinq Services Parks, Public or Private Parochial Schools - Public or Private 8211 Party Fishing Boats Rental 7999 Personal Services 7291 P Personal Services 7212-7215,7221- 7251,7291 Personal Services 7212,7215,7221- 7251 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2J14/2005 2:22:00 PM 12 FINAL DRAFT: Bayshore Overlay I P = perm itted ... ëã S (J E = permitted with certain .;:: 'f;:) ... ... exceptions D:: .!!! () w ~ E > .c E :> Blank cell = prohibited (also 0 ~ Ñ - 0 C/) M ~ W - , , () « see table of conditional and .... ~ e::: () en ëã - , - ~ ~ ~ accessory uses) ~ :) .~ ~ e::: N M 0 0 c - 0 () () ... ... ... ... ... w ... (J (J (J (J .c (J B. This a recommended use by () >< E (J .;:: .;:: .;:: .;:: ... .;:: :i E .;:: - ... ... - 0 ... Ci5 - II) II) II) .!!! .c Û .!!! the Consultant. 0 .!!! ~ ~ ~ .c w () ~ ~ :2 ~ > .c .c .c .c .c z .c ~ ~ ~ ~ ~ ~ ~ () e: ~ c 0 C/) C/) C/) C/) C/) z C/) w 0 - ëã ëã ... ëã .c ca ca ca (J D:: ... r:::: :¡:: :¡:: :¡:: :¡:: :¡:: .;:: :¡:: 0 0 e r:::: r:::: r:::: r:::: r:::: ... r:::: :J: .c 't: () () () () () II) () en .c () ~ ~ ~ ~ :s! ~ ~ ~ C)- - ¡¡¡ ëi) ¡¡¡ ¡¡¡ 1I).c ¡¡¡ .- () ca ()z () () ~ () () ~ ~ Land Use Type or Categoryl co z_ 3: e::: e::: e::: e::: C/) Personal Services 7212, 7291 P Personal Services 7211, 7212, 7215, 7216, 7291,72995 Personal Services 7215,7217,7219, 7261,7291-7299 Personal Services 7211-7219 Personal Services 7215-7231,7241 Personal Services 7221,7291 Photographic Goods 3812-3873 PhotoQraphic Studios 7221 P P Physical Fitness Facilities 7991 Physical Fitness Facilities Pickup Coaches Plant and Wildlife Conserva ncies Plastic Materials & Synthetics 2821,2834 Play Areas and PlaVQrounds Pleasure Boat Rental Printing and Publishing 2711,2712 Industries Printing and Publishing 2711-2796 Industries Professional Offices 6712-6799, 6411, g g g 96311-6399,6531, 6541, 6552, 6553, 8111 Professional Organizations 8631 Public Administration 9111-9199, 9229, P 9311 , 9411-9451, 9511-9532, 9611- 9661 Public Service Facilities - 5 Group 7299 limited to babysitting bureaus, clothing and costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal. 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2/14/2005 2:22:00 PM 13 FINAL DRAFT: Bayshore Overlay P = permitted .... .!:2 E = permitted with certain >- to) ::s '¡: to) exceptions .... ... c:: ,~ (I) W "'C E > .c E :;: Blank cell = prohibited (also 0 ::J - M tJ) N ~ 0 w - I I (J ~ see table of conditional and .... a:: a:: (I) en ¡¡¡ - . ~ "'C accessory uses) "'C ::J "(3 s: a:: - - 0 - N C"') 0 - c ... - 0 (J (I) .... .... .... .... .... w .... to) to) to) to) ~ to) ~ >< E to) '¡: .¡: .¡: '¡: ... .¡: B This a recommended use by :!Ë E .¡: .... .... .... .... 0 .... tJ) .... .~ .~ .~ ,~ .c .~ the Consultant. 0 .~ ~ é3 w (J "'C "'C "'C "'C "'C :2 "'C > .c .c .c .c .c Z .c æ "'C ::J ::J ::J ::J ::J (I) a:: ::J c 0 tJ) tJ) tJ) tJ) tJ) Z 1- tJ) 0 .... ¡¡¡ ¡¡¡ .... w ~ I: CIS CIS CIS to) CIS c:: ... .. .. .. .. .. .¡: .. 0 0 0 I: I: I: I: I: .... I: .c ... (I) (I) (I) (I) (I) .~ (I) J: 1: en ~ (I) "'C "'C "'C "'C :2 "'C :2 æ- ïii ïñ ïii ïii >- .- (J .... 1II.c III « (l)z CIS (I) (I) (I) (I) (I) :::::¡ (I) land Use Type or Categoryl III z_ s: a:: a:: a:: a:: a:: tJ) a:: Essential Railroad Transportation 4011,4013 Real Estate 6531-6541 P Real Estate 6521-6541 Real Estate 6512 Real Estate 6512-6514,6519, 6531-6553 Real Estate Brokers and 6531 p.... Appraisers Real Estate Offices 6531,6541,6552, 6553 Recreational Service Facilities Recreational Services - Indoor 7911-7941,7991- 7993, 7999 Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 Repair shops and related 7699 services, not elsewhere P classified Research Centers 8093 Research Services 8732 Residential uses P Retail Nurseries, Lawn and 5261 Garden Rubber and Misc. Plastic 3021,3052,3053 Products Safety Service Facilities Schools, public Schools - Vocational 8243-8299 Security Brokers, Dealers, 6211-6289 P Exchanges, Services 6 Except mobile home brokers. on site: housinq authorities. operatinq. I Antique repair and restoration, except furniture and automotive only, bicycle repair shops only, rod and reel repair. 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 14 FINAL DRAFT: Bayshore Overlay "."'-" I . P = permitted - ñi E = permitted with certain 5 u '¡: .~ - exceptions a:: .!!! Q) w 'C E > .Q E 5> Blank cell = prohibited (also 0 ::s - - en N M ~ 0 w - I . 0 <C see table of conditional and ..... 0:: 0:: Q) (/) ñi - I - - ~ "C ~ accessory uses) "C ::J '(3 ~ 0:: N M 0 0 c .... - - 0 0 Q) - - - - - w - u u u u .c u 0 ~ E u .¡: .¡: .¡: .¡: .... .¡: R This a recommended use by E '¡: - - - - 0 - Cñ :æ - .!!! .!!! .!!! en ..c Û .!!! the Consultant. 0 en =õ .c w 0 =õ 'C "C "C :2 'C > .Q .Q ..c .Q ..c Z .Q æ 'C ::s ::s ::s ::s ::s Q) eË ::s C 0 en en en en en z en w 0 - ñi ñi ñi ñi - ñi .c ca u a:: .... c .. .. .. .. .. .¡: .. 0 0 0 c c c c c c .... - ::t: .Q 't: Q) Q) Q) Q) Q) .!!! Q) (/) .c Q) "C "C :s! "C :s! "C "C æ- 'iij 'iij 'iij 'iij ~ ,- 0 - en en..c Q)z ca Q) Q) Q) Q) Q) ::s Q) land Use Type or Categoryl ED z_ ~ 0:: 0:: 0:: 0:: 0:: en 0:: Shoe Repair Shops or 7251 P Shoeshine Parlors Shootinq ranqe, indoor 7999 Sinqle-FamilvDwellinqs P P P P P P Social Services 8322-8399 Stone, Clay, Glass and 3221, 3251, 3253, Concrete Products 3255-3273, 3275, 3281 Storaqe Synthetic Materials 2834 Testing Services Textile Mill Products 2211-2221,2241- 2259,2273-289, 2297,2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parking Lots 7514, 7515, 7521 Townhouses P P P P P Transportation by Air 4512-4581 Transportation Equipment 3714,3716,3731, 3732,3751,3761, 3764,3769,3792, 3799 Transportation Services 4724-4783,4789 Travel Agencies 4724 Travel Trailers 5561 Two-Familv Dwellinq P P United States Postal Servicetl 4311 P Veterinarian's Office" 0742 P Veterinarian's Office 0752 PIX Videotape Rental'U 7841 P Vocational Rehabilitation 8331 8 Excludes major distribution center. 9 Excludes outdoor kenneling, 10 Limited to 1,800 square feet of gross floor area. 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 15 FINAL DRAFT: Bayshore Overlay P = permitted - :§ E = permitted with certain >- t.) ~ .¡: t.) exceptions - ... c::: .!!! CI) w "C E > .Q E :> Blank cell = prohibited (also 0 ;:, N c;;- o w en - , , ~ (.) « see table of conditional and ...- D:: D:: CI) CfJ iã - , - - ~ "C ~ accessory uses) "C ::J 'ü ~ D:: N C") 0 0 c ... - 0 (.) CI) - - - - - w - t.) t.) t.) t.) J:: t.) (.) ~ E t.) .¡: .¡: .¡: .¡: ... .¡: R This a recommended use by E .¡: - - - - 0 - ëi) :¡¡: - en en .!!! .!!! .Q Û en the Consultant. 0 .!!! J:: w U "C "C "C "C "C .2 "C > .Q .Q .Q .Q .Q Z .Q C2 "C ;:, ;:, ;:, ;:, ;:, CI) e: ;:, c 0 en en en en en z en w 0 - iã - J:: ns ns ns .!!! t.) ns c::: ... c: ; ; ; ; - .¡: ; 0 0 0 c: c: c: c: c: - c: .Q ... CI) CI) CI) CI) CI) en CI) :J: 't: CfJ J:: CI) "C :E "C :E :E "C :E c- ëñ ëñ ~ .- (.) - en en en.Q en Cl)z ns CI) CI) CI) CI) () ;:, CI) Land Use Type or Categoryi aJ z_ 3: D:: D:: D:: D:: D:: en D:: Services Weldinq Repair 7692 Wholesale Trade 5148 Wholesale Trade - Durable 5021, 5031, 5043- Goods 5049,5063-5078, 5091,5092,5094- 5099 Wholesale Trade - Nondurable 5111-5159,5181, Goods 5182,5191 Wildlife Conservancies 9512 Wildlife Management 0971 Wildlife Refuqe/Sanctuary Wildlife Sanctuaries Watches/Clocks 3812-3873 A = 50% of the building height, but not less than 15 feet. B = 50% of the building height, but not less than 30 feet. C = 50% of the building height, but not less than 25 feet. D = 50% of the building height, but not less than 25 feet. STRUCTURES 50 feet or more in height = 25 feet plus one additional foot of SETBACK for each foot of building height over 50 feet. E = the total of all side YARD SETBACKS shall equal 20% of the LOT width, with a maximum of 50 feet. No side YARD shall be less than 10 feet. Alternative dimensions may be possible when approved through a unified plan of DEVELOPMENT INVOLVING one or more LOTS under common ownership where the YARD requirements are met for the unified site but not necessarily for each PARCEL within the unified site. F = the YARD requirements shall be equal to the most restrictive adjoining district. X = for PRINCIPAL STRUCTURES: 50 feet from all property lines; for accessory STRUCTURES: 25 feet from all property lines. 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 16 FINAL DRAFT: Bayshore Overlay -- Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses. C = conditional use A = accessory use A = Recommendation CI) 0 3C ~ N CO') ~ 0 > rk. I I I Z ~ " Z I c::: c::: c::: c::: 0 I ;:) I I I I 0 ;:) ;:) ;:) ;:) ;:) I I :E ;:) ;:) 0 :E C :E :E :E :E :E :E Cñ C CD C C C C C C CD CD CD CD CD CD CD Administrative or service Adult da care Agricultural: animal & livestock breeding, exotic aquaculture, aviary, diary or poultry plant, egg production, exotic animals, ranching, or wholesale re tile breedin A ricultural 0741, 0742, 0752- A ricultural services Amusement & recreation 7911 services 7911- 7941, 7991- Amusement & recreation 7993, services 7007 7948, 7992, Amusement & recreation 7996, services 7999 Ancilla lants Animal control A uariums 8422 es 7999 Assisted livin facilities Auctioneering Services, 7389, auction rooms and houses 5999 5521, 5551, Automotive dealers and 5561, asoline service stations 5599 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 17 FINAL DRAFT: Bayshore Overlay C = conditional use A = accessory use A = Recommendation Q 0 ~ or- N M '¢ 0 > I I I I Z ~ "C Z I e::: e::: e::: e::: e::: 0 I ~ I I I I 0 ~ ~ ~ ~ ~ . I :iE ~ ~ 0 :iE c :iE :iE :iE :iE :iE :iE UJ c m c c c c c c m m m m m m m 7513, Automotive rental/leasing 7519 Beach chair, bicycle, boat or moped rentals Bed & breakfast facilities 7011 C C Boathouses A A Boat ramps Boat yards Botanical garden 8422 Bottle clubs 5813 Camping cabins Care Units Caretaker's residence Category II group care facilities Cemeteries . 2812- Chemical products 2R~~ Child day care 8351 C Churches & places of 8661 worship C Civic & cultural facilities Clam nurseries Cluster development Cocktaillounqes 5813 Collection/transfer sites Commercial uses 4812- Communications 4841 Communication towers Community centers 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2/14/2005 2:22:00 PM 18 FINAL DRAFT: Bayshore Overlay C = conditional use A = accessory use A = Recommendation Q) 0 3: .... N M .,. 0 > I I Et: z ~ "'C Z I 0::: 0::: 0::: 0::: 0 I ;:) I I I I 0 ;:) ;:) ;:) ;:) ;:) I I :E ;:) ;:) 0 :E C :E :E :E :E :E :E Cñ C aI C C C C C C aI aI aI aI aI aI aI 7922 Community theaters Concrete or asphalt plants Continuing care/retirement centers 5411 Convenience stores Dancing establishments & staQed entertainment 6011- Depository institutions 6099 Detention facilities Docks A A 5813 Drinking establishments Driving ranges Earth mining 5812 Eating establishments 8211- Education services 8222 Education facilities; public & 8211- private schools 8231 Electric generating plants Electric, gas, & sanitary 4911- services 4971 Excavation Extraction related processing and production 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 19 FINAL DRAFT: Bayshore Overlay C = conditional use A = accessory use A = Recommendation - Q () 3: .... N M ~ () > I I I I Z ~ "C Z a::: a::: a::: a::: 0 I a::: I :J I I . . () :J :J :J :J :J I I ~ :J :J () ~ c ~ ~ ~ ~ ~ ~ (j) c m c c c c c c m m m m m m m 3482- Fabricated metal products 3489 Farm labor housinq 5153- Farm product raw materials 5159 Field crops 0912- Fish ing/h u ntinq/trappinq 1919 2011, Food products 2048 Food service 5411- Food stores (over 5,000 sJ.) 5499 Fraternal lodges, private club, or social clubs 5983- Fuel dealers 5989 Fuel facilities C Funeral services & 7261 crematorie!'; Gas generating plants Gift shops 5947 A Golf club house Golf course Golf drivinQ ranqe Group care units Guesthouses A A Health services 8011 Homeless shelters 8322 8062- Hospitals H069 7011, Hotels and motels 7021. Hunting cabins 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2J14/2005 2:22:00 PM 20 FINAL DRAFT: Bayshore Overlay C = conditional use A = accessory use A = Recommendation - > C) (.) 3: ..... N M ;1 (.) . ~ I Z ~ 'tS Z I 0:: 0:: 0:: 0 I :J I I I . (.) :J :J :J :J :J I I :E :J :J (.) :E c :E :E :E :E :E :E Cñ c m c c c c c c m m m m m m m Incinerators Jails Justice, public order & 9211- safety 9224 0742, Kennels & kennelinq 0752 Kiosks Leather tanninq & finishinq 3111 Livestock 4111- Local and suburban transit A.1?1 4131- Local and suburban transit 4173 2411- 2421, Lumber and wood products 2429 Maintenance areas Maior maintenance facilities 4493, Marina 4A.QQ Mental health facilities Merchandise - outdoor sales Miniature golf course 7999 Mixed residential and ð. ð. commercial A Model homes and model sales centers Motion picture theaters 7832 Motion picture theaters 7833 4212, 4213- Motor freight transportation 4225, and warehousinq 4226 Motor freight transportation 4225, and warehousing 4226 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 21 FINAL DRAFT: Bayshore Overlay C = conditional use A = accessory use A = Recommendation Q) u ~ ..... ('\oj (") "'it U > I I I . Z ~ "C Z I 0::: 0::: 0::: 0::: 0::: 0 . ::J I . I . U ::J ::J ::J ::J :J I . ::æ: ::J ::J S:2 ::æ: c ::æ: ::æ: ::æ: ::æ: ::æ: ::æ: en c m c c c c c c m m m m m m m Noncommercial boat launching ramps Nursery - retail 5261 Nursing and personal care 8062 facilities Nursing homes 1321, Oil and gas extraction 1382 Oil & gas field development and ornrli I'tion Outdoor display Packinghouse Paper and allied products 2611 Personal services 7291 A Petroleum refining and 2911- related ?QQQ Pistol or rifle ranqe Play areas and playgrounds Poultry raisinq (small) 3312- Primary metal industries 3399 Private boathouse and 8. 8. 8. docks Private clubs Private landinq strips Pro shops (large) Pro shops (small) Recreational facilities Recreational services Refuse systems 4953 Rehabilitative centers 8093 Repair or storage areas 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts () SM.doc2l14/2005 2:22:00 PM 22 FINAL DRAFT: Bayshore Overlay C = conditional use A = accessory use Ä = Recommendation - > () (.) 3J': ..... N M ,. (.) I I a:: z [2 "C Z I c:::: c:::: c:::: c:::: 0 I ~ I I I I (.) ~ ~ ~ ~ ~ I I ::E ~ ~ (.) ::E 0 ::E ::E ::E ::E ::E ::E Cñ 0 IXJ 0 0 0 0 0 0 IXJ IXJ IXJ IXJ IXJ IXJ IXJ Residential uses Resource recovery plant Restaurant (small) or snack 5812 ~hnn Restaurant (larae) 5812 Retail shops or sales Rubber and misc. Plastic 3061- Drnrlll r.t~ ~nRQ Sanitary landfills Sawmills Schools, public or private Schools, private 8243- Schools, vocational R?QQ Service facilities Slaughterina plants 2011 Social association or clubs 8641 8322- Social services R~Q9 Soup kitchens Sports instructional camps nr ~chonl~ Staç¡ed entertainment facilitv 3211, 3221, 3229, 3231, 3241, 3274, Stone, clay, glass and 3291- concrete products 3299 Swimmina pools - public Storage, enclosed Tennis facilities 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts () SM.doc2l14/2005 2:22:00 PM 23 FINAL DRAFT: Bayshore Overlay C = conditional use A = accessory use A = Recommendation Textile mill products () u 3: .... N M "'it U > I . I I Z ë2 "C Z I D:: D:: D:: D:: D:: 0 I :J I I . I U :J :J :J :J :J . I :!: :J :J U :!: c :!: :E :E :!: :!: :!: (i.i C co c c c c c c co co co co co co co 2231, 2261- 2269, 2295, 2296 4212 0741- 742 5015, 5051, 5052, 5093 5162, 5169, 5171, 5172, 1;1 7997 Transfer stations Veterinarian's office Wholesale trade - durable oods Wholesale trade - nondurable oods Yacht club Zoo 1 The overlay districts are not included in this table where they are design-oriented and does not change the underlying uses. Overlay districts, whether listed herein or not, allow the uses in the underlying zoning district. Those overlay districts listed in this table also allow the specifically listed uses. Residential Neighborhood Commercial is not included, as it deals with home occupations. Also permissible in the C-1 zoning district is any other commercial use or professional service which is comparable in nature with the listed uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2/14/2005 2:22:00 PM 24 FINAL DRAFT: Bayshore Overlay CHAPTER 4 SITE DESIGN AND DEVELOPMENT STANDARDS 4.01.00 Generally 4.01.01 Elevation Requirements for All Developments 4.01.02 Kitchens in Dwelling Units 4.02.00 Site Design Standards 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts 4.02.03 Specific Standards for Location of Accessory Buildings and Structures 4.02.04 Standards for Cluster Residential Design 4.02.05 Specific Design Standards for Waterfront lots 4.02.06 Standards for Development in Airport Zones 4.02.07 Standards for Keeping Animals 4.02.08 Outside Lighting Requirements 4.02.09 Design Requirements for Shorelines 4.02.10 Design Standards for Recreation Areas within Mobile Home Rental Parks 4.02.11 Design Standards for Hurricane Shelters within Mobile Home Rental Parks 4.02.12 Design Standards for Outdoor Storage 4.02.13 Design Standards for Development in the BP District 4.02.14 Design Standards for Development in the ACSC-ST District 4.02.15 Design Standards for Development in the SBCO District 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1) 4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2) 4.02.20 Design Standards for Development in the BMUD--Residential Subdistrict (R3) 4.02.21 Desian Standards for Development in the BMUD--Residential Subdistrict (R4) 4.02.21.a Desian Standards for Development in the BMUD--Residential Neiahborhood Commercial Subdistrict (RNC) 4.02.21 b Design Standards for Development in the BMUD--Residentiall Art Villaae Subdistrict (RIAV) 4.02.24 Corridor Management Overlay District (CMO) - Special Regulations for Properties Abutting Golden Gate Parkway West of Santa Barbara Boulevard and Goodlette-Frank Road South of Pine Ridge Road 4.02.25 Mobile Home Overlay District (MHO)--Special Regulations for MHO in Rural Agricultural (A) Districts 4.02.26 Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO)--Special Conditions for the Properties ABUTTING Golden Gate Parkway East of Santa Barbara Boulevard as Referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate Area Master Plan 4.02.27 Specific Design Standards for the Immokalee--State Road 29A Commercial Overlay Subdistrict 4.02.28 Specific Design Standards for the Immokalee--Jefferson Avenue Commercial Overlay Subdistrict 4.02.29 Specific Design Standards for the Immokalee--Farm Market Overlay Subdistrict 4.02.30 Specific Design Standards for the Immokalee--Agribusiness Overlay Subdistrict 4.02.31 Specific Design Standards for the Immokalee--Central Business Overlay Subdistrict 4.02.32 Specific Design Standards for the Immokalee--Main Street Overlay Subdistrict 4.02.33 Specific Design Standards for the Mobile Home Park Overlay Subdistrict 4.02.34 Specific Standards for Shopping Centers 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 25 ø FINAL DRAFT: Bayshore Overlay 4.03.01 Generally 4.03.02 Applicability 4.03.03 Exemptions 4.03.04 Lot Line Adjustments 4.03.05 Subdivision Design Requirements 4.03.06 Golden Gate Estates Lot Divisions 4.03.07 Monuments 4.03.08 Facility and Service Improvement Requirements 4.03.00 Subdivision Design and Layout 4.04.01 Generally 4.04.02 Access Management 4.04.00 Transportation System Standards 4.05.01 Generally 4.05.02 Design Standards 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use 4.05.04 Parking Space Requirements 4.05.05 Parking Variation in the P District 4.05.06 Loading Space Requirements 4.05.07 Handicapped Parking Requirements 4.05.08 Bicycle Parking Requirements 4.05.09 Stacking Lane Requirements 4.05.00 Off-Street Parking and Loading 4.06.01 Generally 4.06.02 Buffer Requirements 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way 4.06.04 Trees and Vegetation Protection 4.06.05 General Landscaping Requirements 4.06.06 Special Buffer Requirements for the TTRVC Zoning District 4.06.00 Landscaping, Buffering, and Vegetation Retention 4.07.00 Design Standards for Planned Unit Developments 4.07.01 Unified Control 4.07.02 Design Requirements 4.07.03 Special Requirements for Industrial Planned Unit Developments 4.07.04 Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component 4.07.05 Special Requirements for Research and Technology Park Planned Unit Developments 4.07.06 Provision of Polling Places 4.08.00 Rural Lands Stewardship Area Zoning Overlay District Standards and Procedures 4.08.01 Specific Definitions Applicable to the RLSA District 4.08.02 Establishment of RLSA Zoning Overlay District 4.08.03 Establishment of land uses allowed in the RLSA District. 4.08.04 Implementation of Stewardship Credits 4.08.05 Lands Within the RLSA District Prior to SSA or SRA Designation 4.08.06 SSA Designation 4.08.07 SRA Designation 4.08.08 Baseline Standards 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2/14/2005 2:22:00 PM 26 FINAL DRAFT: Bayshore Overlay A.. Puropse The purpose and intent of this .§.ubdistrict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be small-scale and pedestrian-oriented. B. Special Requirements for Accessory Uses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2. Properties immediately adjacent to Haldeman Creek may engage in boat rental operations. 3. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront (W) subdistricts, as indicated on BMUD Map No.1, may construct a dock provided the lots are under the same ownership and have been approved by the County Manager or designee. A site development plan shall be submitted to the County Manager or designee. Ç,:,.. The Followina Reaulations Govern the Outdoor Displav and Sale Of Merchandise. 1. No automatic flood and drinking vending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site and must be architecturally integrated within the project site. 3. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: a. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. b. The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provision will be made to adequately address the following: i. Vehicular and pedestrian traffic safety measures. ii. Location of sale/display of merchandise in relation to parking areas. iii. Fire protection measures. iv. Limited hours of operation from dawn until dusk. v. Merchandise must be displayed in a vendor cart that complements the architectural style of the building that it is accessory to. vi. Vendor carts located on sidewalks must afford a five (5)-foot clearance for non-obstructed pedestrian traffic. 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Distrìcts 0 SM.doc2l14/2005 2:22:00 PM 27 "."m."_.·_··,·__·""_··_'~ rrn.~~"~t{r ~F~='~61 ~~~~~ I - F :~ ~ GTMU~ ~u J /: // A UVo / / ì~ /,/ /~; Þ ':~' :!;- .... .:~ . .,.~. y '.:=';;". ",.; //. !-. ~ - .//'.c-/.... /. 771t:< »; ."",. .......... '/.'M> r RIIF~ ¿..... '. ~ ripu~ ~.·.l········ . ,.,..,....."..,'.; '..'.."> <.',..}. !fl.,....."'... ¡r'" ······X:~'( ..... . : .......',.,........',..............,.......... ;e'i..(i~l...,..i,' r;;:;;//'.:.: .... :.. ... .".' . .........~> //tÍlÍuo.EÌ{/;, .... .... ./.. .' "'.'.,. ~::~i2; ~;;: :':'PII!I~C ..~~>,>',.L. ~¿ I· ......... Ir..·······: .... ..\\ ... . //./ ".. 7,.·...·······,···.,·.·· )~r~~ I; It) ..... 'r ..~.:;... ?~ ;;;~~;: ..... ;//,/.. ." '. I" ":~~ .~~.. . I;: '\\ ,',','.' I. ;>/;:;// -.-¡ .....:......\ ,,".., //;: . :,ow, ..... . ): \\;; ··1 .¡:;;¡;;. (~~~. . ... . /fAÞ~ .... ·~It ~5~t [..7.......···..·. I ..........,>c, ,...... . //,.:~/:/ I;:, ". . ... .. .... :>;;... // //0;;~;< -~ PUÓ" .... ....... BMUD Map No.1 =btJ1 Ji - ~I I UN 0~ ~. ~% ,AV>; , .~ // ~ ¿ ) .........~.... \.'- --'. ..:-:~~~ '" / / I:;:::;;:::/~' . .... PuD' ..' ¡.'-. . U .. '. ..... ". : .. ", ..' .'. PI/D ,.' , . ...... .'. . :. .... .. ;;.;:..... : .'. .... . .. ....... ...... .. J . , .. '.< '. . .. '·C·., .'. " " .~.. . ." ,c" ",. ::.:.... ",'.:' .... ".... r '. . ',,- . ... '.,..,.., . I . r .. . " /ß~·R3~~.':,: 1/ >. 1/< '. 'PIJD' ::: ::-r ...... .~0 ~ /-:,j;u ~ . ~ / , //// >;;:-: // //;/.. :1~t;,/. ;/ /;;'i:('; /. 811œ.ø-(/:, //,// /' // //'// //' // /,-, ~ I .' "",,,' I .. '. 11 /> ./ ////.'f //. /~/~'~::>:>/ ... ... ¡...." // . PUD .......... / :,'/' :/ FINAL DRAFT: Bayshore Overlay l } , '\ RIIF-18 ", , ~ P l'''' ;.- ~~ ~ ~ :.- II Ço4 .. . J ~'v< ~I !\~~ ~~ ;.. : - . Bayshofl Mixed U.. Owrtey Dilltrict _ BMUD-NC"'I~_I ¡¡¡¡¡¡¡¡ BMUD-æiC __I"'~ c:amrr.deI E22J APZ ~ _gZo.. Ii!!iJI BMUDoW W_ I222J BMU~ _....'8u_1 fE].ß1 BMUD-R2 ....ntill Subclatrtc:t2 I2ZiI BMUD-IU _18__3 ~ BMUD-RC _"'''''18__4 ~ SMUD-RlAY ~1dentIaI J Art VlllageSu o PUD.Plonnod Unit Deve_ - '/ - 0l 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 28 FINAL DRAFT: Bayshore Overlay D. Dimensional Standards Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict. Minimum Setbacks Front Yard Front yard infill projoct building£ containing commercial or re£idential u£es aro requirod to a minimum dopth of 35 foot from the front setback line on all floors. The remaining depth may bo usod for parking. At fivo foot, 80 porcont of the £tructure must bo locatod at tho required front setback lino. Consistont front ..~ ~~ ...;~h -.. o ~v;~;n~ ~~~, Front Yard Build-to-Line 5 Feet* 1. 80 percent of the structure must be located at the required front yard build-to-line. the remainQ 20 percent must be behind the the Front Yard Build-to-Line. 2. In-fill proiects may vary from front build-to-line to keep consistent with front yard of adjacent exitinq structures. 3. BuildinQs containinQ commercial or residential uses are required to have a minimum depth of 35 feet from the front setback line on all floors. The remaininq depth of the lot may be used for parkinq. 4. Buildinqs which face Bayshore and intersectinq side streets shall have the same Front Yard Build- to-Line as the Front Yard Build-to-Line of Bayshore. See BMUD Fiqure 1. *Shall be 5 feet from the property line to the buildinq footprint. Side yards - abutting residential 15 feet Side yards - all other 5 feet Rear yard 20 feet Waterfront"¿ 25 feet Building Standards Locations on Bayshore Drive First floor olovation lovol ·....ith the sidewalk. The first floor of the buildings must be utilized for commercial purposes and be level with the sidewalk. Building Design Where possible buildings facing Bayshore Drive shall wrap around the corner as depicted on BMUD Fiqure 1. Buildinq Footprint A buildinq with only commercial use is limited to a maximum buildina footorint of 20 000 square feet. Minimum Floor Area 700 square foot gross floor area for each building on the ground floor. Maximum Density For the residential component--12 units per acre. (® 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 29 FINAL DRAFT: Bayshore Overlay Maximum Height Of Structures Commercial use only buildings 3 stories, or 42 feet above the sidewalk grade to the building eave. Residential use only buildinQs 3 stories or 42 feet above the sidewalk grade to the building eave. Mixed-use buildinQs residential over 4 stories or 56 feet above the sidewalk grade to commercial uses the building eave. The firEt floor of the building 3t the e;idew3lk levol shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. 10utdoor seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback. 2To allow the maximum use of the waterfront, building placement on a lot can vary from the required setbacks, provided such variation is recommended by the CRA staff and the county architect and approved by the County Manager or designee. L ParkinQ Standards. 1. Three spaces per 1,000 square feet of floor area open to the general public for commercial use. 2. Minimum one parking space for each residential unit. 3. Outdoor cafe areas shall be exempt from parking calculations. 4. Access to the off-street parking facility must be from the local side street unless restricted due to lot size. 5. Should the property owner develop on-street parking spaces on local streets within the same block of the project site, then each space so provided shall count as one space toward the parking requirement of this subsection. 6. On-street parking on local streets excluding Bayshore Drive requires an agreement with the county to use the public right-of-way for parking. Angle or parallel parking (as depicted on BMUD Figure 2l3e1Gw) is permissible based on the site development plan as approved by the planning services department and built to county standards. The property owner must agree to maintain that portion of the public right-of-way where the parking is located. 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts () SM.doc2J14/2005 2:22:00 PM 30 FINAL DRAFT: Bayshore Overlay BMUD Figure 1 - Typical Corner Lot Development ~ C 7. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) Subdistricts, as indicated on BMUD Map No.1, may be used for off-site parking provided the lots are under the same ownership, meet the standards of section 4.05.02 of this LDC and have been approved by the County Manager or designee a site development plan shall be submitted to the County Manager or designee. BMUD Figure 2 - Typical On-Street Parking I~ ~~........~ II::JL.I!:I I .... 8IJ8 ... 8. On-street parking on Bayshore Drive shall be made available to the property owner on a first come first serve basis at the time of site development plan (SOP) or site improvement plan (SIP) approval provided the parking does not interfere with the on-street bike lanes and is located within the block in which the block that the property it serves is located. 9. Construction or renovation of any building must occur within ninety (90) days of the SOP or SIP approval and be completed within six (6) months of commencement in order to secure the on-street parking spaces. Due to circumstances beyond the control of the applicant the property owner may request an extension from the County Manager or designee. These spaces must be used toward the fulfillment of the parking requirements set forth herein. 10. The off-site parking requirements of section 4.05.02 J. of the LDC shall apply. Vehicular egress points may be located on local streets opposite residential homes provided they are within the Bayshore Mixed Use Overlay District. ",,-' 11. Shared parking requirements shall be consistent with those provided in subsection 4.05. . of the LDC except that the County Manager or designee can approve or deny requests 1'\LDC_Am,ndm'ms\LDC Cycle 1 - 2005\2.03.07.1. Baysho'e Overtay Zon;", D;"rids () SM.doo2l14/2Q05 2,22,00 PM I A 0 31 f-t FINAL DRAFT: Bayshore Overlay instead of the Board of Zoning Appeals or Planning Commission. Shared parking spaces may be separated by Bayshore Drive provided the two properties are located within the BMUD. F. Desian Standards For Awninas. Loadina Docks. And Dumpsters. 1. Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 145 square feet shall be subject to sprinkler requirements but only from the potable water supply without requirements for backflow protection. 2. Loading docks and service areas shall not be allowed on the frontago lino.alonq the street frontaqe. 3. All dumpsters must be located in the rear yard and not visible from Bayshore Drive. 4. Streetwalls shall be used when surface parkinq lots abut the riqht-of-way of Bayshore Drive. a. The wall shall be constructed of the same or complementary materials as the primary buildinas and be 3 to 4 feet in heiqht. and shall have a 12 inch projection or recess a minimum of every 10 to 15 feet. The"streetwall" can be a combination of "wall" and metal "fence" materials. b. The "streetwall" may no lonqer than 62 feet. and no two streetwalls shall adjoin on a common property line. BMUD Fiaure 3: Streetwall G. Architectural Standards. 1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. All buildings adjacent to Bayshore Drive will have the principal pedestrian entrance fronting Bayshore Drive. 3. Thirty-five (35) percent of the buildings facade that faces alonq Bayshore Drive will be clear glass. Clear glass windows between the height of two (2) three (3) and seven (7) eight (8) fee@Jt above sidewalk grade are required on the primary facade of the first floor of any building 'o\LDC_An..ndm""'\LDC Cyde1 ·2005\2.03.07.1. .'yshore """"'y Zoning DI",ds 0 SM.doc2J1412oo5 2022000 PM 1-\ \ 32 . 4. FINAL DRAFT: Bayshore Overlay 5. Attached building awnings may encroach over the setback line by a maximum of five (5) feet. 6. Neon colors shall not be used as accent colors. H. Landscapin~. 1. As required by division Chapter 4.06.00 of this Code unless specified otherwise below: 2. Special buffer requirements for commercial development areas contiguous to residentially zoned property. A minimum 15-foot wide landscape buffer area shall be required. This area shall include a fill six-foot high wall, fence or berm, or combination thereof, a row of trees spaced no more than 25 feet on center, and a single row of shrubs at least 24 inches in height at the time of planting. Landscaping shall be on the residential side of the wall. 3. Landscape buffer requirements for multifamily residential development adjacent to single family residential properly. A ten-foot-wide Type B landscape buffer with narrow canopies proportionate to the narrow buffer space shall be required. 4. Landscape buffer requirements where vehicular use areas abut the waterfront. A double row hedge at least 24 inches in height at the time of planting and attaining a minimum of three feet in height within one year shall be required. RO:Jr landscaping requirements for Noighborhood Commorcial :md Waterfront distriots adþcent to the w:Jtorfront. 1\ fivo foot Typo D landscapo buffor with :J c3n31 'N3lkway iE: required. Tho walkw:JY Sh311 be :3 minimum of E:ix feot wide :3nd consist of 3n imporvious surf:¡ce walkway. Walkw:JYs must bo designod 3nd 10c:3tod to provide an interconnoction between :Jdjacont propertim: whorever possiblo. Marinas may bo exompted from this provision due to s3foty provisions if approvod by the pl3nning sorvicec director. 5. Landscape requirements for properlies fronting Bayshore Drive. The intent is to integrate the right-of-way and building front yard with decorative pavement and landscaping that is consistent with the Bayshore Beautification Plan. hardscape. Landsoaping sh:311 be consistent with the B3yshoro Beautific:Jtion Pl3n. 6. Landscape screening of mechanical equipment. Mechanical equipment shall be screened with a fence that is architecturally compatible with the building it serves or be screened with a three- foot high hedge, spaced three feet on center. 7. Landscape buffer requirements for marina development contiguous to residentially zoned properly. A 20 foot-wide landscape buffer area is required. Such buffer must include a minimum six foot high wall, fence, berm, or combination thereof, a double row of trees spaced no more than 20 feet on center, and a double row of shrubs at least 24 inches height at time of planting. Landscaping shall be on the residential side of the wall. 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 33 FINAL DRAFT: Bayshore Overlay .h Architectural Desian Theme. .1. The architectural desiqn theme of the buildinqs shall reflect the "Old Florida" or "Florida Cracker" vernacular. This includes usinq some of the architectural elements listed below: Hip or qable roof Dormers or copulas Porches or verandas Balconies Laroe overhanqs Shutters 2. Buildino roofs shall be metal seam 3. Traditional windows with vertical orientation and divided olass trim. 4. Facade wall buildino materials shall be hiqh qualitv material of wood and or stucco. H. Sians. As reauired bv division 5.06.00 unless specified below: 1. One wall sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel provided such sign does not exceed 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not exceed 65 square feet in area. 2. In addition, hanging or projection signs are permitted provided such signs do not exceed six square feet, and shall not project more than four feet from the building on which the sign will be attached. The sign shall be elevated to a minimum of eight feet above any pedestrian way and shall not exceed a height of 12 feet. 3. No freestanding signs shall be permitted. 4. Awninos with a In addition, the vertical drip of an awning may be stenciled with letters no more than eight inches in height and not to exceed one-third of the length of the canopy. 5. Parcels adjacent to the waterfront may have one additional sign to be placed on the facade which faces the waterfront provided it meets all of the above requirements. 6. Corner buildings or corner units within multiple tenant buildings may have one additional wall sign provided both signs are not placed on the same wall. ~. 7. No internally lit cabinet signs shall be permitted. 43 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 :: M 34 FINAL DRAFT: Bayshore Overlay 8. Properties that are located in the waterfront subdistrict (W) and are located adjacent to the Haldeman Creek Bridge are allowed one pole sign not to exceed 65 square feet in area. The pole signs shall not be internally lit. Pole signs shall be architecturally compatible with the building it serves. 4.02.17 Design Standards for Development in the BMUD . Waterfront Subdistrict A. Purpose Desiqn Standards for the Subdistrict are the same as those set forth for the Neiqhborhood Commercial Subdistrict, unless set forth below. Development in this Subdistrict is encouraqed to be a mix of restaurant and retail uses while allowinq for limited marina uses. !h. Special conditions for Marinas: 1. Repair and Qry storage areas shall not be visible from the teGaJ. street. 2. Boats available for rental purposes shall be located in the water or properly screened from the local roadways and not visible from Bayshore Drive. 3. All boat racks shall be enclosed. 4. Height of structures may be increased to a maximum height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. The BZA, in addition to the findings in Chapter 9, shall consider whether or not the literal interpretation of the provisions of this LDC imposes a financial hardship on the applicant. 5. Outdoor displays of new boats for sale on properties fronting Bayshore Drive shall be limited to the following: a. All areas used for new boat sales activities shall occupy no more than thirty-five (35) percent of the linear frontage of the property. b. All boat sale activities are limited to new boat sales. c. All new boat sale areas shall not be closer to the frontage line than the primary building they serve unless it is otherwise recommended by the CRA staff and administratively approved by the County Manager or designee. d. All new boats located within an outdoor sale area shall not exceed the height of seventeen (17) feet above existing grade. e. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. f. An additional landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum fourteen (14)-foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three feet on center at the time of planting. 6. Outdoor displays of boats on properties fronting Haldeman Creek shall be limited to the following: a. All areas used for boat sales shall utilize no more than fifty (50) percent of the linear frontage of the property. b. All boat sale areas shall be no closer to the frontage line than the primary building they serve unless it is otherwise recommended approved by the County Manager or tILDC_Am.ndm'''',ILDC Cyd. 1 - 2005\2.03.07.1. B.ysho,. 0,.,., Zon;n, D;,trl"" 0 SM.doo2J14/200S 2022000 PM3S ® FINAL DRAFT: Bayshore Overlay designee. c. All boats located within outdoor sales areas shall not exceed a height of thirty-five (35) feet above the existing grade. Sailboat masts are exempt from this limitation. d. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. e. An additional landscape buffer is required around the perimeter of the outdoor sales area. This buffer must include, at a minimum fourteen (14) foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three (3) feet on center at the time of planting. 7. One (1) parking space per five (5) dry boat storage spaces. 8. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach on residential developments. 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1) A. Dimensional and Desian Standards Table 12. Desian Standards in the BMUD Residential Subdistrict R1. Maximum Density 12 units per acre Minimum Lot Size Sinale Familv 6000 SF I Two Familv 6000 SF Minimum Lot Width (feet) Single-family 50 feet Two-family 50 feet Townhouses 25 feet Multi-family 1 00 feet Minimum Setbacks Front Yard At! Min. Side Yard Min. Rear Yard One (single) family units 10 feet dwolling 7.5 feet unless abutting commercial 15 property, then 5 feet Two family dwelling units 1 0 feet 5 feet unless abutting single-family 15 unit, then 7.5 feet Townhouse 1 0 feet o feet when abutting another 15 townhouse, if not then the same standards as a two family dwellinq unit Multi-family (three or more) 10 feet 5 feet unless abutting single family unit, 15 dwellinq units then 7.5 feet Buildina Standards Minimum Floor Area 750 square feet per unit Maximum Height of Principal Structures·· 3 habitable floors or 4Q 42 feet Maximum Height of Accessory Screen Same as principal structure, not to exceed 35 feet Enclosures Maximum height of all other accessory 15 feet structures Parkina Standards All uses 1 space per dwellinQ unit ·Shall be 10 feet from the property line to the building footprint. ** Maximum heiaht of structures measured from Federal Emeraency Manaqement Aqency (FEMA) to buildinq eave. @ 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 4G 36 B. Specific Design Requirements FINAL DRAFT: Bayshore Overlay 1. Thero shall be no ',isible parking 3rea from tho frontago road. Minimum off-street parkinQ is one space per dwellinQ unit. Parkinq areas shall not be visible from the Bavshore Drive. 2. Buildings and their elements shall adhere to the following: (See BMUD Figure ð 1.): a. Buildings shall be divided using articulation and/or modulation at least every sixty (60) oighty (80) feet facade modulation is stepping back or extending forward a portion of the facade at least five (5) ~ ~ feet measured perpendicular to the front facade for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. b. The primary residonoe entrance shall be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street. c. On corner lots, both street facades of a building shall have complementary details; in particular, building materials and color, rooflines and shapes, window proportions and spacing, and door placement. d. All mechanical equipment must be screened with a three (3)-foot high hedge spaced three (3) feet on center or an opaque fence or wall at any height to completely screen the mechanical equipment. e. A maximum of two feet of fill shall be allowed on site towards meetinQ FEMA requirements. Additional FEMA heiqht requirements shall be accomplished throuqh stem wall construction. Stem walls shall be finished in material and color complimentary to the main structure. BMUD Figure 4 - Typical Front Elevation, Residential Development Slngiø FemfIy DeI8<:hed Two sto!y Single Fernlly 0et8ched 3. Ji TIOO Fsm/Iy I Dup/eIII Two SIOIy Two! Buildings shall adhere to the following elevation requirements: a. The first habitable floor at the street facade may not be greater than one (1) foot over the minimum first floor elevation designated in the National flood Insurance Program by the Federal Emergency Management Agency (FEMA). A maximum of forty (40) percent of the first habitable floor may be greater than one (1) foot ~ "ILDC_An"ndm'ntsILOC C,de1 - 2005\2.0'.07.1. B,yshom ""d', Zoning 0'''''015 () SM.doc2J1412005 2,22,00 PM'7 ~ FINAL DRAFT: Bayshore Overlay the FEMA-designated minimum first floor elevation. b. Open stilt-type construction is not permitted. On front yards, the facade area below the first floor must be treated with a solid facade or lattice which is consistent with the architectural style of the building. c. The garage floor shall not exceed twenty-four (24) inches above the elevation of the right-of-way from which it is accessed. 4. Front porches that adhere to the following standards. a. Front porches mav encroach seven (7) feet into the front yard setback. with an additional three (3) foot encroachment allowablo for entry stairs. BMUD Fiaure 5: Front Porches I I I I I I I I I I . I I ûJdJ 1t1t Porcheo can ..._h 1 FT 1 ¡n\O F1'OIIt y"", ikIImol< ODD ODD ODD ODD ODD ODD ODD ODD s_. Porches 40% of Front Facade b. Front porches must cover a minimum of forty (40) percent of the horizontal length of the front yard facade of the primary residence. c. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. d. Front porches shall not be air-conditioned nor enclosed with glass, screen, or other material. e. Sooond story porches are encouraged, but no onolOEod room is pormitted above the front porch. e. Steps shall encroach no more than four feet into the front yard setback. 5. Garages and driveways. b. Garage doors shall have a maximum width of sixteen (16) feet. a. The rear setback may be reduced to ten (10) feet if a front-access garage is constructed on the rear of the residence. c. Other than the permitted driveway. the front yard may not be paved or otherwise used to accommodate parkina. Only one (1) drive'Nay is allowod per fifty (50) linoar 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts () SM.doc2l14/2005 2:22:00 PM 38 FINAL DRAFT: Bayshore Overlay f-eet of front property lino. The dri'l8w3Y Sh311 h3'19 a mClximum '....idth of oighteen (18) feet in tho right of W3.Y are::1- d. Garages shall be recessed a minimum of ten (10) threo (3) feet behind the front façade line of the primary residence. BMUD FiQure 6: GaraQe Recess 011,,11" ;<./ -->" I I Minimum 10 FT I i oJ , r ~ :/// /,/ I I I ==- t '''--)1 &ad< of ¡:¡ f-'- (Side_ / \ nul I FronIP_ \ ~ffÎ .. ( : Front Facade Uno 81d_ f. No carports are pormittod. e. No freestandinQ carports are permitted. Carports and portachere must be attached to the main structure and of similar materials and desiQn as the main structure. f. The distance from the back of the sidewalk to the QaraQe door must be at least 23 feet to allow room to park a vehicle on the driveway without parkinq over the sidewalk. Should the qaraqe be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the Qaraqe door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 6. Accessory Unit a. Ownership of an accessory unit shall not be transferred independently of the primary residence. b. Only one (1) accessory unit is permitted per principal structure. c. The maximum area of an accessory unit is 550 square feet, limited to one (1) habitable floor. d. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. e. The maximum height of a structure containing a guest unit over a garage is limited to fifteen (15) eightoon (18) feet, measured from the level of graded lot to the eave, and with a maximum overall building height of twenty (24) feet to the top of the roof. A 0L'"Q) ',ILDC_Am,ndm""ILDC Cyd, 1·2005\2.03.07.1. Bays",,", D,,'ay Zoning DIst"ots () SM.doo2J14/2005 2""00 PM 39 ~ FINAL DRAFT: Bayshore Overlay structure containing only a guest unit must meet is limited to one (1) story and ten (10) foot, mom::urad from the FEMA first habitable floor height requirement. to tho 03ve, with a maximum ovor311 building height of sixteen (16) feet to the top of the roof. t For purposes of calculating density, an accessory unit will count as one-half (1/2) a dwelling unit. 7. Fencing forward of the primary facade of the structure is permitted subject to the following conditions: a. The fence shall Gees not exceed three (3) four (4) feet in height. b. The fence is not opaque but provides an open view. c. Chain link fence is prohibited. d. The fence material shall be wood, vinyl, or metal ifGR. &:- !\ masonry wall is permitted and shall not exceed throe (3) feet in height. e. Fencing and walls must architecturally complement the primary structure as determined by the County Manager or designee. BMUD Figure 4 - Permitted Typical Fencing Ç,.:,.. Specific Standards for Bed And Breakfast LodQinQ as a Conditional Use 1. A site development plan pursuant to Chapter 10. 2. Minimum number of guest rooms or suites is two (2) with a maximum number of six (6). Guest occupancy is limited to a maximum stay of thirty (30) days. The minimum size of bedrooms for guest occupancy shall be 100 square feet. 3. No cooking facilities shall be allowed in guest rooms. 4. Separate toilet facilities for the exclusive use of guests must be provided. At least one (1) bathroom for each two (2) guestrooms shall be provided. 5. All automobile parking areas shall be provided on-site based upon a minimum of two (2) spaces plus one (1) space for each two (2) bedrooms. All other applicable provisions of this LDC relative to parking facilities shall apply. ® t\LDCJ.m",dmemsILDC Cyole 1 .200512.03.07.1. Ba"ho<e ""erte, Zon;ng DI,biot, () SM.doo211412005 2022000 PM q1 40 FINAL DRAFT: Bayshore Overlay 6. One (1) sign with a maximum sign area of four (4) square feet containing only the name of the proprietor or name of the residence. sign lettering shall be limited to two (2) inches in height and shall not be illuminated. 7. An on-site manager is required. 8. The facility shall comply with all business license, certifications, and health laws of Collier County and the State of Florida. 4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2) A. The purpose of this subdistrict is to encouraqe the development of multi-family residences as transitional uses between commercial and sinqle-family development. The multi-family buildinqs shall be compatible with the buildinq patterns and facade articulation of traditional neiqhborhood desiqn. B. Desiqn Standards for the Subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. Table 13. Setback Standards for BMUD Residential Subdistrict (R2) Setbacks Front Yard At! Min. Side Yard Min. Rear Yard One (Single) Family 25 feet 7.5 feet 1 5 feet Dwellinq Units Two Family Dwelling 25 feet 6 feet unless abutting 1 5 feet Units single family unit, then 7.5 feet Townhouse 25 feet 6 feet unless abutting 15 feet single family unit, then 7.5 feet Multi- Family (Three 25 feet 6 feet unless abutting 15 feet or more) Dwelling single family unit, then Units 7.5 feet 4.02.20 Design Standards for Development in the BMUD--Residential Subdistrict (R3) *Shall be 25 feet from the property line to the building footprint. A. The purpose of this district is to allow the development of mobile home, modular home, townhouses and single-family residences. All new development in this Subdistrict shall be compatible with the building patterns and facade articulation of traditional neighborhood design. The intent is to create a row of residential units with consistent front yard setbacks and access to the street. development standards for this Subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. B. Minimum Lot Width Single-familv 40 feet Modular homes 40 feet Townhouses 25 feet Mobile homes 40 feet C. Yard Requirements. I Front Yard At I Minimum Side Yard I Minimum Rear Yard 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 41 FINAL DRAFT: Bayshore Overlay One (Single) Family 1 0 feet 5 feet 8 feet Modular Dwellinq Units Dwellinq Units 1 0 feet 5 feet 8 feet Townhouse 1 0 feet o feet when abutting 8 feet another townhouse, if not then 5 feet. Mobile Homes 1 0 feet 5 feet 8 feet 4.02.21 Desh:~n Standards for Development in the BMUD--Residential Subdistrict (R4) A. The purpose of this Subdistrict is the same as Residential Subdistrict R2 except on Iv sinqle- familv detached dwellinqs is permitted. B. Development standards for the Residential Subdistrict R4 are the same as those set forth for the Residential Subdistrict R2. except on Iv sinqle-familv uses are permitted. 4.02.21a Design Standards for Development in the BMUD--Residential Neighborhood Commercial Subdistrict (RNC) A. The purpose and intent of this subdistrict is to allow limited home occupational businesses. B. Home occupation in section 5.02.01 of the LDC, shall apply unless specified otherwise below. Development standards for the subdistrict are the same as those set forth for the residential subdistrict 2, unless otherwise set forth below. ç. The home occupations permitted include: Accounting (8721), auditing and bookkeeping services (8721), barber shops and beauty salons (7231 except beauty culture schools, cosmetology schools, or barber colleges), engineer or architectural services (8713, 8712, 8711), insurance agents and brokers (6411), legal services (8111), and real estate agents (6531 except mobile home brokers, on-site; housing authorities, operating). Q. The home occupation shall be clearly incidental to and secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling unit. The following conditions shall be met: 1. There shall be a minimum of one (1) residential dwelling unit. 2. The resident of the home shall be the owner and operator of the home occupation. 3. The home occupation shall not occupy more than (thirty) 30 percent of the primary residential structure. 4. The home occupation shall not employ more than two (2) employees at any given time. 5. One (1) wall sign shall be permitted provided it does not exceed six (6) square feet in area, and shall not project more than four (4) feet from the building on which the sign is attached. 6. A total of two (2) parking spaces shall be provided for clients or customers. Two (2) additional parking spaces shall be provided for employees, if any. The required parking area or areas shall not be located in the front yard of the residence. 7. Parking areas shall consist of a dust free surface such as: Mulch, shell, or asphalt. A single row hedge at least twenty-four (24) inches in height at the time of planting shall be required around all parking areas. ~l 8. There shall be no additional drJveway to serve such home occupation. ~ 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts 0 SM.doc2l14/2005 2:22:00 PM 42 FINAL DRAFT: Bayshore Overlay 9. There shall not be outdoor storage of materials or equipment used or associated with the home occupation. 4.02.21b DesiQn Standards for Development in the BMUD--Residential Art VillaQe Subdistrict (RlAV) A. The purpose of this Subdistrict is to allow certain appropriate occupational uses oriented toward or supportinq a visual or cultural arts theme, and also which are compatible with, and capable of maintaininq or sustaininq a desired residential character, B. The Subdistrict can have sinqle residential only buildinqs, sinqle family residential buildinqs with allowable home occupations, and Artist Studios only buildinqs. Development standards for the Subdistrict are the same as those set forth for the Residential Subdistrict 2, unless otherwise set forth below. C. Home occupation in section 5.02.01 of the LDC, shall apply if the buildinq is a residential unit with a home occupation unless specified otherwise below. D. The occupations permitted include only artistic paintinq, ceramics / pottery, sculpture, or photoqraphy studios activities. .5.:.... If the residential buildinq has a home occupation shall be clearly incidental to and secondary to the use of the dwellinq for residential purposes and shall not chanqe the character of the dwellinq unit. The followinq conditions shall be met: 1:. There shall be a minimum of one (1) residential dwellinq unit. £. The resident of the home shall be the owner and operator of the home occupation. ~ The home occupation shall not occupy more than (thirty) 30 percent of the primary residential structure. 4. The home occupation shall not employ anyone on a permanent basis. 5. One (1) wall siqn shall be permitted provided it does not exceed six (6) square feet in area, and shall not project more than four (4) feet from the buildinq on which the siqn is attached. 6. A total of two (2) parkinq spaces shall be provided for clients or customers. L Parkinq areas shall consist of a dust free surface such as: Mulch, shell, or asphalt. A sinqle row hedqe at least twenty-four (24) inches in heiqht at the time of plantinq shall be required around all parkinq areas. ª'" There shall be no additional driveway to serve such home occupation. 9. There shall not be outdoor storaqe of materials or equipment used or associated with the home occupation. 1:\LDC_Amendments\LDC Cycle 1 - 2005\2.03.07.1. Bayshore Overlay Zoning Districts () SM.doc2l14/2005 2:22:00 PM 43 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger, Comprehensive Planning DEP ARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 2:62 LDC SECTION: 2.03.08 Eastern Lands/Rural Fringe Zoning Districts LDC SUPPLEMENT #: 2 CHANGE: Implementing provisions for the update and corrective GMP amendment known as the "glitch" amendment CPSP-2003-11 adopted by the BCC on October 26, 2004. Also, further implementing LDC for the TDR bonuses and Rural Villages amendment CP-2004-4 transmitted to DCA for ORC on January 25,2005. REASON: Required LDC to implement the "glitch" amendments and the forthcoming TDR bonuses and Rura1Villages amendment to be adopted in June 2005. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.03.07 Overlay Zoning Districts GROWTH MANAGEMENT PLAN IMP ACT: Implements the TDR program and RFMUD of the GMP OTHER NOTES/VERSION DATE: This draft provided by Marti Chumb1er, Esq., Carlton Fields, P. A. This version updated February 24, 2005, and modified AprilS, 2005, and April 21 2005 Amend the LDC as follows: 2.03.08 Eastcrn LandslRural Fringe Zoning Districts- A. Rural Fringe Mixed-Use District (RFMU District) 1. No change. 2. RFMU RECEIVING LANDS. No change. a. OUTSIDE RURAL VILLAGES TAL#540913 .1 @ 4/61/0'C TAL#540913 .1 (1) No change. (2) Maximum DENSITY. (a) No change. (b) Additional DENSITY i. Additional Density Allowed Through the TDR£ Process. Outside of RURAL VILLAGES, the maximum DENSITY achievable in RFMU RECENING LANDS through the TDR process credits and TDR Bonus credits is one (1) dwelling unit per acre. a) - c) No change ii. Additional DENSITY Allowed Through Other Density Bonuses. Once the maximum ª DENSITY of one (1) unit per acre is achieved through the use of TDRs credits and TDR Bonus credits, additional DENSITY may be achieved as follows: a) - b) No change. (3) Allowable Uses i. - x. No change Xl. Golf courses or driving ranges, subject to the following standards: a) The minimum density shall be as follows: i) For golf course projects MtiliziHg €lgH8it:; slgHdiHg Pr€J':i8i€)ßs s@t MrtH iH tH€ d€HSitj' RatiHg Systgm €If tH€ FLUE: one (1) dwelling unit per five (5) gross acres. ii) For golf course projects not utilizing density blending Provisions set forth in the Densitv Ratinf! System of the FLUE, including free standing golf courses: tHe miHimum d€Hsitj' sHall ê€ €JH€ (1) d':;glliHg MHit fJer fi':€(5) gr€Js8 agn~8, aHd @)ßg additi€Œal d':;elliHg I,Œit one TDR credit shall be reauired per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. ;;¡;;oo additi€Œa1 n~9.liin~d €l€HSÎtj' f€Jr SUgH g€J1f €€IMF8@ d@':¡s1€JfJm@Ht sHallê@ &êHig':€€lêy &€€}MiriHg TDRs f[€Im SgHéiiHg LafJ.€ls, TDR credits used to entitle f!olf course deve10Dment may also be used to entitle dwellinf! units within the same Dfoiect or a future modification of the same Dfoiect. At such time as the County aDDfoves a £olf course deve1oDment. evidence of sufficient TDR credits must be Dfovided to the County, Those TDR credits shall then be desif!nated as restricted and shall thereafter be available for use onlv to entitle residential density within the same Dfoiect or a future modification of the same Dfoiect. For the Dumoses of this Dfovision. subseauent develoDment shall be deemed to be the same Dfoiect when they are Dart of a unified Dlan of deve10Dment and are Dhvsicallv Dfoximate to one another. as those terms are defined for @ DUrDOSeS of section 380.0651(4), Florida Statutes. b) Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and BUILDING Design) have been incorporated into the golf course's design and operational procedures. c) - g) No change xii. Public and private schools, subject to the follov,ing criteria: educational plants and ancillary plants. a) Site area and school size shall be subject to the General EDUC^~TIONl\L E\CILITIES Report submitted annually by the Collier County School Board to the Board of County Commissioners. b) The Site must comply with the ST/~TE REQUIREMENTS FOR EDUC\TION/\L E\CILITIES adopted by the State Board of Education. c) The site shall be subject to all applicable State or Foderal regulations. xiii. OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, FA.C., as those rules existed on ,2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FA.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, FS., to assure compliance with Chapter 62C-25 through 62C-30, FA.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads TAL#540913.1 @ shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), FA.C. xiv. Park. open space. and recreational uses. xv. Private schools. " (b) No change. (c) CONDITIONAL USES. No change. i. Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimizejmpacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FA.C., as those rules existed on Januarv 14,2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), FA.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FA.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, FS., to assure compliance with Chapter 62C-25 through 62C-30, FA.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), FA.C. ii. - ix. No change. (4)-(6) No change. b. RURAL VILLAGES. No change (1) Allowable Uses: (a) All permitted uses identified in section 2.03.08-EAt.:.E21.=.fat.:.(3)(a), when specifically identified in, and approved as part of, a RURAL VILLAGE PUD. (b) CONDITIONAL USES 1 through 5, and 7 identified in section 2.03.08 fAH2t.:.fa1.:.(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. (c) - (e) No change. (2) (a) No change. (b) i. - vi. No change TAL#540913.1 @ TAL#540913.1 vii. Civic Uses and Public Parks - Minimum of B-% 10% of total rural village acreage. (3) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY of 2.0 units per gross acre and a maximum DENSITY of 3.0 units per gross acre, except that the minimum DENSITY within a NBMO RURAL VILLAGE shall be 1.5 units per gross acre. Those densities shall be achieved as follows: (a) No change. (b) Minimum DENSITY. For each TDR CREDIT for use in a RURi\L VILL\GE, one BONUS CREDIT shall be granted, up to the The minimum gross DENSITY ef in a RURAL VILLAGE is 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. i. For each TDR CREDIT used to achieve the minimum required density in a RURAL VILLAGE, one RURAL VILLAGE BONUS CREDIT shall be granted. RURAL VILLAGE BONUS CREDITS may only be utilized in RURAL VILLAGES and shall not be available for use once the minimum required density is achieved. ii. The minimum DENSITY shall be achieved through any combination of TDR CREDITS, RURAL VILLAGE BONUS CREDITS, and TDR BONUS CREDITS. (c) Maximum DENSITY. 1^" developer may ûchie'le a The maximum gross DENSITY excoeding the minimum required DENSITY, up to a maximum ef allowed in a RURAL VILLAGE is 3.0 units per acre,. The maximum DENSITY shall be achieved through any of theJollowing means, either in combination or individual1y: i. TDR CREDITS; ii. TDR BONUS CREDITS; Renumber ii. through iv. to iii. through v. (4) Other Design Standards (a) Transportation System Design. i. No change. ii. Each RURAL VILLAGE shall be served by a Drimarv ÞiRary road system that is accessible by the public. Nei2:hborhood Circulator. Local Residential Access and Residential LOOD roads mav aRe:! R€J f€Ja8.s sHall Rst be gated. The primary road§. system within the RURAL VILLAGE shall consist of Rural Maim Col1ectors at a minimum and be designed to meet County standards and shal1 be dedicated to the public. iii.- xiv. No change. xv. Required vehicular parking and loading amounts and design criteria: @) a) The amount of required parking shall be demonstrated through a shared parking analysis submitted ','lith the SR.^. designation application as part of the rural village PUD. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by the ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. XVI-XVII. No change. (b) - (d) No change (5) No change. (6) GREENBELT. Except within the NBMO RURAL VILLAGE, a GREENBELT averaging a minimum of ~ 300 feet in width, but not less than ~ 200 feet in width at any location, shall be required at the perimeter of the RURAL VILLAGE. The GREENBELT is required to ensure a permanently undeveloped edge surrounding the RURAL VILLAGE, thereby discouraging sprawl. GREENBELTS shall conform to the following: (a) - (d) No change. (7) OPEN SPACE: Within the RURAL VILLAGE, a minimum of +G-% 40% of OPEN SPACE shall be provided, inclusive of the GREENBELT. (8) No change. 3. NEUTRAL LANDS. No change. a. ALLOW ABLE USES. The following uses are permitted as of right: (1) Uses Permitted as of Right. (a) - U) No change. (k) Golf courses or driving ranges, subject to the following standards: i. Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management, Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. ii. - vi. No change. TAL#540913 .1 TAL#540913.1 (1) Public and private schools, subject to the following criteria: educational plants and ancillary plants. i. Site area and school size shall be subject to the General EDUCATION.,:\L E^....CILITIES Report submitted annually by the Collier County School Board to the BOilfd of County Commissioners. ii. The Site must comply with the STl~TE REQUIREMENTS FOR EDUC^....TION.,\L E^....CILITIES adopted by the State BOilfd of Education. iii. The site shall be subject to all applicable State or Federal regulations. (m) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to miñimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on ,2005 (effective date of this orovision) regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.c. n. Park, open space, and recreational uses. o. Private schools. (2) No change. (3) CONDITIONAL USES. No change. (a) - b. (c) Multi-family residential structures, subiect to the following development standards: (í) Building height limitation: 2 stories (íi) Buffer: 10 foot wide landscaDe buffer with trees sDaced no more than 30 feet on center; iii) Setbacks: 50% of the height of the building. but not less than 15 feet Renumber (d) to (e). Wal Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FA.C., as those rules existed on January 14,2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.00 1 (2), FA.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FA.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, FS., to assure compliance with Chapter 62C-25 through 62C-30, FA.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in R~le 62C-30.005(2)(a)(1) through (12), FA.C. Renumber (f) to (g). b. - e. No change. 4. RFMU SENDING LANDS. No change. a. ALLOW ABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED (1) Uses Permitted as of Right (a) - (f) No change. (g) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FA.C., as such rules existed on , 2005 (the effective date of this Drovision ), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.00 I (2), FA.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of an applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FA.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, TAL#540913 .1 the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), FA.C. - (2) No change. (3) CONDITIONAL USES. (a) - (b) No change. (c) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non- environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FA.C., as those rules existed on ,2005 (the effective date of this Drovision). regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), FA.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30, FA.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, FS., to assure compliance with Chapter 62C-25 through 62C-30, FA.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), FA.C. (d) No change. b. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED (1) Uses Permitted as of Right (a) - (g) No change. (h) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on . 2005 (the effective date of this Drovision), regardless TAL#540913 .1 @ of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), FA.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FÄ.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, FS., to assure compliance with Chapter 62C-25 through 62C-30, FA.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), FA.C. (i) Mitigation in coni unction with any County, state, or federal permitting. (2) CONDITIONAL USES (a) No change. (b) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non- environmental site DEVELOPMENT plan review procedures. Directiona1- drilling and/or previously cleared or disturbed areas shall be utilized in order to. minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FA.C., as those rules existed on .2005 (the effective date of this Dfovision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), FA.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30, FA.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, FS., to assure compliance with Chapter 62C-25 through 62C-30, FA.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), FA.C. (c) No change. c. - e. No change. 5. No change. C. No change. D. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) @ TAL#540913 .1 1. - 4. No change. 5. ADDITIONAL SPECIFIC AREA PROVISIONS a. RECEIVING LANDS (1) DENSITY. (a) No change. (b) This DENSITY may be increased, through TDR CREDITS and TDR BONUS CREDITS, up to a maximum of 1 dwelling unit per gross acre. (c) Once a DENSITY of 1 dwelling unit per gross acre is achieved through TDR CREDITS and TDR BONUS CREDITS, additional density may be achieved as follows: i. - iii. No change (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, ~ 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. . (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occurâ...by June 19, ~ 2005, or such other date as the GMP is amended to provide: i. No change. ii. the mine operator commits to construct a private haul road by June 19, ~ 2007, or such other date as the GMP is amended to provide, without the use of any public funds. (c) No change. (3) A GREENBELT is not required for any DEVELOPMENT in NBMO Receiving Lands, whether inside or outside of a RURAL VILLAGE. However, any GREENBELT that is provided in a NBMO RURAL VILLAGE shall be included in the calculation of open space. (4) NBMO RURAL VILLAGE. No change. (a) DENSITY. No change. i. The minimum required DENSITY shall be achieved through TDR CREDITS, TDR BONUS CREDITS, and RURAL VILLAGE BONUS CREDITS, as provided in section 2.03.08 fAj..J2j..Jbj..=.C3)(C). ii. Once the minimum required DENSITY is achieved, additional DENSITY may be achieved, up to the maximum of three (3) DWELLING UNITS per gross acre through anyone or combination of the following: TAL#540913 .1 a) TDR CREDIT~_ ~ b) TDR BONUS CREDITS: Renumber b) through d) to c) to e). b. No change. TAL#540913 .1 LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 2:124 LDC SECTION: 2.05.02 Density Blending LDC SUPPLEMENT #: New CHANGE: Implementing provisions for the update, clarification and corrective GMP amendment for the RFMUD know as the "glitch" amendment CPSP-2003-11 adopted by the BCC on October 26, 2004. REASON: Required LDC to implement the "glitch" amendments FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Sections 2.03.07 and 2.03.08 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This draft provided by Marti Chumb1er. Esq., Carlton Fields, P.A. This version drafted February 1,2005 Amend the LDC as follows: 2.05.02 Density Blending A. No change. B. Conditions and limitations. 1. - 3. No change. 4. Lands straddling RFMU Receiving and Neutral Lands. Density blending between properties straddling Receiving and Neutral Lands in the RFMU District is permitted subiect to all of the following condit_i_~~~,,~~d limitations: // ""I '\ ,I ( LL¡ i:) - \/Î '-----~/ a. The property was under unified control as of June 19,2002: b. The project for which density is to be blended shall be a minimum of 80 aggregate acres m Size: c. A minimum of25% of the property shall be RFMU Receiving Land; d. The proiect shall extend central water and sewer to serve the entire project, unless alternative interim sewer and water provisions are authorized by the County; and e. The density shall be shifted so as to preserve and protect the highest quality native vegetation and wildlife habitat on-site and to maximize the connectivity of such native vegetation and wildlife habitat with adjacent preservation and habitat areas. LDC Amendment Request 2- ORIGIN: Community Development and Environmental Services Division AUTHOR: Cormac Giblin, Housing and Grants Manager DEPARTMENT: Financial Administration and Housing AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC SECTION: 2.06.03 - AHDB Rating System LDC SUPPLEMENT #: CHANGE: Update to the Affordable Housing Density Bonus Rating System, bringing the charts up to date with current practices and market conditions. REASON: The AHDB Rating system was written over ten years ago and has not been revisited as required in the Housing Element of the Comprehensive Plan. FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: Required by Policy 2.9 of the Housing Element of the Comprehensive Plan. OTHER NOTESNERSION DATE: This version was created on April 20 (date) at 10:00AM. Amend the LDC as follows: 2.06.03 AHDB Rating System A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development , based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family, and percentage of affordable housing units in the development. To use the AHDB rating system, Tables A anà---B;- below, shall be used. Tables A tmd-ß shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. 1. First, choose the household income level (moderate, low, or yerj low 50% of Median Income, 60% of Median Income, or 80% of Median Income) of the affordable housing unites) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table .^., choose the number of bedrooms proposed for the affordable housing unites). An AHDB ffitffig based on the household income level and the number of bedrooms is shown in Table A @ Table :\. TABLE mSET: , ~"'~ - .1 , , , T ':"'.,- . ..I 1 ;L ~ . , . A .J. _. I. ~ ()- * 11* ,. '- 'I::>' 'J , . . .1. ",_ :t. , ,. . . 2- ~ ~ , '5' '~UUJ ~, 'J J <T. 1 . . .____..1 .1 ~, :t. . ~ ., .' ~ ~ ~ 'J , '5' '- '- *For cluster housing de'¡elopment s in the urban ooastal fringe, add one (I) density bonus to obtain two (2). 2. After the ,^.HDB rating has been determined in Table A, locate it in Table E, and determine the percenta¡:;e of that type of offardable housing unit proposed in the development oompared to the total Humber of dwelling units in the development. From this dotermination, Iable b Ii will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density . These additional residential dwelling units per gross acre are the maximum AHDB available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on table b A shall receive an AHDB equal to the lower of the two (2) percentages it lies between, plus one-tenth (1/10) of a residential dwelling unit per gross acre for each additional percentage of affordable housing feHtal units in the development. For example, a development which has twenty-four (24) percent of its total residential dwelling units as affordable housing units, and ",;hich has an AHDB rating of" 1" at the 80%MI level will receive an AHDB of 4A 2.4 residential dwelling units per gross acre for the development. Table B. (f.dditional a','ailable dwelling units per gross acre) TABLE INSET: / 3. Where more than one (1) type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the AHDB for each type shall be calculated separately in Table R After the AHDB calculations for each type of affordable housing unit have been completed in Table B, the @ AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed eight (8) dwelling units per gross acre. Table A. Affordable Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) 10% 100% 80% MI* 1 2 J 1 ~ Q 1 -ª- 2- lQ Income 60% MI 2 J 1 ~ Q 1 -ª- 2- 1J! 11 Level 50% MI 3 4 5 6 7 8 9 10 11 12 *Owner-occupied only Total Allowable Density = Base Density + Affordable Housing Density Bonus In no event shall the maximum gross density allowed exceed 16 units per acre. B. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, where applicable. C. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten (l0) affordable housing units. D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to the ratio of the number of bedrooms per residential unit for the entire development. p'- LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Cormac Giblin, Housing and Grants Manager DEP ARTMENT: Financial Administration and Housing AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC SECTION: 2.06.03 - AHDB Rating System LDC SUPPLEMENT #: CHANGE: Update to the Affordable Housing Density Bonus Rating System, bringing the charts up to date with current practices and market conditions. REASON: The AHDB Rating system was written over ten years ago and has not been revisited as required in the Housing Element of the Comprehensive Plan. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Required by Policy 2.9 of the Housing Element of the Comprehensive Plan. OTHER NOTESNERSION DATE: This version was created on January 28, 2005 at 10:33 a.m. Amend the LDC as follows: 2.06.03 AHDB Rating System A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development , based on household income level, numbcr of bedrooms per affordable housing '...mit, type of affordable housing units (owner-occupied or rental, sing1e- family or multi-family, and percentage of affordable housing units in the development. To use the AHDB rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to the ratio of the number of bedrooms per residential unit for the entire development. LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC2: 131 and LDC4:4-5 LDC SECTION: Section 2.07.00 and 4.02.01 LDC SUPPLEMENT #: Supplement 1 CHANGE: 1) Relocating the table of mInImUm yard requirements (minimum setbacks) from Chapter 2, pertaining primarily to Zoning Uses, to Chapter 4, pertaining to dimensional standards for development, and adding a provision for measuring setbacks (i.e., for minimum required yards) where road right-of-way easements burden a portion of such yards. 2) Also, adding an exemption for legal non-conforming lots in the CON district. 3) Finally, making a few corrections to footage requirements in various portions ofthe table. REASON: 1) This table is more appropriately located with similar provisions regulating lot dimensions and site design as general development standards. The additional text was not included as part of the definition of "setback line" as it is operative in nature, but it was not inserted into the operative text of the LDC as part of the LDC's recodification. 2) The original LDC (Ordinance 91-102) failed to provide for an exemption for those lots that were in existence prior to the effective date of the LDC. 3) This language was not transcribed as it should have been during the recodification of Cycle 1, 2004 (Ordinance 2004-41) FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 4:15 p.m. This version was created on December 7, 2004 at Note that any cross-references contained in the LDC to Table/section 2.07.00 should befound with a word search and revised to reflect the new section (4.02.01) and Table identification. Amend the LDC as follows: 2.07.00 TLAABLE OF SETR'\CKS FOR RAASE ZONINC DISTRICTS . . . . . ~ +MH Distriet additional yard requirements: side yard setbaek from a public road that is ØJcternal to the booodary of the park - 50ft.; the minimum setback on any side from the mcterior bO\:1Fl:dary of the park - 15ft. ~TRVC District additioFl:al yard requirements: setback from exterior boundary of park - 50 ft.; setbaek from an eJcternal street - 50 ft., setback from an internal street - 25 ft.; setback from any building or other strueture - 10ft. ~C 3 District minimum setback on any side that is waterfront - 25 ft.; setbaek for marinas- HeB&.- 4C 4 and C 5 Districts minimUfR setbaek on any side that is waterfront - 25 ft.; setback for marinas - none; setback on any side adjacent to a railroad right of way - none A - 50% of the building height, but not less than 15 feet. B - 50% of the building height, but not less than 30 feot. C - 50% of the building height, but not less than 25 feet. D - 50% of the building height, but not less than 25 feet. Structures 50 feet or more in height- 25 feet plus OFl:e additional fDot of setback fDr each foot of building height oyer 50 feot. E - the total of all side yard setbaeks shall equal 20% of the let vlidth, with a maximum of 50 feet. No side yard shall be less than 10 feet. L^..lterna-tiT/o dimeFlsions may be possible T.'"/hon approved through a unified plan of development involTlÌng one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. F - the yard requirements shall be equal to the most restrictive adjoining district. x - for principal structures: 50 feet from all property lines; for accessory structures: 25 feet from all property lines. * * * * * * * * * * * * * 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. * * * * * * * * * * * * * Table 2.1 - TABLE OF MINIMUM YARD REOUIRMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to Setback line measurement: minimum setback lines are typically measured ITom the legal boundary of a lot. regardless of all easements burdening a lot. with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured form the road right-of-way easement line. 10 7.5 25 10 7.5 25 10 7.5 S.P.25 7.5 u lex 25 10 3 + units 30 15 30 ublic School e uirements 50 75 HI 25 TTRVC2 C-1 C-2 25 C_33 C C-44 C_54 14 p 50 CON5 50 p CF aterfront 10 15 15 15 15 10 50 10 50 50 on- esidentia1 15 licab1e overla district located in the l IMH District - additional yard requirements: side yard setback from a public road that is external to the boundary of the park = 50 ft.: the minimum setback on any side from the exterior boundary of the park = 15ft. 2TTRVC District - additional yard requirements: setback from exterior boundary of park = 50 ft.: setback from an external street = 50 ft.. setback from an internal street = 25 ft.: setback from any building or other structure = 10ft. 3C_3 District - minimum setback on anv side that is waterfront = 25 ft.: setback for marinas = none. _ Districts - minimum setback on any side that is waterfront = 25 ft.: setback for marinas = none: setback on any side adjacent to a railroad right-of-way = none 5 Anynon-conforming platted lot of record ill thð CON DistI"ict that existed before November 13. 1991 will be subj ect to the following standards: Front yard: 40 feet. Side yard: . ten percent of the lot width, but no more thån 20 feet on each· side. Rear Yard:·. 30 feet. A = 50% of the building height. but not less than 15 feet. B = 50% of the building height, but not less than 30 feet. C = 50% of the building height, but not less than 25 feet. D = 50% of the building height, but not less than 25 feet. Structures 50 feet or more in height = 25 feet plus one additional foot of setback for each foot of building height over 50 feet. E = the total of all side yard setbacks shall equal 20% of the lot width, with a maximum of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved through a unified plan of development involving one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. F = the yard requirements shall be equal to the most restrictive adjoining district. x = for principal structures: 50 feet from all property lines: for accessory structures: 25 feet from all property lines. LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 3:10 3.03.06 Native Vegetation Retention on CO~tal ";'t': ~ Original LDC recodificati.<:>1i G94-41)\ èr~: r .... 40~. CHANGE: Clarification of the protectio:~~1WeÀ,}or:fàSta¡, native vegetation, REASON: County staff gets requ~sts f()r natÍye v~getation removal on the shoreline and even though it is cl~ar that these area~J?J-u'~t be jrovided.ßxtra protection, we are sometimes asked to provide citations for the prohib,it~n ofÞ:taniêµringfuese areas. J ,..~3);:j' '¡j~, '~" . '" . . FISCAIk & OPERATIONAL IM:t>ACT~: None ~: ~~ .",~," '::' ¡~l.:__. -?~, "'1'<¡_:_ .,:, " ~YLA TEI5'ÇODE~ OR REGULÀ TIONS: Lip,e pefl11its for dun¢ vegetation. ~j~ ~:: -"~ LDC SECTION: LDC SUPPLEMENT #: " 10.02.06 H 2 - Coastal Construction Setback ';¡itk. , GRÕWTH MANAG~MENT PLAN IMP ACT: None \";~,;-";- :\~:t ~, OTHEIi~bTESNERSION DATE: ~:~ :(' This version was created on December 7, 2004 3.03.06 Native Vegetation Retention on Coastal Barriers Native vegetation retention or revegetation shall be in compliance with the requirements of section 3.05.00, and shall incorporate, at a minimum, the preservation and revegetation standards as follows: A. Native vegetation shall be preserved to the maximum extent possible. To the extent that native vegetation cannot be retained on-site, and the remaining native vegetation can be supplemented without degrading or damaging its natural function, then the existing native vegetation shall be supplemented with éompatib1e vegetation on-site B. c. D. E. F~", All beach fÌont land development projects shall be required to revegetate the dune where the dune is devoid of coastal dune vegetation. 1\ All land development projects shall provide 1 00 percel1,l~ativ~ Southern Floridian species within their required landscaping and':bufferipg standards as established within section 4.06.00. .. \ ~ ~~~ ~ :,-'i '_';~-~ Appropriate coastal dune or strand vegetattpn sl<1all ge required as the only stabilizing medium in any coastal baIrier d~ne o;;šf~and vegetation restoration "''';<f,'::'' x.:, ¿> program·~~L ., I.¥¡'; - ~_~ ~l'Ii::." )\ Native vegetation on sh~reiin~g~'ëitb~r naturally existing or planted in coastal dunes or strands or sêâ~trd ofihe CCSL. shaH not be trimmed or altered in any way and shall not bt\ ìfìed as 1andsca inu. This shall be a re uirement of all ''''Coastal CoI1.1ct1ûìi'" e ck Line ennits issued for dune creation enhanccmcnt or re-vege '. (lÕ.02.06 H 2). Exceptions made be allowed when it is neccssafy for s'afety reasons to trim along walkways or adiaccnt to buildings. " ~, c. ~,. '-:.', '~"---'. ',-,- '"!",:-;,~; TcmporarY irrigation mav bc utilized only until newlv planted vegetation can bc established. "'c, "";:: LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 3:20 LDC SECTION: Section 3.04.02. B LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: To remove the prohibition for construction or repair of any structure, including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, during sea turtle nesting season on any County beaches. REASON: To allow for construction or repair of any structure, including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, during sea turtle nesting season on any County beaches with the added criteria as was presented to the Board of County Commissioners at a meeting last summer. FISCAL & OPERATIONAL IMPACTS: None RELA TED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on April 8,2005 Amend the LDC as follows: 3.04.02.B Sea Turtle Protection. ****************************************************************************** 5. It shall be unlawful, during the nesting season, to construct any structure, add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beac where sea turtles nest or may nest, 4-/8/05 without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. a. If sea turtle nesting occurs within 100 yards of the construction, measured parallel to the shoreline during permitted construction activities, the nest area shall be flagged by the permittee and the County Manager or designee informed prior to 9:00 a.m. of that mornmg. b. Depending on nest location, in relation to intensive construction activities, the County Manager or designee may require that the nest(s) be relocated by the applicant. c. Construction activities shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, shall maintain the natural existing beach profile, and minimize interference with the natural beach dynamics and function. d. Construction or repair of any structure, including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, shall not be permitted during sea turtle nesting season on any County beaches, except if permitted structures are damaged by a named storm, significant un-named storm event or other declared natural disaster and all the following conditions are met: 1. Minor repair work (boards need to be nailed back to the existing intact structure. or a few boards need to be replaced) that can be performed comµletely from atop the structure is authorized after obtaining the necessary approval of the FDEP and notifying Collier County Environmental Services of that work. 2. Prior to any maior repair work (greater than that described in 1 above) or reconstruction of any part of the structure. the following information shall be provided to so that staff can determine if the maior repair or reconstruction can occur prior to the end of sea turtle nesting season: a. The appropriate permit from FDEP. b. The location of all known sea turtle nests. Community Development and Environmental Services (CDES) staff will provide assistance in locating nests. Construction activities shall not occur within 10 feet of these boundaries for viable nests. c. A survey by a qualified consultant locating any gopher tortoise burrows on site within 50 feet of the structure. Relocation of gopher tortoises will be required when the burrows are in harms way of the construction activity. d. Photographs of the site as it existed after the storm to document the conditions of the property. e. An aerial of the property showing the CCSL line. f. A copy of a CCSL variance or CCSL permit if required and building permit approving the original construction of the structure. 3. Sea turtle nest locations will be reestablished using their previously recorded GPS locations and accuracy data to identify a 95% confidence boundary. Construction activities shall not occur within 10 feet of these boundaries for viable nests. Nests will be considered viable for 80 days from the time the nest was recorded unless it can be proven that a particular nest has been damaged by the storm and there is no chance of any hatchlings. 4. Minor structures, as defined by Florida Statutes Subsection 161.055, of the Coastal Zone Protection Act of 1985, shall be approved provided that they also comply with: a. Federal requirements for elevations above the 100-year flood level. b. Collier County Building Code requirements for flood proofing, c. Current building and life safety codes, d. Collier County and State of Florida Department of Environmental Protection CCSLlCCCL regulations, e. Applicable disability access regulations of the American Disability Act (ADA), and f. Any required Collier County zoning and other development regulations with the exception of existing density or intensity requirements established, unless compliance with such zoning or other development regulations would preclude reconstruction otherwise intended by the Build back Policy as determined by the Emergency Review Board established herein. 6. The following shall be obligations for all property owners who have had sand washed ashore (as a result of a storm) and deposited on the dune and seaward of the CCSL. As supported by GMP Conservation and Coastal Management Element Obiective 10.4 and Policy 10.4.8 , construction seaward of the CCSL shall not interfere with sea turtle nesting, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation @ and help in the restoration of natural functions of coastal barriers and beaches and dunes. The property owner may be prohibited from removing the deposited sand when it is determined that the wash over was a part of the natural rebuilding of the beach and dune system. Only native salt tolerant beach or dune vegetation may be planted on the deposited sand, after obtaining a Collier County CCSL permit. This shall not apply to sand washed over onto yards that have received Collier County approvals for landscaping seaward of the CCSL (such as single family homes along Vanderbilt Beach). 61. It shall be unlawful for any person to kill, molest, or cause direct or indirect injury top any species of sea turtle in Collier County or within it's jurisdictional waters. It shall be unlawful to collect or possess any part of a sea turtle. LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 3:26 LDC SECTION: Section 3.05.05 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Allow for removal of vegetation on construction projects when the Environmental Review is complete, instead of waiting until all, possibly unrelated, reviews are complete and the final, formal SDP approval is issued. Provide for other circumstances in which minimal clearing may be allowed such as for habitat management, fire breaks, state or federal permit issuance and in conjunction with conducting preserve management. REASON: Most reviews are not related to tree removal and occasionally, the final review is delayed awaiting the resolution of issues that have nothing to do with infrastructure construction. The code presently does not address these circumstances. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Section 4.06.04 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on March 7, 2005 Amend the LDC as follows: 3.05.05 Criteria for Removal of Protected Vegetation The County Manager or designee may approve an application for vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an ® 4 J 8/oS approval in accordance with the criteria set forth in this section. In addition, a vegetation removal permit may be issued under the following conditions: A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. B. Diseased or otherwise unhealthy vegetation, as determined by standard horticultural practices, and, if required, a site inspection by the County Manager or designee. C. A fina110ca1 development order has been issued which requires allows removal of the protected vegetation. D. Compliance with other codes and/or ordinances may involve protected vegetation removal. E. Replacement of non-native vegetation shall be with native vegetation and shall be subject to the approval ofthe County Manager or designee. Replacement vegetation shall comply with the standards of section 4.06.05 and shall include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with seven foot crown spread and dbh (diameter at breast height) of three inches. Replacement native vegetation shall be planted within fourteen (14) calendar days of removal. F. On a parcel of land zoned RSF, VR, E, or other nonagricultural, noncommercial zoning district in which single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. G. The proposed mangrove alteration has a DEP permit, or meets the permitting standards in the Florida Administrative Code. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. H. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state, federal or county approved or endorsed environmental preservation, enhancement, or restoration projects; or fire breaks approved by the State of Flarida, Di':ision afForestry, shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency permits. 1. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the County Manager or his designee provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The Cêj) vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the County Manager or his designee. J. Landscape plant removal or replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in section 4.06.00. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. K. Removal of vegetation for firebreaks approved by the State of Florida, Division of Forestry, shall be permitted. The width of the approved clearing shall be limited to the minimum width determined necessary by the Division of Forestry. L. A State or Federal permit issuance depends on data that cannot be obtained without preliminary removal of some protected vegetation. The clearing shall be minimized and shall not allow any greater impacts to the native vegetation on site than is absolutely necessary. Clearing shall be limited to areas that are outside any on-site preserves, as identified on the PUD master plan, Plat/Construction Plans or Site Development Plan. M. In conjunction with a Collier County approved Preserve Management Plan, native vegetation clearing may be approved only when it is to improve the native habitat or to improve listed species habitat. N. Conservation Collier projects which may need minimal clearing for parking, pathways for walking, or structures that may not require site plan approvals. O. Early clearing will be allowed in conjunction with an approved Early Work Authorization (EW A) permit; after the Environmental Services Review Staff approves the necessary components of the project to ensure the appropriate environmental protection and preservation on site. This can only be allowed after the following are completed and approved: 1) final configuration and protection of the preserve is complete, 2) the conservation easements are completed and approved by both the environmental review staff and the county attorney's office, 3) the environmental review staff has approved the clearing of the site through the site clearing plan, and 4) copies of all approved Federal, State, and Local permits must be submitted and reviewed against the site clearing and preservation plans. Early clearing does not authorize approval for excavation, spreading fill, or grading, which must be approved through an approved EW A permit, in accordance with section 10.01.02.B. If for any reason the underlying SDP or PPL is not approved, the property owner will be responsible for revegetation of the site using the criteria set forth in Section 4.06.04.A.1.a.vii. ® ¡,. .... , \ " , 11< , , :i. ,~:: "1 I ,if { LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 3 :27 LDC SECTION: Section 3.05.07. A. Preservation Standards LDC SUPPLEMENT #: New CHANGE: Implementing provisions for the update, clarification and corrective GMP amendment associated with the RFMUDIRLSA known as the "glitch" amendments CPSP-2003- 11 adopted by the BCC on October 26, 2004. REASON: Required LDC to implement the "glitch" amendments FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This draft provided by Marti Chumbler, ESQ., Carlton Fields. P.A. This version dated February 1,2005. Amend the LDC as follows: 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. 1. - 2. No change, 3. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 FJ. and 3.05.07 GJ.C.: a. Onsite wetlands haviHg a£ assessed :funetioHa1ity of 0.65 or greater; 1:r.ª,- Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Onsite wetlands having an accepted WRAP score of 0.65 or a Uniform Wetland Mitigation Assessment Score of 0.7. c. - i. No change. 4. - 5. No change. B. - H. No change LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC 3:42 LDC SECTION: 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Amend the criteria used to require removal of exotic vegetation, applicable to single-family and two-family lots. REASON: County staff amended the LDC a couple of years ago to require the removal of exotics on single-family and two-family lots for any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. It has been very costly to property owners to remove exotics on their property if they are only doing a minor addition to their home. It is also a burden on County staff to inspect exotic removal for such small modifications. This amendment is to provide some relief to the property owner so that they are not obligated to remove exotics if they are proposing a minor change and shall not apply to tents, awnings, cabanas, or screened enclosures not having a roof impervious to weather. This shall not apply to remodeling of any existing structure. FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2004 This version was created on December 7, 4þ-~ /0';- 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Ear leaf acacia (Acacia auricu1iformis) Australian pine (Casuarina spp.) Me1a1euca (Mela1euca spp.) Catclaw mimose (Minosa pigra) Downy rosemyrt1e (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (A1bizia 1ebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bu1bifera) Lather leaf (Co1ubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation ofland or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the u.s. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. C. Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements ofthis section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. This shall not apply to tents. awnÎnes, cabanas. utility storaee sheds. or screened enclosures not havine a roof impervious to weather. This shall not apply to interior remodeline of any existine structure. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single- family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. ® LDC Amendment Request ORIGIN: Public Utilities Division AUTHOR: Ray Smith, Director DEP ARTMENT: Pollution Control and Prevention AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC3:58 LDC SECTION: Section 3.06.06 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Through the "Wellfie1d Remodeling" exercise, Collier County's Ground Water Protection LDC will better reflect the current status of those municipal wells located within the County. The attached proposed surficial aquifer system Municipal Potable Water Supply Well Field illustrations typically found in Section 3.06.02 A. (Collier County UtiJities Well Field, City of Naples Coastal Ridge Well Field, City of Naples East Golden Gate Well Field, Everglades City Well Field, Florida Governmental Utility Authority Golden Gate City Well Field, Immoka1ee Well Field and Orange Tree Well Field) reflect the update of the "Well Field Risk Management Zones" due to the identitìcation of municipal wells that have been added or deleted since the last LDC review. REASON: Wellfie1d Remodeling FISCAL & OPERATIONAL IMPACTS: There are no known fiscal impacts on Collier County other than the cost of updating the existing Ground Water Protection LDC maps and Zoning Maps. The only known operational impact would be the required identification and application of changes in County's Ground Water Protection LDC land use restrictions, due to changes in active municipal potable water well locations and pump rates. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 1:31 p.m. This version was created on December 14, 2004 at Amend the LDC as follows: 3/g/0:; 3.06.06 Regulated Wellfie1ds The following wellfie1d risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfie1ds: A. City of Naples East Golden Gate Well Field \Vellfie1d. B. City of Naples Coastal Ridge Well Field (Good1ette Road) Volellfield. C. Collier County Utilities Golden Gate Well Field Wellfie1d. D. Everglades City Well Field Vlellfie1d. E. Florida Governmental Utility Authority Golden Gate City Well Field Water Treatment Plant Wellfie1d. F. +he Orange Tree Well Field Wellfie1d. G.Immoka1ee \-Vater and Sevier District Well Field. \vellfie1ds drilled into the Lower Tamiami aquifers and Sandstone aquif-ers. ï1 cõ· c ëD ..... 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CD ëD "'" (1) ~ (() ..... ., fìj ¡..-....> ¡..-....> <+ w ro' I a: ...¡::". .... ---s (]'I -u a (() - (1) Sl (() ( õ· :::I ~ N ~ 0 :::I ( CD .~ ( en f ~ ¡..-....> '-J (]'I W ~ \Û CD ~ (() ~ r- ë r- g ~ -- fìj I-:-" CD CJl (() W 0 '-J fìj r- º- 9 l o ) Cj ~ fìj ¡..-....> \JJ W ~ ~ w LEfT I Nl=£NllONAU'-) ~ < ;r\. .l.2,~¡. . j~\\. r'J 1~~, l,..,~..A"" .. ~·n·'") . . j .øi.. "') J..". I '~.cl ~./ ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005 Cycle I LDC PAGE: LDC/UDC SECTION: LDC section 4.06.01.E.3. maybe LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Require certification of installed landscapes. REASON: To ensure compliance with landscape plan and expedite landscape inspection approvals. FISCAL & OPERATIONAL IMPACTS: There will be a minor hourly cost to send the designer out to the site to ensure compliance with the approved plan. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMP ACT: None. OTHER NOTES: This landscape certification has been successful in other counties such as Lee County. The development community and governmental agencies have embraced it because it has resulted in obtaining approvals more smoothly and quickly. Amend the LDC as follows: 4.06.01 E.3 [new section] Landscape certificate of compliance. The LANDSCAPE architect must inspect and certify that all open space area, landscaping and the irrigation system are in substantial compliance With the landscape and irrigation plans approved as part of the development order. Insubstantial changes to an approved landscape plan shall be approved through the Insubstantial Change process. LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant)/Stan Chrzanowski DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDCPAGE: LDC4:107-108 LDC SECTION: Section 4.06.04 A and B. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding language to allow for Preliminary Clearing and Excavation Permits under certain circumstances. Deleting Section 4.06.04 B. REASON: Allow for preliminary clearing once the Environmental review is complete and approved. Regarding Section B, this language is also contained in section 3.03.06 and is more appropriately located in that section. FISCAL & OPERATIONAL IMPACTS: Staff should be revlewmg less VRSFPs, as the increase in acreage will potentially reduce their number. RELATED CODES OR REGULATIONS: LDC Section 3.05.05, LDC section 3.03.06 GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created on April 8, 2005 Note that a search should be performed of the entire LDC and any references to these section numbers should be modified accordingly based on this change. Amend the LDC as follows: 4.06.04 Trees and Vegetation Protection A. Vegetation Removal and Site Filling: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal and Site Filling Permit unless exempted by section @ 4- /2-<6/0<: 3.05.02. The Vegetation Removal Permit process is governed by section 3.05.01.3.05.05. a. Permitted removal of vegetation or site filling with an approved Vegetation Removal and Site Filling Permit (VRSFP), Site Development Plans (SDP) or Plat and Construction Plans (PPL) 1. For individual single family lots or blocks of lots 1) a completed building permit application must be submitted and deemed sufficient by Collier County, 2) all necessary current state and Federal environmental permits must be obtained. If these two items are fulfilled, a VRSFP must be obtained prior to removal of this vegetation. 11 To allow for safety during tree removal, if a developer owns contiguous single-family lots, the trees on the single family lots directly adjacent to a lot where a house is under construction may be removed, if removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation. iii. A developer will be permitted to clear up to ~ 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place when the following information has been submitted and approved with the SDP or PPL. Fill dirt may be imported on to the site if there is no excess lake material generated on site. Imported fill dirt may be used towards the lot preparation of not more than 50 acres, per section 4.06.04.A.1.a.iii.c. a) Plat and Construction Plans: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential, commercial or industrial Plat and construction Plans. Clearing of individual lots or blocks of lots may be approved. i) The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of4:1. ii) The type of vegetation to be removed must be shown on the drawmg® iii) The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. b) Site Development Plans (SDPs) and Site Improvement Plans (SIPs ): i) Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SDP or SIP site clearing plans. ii) Residential SDPs: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved. iii) The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing . referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1. iv) The type of vegetation to be removed must be shown on the drawing. v) The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. c) A portion of the ~ 100 acres may be used to bring building lots to desired construction elevations. The area used to prepare lots shall not exceed +G 50 acres and those lots shall immediately be stabilized and seeded, to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SDP or PPL approval prior. IV. No VRSFP will be issued without first submitting copies of all required approved agency permits, regardless of whether the permit is for clearing and filling or simply filling a site. v. When a VRSFP authorizing up to ~ 100 acres of clearing and filling is nearing capacity, permission to clear and fill up to an additional ~ 100 -acres to use excess lake material may be applied for with a new VRSFP application. VI. A VRSFP will be issued to authorize greater than ~ 100 acres of residential, commercial, or industrial lots to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place, when the property used for storing excess fill has been previously cleared or has greater than 75% canopy of exotics. vii. Revegetation: For VRSFPs within subdivisions, a revegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted. a) When fill is used to bring building lots to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation. b) All fill areas for lots or stockpiles must have erosion control silt fencing. c) Any stockpile in place for more than six months must be sodded or hydro seeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $10.00 per acre, per day. d) In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems, and must not be less than 64 trees per acre with associated mid-story and groundcover. 2. BCC Approved Vegetation Removal and Site Filling Permit Procedures An applicant can seek approval by the Board of County Commissioners for a Board approved Vegetation Removal and Site Filling Permit (VRSFP) for a site that exceeds current thresholds contained in the Land Development Code. To be granted a Board Approved VRSFP, the applicant must demonstrate to the Board, through a Schedule of Development Activities, that the project will be completed in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and inconvenience to the nei hboring and general public. All criteria in 4.06.04 A.1.a that applies to the administrative VRSFP, shall also apply to the BCC approved permit. B. Protection of native yegetatian on coastal barriers. Natiye vegetatioD retention or revegetation shall be in compliance with the requirements of section 3.05.07 and shall incorporate at a minimum the preservation and revegetation standards as follows: 1. Nati~¡e vegetatioD shall be preserved to the maximum extent possible. To the extent that Dative "iegetatiaD cannot be retained on site and the remaining Dative vegetatioD can be supplemented without degrading or damaging its natural function, then the mcisting Dative vegetatioD shall be supplemented with compatible vegetation on site. 2. .All beachfront land developmcDt projects shall be required to revegetate the dUDe where the dUDe is devoid of coastal dUDe vegetation. 3. "^J11and developmeDt projects shall provide 100 percent native Southern Floridian species within their required landscaping and bufferiDg standards as established within this section 1.06.00. 1. "^....ppropriate coastal dUDe or strand 'legetation shall be required as the only stabilizing medium in any coastal barrier dune or strand vegetation restoration program. I+.- B. Credit for Tree Preservation. Existing trees may be credited towards meeting the minimum tree planting requirements according to the formula in table 4.06.04 I+.- B. - 1. Fractional measurements shall be attributed to the next lowest category. Table 4.06.04 Do B. - 1. Calculation Of Tree Preservation Credits Existing Crown or Spread of Preserved Trees 50 feet or greater or 40 to 49 feet or 30 to 39 feet or 20 to 29 feet or 10 to 19 feet or Diameter of Tree at 4.5 Feet Above Natural Grade 26 inches or greater 20 to 25 inches 13 to 19 inches 8 to 12 inches 2 to 7 inches = Number of Tree Credits = 3 2 2 1* 1* I - - = - - = 1= 11 * I Less than 10 feet I or 11 1/2 to 2 inches *Credited against equivalent required tree only. 1. Trees excluded from preservation credit. No credit shall be given for preserved trees which: a. Are not located within the areas of the property for which trees are required by the Code; b. Are located in required natural preservation areas indicated on an approved master land use plan, site development plan or plat; c. Are required to be preserved by federal, state or local law, such as mangroves; d. Are not properly protected from damage during the construction process, as provided in section 4.06.05 C.1 0.; e. Are prohibited species identified in section 4.06.05 C.8.; f. Are dead, dying, diseased, or infested with harmful insects; g. Are located in recreation tracts, golf courses or similar subareas within planned developments which are not intended to be developed for residential, commercial or industrial use (unless abutting said use, and the required buffer width is dedicated on the plat as a landscape buffer easement); or h. Are not located within the boundaries of the parcel. ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005 Cycle I LDC PAGE: LDC4:108 LDCIUDC SECTION: Create new LDC section 4.06.05 "Cultivated Tree Protection and Tree Replacement Fund (There will be a subsequent renumbering of the current sections). LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Add tree preservation language to the code and create a Tree Replacement Fund. REASON: Trees are a valuable community asset. Trees contribute to a healthy, beautiful, and safer community. This is accomplished by the trees carbon dioxide absorption, oxygen production, dust filtration, heat reduction (thereby lowering energy consumption and costs), soil erosion prevention, surface drainage improvement, beautification and aesthetic enhancement of improved and vacant lands and increase property values. Currently, trees in Collier County have no protective status as they do in other communities. FISCAL & OPERATIONAL IMPACTS: Ref-er to the "Guide for Plant ß",ppraisal," Tree Removal Permit applicants will code re uired tree on the same site the tree was o a Tree Re lacement Fùnd. Mone from e Re cemen used t urchase install and maintain trees on ublic land. In addition. there will be a cost to staff to collect the money. Staff will monitor the Tree Replacement Fund and will make recommendations for adlustments. RELATED CODES OR REGULATIONS: LDC 4.06 "Landscaping, Buffering, and Vegetation Retention," and LDC 10.02.06 J. "Tree Removal Permit." GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: and the Tree fee shall be es Con:ìnûssioners. Amend the LDC as follows: 4.06.05 e lacement Fund A. Generally 1. PUrf)ose and Intent. The purpose of this section is to establish rules and regulations governing the protection of trees and their related canopy coverage within the county limits. The proliferation of trees \vithin the county is . . their meaningful contribution to a health beautiful and safer community. This is accomplished by the trees carbon dioxide absorption. oxygen production. dust filtration. wind and noise reductions. soil erosion prevention. surface drainage improvement, beautification and aesthetic enhancement of improved and vacant lands and the general promotion of the health, safety and well-being of the community. - 2. Application. 2.1. Generallv. All cultivated trees are protected. No person may remove. relocate, or otherwise destroy any tree or cause. allow. authorize. or assist in the removal. relocation or destruction of same without first obtaining a "Cultivated Tree Removal Permit" from the County Manager or his designee. The application shall be reviewed by the Community Development and Environmental Services Division. Refer to 10.02.06 J. "Cultivated Tree Removal Permits." 3. Removal of Protected Tree(s). Trees that have been approved for removal shall require replacement as outlined on the approved Cultivated Tree Removal Permit per section 10.02.06 J. Those trees that cannot be replaced on site shall be replaced by the applicant by depositing the equivalent t:tqø monetary value to the County's Tree Replacement Fund. 3.1. Exempted Activities. Single Familv. Trees located on any single family, manufactured home subdivision. manufactured home park, or duplex lot shall be exempt. This does not include any areas of common ownership within manufactured home parks or subdivisions. @ 4.1. When payment is made into the "~ºµn1& Tree Replacement Fund" the amount of payment will be in the manner established by the Board and shall include all material and labor costs, as well as those costs associated with the administration of this program. The "Tree Replacement Funds" shall be used for landscaping county roadway and pathway beautification proiects, and other public proiects. 5. Incentive for Tree Preservation. In order to help preserve significant trees (twenty-5Í*föur (~24)inches dbh or greater), an applicant will be required to pay double the öt1[jl11vålûeof'sucþ tree replacement fee into the "Tree PreserVation Roe-placement Fund". --_._-.._--_....-----,-"._.._._-~---- _"_________ ..____________ .____.__,,___.._"'_ __,.____ ,__,_ - ..____._..____~_,_.___, . .____.__._'_n_._..__._,_____.___.""________________ -----~ ® ORIGIN: Community Development and Environmental, Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005 Cycle I LDC PAGE: 4:119 LDC/UDC SECTION: LDC section 4.06.05 L (new section) LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Require certification of installed landscapes prior to County inspection. REASON: To ensure compliance with approved landscape plans and expedite landscape inspection approvals. FISCAL & OPERATIONAL IMPACTS: There will likely be an hourly cost to the applicant to send the landscape architect out to the site to ensure compliance with the approved plan or that cost may be incorporated into an overall fee charged to prepare the landscape plans. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMP ACT: None. OTHER NOTES: This landscape certification has been successful in other counties such as Lee County. The development community and governmental agencies have embraced it because it has resulted in obtaining County inspection approvals more smoothly and quickly. Amend the LDC as follows: 4.06.05 L. rnewsectionl Post-installation Landscape certificate of compliance. All projects which require the submission of landscape plans by a registered LANDSCAPE Architect must~ein~pecte~.. and certified that the landscaping and irrigation systems are consistent '.'lith 1.'...111 the landscape and irrigation plans approved by the County as part of the development order review process. Proof of certification shall be provided on a form approved by the County Manager or his designee and must be submitted to the Engineering Services Department Director prior to the request for County inspection, This regulation applies to projects submitted after the adoption date of this ordinance. 4-·II-oS OLDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 4:128- 4:207 LDC SECTION: 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES LDC SUPPLEMENT #: 2 CHANGE: Implementing provisions for the update, clarification and corrective GMP amendment for the RLSA known as the "glitch" amendment CPSP-2003-11 adopted by the BCC on October 26, 2004. REASON: Required LDC to implement the "glitch" amendments FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This draft provided by Marti Chumbler, Esq., Carlton Fields, P.A. This version drafted February 1,2005. Amended April 25, 2005. Amend the LDC as follows: 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES 4.08.01 Specific Definitions Applicable to the RLSA District As used in the RLSA District Regulations, the terms below shall have the following meanings, set forth below, to the exclusion of any meanings ascribed to such terms in section 1.08.00: A. - K. No change. L. Incidental Clearing - Clearing of no more than 1 % of the area of an SSA, which is conducted to accommodate the abi1itv to convert from one Ag 1 use to another Ag 1 use and TAL#540924.3 @ which connects existing Ag 1 acres. squares up existing Ag 1 farm fields. or provides access to or from Ag 1 areas. Renumber L. through WW to M through XX. 4.08.02 through 4.08.04. No change. 4.08.05 Baseline Standards Lands Within the RL8.".. District Prier to 88.".. er 8R.-\. Designation All lands within the RLSA District have been delineated on the RLSA Overlay Map. Unless and until designated as an SSA or SRA, lands within the RLSA District shall remain subject to the Baseline Standards. A. Purvose and intent. These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subject to the transfer or receipt of Stewardship Credits. except as to those a!!ricultural uses subiect to sections 163.3162(4) and 823.14(6). Florida Statutes. The Baseline Standards are intended to protect water quality and quantity. maintain the natural water regime. and protect listed animal and plant species and their habitats on land that has not been designated as an SSA or SRA. The opportunity to voluntarily participate in the Stewardship Credit Program. as well as the right to sell conservation easements or a fee or lesser interest in the land. shall constitute compensation for the loss of any development rights related to these standards. B. Avvlicabilitv of code. Except as otherwise specifically provided in this section 4.05.00. those provisions of this Code in effect as of July 25. 2000. shall apply to all land within the RLSA District unless or until such lands become subiect to the transfer or receipt of Stewardship Credits. C. Private lands delineated FSAs. HSAs, and WRAs. Lands delineated FSA. HSA. or WRA on the RLSA overlay map have been identified through data and analysis as having a higher quality natural resource value than those lands not delineated. Although any land within the RLSA District can be designated as an SSA. generally those lands delineated FSAs. HSAs. and WRAs are the most likely candidates for designation because of the higher credit values applied to lands with those delineations. D. Private lands delineated as oven. Lands not otherwise classified as FSA. HSA. or WRA are delineated as "open" on the RLSA overlay map and are generally of a lower natural resource quality. Open lands may be designated as either SSAs or SRAs. E. Area of critical state concern (ACSC). The RLSA District includes lands that are within the ACSC. Those ACSC lands are depicted on the RLSA overlay map and are eligible for designation as SRAs. subject to additional standards set forth in TAL'540924.3 ~~~ subsection 4.08.07 A.2. All ACSC regulations continue to apply to ACSC lands within the RLSA District regardless of designation. F. Public or lJrivate conservation lands. Those lands within the RLSA District that are held in public ownership or in private ownership as conservation lands may be delineated on the RLSA overlay map as FSA, HSA, or WRA but ãre not eligible for designation as either an SSA or SRA. .\. Baseline Standards. The Baseline Standards shall apply until bnds \vithin the RLSA District arc voluntarily designated as an SS.\. or SR.\. and shall remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. B-:- G. No increase in density or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immoka1ee Area Master Plan. C. Lands Vlithin the RLSA District Not Designated SS.\ or SR.\. Subject to Special Environmental Standards. In order to protect '.vater quality and quantity and maintenance of tho natural "vater regime in arcas mapped as FSAs on thc RLS.\. Overlay Map prior to the time that they arc designated as SS.\s under the Stev:ardship Credit Program, Residential Uses, General conditional Hses, Earth Mining and Processing Uses, and Recreational Uses (Layers 1 1) as listed in Section 1.08.06 B. shall not be permitted in FS.\.s ',:".ithin the RLSf," District. conditional use essential serYiccs and governmental essential servÏees, except those necessary to serve permitted uses or for public safcty, shall only be allowed in FSf~s with a Natural Resource Stev:ardship Index value of 1.2 or loss. In order to protect '.vater quality and quantity and maintenance of the natural water regime and to protect listed animal and plant species and thoir habitats in areas mapped as FS.^~s, HS.\.s, and \VRf~s on the RLSA O':erlay Map that arc not v:ithin the 1^~CSC, the use of such land for a non agricultural purpose under the Baseline Standards shall be subject to environmental regulations implementing Policies 5.1 through 5.6 of the RLS.^~ Overlay, which regulations shall be adopted by December 13, 2003. H. Allowable uses. The permitted, accessorv, and conditional uses allowed shall be those set forth in section 2.03.00 in effect as of July 25, 2000, with the following exceptions: 1. Residential Uses, General conditional uses, Earth Mining and Processing Uses, and Recreational Uses (lavers 1--4) as listed in the Matrix at section 4.08.00 shall be eliminated in all FSAs, as provided in section 4.08.00. 2. Conditional use essential services and governmental essential services, except TAL'540924.3 0 those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with an Index value of 1.2 or less, as provided in section 4.08.00. 3. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and 2as exploration and oil and gas field development and production activities in FSAs and HSAs in order to minimize impacts to native habitats, when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FA.C., as in effect on . 2005 (the effective date of this Dfovision. regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2). FA.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evid~nce of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30. FA.C. For those areas of Collier Countv outside the boundary of the Big Cvpress Watershed. the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S.. to assure compliance with Chapter 62C-25 through 62C-30. FA.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)1 through 12. FA.C. 4. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. 1. Standards avvlicable inside the ACSC. RLSA District lands within the ACSC shall be subiect to all ACSC regulatory standards, including those that strictly limit non- agricultural c1earin g. , J. Standards avplicable outside the ACSC. Except to the extent superceded by L. or M. below, the following standards shall app1v to all development within those areas of the RLSA District that are outside of the ACSC, other than agricultural operations that fall within the scope of sections 163.3162 (4) and 823.14(6), FS.. and single family residential dwellings, unless or until such lands are subiect to transmittal or receipt of Stewardship Credits: 1. A wildlife survey. as set forth in Chapter 10. shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. 2. f~ miftÍfiæm. sf 19% @f tke lu.tiv@ n£::@taM811 0R tHe fJf@jeet site mMst "6e f€taiReê.. If listed species are directly observed on the site of the proiect or are indicated by evidence. such as denning. foraging, or other indications. first fJri€Jrity sRan "6e gi'.'€R to fJJ!'ê.8€rviRg: tH€ Ha€Jitat @f sMeH liste€i sfJ€eie8 a minimum of 40% of native vegetation on site shall be retained. with the exceDtion of clearing for incidentia1 TAL#540924.3 e Dumoses.. 3. If the wildlife survey indicates that listed species are utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat management plan shall be prepared and submitted to the County. a. The wildlife habitat management plan within the RLSA District shall include the following techniques to protect listed species from the negative impacts of development: I. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. 11. Fencing, walls, other obstructions, or other provisions shall be used to minimize development impacts to the listed species and to encourage wildlife to use wildlife corridors. 111. Roadways crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. b. The wildlife habitat management plan shall also incorporate the following: 1. A description of the techniques used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above, as applicable: II. Identification of appropriate lighting controls for permitted uses and a consideration of the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for white-tailed deer, consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, except as recommended otherwise bv the UFWS or FFWCC: and Ill. If the development will be larger than 10 acres, a monitoring program. c. The following references shall be used, as appropriate, to prepare the wildlife habitat management plan: I. South Florida Multi-Species Recovery Plan, USFWS, 1999. II. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. 111. Ecology and Habitat Protection Needs of Gopher Tortoise ø TAL#54D924.3 TAL#540924.3 ~._.~._-_. (Gopherus polyphemus) Populations found on Lands Slated for Large Scale development in Florida, Technical Report No.4, Florida Game and Fresh Water Fish Commission, 1987. IV. Ecology and development-Related Habitat Requirements of the Florida Scrub Jay (Ape1ocoma coerulescens), Tecnnica1 Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. v. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. d. The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utilizes the site or the site is capable of supporting and is likely to support such species: 1. Gopher tortoise. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adiacent gopher tortoise preserves. 11. Florida scrub jay. Habitat preservation for the Florida scrub jay (Aphe10coma coerulescens) shall conform to the guidelines contained in Technical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. A maintenance program shall be established, which shall specify appropriate fire or mechanical protocols to maintain the natural scrub community. A public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation shall be developed. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. 111. Bald eagle. For the bald eagle (Haliaeetus 1eucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999. IV. Red-cockaded woodpecker. For the red-cockaded woodpecker (Ipicoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects @ 4. cannot be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. v. Florida black bear. In areas where the Florida blacK bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear-proof containers, at one or more centra110cations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. VI. Panther. For proiects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis conco10r coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the proiect by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to f!@t@ßti8.ll'; occupy the site, the County shall, consistent with the RLSA Overlay of the GMP, consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case-by-case basis may change the requirements contained in herein and any such change shall be deemed consistent with this Code. K. Golf course standards. Except as otherwise required by L. or M. below, all golf courses within the RLSA District that are not within an SRA shall be subiect to the following requirements: L TAL#540924.3 Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and buildine Design) have been incorporated into the rfijJ golf course's design and operational procedures. In addition to addressing these requirements, golf courses shall meet the following specific criteria: a. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations. golf courses shall comply with the Best Management Practices ·for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection. May 1995. b. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: 1. The use of slow release nitrogen sources: 11. The use of soil and plant tissue analysis to adiust timing and amount of fertilization applications; 111. The use of an integrated pest management program using both biological and chemical agents to control various pests; IV. The coordination of pesticide applications with the timing and application of irrigation water; and v. The use of the procedure contained in IF AS Circular 1011, Mana~in~ Pesticides for Golf Course Maintenance and Water Quality Protection. May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. 2. To ensure water conservation, golf courses shall incorporate the following in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Obiective 1.4 and its policies; c. Native plants shall be used exclusively except for special purµose areas such as golf greens, fairways, and buildin2: sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant speCIes. 3. Stormwater management ponds shall be designed to mimic the functions of TAL#540924.3 natural systems: bv establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littôral shelf area requirements. L. Standards aDDlicable in FSAS. HSAS, and WRAS that are outside of the ACSC. The provisions of Chapters 3, 4, and 10 in effect as of July 25.2000, shall apply to FSAs. HSAs, and WRAs that outside of the ACSC, with the following exceptions: 1. Site clearing and alteration shall be limited to 20% of the property and nonpermeab1e surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeab1e surface greater than one acre shall provide for release of surface water run off. collected or uncollected. in a manner approximating the natural surface water flow regime of the surrounding area. 3. Roads shall be designed to allow the passa~e of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance equivalent structures. 4. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited. M. Standards aDDlicable to wetlands outside of FSAS. HSAS. WRAS. and the ACSC. Wetlands located outside of FSAs, HSAs, WRAs, and the ACSC shall be preserved in accord witþ the following criteria: 1. The vegetative preservation requirement set forth in J.2. above shall first be met through preservation of wetlands having a functionality assessment score of ~ Q..1. or greater. a. Applicants shall establish the wetland functionality score of wetlands using the South Florida Water Management District's Unified wetland Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative communities may be utilized to meet the vegetative, open space. and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than ~ 0.7. b. In the alternative. an applicant mav submit to the Countv a wetlands functional assessment conducted using the South Florida Water Mana!!ement District's Wetland Rapid Assessment Procedure (WRAP)' as described in Technical Publication Re!!.-1. dated September 1997 and updated August 1999. if such assessment has been Previous1v accepted bv the South Florida TAL#540924.3 @ Water Mana¡æment District or the Florida Devartment of Environmental Protection. If such an aQ:encv-accevted funcitona1 assessment is submitted. the wetland vreservation reauirement set forth in E.2 above shall first be met throuQ:h vreservation of wetlands havinQ: a WRAP score of 0.65. UD1and veQ:etation communities on land havinQ: a WRAP score of less than 0.65 may be utilized to meet the veQ:etative. ODen sDace. and site vresefvation reauirements. 2. Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. 3. Wetland flowwav functions through the project shall be maintained. 4. Ground water table drawdowns or diversions shall not adversely change the hydroperiod of preserved wetlands on or offsite and detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements. proiects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review. January 2001. 5. All direct impacts shall be mitiQ:ated for as required by applicable federal or state agencies and in the same manner as set forth in section 4.06.04 of this Code. 6. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. 7. Appropriate buffering shall be provided to separate preserved wetlands from other land uses. A minimum 50-foot vegetated upland buffer is required adjacent to a natural water body and for other wetlands a minimum 25-foot veQ:etated upland buffer adjacent to the wetland. A structural buffer. consisting of a stem- wall. a berm. or a vegetative hedge with suitable fencing. may be used in coni unction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved iurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist. native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I Exotics. d. The following land uses are considered to be compatible with wetland @ TAL#54D924.3 functions and are allowed within the buffer: 1. Passive recreational areas. boardwalks and recreational shelters; 11. Pervious nature trails; 111. Water management structures; IV. Mitigation areas; v. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 8. Mitigation Requirements. Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands. a. Priority shall be given to mitigation within FSAs and HSAs. b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for bv providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity. providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plant Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities. 9. Prior to issuance of any final development order that authorizes site alteration. the applicant shall demonstrate compliance with paragrajJhs 8.a. through 8.c. above. as applicable. If state or federal agency permits have not provided mitigation consistent with paragraphs 8 above. the County shall require mitigation exceeding that of the jurisdictional agencies. 10. Wetland preservation, buffer areas. and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I Exotics. Land uses allowed in these areas shall be limited to those identified in 7.d. above. 4.08.06 SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the following regulations: @J TAL#540924.3 A. No change. 1. No change. 2. FSA Delineated Lands. a. - b. No change. c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT, and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in the Florida ¡\dminstrativc Code Chapter 62C-25 through 62C- 30, FA.C., as those rules existed on . 2005 (the effective date of this Drovision\ regardless of whether the FS/~ iIi ";:kigh OIL A.ND C.A...S EXPLORATION &Jut eil &Jut gas field DE'/ELOPMENT !m.d f!fêdtlêti€Œ aêti':itie8 t% activitv occurs within the Big Cypress Swamp as defined in Rule 62C-30.00H2), FA.C. All aDDlicable Collier Countv environmental Dermittin!! reauirements shall be considered satisfied bv evidence of the issuance of all aDDlicable federal and/or state oermits for DroDosed oil and lIas actitivies in Collier Countv. so 10n!! as the state Dermits comDlv with the reauirements of ChaDter 62C-25 throu!!h 62C-30. FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed. the aDDlicant shall be resDonsible for convenin!! the Bi!! CVDress Swamp Advisory Committee as set forth in Section 377.42, FS., to assure compliance with Chapter 62C-25 through 62C-30, FA.C. even if outside the defined Big Cypress Watershed. All oil and lIas access roads shall be constructed and Drotect from unauthorized uses accordin!! to the standards established in Rule 62C-30.005(2)(a)1 throu!!h 12. FAC. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil and gas field DEVELOPMENT and production activities. d. No change. e. Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing as set forth in f. below. f. Incidental clearing is permitted, provided that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adiusted to reflect the proposed change in land cover. In the even said incidental clearing impacts lands having a Natural Resource Index Value in excess of 1.2, appropriate mitigation shall be provided. 3. HSA Delineated Lands. a. - f. No change. g. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT, and production activities in HSAs in order to minimize impacts TAL'540924.] ~ to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in the Florida /1dminstmtivc Codc Chapter 62C-25 through 62C- 30, F.A.C., as those rules existed on ,2005 (the effective date of this Drovision ), regardless of whether the lIS!. iR ';;:kÜÜ\ OIL AÞTD CA8 EXPLORA TION aRt! êil aRt! gas t:Ü~là DE~.rELOP~fENT aRt! ~n~t!û@tiêR agtivities ~ activitv occurs within the Big Cypress Swamp as defined in Rule 62C-30.001(2), F.A.C. All aDDlicab1e Colier Countv environmental Dermittin!! reauirements shall be considered satisfied bv evidence of the issuance of all aDDlicab1e federal and/or state oil and !!as Dermits for DroDosed oil and !!as activities in Collier Countv. so 10n!! as the state Dermits comDlv with the reauirements of ChaDter 62C-25 throu!!h 62C-30. F AC. For those areas of Collier County outside the boundary of the Big Cypress Watershed. the aDD1icant shall be resDonsib1e for convenin!! the Bi!! CVDress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.c. even if outside the defined Big Cypress Watershed. All oil and !!as access roads shall be constructed and Drotected from unauthorized uses accordin!! to the standards established in Rule 62C-30.005(2)(a)1 throu!!h 12. FAC. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil and gas field DEVELOPMENT and production activities. h. Golf Course design, construction, and operation in any HSA shall comply with the best man~gement practices of Audubon International's Gold Program and the Florida DEP, which standards shall be adopted by December 13,2003. i. Once land in an HSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing as set forth in f. below. i. Incidental clearing is permitted, provided that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adjusted to reflect the proposed change in land cover. In the even said incidental clearing impacts lands having aN atural Resource Index Value in excess of 1.2, appropriate mitigation shall be provided.. 4. - 5. No change B.- F. No change. 4.08.07 SRA Designation A. - J. No change. K. SRA Public Facilities Impact Assessments. No change. 1. - 6. No change. 7. Public schools. The applicant shall coordinate with the Collier County School Board to provide information and coordinate planning to accommodate any impacts that the TAL#540924.3 @ SRA has on public schools. As part of the SRA application, the following information shall be provided: a. Number of residential units by type; b. An estimate of the number of school-aged children for each type of school impacted (elementary, middle, high school); and c. The potential for located a public educational facility or facilities within the SRA and the sites of any sites that may be dedicated or otherwise made available for a public educational facility. L. SRA Economic Assessment. No change. 1. No change. a. No change. b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated above, the APPLICANT may develop an alternative fiscal impact model using a methodology approved by Collier County. Thc model methodology V/ill be consistent with the Fiscal Impact L'\nalysis Model ("FL^...M") developed by the State of Florida or '.'ith Burchell et a1., 1991, DEVELOPl\fENT L^...ssessment Handbook (ULl). The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or WORKFORCE HOUSING. 2. - 4. N9 change. M. The BCC may, as a condition of approval and adoption of an SRA development, require that suitable areas for parks, schools, and other public facilities be set aside, improved, and/or dedicated for public use. When the BCC requires such a set aside for one or more public facilities, the set aside shall be subiect to section 2.03.06, in the same manner as are public facility dedications required as a condition of PUD rezonings. 4.08.08 Baseline Standards LA,.. Purpose and intent. These Baseline Standards will remain in effect for all land within the RLSL'\ District unless or until such land becomes subjcet to the transfer or receipt of Ste'.vardship Credits, except as to those agrieultural uses subject to sections 163 .3162( 4) and 823.11 (6), Florida Statutes. The Baseline Standards are intended to protect \Voter quality and quantity, maintain the natural '.vater regimc, and protect listed animal and plant species and thcir habitats on land that has not been designated as an SS}\. or SR}... The opportunity to voluntarily participate in the Ste',vardship Credit Program, as \vell as the right to sell conservation easements or a fee or lesscr interest in the land, shall constitute compensation for the loss of any deyelopment rights related to these standards. B. .1pplicability of code. Except as othef\vise specifically provided in this section 1.08.00. those provisions of this Code in effect as of November [], 1999, shall apply to all land '.",ithin the RLS^ District unless or until such lands become subject to the transfer or receipt of Ste'.vardship Credits. C. /'...llmvable uses. The permitted, accessory, and conditional uses allovled shall be TAL#540924.3 those set forth in section 2.03.00 in effect as of November [], 1999, '--'lith the follO\ving exceptions: 1. Residential Uses, General eonditioBal uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1 1) as listed in the Matrix at section 1.08.00 shall be eliminated in all FS/...s, as provided in section 1.08.00. - 2. COBditionalllse essential serviees and governmental essential serviees, except those necessary to serve permitted uses or for public safety, shall only be allo'Ned in FS.^...s \','ith an Index ','alue of 1.2 or less, as provided in section 1.08.00. 3. Directional drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development and production activities in FS:\s and HS/...s in ordcr to minimize impacts to native habitats, '..hen detei"mined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance 'vVith the criteria established in Chapter 62C 25 through 62C 30, F..\.c., rcgard1ess of whether the activity occurs \vithin the Big Cypress \Vatershed, as defined in Rule 62C 30.001 (2), F..\.C. /...11 applicable Collier County environmcntal permitting requirements shall be considercd satisfied by cvidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply vlÏth the requirements of Chapter 62C 25 through 62C 30, F..^....C. For those areas of Collier County outside the boundary of the Big Cypress 'N atershed, the applicant shall be responsibh~ for convening the Big Cypress Swamp .^...dvisory Committee as set forth in Section 377.42, F.S., to assure compliance 'Nith Chapter 62C 25 through 62C 30, F..^....C., even if outside the defined Big Cypress 'Natershed. :\11 oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards cstablished in Rule 62 30.005(2)(a)(1) through (12), F./..C. 1. /.sphaltic and concrete batch making plants shall be prohibited in areas mapped as HS:\s. D. St-aluie.rds applicable inside the .1CSC. RLS/. District lands \vithin the .^.CSC shall be subject to all .^...CSC regulatory standards, including those that strictly limit non agricultural clearing. Eo Standards applicable outside the .A...CSC. Except to the cxtent superceded by G. or H. belew, the followia,gsw:ndards shaH apply to all development within those areas of the RLS:\ District that arc outside of the f...CSe, other than agricultural operations that fall vlÏthin the scope of sections 163.3162 (4) and 823.11(6), F.S., and single family residential dwellings, unless or until such lands are subjoct to transmittal or receipt of Stc'Nardship Credits: 1. .\ wildlife survcy, as set forth in Chaptcr 10, shall be required for all pareels when listed specics arc known to inhabit biological communities similar to those TAL#540924.3 existing on site or ,,,here listed species are directly observed on the site. 2. .^.. minimum of 10% of the aative vegetation on the project site must be retained. If listed species are directly observed on the site of the project or are indicated by evidence, such as denning, foraging, or other indications, first priority shall be givcn to preserving the habitat of such listed species. - 3. If the wildlife survey indicates that listed species arc utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat managemont plan shall be prepared and submitted to the County. a. The wildlife habitat management plan within the RLS.^~ District shall include the follov.ing techniques to protectJisted species from the negative impacts of dcvclopment: 1. Opcn space and vegetation preservation requirements shall be used to establish buffcr arcas bet'l/een 'Ni1dlife habitat areas and areas dominated by human activities. 11. Fencing, v.alls, other obstructions, or other provisions shall be used to minimize development impacts to the listed species and to encourage v/ild1ife to use ,vildlife corridors. Ill. Road\vays crossings, undcrpasses, and signage shall be used \-vhere roads must cross v.i1dlife corridors. b. The \vi1dlifc habitat management plan shall also incorporate the following: 1. A description of the techniques used to direct incompatible land uses away from listed species and their habitats and to comply v.ith the criteria identified in 1 and 2 abo','e, as applicable; 11. Identification of appropriate lighting controls for permitted uses and a consideration of the opportunity to utilize prescribed burning to maintain fire adapted preserved vegetation communities and provide browse for white tailed deer, consistent with the UF\VS South Florida Multi Species Recover Plan, May 1999, except as recommended other,Vise by the UF\VS or FF\VCC; and lll. If the development will be larger than 10 acres, a monitoring program. c. The following references shall be used, as appropriate, to prepare the 'Nildlife habitat management plan: 1. South Florida Multi Species Recovery Plan, USFVlS, 1999. TAL#540924.3 , . TAL#540924.3 11. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USF\VS, 1987. 111. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lanas Slated for Large Scale development in Florida, Technical Rcport No. ~, Florida Game and Fresh \Vater Fish Commission, 1987. 1" ,. Ecology and development Related Habitat Requirements of the Florida Scrub Jay (l\pe10coma coeru1escens), Technical Report No. 8, Florida Game and Fresh \Vater Fish Commission, 1991. \T. Ecology and Habitat Protection Needs of the Southeastcrn .^~merican Kestrel (Falco Sparverius Paulus) on Large scale development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Vl ater Fish Commission, 1993. d. The follov;ing species specific provisions shall be included vlÏthin the wildlife habitat management plan if the \vi1dlife survey indicates that the identified species utilizes the site or the site is capable of supporting and is likely to support such species: 1. Gopher tortoise. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall bc given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burro''vs, and for providing a connection to off site adjaeeRt gopher tortoise preserves. 11. Florida scrub jay. Habitat preservation for the Florida scrub jay V~phclocoma coeru1escens) shall conform to the guidelines contained in Technical Report No.8, Florida Game and Fresh \Vater Fish Commission, 1991. /\.. maintenance program shall be established, which shall specify appropriate fire or mechanical protocols to maintain the natural scrub community. .\ public û\vareness program to educate residents about the on site preserve and the need to maintain the scrub vegetation shall be dcvelopod. These requirements shall be consistent v;ith the UF\VS South Florida Multi Species Recovcry Plan, May 1999. 111. Bald cagle. For the bald eagle (Haliaeetus loueoeephíllus), the required habitat mílnagement plans shall establish protective zones around the cagle nest restricting certain activities. The p1ílns shall also address restricting certain types of activities during the nest season. These requirements shall be consistent \vith the UF\^.TS South Florida Multi Species Recover Plan, May 1999. Red coc1caded woodpecker. For the red cockaded '.voodpecker (Ipicoidcs borcalis), the requirod habitat protectio~ plan shall outline measures to avoid adverse impacts to actIvo clustcrs and to minimize impacts to foraging habitat. '\Thore ~d:'e:se effe~ts cannot be avoided, measures shall be taken to mInImIZe on sl:e disturbance and compensatc or mitigate for impacts that remaIn. Thcse requiremcnts shall be consistent \-'ith thc UAVS South Florida Multi Species Reco':ery Plan, May 1999. Florida black bear. In areas wherc the Florida black bear (Ursus americanus floridanus) may be present, the mana~ement plans shall require that garbage be placed in beJl:f proof contaIners, ~t on~ or more central locations. The management plan shall also IdentIfy methods to inform local residents of the concerns related to interaction betv:een black bears and humans. Mitigati~n for . impacting habitat suitable for black bear shall be consIdered In the management plan. Panther. For projects located in Priority lor Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that arc ~refer:ed by the Florida panther (Felis coneolor coryi) by directing mtensI'le l~nd uses to currcntly disturbed areas. Prefcrred habitats include pme flat\voods and hard'.vood hammocks. In turn, these ~rcas shall. be buffered from the most intcnse land uses of the pr?Ject by USIng 10',',' intensity land uses (e.g., parIes, passive recrcatlOna1 areas, golf courses). On ropert)' where the '.vi1dlife survey establishes that listed. species are u~ilizing the ;ite or \-vhere the site is capable of supporting list~d speCIes and such lIsted species can be anticipated to potentially occupy the s~te, the Co~~ty shall, . t t 'tfl the RLS ^ O"crlay of the GMP, consIder and utIlIze conSIs"en- WI-~ - i ~ . . à Fr fl mendations and letters of technical assistance from the State of Flon a .IS recom . . à' f. the U S FISh d UT"ldlife Conservation CommIssIon and recommen atlOns rom . . an .. 1 .. . I . 'zed that these d uTi1dlife Ser"ice In IssUIng development orders. tIS recogill . an , ,. . fl tfl emeHtS a enc . recommendations, on a case by case baSIS may c ange. e req~lr . g .) à' herein and any such change shall be deemed consIstent wIth thIs contmne~ m Getle:- v. ':1. 1. 1" . . Go .. course S~nd6lI".:is. Except as othenvise required by G. or H. belo':l, all. golf courses ~:lithin the 0RLSi^~ District that arc not v:ithin an SRi\. shall be subject to the follo\vmg requirements: 1. Golf courses shall be designed, constructed, and managed in accordancc '.vith /~udubon Intcrnationa1's Gold Signaturc Program. The project shall demonstrate (jjjJ TAL#540924.3 · . that the Principles for Resource Management required by the Gold Signature Program (Site Specific /..ssessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, 'Vater Conservation, ",Taste Management. Energy Conser'/ation & Rene'.vablc Energy Sources, Transportation, Groenspace and Corridors, 1\gricu1ture, and building Design) ha','e been incorporated into the golf course's design and operational proccdures. In addition to adaressing these requirements, golf courses shall meet the follo'.ving specific criteria: a. In order to prevent the contamination of soil, surface \vatcr and ground '.vater by the materials stored and handled by golf course maintenance operations, golf courses shall comply 'l,'ith the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. b. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the follo\'¡ing management practices: 1. The use of slov¡ release nitrogen sources; 11. The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; 111. The use of an integrated pest management program using both biological and chemical agents to control various pests; IV. The coordination of pesticide applications '.'lith the timing and application of irrigation "vater; and V. The use of the procedure contained in IF /~S Circular 1011, A1al'lagil'lg Pcsticides fDr Coif Course },laintcl'lal'lce and Water Quality Protection, May 1991 (re'lised 1995) to select pesticides that will have a minimum ad'v'erse impact on '.Yater quality. 2. To ensure '.vater conser'.'ation, golf courses shall incorporate the following in their design and operation: TAL#540924.3 a. Irrigation systems shall be designed to use weather station information and moisture sensing systems to determine the optimum amount of irrigation '.va£cr needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse '.vater consistent '.vjtb Sanitary Se'.ver Sub Element Objective 1.1 and its policics; c. Native plants shall be used exelusiYely except for special purposc areas such as golf greens, fainvays, and building sites. 'Vithin these excepted areas, landscaping plans shall require that at least 75% of the trees and , , 50% of the shrubs be freeze tolerant nü:tive Floridian species. ..^..t least 75% of the required native trees and shrubs shall also be drought tolerant speCIes. 3. Stormwater management ponds shall be designed to mimie the functions of natural systems: by establishing shorelines that me sinuous in coñfigumtion in ordor to provide increased length [}nd di,,'ersity of the littoral zone. .\ Littoral shelf shall be ostablished to provide a fooding moa for vlater dependont a,,'ian species. The combined 10ngth of vertical and rip rapped vlalls shall be limited to 25% of thc shoreline. Credits to the site preservation mea requirements, on an acre to acre basis, shall be given for littoral shelves that exceed these littoral shelf mea requiremonts. G. Standards élPplical3le in PS/'..S, HS,1S, and WR"..S tlwt are outside oft/1e ."..CSc. The provisions of Chapters 3, ~, and lOin effect as of Novomber [ ], 1999, shall apply to FS,\s, HSAs, and \VRAs that outsido of the .^~CSC, with the follo'v'ling exceptions: 1. Sitc clearing and alteratioH shall be limited to 20% of the property and nonpermeablc surfaces shall not exceed 50% of any such mea. 2. Except for roads and lakes, any nonpermeable surface greater than one acrc shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water £1o"v regime of the surrounding mea. 3. Roads shall be designed to allow the passage of surface '.vater £1mvs through the use of oqualizer pipes, interccptor sprcader systems or performance equivalent structures. 1. Revegetation and landscaping of clcared o:reas shall be accomplished with predomino:ntly native species and planting of undesirable exotic species shall be prohibited. H. Standards applicable to vletIands outside of PS."..S, HSAS, WR"..S, and the ,"..CSc. 'VetlaHds 10co:tod outsidc of FS..^..s, HS,\s, 'NRAs, and the ACSC shall be preser','ed in accord "lith the follo',ving criteria: 1. The vegetative preservation requirement set forth in E.2. above shall first be met through preservation of 'wetlands having a functionality assessment score of 0.65 or greater. applicants shall establish the wetlaad functioHality score of wetlands using the South Florida \Vo:ter Management District's Unified wetland Mitigation Assessment Method, Fd\.C. 62 315. Upland vogetative communities may be . utilized to mcet tho vegotO:tive, open space, and site proservation requirements when the wetland functional assessment score of on site wetlands is loss than ~ 2. 'Wetlands utilized by listed species or serving as corridors for the movoment of TAL#540924.3 · . listed species shall be preserved on site. 3. Wetland flowway functions through the project shall be maintained. 4. Ground '.vater table drmvdo'.','ns or diversions shall not adversely change the hydroperiod of preserved wetlands on or offsite and detention and control clevations shall be set to protect surrounding ·.vetlands and be consistent with surrounding land and project control c1cyations and '.vater tables. In order to meet these requirements, projects shall be designed in accordance ';lith Sections 4.2.2.1.6.11 and 6.12 of SF\VMD's Basis of Re'lie';,', January 2001. 5. /..11 direct impacts shall be mitigated for as requircd by applicable federal or state agencies and in the same manner as set forth in seçtion 1.06.01 of this Code. 6. Single family residences shall follo'J:i the requirements contained within Policy 6.2.7 of the Conservation and Coastal Managcment Element. 7. .\ppropriate buffering shall be provided to separate prescrved wetlands from other land uses. .\. minimum 50 foot vegetated upland buffer is required adjaeent to a natural viater body and for other wetlands a minimum 25 foot ','egetated upland buffer adjacent to the wetland. .\. structural buffer, consisting of a stem wall, a berm, or a vegetative hedge with suitable fcncing, may be used in conjunction \vith a vegetati'ie buffer that \vould reduce the vegetative buffer \vidth by 50%. }. structural buffer shall be required adjaeent to wetlands \vhere direct impacts are allows. "'etland buffers shall conform to the follo'.ving standards: a. The buffer shall be measured land\'lard from thc approved jurisdictional lffi:e-:. b. The buffer zone shall consist of preserved native vegetation. '.Vhere native vegetation does not exist, native vegetation compatible \vith the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I Exotics. d. The follo\ving land uses are considered to be compatible with wetland funetions and arc allowed within the buffer: 1. Passi','e recreational areas, boardv,'a1ks and recreational shelters; 11. Pervious nature trails; 111. v,r ater management struetures; 1V. Mitigation areas; TAL#540924.3 v. /~ny other conscnation and related opea spacc activity or use 'Nhich is comparable in naturc '.'lith the foregoing uses. 8. Mitigation Requirements. Mitigation shall be requircd for direct impacts to wetlaads, such that thc wetlaad functional score of the mitigatiõn equals or exceeds the wetlaad fuactional score of the impacted wetlands. a. Priority shall be given to mitigation within FSAs and HS.\s. b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or con'v'eyance capacity on site and_within or adjacent to the impacted 'i\'ctland. c. Protection shall be provided for preser'v'ed or created wetlaad or upland 'v'egetative communities offered as mitigation by placing a conservation easement ovcr the land in perpetuity, providing for initial exotic plant rcmo'v'a1 (Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activitics. 9. Prior to issuance of any final development order that authorizes site alteration the applicant shall demonstrate compliance \vith paragraphs S.a. through 8.c. ' above, as applicable. If state or federal agency permits have not provided mitigation consistent ','lith paragraphs 8 above, the County shall require mitigation exceeding that of the jurisdictional agencies. 10. 'Vctland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintaincd free from trash and debris and from Category I Exotics. Land uses allo'vved in these areas shall be limited to thosc identified in 7.d. above. TAL#540924.3 f f--'- (~'3 =-I-:¡ ç- , \ \(v~ ~'èrA ---.-" LDC Amendment Request ORIGIN: Public Utilities Division AUTHOR: Paul Mattausch; Roy Anderson; Karen Gu1iani DEPARTMENT: Public Utilities Engineering Department AMENDMENT CYCLE# OR DATE: Cycle 1, Spring 2005 LDC SECTIONS & PAGES: 1.08.02. LDC 1 :28 4.05.03 A LDC 4:101 4.06.05. LDC 4: 11 0 5.03.02 LDC 5.4 5.05.08. LDC 5:39 5.05.12.' LDC 5:99 10.02.03 B.2. ,LDC 10:44 LDC SUPPLEMENT: as originally re-codified CHANGE: Adding specific standards for raw water wells in Collier County REASON: Streamline the SDP process for Collier County public potable water sources FISCAL & OPERATIONAL IMPACTS: Result in reduced fees paid by County based upon shorter review and permitting time frames RELATED CODES AND REGULATIONS: N/A GROWTH MANAGEMENT IMPACT: None OTHER NOTESNERSION DATE: The initial version was created on February 8, 2005, and amended on February 25,2005, at 6:37 p.m., and amended on March 7, 2005, 3:15 p.m., and amended on March 8, 2005, 4:15 p.m., and amended on March 21,2005,2:30 p.m., and amended March 29,2005, 8:20 a.m., and amended Apri11, 2005, 3:00 p.m., and AprilS, 2005, 10:50 am., and Apri128, 2005, 4:00 PM Amend the LDC as follows: Section 1.08.02 Definitions 3/21/2005- 149681 Ver. 011- BTyson C_3 N8240-204-001- EPER- 28967 41-¿1/0~ Wells, raw water: The individual or collective excavations and resulting appurtenant equipment owned or operated by a public or quasi public entity which are the source of raw water used to provide public irrigation or potable water. When water from such wells is conveyed through physically connected infrastructure to a public or quasi-public treatment facility, the system of physically inter-connected infrastructure and wells may be considered to be collectively located "on-site" as that term is to be applied in GMP Policies 6.1.1. and 6.1.2., and any implementing land development regulations. * * * * * * * * * * * * * Section 4.05.03 A. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered of expanded except for restriping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupationa11icense to resume business is made. These provisions shall apply to all developments with the exception of single-family, two- family, mobile home dwelling unit, raw water wells. and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off- street vehicular facilities shall be requires. Where a conflict exists between the strict application on this division and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. Section 4.06.05 B.6. 6. For raw water wells in Collier County, the following landscape requirements shall be the only to apply: a. Screening and buffering as otherwise required, except for canopy trees as described in Section 4.06.05 Rl., which shall not be required, shall be limited to the area surrounding the raw water well. including any well house or other structures such as surrounding fences or walls, and in addition, at a minimum, raw water wells surrounded by fencing or walls shall have ten (10) gallon, four (4) feet tall hedges at time of planting, placed four (4) feet on-center planted immediately adiacent to, but outside of, the surrounding fences or walls. Where 312112005- 149681 Ver: 011- BTyson CA#43 NB240-204-001- EPER- 28967 3/21/2005- 149681 Ver. 011- BTyson CA#43 N824Q.204-001- EPER- 28967 appurtenant equipment exceeds the height of the surrounding fence or wall. Cabbage Palms (Saba1 palmetto) shall be planted within the hedge. At the time of planting. the height of the Cabbage Palms shall be equal to the height of the appurtenant equipment to be screened. Erecting or constructing a well house , / around the raw water well on the minimum area required to do so within a t specified parcel. tract. or easement. shall not require perimeter buffers. Building walls, other than access or egress locations, must be screened with three (3) gallon. two (2) feet tall double row of hedge, planted three (3) feet on -center. At maturity. this hedge will be in scale with the building's walls or overall structure. b. Native plant materials shall be used to the maximum extent practicable to meet the screening and buffering requirements of this sub-section, and those plant materials shall be consistent with the existing native vegetation found on or near the raw water well site. except that: a) for any disturbed area required to construct a raw water well that is equal to or greater than fifteen feet (15') from the edge of the raw water well's well house or other structure, the disturbed area may, as an alternative, be planted with a drought resistant sod such as Bahia: or b) for any disturbed area required to construct a raw water well that is less than fifteen feet (15') from the raw water well's building or other structure's edge, then the disturbed area, as an alternative, may be covered with a sufficient depth of mulch, shell, or similar µervious material. c. Irrigation shall be provided to ensure the establishment and healthy growmg conditions of any installed planting materials sufficient to maintain the plant materials in perpetuity. The irrigation water may be provided by either a mechanical system using raw or potable water. or by truck delivery and/or hand application. * * . * * * * * * * * * * * Section 5.03.02 Á. 4. 4. Barbed wire is authorized within agricultural, commercial, industrial districts and on fences surrounding raw water wells in all districts. Section 5.03.02 c.!. 'I,' 1. Fences or walls on lots greater than one (1) acre in area may reach a maximum height of six (6) feet except for raw water wells for which the allowable height is eight (8) feet. * * * * * * * * * * * * * Section 5.05.08 B.6. 6. Raw water wells in Collier County do not have to meet the provisions of this Section provided that well houses surrounding the raw water well shall not have any wall planes exceeding 35 feet in length or have an actual buildin2 hei2ht greater than 18 feet (excluding communications equipment). Fences and walls surrounding raw water wells must be screened with plant materials as described in Section 4.06.05.B.6. and are exempt from Sections 5.05.08.C.3 and 5.05.08.D.2. * * * * * * * * * * * * * Section 5.05.12 Specific Standards for Raw Water Wells in Collier County A. Applicable designs for raw water wells selected from the Collier County Utility Standards Manual shall be submitted for appropriate County staff review of the following requirements. B. Setback Requirements. 1. Well houses enclosing raw water wells which are greater than four hundred (400) square feet in size must meet the following minimum setbacks: Adiacent to Right-of-Way - 25 feet Side yard from adioining property - no less than the underlying zoning district's requirements for side yard setback 3121120Q5.. 149681 Ver.. 011- STyson CAi143 N8240-21J4..001· EPER· 28967 /1-ç ~ ","-~ 3/21/2005- 149681 Ver. 011- BTyson CAtI43 N8240-204-001- EPER- 28967 Rear yard from adjoining property - 25 feet For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant equipment, including, but not limited to antennas, pig launchers, fuel tanks, and transformers, not enclosed by a fence or wall, shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 2. Well houses enclosing raw water wells which are equal to or less than four hundred (400) square feet must meet the following minimum setbacks: Adjacent to Right-of-Way-15 feet Side yard from adjoining property - no less than the underlying zoning district's requirements for side yard setback ReM yard from adjoining property - 10 feet For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant equipment, including, but not limited to antennas, pig launchers, fuel tanks, and transformers, not enclosed by a fence or wall, shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 3. Fences and walls enclosing raw water wells and appurtenant equipment including, but not limited to well vaults and enclosures, meters, control panels, generators, antennas, pig launchers and transformers must meet the following setbacks: Adjacent to Right-of-Way or easement line - 5 feet Side yard or easement line - 5 feet. Appurtenant equipment, other than antennas, that exceeds the height of the fence or wall, shall be setback no less than the underlying zoning district's requirements for side yard setback or 30 feet, whichever is less. Rear yard or easement line - 5 feet Raw water well easements contained within a larger public easement or abutting another easement - 2 feet Fence heights may be up to eight (8) feet and wall heights up to eight (8) feet. Appurtenant equipment shall not be considered as separate structures. C. Raw water well site access: 1. Direct access from public ways shall be limited to one access point location and must otherwise comply with the requirements of LDC Section 4.04.02. 2. Access from an easement must provide legal access to a public or approved private way. Access from an existing public way to an easement must otherwise comply with the requirements ofLDC Section 4.04.02. D. Prior to County approval of a raw water well site under this Code, the applicant shall obtain a consumptive use permit from South Florida Water Management District (SFWMD) and meet the requirements of any state or federal agency having iurisdiction over well development or siting. E. Stormwater management and environmental resource permits for raw water well sites shall be governed by the requirements of SFWMD and or Florida Department of Environmental Protection (DEP), and if approval is granted for the welle s) by SFWMD or DEP under those requirements, the proiect may be considered for a waiver from the requirements of Section 10.02.02 A. F. Landscaping and buffering shall conform to the requirements of Section 4.06.05 B.6. G. Site planning review and approval for raw water wells must follow the requirements of an insubstantial change to a Site Development Plan or Site Improvement Plan review process providing water from such wells is conveyed through physically connected ~ ?2j f' 3/2112005- 149681 Ver. 01!~ BTyson CAll43 N8240-204-001- EPER. 28967 infraštructure to a public or quasi-public treatment facility. The system of physically inter-connected infrastructure and wells may be considered to be collectively located "on- site" . * * * * * * * * * * * * * Section 1 0.02.03 B.2.d. d. Raw water wells in Collier County shall be permitted as insubstantial changes to the Site Development Plan or Site Improvement Plan approved for the water treatment plant or facility to which the raw water welles) are ancillary. provided that the requirements of Section 5.05.12 are met. More than one well may be permitted with one application provided that all wells are within the same wellfie1d. The insubstantial change submittal shall include a signed and sealed boundary survey of the property or lease parcel; a copy of recorded deed or lease agreement; a recent aerial photograph ofthe project area; a master plan showing all wellfields ancillary to the main water treatment plant or facility. including the proposed wells; and a site plan prepared on a 24-inch by 36-inch sheet drawn to scale and setting forth the following information: 1. The project title. utility owner. address and telephone number. 11. Legal description. scale. and north arrow. 111. Zoning designation of the subject site(s) and adiacent 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. V11. All required and provided setbacks and separations between structures in matrix form. Vlll. Any additional relevant information as may be required by the County Manager or his designee. - 312112005- 149681 Ver: 011- STyson CA1I43 N8240-204-001. EPER· 28967 Reletter subsequent Sections accordingly. 312112Q05-.. 149681 Ver: 01!· BTyson CA#43 N824G-204-001· EPER· 28967 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehorn Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: To be determined LDC SECTION: 5.05.08.C.5.c LDC SUPPLEMENT #: CHANGE: Adding reference to all building facade requirements for clarification. REASON: For clarification of building design treatment application to all building facades FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on March 31, 2005 Amend the LDC as follows: c. Building design treatments. Each building facade must have at least four of the followings building design treatments: ~y LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehorn Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: To be determined LDC SECTION: 5.05.08.C.4.b.i LDC SUPPLEMENT #: CHANGE: Cross out the existing text and have just the new text for width requirement for the massing variation of recesses and projections for 5.05.08.C.a as previously referred to in 5.05.08.C.4.b.i. REASON: Clarification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created on November 10,2004 Amend the LDC as follows: i. For buildings exceeding 5,000 square feet in gross building area, any façade '.'lith horizontal length eKceeding 50 linear feet must incorporate wall plane projections or recesses having depth of at least three feet, with a single wall plane limited to no more than three feet, with a single ',vall plane limited to no more than 60 percent of each affected façade. Buildings subiect to the proiections or recesses depths required by 5.05.08.C.4.a must not have a single wall plane exceeding 60 percent of each facade. } tfg A) / LDC Amendment Reauest ORIGIN: Community Development and Environmental services AUTHOR: Mike Bosi, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC5:91 LDC SECTION: 5.05.09 G. LDC SUPPLEMENT #: Original LDC Recodification (04-41) CHANGE: Add lighting require to include existing telecommunications towers over 150 feet for the protection of Collier Mosquito Control pilots and general public. This code amendment was specifically requested by Collier Mosquito Control. REASON: Collier Mosquito Control pilot and general public safety FISCAL & OPERATIONAL IMPACTS: The cost to implement this regulation IS estimated at approximately $4,000.00 per tower impacted. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 4:20 p.m. This version was created on December 14, 2004 at Amend the LDC as follows: 5.05.09 Communication Towers * * * * * * * * * * * * * G. Development standards for communication towers. * * * * * * * * * ~~---~-- ( ~l * * * * 23. All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. The total structure height shall include all appendages and attachments, such as antennas, lights, lightening rods, or any other accessory device that would extend the height of the tower. All existing towers shall have six months (180 days) from hhe effective date of this Amendment 1 to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules. 24. A COpy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee. LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John R. Hou1dsworth, Senior Engineer DEPARTMENT: Engineering Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC SECTION: 6.06.01 (0) LDC SUPPLEMENT #: CHANGE: Allow for the County Engineer I Engineering Services Director to approve alternate cross-sections for private rights-of-way for projects which have not submitted a Preliminary Subdivision Plat (PSP). REASON: The Code allows for private roadway cross sections to be determined on a case- by-case basis through the PSP process. The PSP process is now optional. If a PSP is submitted solely for a revised cross-section, the County Engineer determines if the section is acceptable. This revision would eliminate the submittal of a PSP solely for a revised right-of-way cross- section. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:31 p.m. This version was created on October 4, 2004 at Amend the LDC as follows: 6.06.01 (0) The minimum right-of-way widths to be utilized shall be as follows and, where applicable, shall be classified by the cross-sections contained in Appendix B, and will be directly related to traffic volume as indicated in the definition of each street continued contained herein and, where ...... ~"_"~.'"'C~·' applicable, clarified by the cross-sections contained in Appendix B. ~.r.rivate street right-of- way widths and design may be determined on a case-by-case basis in accordance with Chapter 10. In the event that the applicant does not apply for a preliminary subdivision plat, the applicants engineer may request that the County Manager or his designee approve an alternate private right-of-way cross-section. The request shall be in writing and accompanied with documentation and iustification for the alternate section based on sound engineering principals and practices. LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell WebbIDavid Weeks DEPARTMENT: Zoning and Land Development Review/Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDCE: 1 - LDCE:24 LDC SECTION: Appendix E LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Deleting the Access Management Plan Maps and accompanying Legend. REASON: Ordinance 02-03 attempted to effectuate the current change by deleting references in old LDC 2.6.38.3. to the Access Management Plan Maps, but did not delete the maps themselves. Transportation staff did not want pre-determined access features identified, given the unknowns about the activity centers - what the undeveloped properties' land use would be, how existing land uses might change, how traffic patterns/volumes might change, and other factors considered when determining ingress/egress locations and type and any associated median openmgs. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: 2:55 p.m. This version was created on November 9, 2004 at Amend the LDC as follows: }',.PPENDIX E },.CCESS 1\L-'L.""J}",CEl\fENT PLA..l\¡ l\fAPS EXPLANATION OF LEGEND l\ND NOTATIONS ON ..^..CCESS 1L'\N..^..GEMENT PL'\N Exist: MAPS' mgb 'Id: . structures (p. ~1. mgs 31'ld sf - . d nmar.!;· ' Hehir", G I eoofiad for . - oamesideooal .. enerally re (e.g., com,eoi:eographie refereoce) "'"sbng at the tim~r..'eÐtl1 the shape siz ooe stores, shoppio (e.g., bank,) end oth ofadoptioR ofth~ e and locatiao of E . . g c.nt.rs). ers because ofh' Rlop. Soma Hses *1511"1; i.. , 19b traffic . ..e ofadeptioo of h It' eS9. egress Jod' generation t e map lcates an e ' , . xIStmg ck· lye Sf à . 4 n"e" . , 'fJPro" . · rlBj' æto . existing de',el.ed mgrossiegress H b . a project at the time , opmeffi ' 1'l 1;;[1# Ii à' not oORfilrncted offier (PUD I n !Oates a 00" . at the tlm. of d ' p aoned 1H1it de" I .e, drive-oVay 0 " ... . a Opt100 of the mop . e opment or 8D P s:¡"o;-oVay approved b . ,,0.. lngi' , .' · e"al ) an de\'elopmaHt or'::::' egress "..ticat.s de . . opment plan) btit could only be app ,~lre~ location of fì tl . ro . ed If · "'. ace . Aø.i/or ' , aooe" poiRl e" poIB!!J F "<JOe" poim ßr ß'"rc med:fie . , ·s cOlÐf!ly with th . 1i!ure accidents ' at the time of adalj f "lie.. reme"'" Ir-d' ose 100atiOBS ropofls I p 100 efth 0 IOlIIes . . pa.sible modific~. raffie volumes and ..·0 Rlop, whioh is to an ex"ling or OPPIW' IdeHtiliad iR tloo or removal' U' opemtmg oendif b. monito<ed (r ,,' :ed Òti! Imlmili modificatioR ~:enth.s.s, e.g., "~os ~I y this symbol ::"" within olose pro~¡ 10 .N end analyze paim itself M ¡., chonge meElian 51 Ie removal)." '0 aoo0IÐf!""'.d by th mrty to !he site) fur Modifioati~~ a Ian moElificatioo .:p~mog kom fun't~ ~e.s points may b.': ~otenlial ohange sigBifieaol si!::~~7;Yal of the acoe;' ;:: ioàependeHt :o;::~":" etc.) and':r :~:"." median 100, er ohaoge . lis elf may 00 e"elopmeHt" aoce" E. . IR tise. our at time f . actmty. *lstÙ'g d' 0 .He rede" I concrc!e . _ '"0 ,tHIS De . .. . e opment m.wan plots loe f ' r"l'resenlati". ' oot paint.d median) 0 IOn aod shape of . . 00 field me"\I£emeotsa~.:. time of adop~~~:g restrictive medians Side....aJl,' " e perfonood. the mop. MeElian d' (gmss or . IBilloates existio lIReru;io,," are D . g payed si d.,..all " o"lb I .. ,"lIh . . ....,0 tralJic I' , ... .... (¡me of d . " .Ig~t Indieat.s th' a optlOO of the . poss"le locat' Rlop. IOn of a traffic light at som t' e lme in the C7. . .L 1;;[f1;;[re e' eXISting . ,aSblre afmed' medIan opening d' l6l1'l openil'lg Indi ue to scheduled cates the p1ann d D road·..· e or op "Bssibi I .."oy 1111 ...·pro..ed I opeoi'c <J.e8uro 0' . proy_ents' c OS\l£. of ng. " medIan e . . ao 13cmng Ii à· n lcates th . e posSIble closure of an existing m d' e Ian existing median op . elling. Sharcs access CnC01Jlra cd . pa:rcels ofland. Staff"'ould g IndIcates desire for one acc . Adjacent porods~; sm-- .~~...ageir"qHeGt this aI time of d ~~?oœt to '''''''a two or ",or. readwey, me 0 .. Horshlp mey b. limit.d t ' a,. 0JIIlCBI ordor r"..i...· o a smgl ' n . e access point on{o th . e major T f . ~1'l Cl cr:m1'lcct cncoure J . appropriate ~a ff ge IndICates mher . . a vIOu1d encourage/request th' e ~ mterconnection between . IS at tIme of denelop properties appears Pølcn,,,ll ¡Hie ' "'ell! order re"iew , . rooHncct II d' ' propertIes appea:rs appro ria B ICates genera110cation mhere . .Hc"'I11'gei<eqHost this : Ii ta aIld whora OHa of tho Mo p';;"'et .IHI œtorcOIlfi.Ctio" b.twe"" tan. of r.dav.topmell! or s~e i': de"otepmellt order r.viaw of ~~ alr:~y devolop.d. 8 taff may gn ca-nt use change for the existing d .~ 1 e. eloped parcel and at " d' 0, a op.d p.. ! HO "<JOt 6<JCCSS t. ---e... fro.m the specified road'¡{a ' , . . (namc af r061d) Indicate od¡acellt property aad/or; ressltmg m ""e.ss b.ing o._od ~ a ~..col CSOliOt obtaiR acca" om some other street H'ough m{erconnection mith . n an "hT J" . ,a 1r-cct 6lccess to parcel cannot obtain access fro (n('1~1C ofro61d) unlcss a s''],ar threng!¡ intereoßliectiOfl ..-jth m the spec¡fiod maœNay rasnlti.. eå aece93l'.¡Ht ffidicatas a ace." is shored with 'd' ÐIi ad)acell! proporty IHId/er fi g iii acca" beiRg obtained a-n a ~acent property fom some other street 1 . un ess the Futi>lrc reYns"a' .¡;, . to ' . 'btture n 1 f . o a-n acc . 'J g.'l m rig''],t . ass pOInt due to schedu1 à ' ,aut, etc. Indica{es a 1 llic!nda lliedillli lliod'Ii' · roadway impro"eJIi ! ( P lIfHled 01' appro"ad ch . CalIO" S' h h ' en s . g ! ,lHIge ÐIi approvod de\<.lopmallt ord-s~- t·-at all ""cess point chllliga; ¡;, p ",;,od futuro 4 !aniRg will lliodllied. .r or dIffarellt land sse which . Olli 1Il1!0 dHoetioanl) er dBa t eXIstmg access poi to 0 n removed or D 1')7 ~ OS81 .c rcmo"a' "l:J'. due to futl ", .1~OSSl .c rIght in, right out . ure medwn modifications not yet p1~~:"d IndIcates a possible change to an . ~ e or as a result ofm "t . access pomt om oflng the access point. . .. . . .. . . I' . · · I. -. J . .. · . - -- . .. to . . .. ! , t ~ · Ç1 .. ~ c: ,. .. .. t"'" .. '"z3 . .11.., . ..", 0 "T,1 III .. · · . .. w ~ ,. ~ . i ! '><: . - 1 . n <:) J I -- II .. to .¡ .. AC:C:II!SS MANAdl!MI!NT P""N 4C:TIVrTY CEiNTGR IlIIDI!X MAP . i , .. " .. :=-1L~ ¡- .........1 _ ..... ........ L'" ~... .......... ............. lþ" ."'11. lilt... ........ ~ II t .. .., . \jL-\ ~ 1 .. ~ ... . ~ ;;: ¡ I.} ow I ~ ~ i f:t I Hi ~ ~ ~ ~ u ~ 0( f ! ----.:::;,.-;·1 .: i .. . I J i!¡¡¡ I II If II II !! ~i. i w~~ S!,,~~.~ i ..~~ ~.: ~ UI~ Ii 5ifj~~J=!il ï ~~ii¡ t! ~IE! ~ t I X I ¡ , Ii ! ! ~, g T , Iii ~ ! 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I , " . b u~!!I; Illii!'1 ell. ~"J' ~ Ii 0 J - ... -:I: t · ! - .. - ~ ¡ ~III. ~ W i LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services AUTHORS: Thomas E. Kuck, P.E., Stan Chrzanowski, P.E. , John Hou1dsworth DEPARTMENTS: Engineering and Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 1 - 2005 LDC PAGES: LDC 10:52 (delete text), LDC 10:3 (add text) LDC SECTIONS: CHAPTER 10 APPLICATION, REVIEW, AND DECISION- MAKING PROCEDURES; Section 10.02.04 A.4.f. (deleted) & 10.01.02. A. & B., added) LDC SUPPLEMENT #: Supplement 2 CHANGE: Remove/delete provisions for Preliminary Work Authorizations and create provisions for Early Work Authorization (EW A) permits to be administratively approved. REASON: To allow limited site preparation and improvement related activities to begin once a project has met certain criteria prior to final approval of the applicable development order. FISCAL & OPERATIONAL IMPACTS: There are fiscal and operational impacts as the EW A will be processed as a second review in association with the applicable development order. It will take the environmental review staff a few more hours to do this review and then have to go back to the application at a later date to complete the review. Other staff has not assessed the additional time yet that it would take to do this reVIew. RELATED CODES OR REGULATIONS: Section 3.05.05.0, Section 4.06.00, Section 10.02.02. C. GROWTH MANAGEMENT PLAN IMPACT: There IS no growth management impact OTHER NOTESNERSION DATE: Amended March 30,2005, at 2:15 p.m. Amend the LDC as follows: ~-- -..''''''~.' ~'...>""~ ( "-'-'", \ . . C \ · .1 S:.)~) Delete 10.02.04. A.4.f. Section 10.02.01 .\.1.f Approval of improvement plans.. and final subdivision plat required prior to development. l..nything contained elsewhere in this Code to the contrary notwithstanding, no development shall be allO'.ved pmsuant to a preliminary subdi':ision plat prior to the approval of improvement plans and final subdivision plat submitted for the same or portion thereof. .^...uthorization to commence any development prior to the completion of the provisions set forth herein in sections 10.02.05 E.,1O.02.01 E.]., shall be the subject of a preliminary work authorization as set forth herein. .^... preliminary work authorization whose form and legal sufficiency shall be approved by the county attorney shall be submitted in the form established by the county attorney and shall be a legally binding agreement between the applicant and the county. Add Sections 10.01.02. A. and 10.01.02. B., as follows: Section 10.01.02. A. Development Order ReQuired. No on-site or off-site development or development related activities, including site preparation or infrastructure construction, will be allowed prior to approval of the otherwise required development order or development permit including, but not limited to: SDP. SIP, Construction Drawings, or SCp, except where early work authorization has been approved. Section 10.01.02. B. Earlv Work Authorization (EW A). 1. An EW A permit may be approved by the County Manager, or designee, for one or more of the following activities: a. Vegetation removal (site clearing), b. Excavations, c. Site filling, d. Construction of storm water management facilities limited to ponds, retention/detention areas, interconnection culverts, and swa1e systems: and, e. Off-site infrastructure. f. Construction of a perimeter landscape buffer, berm, wall, or fence. 2. The County may issue an EW A permit for the allowed activities, subiect to demonstrated compliance with the following criteria, as applicable: a. The proposed vegetation removal complies with Section 3.05.05.0.: b. A County right-of-way permit has been approved. c. A determination of native vegetation to be retained for landscaping which would comply with Section 4.06.00. d. An excavation permit has been approved. e. A Soil and Erosion Control Plan demonstrating compliance with the provisions of Section 10.02.02. C. ('~'-'~~"'.~"""""'~"'~"'-'~. : .~.~. l'~;11~~ 'f,~~ . \" t,:)'::; t? 't\ '....... "-~".."..,"--,."'--"- f. Copies of all approved Agency permits being submitted. including. but not limited to: SFWMD. DSACE. DSFWS. and FFWCC. g. Determination of legal sufficiency of the EW A permit by the County Attorney's Office. h. Posting of a Revegetation Bond of $5.000 per acre as per the provisions of Section 4.06.04.A.1.a.vii. 1. Assurance that all underlying zoning approvals are in place (e.g. PDD. C.D.. etc.) J. This approval is good for 60 days with the possibility of 2 ea. 30 day extensions dependent on the reason for the inability to gain proper approvals. After that time. cleared areas must be graded off and hydroseeded k. The developer must clearly state in writing. his understanding that all such preliminary construction activities are at his own risk. and do not constitute approval of the underlying petition. 1. Provide assurance that the schedule of development activities created in accordance with the VRSFP. will commence at the time the EW A is issued. and will be a part of that 18 month time frame as set forth in Section 4.06.04.A.l.a.vii.d. {,/-"~=-":\ l i,!. ~- ~ } "''''n~". '''''''....-.,. f \ \ ,...l J ~ LDC Amendment ReQuest ORIGIN: Community Development & Environmental Services AUTHOR: Patrick G. White, Assistant County Attorney, John Hou1dsworth, Senior Engineer DEPARTMENT: County Attorney's Office, Engineering Review Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC10:18 LDC SECTION: Lot Splits (new) 10.02.02. B. 12. LDC SUPPLEMENT #: as re-codificd CHANGE: Requires staff review of all divisions, i.e., splits of parcels of property to ensure they confoffi1 to County land development regulations. REASON: Currently, the division of property into two parcels (i.e., less than a "subdivision" of three or more lots/tracts) is not given staff review. Many recent OCCUlTences of such divisions of property have impacts to Zoning, Transportation, Subdivision or other regulatory areas of which neither the property owner nor the County is aware. FISCAL & OPERATIONAL IMPACTS: compensate for staff time spent in review. An appropriate fee will be established to RELATED CODES OR REGULATIONS: LDC Section 10.02.04.; Chapter 177, Florida Statutes GROWTH MANAGEMENT PLAN IMPACT: This amendment will further implement and enhance consistency with the Growth Management Plan OTHER NOTESNERSION DATE: February 25,2005, at 2:27p.m. Amend the LDC as follows: 10.02.02. Submital requirements for all applications * * * * * * * * * * * * * B. Subdivision exemptions. * * * * * * * * * * * * * 12 Lot Splits. The further split or division of a lot, parcel, or any lot of record into two proposed parcels must be reviewed and approved by the County prior to any subsequent development orders or development permits being issued or approved. 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, an easements of record on the subiect property, and the present zoning and land use classification of the subject propeliy, as well as all pertinent vard or setback regulations and proposed access to a1\ resulting parcels. Appropriate access to the resulting parcels from the public road network must be demonstrated, and where necessary, may require appropriate easements for joint or cross access to be recorded before an approved lot split becomes effective. Only lot split requests meeting the applicable land development regulations, specifical1y 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. Cis- ~ LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John R. Hou1dsworth DEPARTMENT: Engineering Review Services AMENDMENT CYCLE # OR DATE: LDC PAGE: 10.52 LDC/UDC SECTION: 10.02.04 Submission Requirements LDC SUPPLEMENT #: CHANGE: Add reference to include Site Development Plans REASON: To allow conditional approval of certain aspects of a site development plan prior to final approval by staff FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact OTHER NOTESNERSION DATE: Amend the UDC [LDC] as follows: Section 10.02.04 (4f) Approval of improvement plans, site development plans, and final subdivision plat required prior to development. Anything contained elsewhere in this Code to the contrary notwithstanding, no development shall be allowed pursuant to a preliminary subdivision plat prior to the approval of improvement plans and final subdivision plat submitted for the same or portion thereof. Authorization to commence any development prior to the completion of the provisions set forth herein in sections 10.02.05 E.,10.02.04 B.3., and 10.02.03 (4) shall be the subject of a preliminary work authorization as set forth herein. A preliminary work authorization whose form and legal sufficiency shall be approved by the county attorney shall be submitted in the form established by the county attorney and shall be a legally binding agreement between the applicant and the county. ..""_ LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John R. Houldsworth DEPARTMENT: Engineering Review Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC 10:59 LDCIUDC SECTION: 10.02.04 Submittal Requirementsfor Plats LDC SUPPLEMENT #: CHANGE: Exempt resubdivided Lots of Record from having to front on a public or private right-of-way in the Estates and Agricultural zoning districts by allowing one division of a single platted lot or otherwise established "lot of record" to utilize an access easement for access when no more than one lot is being created. This will also legitimize existing situations where access easements already provide frontage and access to unplatted lots of record in these districts. REASON: This amendment would mainly affect property in Golden Gate Estates, which was subdivided into Tracts having access and frontage on easements, not rights-of-way, but would also apply to resubdivided of Lots of Record in the Agricultural zoning district, where the same situation exists. The amendment would recognize the existing conditions by allowing future lot divisions of platted lots and Estates tracts, in these districts to front on easements; would allow access easements to be utilized for the division of one parcel into two where the rear parcel has no other frontage or access; and would recognized existing situations where unplatted Lots of Record already use assess easements to satisfY frontage and access requirements. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 10.02.02. ll.d, which currently allows for the subdivision of a 5 acre Tract in Golden Gate Estates to utilize an easement as access and frontage for the otherwise landlocked lot. ((This would also affect the definition of "yard, front" which says that setbacks are measured from the ROW line.) GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version modified on April 12, 2005. Amend the UDC [LDC] as follows: 10.02.04 B.4.i 1. 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 design requirements of this section, with the exception of one division of a single platted lot or otherwise established "lot of record" in the Rural Agricultural or Estates zoning district into two lots. herein refereed to a "lot-split." 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. 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. 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 access may accomplished with fewer access points than existed prior to the proposed lot- split. 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 the easement will be considered front yards for setback purposes. LDC Amendment Request ORIGIN: Community Development and Environmental Services Division DEPARTMENT: Environmental Services Department AUTHOR: Barbara Burgeson, Principal Environmental Specialist AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDCPAGE: LDC 10:103 LDC SECTION: 10.02.06 H 2 - Coastal ~onstruction Setback Line permits LDC SUPPLEMENT #: ...';oP'í';"":i;, Original LDG recodlficatÎoQ, (04-41) j~'~" .f' . À\~ CHANGE: Clarification of the protection required for coastal native vegetation. REASON: County staffgetsrequests fpr: native vegetation removal on the shoreline and even though it is clear that th.e~ areaermust be'þrovided extra protection, we are sometimes asked to provide citations for thtprohibition of manicuring these areas. FISCAL &"'OPERATIONAL IMPACTS: None ¥i? .;),' JŒLÁl'ED CODES OR REGULATIONS: Section 3.03.06 ""_ ",7. 1\',~~}, ~~_. "Z-~~:-'--\ GROWTH MANAGEMENT PLAN IMPACT: None " .~. , OTHER NOTES/VERSION DATE: .'-J": \-.'c,;·' This version was created on December 7, 2004 " -;\~~ Amend the LDC as follows: (10.02.06 H 2 - Coastal Construction Setback Line permits) H. Coastal Construction Setback Line Permits. The following activities seaward ofthe coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 1. Construction or replacement 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 six feet. b. A minimum separation of 200 feet between ~a1kovers when two 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 ha been obtained and the following criteria have been met. a. Sand used must be compatible in color a grain size to existing sand subject to FDEP requirements. ,'_' ;,-Mt:::, .,;_" b. Plants utilized shall be¡,lûO '~~rcei~'fñ~~ive coastal species. 1!',_: ',r':t~>,\" /'1- c. Restoration plans sl1allbe degr~e(t¡b'y an individual with expertise in the area . ¡,íÍ1r ¡.. , " ""(. of envIronmental sCIences, n~t:ural resource management or landscape architecture. AÇA~9~c~cre~etitia1s shall be a bachelors or higher degree. Professional~perren¢e may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of F10rida.~,i/ !<:,._,--" ," tft, -Y'\1f¡:. d. Nafive ~~et¡ftion on shorelines. either naturally existing or planted in coastal dhnes or strands or seaward of the CCSL. shall not be trimmed or altered in any way and sha11 not be maintained as landscaping. This shall be a requiremènt of all Coastal Construction Setback Line permits issued for dlme creation, enhancement or re-vegetation (10.02.06 H 2). Exceptions made be allowed when it is necessarY for safety reasons to trim along \va1kways or adiådènt to buildings. Temporarv irrigation may be utilized only until newly planted vegetation can be established. ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005 Cycle I LDC PAGE: LDC10:109 LDCIUDC SECTION: UDC 10.02.06 J. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Revise "Cultivated Tree Removal Permit" language to add tree protection language and to reference the newly created "Cultivated Tree Protection and Tree Replacement Fund" language. REASON: To cross reference the newly created "Cultivated Tree Protection and Tree Replacement Fund" language and to create language that will protect trees. Unlike most other counties, trees in Collier County currently are not protected. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Newly created LDC 4.06.05 "Cultivated Tree Protection and Tree Replacement Fund" and LDC 3.05.00 "Vegetation Removal Permit". GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the UDC [LDC] as follows: 10.02.06 J. [Sec.2.4.8.] Cultivated Tree Removal Permit. 1. Cultivated Tree Removal Permit. Cultivated Tree Removal Permits are required for the removal or relocation of any tree or palm that has been installed by man and is not part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a permit shall be obtained. ^ maximum of 10 trees per five (5) year period may be removed with a Cultivated Tree Removal Permit. When more than 10 trees shown on an approved code minimum landscape plan are removed. an Insubstantial Change shall be submitted. However, prohibited exotic tree removals are exempt from this requirement, except when they have been used to meet minimum code landscaping standards. Naturally occurring landscapes shall require a Vegetation Removal Permit; refer to section 10.02.06 C. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicability. The provisions of this section are applicable to all development except for single family home sites. However, such homes must maintain the minimum landscape code required trees per section 4.06.05 [2.4.6.]. An owner, or an agent of the owner may apply for a permit. If the applicant is an agent of the owner, a letter from the property owner indicating that the owner has no objection to the proposed tree removal shall be submitted with the application. 3. Criteria for removal of cultivated landscaping. The Landscape l\rchitcct Planner may approve an application for vegetation removal based on the following criteria: (a) A tree cannot 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 county landscape architect. 4. Application requirements. An application for Cultivated Tree Removal Permit shall be completed and submitted to the Zoning and Land Development Department. The application shall include the following: (a) Proof of ownership such as a warranty deed or tax statement. (b) A site plan depicting the location of proposed trees to be removed, proposed replacement or relocated trees, buildings, paved areas, structures and utilities. The Zoning and Land Development Review Department may require that said plans be prepared by a Landscape Architect registered in the State of Florida when the tree removal exceeds 10 trees. If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals, the Department may require that a tree survey of the site be prepared and submitted to the Department for review. (c) A letter of approval of the tree removal from the Homeowner and or Master Association if applicable. (d) Addressing Check List. 5. Permit conditions. The Landscape Architect Planner shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one (1) of the following conditions: (a) That the tree, if transplanted, will be moved, established and maintained using proper arboricu1tura1 and horticultural practices and as outlined in Chapter section 4.06.05 ofthe Code [Division 2.4.]. (b) That the tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the county Landscape /\rchitect Planner, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. (c) That the tree, if not replaced on site, shall be replaced by the applicant by providing the equivalent tree monetary value to the County's Tree Replacement Fund. LDC Amendment ReQuest ORIGIN: Community Development & Environmental Services AUTHOR: Paula Fleischman, Impact Fee Analyst DEPARTMENT: Financial Administration and Housing AMENDMENT CYCLE # OR DATE: Cycle 1, Spring 2005 LDC PAGES: LDC 1:10 & LDC10:113, as originally re-codified LDC SECTIONS: 1.08.01 & 10.02.07. LDC SUPPLEMENT #: as originally re-codified CHANGE: Make clear the election to not require a Certificate of Adequate Public Facility (now delineated as an abbreviation - COA) for non-residential subdivisions (i.e., typically a commercial or industrial Final Subdivision Plat (FSP)) until a required SDP is subsequently obtained. REASON: Currently, in proportion to the traffic impact stated in a Transportation/Traffic Impact Study (TIS)(a1so newly added as an abbreviation), an applicant for a non-residential FSP must pay the estimated 50% transportation impact fees for one or more lots at a specified intensity of development (expressed in square feet) in order to obtain a COA for that one or more lots in such subdivision. The amended regulation would allow the property owner to elect to defer the submittal of the TIS, payment of transportation impact fees, and requirement to obtain a COA until the required SDP is subsequently applied for and approved under applicable rules. FISCAL & OPERATIONAL IMPACTS: payment of impact fees for one or more commercial/industrial subdivision platting subsequently applied for and approved. At the election of the property owner, lots of FSP's otherwise collected at time of may be deferred until required SDP's are RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: This revision is consistent with and further implements the Growth Management Plan OTHER NOTESNERSION DATE: p.m. Originally prepared on February 25, 2005, at 5:37 ¡, -,:.~"'~ ~.·'.'Ð·.·". .."..,.._"<o.~~ Q~2-~ _.,.",,~--........-~,.,......,.-.,..,.. Amend the LDC as follows: 1.08.01 Abbreviations * * * * * * * * * * * * * COA Certificate Of Adequate public facility * * * * * * * * * * * * Transportati01v'Traffic Impact Study * * * * * * * * * * ,,< TIS * * * 10.02.07. Submittal Requirements for Certificates of Public Facility Adequacy * * * * * * * * * * * * * C. Certificate of public facility adequacy. 1. General. a. A certificate of public facility adequacy (COA) shall be issued concurrently with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued, fifty percent of the estimated transportation impact fees must be paid into the applicable trust fund pursuant to 10.02.07 C.1.e., and such funds will be immediately available for appropriation to implement capital road facility improvements, except that for those non-residential (i.e.. t'l"picallv commercial or industrial) developments otherwise required to obtain approval of an SDP prior to the issuance of a building permit, applicants for a final subdivision plat may elect to: i. comply with the applicable regulations of this section as to one or more of the 10t(s) of the FSP and obtain a COA specificallv foriust that lot or lots at a specified intensity of development: or ii. de1av submitting a TIS and obtaining a COA for all of the proposed lots, or iust those remaining lots not then already complying with this section, until a required SDP is app1ied for and the terms of this section are then complied \vith including pav111ent of estimated transportation impact fees. The subiect development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes, however, until approval of a TIS, payment of 50% estimated Transportation Impact Fees, and issuance of a COA in accordance with Chapters 3, 6, and 10 of this Code and Rule 9J-5.0055, F.A.C. Impact fees for all other Category ItAIt capital improvements will be paid at the time of issuance of building permits at the rate then currently applicable. b. Annual Traffic/PUD Monitoring Report. Qa-Afler February 6, 2003, fthe effective date of this section's amendmentj-, all PUDs which are less than 90 percent built-out, must annually submit a report detailing their progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on or before the anniversary date of the PUD's approval by the Board per LDC section 10.02.13. F.ß WG. The written report must be submitted to, and be in, a format established by the County Manager, or desÜmee, unless payment-in-lieu is provided pursuant to section 10.02.13. F., Transportation .^~dministrator and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. Traffic/PUD Monitoring Reports which are more than ninety (90) days past due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report. c. Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this section, i.e., on or about November 3, 1993, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. d. Estimated transportation impact fees for a development shall be paid into the applicable impact fee trust fund in the amount estimated to be due upon issuance of the fina110ca1 development order(s) for the development upon or prior to issuance of a certificate of public facility adequacy for the development. Developments that have paid estimated impact fees for all Category ItAIt facilities prior to February 6, 2003 the [effective date of this section's amondment], and which elect to come under the provisions of this section may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the fina110ca1 development order(s) for the development. If the developer does not elect to come under the provisions of this division, impact fees paid into the impact fee escrow trust fund prior to February 6,2003, [the effective date of this section's amendment] shall be refundable upon written request to the Countv Manager or designeeCommunity development and Environmental Service::; Division Administrator accompanied by the surrender of the original certificate of public facility adequacy obtained prior to issuance of final local 'fG)""~ --~ f__·~-·"""·'~· - developm'ent order(s) for the development. Fees paid into applicable impact fee trust accounts as a prerequisite to the issuance of final local development order(s) prior to Februarv 6, 20m,the [effective da-te of this section's amendment] in accordance with the applicable consolidated impact fee regulations ordinances in Chapter 74 of the Code of Laws and Ordinances shall be refundable pursuant to the provisions of such regulations ordinances_upon written request to the Finance Director, Clerk of Courts. LDC Amendment Request ORIGIN: Transportation Services Division AUTHORS: Nick Casa1anguida /A1an Elurfa1i DEPARTMENT: Transportation Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: 10:136 and 10:137 LDC SECTION: 10.02.13. F. LDC SUPPLEMENT #: as re-codified CHANGE: To clearly define procedures regarding annual monitoring reports, including annual traffic counts; and to allow for an option to make payments-in-1ieu of submitting annual traffic count reports. REASON: To obtain more detailed traffic analyses so as to enhance the accuracy of the concurrency management system FISCAL & OPERATIONAL IMP ACTS: If a payment in lieu of annual traffic count reports is elected by an owner. The County will receive approximately $1,500 to $2,500 per access point. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created February 2, 2005 at 4:00 p.m.; and amended on February 25, 2005, at 4:21 p.m. Amend the LDC as follows: 10.02.13. Planned Unit Development (PUD) Procedures * * * * * * * * * * * * * F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, /~..~:~ r ~. >^, ~) , l ,f -....-.._----- annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. .L The monitoring report must be prepared in a County approved format to include as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete,. These reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). 2. The monitoring report must provide the following information: a. hName of project. b. ;hName of owner. c. ~Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved or for which a valid permit has been issued, but which have not been completed and anyon-site or off-site commitments completed and approved as of the due date of the monitoring report. L 4:-Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information, including on-site or off-site commitments. ~~A3::!raffic counts report for all access points to the adjacent roadway network which must be signed and sealed by a professional engineer and performed over a 72-hour weekday period to include 15 minute intervals and turning movements in the PM peak two hours; except that the owner(s) ofthe PUD, in lieu of submitting an annual traffic count report. may elect to make a payment to the County in an amount equal to the cost to conduct the required traffic count( s) as defined in an engineer's certified estimate of such costs. Such funds received must be used by the County to count traffic on the maior roadway network used by the development as defined in the originally submitted traffic impact statement. L&Copies of all required monitoring reports completed in past year (i.e., traffic, wellfie1d, etc.). &- +oUp-to-date PUD document which includes all approved amendments as of the date of the monitoring report. L&-OStatus of commitments in PUD document, including projected completion dates if then established. h ~Other information as may be required by County Manager or his designee. ~-l-G-,--Monitoring reports must be submitted in aAffidavit form drafted and supplied approved by Collier County to be executed by the owner(s) of the PUD. 4. Change of ownership. l..Cehange in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing that the--annua1 monitoring report. * * * * * * * * * * * * * Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * * * * * * B. Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. * * * * * * * * * * * * * * 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twioe. The first notice shall be sent no less than 30 days after the receipt of a suffioient application by the County Manager or his designee. The second notioe shall be seE:t at least 15 days in advance of the hearing. Beth This notices shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. \" Î (0 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Ray Bellows, Chief Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC10:140 LDC/UDC SECTION: 10.03.05 B.8. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Eliminate the first of two required notices to be mailed by the Planning Services Department (now the Department of Zoning & Land Development Review) to property owners within 500 feet of the subject project. The first notice is to be mailed no less than 30 days after receipt of a sufficient application. REASON: The 30 day notice requirement is no longer necessary due to a previous amendment that moved the Neighborhood Information Meeting (NIM) requirement after the initial staff review and comments are complete. The initial staff review is typically completed within 30 days rrom submittal, which results in the NIM being held around the 30 day time frame. As a result, the County's 30 day notice letter is redundant with the NIM notice sent by the petitioner. In addition, this Subsection also requires the first notice to provide the time and place of the public hearing by the planning commission. The problem is that this requirement is to early in the review process for staffto determine the time of the planning commission hearing. FISCAL & OPERATIONAL IMPACTS: Implementation would eliminate the cost of mailing the notice letters and would reduce staff time associated with preparing and mailing the letters. RELATED CODES OR REGULATIONS: LDC Sections 10.03.05 E. (Public Participation requirements for rezonings, PUD amendments, conditional uses, variances and parking exemptions) GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 4:43 p.m. This version was created on November 23, 2004 at LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: 10:145 LDC SECTION: Section 10.03.05. E. Public Participation LDC SUPPLEMENT #: Supp #1 CHANGE: Adding a requirement that all applicants for small-scale and site-specific Comprehensive Plan Amendments conduct at least one Neighborhood Information Meeting "NIM" prior to the CCPC adoption hearing for small-scale and the CCPC transmittal hearing for other site specific amendments, and providing for a second NIM prior to the CCPC adoption hearing in the event of a substantial change subsequent to transmittal of site specific amendments. REASON: The CCPC has requested that a NIM requirement be added to the Comprehensive Plan amendment process to broaden the awareness of potentially affected adjoining communities beyond the statutorily required public hearings. FISCAL & OPERATIONAL IMPACTS: Applicants will Incur additional advertising and NIM staffing expenses. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Will provide greater notice to citizens of proposed small scale, site-specific amendments to the Growth Management Plan. OTHER NOTESNERSION DATE: This version was created on January 24, 2005 at 12:00 p.m., and was amended on February 13, 2005, at 4:24 p.m. Amend the LDC as follows: Page 1 of 3 CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES * * * * * * * * * * * * 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * * * * E. Public participation requirements for small-scale or other site-specific comprehensive plan amendments, rezonings, PUD amendments, CONDITIONAL USES, variances or parking exemptions. 1. APPLICANTS requesting a small-scale or other site-specific comprehensive plan amendment. rezoning, PUD amendment, or CONDITIONAL USE approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the app1ication~ or after notification of application sufficiency for a small- scale or other site-specific comprehensive plan amendment, and before the Public Hearing is scheduled with the Planning Commission. For a small- scale amendment, the NIM is required prior to the CCPC adoption hearing, For other site-specific comprehensive plan amendments, the NIM is required prior to the Planning Commission transmittal hearing. A second NIM for a site-specific comprehensive plan amendment. to be held prior to the Planning Commission adoption hearing, will only be required if, as determined by staff, a substantial change has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearing. For all other applications, t+he appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the APPLICANT from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 10.03 .05. B. aOO:v-e 6. or 7. Notification shall also be sent to property owners, CONDOMINIUM and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the county, but the APPLICANT must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County manager or designee and the Page 2 of 3 * * office of the board of county commissioners no less than ten days prior to the scheduled date of the neighborhood informational meeting. The APPLICANT must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The APPLICANT must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no sooner than five days before, the neighborhood informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the APPLICANT is expected to make a presentation of how it intends to develop the subject property. 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LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell WebbIBarbara Burgeson DEPARTMENT: Zoning and Land Development Review/Environmenta1 Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC1: LDC SECTION: Section 1.08.02 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding the language explaining where the list of exotics can be found. REASON: This language was not included in the recodification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various environmental LDC provisions GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 6:23 p.m. This version was created on December 21, 2004 at Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * * * * Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native vegetation communities 12Y;...disp1acing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species; which includes all species of vegetation listed on. "^.. list of these exotics can be found in the 2003 Florida Exotic Pest Plant Council's List of Invasive Species, under Category 1. CD ® LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC1: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: N/ A - new language CHANGE: Re-inserting the definition of kenneling. REASON: The lack of a definition allows the keeping of numerous dogs without defining what constitutes a kennel. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.04.03 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2:40 p.m. This version was created on October 28, 2004 at Amend the LDC as follows: 1.08.02 Definitions Kennelina: An establishment licensed to operate a facilitv housina doas. cats. or other household pets or the keepina of more than three doas. six months or older. on premises used for residential purposes. or the keepina of more than two doas on property used for industrial or commercial security purposes. ® LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC1: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: N/A - new language CHANGE: Re-inserting the definition of shopping center. REASON: There are different development standards for shopping centers as opposed to other commercial uses. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapters 2 and 4 of the LDC GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2:48 p.m. This version was created on October 27, 2004 at Amend the LDC as follows: 1.08.02 Definitions Shopping center: A group of unified commercial establishments built on a site which is planned, developed, owned or managed as an operating unit and related in its location, size, and type of shops to the trade area that the unit serves. It consists of eight or more retail business or service establishments containing a minimum total of 20,000 square feet of floor area. No more than 20 percent of a shopping center's floor area can be composed of restaurants without providing additional parking for the area over 20 percent. A marina, hotel. or motel with accessory retail shops is not considered a shopping center. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC2:97-99 LDC SECTION: Section 2.03.08 C. and D. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Changing the lettering of the sub-section headings. REASON: The lettering of the sub-sections was done improperly during the recodification and "C" should have been "B", etc. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: 3 :08 p.m. This version was created on November 29, 2004 at As to the reason for the deletion of the "Eastern Lands" in the title for this section, please see the Amendment request in this Cycle submitted by David Weeks under the same LDC section number. Amend the LDC as follows: 2.03.08 Eastern LandslRural Fringe Zoning Districts G: B. Natural resource protection area overlay district (NRPA). ® ® 1. Purpose and Intent. The purpose and intent of the Natural Resource Protection Area Overlay District (NRP A) is to: protect endangered or potentially endangered species by directing incompatible land uses away their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRP As may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRP As set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall ffi be applicable in addition to any standards that apply tin the underlying zoning district. * * * * * * * * * * * * * I)..;. C. North Belle Meade Overlay District (NBMO). 1. Purpose and intent. The North Belle Meade Overlay (NBMO) is unique to the RFMU district because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. @) ® PAGES 6-13 INTENTIONALLY REMOVED PLEASE PROCEED TO PAGE 14 (NEXT PAGE) LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Nancy Siemion DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC4:53 LDC SECTION: Section 4.02.23 D. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Re-inserting the language concerning landscape buffers adjacent to road rights-of-way in the Activity Center #9 Overlay District. REASON: This provision was not included in the LDC recodification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC 2.03.07 K. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:15 p.m. This version was created on December 6, 2004 at Amend the LDC as follows: 4.02.23 Same--Development in the Activity Center #9 Zoning District * * * * * * * * * * * * * D. Landscape buffers adjacent to road rights-or-wav. In addition to the requirements for a Type D buffer. the following requirements shall aµp1v: 1. Landscape buffers adiacent to Collier Boulevard. S.R. 84. (Davis Boulevard and Beck Boulevard) and within 400 linear feet ofI-75 right-of-way line: ® a. Shall measure a minimum of 25 feet in width. b. The required number oftrees shall be supplemented bv an additional palm tree planting in the amount of 25 percent. c. Undulating beds of ornamental grasses and/or ground cover beds shall be incorporated for at least 30 percent of the required buffer strip area. d. All required trees shall be a minimum of 12 feet in height. e. Where industria11and uses abut 1-75, an eight-foot high unified, opaque, masonry wall is required. Landscape buffers shall be placed along the street side of said wall. The wall shall be located at the edge of the landscape buffer farthest rrom the property line. 2. Landscape buffers adiacent to all other public streets: a. Shall measure a minimum of 15 feet in width. b. Undulating beds of ornamental grasses and ground cover beds shall be incorporated for a least 25 percent of the required buffer strip area. c. All required trees shall be a minimum of 12 feet in height. 3. Landscape buffers, signage and lighting fixtures in residential areas shall feature a unified design at point of ingress/egress. Ih E. Lighting fixtures and signage within the Activity Center #9 shall be designed to complement the architectural themes of this overlay district. Lighting shall also be subject to the requirements pursuant to section 5.05.08 regardless of the gross building area. @ ,....~-,~ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Sharon Dantini/Russell Webb DEPARTMENT: Zoning and Land Development Review/Code Enforcement AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC4:78 LDC SECTION: LDC 4.05.04 B.S. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: opposed to 1 1/2. Revising the language to reflect the proper numerical value (112) as REASON: Cycle 1, 2004. This seems to be an error made during the recodification performed in FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:23 p.m. This version was created on November 24, 2004 at Amend the LDC as follows: 4.05.04 Parking Space Requirements * * * * * * * * * * * * * B. Measurement. Where this LDC requires off-street parking based on various types of measurements, the following rules shall apply: 1. Floor area means, for the purposes ofthis section only, the gross floor area @ @ inside the exterior walls, unless otherwise specifically indicated. 2. In hospitals, bassinets do not count as beds. 3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities count as one (1) seat. 4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. 5. When units of measurements determining number of required off-street parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one-half (±-1I2) shall require a full off-street parking space. ® LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Margaret Perry DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: Page4: 151-4:200 LDC SECTION: Section 4.08.07 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Renumbering the internal cross-references from section 4.08.05 to 4.08.07. Also, correcting a few typos. REASON: It appears that during the recodification in Cycle 1, 2004, this section was originally numbered section 4.08.05 and was changed to 4.08.07. When this was done, the internal cross-references were not modified. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2: 10 p.m. This version was created on December 8, 2004 at Amend the LDC as follows: 4.08.07 SRA Designation SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. Stewardship Credits generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. ElDensity and intensity within the ® RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immoka1ee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein. Land becomes designated as an SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.0~1 D.II. Any change in the residential density or non- residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution, which shall reflect the total number of transferable Credits assigned to the parcel ofland. A. Lands Within the RLSA District that can be Designated as SRAs. All privately owned lands within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA. WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide water management functions for properties within such SRA, subject to all necessary permitting requirements. 1. Suitability Criteria. The following suitability criteria are established to ensure consistency with the Goals, Objectives, and Policies of the RLSA Overlay. * * * * * * * * * * * * * g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 1.08.05(1)(6) 4.08.07 1.6. An SRA maybe contiguous to, or encompass a WRA. * * * * * * * * * * * * * B. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section 4.08.0~1 B.2. Stewardship density and intensity will thereafter differ from the Baseline Standards. 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. * * * * * * * * * * * * * e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 4.08.0+4 B., and transferred to an SRA subject to the limitations contained in this Section. ß ø * * * * * * * * * * * * * C. Forms of SRA developments. SRA developments are a compact form of development, which accommodate and promote uses that utilize creative land use planning techniques. SRAs shall be used to facilitate the implementation of innovative planning and flexible development strategies described in § 163.3177 (11), F.S. and Rule 9J-5.006(5)(1), F.A.C. These planning strategies and techniques are intended to minimize the conversion of rural and agricu1tura11ands to other uses while discouraging urban sprawl, protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and, providing for the cost-efficient delivery of public facilities and services. Only the following four specific forms of rural development in SRAs are permitted within the RLSA District. 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.0~1 J.1. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC. 2. Villages. Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character ofthe particular village. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.0~1 J.1. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of ® recreational facilities. The Village form of rura11and development is permitted within the ACSC subject to the limitations of Section 4.08.0~1 A.2. 3. Hamlets. Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subsections currently allowed in the Baseline Standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Section 4.08.0~1 J.1. Hamlets may be an appropriate location for pre-K through elementary schools. The Hamlet form of rura11and development is permitted within the ACSC subject to the limitations of Section 4.08.0~1 A.2. 4. Compact Rural developments (CRDs). Compact Rural development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set forth in Section 4.08.0~1 J.1. based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required. However for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with the standards for the most comparable form of SRA as described in Section 4.08.0~1 C.2. or 3. a. Size ofCRDs limited. There shall be no more than five (5) CRDs of more than 100 acres in size. b. CRDs within the ACSC. The CRD form of rura11and development is permitted within the ACSC subject to the limitations of Section 4.08.0~1 A.2. 5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct proportion of Hamlets and CRDs of lOO acres or less to the number of Villages and Towns approved as SRAs, not more than five (5) of any combination of Hamlets and CRDs of 100 acres ef or less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than five (5) of any combination of Hamlets and CRDs of 100 acres ef or less may approved for each subsequent Village or Town approved. 6. SRAs as Part of a development of Regional Impact (DRI). SRAs are permitted as part of a DRI subject to the provisions of § 380.06, F.S. and the RLSA District Regulations. (&) a. An SRA Designation Application may be submitted simultaneously with a Preliminary development agreement application that occurs prior to a DR! Application for development Approval (ADA). In such an application, the form of SRA development shall be determined by the characteristics of the DRI project, as described in the mA ADA. b. The DRI may encompass more than a single SRA Designation Application. It is the intent of this Section to allow for the future designations of SRAs within a DRI as demonstrated by the DRI phasing schedule. * * * * * * * * * * * * * D. SRA Designation Application Package. A Designation Application Package to support a request to designate 1and(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include thefollRwîng: * * * * * * * * * * * * * 3. Natural Resource Index Assessment. An assessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall: * * * * * * * * * * * * * h. Demonstrate compliance with the Suitability Criteria contained in Section 4.08.0~1 A.I. * * * * * * * * * * * * * 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the requirements of Section 4.08.0~1 G. 6. SRA development Document. A development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA development Document shall be consistent with the requirements of Section 4.08.0~1 H. 7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation a of SRA. The SRA Impact Assessment Report shall address the requirements of Section 4.08.0~1 K. ® 8. SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 4.08.0~1 L. * * * * * * * * * * * * * E. SRA Application Review Process. 1. Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre- application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as: a. Conformity ofthe proposed SRA with the goals, objectives, and policies ofthe GMP; b. Consideration of suitability criteria described in Section 4.08.0~1 A.1. and other standards of this Section; * * * * * * * * * * * * * 2. Application Package Submittal and Processing Fees. The required number ofSRA Applications and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with Section 4.08.0~1 D. * * * * * * * * * * * * * H. Development Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a development Document that shall consist of the information listed below, unless determined at the required pre-application conference to be unnecessary to describe the development strategy. * * * * * * * * * * * * * 2. The document shall identify, locate and quantify the full range of uses, including accessory uses that provide the mix of services to. and are supportive of, the residential population of an SRA or the RSLA District, and shall include, as applicable, the following: * * * * * * * * * * * \/ f Œ * k. Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in Section 4.08.0:§.1 J.; * * * * * * * * * * * * J. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in §§ 163.3177 (11), F.S. and Chapter 9J-5.006(5)(1), F.A.C.. The size and base density of each form ofSRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immoka1ee Area Master Plan or through the affordable housing density Bonus as referenced in the density Rating System of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through Stewardship Credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. * * * * * * * * * * * * * 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA District have been established in the Goals Objectives and Policies ofthe RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set forth in 2. through 6. below. a. SRA Characteristics Chart Collier County RLSA Overlay SRA Characteristics Chart Typical Characteristics Size (Gross Acres) Residential Units (DUs) per gross acre base densi Residential Housing Styles Town* Village Hamlet Compact Rural Development 1,000--4,000 100--1,000 acres 40--1 00 acres * * 100 Acres or Greater than 100 acres 1ess** Acres * * 1--4 DUs per 1--4 DUs per 1/2--2 DUs per 1/2--2 DUs per 1--4 DUs per gross acre*** gross acre*** gross acre*** gross acre*** gross acre*** Full range of single family and multi-family housing types, s 1es, lot sizes Diversity of single family and multi-family housing types, s 1es, lot sizes Single Family and limited multi-family Single family and limited multi- fami1y**** Single family and limited mu1ti- fami1y* * * * CID Maximum floor Retail & Office - Retail & Office - Retail & Office - Retail & Office - Retail & Office - I area ratio or .5 .5 .5 .5 .5 Intensity Civic/Govemme Civic/Govemme Civic/Govemme Civic/Govemme Civic/Govemme ntaVInstitution - ntallInstitution - nta1/Institution - ntallInstitution - nta1/Institution - .6 .6 Group .6 Group .6 Group .6 Group Manufacturing/L Housing - .45 Housing - .45 Housing - .45 Housing - .45 ight Industrial - Transient Transient Transient Transient .45 Group Lodging - 26 Lodging - 26 Lodging - 26 Lodging - 26 Housing - .45 upa net upa net upa net upa net Transient Lodging - 26 upa net Goods and Town Center Village center Convenience Convenience Village center Services with Community with Goods and Goods and with and Neighborhood Services: Services: Neighborhood Neighborhood Goods and Minimum 10 SF Minimum 10 SF Goods and Goods and Services in gross building gross building Services in Services in village centers: area per DU area per DU village centers: Town and Minimum 25 SF Minimum 25 SF village centers: gross building gross building Minimum 65 SF area per DU area per DU gross building area per DU; Corporate Office, Manufacturing and Light Industrial Water and Centralized or Centralized or Individual Well Individual Well Centralized or Wastewater decentralized decentralized and Septic and Septic decentralized community community System: System: community treatment system treatment system Centralized or Centralized or treatment system Interim Well and Interim Well and decentralized decentralized Interim Well and Septic Septic community community Septic treatment system treatment system /~- rt (~\ ~ f Recreation and Community Parks & Public Public Green Public Green Parks & Public Open Spaces Parks (200 Green Spaces Spaces for Spaces for Green Spaces SF/DU) Parks & with Neighborhoods Neighborhoods with Public Green Neighborhoods (Minimum 1 % (Minimum 1 % Neighborhoods Spaces with Active of gross acres) of gross acres) Active Neighborhoods Flecreation/Go1f Recreation/Golf Active Courses Lakes Courses Lakes Flecreation/Golf Open Space Open Space Courses Lakes Minimum 35% Minimum 35% Open Space ofSRA of SRA Minimum 35% of SRA Civic, Wide Range of Moderate Range Limited Services Limited Services Moderate Range Government and Services - of Services - Pre-K through Pre- K through of Services - Institutional minimum 15 minimum 10 Elementary Elementary minimum 10 Services SF /DU Full SF/DU; Full Schools Schools SF/DU; Full Range of Range of Range of Schools Schools Schools Transportation Auto - Auto - Auto - Auto - Auto - interconnected interconnected interconnected interconnected interconnected system of system of system of local system ofloca1 system of collector and collector and roads Pedestrian roads Pedestrian collector and local roads; local roads; Pathways Pathways local roads; required required Equestrian Equestrian required connection to connection to Trails Trails connection to collector or collector or collector or arterial arterial arterial Interconnected Interconnected Interconnected sidewalk and sidewalk and sidewalk and pathway system pathway system pathway system County Transit Equestrian Equestrian access Trails County Trails County Transit access Transit access * Towns are prohibited within the ACSC, per policy 1.7.1 of the Goals, Objeotives, and Po1ioies section 4.08.07 A.2. of this code. ** Villages, Hamlets, and Compact Rural developments within the ACSC are subject to location and size limitations, per policy 1.20 section 4.08.07 A.2. of this code, and are subject to Chapter 28-25, FAC. *** Density can be increased beyond the base density through the affordable housing density Bonus or through the density blending provision, per policy 4.7 **** Those CRDs that include single or multi-famil residential uses shall include proportionate II 0 (5) support services. Underlined uses are not required uses. * * * * * * * * * * * * * 8. Requests for Deviations from the LDC. The SRA development Document may provide for nonprocedural deviations from the LDC, provided that all of the following are satisfied: a. The deviations are consistent with the RLSA Overlay; b. The deviations further the RLSA District Regulations and are consistent with those specific Design Criteria from which Section 4.08.0~1 J.2. - 5. expressly prohibits deviation; and c. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and strategies based on principles of innovative planning and development strategies, as set forth in §§ 163.3177 (11), F.S. and Chapter 9J-5.006(5)(L), F.A.C. K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency of the proposed SRA with respect to these public facilities. Information provided within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 4.08.0~1 L. Impact assessments shall be prepared in the following infrastructure areas: * * * * * * * * * * * * * \ (J @ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC5: LDC/UDC SECTION: Section 5.02.03 C. LDC SUPPLEMENT #: Supplement 1 CHANGE: Re-inserting the language dealing with meeting and parking at a residence used for home occupation. REASON: The language was not included in the LDC recodification. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 11:01 a.m. This version was created on November 7, 2004 at Amend the LDC as follows: 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. ® /-~, ~ C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling: to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subiect address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. 1. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell WebbIKeith Scamehorn DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC5: LDC SECTION: Section 5.03.02 A.1.a. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Re-inserting fencing standards. REASON: These standards were not included in the LDC recodification performed in Cycle 1 of 2004. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC section 5.05.08 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 3:54 p.m. This version was created on November 1, 2004 at Amend the LDC as follows: 5.03.02 Fences and Walls A. All districts. 1. Whenever a property owner elects to erect a chain link fence pursuant to the provisions herein adjacent to an arterial or collector road in the urban coastal area, said fence shall not be located nearer than three (3) feet to the right-of-way or property line, and said fence shall be screened from view by planting a vegetative hedge a minimum of thirty (30) inches in height at planting spaced at a distance that will achieve an opacity rating of eighty (80) percent within one (1) year of ® (B) ,,,.-.. planting. An irrigation system shall be installed to ensure the continued viability of the vegetative hedge as a visual screen of the chain link fence. This regulation shall not apply to single-family homes. a. Structures subiect to section 5.05.08 Architectural & Site Desiqn Standards shall comply with the followinq additional fencinq standards: i. Chain link and wood fences are prohibited forward of the primary facade and must be a minimum of 100 feet from a public riqht-of- way. Chain link and wood fencinq facinq a public or private street shall be screened with an irriqated hedqe planted directly in front of the fence on the street side. Plant material shall be a minimum of three qallon in size and planted no more than three feet on center at time of installation. This plant material shall be maintained at no less than three-quarters of the heiqht of the adiacent fence (See Illustration 5.03.02 A.1.a. - 1 ). ii. Fences forward of the primary facade, excludinq chain link and wood are permitted under the followinq conditions: (a) Fences shall not exceed four feet in heiqht. (b) The fence provides either an open view at a minimum of 25 percent of its lenqth or provides variation in its heiqht for a minimum of 15 percent of its lenqth with a deviation of at least 12 inches. (c) The fence style must complement buildinq style throuqh material, color and desiqn. ® PROPER1Y LINE ~ ...J- - - - - - - - - - - - - - - - - - - - _ _ _ _ STRUCTURE -~ SITE DIAGRAM r tllPIrruD H [ FENCING STRUCTURES N.T.S. PREPARED BY, OFFICE OF GRAPHICs AND TeCHNICAL SUPPORT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE, 6/2004 FILE, LDC-2004-15DWG Illustration 5.03.02 A.1.a. - 1 @ - J POOPER1'I LINE 11 ® - LDC AmendmentReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC5:28 LDC SECTION: Section 5.05.02 A. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Re-inserting a portion of the provision that was not included during the LDC recodification. REASON: It is important because it's the only provision that states the criteria for MPP regulations apply to all "mu1tis1ip facilities with 1 0 or more slips." FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 11 :04 a.m. This version was created on November 30, 2004 at Amend the LDC as follows: 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi-slip docking facilities with ten slips or more, and all marina facilities. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC5 :28 LDC SECTION: Section 5.05.09 C. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding the effective date to this section. REASON: This was not done when Municipal Code published the LDC. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2: 10 p.m. This version was created on November 30, 2004 at Amend the LDC as follows: 5.05.09 Communications Towers * * * * * * * * * * * * * C. Migratory Birds and other Wildlife Considerations. 1. Ground Mounted towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant ® proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower. 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after the effective dœte of this Ordinance February 20.2004, greater then seventy- five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 4 J and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC5: LDC SECTION: section 5.06.07 - Enforcement (signs) LDC SUPPLEMENT #: N/ A - new language CHANGE: Re-inserting the enforcement provisions that were contained in Ordinance 91-102 REASON: The general enforcement and penalties provisions in 10.02.06 E. do not specifically address signs. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 3:24 p.m. This version was created on October 28, 2004 at Note that the enforcement and penalties provisions should all be located in one code section and, as they are not purely land development regulations, they should be placed in the Administrative Code. Once it is determined where in the Admin. Code the provisions should be placed, these, along with the provisions in 10.02.06 E., should be relocated accordingly. Amend the LDC as follows: 5.06.07 Enforcement A. General. No sian shall hereafter be erected. placed. altered or moved unless in conformity with this Code. All sians located within Collier County shall comply with the followina reauirements: 1. The issuance of a si uirements of this Code ® shall not permit the construction or maintenance of a sian or structure in violation of an existinq county. state or federal law or requlation. 2. All sians for which a permit is required shall be subject to inspections bv the County Manaqer or his desiqnee. The County Manaqer or his desiqnee is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are beinq adhered to. Such entrance shall be made durinq business hours. unless an emerqenCV exists. The County Manaqer or his desiqnee may order the removal of any sian that is not in compliance with the provisions of this Code. is improperlv maintained. or which would constitute a hazard to the public health. safety, and welfare. 3. The County Manaqer or his desiQnee shall be charqed with interpretation and enforcement of this Code. B. Enforcement procedures. Whenever. bv the provisions of this Code. the performance of an act is required or the performance of an act is prohibited. a failure to complv with such provisions shall constitute a violation of this Code. 1. The owner. tenant. and/or occupant of any land or structure. or part thereof. and an architect. builder. contractor aQent. or other person who knowinQlv participates in. assists. directs. creates or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and be subiect to the penalties and remedies provided herein. 2. Where any sian or part thereof violates this Code. the County Manaqer or his desiqnee may institute any appropriate action orproceedinqs to prevent. restrain. correct. or abate a violation of this Code. as provided bv law. includinq prosecution before the Collier County Code Enforcement Board aqainst the owner, aqent. lessee. or other persons maintaininq the sian. or owner. or lessee of the land where the sian is located. 3. If a sian is in such condition as to be in danqer of fallinq. or is a menace to the safety of persons or property. or found to be an immediate and serious danqer to the public because of its unsafe condition, the provisions of section 2301.6 of the Standard Buildinq Code, as adopted bv Collier County shall qovern. 4. Code enforcement shall immediatelv remove all violative sians located in or upon public riqhts-of-wav or public property. 5. Penalties. If any person. firm or corporation. whether public or private. or other entity fails or refuses to obey or complv with or violates any of the provisions of this Code, such person. firm. corporation, or other entity. upon conviction of such offense. shall be Quiltv of a misdemeanor and shall be punished bv a fine not to exceed $500.00 or bv imprisonment not to exceed 60 days in the county jail. or both. in the discretion of the court. Each violation or noncompliance shall be considered a separate and ® distinct offense. Further. each day of continued violation or noncompliance shall be considered as a separate offense. a. Nothinq herein contained shall prevent or restrict the county from takinq such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include. but shall not be limited to. an equitable action for injunctive relief or an action at law for damaqes. b. Further, nothinq in this section shall be construed to prohibit the county from prosecutinq any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. ch. 162. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC8:10-11 LDC SECTION: Section 8.06.03 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: recodification. Re-inserting provisions that were not included during the LDC REASON: It is necessary to identify exactly which land use petitions that the EAC is empowered to review. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 3:09 p.m. This version was created on November 30, 2004 at Amend the LDC as follows: 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: * * * * * * * * * * * * * O. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 ofthe LDC: all developments of regional impact (DRI): lands with special treatment (ST) or area of critical state concern/special @ ® treatment (ACSC/ST) zoning overlays: or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC. CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement. when the following considerations are met: 1) no protected species or wetland impacts are identified on the site: 2) an EIS waiver has been administratively granted: 3) ST zoning is present and an administrative approval has been granted: or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board. and that EIS is less than five years old (or if older than five years, has been updated within six months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition. that is or will be reviewed and permitted by South Florida Water Management District (SFWMD). are exempt from review by the EAC. @ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Kay Dese1em/Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC9: 11 and 10: 175 LDC SECTION: Sections 9.04.00 and new LDC section 10.09.00 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Reinserting some ofthe Variance procedures. REASON: These were not included in the LDC recodification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 4:05 p.m. This version was created on December 6, 2004 at Amend the LDC as follows: 9.04.00 VARIANCES 9.04.01 Generally A. Purpose. In specific cases, variance from the terms of the LDC may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the @ property and would otherwise deny the property owner a level of utilization of his /her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. B. Historic Places. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. C. For specific procedures associated with Variances, please see section 10.09.00 ofthe LDC. 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area, and size of structure; height of fence; size of yards and open spaces; dimensional aspects oflandscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for off-street parking facilities. A. Variances/or signs. The board of zoning appeals based upon the evidence given in public hearing; and the findings of the planning commission should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of this section 9.04.00 or where it can be demonstrated that a sign has significant historic or community significance, and pursuant to the criteria and procedures set forth in this section 9.04.00. In granting any variance, the board of zoning appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with this Code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code. 2. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. 9.04.03 Criteria for Variances Findings. Before any variance shall be recommended for approval to the board of zoning appeals, the planning commission shall consider and be guided by the following standards in making a determination: A. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. B. There are special conditions and circumstances which do not result from the ® © action of the applicant, such as pre-existing conditions relative to the property which is the subject of the variance request. C. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. D. The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. E. Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. F. Granting the variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. G. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. H. Granting the variance will be consistent with the GMP. 10.09.00 Variance Procedures A. Conditions and safeguards. In recommending approval of any variance. the planning commission may recommend appropriate conditions and safeguards in conformity with this zoning code including. but not limited to. reasonable time limits within which the action for which the variance is required shall be begun or completed. or both. In the case of after- the-fact variances. the planning commission may recommend. as a condition of approval. that in the case of the destruction of the encroaching structure. for any reason. to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction. any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards. when made a part of the terms under which the variance is granted. shall be deemed a violation of this zoning code. B. Recommendation of denial. If the planning commission recommends denial of a variance. it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 9.04.03 of this code. or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. J"'~~'::-' (p C. Status of planninf! commission report and recommendations. The report and recommendation of the planning commission required above shall be advisory only and shall not be binding upon the board of zoning appeals. D. Notice of board ofzoninf! appeals public hearing. Upon completion of the public hearing before the planning commission, the petition shall be heard by the board of zoning appeals. Notice of public hearing shall be given at least 15 days in advance of the public hearing before the board of zoning appeals. The owner of the property for which the variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. E. Board of zoning appeals public hearinf!s. The public hearing shall be held by the board of zoning appeals. Any party may appear in person by agent or attorney, or may submit written comments to the board of zoning appeals. F. Board ofzoning appeals action. Upon consideration of the planning commission's report, findings and recommendations, and upon consideration of the standards and guidelines set forth in section 9.04.03 ofthis code, the board of zoning appeals shall approve, by resolution, or deny a petition for a variance. G. Conditions and safef!uards. In granting any variance, the board of zoning appeals may prescribe appropriate conditions and safeguards in conformity with this zoning code, including, but not limited to, reasonable time limits within which action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the board may stipulate that in the case of destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. H. Limitations on power to grant variances. Under no circumstances shall the board of zoning appeals grant a variance to permit a use not permitted under the terms of this zoning code in the zoning district involved, or any use expressly or by implication prohibited, by the terms of these regulations in the said zoning district. 1. Variance application processing time. An application for a variance will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a variance will be considered "closed" when the petitioner withdraws the subiect application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the variance, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and ® /"""" ( r~',\ \~ an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the applicant of closure, however. failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subiect to the then current code. 1. Applicability. All applications for a variance whether submitted before or after June 26. 2003, shall comply with the processing time procedures set forth in section 1. above. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC10:10 LDC SECTION: Section 10.02.02 A.4. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: recodification. Re-inserting language that was not included during the LDC REASON: mitigation. It is imperative that the applicant set forth measures necessary for FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 3 :45 p.m. This version was created on November 30, 2004 at Amend the LDC as follows: 10.02.02 Submittal Requirements for All Applications * A. Environmental impact statements * * * * * * * * * * * * 4. Information required for application. * * * * * * * * * * * * ® @ * g. Listed species. 1. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. 11. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. 111. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. IV. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. v. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell WebblKim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC10: 11-12 LDC SECTION: Section 10.02.02 A. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Placing the language dealing with an ST or ACSC-ST Overlay in a separate lettered paragraph and adding a cross-reference to an exemption listed in 3.04.01 C.t. REASON: The language is more appropriately located as a separate paragraph as it discusses any parcel as opposed to only single-family or duplex uses. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC section 3.04.01 C. GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: 4:55 p.m. This version was created on November 24, 2004 at Amend the LDC as follows: 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements * * * * * * * * * * * * * 7. Exemptions. a. The EIS exemption shall not apply to any parcel with a ST or ACSC-ST ® overlay, unless otherwise exempted by section 4.02.14 H. oHhis Code. a:- b. Single-family or duplex uses. Also, §.S-ing1e-fami1y or duplex use on a single lot or parcel. Exemption shall not apply to any pareel '.vith a 8T or .^..C8C 8T overlay, unless otherv-.ise exempted by section 2.03.07 D. of this Code. &:- c. Agricultural uses. Agricultural uses that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of twenty-five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. e:- d. Non-sensitive areas. Any area or parcel ofland which is not, in the opinion of the County Manager or his designee, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning overlay: 1. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. 11. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most ofthe flora and fauna were removed prior to the passage of this Code. 111. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. IV. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. v. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and ® ® fauna elements of the property. 4,. e. All lands lying within all incorporated municipalities in Collier County. &: f:. All NBMO Receiving Lands. g. Sing1e-fami1v lots in accordance with section 3.04.01 C.t. ® LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC10:82-84 and 10:123-125 LDC SECTION: Section 10.02.06 B.1. and 10.02.12 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Deleting section 10.02.12. REASON: With one minor exception, the language of 10.02.06 R1. is repeated in 10.02.12. The provisions in question pertain to building or land alteration permits, so they should be located only in the permit section of the code (10.02.06). FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:21 p.m. This version was created on December 1, 2004 at All cross-references in the Code to 10.02.12 will need to be revised. Further, any references to those sections following 10.02.12 (i. e. - 10.02.13 and 10.02.14) will need to be revised as these section numbers will change upon removal of the now 10.02.12. Amend the LDC as follows: 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 ofF.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DR! shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code 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 DR! 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 growth management plan, or (2) if issuance of said development order of [ or] building permit is inconsistent with the growth management plan. Anything in this division 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 growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to ® applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. Ifthere is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of ® ~ occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. 1. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. 11. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. AdeQuate DubUc facilities reQuired. No buildin2 or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 ofthis Code) and Rule 9J-5.0055. F.A.C. 4- e. Improvement of property prohibited prior to issuance ofbui1ding permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 10. 1. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). &:- £. Zoning and land use approval required prior to or simultaneously with ® issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, 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. 1. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to 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 Land Development Code, 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 Land Development Code. 11. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. 111. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit or final development order authorizing site clearing or site improvements shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approval may or may not include, but are not limited to: 10.02.12 Building or Land Alteration Permits ^ ..L.L.. Building or land alteration permit and ccrtificate of occupancy comp!ial'lcc proccss. 1. Zoning action on building or /-and alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land altC£ati8R P®"è èy iRe COI®Y èRilèiR~ .ade or this - 2. Code are in aocord with the requirements of this Code, and no huilding or ,la-nd altention permit shall be issued without written approval that plans submItted conform to applicable zoning regulations, and other 1a~d dew:el~pment , regulations. For purposes of this section a land alteration permIt ~hall mean an) written authorization to alter land and for whiøh a bui~ding permIt m~y not be . ,. d Examples include but are not limited to cleanng and exeavatlOn permIts, requue . . 'è èl f site development plan approvals, agricultural clea-nng permIts, an as mg ·t No huilding or structure shall be erected, moved, added to, altered, permI s. . è ·tà t utilized or allowed to exist and/or no land alteration. shall, be per~Il1tte WI ou first obtaining the authorization of the required pe~It(s), mspe~tlO.ns and , certificate( s) of oocupancy as required by the ~olher ~o~ty buIlding eod~, or th~s C d d no huilding or land alteration permIt apphcatlOn shall be appro. ed b) o e an . èè'. t the County Manager or his designee for the ereetion, ~ovmg, a . ItlOn, 0, or alteration of any building, structure, or hmd except m conformIty wIth the ". 'ons of this Code unless he shall recoive a written order from the board of pro. ISI . f h . t f ' l3pea1s in the f-orm of an administrative reVIew 0 t e mterpre a lOn, or zomng a h n· 'tt èef tfsæ variances as provided by this Code, or unless he s a receIve a V.TI en or a court or tribunal of competent jurisdiction. 4 'Plicatien +:Or building 81' komd alteration pcrmit. .\ll app1ioations fo~ buildi~g ~~land alte;ation permits shall, in addition to oontaining the infonnatlO.n reqUIred by the huilding official, be accompanied by all required plans and dmwmg~ cka'.':n to soa1e, shm,ving the actual shape and dimensions of the.lo.t to ?e bUIlt . the sizes and locations on the lot of buildings already eXIstmg, If any; the upon, .. 1.. t è It ed Sf . d location on the lot ofthe building or buIlEbngs to uS ereo e , a er SIze an '1..1' ft th P. allov..ed to exist; the existing use of each building or hUI uIBgS or pa s ~reo, the number of families the building is designed to accom:nodate; the 10catlO~ aÐd number of required off street parking and off street loadl~g spaces~ appr~xIma-te location of trees proteoted by oounty regulations; changes m grade, mcludmg details of berms; and suoh other information '.vith regard to the løt ~nd existing/proposed structures as provided for the enforoement of tills Land , development Code. In the case of application for a building or l~nd alteration permit on property adjacent to the Gulf of Mexico, a survey, certIfied by a land sur¡eyor or an engineer licensed in the State ofF1.orida, a~d not older t?an 30 days shall be submitted. Ifthere is a storm (}'.'ent or actIve ~~slOn on a specI~c parcel of land f-or which a building or land alteratiøn permIt IS request,ed, whIch the County Manager or his designee determines may effect the de~slty ,~r other use relationship of the property, a more recent survey may be reqUIred.. . /he:e , ov:nership or property lines are in doubt, the County Manager or hIs d~sIgnee mal require the submission of a survey, certified by a 1a:nd su:veyor or engmeer licensed in the State of Florida. Property stakes shall be m place at the oommencement of oonstruction. Construction e.nd usc to BC as pro"',)idcd in applications; status ofpcrmi: issued in error. Building or 1a-nd alteratiøn permits or certifioates of occupancy lSs~ed on the basis of plans and specifications a~ Couffiy @ or ¡,,, 3. designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or oonstruction. Building use arrangement, or construotion different from that authorized shall be deemed a violation of this Land Development Code. a. Statements made by the applieant on the Building or land alteration permit application shall be deemed official statements. f~pproval of the app1ioation by the County Manager or his designee shall, in no way, eKempt the applieant from striot observance of applicable pro','isions of this Land De'lelopment Code and all other app1ioab1e regH1ations, ordinances, codes, and 1o.'.....'s. b. .^~ Building or land alteration permit issued in error shall not confer any rights or pri'.'ileges to the applieant to proceed to or continue v.'ith construction, and the county shall ha'/e the power to revoke such permit until said error is oorrected. 1\. AdequBte puhlie fåci!ities r<:quired. No building or land alteration permit or certificate of occupancy shall be issued eKcept in accordanoe with the Collier County .^..dequate Public Facilities Ordinance, Ord. No. 90 21 (ohapters 3,6 and 10 of this Code) and Rule 9J 5.0055, F..^...C. 5. Il'1'lprfF,:eme-nt of property pmhibited prior to issuBncc of building permit. No site '.'lode, removal of protected vegetation, grading, impro'/ement of property or construction of any type may be oommenced prior to the issuanoe of a Baild.ing permit where the developmeøt proposed requires a Building permit under tms Land De','elopment Code or other applicable oounty regulations. Exoeptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to pro','ide for distribution of fill exoavated on site or to permit construotion of an approved ':later management system, to minimize stockpiles and hauling off site or to protect the public health, safety and welfare where olearing, grading and filling plans have been submitted and approved meeting the warrants of section 1.06.01 of this Code; removal of exøtie 'legetatiøn shall be exempted upon receipt of a '.'egetation removal permit for exotics pursuant to Chapter 3 and this Chapter 10. a. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 6. Zoning and kmd use approval required prior to or simultane01;lsly ','.'ith iss1;Ianee of building or land alteration permit or oceblJ3aney of !-and and space. A zoning certificate, attesting to compliance vlith all aspects of the zoning pro'lÏsions of the Land develøpmeøt Code, shall be required prior to obtaining a buildiøg or land alteration permit or to oocupying any space of land or buildings or for the ® oonooet of a business in all zoning districts. Tne follov:ing zoning certifioate re':iew procedure sh.all pro'lÏde for the issaailoe of a zoning oertifioate. a. For the purposes of determining comp1ianoe witn the zoning provisions of the Land DevelopmeRt Code, an approval of a site developmeRt plaR pursuant to section 10.02.03 herein, authorizes the issuanoe of a zoning certifioate. Said zoning certificate shall oonstitute a statement of oompliance with all app1ioab1e provisions of the Land DevelopmeRt Code, including the uses of the buildiøg spaoe upon which app1ioable off street parking and loading requirements were based, hov:eyer, issuanoe of a zoning certifioate shall not exempt any person from full oomp1iance with any app1ioab1e proyision of the Land De','elopmeøt Code. b. In subdivided buildiRgS each space for v¡hich a use is proposed requires a zoning oertificate f{)r that partiou1ar space, independent of any approval conferred upon the buildiRg and the land pursuant to section 10.02.03 and of a zoning oertifieate issued for the buildiRg and the land, shall be required. c. A zoning oertificate shall be required for any use of land or buildiRgS 100ated in residential zoning districts, which involve the conduet of a oommeroia1 or other nonresidentially allowed uses of land or buildiøgs. ® APPENDIX H - LDC/UDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LOC in effect prior to the October 18, 2004, effective date, and the LOC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LOC prior to the October 18, 2004, effective date. The LOC has been revised into a Chapter format as of the October 18, 2004 date. The contents of this Appendix are as follows: Article 1 - General Provisions Article 2 - Zoning Article 3 - Development Requirements Article 4 - Impact Fees Article 5 - Decision-Making and Administrative Bodies Article 6 - Definitions @ ARTICLE 1 - GENERAL PROVISIONS LDC LDC LDC Sub- UDC UDC Section Other Notes Division Section section Chapter 1.1 Chapter 1 1.01.00 - Title 1.2. Chapter 1 1.02.00 - Authority 1.3. Chapter 1 1.05.00 - Findings, Purpose and Intent 1.4. Chapter 1 1.05.00 - Findings, Purpose and Intent 1.5. Chapter 1 1.04.01 - Generally 1.5.1. Chapter 1 1.04.05 - Relationship to GMP 1.5.2. Chapter 1 1.04.03 - Exceptions 1.5.3. Chapter 1 1.04.02 - Applicability to... 1.5.4. Chapter 1 1.04.02 - Applicability to... 1.5.5. Relocated to Code of Laws &Ord.. 1.5.6. Chapter 1 1.04.01 - Generally 1.5.7. Relocated to Code of Laws &Ord.. 1.6. Revised in Supp. 17 (Ord. 03-55) 1.6.1. Chapter 1 1.06.01 - Responsibility for... §§1.6.2. - 10.02.02 - 1.6.6. Submittal Requirements for All Applications 2® ® 1.6.7. Chapter 1 1.06.02 - Rules for Interpretations. . . 1.6.8. Chapter 1 1.06.03 - Interpretations Not... 1.6.9. Chapter 1 1.06.02 - Rules for Interpretations.. . 1.6.10. Chapter 1 1.06.40 - Continuity of Zoning 1.7. Chapter 9 9.02.00 - This Division Development is no longer with Vested legally Rights- effective and [Reserved] therefore is not being carried forward, but the section is reserved for future amendment 1.8. Chapter 9 9.03.00 - § 1.8.2. was Nonconformities revised in Supp. 16 (Ord.03-27) and Supp. 17 (Ord. 03-55) 1.9. Chapter 8 8.08.00 - Code Enforcement Board 1.10. Fees This Division relocated to the County Administrative Code 1.11.-1.17. These "Reserved" divisions were not required for inclusion in the UDC ^ @ ® 1.18. Chapter 1 1.07.00 - Laws Revised in Adopted by Supp. 16 Reference (Ord. 03-27) 1.19. Chapter 10 10.02.08 - 11 1.20. & These 1.21. Divisions are replaced by Section Five in the 2004 adopting Ordinance. 1.22. This Division is replaced by Section Four in the 2004 adopting Ordinance. 1.23 This Division is replaced by Section Seven in the 2004 adopting Ordinance. 1- @J ® ARTICLE 2- ZONING LDC LDC LDC Sub- UDC UDC Section Other Notes Division Section section Chapter 2.1. - 2.1.1. This section General is not needed and is not included in the UDC. 2.1.2. Chapter 2 2.01.01 - Purpose 2.1.3. This section is not needed and is not included in the UDC. ss. 2.1.4. - Chapter 2 2.02.01 - 2.1.7. Establishment of Official Zoninq Atlas ss. 2.1.8. Chapter 2 2.02.01 - & 2.1.9. Official Zoning Atlas ss.2.1.10. Chapter 1 1.04.01 - - 2.1.12. Generally 2.1.13. Chapter 1 1.04.04 C Reduction 2.1.14. Chapter 2 2.02.02 - District.. . 2.1.15. Chapter 2 2.02.03 - Prohibited Uses 2.1.16. Chapter 2 2.02.02 - District. . . 2.1.17. Chapter 1 1.04.02 - Applicability.. . 2.1.18. Chapter 1 1.04.02. 0.... Oiv.2.2. 2.2.1. Chapter 2 2.03.05. & 2.04.03 - Table of Uses 2.2.2. Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 16 Districts (Ord. 03-27) & Supp. 18 (Ord. 04-08) ® ~ 2.2.2 % Chapter 2 2.03.08 - New zoning Eastern Lands/ district Rural Fringe Zoning Districts ss. 2.2.3. - Chapter 2 2.03.01 - Revised in 2.2.10. Residential Supp. 16 Zoning Districts (Ord. 03-27) and in Supp. 18 (Ord. 04- 08) 2.2.11. Chapter 2 2.03.02. F- TTRVC District 2.2.11.4.13. Chapter 4 4.06.06 - Special Buffer Requirements.. . ss. 2.2.12. Chapter 2 2.03.02 - Revised in - 2.2.15 % Commercial Supp. 18 Zoning Districts (Ord. 04-08) ss. 2.2.16 Chapter 2 2.03.03 - Sec. 2.2.16. & 2.2.16 % Industrial revised in Zoning Districts Supp. 17 (Ord. 03-55) and in Supp. 18 (Ord. 04- 08) 2.2.17. Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 18 Districts (Ord.04-08) ss. 2.2.18. Chapter 2 2.03.04 - Civic Revised in & 2.2.19. and Institutional Supp. 18 Zoning (Ord. 04-08) Sub-section Chapter 4 2.2.18.4.6. 4.05.05 - Parking Variation in the P District 2.2.20. Chapter 2 2.03.06 - PUD Revised in Districts Supp 18 (Ord. 04-08) ss.2.2.21. Chapter 2 2.03.07 - § 2.2.27. - 2.2.28. Overlay Zoning created by Districts Supp. 16 2.2.27. in (Ord. 03-27), Chapter 4 revised in 4.08.00 Supp. 18 (Ord. 04-08) 'S3® 2.2.29 2.2.29.1. - Chapter 2 2.03.07 G.6. I 2. 2.2.29.3. - Chapter 10 10.02.05 F. Section 4. and created in 2.2.29.5. Cycle 2,2004 (2) and (6) after the LDC recodification. 2.2.29.5. Chapter 4 4.02.33 (1), (3), (4) and (5) ss. 2.2.30. NRPA-2.03.08 Revised in (NRPA) & C' Supp. 18 , 2.2.31. NBMO - (Ord. 04-08) (NBMO) 2.03.08 D ss. 2.2.32. Chapter 2 2.03.07 - §§ 2.2.32.& - 2.2.35. Overlay. . . 2.2.33. revised in Supp. 16 (Ord. 03-27) §§ 2.2.33. & 2.2.34. revised in Supp. 17 (Ord. 03-55) 2.2.37. This section has expired and is no longer needed or included in the UDC. 2.2.38. . New district Revised in § 2.03.07 Supp. 18 (Ord.04-08) 2.3. 2.3.1. This section is not needed and is therefore not included in the UDC. ss. 2.3.2. Chapter 4 4.05.01 - & 2.3.3. Generally ss. 2.3.4. - Chapter 4 4.05.04 - Sec. 2.3.5. 2.3.12. Parking Space revised in Requirements Supp. 18 I f{ @ éB) (Ord. 04-08) 2.3.13. Chapter 1 1.04.04 C ss. 2.3.14. These were & 2.3.15. reserved sections and are not included in the UDC. 2.3.16. Chapter 4 4.05.09 - Revised in Stacking Lane Supp. 16 Requirements (Ord. 03-27) 2.3.16.1. Chapter 4 4.05.08 Bicycle Parkinq.. . ss.2.3.17. Chapter 4 4.05.06 - § 2.3.19. - 2.3.21. Loading Space revised in Requirements Supp. 16 (Ord. 03-27). § 2.3.21. revised in Supp. 18 (Ord. 04-08) 2.3.22. Chapter 4 4.05.07 - Handicapped Parkinq.. . ss. 2.3.23. These were & 2.3.24. reserved sections and are not included in the UDC. 2.4. 2.4.1. This section is not needed and is therefore not included in the UDC. 2.4.2. Chapter 4 4.06.01 - Generally 2.4.3. Note: 55. Chapter 10 Administrative § 2.4.3.6. 2.4.3.4. - procedures revised in 2.4.3.7. in Chapter. Supp. 16 Chapter 4 (Ord. 03-27) (4.06.05) § 2.4.3. revised in Supp. 17 t ® (Ord. 03-55) I 2.4.4. Chapter 4 4.06.05 - §. 2.4.4. General revised in Landscape Supp. 17 Requirements (Ord. 03-55) 2.4.4.14. Chapter 4 4.06.04 D. Sub-section Chapter 4 4.06.01 - 2.4.4.16. Generally 2.4.5. Chapter 4 4.06.03 - § 2.4.5. Landscaping revised in Requirements Supp. 17 for Vehicular... (Ord. 03-55) 2.4.6. Chapter 4 4.06.05 - § 2.4.6.5. General revised in Landscape Supp. 16 Requirements (Ord. 03-27) §§ 2.4.6.6. & 2.4.6.7. revised in Supp. 17 (Ord. 03-55) 2.4.7. Chapter 4 4.06.01 - §§ 2.4.7.2., Generally and 2.4.7.3. & 4.06.02 - Buffer 2.4.7.5. Requirements revised in Supp 17 (Ord. 03-55). §§ 2.4.7.2. and 2.4.7.5. revised in Supp. 18 (Ord. 04-08) 2.5. 2.5.1. This section is not needed and is not included in the UDC. ss. 2.5.2. - Chapter 5 5.06.01 - § 2.5.5. 2.5.4. Generally revised in Supp. 17 (Ord. 03-55) and in SUDD. ~~ ® 18 (Ord. 04- 08) 2.5.5 Chapter 5 5.06.04 Permitted ss. 2.5.6. § 2.5.7. Chapter 5 5.06.03 - §§ 2.5.6.22. & & 2.5.7. revised in Prohibited 2.5.7.30. Supp. 17 Signs revised in (Ord. 03- Supp. 16 55) (Ord. 03-27) 2.5.8. Chapter 5 5.06.04 ss. 2.5.9. Chapter 9 9.03.00 - & 2.5.10. Nonconformities 2.5.11. Chapter 9 9.04.00 - Variances s 2.5.12. & Chapter 10 10.02.06 - 2.5.13. Submittal Requirements for Permits 2.6. 2.6.1. Chapter 4 4.04.01 - Generally 2.6.2. Chapter 4 4.02.03 - Specific Standards ... ss. 2.6.3. - Chapter 4 4.02.01 - § 2.6.4. 2.6.4. Dimensional revised in Standards for Supp. 16 Principal Uses (Ord. 03-27); in Base Zoning § 2.6.3. Districts revised in Supp. 18 (Ord. 04-08) 2.6.2.4. Chapter 5 5.03.01 - Canopy Tents 2.6.4.3. Chapter 9 9.04.00 - Variances 2.6.4.4. Chapter 4 4.02.01 - Dimensional St. ss 2.6.5. & Chapter 4 4.04.01 - 2.6.6. Generally 2.6.7. 2.6.7.1. Chapter 2 2.01.00 A 2.6.7.2. Chapter 2 2.01.00 B 2.6.7.3. Chapter 2 2.01.00 C 2.6.7.4. Chapter 2 2.03.07 L 2.6.8. Chapter 1 1.04.01 - Generallv ~® ® 2.6.9. Chapter 2 2.01.03 - I Essential Services & 2.04.03 - Table of Uses 2.6.10. Chapter 5 5.05.01 - Businesses.. . 2.6.11. Chapter 5 5.03.02 - Fences & Walls 2.6.12. Chapter 2 2.01.00 E 2.6.13. Chapter 2 2.01.02 2.6.14. Chapter 2 2.04.00 - Permissible, Accessory , Chapter 4 4.02.01 - (CONT'D.) Dimensional Standards & Chapter 5 5.03.03 - Guesthouses 2.6.15. Chapter 5 5.03.04 - Revised in Dumpsters Supp. 16 (Ord. 03-27) 2.6.16. Chapter 5 5.03.05 - Caretaker ... 2.6.17. Chapter 2 2.01.00 F 2.6.18. Chapter 2 2.01.00 G 2.6.19. Chapter 10 10.02.06 A 2.6.20. Chapter 5 5.02.00 - Home Occupations 2.6.21. Chapter 5 5.03.06 - Dock Revised in Facilities Supp.18 (Ord. 04-08) 2.6.21.2.7. Chapter 3 3.05.00 - Veqetation. . . 2.6.22. Chapter 5 5.05.02 - Marinas 2.6.23. Chapter 2 2.03.01 J 2.6.24. Chapter 5 5.04.02 - Interim... 2.6.25. Chapters 2 2.04.00 . ~ ® (I~) and 5 5.05.03 2.6.26. Chapter 5 5.05.04 - Group Housing 2.6.27. Chapter 4 4.02.02 - Dimensional Standards 2.6.28. Chapter 5 5.05.05 - Automobile. . . Chapter 9 9.04.07 - 2.6.28.4. Specific Reqts. 2.6.29. Chapter 5 5.05.06 - Private Airports 2.6.30. Chapter 4 4.07.06 2.6.31. Relocated to Code of Laws &Ord. 2.6.32. Chapter 4 4.02.01 - Dimensional Standards 2.6.33. Throughout Temporary Use Chapter 5 - Process in see below 10.02.06 G Sub-section Chapter 5 5.03.05 - Revised in 2.6.33.3. Caretaker. .. & Supplement 5.04.03 - 16 (Ord. 03- Temporary 27) Uses. .. Sub-section Chapter 5 5.04.04 - Model 2.6.33.4. Homes... Sub- Chapter 5 5.04.05 - sections Temporary 2.6.33.6. - Events 2.6.33.9. Sub-section Chapter 5 5.06.06 - Sign Added in 2.6.33.10. Standards for Supplement Specific 18 (Ordinance Situations 04-08) 2.6.34. Chapter 5 5.04.06 - (see Annual Beach alsoAppx. Events Permit G 2.6.35. Chapter 5 5.05.09 - Revised in Communication Supp. 18 ~ @ (ß) Towers (Ord. 04-08) I 2.6.36. Chapter 5 5.05.07 - Townhouse... 2.6.37. Chapter 4 4.01.02 - Revised in Kitchens in Supp. 18 Dwelling Units (Ord. 04-08) 2.6.39. Chapter 2 2.03.07 - Added in TDRs Overlay Zoning Supp. 18 Districts (Ord. 04-08). 2.6.40. Chapter 2 2.05.02 - Added in Density Density Supp. 18 Blending Blending (Ord. 04-08) 2.7. Portions revised in Supp.16 (Ord. 03-27) 2.7.1. This section is not needed and is not included in the UDC. 2.7.2. 2.7.2.1. & Chapter 10 10.02.08 - Revised in 2.7.2.2. Submittal Supp.17 (Ord. Requirements.. . 03-55) 2.7.2.3. - Chapter 10 10.03.05 - Revised in 2.7.2.16. Notice Supp.17 (Ord. Requirements.. . 03-55) 2.7.3. Chapter 10 10.02.13 - PUD Revised in Procedures Supp. 17 (Ord. 03-55) and § 2.7.3.5. revised in Supp. 18 (Ord. 04-08) 2.7.4. Chapter 10 10.08.00 - Sec. 2.7.4.9. Conditional Use revised in Procedures Supplement 18 (Ordinance 04-08) 2.7.5. Chapter 9 9.04.00 - Variances 2.7.6. Chapter 10 10.02.06 - Submittal.. . 2.7.7. Chapter 2 2.06.00 - AHDB Revised in Supp.17 (Ord. I ~ (B) 03-55) 2.8. Chapter 5 All in Portions of § 5.05.08 - Div. 2.8. were Architectural carried over Standards, into Div. 2.4. EXCEPT by Supp. 17 2.8.3.3.2. 4.06.02 C (Ord. 03-55) - 1M- @ ARTICLE 3- DEVELOPMENT REQUIREMENTS LDC Division LDC LDC Sub- UDC Chapter UDC Section Other Notes Section section 3.1. General 3.1.1. None This section Overview was not required or included in the UDC 3.1.2. Fees None This section was not required or included in the UDC 3.2. 3.2.1. Title None This section Subdivisions and Citation was not required or included in the UDC 3.2.2. Chapter 4 4.03.01 Purpose 3.2.3. Chapter 1 1.04.01 Revised in Applicability Supp. 18 (r i. 04-08) 3.2.4. Chapter 1 & 1.04.03 - Exemptions Exceptions Chapter 10 10.02.02 B 3.2.4.10. 10.02.02 B 10. 3.2.4.10. was 1.to 4., not required or Rural Area included in the Subdivisio UDC n 3.2.4.11. 10.02.02B11. 3.2.4.11. was 1.to 4., not required or Chokolosk included in the ee Island UDC Subdivisio n 3.2.5. 3.2.5.1. Chapter 1 1.04.01 General Requirement s 3.2.5.2. Chapter 1 1.04.01 3.2.5.3. Chapter 4 4.03.02 3.2.5.4. Chapter 10 10.02.06 A.2. - [t)\ ® 3.2.6. Sub- Chapter 10 Revised in division Supp. 18 (Ord. review proes 04-08) 3.2.6.1. 10.02.01 A. 3.2.6.2. 10.02.04 A. 3.2.6.3. 10.02.05 A. 3.2.6.4. 10.02.05 B. 3.2.6.5. 10.02.05 C. 3.2.7. Chapter 10 10.02.04 - Revised/made Preliminary Submittal optional in subdivision Requirements Supp. 18 (Ord. plat for Plats 04-08) 3.2.8. 4.03.02, Revised in Improvement 4.04.01, Supp. 16 (Ord. Plans 4.06.00 03-27) & 6.03.00 & Supp. 18 6.04.00 (Ord.04-08) 3.2.8.1. - Chapter 10 10.02.05- 3.2.8.2. 3.2.8.3.1. Chapter 10 10.02.05 - & 3.2.8.3.2. 3.2.8.3.4. Chapter 4 4.06.01 3.2.8.3.5. Chapter 10 10.02.05 3.2.8.3.6. Chapter 4 4.06.04 3.2.8.3.7. - Chapter 10 10.02.05 3.2.8.3.10. 3.2.8.3.11. Chapter 10 10.02.05 & 3.2.8.3.12. 3.2.8.3.13. Chapter 4 4.06.01 3.2.8.3.14. Chapter 2 2.01.04 3.2.8.3.15. Chapter 10 10.02.05 & 3.2.8.3.16. 3.2.8.3.17. Chapter 6 6.06.02 3.2.8.3.18. Chapter 10 & 10.02.05 E.3(n) and Chapter 4 4.06.01 C 3.2.8.3.19. Chapter 10 10.02.05 E.3 and 21 3.2.8.3.20 Chapter 6 6.06.03 & and 22. 6.06.05 3.2.8.3.23. Chapter 6 6.01.00 - ~ @.""''' ß" 3.2.8.3.24. Chapter 6 6.01.01 A 3.2.8.3.25. Chapter 6 6.04.01 - 3.2.8.3.26. Chapter 6 6.05.01 3.2.8.4. 3.2.8.4.1. - Chapter 6 6.05.02 Relocated into 13., Construction except Stds. Manual, 3.2.8.4.11. except as noted. 3.2.8.4.14. Chapter 6 6.06.02 D. NOTE:3.2.8.4. 14. revised in Supp. 16 (03- 27). 3.2.8.4.15. Chapter 6 6.01.03 3.2.8.4.16.; Construction Streets Standards Manual Revised in Supp. 17 (03- 55). 3.2.8.4.17. Chapters 6 6.06.03 - Streetlights & and 10 10.02.12 A 3.2.8.4.18. Chapter 10 10.02.05 E.3.(r) 3.2.8.4.19. Chapter 6 6.01.01 3.2.8.4.20. None Construction - Standards 3.2.8.4.22.; Manual except 3.2.8.4.22, Chapter 10 10.02.05 E.4 paragraph 11 3.2.8.4.23. Chapter 6 6.04.01 3.2.8.4.24. Chapter 6 6.04.02 3.2.8.4.25. Chapter 4 4.06.05 E.3 3.2.8.4.26. Chapter 4 4.06.05 E.4 3.2.9. Final Chapter 10 10.02.04 Revised in subdivision Supp. 18 (Ord. plat 04-08) 3.3. Chapter 10 Revised in Site Supps. 16 Development 10.02.03 - (Ords. 03-27), Plans Submittal Supp. 17 (03- Requirements 55), and 18 for SOP's (04-08) - ~ ® 3.3.1. This section not required or included in the UDC 3.4. Relocated to Explosives Code of Laws & Ord.; Ch 55, Art I., ss. 55-1 - 55- 18 3.5. 3.5.1. - 15.; Relocated to Excavation Code of Laws & Ord.; ss. 22-10E except -22-119 3.5.11.; Chapter 3 3.05.10 NOTE: Revised Littoral Shelf in Supp. 16 Planting (Ord.03-27) Area and Supp. 18 (Ord.04-08) 3.6. Relocated to Well Code of Laws & Construction Ord.; ss. 90-1 - 90-8. 3.7. 3.7.1. This section Soil Erosion was not Control required or included in the UDC 3.7.2. This section was not required or included in the UDC 3.7.3. Chapter 10 10.02.02 3.8. Environ- Revised in mental Impact Supp. 18 (Ord. Statements 04-08) 3.8.1. This section was not required or included in the UDC 3.8.2. - Chapter 10 10.02.02 3.8.11. \PA ® 3.9. - Revised in Vegetation Supp. 18 (Ord. Removal 04-08 ) 3.9.1. This section was not required or included in the UDC 3.9.2. Chapter 3 3.05.02 Exemptions 3.9.3. Chapter 3 3.05.02 Exemptions 3.9.4. -3.9.7 Chapter 3 3.05.07 Div. 3.9 Sectior Preservation numbering was Standards greatly revised in Cycle 3, 200: 3.9.5. (prior Chapter 3 3.05.04 - Revised in to Cycle 3, Vegetation Supp. 16 (Ord. 2003, then removal. . . 03-27) re-numbered thru 3.05.07 to 3.9.8. 3.9.5.5. 3.05.07 (3.9.4. after Cycle 3, 2003) 3.9.8. 3.9.8.1. Chapter 3 03.05.04 3.9.8.2. Chapter 3 03.05.05 3.9.8.3. Chapter 3 03.05.06 3.9.8.4. This section was not required or included in the UDC 3.9.9. Chapter 3 3.05.08 - Requirement for Removal. .. 3.9.10. Chapter 10 10.02.06 C - (3.9.6. prior Submittal to Cycle 3, Requirements 2003) for Permits 3.9.10.2. Chapter 10 10.02.06 D ® ìJN 3.9.11.; ss. 3.9.12. Chapter 10 10.02.06 E - numbered & 13, were Submittal ss. 3.9.6.8. created in Requirements and 3.9.6.9. Cycle 3 & for Permits prior to 3rd are in Cycle, 2003. Ch.10 3.10. 3.10.1. This section Sea Turtle was not Protection required or included in the UDC 3.10.2. - Chapter 3 3.04.02 - 3.10.5. Species... 3.10.6. Chapter 3 3.04.02 B.6 3.10.7. Chapter 3 3.04.02 3.10.8. This section (reserved) was not required or included in the UDC 3.10.9. Chapter 10 10.02.06. C 3.10.10. This section was not required or included in the UDC 3.11. Chapter 3 3.04.00 - Revised in Endangered, Protection of Supp. 18 (Ord. Threatened Endangered, 04-08 ) or. .. Threatened. . . 3.11.3.2. & Deleted in CyclE 3.11.3.3. 3,2003 3.11.3.4. Chapter 3 3.04.02 - Species Specific.. . 3.12. 3.12.1.& These sections Coastal Zone 3.12.4. were not Management required or included in the UDC 3.12.2. Chapter 3 3.03.01 - Purpose 3.12.3. Chapter 3 3.03.02 - Applicability ~ (@ ® 3.12.5. Chapter 3 3.03.02 - - Applicability 3.12.5.1. Chapter 10 Cross- Revised in referenced in Supp. 18 (Ord. 3.03.04 04-08 ) 3.12.5.2. Chapter 10 Revised in Supp. 18 (Ord. 04-08) 3.12.5.3. Chapter 3 3.03.05 - Sea Level Rise 3.12.5.4. Chapter 3 3.03.06 - Native Vegetation. . . 3.12.6. Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3.12.8. Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3.12.7. & These sec~' 1S 3.12.9. were not required or included in the UDC 3.13. 3.13.1 This section Coastal was not Construction required or Setback included in the UDC. 3.13.2. - Chapter 9 9.04.06 - Variances and 3.13.7. Specific Administrative Requirements procedures for Variance chapter 3.13.8 & Chapter 10 10.02.06 A - 3.13.8. revised 3.13.9 Submittal in Supp. 18 Requirements (Ord. 04-13) for Permits 3.14. Vehicle Chapter 10 10.02.06 I. Revised in on the Beach Supp. 16 (Ord. Regulations 03-27) l4l @ 3.15. Revised in Adequate Supp. 18 (Ord. Public 04-08) Facilities 3.15.1. This section was not required or included in the UDC 3.15.2. Chapter 6 6.02.01 3.15.3. Chapter 6 6.02.01 D 3.15.4.; This section reserved was not included in the UDC 3.15.5 & Chapter 6 6.02.01 - 3.15.6. Generally & 6.02.02 - Manaqement . 3.15.7. Chapter 10 10.02.07 3.16 3.16.1 3.16.1.1. - These sub- Groundwater 3.16.1.3. sections were Protection not required or included in the UDC 3.16.1.4. & Chapter 3 3.06.01 - 3.16.1.5. Purpose and Intent 3.16.2. 3.16.2.1. & Chapter 3 3.06.01 - 3.16.2.1.1. Purpose and Intent 3.16.2.1.2. Chapter 3 Throughout Ch.3 3.16.2.1.3. Chapter 3 3.06.04 - Groundwater Protection 3.16.2.2. & Chapter 3 3.06.05 - 3.16.2.3. Annual Review of Zones 3.16.2.4. Chapter 3 3.06.06 - 3.06.08 ~ ® ,- 3.16.2.5. Chapter 3 3.06.09 - - Protection of Future Wellfields 3.16.2.6. Chapter 3 3.06. 1 0 - Effects of. . . 3.16.3. Chapter 3 3.06.11 - Exempted Development 3.16.4. Chapter 3 3.06.12 - Regulated Development 3.16.5. Chapter 3 3.06.13 - Countywide Groundwater 3.16.6. Chapter 10 10.04.01 (8) - Determination of Completeness 3.16.7. Chapter 10 10.02.06 (F) - Submittal Requirements for Permits 3.16.8. Chapter 10 10.04.08 - Modifications to Pending Applications 3.16.9. Chapter 10 10.02.02 (E) - Submittal Requirements for All... 3.16.10. Chapter 10 10.04.11 - Public Hearings 3.16.11. Chapter 3 3.06.09 - Protection of Future Wellfields 3.16.12. 3.16.12.1 Chapter 1 1.08.00 3.16.12.2 Chapter 1 1.03.02 3.16.13. - Chapter 10 10.01.04 - Administrative 3.16.17. Deter. of procedures Completeness chapter ® ® f\\ 3.17. Relocated to Post-Disaster Code of Laws & Recovery & Ord.; ss. 38-1 to Re- 38-12. construction Manaqement ~ ® LDC Division LDC Section LDC Sub- UDC UDC Other Notes section Chapter Section 4.1.-4.7. These provisions are located in Chapter 74 of the Code of Laws & Ordinances, and therefore, are not required to be, and are not, located in the UDC. ARTICLE 4 - IMPACT FEES ARTICLE 5 - DECISION-MAKING AND ADMINISTRATIVE BODIES LDC Division LDC LDC UDC UDC Other Notes Section Sub- Chapter Section section 5.1. Board of County Chapter 8 8.02.00 - Commissioners BOCC 5.2. Planning Chapter 8 8.03.00 - Commission CCPC 5.3. Board of Zoning Chapter 8 8.04.00 - Appeals BZA 5.4. Building Board of Chapter 8 8.05.00 - Revised in Adjustment and BOAA Supp. 16 (Ord. Appeals 03-27) 5.5. & 5.6.; 5.8. ; & These Divisions 5.10. - 5.12. were not Reserved required or included in the UDC 5.7. County Manager 5.7.1. This Section was not required or included in the UDC ® 5.7.2. 5.7.2.1. This Section was not required or included in the UDC, except for 5.7.2.1., relocated to Sec. 2-78 (a) (4), of the Code of Laws & Ords. 5.9. CD&ES Division Chapter 8 8.09.00 - CD&ES 5.13. Environmental Chapter 8 8.06.00 - Advisory Council EAC 5.14. Historicall Chapter 8 8.07.00 - Archaeological HAPB Preservation Board ARTICLE 6 - DEFINITIONS LDC Division LDC LDC Sub- UDC UDC Other Notes Section section Chapter Section 6.1. Rules of Chapter 1 1.03.00 Construction Rules of Construction 6.2. Chapter 1 1.08.00. A. Revised in Abbreviations Supp. 18 (Ord.04-08) 6.3. Definitions Chapter 1 1.08.00. B. Revised in all three Supps. (16, 17, and 18). ® \\\ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: Various LDC SECTION: Various LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Cleaning up various typographical errors. REASON: See above. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 9:31 a.m. This version was created on December 9, 2004 at Amend the LDC as follows: 2.03.05 Open Space Zoning District A. Golf Course District "GC". The purpose and intent of "GC" district is to provide lands for golf courses and normal accessory uses to golf courses, including certain uses of a commercial nature. The GC district shall be in accordance with the urban mixed use district and the agricultural rural district of the future land use element of the Collier County GMP. B. Conservation District "CON". The purpose and intent of the conservation district "CON" is to conserve, protect, and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier (fq) (ßj Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON district includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent ofthe CON district to require review of all development proposed within the CON district to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON district corresponds to and implements the conservation land use designation on the future land use map of the Collier County GMP. 1. Allowable uses. The following uses are allowed in the CON District. a. Uses permitted as of right. * * * * * * * * * * * * * (9) The following essential services: (a) Private wells and septic tanks necessary to serve uses identified in 1 through 8 above. (b) Utility lines necessary to serve uses identified in 1 through 8 above, with the exception of sewer lines. (c) Sewer lines and lift stations if all of the following criteria are satisfied: 1. Such sewer lines or lift stations shall not be located in any NRP A Lands in the CON district; 11. Such sewer lines or lift stations shall be located within already cleared portions of existing rights-or- way or easements; and 111. Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas; or to the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP. * * * * * * * * * * * * * ~ 2.03.08 Eastern Lands/Rural Fringe Zoning Districts * * * * * * * * * * * * * t:r. B. Rural villages. Rural villages, including rural villages within the NBMO, may be approved within the boundaries ofRFMU receiving lands, subject to the following: * * * * * * * * * * * * * (3) Density. A rural village shall have a minimum density of2.0 units per gross acre and a maximum density of 3.0 units per acre, except that the minimum density with a NBMO rural village shall be 1.5 units per gross acre. Those densities shall be achieved as follows: (a) Base density. A base density of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the rural village, and the land area designated as a greenbelt surrounding the rural village, is granted by right for allocation within the designated rural village. (b) Minimum density. For each TDR credit for use in a rural village, one bonus credit shall be granted, up to the minimum gross density of2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. (c) Maximum density. A developer may achieve a density exceeding the minimum required density, up to a maximum of 3.0 units per acre, through the following means: 1. TDR credits; 11. An additional density bonus 0.3 units per acre for the additional preservation of native vegetation as set forth in Chapter -4 section 3.05.07 E.; 111. An additional density bonus of 0.3 units per acre for additional wetlands mitigation as set forth in Chapter 1 section 3.05.07 F.; and/or IV. An additional density bonus of 0.5 units per acre for each Affordable or workforce housing unit. fiB @ * * * * * * * * * * * * * 2.05.02 Density Blending * * * * * * * * * * * * * B. Conditions and limitations. * * * * * * * * * * * * * 3. Properties straddling the Immoka1ee urban area and the RLSA district. Density and Intensity Blending between properties straddling the Immoka1ee Urban Area and the RLSA District shall be permitted, subject to all of the following conditions and limitations: a. The project in aggregate must be a minimum of 200 acres in size. b. The lands from which density and/or blending are shifted must be within the Immoka1ee Urban Area must be designated Recreational/Tourist District. c. The lands within the Immoka1ee Urban Area from which density and/or intensity are shifted must have a FWCC8 FLUCFCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. d. Density and/or intensity may only be shifted from the lands within the Immoka1ee Urban Area containing the Index Value (as measured above), on an acre per acre basis, to lands within an SRA having an Index Value of 1.2 or less. e. Lands from which the density and/or intensity has been shifted, shall be placed in a conservation easement in perpetuity. * * * * * * * * * * * * * 2.06.01 Generally ® A. Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base density of four (4) residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight (8) dwelling units per gross acre to the base density of four (4) residential dwelling units per gross acre, for a total of twelve (12) residential dwelling units per gross acre, plus any other density bonuses available, and minus any density reduction for traffic congestion area required, pursuant to the collier county gE3.j? GMP. The total eligible density must not exceed a total of sixteen (16) dwelling units per gross acre, except as allowed through use of transfer of development rights, as provided for in the growth management plan. The program to accomplish this increase to provide affordable housing is called the affordable housing density Bonus (ADHB) program. B. Within most of the Immoka1ee Urban area, as identified on the Immoka1ee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed a total of 16 dwelling units per gross acre. C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a density range of one-ha1fto four dwelling units per gross acre. The allowed density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential dwelling units per gross acre, plus any other density bonuses available. B; D. In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. 1. Preapplication conference. Prior to submitting an application for AHDB, a preapp1ication conference may be scheduled with the County Manager or his designee. If the proposed development is to include affordable housing, the housing and urban improvem£..~t director must participate in the preapp1ication @ conference. The preapp1ication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may be combined with an application for a planned unit development (PUD), a rezone, or a Stewardship Receiving Area. 2. Application. An application for AHDB for a development must be submitted to the County Manager or his designee in the form established by the County Manager or his designee. One additional copy of the application as otherwise required must be provided for the housing and urban improvement director. The application must, at a minimum, include: a. Zoning districts proposed by the applicant on the property and acreage of each; b. The total number of residential dwelling units in the proposed development, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; c. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of affordable housing units proposed in the development categorized by level of income, number of bedrooms, and rental units and owner-occupied units: 1. Moderate income households (one bedroom, two bedrooms, or three bedrooms or more). 11. Low income households (one bedroom, two bedrooms, or three bedrooms or more). 111. Very low income households (one bedroom, two bedrooms, or three bedrooms or more). IV. Total affordable housing units (one bedroom, two bedrooms, or three bedrooms or more). e. Gross density of the proposed development; f. Whether the AHDB is requested in conjunction with an application for a planned unit development (PUD), an application for rezoning, or an application for a Stewardship Receiving Area; and ó~ @ g. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. 3. Determination of completeness. After receipt of an application for AHDB, the housing and urban improvement director shall determine whether the application submitted is complete. If he determines that the application is not complete, the housing and urban improvement director shall notify the applicant in writing of the deficiencies. The housing and urban improvement director shall take no further steps to process the application until the deficiencies have been remedied. 4. Review and recommendation by the housing and urban improvement director. After receipt of a completed application for AHDB, the housing and urban improvement direotor County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this division section. The housing and urban improvement direotor County Manager or designee must coordinate with the development services director to schedule the AHDB application with the companion application for rezoning, planned unit development or stewardship receiving area, and must recommend to the planning commission and the board of county oommissioners BCC to deny, grant, or grant with conditions, the AHDB application. The recommendation of the h01:1sing and urban improvement direotor County Manager or designee must include a report in support of his recommendation. 5. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the housing and urban improvement director County Manager or designee, the planning commission must schedule and hold a properly advertised and duly noticed public hearing on the application. Ifthe application has been submitted in conjunction with an application for a PUD, then the hearing must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part ofthe public hearing on the application for stewardship receiving area before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the planning commission must review and evaluate the ® application in light of the requirements of this division section and the requirements for a rezoning, PUD rezoning, or stewardship receiving area, as applicable, and must recommend to the board of county oommissioners BCC that the application be denied, granted or granted with conditions. 6. Review and determination by board of county commissioners. Upon receipt by the board of oounty commissioners BCC of the application for AHDB and the written recommendation and report of the housing and urban improvement direotor County Manager or designee and recommendation of the planning commission, the board of oounty commissioners BCC must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the hearing must be consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the board of oounty commissioners BCC, and the board of C01:Hlty commissioners BCC must consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the board of oounty üammissioners BCC, and the board of county commissioners BCC must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the boæ-d of county commissioners BCC, and board of county commissioners BCC must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the board of col.IDty oommissioners BCC must review and evaluate the application in light of the requirements of this division section and the requirements for a rezoning, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. Go E. The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. * * * * * * * * * * * * * 3.04.02 Species Specific Requirements * * * * * * * * * * * * * On property where the wildlife survey establishes that listed species are utilizing the site @ or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the GMP, consider and utilize recommendations and letters oftechnica1 assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained herein and any such change shall be deemed to be consistent with this Code. The following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00: A. Gopher Tortoise (Gopherus polyphemus). 1. All gopher tortoises, their habitats, and the associated commensals are hereby protected. 2. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct, any gopher tortoise, and to alter, destroy, or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. 3. All gopher tortoise burrows are protected, and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. * * * * * * * * * * * * * 11. When identifying the native vegetation preservation requirement of section 3.05.00.3.05.07 of this LDC for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent gopher tortoises' preserves. All gopher tortoise preserves shall be platted with protective covenants, as required by this section and section 10.02.01 3.05.07 H. of this LDC or, if the project is not platted, shall provide such language on the approved site development plan. It shall be a priority to preserve scrub habitat, when it exists on-site, for its rare unique qualities and for being one of the most endangered habitats in the County, regardless of whether gopher tortoises are relocated off-site. 12. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by County Manager or designee. 13. Exemptions. Single family platted lots, seven and one-half acres or less in ® size, shall be exempt from the requirements set forth in subsections 5 through 11 above, when these lots are not a part of a previous development which has been required to comply with subsections 5 through 11. However, gopher tortoises shall be protected pursuant to +-4 1-3 above. B. Sea Turtle Protection. 1. The purpose of this section is to protect the threatened and endangered sea turtles that nest along the beaches of the County, by safeguarding sea turtle hatchlings from sources of artificia11ight, and adult and hatchling sea turtles from injury or harassment. The County shall adhere to state and federal guidelines for the protection of sea turtles. 2. The requirements of this section apply when new development or lighting associated with new development is located within three hundred (300) feet of mean high water; when parking lots, dune walkovers, or other outdoor lighting is proposed; and when reflective surfaces that will be illuminated by outdoor lighting will be visible from the beach. * * * * * * * * * * * * * 3. For existing development, existing structures with any light sources, or reflective surfaces illuminated by such sources, that are visible from the beach, shall be in compliance with the following: a. All lights shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, or fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. b. Lights illuminating dune crosswalks shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, and must be modified to conform to the requirements for new development in accordance with section 3.01.03(B) of this section. section 3.04.02 B.2. c. Security and emergency exit lighting shall follow the same requirements stated in section 3.04.03(C)(1) of this section item a. listed above. Ifhigh intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood, or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. @ 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation * * * * * * * * * * * * * C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.00 3.05.03 through 3.05.09, provided that any new clearing ofland for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.003.05.04 through 3.05.07 (G) are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. Pre-existing uses. Exemptions from the requirements of section 3.05.00 3.05.07.F through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD v¡hioh existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19,2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved development shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district as long as they do not result in an increase in development density or intensity. E. Exempt mangrove alteration projects. Mangrove alteration projects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of section 3.05.07. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Diyision section would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the @ landowner or affected party that such hardship is peculiar to the affected property and not se1f- imposed, and that the grant of a variance will be consistent with the intent of this ill"vision section and the growth management plan. * * * * * * * * * * * * * 4.05.04 Parking Space Requirements A. Requirements for off-street parking for uses not specifically mentioned in this di','ision section shall be the same as for the use most similar to the one sought, or as otherwise determined by the County Manager or designee pursuant to 4.05.04 of this LDC it being the intent of this LDC to require all uses to provide off-street parking, unless specific provision is made to the contrary. * * * * * * * * * * * * * 4.06.01 Generally A. Purpose and Intent. * * * * * * * * * * * * * 2. Buffering and Screening. The purpose and intent of establishing landscape buffering and screening is to: * * * * * * * * * * * * * J. Promote water conservation by encouraging the use of native and drought- tolerant vegetation and properly zoned irrigation systems through xenscape. k. In order to minimize negative effects between adjacent land uses, this di','ision section promotes the use of landscape buffers and screens to eliminate or minimize potential nuisances such as dirt, litter, noise, lights, unsightly buildings and structures, and off-street parking and loading areas. Additionally, buffers and screens provide spacing and landscaping to reduce potentially adverse impacts of noise, odor, or lighting. buffering refers to a strip ofland separating adjacent land uses, whereas screening refers to fences, walls, berms, trees, shrubs, or a combination of these screening devices on the buffer strip. * * * * * * * * * * * * * ® 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way A. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping oflots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family, mobile home dwelling unit, and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required. Where a conflict exists between the strict application of this division Chapter/section and the requirements for the number of off- street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. B. Standards for landscaping in vehicular use areas. * * * * * * * * * * * * * Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division section, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans. (Refer to section 5.05.08, Architectural and Site Design Standards and Guidelines for Commercial buildings and Projects.) The interior landscape requirements of these projects must be reduced to an amount equal to five percent of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative p1antings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and @ 8. ._.~ ® landscaping credits will be allowed as governed by table 4.06.04 D. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. * * * * * * * * * * * * * 4.06.05 General Landscaping Requirements * * * * * * * * * * * * * C. Plant Material Standards. * * * * * * * * * * * * * 1. Quality. Plant materials used to meet the requirements of this section shall meet the standards for Florida No.1 or better, as set out in Grades and Standards for Nursery Plants, part I and part II, Department of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet state standards. a. At least 75 percent of the trees and 50 percent of the shrubs used to fulfill these requirements shall be native Southern Floridian species, as determined by accepted valid scientific reference. For sites that are north and east of U.S. Highway 41, at least 35 percent of the shrubs used to fulfill these requirements shall be native Floridian species, as determined by accepted valid scientific reference. "Native Trees and Shrubs for Collier County List" is available for reference. For proposed land development projects on coastal shorelines and/or undeveloped and developed coastal barrier islands, all required landscaping shall be 100 percent native Southern Floridian species. b. In addition, for all sites, at least 75 percent ofthe trees and shrubs used to fulfill these requirements shall be drought-tolerant species as listed in the Xeriscape Plant Guide and Native Trees and Trees for South Florida (IF AS). Reference to be used in the native determination may include, but not be limited to: Long, R.W., and O. Lake1a, 1976. A Flora of Tropical Florida. Small, J.K., 1933. A Manual ofthe Southeastern Flora. Wunderlin, R.P., 1982. Guide to the Vascular Plants of Central Florida. ,r--" ( '\¡ \0 c. Where xeric plants are to be utilized, use the South Florida Water Management District, Xeriscape Plant Guide (as amended) as a reference. 2. Trees and palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of20-foot crown spread. For code-required trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. a. A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebe1enii) which shall count one palm for one canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions. No more than 30% of canopy trees may be substituted by palms (or palm equivalent) within the interior of a vehicular use area and within each individual Type D road right-of-way landscape buffer. Palms must have a minimum often feet of clear trunk at planting. b. All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater. * * * * * * * * * * * * * 8. Site-specific plant material. Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits. The County Manager or his designee shall review and approve land plans based on the following criteria. Required plants used in the landscape design shall be: a. Appropriate to the conditions in which they are to be planted (including drought, salt and cold tolerance). b. c. d. * * Have noninvasive growth habits. Encourage low maintenance. Be otherwise consistent with the intent of this division section. * * * * * * * * * * * K. Irrigation system requirements. ® 1. Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the survivability of the required landscaping. Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low water requirement areas. Landscaping shall be watered on an as-needed basis only. Irrigation systems shall be designed for the zoning of high and low water use areas. Heads shall be designed for 100 percent head-to-head coverage unless specified by the manufacturer. These requirements may be adjusted for retention areas. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the building, walks, walls, and other site improvements. All systems shall be designed to eliminate the application of water to impervious areas. Irrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a.m., unless the operation of multiple zones requires additional time. South Florida Water Management District (SFWMD) or other utility company water use restrictions shall supersede these requirements. There are no operational requirements for irrigation systems utilizing effluent. All new residential, commercial, and industrial developments shall be irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this division section. Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall. Where existing irrigation systems are modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with this section. * * * * * * * * * * * * * 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES 4.08.01 Specific Definitions Applicable to the RLSA District * * * * * * * * * * * * * ® M. Land Use - Land Cover Indices. One ofthe indices comprising the Natural Resource Index Value of land, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCCS FLUCFCS) (FDOT 1999). For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621,6218,6219,624,630,641,643); Group 2 (Codes 321, 411, 4119, 425, 434, 439, 428); Group 3 (211,212,213,214,221,222,241,242, 243,250,260,261,310,329,330,422,510,521,523,533, 534); and Group 4 (all others). * * * * * * * * * * * * * P. Listed Species Habitat Indices. One of the indices comprising the Natural Resource Index Value, with values assigned based upon the habitat value ofthe land for listed species. Index values are based on documentation of occupied habitat as established by the intersect of documented and verifiable observations oflisted species with land cover identified as preferred or tolerated habitat for that species. Land mapped, using FWCCS FLUCFCS, as 310, 321, 411, 425,428,434,617,6172,621,6218,6219,624, and 630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices. An intersection of at least one data point establishing the presence of a listed species within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire polygon being scored as occupied habitat. * * * * * * * * * * * * * 4.08.06 SSA Designation Lands within the RLSA District may be designated as SSAs subject to the following regulations: A. Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open, may be designated as an SSA, including lands within the ACSC. * * * * * * * * * * * * * 3. HSA Delineated Lands. a. In the case where lands delineated as HSA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated. b. General conditional uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less. c. In addition to the requirements imposed in the LDC for approval of a conditional use, uses listed in b. above will only be approved ® upon submittal of an EIS which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made by establishing the following: * * * * * * * * * * * * * (3) Buffering to Conservation Land shall comply with Section 4.08.07 J.6.-l-G-: * * * * * * * * * * * * * C. SSA Designation Application Package. A request to designate 1ands(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following: * * * * * * * * * * * * * 4. Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated: * * * * * * * * * * * * * f. FDOT Florida Land Use Cover and Forms Classification System (FWCCS FLUCFCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable; * * * * * * * * * * * * * 7. Recording ofSSA Memorandum. Following approval by the County, an SSA Memorandum shall be prepared and recorded in the public records, together with the following portions or exhibits of the SSA Credit Agreement as attachments: a. The legal description of the lands subject to the SSA Credit Agreement and the number of SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and the Restoration Credits assigned to such land; b. The Stewardship easement Agreement on the SSA lands, describing the land uses remaining on the land; ® c. A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to include the elements set forth in Section 1.0g.01 C.5 4.08.06 C.5. * * * * * * * * * * * * * D. SRA Designation Application Package. A Designation Application Package to support a request to designate 1and(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include the follow: * * * * * * * * * * * * * 4. Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include: * * * * * * * * * * * * * f. FLUCCS FLUCFCS map(s) delineating the area being designated as an SRA; * * * * * * * * * * * * 4.08.08 Baseline Standards * * * * * * * * * * * * * * H. Standards applicable to wetlands outside ofFSAS, HSAS, WRAS, and the ACSC. Wetlands located outside ofFSAs, HSAs, WRAs, and the ACSC shall be preserved in accord with the following criteria: * * * * * * * * * * * * * 5. All direct impacts shall be mitigated for as required by applicable federal or state agencies and in the same manner as set forth in section 4.06.04 3.05.07 F. of this Code. 6. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element section 3.05.07 D.5. * * * * * * * * * * * * * ® 5.04.06 Annual Beach Events Permit A. The owner of beach-front commercial hotel-resort property shall apply for an annual beach events permit. The County Manager or his designee, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation ofF.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. * * * * * * * * * * * * * E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May 1 st through October 31 st of each year) are also subj ect to the following regulations: * * * * * * * * * * * * * 4. Use of vehicles on the beach is prohibited, except as may be permitted under the Code of La:'lIs of Collier County section 10.02.06 1. * * * * * * * * * * * * * 9. A copy of all notices required by any permit or these regulations must also be provided by the permit holder to Collier County Natural Reso:urces Depa-rtm0nt the County Manager or designee. Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements. * * * * * * * * * * * * * 8.06.00 ENVIRONMENT AL ADVISORY COUNCIL 8.06.01 Establishment There is hereby established an Environmental Advisory Council ("EC^..." "EAC") wffieft. The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. @'. ',- B * * * * * * * * * * * * * 8.09.02 Jurisdiction, Authority and Duties In addition to the jurisdiction, authority and duties which may be conferred upon the community development and environmental services administrator by other provisions of the county Code of Collier County or the county manager, the community development and environmental services administrator shall have the following jurisdiction, authority and duties: A. To provide the board of county commissioners, the Development Services Advisory Committee, planning commission, the board of zoning appeals, the building board of adjustments and appeals, the code enforcement board, and the contractors' licensing board, with reports and recommendations with respect to matters before such bodies as directed by the board of county commissioners or the county manager. B. To administer and manage the Planning Services, Pollution Control, Natural Resources, Environmental Services, Building Review and Permitting, Code Enforcement and housing and urban improvement departments, and oversee the preparation of the budget for each. C. For the purposes of this code the phrases Development Services Director, Growth Management Director, Code Compliance Director, Growth Planning Director and Planning Services Director, shall mean the Community Development and Environmental Services Administrator, or his designee. * * * * * * * * * * * * * 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line * * * * * * * * * * * * * G. Procedures for obtaining variance. 1. A written petition requesting a variance from the established setback line shall be filed with the board of oounty commissioners BCC or their designee. The petition shall set forth: a. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; b. A description of the established setback line and the line which petitioner wishes to be varied; ® c. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 2. Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commissioners BCC pursuant to the following public notice and hearing requirements. a. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the board of oounty oommissioners BCC. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information: ) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. b. The area of a property sign shall be as follows: 1. For a property less than one acre in size, the sign shall measure at least one and one-half square feet in area. 11. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. c. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. ® d. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the p1an...1Ïng services department County Manager or designee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date oftheir erection at least ten days prior to the scheduled public hearing by the board of county commissioners BCC. The sign(s) shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of C01:ffity eommissioners BCC or 2. The receipt of a written request by the planning servioes depa.ftment direotor County Manager or designee from the applicant to either withdraw or continue the petition indefinitely. e. Notice of the time and place of the public hearing by the board of oounty oommissioners BCC shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. f. The board of county commissioners BCC shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance 3. The board of county oommissioners BCC shall notify petitioner in writing of its decision within 15 days of the public hearing. 4. Any person aggrieved by a decision of the board of county commissioners BCC granting or denying a variance may apply to the circuit court ofthe circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners BCC. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. ® * * * * * * * * * * * * * H. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of oounty oommissioners BCC. Exemptions to this section 9.04.06 shall include: 1. The removal of any plant defined as exotic vegetation by county code. 2. Any modification, maintenance, or repair, to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code, excluding additions or enclosure added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure. 3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the County Manager or his designee or his designees, is determined to does not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt ftom the variance requirements of this division section. This exemption shall not be effective during sea turtle nesting season (May 1--0ctober 31) unless the structures are removed daily ftom the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time ftom 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation ofF.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. * * * * * * * * * * * * * 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements * * * * * * * * * * * * * 4. Information required for application. * * * * * * * * * * * * * d. Native vegetation preservation. @l) ® r' \ .:) 1. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each ofthe FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). 11. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 4 J. and 10 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. 111. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 4 J. and 10 ofthe Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel( s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. * * * * * * * * * * * * * 10.02.03 Submittal Requirements for Site Development Plans A. Generally. * * * * * * * * * * * * * 3. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 10.02.03 A.4., standard application requirements as described in section 10.02.03 A., may be waived in part or in full by the County Manager or his 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 B. addressing the application requirements deemed necessary by the County Manager or his designee shall be ® * * * submitted to the planning department for review and approval. * * * * * * * * * * * * b. The expedited site plan for school board review, as referenced in section 10.02.03 A.3.a. of the Land Development Code, will consist ofthe following areas of review: * * * * * * * * * * * * IV. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (a) On a site by site basis, County Staff will determine the necessity for an environmental impact statement ("EIS") to be submitted. (b) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for reVIew. (c) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS ") and the Florida Fish and Wildlife Conservation Commission ("FFWCC") agency permits. (d) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. (e) The GMP and LDC section 3.05.07 requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. * * * * * * * * * * * * B. Final Site development plan procedure and requirements @) A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant. 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: * * * * * * * * * * * * * d. Vegetation inventory: A generalized vegetation inventory ofthe 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: 1. Upland, wetland and estuarine vegetation including prohibited exotic vegetation, mapped using FWCCS FLUCFCS terminology. 11. Any type of vegetation identified for preservation. 111. Projects containing the following shall provide a survey of identifying species and locations on a current aerial photograph at a scale of one inch equals 200 feet or larger or superimposed on the site plan: (a) Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable development order. (b) Specimen trees designated by the board of county commissioners BCC, pursuant to section 10.02.06 D.1.f.iii.(b) 3.05.09. * * * * * * * * * * * * * 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for ~*'---""'>" ,...,.-,"- /"":'_~'., (I~\) \0 that particular permit, as more specifically stated below. * * * * * * * * * * * * * 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 growth management plan, or (2) if issuance of said development order of [ or] building permit is inconsistent with the growth management plan. Anything in this diy¡ision 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 growth management plan. * * D. * * * * * * * * * * * Agricultural land clearing. * * * * * * * * * * * * * 2. Land clearing notice. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823 .14( 6), Florida Statutes, the property owner shall provide notice to the em'ironmenta1 services director County Manager or designee that the removal will occur. Said notice shall include the following information: * * E. * * * * * * * * * * * Enforcement and penalties. * * * * * * * * * * * * * 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or his designee and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: * * * * * * * * * * * * * c. The understory vegetation shall be restored to the area from which protected trees wer aw removed. The selection of plants shall be -, "'" ( P".\ ~\ " J~ based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS FLUCFCS code. The species utilized shall be with relative proportions characteristic ofthose in the FWCCS FLUCFCS code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or his designee. * * * * * * * * * * * * * 3. Corrective measures for environmental violations. a. Mitigation. 1. The person(s) responsible for violations of the environmental sections of the Land development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. 11. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. 111. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS FLUCFCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. * * * * * * * * * * * * * c. Site-specific review criteria. * * * * * * * * * * * ~ * * Vi. A program to control prohibited exotic vegetation (section 3.05.<++ Q[) in the mitigation area shall be required. * * * * * * * * * * * * Wellfield conditional use permit and standards. * * * * * * * * * * * F. * * * 5. Administrative review of well field conditional use permit petition. a. The county manager shall review the petition for wellfie1d conditional use permit for compliance with sections 3.06.12 and 3.06.13 of this division section in the same procedural manner as for a certificate to operate. * * 1. * * * * * * * * * * * Vehicle on the beach regulations. * * * * * * * * * * * * * 2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to coincide with the beginning of sea turtle nesting season. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.061.3 below. a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties shall be exempt from the provisions of this division section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16 remain stationary, except to access and egress the beach, shall be exempt from the provisions of this division section if a permit has been obtained from the environmental services department director or his designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with the vehicle and available for inspection. The procedure for obtaining such a permit shall be by application to the environmental services department director in writing stating the reason or reasons why it is necessary for such vehicle or ~ vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89-16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and permit for such vehicle or vehicles shall be issued by the environmental services department director if the environmental services department director is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non-ambulatory persons shall be exempt from the provisions of this division section. d. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this division section if a vehicle- on the-beach permit has been granted by the environmental selyiees director or his designee County Manager or designee. All permits issued are subject to the following conditions and limitations: * * * * * * * * * * * * * 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes oflaw enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this division section. Permits issued pursuant to this division section are not intended to authorize any violation ofF.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this di'.ision section are subject to the following penalties: * * * * * * * * * * * * * ® 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy C. Certificate of public facility adequacy. 1. General. * * * * * * * * * * * * * d. Estimated transportation impact fees for a development shall be paid into the applicable impact fee trust fund in the amount estimated to be due upon issuance of the final local development order(s) for the development upon or prior to issuance of a certificate of public facility adequacy for the development. Developments that have paid estimated impact fees for all Category "A" facilities prior to the [effective date of this section's amendment], and which elect to come under the provisions of this section may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the final local development order(s) for the development. If the developer does not elect to come under the provisions of this division section, impact fees paid into the impact fee escrow trust fund prior to [the effective date of this section's amendment] shall be refundable upon written request to the Community development and Environmental Services Division Administrator accompanied by the surrender of the original certificate of public facility adequacy obtained prior to issuance of final local development order(s) for the development. Fees paid into applicable impact fee trust accounts as a prerequisite to the issuance of final local development order( s) prior to the [effective date of this section's amendment] in accordance with the applicable consolidated impact fee ordinances shall be refundable pursuant to the provisions of such ordinances upon written request to the Finance Director, Clerk of Courts. * * * * * * * * * * * * * 10.02.14 Landscape Plans A. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section must submit a landscape plan to the County Manager or his designee. The landscape plan must bear the seal of a Landscape Architect registered in the © State of Florida. The landscaping required for single-family, two family, and mobile home dwelling units must be shown on the building permit plot plan. This plan is not required to bear the seal of a landscape architect. * * * * * * * * * * * * * 1. Public educational facilities and Plant, ancillary plant, and auxiliary facility. Essential services including Collier County Public Schools (CCPS)/pub1ic Educational and ancillary plants, and other public facility projects developed jointly with CCPS may demonstrate that the intent of this division section can be effectively accomplished without meeting specific development standards. The applicant must request an administrative review of the alternative design, as outlined in paragraph (a) below. The deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessary as a result of an educational program or joint use of the school site with another public facility or use. a. Procedure. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An applicant must submit a narrative description identifying the code development standards required by this section which will be addressed through the alternative approach. The County Manager or his designee will administratively review submittal documents for consistency with the intent of this division section. If the plan is approved through this provision, the approved deviations must be specifically noted and the basis of the approval must be stated within the site development plan approval letter. Deviations approved will be applicable only to the specific design and plan reviewed. Modifications of an approved design will void the deviation request and require resubmitta1 to planning services staff for re- evaluation of the request in the context ofthe amended design and plan. b. Exemption. An administrative deviation is not required for specific standards relating to placement of plant materials if the intent of the Code can nonetheless be carried out without meeting these standards. The intent of the division section can be demonstrated by detailing a specific health, safety, or welfare concern as defined by SREF or as may be unique to a specific site or educational program that would override the need to provide plant materials. A copy of SREF, as may be amended, is available in the records room in the Community Development and Environmental Services Division building. * * * * * * * * * * * * * 10.08.00 (Ñ CONDITIONAL USES PROCEDURES * * * * * * * * * * * * * 1. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3 section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. * * * * * * * * * * * * * APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS * * * * * * * * * * * * * 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through October 31 st of each year) are also subject to the following regulations: A. All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to Collier County prior to the time ofthe scheduled event as set forth in section 5.04.06. B. Consistent with section 10.02.06 I 5.04.06, no structure set up, or beach raking, or mechanical cleaning activity for any particular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. C. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius around each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable State permit. D. Use of vehicles on the beach is prohibited, except as may be permitted under section 10.02.06 15.04.06. E. 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M ~~CI];::2 -5-5C1]~ ~.....~>. ~~2"'2<IÒ ;::!.....Q..O~ ODrnCl]O¡;; § tê ] : .~ -.- ~ (1) "0 !a Q..:'::: "0 - -" Q.. < u....... ª' . ë; Ci) N ......... ©~ r£~ Sëd(J)~ . t: ..... c ~ ;::'s ~.9 .J:)¡;;..... ~·§:::s~13 ~ -- CZ) .= ;.::: ".... :::s Q.. -g C"Q.. r.r.J ~<:: s ~ .c>. .J:) ~ ~- ~-g =::Z::: ~ rn rn ~ © I() - ~ «:I ~ " S o t '" c LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: David Weeks/Russell Webb DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC2:62, 67 LDC SECTION: Section 2.03.08 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: The first change is to update the name of the Florida Game and Freshwater Fish Commission. Second, removing the reference to the Eastern Lands in the subject heading/title of this section. REASON: The reason for the first change is that the agency is no longer referred to by that name. The reason for the second change is that nothing in Section 2.03.08 pertains to the Eastern Lands. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 11:18 a.m. This version was created on November 24, 2004 at Amend the LDC as follows: 2.03.08 EasteFR LaRdslRural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU district). * * * * * * * * * * * * * 2. RFMU receiving lands. RFMU receiving lands are those lands within the w © * * RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in section 2.03.08 A.I. above, or as more specifically provided in an applicable PUD. a. Outside rural villages. * * * * * * * * * * * * (3) Allowable Uses. (a) Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: 1. Agricultural activities, including, but not limited to: Crop raIsmg; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native speCIes subject to the State of Florida Game and Fresh',vater Fish Commission Fish and Wildlife Conservation Commission permits. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: * * * * * * * * * * * * ß) © LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas E. Kuck, P.E., John Hou1dsworth DEPARTMENT: Engineering Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC4:62 LDC SECTION: Section 4.03.02 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Add sentence clarifying platting requirement REASON: The platting requirement is currently assumed but is not specifically stated. This amendment provides clarification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapter 177, Florida Statutes GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2:15 p.m. This version was created on December 15, 2004 at Amend the LDC as follows: 4.03.02 Applicability It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a final subdivision plat of such land for approval to the BCC as required by this section and without having recorded the approved final subdivision plat as required by this section. Any division of land meeting: the definition of subdivision which is not otherwise exempt by this section shall require the filing of a subdivision plat in accordance with the requirements of Section 10.02.04 ofthis code. ® @ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell WebblKim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC4:113 LDC SECTION: Section 4.06.05 C.12. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: to 10.02.06 E.3.c. Deleting Section 4.06.05 C.12. and replacing with only a cross-reference REASON: This language IS also contained III section 10.02.06 and IS more appropriately located in that section. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC section 10.02.06 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 5:42 p.m. This version was created on November 29, 2004 at Note that a search should be performed of the entire LDC and any references to these sectiol1 nll1Jlbers shpllld be 1Jlodifieq accordingly based 011 this change. Amend the LDC as follows: 4.06.05 General Landscaping Requirements * * * * * * * * * * * * * C. Plant Material Standards. * * * * * * * * * * * * * @ © 12. For a description of plants utilized for mitigation, please see Section 10.02.06 E.3.c. 12. Pkmts blscdfor }.1itigetion élccertiing kJ the precooures set Gut in Chapters if élnd 10. a. All plants used fDr mitigation shall be native Florida speoies. b. All plants used for mitigation shall be from a legal SOUi"oe and be graded Florida No.1 or better, as graded by the Florida Department of ,^..gricul1:lH"e and Consl:lIller Servioes' Grades and Standæ:-ds for NUi"sef)' Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standæ:-ds for Nursery Plants shall conform to a Florida No.1 as to: (1) health and vitality, (2) condition of fDliage, (3) root system, (1) freedom from pest or mechanical damage, (5) heœli1y branched and densely fDliated aocording to the aooepted normal shapes of the species or sport. Trees shall be a minimum of 11 feet tall at the time of planting and shall have a minimum dbh (diameter at breast height) of three inches. c. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida ',Vater Management Distriot's Xerisoape Plant Guide II shall be used in determining the temperature to1eranoes of the plants. d. The existing soil t)pes shall be identified. Plants proposed for planting shall be oompatib1e with the soil type. The 1951 or the 1992 soil sur/eyof Collier County shall be used to determine if the p1a-nts proposed for p1a-nting are oompatible '¡lith the existing or proposed soil types. 0. The SOlli"ce and method of proyiding '¡later to the plants shall be indica-ted on the plan and subject to review and approval. f. A program to oontro1 prohibited exatie vegetatioR in the mitigation area shall be required. @ © LDC Amendment Request AUTHOR: Community Development and Environmental Services Division ..¡!1 0\2/ Keith Scamehorn Urban Design Planner ORIGIN: LDC SECTION: 5.05.08.C.4.b.i DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: To be determined LDC SUPPLEMENT #: CHANGE: Cross out the existing text and have just the new text £ r width requirement for the massing variation of recesses and projections for 5.05.08.C.a previously referred to in 5.05.08.C.4.b.i. REASON: Clarification. FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on March 31, 2005 Amend the LDC as follows: i. For buildings exceeding 5,000 square feet in gross building area, any façQde with horizontal length exceeding 50 linear feet must incorporate 'NaIl plane projections or recesses having depth of at least three feet, with a single wall plane limited to no more than three feet, with a single '.vall plane limited to no more than 60 percent of each affected façade. Buildings subiect to the proiections or recesses depths required by 5.05.08.CA.a must not have a single wall plane exceeding 60 percent of each facade. (fj LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC5: LDC SECTION: 5.06.01 - Generally (Signs) LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding a cross-reference to 10.02.06 B. (Building Permits) REASON: Provide direction to the reader as to where the building permit provisions are in the Code. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC section 10.02.06 B. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 3:53 p.m. This version was created on October 28, 2004 at Amend the LDC as follows: 5.06.00 SIGNS 5.06.01 Generally * * * * * * * * * * * * * B. Signage Table The following table is intended to provide a graphic representation of the various permitted residential and commercial signs, but may not encompass all of the requirements for those signs. For the specific regulations, please see the appropriate subsections throughout this section of the code. P&~. 1 _¡; 3@ © z '- o ->- CII ('0' C m .Q "E ~Q.) "OE ~~ '5 0- () a:: :!: Z!~ E Cs.N Ü ()'- >-:QC '0 -I a. ¡;o..,:.... () O)"O'd.c :ð .~ ¡~ ;:: =::J()o ffi g,() a:i a::~ () 0) CII C 0) ü5 c¡¡ ~ () "0 'ëi) () a:: '- o () N ü5 Õ -I 0) C 'ã. CII o m "0 C CII -I ~ o CII .0 ã> Cf) :E 0) (i) J: X CII ~ C 0) ü5 X CII ~ o '- () .0 E ::J Z X CII ~ () c. >. 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It)"O ~=s ..a ~ o N ~ g-~ oZ o .,.. o~ ...-z ~~ Z o CD ooð CDo It) .,.. ...-N @ en r/ (!) (!) >->- en r/ (!) (!) >->- o It) .,.. x ro E Q) ,OJ (!).ffi "0 [: ~.g ,æ~ '.0 "Olt) ·S ~ ..a ~ o N ~ «0" -. r/ Zo o N ®I <J) (!) >- en en en (!) (!) (!) >->->- ~o Z"'- ~~ Z 00 ~CD N...- "0 [: ::J c¡¡ 0 "0 3:0 "0 [:= ::J ro [: e3: ::J [: [: e "0 "0 C9, o 0 C9 c: c: c¡¡ c¡¡ c¡¡ , -¡¡¡ ~~ ::J ::J .... 0 e 3: 3: 3: -¡¡¡ e è'i5è'i5 0 .... e C9C9 ro (!) Q) (!) ro a. u (.J (5 a..... .~ .~ .... ::J Il.. ::;¡O (!) Q) 0 Cf)Cf) 0 0 .... .... ::J ::J «« "0 a::: Q) Q) OJ OJ ro ro 1::1: e e - - ~~ 0>0> 0) . "<t~ ...- ...- .9.8 ...-0 NO ...- ...- .... o ê3 .!!1 (5 Ü a) C> .ffi [: e - ~ o It) ...- ~ 0" en o o ...- ~~ 0" 0- r/ en 00 00 .,.. ...- o ...- 00 .,.. ...- N ...- ~CD o CD NCD C') ...- N NN LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC6:4 LDC SECTION: Section 6.01.02 C. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: This provision is contained in the code twice and therefore this needs to be deleted with a cross-reference. REASON: The second occurrence (10.02.04 B.1.) reflects more current, adopted language and therefore should remain. In addition, this seems to be the proper location for the language. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 10.02.04 B.1. ofthe LDC GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:13 p.m. This version was created on November 9, 2004 at Amend the LDC as follows: 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. * * * * * * * * * * * * * ® © ~--~-_.~.. ._~.-. .. C. Protected/preserve area and easements. A nonexe1usi':e easemeBt or tract in favor of the County, without any maintenanoe obligation, shall be provided for all "proteoted/preserve" areas required to be designated on the preliminary and final subdivisioB plats. .'\ny buildable lot or fJareel subject to or abuttiBg a proteoted/preserve area required to be designated on the preliminary and final subdivisioB plats shall have a minimum hventy five (25) foot setback from the boundary of suoh protected/preser¡e area in which no principle structure may be oonstructed. Further, the preliminary and final subdivisioB plats shall require that no alteratioB, including accessory structures, fill placement, grading, plant alteratioB or removal, or similar activity shall be permitted v:ithin suoh setback area 'vVithout the prior written oonsent of the County Manager or designee; provided, in no event shall these aotivities be permitted in such setbaek area within ten (10) feet of the protected/preserve area boundary, unless the above setbacks are accomplished through bufferiBg pursuant to seotion 1.06.00. For provisions related to protected/preserve area and easements, see section 10.02.04 B.1. ofthis code. ® © LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC9:15 & 10:103-104 LDC SECTION: Sections 9.04.06 F. and 10.02.06 H. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Moving the provision from the CCSL Variance section of the Code to the CCSL permit section. REASON: CCSL permit. Beach renourishment does not require a variance, but instead requires a FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 5:27 p.m. This version was created on December 1, 2004 at Amend the LDC as follows: 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line * * * * * * * * * * * * * F. Certain acti~lÏtiøs that may temporarily alter ground elevations suoh as artifieia1 beaeh nourishment projeots, exoa~,'ation or maintenanoe dredging of inlet ohanne1s may be permitted seaward of the ooasta1 oonstruotion setback liRe if said acti~lÏty is in oomp1iaÐoe with the Collier County GMP and reoeivcs Federal and State agenoy appro~¡a1s. Until suoh time as the fee schedule can be amended, the fee shall be $100.00 for these beaek nourishment permits. @ © 10.02.06 Submittal Requirements for Permits * * * * * * * * * * * * * H. Coastal Construction Setback Line Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 1. Construction ofa 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 six feet. b. A minimum separation of 200 feet between walkovers when two 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 two years professional experience are in the State of Florida. 3. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment proiects. 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. @ © J.: 4. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: 1. 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 offby 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. 11. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation. Second violation: Up to $1,000.00 fine. Third violation: $2,500.00 fine. More than three violations: $5,000.00 fine. © LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC10:12 LDC SECTION: Section 10.02.02 A.9. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding language clarifying that the Appeals process applies to only EIS Issues. REASON: The current language creates confusion as it seems to suggest that the appeals process applies to all sections of the Code when they in fact only apply to EIS submittals. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC Section 8.06.00 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: 11:05 a.m. This version was created on December 1, 2004 at Amend the LDC as follows: 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements * * * * * * * * * * * * * 9. Appeals. a. Any person aggrieved by the decision of the County Manager or his designee regarding EIS procedures or submittals (i.e. - this section of the ® © Code) any section of this Code may file a written request for appeal, not later than ten days after said decision, with the EAC Ðnvironmental advisory board or their successor organization. b. The EAC enviromnema1 advisory board will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. c. The appeal will be heard by the EAC øm1.ronmeflta1 adTlisory board within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the EAC environnumta1 advisory board and to the County Manager or his designee copies ofthe data and information he intends to use in his appeal. e. Upon conclusion of the hearing the EAC enyironmental advisory board will submit to the BCC board of ool:J.flty eommissioners their facts, findings and recommendations. f. The BCC board of coooty oommissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the EAC environmental ad'/Ïsory board. - (ê)