LDR Subcommittee Agenda 10/16/2018 Ann P. Jennejohn
From: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov>
Sent: Monday, October 15, 2018 8:57 AM
To: FrantzJeremy
Subject: CORRECTION - RE: Upcoming Public Meeting for LDC Amendments
Follow Up Flag: Follow up
Flag Status: Completed
Please see the correction below.The DSAC-LDR Subcommittee meeting will be held tomorrow at 2:00 PM.
My apologies for the confusion.
Respectfully,
Jeremy Frantz, AICP
Land Development Code Manager
Co ger County
Zoning Division
Exceeding Expectations Everyday
2800 N.Horseshoe Drive,Naples,Florida 34104
Phone:239.252.2305
www.collieraov.net/Idcamendments
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning.
From: FrantzJeremy
Sent:Wednesday, October 10, 2018 3:07 PM
To: FrantzJeremy<Jeremy.Frantz@colliercountyfl.gov>
Subject: Upcoming Public Meeting for LDC Amendments
Co ler County
Growth Management Department
LDC Amendments Update
Meeting Schedule Current Amendments Collier LDC News Releases
Land Development Code
Co ter County Amendments
Growth Management Department
- Public Meeting -
Development Services Advisory Committee
Land Development Review Subcommittee
Tuesday, October 16, 2018
2:00 p.m. —4:00 p.m.
2800 N. Horseshoe Dr., Naples, FL 34104—GMD Building
Conference Room 609/610
Meeting Purpose: Agenda:
1) To review the 1. Call to order
Affordable Housing 2. Changes to agenda
and Airport Protection 3. Approval of Minutes from August 21, 2018
Overlay LDC
amendments (no vote 4. Old Business:
required), and a. Affordable Housing Amendment Update
b. Revised Commercial Landscaping Amendment
2) To obtain a 5. New LDC Amendments:
recommendation from a. Airport Protection Overlay
the DSAC-LDR b. Residential Lighting
Subcommittee
regarding all other LDC 6. Approve 2018/2019 Meeting Schedule:
amendments, and a. December 18, 2018
b. March 19, 2019
3) To approve the c. June 18, 2019
2019 schedule of d. September 17, 2019
DSAC-LDR e. December 17, 2019
Subcommittee 7. Public comments
meetings.
8. Adjourn
News Release Posted October 9, 2018
For more information please contact Jeremy Frantz at (239) 252-2305 or Jeremy.Frantz@colliercountyfl.gov
Memorandum
To: Development Services Advisory Committee-Land Development Review Subcommittee
(DSAC-LDR)
From: Eric Johnson, Principal Planner
Date: October 9, 2018
Re: PL20180002172 Affordable Housing Density Bonus
This land development code amendment (LDCA) was reviewed and approved with changes by
both the DSAC-LDR and the DSAC. Staff originally intended for the LDCA to be reviewed by
the Collier County Planning Commission (CCPC) on either October 4, 2018 or October 18, 2018;
however, with continued staff review and changes, the item has been pushed back until November
1, 2018.
As expected, multiple changes have been made to the LDCA throughout the process. In an
abundance of caution, staff wanted to share the latest changes that were initiated by staff to the
DSAC-LDR, prior to the item moving forward to the CCPC hearing.
Attached is a document containing highlighted text which generally represents the latest
substantive changes since when the LDCA was reviewed by the DSAC last. Staff is not seeking
any additional vote from the DSAC-LDR.
Thank you for your consideration in this matter.
Sincerely,
Eric Johnson, AICP, CFM, LEED Green Associate
Eric.Johnson@colliercountyfl.gov
(239) 252-2931
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180002172
SUMMARY OF AMENDMENT
This amendment simplifies the definition of affordable housing and
makes the terminology and income levels consistent with the Florida
Statutes and federal guidelines. It also increases the maximum available
affordable housing density bonus from 8 units to 12 units.
LDC SECTIONS TO BE AMENDED
1.08.02 Definitions
2.06.00 Affordable Housing Density Bonus (multiple sections)
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES
BCC
CCPC
DSAC
DSAC-LDR
12/11/2018
11/01/2018
09/05/2018
08/21/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with Changes
DSAC
Unanimous Approval
CCPC
TBD
BACKGROUND:
The Board of County Commissioners (Board) held two affordable housing workshops, one in 2015 and
the other in 2016. These workshops served as the catalyst to form the Housing Stakeholders Group
(HSG). The HSG was tasked with creating a two-phase Community Housing Plan (CHP). The first
phase of the CHP consisted of the Urban Land Institute’s (ULI) recommendations from their report titled
A ULI Advisory Services Panel Report Collier County, Florida, January 29-February 3, 2017. The ULI
report indicated that Collier County has an affordability problem, and it may become a crisis if
unaddressed. The Board unanimously accepted the CHP (Item #11.A) on October 25, 2017 and directed
Staff to bring forward each suggestion in the report individually for discussions in workshops.
On February 27, 2018, the Board accepted elements of the CHP by voting in favor of the following:
1. Approve new affordable housing definitions in accordance with discussion at the meeting;
2. Accept the staff-recommended updates of the housing demand model and its methodology;
3. Adopt a resolution (i.e., 2018-38) to advocate support and authorize the county's lobbyists to
support current and future state and federal legislation;
4. Adopt a resolution (i.e., 2018-39) to consider housing that is affordable in future public land
acquisitions;
5. Accept the Affordable Housing Density Bonus Program (AHDB Program) to increase the
affordable housing density bonus from eight extra units per acre to up to 12 extra units per acre; and
6. Adopt a resolution (i.e., 2018-40) to amend the expedited permitting and fast track procedure.
This code amendment represents the end-product of #1 (definition) and #5 (AHDB Program) above.
Under the definition there are five income levels detailed, ranging up to 140 percent Median Income
(MI) for Collier County. These income categories include the following: extremely-low-income, very-
2
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low-income, low-income, moderate-income, and gap-income. Costs used to determine affordability
include the anticipated monthly rent/mortgage payment, property tax, insurance, and required fees (such
as mandatory condominium or homeowner association fees and assessments).
There are four income levels used in the AHDB Program, including very-low-income, low-income,
moderate-income, and gap-income. For purposes of the AHDB Program, the extremely-low-income
category is grouped together with the very-low-income category, which staff anticipates is sufficient to
address the full spectrum of housing to be built. Even though the extremely-low-income category is not
used in the Program, it is important to retain this threshold of household income in the Definitions,
because this category is used in other County programs and reports. In accordance with F.S. 420.9075
(4)(e) and to avoid duplicative efforts, staff also is proposing a provision in LDC section 2.06.05 B.6,
which would allow staff to accept annual reports from the Florida Housing Finance Corporation to help
developers demonstrate compliance with tenant eligibility and qualification requirements of the AHDB
Program.
This amendment would change the minimum number of required affordable housing units per
development, from 10 units to 10 percent of the total housing units. This change is consistent with
current Community and Human Services policy.
DSAC-LDR Recommendations:
1. Reword a portion of the affordable housing definition, in part, by creating two separate sentences
from what was one longer sentence.
2. Modify Table A. Affordable Housing Density Bonus to include the table’s title as the top row, re-
introduce a note under the table that was previously earmarked by staff for deletion, and renumber the
notes associated with the table.
3. Change the income verification provisions to allow the most recent year’s filed income tax returns.
DSAC Recommendations:
1. Incorporate the minor changes that staff mentioned at the DSAC meeting.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
There is a related GMP amendment that proposes
to revise terminology and increase the affordable
housing density bonus from 8 to 12 dwelling units
per acre. That GMP amendment is necessary so
that this LDC amendment may be found consistent
with the GMP.
EXHIBITS: A- Summary of Proposed Changes
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Amend the LDC as follows:
1.08.02 Definitions 1
2
* * * * * * * * * * * * * 3
4
Affordable Housing: Housing is deemed affordable when the cost of a residential dwelling unit 5
does not exceed 30 percent of that amount which represents the percentage of the median annual 6
gross income for the household. The calculation of such cost shall include the monthly rent and 7
utilities (for rental units) or monthly mortgage payment, property taxes, special assessments, 8
insurance, and other required condominium or homeowner association fees and assessments 9
(for owner-occupied units). 10
11
Affordable housing specifically includes the following income level targets for Collier County, 12
based on the income categories as determined by the Secretary of the U.S. Department of 13
Housing and Urban Development: 14
15
a. Extremely-low-income: Households whose incomes do not exceed 30 percent of 16
the median income. 17
18
b. Very-low-income: Households whose incomes do not exceed 50 percent of the 19
median income. 20
21
c. Low-income: Households whose incomes are greater than 50 percent but do not 22
exceed 80 percent of the median income. 23
24
d. Moderate-income: Households whose incomes are greater than 80 percent but 25
do not exceed 120 percent of the median income. 26
27
e. Gap-income: Households whose incomes are greater than 120 percent but do not 28
exceed 140 percent of the median income. 29
30
* * * * * * * * * * * * * 31
32
Approved Affordable Housing: Affordable Housing that includes a long-term affordability 33
restriction wherein the cost of housing and income of the household are known and monitored, 34
for a specific period of time. 35
* * * * * * * * * * * * * 36
Housing, affordable workforce: means residential dwelling units with a monthly rent or monthly 37
mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent 38
of an amount which represents a range of median adjusted gross annual income (median income) 39
for households as published annually by the U.S. Department of Housing and Urban Development 40
within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including 41
the following subsets: 42
Owner occupied workforce housing: 50 percent or less of median income, otherwise 43
considered to be "very-low income". 44
45
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Owner occupied workforce housing: 51 percent—60 percent of median income, otherwise 1
considered to be "low income". 2
3
Owner occupied workforce housing: 61 percent—80 percent of median income, otherwise 4
considered to be "low income". 5
6
Owner occupied workforce housing: 81 percent—100 percent of median income, 7
otherwise considered to be "moderate income". 8
9
Owner occupied gap housing: 81 percent—150 percent of median income. 10
11
Rental workforce housing less than 50 percent of median income, otherwise considered 12
to be "very-low income". 13
14
Rental workforce housing from 51 percent—60 percent of median income, otherwise 15
considered to be "low income". 16
17
The term affordable housing is specifically intended to include affordable workforce 18
housing. 19
20
Housing, gap: means residential dwelling units with a monthly rent or monthly mortgage payment, 21
including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which 22
represents a range of median adjusted gross annual income (median income) for households as 23
published annually by the U.S. Department of Housing and Urban Development within the Naples 24
Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following 25
subset: 26
The term "gap housing: 81 percent—150 percent of median income" is specifically 27
intended to include similar categories, such as "Essential Personnel Housing", 28
"Professional Housing", and "Reasonably Priced Housing". Gap housing is intended to 29
provide housing for households falling above the federal and state assistance guidelines, 30
but still unable to afford market priced homes. 31
32
# # # # # # # # # # # # # 33
34
2.06.00 – AFFORDABLE HOUSING DENSITY BONUSES 35
36
2.06.01 – Generally 37
38
A. Within most of the coastal urban designated areas identified on the future land use map of 39
the Collier County GMP, a base density of four (4) residential dwelling units per gross 40
acre is permitted. However, the base density may be adjusted depending on the 41
characteristics of the development. One characteristic of a housing development which 42
would allow the addition of density bonuses in order to increase the density over the 43
base density is the provision of affordable housing in the development. The provision of 44
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affordable housing units may add up to eight (8) 12 dwelling units per gross acre to the 1
base density of four (4) residential dwelling units per gross acre, for a total of twelve (12) 2
residential dwelling units per gross acre, plus any other density bonuses available, and 3
minus any density reduction for traffic congestion area that is required, pursuant to the 4
Collier County GMP. The total eligible density must not exceed the maximum density 5
allowed pursuant to the GMP a total of sixteen (16) dwelling units per gross acre, except 6
as allowed through use of transfer of development rights, as provided for in the growth 7
management plan. The program to accomplish this increase to provide affordable housing 8
is called the affordable housing density bonus (ADHB) program. 9
10
B. Within most of the Immokalee Urban area, as identified on the Immokalee area master 11
plan future land use map of the growth management plan, base densities are four or 12
six or eight residential dwelling units per gross acre. However, the base density may 13
be adjusted depending on the characteristics of the development. One characteristic of 14
a housing development that would allow the addition of density bonuses is the provision 15
of affordable housing in the development. The provision of affordable housing units 16
may add up to 12 eight dwelling units per gross acre to the base density of four, six 17
or eight residential dwelling units per gross acre, for a total of twelve, fourteen or 18
sixteen residential dwelling units per gross acre, plus any other density bonuses 19
available. The total eligible density must not exceed the maximum allowed pursuant to the 20
GMP a total of 16 dwelling units per gross acre. 21
22
C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as 23
identified on the future land use map of the growth management plan, towns, villages, 24
hamlets and compact rural developments are allowed at a density range of one-half to 25
four dwelling units per gross acre. The allowed density may be adjusted depending on 26
the characteristics of the development. One characteristic of a housing development 27
that would allow the addition of density bonuses is the provision of affordable housing 28
in the development. The provision of affordable housing units may add up to eight 29
dwelling units per gross acre to the allowed density of one-half to four dwelling units 30
per gross acre, for a total of eight and one-half to twelve and one-half residential 31
dwelling units per gross acre, plus any other density bonuses available. 32
33
D. In order to qualify for the AHDB for a development, the developer must apply for and 34
obtain the AHDB from the County for a development in accordance with this section, 35
especially in accordance with the provisions of the AHDB program, including the AHDB 36
rating system, the AHDB monitoring program, and the limitations on the AHDB. 37
38
1. Preapplication conference. Prior to submitting an application for AHDB, a 39
preapplication conference may be scheduled with the County Manager or his 40
designee. If the proposed development is to include affordable housing, the 41
housing and urban improvement director, must participate in the 42
preapplication conference. The preapplication conference provides an 43
opportunity to familiarize the applicant with the AHDB program and provides an 44
opportunity for the county staff to obtain a clear understanding of the proposed 45
development. The AHDB rating system, the AHDB monitoring program, the 46
limitations, criteria, procedures, standard conditions, standard forms, and other 47
information will be discussed and made available to the applicant. Depending on 48
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the type of development proposed, the application may be combined with an 1
application for a planned unit development (PUD), a rezone, or a Stewardship 2
Receiving Area. 3
4
2. Application. An application for AHDB for a development must be submitted to 5
the County Manager or his designee in the form established by the County 6
Manager or his designee. One additional copy of the application as otherwise 7
required must be provided for the housing and urban improvement director. 8
The application must, at a minimum, include: 9
10
a. Zoning districts proposed by the applicant on the property and acreage of 11
each; 12
13
b. The total number of residential dwelling units in the proposed 14
development, categorized by number of bedrooms and whether the unit 15
is to be rented or owner-occupied; 16
17
c. The total number of AHDB units requested, categorized by number of 18
bedrooms and whether the unit is to be rented or owner-occupied; 19
20
d. Total number of affordable housing units proposed in the development, 21
categorized by level of income, number of bedrooms (one bedroom, two 22
bedrooms, three bedrooms, or more), and rental units and owner-23
occupied units: 24
25
i. Gap-income households. 26
27
ii. Moderate-income households (one bedroom, two bedrooms, or 28
three bedrooms or more. 29
30
iii. Low-income households (one bedroom, two bedrooms, or three 31
bedrooms or more. 32
33
iv. Very-low-income households (one bedroom, two bedrooms, or 34
three bedrooms or more. 35
36
Total affordable housing units (one bedroom, two bedrooms, or 37
three bedrooms or more). 38
39
e. Gross density of the proposed development; 40
41
f. Whether the AHDB is requested in conjunction with an application for 42
a planned unit development (PUD), an application for rezoning, SRA an 43
application for a Stewardship Receiving Area, or a conditional use 44
application for a Commercial Mixed-Use project as provided for within 45
LDC section 4.02.38 of the LDC; and 46
47
g. Any other information which would reasonably be needed to address the 48
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request for AHDB for the development pursuant to the requirements set 1
forth in this section. 2
3
3. Determination of completeness. After receipt of an application for AHDB, the 4
County Manger or designee housing and urban improvement director shall 5
determine whether the application submitted is complete. If it is determined he 6
determines that the application is not complete, the County Manager or designee 7
housing and urban improvement director shall notify the applicant in writing of 8
the deficiencies. The County Manager or designee housing and urban 9
improvement director shall take no further steps to process the application 10
until the deficiencies have been remedied. 11
12
4. Review and recommendation by the County Manager or designee. After receipt 13
of a completed application for AHDB, the County Manager or designee must 14
review and evaluate the application in light of the AHDB rating system, the 15
AHDB monitoring program and the requirements of this section. The County 16
Manager or designee must coordinate with the Zoning Division development 17
services director or designee to schedule the AHDB application with the 18
companion application for a PUD, rezoning, SRA, or conditional use 19
planned unit development or stewardship receiving area, and must recommend 20
to the planning commission and the BCC to deny, grant, or grant with conditions, 21
the AHDB application. The recommendation of the County Manager or designee 22
must include a report in support of recommendation. 23
24
5. Review and recommendation by the planning commission. Upon receipt by the 25
planning commission of the application for AHDB and the written 26
recommendation and report of the County Manager or designee, the planning 27
commission must schedule and hold a properly advertised and duly noticed 28
public hearing on the application. If the application has been submitted in 29
conjunction with an application for a PUD, rezoning, SRA, or conditional use, 30
then the hearing must be consolidated and made a part of the public hearing 31
on the respective application for the PUD before the planning commission. 32
, and the The planning commission must consider the application for AHDB in 33
conjunction with the application for the PUD, rezoning, SRA, or conditional use. 34
If the application has been submitted in conjunction with an application for a 35
rezoning, then the hearing must be consolidated and made a part of the public 36
hearing on the application for rezoning before the planning commission, and the 37
planning commission must consider the application for AHDB in conjunction 38
with the application for rezoning. If the application has been submitted in 39
conjunction with an application for a stewardship receiving area, then the hearing 40
must be consolidated and made a part of the public hearing on the application 41
for stewardship receiving area before the planning commission, and the 42
planning commission must consider the application for AHDB in conjunction 43
with the application for stewardship receiving area. After the close of the 44
public hearing, the planning commission must review and evaluate the 45
application in light of the requirements of this section and the requirements for 46
a rezoning, PUD, rezoning, or SRA stewardship receiving area, or conditional 47
use, as applicable, and must recommend to the BCC that the application be 48
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denied, granted or granted with conditions. 1
2
6. Review and determination by Board of County Commissioners. Upon receipt by 3
the BCC of the application for AHDB and the written recommendation and 4
report of the County Manager or designee and recommendation of the planning 5
commission, the BCC must schedule and hold a properly advertised and duly 6
noticed public hearing on the application. If the application has been submitted 7
in conjunction with an application for a planned unit development (PUD), 8
rezoning, SRA, or conditional use, then the hearing must be consolidated and 9
made a part of the public hearing on the respective application for the planned 10
unit development (PUD) before the BCC, and the BCC must consider the 11
application for AHDB in conjunction with the application for the planned unit 12
development (PUD), rezoning, SRA, or conditional use. If the application has 13
been submitted in conjunction with an application for a rezoning, then the 14
hearing must be consolidated and made a part of the public hearing on the 15
application for rezoning before the BCC, and the BCC must consider the 16
application for AHDB in conjunction with the application for rezoning. If the 17
application has been submitted in conjunction with an application for a 18
stewardship receiving area, then the hearing must be consolidated and made 19
a part of the public hearing on the application for stewardship receiving area 20
before the BCC, and the BCC must consider the application for AHDB in 21
conjunction with the application for stewardship receiving area. After the close 22
of the public hearing, the BCC must review and evaluate the application in 23
light of the requirements of this section and the requirements for a PUD, 24
rezoning, SRA, or conditional use, and must deny, grant, or grant with 25
conditions, the application in accordance with the AHDB rating system and the 26
AHDB monitoring program. 27
28
E. The procedures to request approval of a density bonus are described in Chapter 10 of 29
this LDC, along with requirements for the developer's agreement to ensure compliance. 30
31
2.06.02 – Purpose and Intent 32
33
A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161 et 34
seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH Case 35
No. 89-1299 GM, by providing for moderate, low, and very-low-income housing through 36
the use of density bonuses which allow an increase in the number of residential dwelling 37
units per acre allowed on property proposed for development, thereby decreasing the 38
per unit cost of land and development. 39
40
B. This objective is accomplished by implementing an AHDB program which consists of an 41
AHDB rating system and an AHDB monitoring program. The purpose of the AHDB 42
rating system is to provide increased residential densities to developers who guarantee 43
that a portion of their housing development will be affordable by households of gap-, 44
moderate-, low-, or very-low-income, thus expanding housing opportunities for gap-, 45
moderate-, low-, and very-low-income households throughout the county. The purpose 46
of the AHDB monitoring program is to provide assurance that the program is properly 47
implemented, monitored, and enforced, and that useful information on affordable 48
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housing may be collected. 1
2
2.06.03 – AHDB Rating System 3
4
A. The AHDB rating system shall be used to determine the amount of the AHDB which may 5
be granted for a development, based on household income level, type of affordable 6
housing units (owner-occupied or rental, single-family or multi-family), and percentage 7
of affordable housing units in the development. To use the AHDB rating system, Table 8
A below, shall be used. Table A shall be reviewed and updated, if necessary, on an 9
annual basis by the BCC or its designee. 10
11
1. First, choose the household income level (50% of median income, 60% of 12
median income, or 80% of median income) of the affordable housing unit(s) 13
proposed in the development, and the type of affordable housing units (owner-14
occupied or rental, single-family or multi-family, where applicable) to be 15
provided, as shown in Table A. An AHDB based on the household income 16
level is shown in Table A. Table A will indicate the maximum number of 17
residential dwelling units per gross acre that may be added to the base 18
density. These additional residential dwelling units per gross acre are the 19
maximum AHDB available to that development. Developments with 20
percentages of affordable housing units which fall in between the percentages 21
shown on Table A shall receive an AHDB equal to the lower of the 2 percentages 22
it lies between, plus 1/10 of a residential dwelling unit per gross acre for each 23
additional percentage of affordable housing units in the development. For 24
example, a development which has 24 percent of its total residential dwelling 25
units as affordable housing units, at the 80 percent MI level will receive an AHDB 26
of 2.4 residential dwelling units per gross acre for the development. 27
28
2. Where more than 1 type of affordable housing unit (based on level of income 29
shown in Table A) is proposed for a development, the AHDB for each type shall 30
be calculated separately. After the AHDB calculations for each type of 31
affordable housing unit have been completed, the AHDB for each type of unit 32
shall be added to those for the other type(s) to determine the maximum 33
AHDB available for the development. In no event shall the AHDB exceed eight 34
(8) dwelling units per gross acre. 35
36
37
38
39
40
41
42
43
44
45
46
47
48
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Table A. Affordable-Workforce-Gap Housing Density Bonus 1
(Additional Available Dwelling Units Per Gross Acre) 2
3
Maximum Allowable Density Bonus by Percent of Development Designated as Affordable-4
Workforce-Gap Housing1 5
6
Product
(% of MI)
Maximum Allowable Density Bonus by Percent of Development Designated as
Affordable Housing1,2, 3
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Gap
(>120 - ≤140)4, 5 1 2 3 4 5 6 7 8 n/a n/a
Moderate
(>80 - ≤120)4 2 4 5 6 7 8 9 10 11 12
Low
(>50 - ≤80) 3 6 7 8 9 10 11 12 12 12
Very Low
(≤50) n/a 8 9 10 11 12 12 12 12 12
7
Product2 Household
Income
(% median)
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Gap 81-150%
MI* **
1 2 3 4 5 6
6 6 6 n/a
Moderate
Workforce
61-80%
MI* 2 3 5 8 8 8 8 8 8 8
Low 51-60% 3 4 6 8 8 8 8 8 8 8
Very Low 50% or less
MI 4 5 7 8 8 8 8 8 8 8
8
1 Total Allowable Density = Base Density + Affordable Housing Density Bonus. In no 9
event shall the maximum gross density exceed that which is allowed pursuant to the 10
GMP. 11
12
2 Developments with percentages of affordable housing units which fall in between the 13
percentages shown on Table A shall receive an AHDB equal to the lower of the two 14
percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for 15
each additional percentage of affordable housing units in the development. 16
17
3 Where more than one type of affordable housing unit (based on level of income 18
shown above) is proposed for a development, the AHDB for each type shall be 19
calculated separately. After the AHDB calculations for each type of affordable 20
housing unit have been completed, the AHDB for each type of unit shall be 21
added to those for the other type(s) to determine the maximum AHDB available 22
for the development. In no event shall the AHDB exceed 12 dwelling units per gross 23
acre. 24
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4 * Owner-occupied only 1
2
5 ** May only be used in conjunction with at least 20 10% at or below 120 80% MI 3
4
Total Allowable Density = Base Density + Affordable-Workforce-Gap Housing Density 5
Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. 6
7
B. The AHDB shall be available to a development only to the extent that it otherwise 8
complies and is consistent with the GMP and the land development regulations, 9
including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, 10
where applicable. 11
12
C. The minimum number of affordable housing units that shall be provided in a development 13
pursuant to this section shall be ten (10) percent of the total affordable housing units. 14
15
D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to 16
the ratio of the number of bedrooms per residential unit for the entire development. 17
18
2.06.04 - Limitations on Affordable Housing Density Bonus 19
20
Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all 21
of the AHDB for a development: 22
23
A. Affordable housing density bonus development agreement required. The AHDB shall 24
be available to a development only when an AHDB development agreement has been 25
entered into by the developer/ applicant and the BCC, and such agreement has been 26
approved by the county attorney and the BCC pursuant to the public hearing process 27
established in this section prior to execution. Amendments to such agreement shall be 28
processed as a regular agenda item before the BCC unless there is a companion land 29
use petitio n in the same manner as the original agreement. The AHDB development 30
agreement shall include, at a minimum, the following provisions: 31
32
1. Legal description of the land subject to the agreement and the names of its 33
legal and equitable owners. 34
35
2. Total number of residential dwelling units in the development. 36
37
3. Minimum number of affordable housing units, categorized by level of household 38
income, type of unit (single-family or multifamily, owner-occupied or rental), and 39
number of bedrooms, required in the development. 40
41
4. Maximum number of AHDB dwelling units permitted in the development. 42
43
5. Gross residential density of the development. 44
45
6. Amount of monthly rent for rental units, or the price and conditions under which an 46
owner-occupied unit will be sold, for each type of affordable housing unit in 47
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accordance with the definition for each type of affordable housing rental unit– 1
(moderate, low-, and very-low-income). 2
3
7. The foregoing notwithstanding, any rent charged for an affordable housing unit 4
rented to a low- or very-low-income household family shall not exceed 90 percent 5
of the rent charged for a comparable market rate dwelling in the same or similar 6
development. Comparable market rate means the rental; amount charged for the 7
last market rate dwelling unit of comparable market rate dwelling in the same or 8
similar development. Comparable market rate means the rental amount charged 9
for the last market rate dwelling unit of comparable square footage, amenities, and 10
number of bedrooms, to be rented in the same development the amount published 11
by the Florida Housing Finance Corporation for Collier County adjusted by income 12
level, family size, and number of bedrooms, and updated annually. 13
14
8. No affordable housing unit in the development shall be rented to a tenant 15
whose household income has not been verified and certified in accordance with 16
this division as a moderate, low-, or very-low-income household family . Such 17
verification and certification shall be the responsibility of the developer and 18
shall be submitted to the County Manager or his designee for approval. Tenant 19
income verification and certification shall be repeated annually to assure continued 20
eligibility. 21
22
9. No affordable housing unit that is to be sold, leased with option to purchase, or 23
otherwise conveyed in the development shall be sold, leased with option to 24
purchase, or otherwise conveyed to a buyer whose household income has not 25
been verified and certified in accordance with this section as a gap-, moderate-, 26
low-, or very-low-income household family. Such verification and certification shall 27
be the responsibility of the developer and shall be submitted to the County 28
Manager or his designee for approval. It is the intent of this section to keep housing 29
affordable; therefore, any person who buys an affordable housing unit must agree, 30
in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier 31
County, Florida, that if he sells the property is sold (to a non-income qualified 32
buyer, including the land and/or the unit) within 15 years after the his original 33
purchase at a sales price in excess of five percent per year of the his original 34
purchase price that he will pay to the county an amount equal to one-half of the 35
sales price in excess of five percent increase per year. The lien instrument may 36
be subordinated to a qualifying first mortgage. 37
38
10. For example, a person originally buys a designated affordable housing unit (a 39
house) for $60,000.00 and sells it after five years for $80,000.00. A five percent 40
increase per year for five years will give a value of $76,577.00. Deducting this 41
amount from the sales price of $80,000.00 gives a difference of $3,423.00. The 42
seller would then owe the county $1,711.50 (one-half of $3,423.00). Payment 43
of this amount would release the recorded lien first owner from the recorded 44
lien against the property. Such payment shall be maintained in a segregated 45
fund, established by the county solely for affordable housing purposes, and such 46
money shall be used solely to encourage, provide for, or promote affordable 47
housing in Collier County. 48
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1
11. No affordable housing unit in any building or structure in the development shall 2
be occupied by the developer, any person related to or affiliated with the 3
developer, or a resident manager. 4
5
12. When the developer advertises, rents, sells or maintains the affordable housing 6
unit, it must advertise, rent, sell, and maintain the same in a nondiscriminatory 7
manner and make available any relevant information to any person who is 8
interested in renting or purchasing such affordable housing unit. The developer 9
shall agree to be responsible for payment of any real estate commissions and 10
fees. The affordable housing units in the development shall be identified on all 11
building plans submitted to the county and described in the application for 12
AHDB. 13
14
13. The developer shall not disclose to persons, other than the potential tenant, 15
buyer or lender of the particular affordable housing unit or units, which units in 16
the development are designated as affordable housing units. 17
18
14. The square footage, construction and design of the affordable housing units shall 19
be the same as market rate dwelling units in the development. 20
21
15. The AHDB agreement and authorized development shall be consistent with the 22
growth management plan and land development regulations of Collier County 23
that are in effect at the time of development. Subsequently adopted laws and 24
policies shall apply to the AHDB agreement and the development to the extent that 25
they are not in conflict with the number, type of affordable housing units and the 26
amount of AHDB approved for the development. 27
28
16. The affordable housing units shall be intermixed with, and not segregated 29
from, the market rate dwelling units in the development. 30
31
17. The conditions contained in the AHDB development agreement shall constitute 32
covenants, restrictions, and conditions which shall run with the land and shall be 33
binding upon the property and every person having any interest therein at any time 34
and from time to time. 35
36
18. The AHDB development agreement shall be recorded in the official records of 37
Collier County, Florida, subsequent to the recordation of the grant deed pursuant 38
to which the developer acquires fee simple title to the property. 39
40
19. Each affordable housing rental unit shall be restricted to remain and be maintained 41
as the type of affordable housing rental unit (moderate, low or very-low-42
income) designated in accordance with the AHDB development agreement for 43
at least 30 15 years from the issuance of a certificate of occupancy for such unit. 44
45
20. Each affordable housing owner -occupied unit shall be restricted to remain and be 46
maintained as the type of affordable housing owner-occupied unit (g a p -, 47
m o d e r a t e -, low-, or very-low-income) designated in accordance with the 48
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AHDB development agreement for at least 15 years from the issuance of a 1
certificate of occupancy for such unit. 2
3
21. The developer and owner of a rental the development shall provide on-site 4
management to assure appropriate security, maintenance and appearance of the 5
development and the dwelling units where these issues are a factor. 6
7
B. Compliance with growth management plan and land development regulations. The AHDB 8
shall be available to a development only to the extent that it otherwise complies and is 9
consistent with the GMP and the land development regulations, including the procedures, 10
requirements, conditions and criteria for planned unit developments (PUDs) and 11
rezonings, where applicable. 12
13
C. Minimum number of affordable housing units. The minimum number of affordable 14
housing units that shall be provided in a development pursuant to this section shall be 15
ten 10 percent of the total affordable housing units. 16
17
D. Nontransferable. The AHDB is not transferrable between developments or properties. 18
19
E. Phasing. In the case where a development will occur in more than one phase, the 20
percentage of affordable housing units to which the developer has committed for the 21
total development shall be maintained in each phase and shall be constructed as 22
part of each phase of the development on the property. For example, if the total 23
development's AHDB is based on the provision of ten percent of the total dwelling units 24
as affordable housing rental units for low income households with two bedrooms per 25
unit, then each phase must maintain that same percentage (10 ten percent in this case) 26
cumulatively. 27
28
2.06.05 - Affordable Housing Density Bonus Monitoring Program 29
30
A. Annual progress and monitoring report. The AHDB for a development shall be subject to 31
the AHDB monitoring program set forth in this section. The developer shall provide the 32
County Manager or his designee with an annual progress and monitoring report regarding 33
the delivery of affordable housing rental/ownership units throughout the period of their 34
construction, rental, sale, and occupancy for each of the developer's developments which 35
involve the AHDB in a form developed by the County Manager or his designee. The 36
annual progress and monitoring report shall, at a minimum, require any information 37
reasonably helpful to ensure compliance with this section and provide information with 38
regard to affordable housing in Collier County. To the extent feasible, the County 39
Manager or his designee shall maintain public records of all dwelling units (AHDB and 40
affordable housing units) constructed pursuant to the AHDB program, all affordable 41
housing units constructed pursuant to the AHDB program, occupancy statistics of such 42
dwelling units, complaints of violations of this section which are alleged to have 43
occurred, the disposition of all such complaints, a list of those persons who have 44
participated as tenants or buyers in the AHDB program, and such other records and 45
information as the County Manager or his designee believes may be necessary or 46
desirable to monitor the success of the AHDB program and the degree of compliance 47
therewith. Failure to complete and submit the monitoring report to the County Manager 48
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or his designee within 60 days from the due date will result in a penalty of up to $50.00 1
per day per incident or occurrence unless a written extension not to exceed 30 days is 2
requested prior to expiration of the 60-day submission deadline. 3
4
B. Income verification and certification. 5
6
1. Eligibility. The determination of eligibility of gap, moderate, low, and very-low-7
income households to rent or buy and occupy affordable housing units is the 8
central component of the AHDB monitoring program. Household income eligibility 9
is a three-step process: 10
11
(a) Submittal of an application by a buyer or tenant; 12
13
(b) Verification of household income; and 14
15
(c) Execution of an income certification. 16
17
All three shall be accomplished prior to a buyer or tenant being qualified as an 18
eligible household to rent or purchase and occupy an affordable housing unit 19
pursuant to the AHDB program. No person shall occupy an affordable housing 20
unit provided under the AHDB program prior to being qualified at the appropriate 21
level of income (gap, moderate, low or very-low-income). 22
23
Eligibility. The determination of eligibility of moderate, low, and very low 24
income families to rent or buy and occupy affordable housing units is the central 25
component of the AHDB monitoring program. Family income eligibility is a three-26
step process: (1) submittal of an application by a buyer or tenant; (2) verification 27
of family income; and (3) execution of an income certification. All three shall be 28
accomplished prior to a buyer or tenant being qualified as an eligible family to rent 29
or purchase and occupy an affordable housing unit pursuant to the AHDB program. 30
No person shall occupy an affordable housing unit provided under the AHDB 31
program prior to being qualified at the appropriate level of income (moderate, low 32
or very low income). 33
34
2. The developer shall be responsible for accepting applications from buyers or 35
tenants, verifying income and obtaining the income certification for its development 36
which involves AHDB, and all forms and documentation must be provided to the 37
County Manager or his designee prior to qualification of the buyer or tenant as 38
a gap-, moderate-, low-, or very-low-income household family. The County 39
Manager or his designee shall review all documentation provided, and may verify 40
the information provided from time to time. Prior to occupancy by a qualified 41
buyer or tenant, the developer shall provide to the County Manager or his 42
designee, at a minimum, the application for affordable housing qualification, 43
including the income verification form and the income certification form, and the 44
purchase contract, lease, or rental agreement for that qualified buyer or tenant. 45
At a minimum, the lease shall include the name, address and telephone number 46
of the head of household and all other occupants, a description of the unit to be 47
rented, the term of the lease, the rental amount, the use of the premises, and 48
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the rights and obligations of the parties. Random inspections to verify occupancy 1
in accordance with this section may be conducted by the County Manager or his 2
designee. 3
4
3. Application. A potential buyer or tenant shall apply to the developer, owner, 5
manager, or agent to qualify as a gap-, moderate-, low-, or very-low-income 6
household f a m i l y for the purpose of renting, or owning and occupying an 7
affordable housing rental unit pursuant to the AHDB program. The application for 8
affordable housing qualification shall be in a form provided by the County Manager 9
or his designee and may be a part of the income certification form. 10
11
4. Income verification. The County Manager or his designee or the developer shall 12
obtain written verification from the potential occupant (including the entire 13
household) to verify all regular sources of income to the potential tenant/owner 14
(including the entire household). The written verification form shall include, at a 15
minimum, the purpose of the verification, a statement to release information, 16
employer verification of gross annual income or rate of pay, number of hours 17
worked, frequency of pay, bonuses, tips and commissions and a signature block 18
with the date of application. The verification may take the form of the most recent 19
year's federal income tax return for the potential occupants (including the entire 20
household), a statement to release information, tenant verification of the return, 21
and a signature block with the date of application. The verification shall be valid 22
for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the 23
information may be verbally updated from the original sources for an additional 24
30 days, provided it has been documented by the person preparing the original 25
verification. After this time, a new verification form must be completed. The income 26
verification may take the form of the most recent year’s filed income tax return for 27
each occupant who had filed and will occupy the affordable housing unit. 28
29
5. Income certification. Upon receipt of the application and verification of income, 30
an income certification form shall be executed by the potential buyer or tenant 31
(including the entire household) prior to sale or rental and occupancy of the 32
affordable housing unit by the owner or tenant. Income certification that the 33
potential occupant has a gap-, moderate-, low-, or very-low-income household 34
income qualifies the potential occupant as an eligible household family to 35
buy or rent and occupy an affordable housing unit under the AHDB program. The 36
income certification shall be in a form provided by the County Manager or his 37
designee. 38
39
6. The Developer shall be deemed in compliance with the AHDB agreement if the 40
Developer has complied with the tenant eligibility and qualification requirements of 41
the Florida Housing Finance Corporation by providing the County Community and 42
Human Services Division a copy of the annual Florida Housing Finance Corporation 43
compliance and program reports. 44
45
46
47
48
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2.06.06 - Violations and Enforcement 1
2
A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell 3
or occupy, an affordable housing rental unit provided under the AHDB program except 4
as specifically permitted by the terms of section 2.06.00, or to knowingly give false or 5
misleading information with respect to any information required or requested by the 6
County Manager or his designee or by other persons pursuant to the authority which is 7
delegated to them by section 2.06.00. 8
9
B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, 10
a notice of violation shall be issued and sent by the County Manager or his designee by 11
certified return receipt requested U.S. mail, or hand delivery to the person or developer 12
in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed 13
and dated by the County Manager or his designee or such other county personnel 14
as may be authorized by the BCC, shall specify the violation or violations, shall state 15
that said violation(s) shall be corrected within 10 ten days of the date of notice of 16
violation, and shall state that if said violation(s) is not corrected by the specified date that 17
civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by 18
the specified date in the notice of violation, the County Manager or his designee shall 19
issue a citation which shall state the date and time of issuance, name and address 20
of the person in violation, date of the violation, section of these regulations, or 21
subsequent amendments thereto, violated, name of the County Manager or his 22
designee, and date and time when the violator shall appear before the code enforcement 23
board. 24
25
C. Criminal enforcement. Any person who violates any provision of this section shall, upon 26
conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment 27
in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions 28
of F.S. § 125.69. Such person also shall pay all costs, including reasonable 29
attorney ’s fees, including those incurred on appeal, involved in the case. Each day 30
such violation continues, and each violation, shall be considered a separate offense. 31
32
D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant 33
to section 2.06.06 C. above, Collier County and the County Manager or his designee 34
shall have full power to enforce the terms of this section and any AHDB development 35
agreements, rezoning conditions or stipulations, and planned unit development (PUD) 36
conditions and stipulations pursuant to this section and the rights, privileges and 37
conditions described herein, by action at law or equity. In the event that it is determined 38
that a violation has occurred and has not or will not be corrected within 60 days, the 39
certificate of occupancy for all AHDB units within the development shall be withdrawn and 40
the sanctions or penalties provided in the AHDB development agreement shall be 41
pursued to the fullest extent allowed by law. 42
43
# # # # # # # # # # # # # 44
1
L:\LDC Amendments\Current Work\Commercial Landscaping (PL20180002769)\Second Draft\4.06.02 and 4.06.05 Commercial Landscaping 9-18-18.docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180002632
SUMMARY
This Board directed amendment places new restrictions on the replacement
and removal of required landscaping trees at commercial shopping centers.
The amendment seeks to maintain mature canopy trees at shopping centers
and their value to the surrounding neighborhood.
LDC SECTIONS TO BE AMENDED
4.06.02 Buffer Requirements
4.06.05 General Landscaping Requirements
ORIGIN
Board of County
Commissioners
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 10/16/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
On January 23, 2018, the Board directed staff to draft LDC standards that maintain the ability to change
existing landscaping plans while also ensuring those changes would retain mature canopy trees and
maintain an aesthetically pleasing community appearance.
This amendment makes four modifications to the landscaping requirements for shopping centers to
minimize the impact of mature landscaping being replaced with minimum sized trees:
1. Allows additional spacing in Type D buffers for improved visibility into shopping centers.
2. Prohibits slash pine and bald cypress in new landscaping plans or existing landscaping plans
that are removing trees from the Vehicle Use Area (VUA) or Type D buffer.
3. Limits the large-scale removal or replacement of required trees in the VUA and Type D Buffer
to 50 percent of the required trees within a period of 15 years.
4. Provides an exemption for trees removed through a cultivated tree removal permit, or to replace
diseased or dead trees.
See Exhibit A for additional background, justification, and other considerations.
FISCAL & OPERATIONAL IMPACTS
The amendment will increase costs for shopping
center owners when proposing to replace or
remove more than 50 percent of the required trees
and may result in unexpected costs when
proposals trigger the limitation. There are no
anticipated fiscal or operational impacts to Collier
County.
GMP CONSISTENCY
Based upon the attached analysis, the proposed
LDC amendment may be deemed consistent with
the GMP (See Exhibit B).
EXHIBITS: A) Additional Background and Justification B) GMP Consistency Review
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Amend the LDC as follows:
1
4.06.02 Buffer Requirements 2
3
* * * * * * * * * * * * * 4
C. Types of buffers. Within a required buffer strip, the following types of buffers shall be used 5
based on the matrix in table 2.4. (See Figure 4.06.02.C-1) 6
7
* * * * * * * * * * * * * 8
4. Type D Buffer: A landscape buffer shall be required adjacent to any road right-of-9
way external to the development project and adjacent to any primary access roads 10
internal to a commercial development. Said landscape buffer shall be consistent 11
with the provisions of the Collier County Streetscape Master Plan, which is 12
incorporated by reference herein. The minimum width of the perimeter landscape 13
buffer shall vary according to the ultimate width of the abutting right-of-way. Where 14
the ultimate width of the right-of-way is zero to 99 feet, the corresponding 15
landscape buffer shall measure at least ten feet in width. Where the ultimate width 16
of the right-of-way is 100 or more feet, the corresponding landscape buffer shall 17
measure at least 15 feet in width. Developments of 15 acres or more and 18
developments within an activity center shall provide a perimeter landscape buffer 19
of at least 20 feet in width regardless of the width of the right-of-way. Activity center 20
right-of-way buffer width requirements shall not be applicable to roadways internal 21
to the development. 22
23
a. Trees shall be spaced no more than 30 feet on center in the landscape 24
buffer abutting a right-of-way or primary access road internal to a 25
commercial development. As an alternative for shopping centers, the 26
following tree spacing may be allowed through a landscaping plan change 27
to provide additional visibility into shopping centers: 28
29
i. Trees may be spaced no more than 60 feet on center, and 30
31
ii. There shall be at least three consecutive trees on both sides of the 32
60-foot spacing. Said trees shall be spaced no more than 30 feet 33
on center with at least a 30-foot crown spread per tree at the time 34
of the alternative spacing approval. 35
36
# # # # # # # # # # # # # 37
38
4.06.05 – General Landscaping Requirements 39
40
* * * * * * * * * * * * * 41
D. Plant Material Standards 42
* * * * * * * * * * * * * 43
2. Trees and palms. All required new individual trees, shall be species having an 44
average mature spread or crown of greater than 20 feet in the Collier County area 45
and having trunk(s) which can be maintained in a clean condition over five feet of 46
clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be 47
maintained in a clean condition over eight feet of clear wood. Trees having an 48
average mature spread or crown less than 20 feet may be substituted by grouping 49
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the same so as to create the equivalent of 20-foot crown spread. For code-required 1
trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet 2
in height, have a 1¾-inch caliper (at 12 inches above the ground) and a four-foot 3
spread. 4
5
a. A grouping of three palm trees will be the equivalent of one canopy tree. 6
Exceptions will be made for Roystonea spp. and Phoenix spp. (not 7
including roebelenii) which shall count one palm for one canopy tree. Palms 8
may be substituted for up to 30 percent of required canopy trees with the 9
following exceptions. No more than 30% percent of canopy trees may be 10
substituted by palms (or palm equivalent) within the interior of a vehicular 11
use area and within each individual Type D road right-of-way landscape 12
buffer. Palms must have a minimum of 10 feet of clear trunk at planting. 13
14
b. All new trees, including palms, shall be of a species having an average 15
mature height of 15 feet or greater. 16
17
c. As of {Effective date of this Ordinance}, new landscaping plans shall not 18
include slash pine (Pinus elliottii) or bald cypress (Taxodium distichum) 19
within the vehicular use areas or Type D buffers. 20
21
* * * * * * * * * * * * * 22
O. Tree replacement or removal in shopping centers. 23
24
1. Purpose and intent. This section is intended to apply to the removal or replacement 25
of existing, mature, canopy trees within Type D buffers and vehicular use areas at 26
shopping centers. Extensive changes to mature landscaping have the potential to 27
impact aesthetic appearance, native plant preservation, buffering, and shade. This 28
section is not intended to prohibit other activities related to the development, 29
redevelopment, or maintenance of shopping centers. 30
31
2. Standards for tree replacement or removal within Type D buffers and vehicular use 32
areas at shopping centers. 33
34
a. A maximum of 50 percent of the required trees per 15-year period may be 35
replaced or removed through a landscaping plan change. 36
37
b. Replacement trees within Type D buffers and vehicular use areas at 38
shopping centers shall not include slash pine (Pinus elliottii) or bald cypress 39
(Taxodium distichum). 40
41
c. Replaced or removed trees shall not be located entirely within one 42
contiguous area and shall be evenly dispersed throughout the Type D 43
buffers and vehicular use areas. 44
45
3. Exemption. These standards shall not apply to removal of trees through a 46
cultivated tree removal permit or to replace diseased or dead trees. 47
48
4. Applicants may request a PUD deviation or variance, as applicable, to the limitation 49
on replacement or removal of required trees. 50
# # # # # # # # # # # # # 51
Exhibit A – Additional Background and Justification
4
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Amendment History
Over several years, residents have petitioned the Board regarding perceived aesthetic impacts on
surrounding residential neighborhoods when mature canopy trees are removed from shopping
centers and replaced with the LDC’s minimum tree planting requirements.
On January 23, 2018, Zoning Division staff presented background information to the Board
regarding landscaping changes in shopping centers, and potential LDC changes that could mitigate
the perceived impacts on the surrounding community from the loss of mature canopy trees. The
Board directed staff to draft LDC standards that maintain the ability to change existing landscaping
plans while also ensuring any changes would retain mature canopy trees and maintain an
aesthetically pleasing community appearance.
A previous version of this amendment which proposed a requirement for larger replacement trees
was reviewed by the Development Services Advisory Committee (DSAC) and the Collier County
Planning Commission (CCPC). On June 21, 2018, staff presented price and availability data for
trees with a five to six-inch caliper to the CCPC. In response to the increased costs and limited
availability, the CCPC unanimously recommended not to adopt the proposed amendment, and to
direct staff to review a new LDC amendment to be further refined with the following elements:
1. A limitation on the percentage of trees that may be removed or replaced within a given
period of time.
a. The trees removed should not be clustered in one area but should be spread
throughout the project.
b. The period of time established should be based on the expected life and canopy
growth rates of removed and replaced tree species.
2. A limitation on the use of Slash pine and Bald Cypress trees within the Type D buffer for:
a. New landscaping plans, and
b. Existing landscaping plans when replacing or removing required trees from the
Type D buffer or VUA.
3. An allowance for additional spacing between buffer trees in certain instances to allow for
improved visibility into shopping centers.
Existing Standards
For many types of development, when trees are replaced in the VUAs or Type D buffers, the
replacement trees are required to meet the same minimum standards for landscaping material
required for new developments. The minimum tree height, caliper, and canopy spread required at
the time of installation are:
• Height: 10 feet,
• Caliper: 1 ¾ inches, and
• Canopy spread: four feet.
However, when trees are replaced in the VUAs or Type D buffers at shopping centers, the
replacement trees are required to meet the minimum standards in LDC section 4.06.03 B.9:
• Height: 14 to 16 feet,
Exhibit A – Additional Background and Justification
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• Caliper: three to four inches,
• Canopy spread: six to eight feet, and
• Clear trunk height: six feet high.
These larger trees are only required at shopping centers, which are defined in LDC Section 1.08.02:
“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.”
Additionally, trees within Type D buffers are required to be spaced no more than 30 feet on center.
This amendment does not propose any changes to the minimum height, caliper, canopy spread, or
clear trunk height of trees planted at shopping centers.
Proposed Standards
The proposed standards are intended to balance the value of mature canopy trees to the surrounding
neighborhoods and property owners with the need to redesign and update the appearance of
shopping centers. The standards are intended to allow for regular updates to shopping centers while
maintaining existing mature trees.
Proposed Changes to LDC Section 4.06.05 C.4.a.i:
Changes to this section establish new tree spacing standards within Type D buffers to provide
better visibility to shopping center buildings and wall signage. This new standard would allow
increased tree spacing from 30 feet on-center to 60 feet on-center when at least three trees on both
sides of the 60 feet on-center spacing have a minimum of a 30-foot crown spread per tree. This
arrangement is depicted in Figure 1.
Figure 1: Illustration of proposed visibility spacing within Type D buffers.
Exhibit A – Additional Background and Justification
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Proposed Changes to LDC Section 4.06.02 D.2.c:
Changes to this section prohibit slash pine and bald cypress trees within the VUA and Type D
buffer area in new landscape plans because they do not provide adequate canopy or flourish in
irrigated areas of a site. The inadequate canopy and visual buffer are shown in Figures 2 and 3.
Figure 2: Bald cypress trees do not provide adequate canopy when leaves fall.
Figure 3: Slash pine trees do not provide an adequate visual buffer.
Exhibit A – Additional Background and Justification
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Proposed New LDC Section 4.06.05 O.:
This new section limits the large-scale removal or replacement of mature canopy trees through a
restriction on removing or replacing more than 50 percent of required trees within the VUA or
Type D buffer within each 15-year period. For example, Figure 1 demonstrates one potential
distribution of replaced or removed trees throughout the site. The limitation is based on public
input during the amendment vetting process and a review of tree growth rates described in the Tree
Growth Analysis section below.
Figure 1. Example Distribution of Replaced or Removed Trees Throughout the Site
This section also prohibits the use of slash pine or bald cypress trees as replacement trees within
VUAs or Type D buffers and requires removal and replacement of trees to be evenly dispersed
throughout the VUA and Type D buffers.
Additionally, an exemption is provided for the trees removed through a cultivated tree removal
permit, or to replace diseased or dead trees.
Since the applicability of the proposed standards is limited to VUAs and Type D buffers, this
section would not apply to building foundation plantings or any other required landscaping.
Implementation
The proposed changes will be implemented through the existing Landscaping Plan review process.
Landscaping plans for commercial shopping centers are approved through a Site Development
Plan (SDP) and changes to an SDP (SDPA or SDPI).
Exhibit A – Additional Background and Justification
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SDPs are administratively approved by the Growth Management Department and do not require
public notice or a public hearing.
Proposals to replace or remove trees within the Vehicle Use Area (VUA) or Type D buffer would
require the landscaping plan to include a calculation of the percentage of required trees proposed
to be removed or replaced.
The determination whether trees may be removed or replaced through a landscaping plan change
will function similar to the cultivated tree removal permit review. When a landscape plan change
is submitted, landscape plan review staff will review the percentage of trees removed or replaced
within the past 15 years. The landscaping plan change would only be approved if all landscaping
plan changes within the past 15 years do not exceed 50 percent of required trees.
Shopping centers may request relief from the 50 percent limitation through the PUD Deviation or
Variance processes, as applicable. Both processes provide for public notice and public hearings.
Tree Growth Analysis
On June 21, 2018, the CCPC recommended that the limitations in the proposed amendment should
be based on growth rates of canopy trees. To satisfy this request, staff consulted the Native Trees
for South Florida1 published by the University of Florida’s Institute of Food and Agricultural
Sciences (IFAS), which includes growth rate information for a variety of tree species. Growth rates
are reproduced in the following table for those species that currently qualify as canopy trees in
Collier County.
Table 1. Tree Growth Rates from UF IFAS Extension
Common Name Natural
Height (ft)
Growth
Rate
Growth per
year (ft)
Red maple 35-50 Fast >2
Gumbo limbo, tourist tree 40 - 60 Medium 1 to 2
Fiddlewood 25 - 30 Slow <1
Sea grape 15 - 30 Medium 1 to 2
Willow-leaved bustic 30 - 50 Medium 1 to 2
Wild tamarind 40 - 50 Fast >2
Sweetbay 40 - 60 Medium 1 to 2
False mastic 45 - 70 Slow <1
South Florida slash 80 - 100 Fast >2
Jamaican dogwood, fish-poison tree 35 - 50 Fast >2
Sycamore 70 - 110 Fast >2
West Indian cherry 15 - 40 Medium 1 to 2
Laurel oak 60 - 100 Fast >2
Live oak 50 - 80 Medium 1 to 2
Royal palm 60 - 125 Medium 1 to 2
1 Meerow, A.W., Broschat, T.K, and Donselman, H.M. (2017). Native Trees for South Florida. University of Florida
IFAS Extension. Document EES-57.
Exhibit A – Additional Background and Justification
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Soapberry 35 - 45 Medium 1 to 2
Paradise tree 35 - 50 Slow <1
Mahogany 35 - 60 Fast >2
Bald cypress 60 - 100 Medium 1 to 2
Wild lime 20 - 30 Medium 1 to 2
It is important to note that growth rates may be influenced by a variety of factors such as soil,
drainage, water, fertility, light, exposure. These conditions may vary from site to site and year to
year.
The IFAS growth rates were used to determine the potential time required for newly planted trees
to grow from the code minimum canopy spread of 6 to 8 feet, to the code “mature” canopy spread
of 20 feet. For the purposes of this amendment, growth rates of tree height were assumed to be the
same as growth rates of canopy spread. Using this methodology, the canopy trees listed above
require a minimum of 6 and a maximum of 14 years to reach a “mature” canopy spread. Given
that trees in parking lots may not represent ideal growing conditions, this amendment establishes
a limitation of 15 years before additional trees can be removed or replaced to ensure adequate time
for canopy growth.
Exhibit B –GMP Consistency Analysis
10
Growth Management Department
Zoning Division
Memorandum
To: Jeremy Frantz, AICP, Manager, Land Development Code Section
From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section
Date: September 14, 2018
Subject: Growth Management Plan (GMP) Consistency Review
PETITION NUMBER: LDCA-PL20180002769 REV:1
PETITION NAME: LDC Sec. 4.06.02 & 4.06.05, Commercial Landscaping
REQUEST: Amend LDC Sections 4.06.02 & 4.06.05, Commercial Landscaping, by making three
modifications to the landscaping requirements for shopping centers to minimize the impact of mature
landscaping being replaced with minimum sized trees:
1. Allows additional spacing in Type D buffers for improved visibility into shopping centers.
2. Prohibits slash pine and bald cypress in new landscaping plans or existing landscaping plans that are
removing trees from the Vehicle Use Area (VUA) or Type D buffer.
3. Limits the large-scale removal or replacement of required trees in the VUA and Type D Buffer to 50
percent of the required trees within a period of 15 years.
4. Provides an exemption for trees removed through a cultivated tree removal permit, or to replace
diseased or dead trees.
COMPREHENSIVE PLANNING COMMENTS: In the limited areas where the Growth Management
Plan’s (GMP) land use elements (Future Land Use Element, Golden Gate Area Master Plan, Immokalee
Area Master Plan) address landscaping, there is no specificity provided that would conflict with the
proposed Land Development Code (LDC) amendment. In the Conservation and Coastal Management
Element (CCME), Policy 6.1.7 states, in relevant part: “The County shall require native vegetation to be
incorporated into landscape designs in order to promote the preservation of native plant communities and
to encourage water conservation. This shall be accomplished by: (1) Providing incentives for
retaining existing native vegetation in landscaped areas; (2) Establishing minimum native vegetation
requirements for new landscaping.” The proposed changes in this LDC amendment are not in conflict
with this policy.
CONCLUSION:
Based upon the above analysis, the proposed LDC amendment may be deemed consistent with the
GMP.
IN CITYVIEW
cc: Michael Bosi, AICP, Zoning Director
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180001993
SUMMARY
This amendment proposes a new review process for airspace obstructions
within Collier County and proposes new compatibility regulations based on
the requirements within Chapter 333, Florida Statutes (F.S.).
LDC SECTIONS TO BE AMENDED
2.03.07 Overlay Zoning Districts
4.02.06 Standards for Development in Airport Zones
Appendix D Airport Zoning
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 10/16/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
In 2016, the provisions within Chapter 333, F.S., were modified with the passing of HB 7061. The
changes to Chapter 333, F.S., include: modifications and additions to the existing defined terms; updates
to the standards for airport land use compatibility zoning regulations; updates to the appeals and judicial
review processes; updates to the criteria for Florida Department of Transportation (FDOT) evaluation of
airport protection zoning permit applications; and updates to the criteria and processes for political
subdivisions’ airport protection zoning regulations.
Section 333.03, F.S. states that political subdivisions having airport protection zoning regulations must,
at a minimum, require:
• A permit for the construction or alteration of any obstruction;
• Obstruction marking and lighting for obstructions;
• Documentation showing compliance with the federal requirement for notification of
proposed construction or alteration of structures and a valid aeronautical study submitted by
each person applying for a permit;
• Consideration of the criteria in section 333.025(6), F.S., when determining whether or issue
or deny a permit; and
• That the approval of a permit not be based solely on the determination by the Federal Aviation
Administration that the proposed structure is not an airport hazard.
Additionally, section 333.135, F.S., requires any airport zoning regulation that conflicts with Ch. 333,
F.S. to be amended for conformity. To comply with the requirements of Ch. 333. F.S., the following
changes to LDC section 4.02.06 have been made:
(1) A new Definitions section that references Ch. 333, F.S. The referenced definitions, as
amended, will be applicable to terms utilized within this section.
(2) A new Requirements for Airspace Obstructions section was added to create a new process for
reviewing potential airspace obstructions and hazards. This process was previously under the
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jurisdiction of the FDOT and deemed a variance process. The specific considerations for
approving or denying airspace obstructions have been established by Ch. 333, F.S., which
have been incorporated into this LDC section. This added section also includes the
requirements of airspace obstruction marking and lighting.
(3) The Airport Land Use Restrictions section was renamed to Airport Land Use Compatibility
Regulations. This section has also been updated to address airport land use compatibility
regulations that relate to the prohibition of new landfills and the restriction of existing
landfills, within a certain proximity to airports.
(4) Throughout the text, terminology updates have been made for consistency with state and
federal regulations.
The following additional changes, that are not a direct result of the update to Ch. 333, F.S, have been
made:
(1) LDC section 2.03.07 C has been updated to include a reference to the airport maps within
Appendix D and to the Official Zoning Atlas, and to the additional regulations set forth within
LDC section 4.02.06.
(2) The information within Tables 4-8 have been updated with assistance from the Naples Airport
Authority (NAA) and Collier County Airport Authority (CCAA). The updates reflect the
accurate runway numbers and correlated runway type.
(3) The Exemptions section has been relocated for organizational purposes and contains no
change to content.
(4) In coordination with the NAA and the CCAA, the Naples Airport Map, the Marco Island
Executive Airport Map, and the Immokalee Airport Map, located within Appendix D of the
LDC, have been replaced with new maps. The existing maps have become outdated and are
illegible. The maps play an important role in visually depicting the various airspace surfaces,
identified within LDC section 4.02.06, and aid in determining height limitations for
obstructions.
The new maps accurately reflect the location and scope of the different airspace surfaces that
have changed based on the updates to the airport’s master plans. For instance, the existing
surface contours on the Naples Airport Map that extend NE to SW are noticeably missing
from the new map, this is due to an approach surface that no longer exists.
FISCAL & OPERATIONAL IMPACTS
There will be operational and fiscal impacts to the
County due to this amendment. The amendment
will require an additional component of review
for airspace obstructions and will require
additional zoning reviews for building permits
that would not have previously been required.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff.
EXHIBITS: A) Implementation of Airspace Obstruction Review B) FDOT-ASO Correspondence
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Amend the LDC as follows:
1
2.03.07 – Overlay Zoning Districts 2
A. Corridor Management Overlay (CMO). 3
* * * * * * * * * * * * * 4
C. Airport Overlay (APO). The purpose and intent of the (APO) district is to provide both 5
airspace protection and land use compatibility in relation to the normal operation of public-6
use airports located within the County, including the Naples Municipal Airport, Everglades 7
City Airpark, Marco Island Executive Airport, Immokalee Regional Airport, and all existing 8
and future public-use airports and heliports in the County. The purpose and intent of these 9
regulations shall be as follows: 10
1. To attempt to promote maximum safety of aircraft arriving at and departing from 11
all public-use airports located within the County; 12
a. To attempt to promote maximum safety of residents and property within 13
areas surrounding public-use airports located within the County; 14
b. To attempt to promote full utility of the public-use airports within the County; 15
c. To provide development standards for land uses within prescribed noise 16
zones associated with the normal operation of public-use County airports; 17
d. To provide building height standards for use within the approach, 18
transitional, horizontal, and conical zonessurfaces so as to encourage and 19
promote proper development beneath such areas; 20
e. To provide administrative and enforcement procedures for the efficient and 21
uniform regulation of all development proposals within such areas; and 22
f. That in addition to the regulations applicable to land zoned, as indicated in 23
the Official Zoning Atlas, the following regulations are additionally 24
applicable to lands in the County in the vicinity of the Naples Municipal, 25
Everglades, Marco Island, and Immokalee airports as indicated on the 26
airport zoning maps of the County. The APO is shown on the Airport Zoning 27
Maps in Appendix D, and the boundaries of the APO are identified on the 28
Official Zoning Atlas with a reference to Appendix D. The Llands lying 29
within various zonessurfaces as indicated on the airport zoning maps are 30
subject to the additional regulations set out in thisLDC sSection 4.02.06. 31
* * * * * * * * * * * * * 32
# # # # # # # # # # # # # 33
34
4.02.06 - Standards for Development within the Airport Overlay (APO)Zones 35
A. Definitions. The definitions of Chapter 333, F.S, Airport Zoning, as amended, shall be 36
applicable to the terms of this section, unless the text and/or context of this section 37
provides otherwise. 38
AB. There are hereby created and established certain surfaces, which include all of the land 39
lying beneath the approach, transitional, primary, horizontal, and conical surfaces, and 40
other surfaces upon which an obstruction may be established as they apply to public-use 41
a particular airports. The surfaces Such zones are shown on the Naples Municipal, Marco 42
Island Executive, Everglades City, and Immokalee Regional Airport zoning maps, 43
contained within Appendix D of the LDC and declared to be made a part of this LDC. An 44
area located in more than one of the described zones surfaces is subject to the most 45
restrictive surface standard considered to be only in the zone with the most restrictive 46
height limitation. 47
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BC. Primary surface. An area longitudinally aligned along the runway centerline, ext ending 1
200 feet beyond each end of the runway with the width so specified for each runway for 2
the most precise approach existing or planned for either end of the runway. 3
CD. Primary surface height. No structure or obstruction will be permitted within the primary 4
surface area that is not part of the landing and takeoff area and is of greater height than 5
the nearest point on the runway centerline with the exception of FAA approved navigation 6
aids. 7
DE. The width of each primary surface is as follows: 8
Table 4. Primary Surface Width 9
Airports Runway Type Width
(feet)
Naples Municipal 14-32 Other than utility/non-precision
instrument
500
5-23 Other than utility/non-precision
instrument
1,000
500
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
500
Everglades City Airpark 15-33 Utility/Visual 250
Immokalee Regional Airport 9-27 Other than utility/ non-precision
instrument
1,000
500
18-36 Other than utility/non-precision
instrument
500
4-22 Utility/Visual 250
10
EF. Horizontal zone surface. A horizontal plane 150 feet above the established airport 11
elevation, the perimeter of which is constructed by swinging arcs for specified radii from 12
the center of each end of the primary surface of each runway of each airport and 13
connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as 14
follows: 15
Table 5. Horizontal Zone Surface Radius 16
Airports Runway Type Radius
(feet)
Naples Municipal 14-32 Other than utility/non-precision
instrument
10,000
5-23 Other than utility/non-precision
instrument
10,000
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
10,000
Everglades City Airpark 15-33 Utility/Visual 5,000
Immokalee Regional Airport 9-27 Other than utility/ non-precision
instrument
10,000
18-36 Other than utility/non-precision
instrument
10,000
4-22 Utility/Visual 5,000
17
FG. Horizontal zone surface height. No structure or obstruction will be permitted in the 18
horizontal zone surface that has a height greater than 150 feet above the airport height. 19
GH. Conical zone surface. The conical zone surface is the area extending outward and upward 20
from the periphery of the horizontal zone surface for a distance of 4,000 feet. Height 21
limitations for structures in the conical zone surface are 150 feet above airport height at 22
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the inner boundary with permitted height increasing one (1) foot vertically for every twenty 1
(20) feet of horizontal distance measured outward from the inner boundary to a height of 2
350 feet above airport height at the outer boundary. 3
HI. Approach zone surface. The approach zone surface is an area longitudinally centered on 4
the extended runway centerline and extending outward and upward from each end of the 5
primary surface. An approach zone surface is designated for the end of each runway 6
based upon the type of approach available or planned for that runway end. 7
1. Approach zone surface width. The inner edge of the approach zone surface is the 8
same width as the primary surface. The outer width of the approach zone surface 9
is prescribed for the most precise approach existing or planned for that runway 10
end expanding uniformly to the following widths: 11
Table 6. Approach Zone Surface Width (feet) 12
Airports Runway Type Width
Naples Municipal 14-32 Other than utility/non-precision
instrument
3,500
5 Other than utility/non-precision
instrument
16,000
3,500
23 Other than utility/non-precision
instrument
16,000
3,500
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
3,500
Everglades City Airpark 15-33 Utility/visual 1,250
Immokalee Regional Airport 9 Other than utility/non-precision
instrument
16,000
4,000
27 Other than utility/non-precision
instrument
3,500
18 Other than utility/non-precision
instrument
3,500
36 Other than utility/visualnon-precision
instrument
1,500
3,500 4-22 Utility/visual 1,250
13
2. Approach zone surface lengths. The approach zone surface extends for the 14
applicable horizontal distance as follows: 15
Table 7. Approach Zone Surface Length (feet). 16
Airports Runway Type Length
Naples Municipal 14-32 Other than utility/non-precision
instrument
10,000
5 Other than utility/non-precision
instrument
10,000
23 Other than utility/non-precision
instrument
50,000
10,000
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
10,000
Everglades City Airpark 15-33 Utility/visual 5,000
Immokalee Regional
Airport
27 Other than utility/non-precision
instrument
10,000
9 Other than utility/non-precision
instrument
5,000
10,000
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18 Other than utility/non-precision
instrument
10,000
36 Other than utility/visualnon-precision
instrument
5,000
10,000 4-22 Utility/visual 5,000
1
3. Approach zone surface height. Permitted height limitation within the approach 2
zone surface shall not exceed the runway end height at the inner edge and 3
increases uniformly with horizontal distance outward from the inner edge as 4
follows: 5
Table 8. Approach Zone Surface Height. 6
Airports Runway Type Height
Naples Municipal 14-32 Other than utility/non-precision
instrument
34:1
5 Other than utility/non-precision
instrument
50:0/40:1
34:1 23 Other than utility/non-precision
instrument
50:1/40:1
34:1
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
2034:1
Everglades City Airpark 15-33 Utility/visual 20:1
Immokalee Regional
Airport
9 Other than utility/non-precision
instrument
50:1/40:1
34:1 27 Other than utility/non-precision
instrument
34:1
18 Other than utility/non-precision
instrument
34:1
36 Other than utility/visualnon-precision
instrument
2034:1
4-22 Utility/visual 20:1
7
4. Precision instrument runway(s). One (1) foot vertically for every fifty (50) feet 8
horizontally for the first 10,000 feet, increasing to one (1) foot vertically for every 9
forty (40) feet horizontally for additional 40,000 feet. 10
5. Non-precision instrument runways. One (1) foot vertically for every thirty-four (34) 11
feet horizontally. 12
6. Visual runways. One (1) foot vertically for every twenty (20) feet horizontally. 13
IJ. Transitional zone surfaces. The area extending outward from the sides of the primary 14
surface and approach zones surfaces connecting them to the horizontal zone surface or 15
for a horizontal distance of 5,000 feet from the side of the part of the precision approach 16
zone surface that extends beyond the conical zone surface. Height limits within the 17
transitional zone surface are the same as the primary surface or approach zone surface 18
at the boundary line where it adjoins and increases at a rate of one (1) foot vertically for 19
every seven (7) feet horizontally, with the horizontal distance measured at right angles to 20
the runway centerline and extended centerline until the height matches the height of the 21
horizontal zone surface or for a horizontal distance of 5,000 feet from the side of the part 22
of the precision approach zone surface that extends beyond the conical zone surface. 23
JK. Heliport primary zone surface. The area of the primary zone surface coincides in size and 24
shape with the designated take-off and landing area of a heliport. This surface is a 25
horizontal plane at the established heliport elevation. 26
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1. Heliport approach zone surface. The approach zone surface begins at each end 1
of the heliport primary zone surface with the same width as the primary zone 2
surface, and extends outward and upward for a horizontal distance of 4,000 feet 3
where its width is 500 feet. The slope of the approach zone surface is eight (8) to 4
one (1) (one (1) foot vertically for every eight (8) feet horizontally.) 5
2. Heliport transitional zone surface. These zones surfaces extend outward and 6
upward from the lateral boundaries of the heliport primary zone surface and from 7
the approach zone surface at a slope of two (2) to one (1) (one (1) foot vertically 8
for every two (2) feet horizontally) for a distance of 250 feet measured horizontally 9
from the centerline of the heliport primary and approach zone surface. 10
KL. Other areas. In addition to the height limitations imposed in LDC sections 4.02.06(EC)-11
(HK) above, no structure or obstruction will be permitted within Collier County that would 12
cause a minimum obstruction clearance altitude (MOCA), a minimum descent altitude 13
(MDA), decision height (DH), or a minimum vectoring altitude (MVA) to be raised nor which 14
would impose either the establishment of restrictive minimum climb gradients or 15
nonstandard takeoff minimums. 16
1. Except as expressly provided in these APO regulations this section of the LDC, no 17
structure or object of natural growth shall be erected, altered, allowed to grow, or 18
be maintained to a height which exceeds the height of any zone surface created 19
in these APO regulations. 20
2. Except as otherwise provided in these APO regulations this section of the LDC, no 21
structure, or object of natural growth shall be erected, altered, allowed to grow or 22
be maintained, which is or would be an result in a potential hazard obstruction to 23
air navigation within Collier County or of a height greater than by exceeding any of 24
the following: 25
a. A height of 500 feet above ground level at the site of the object. 26
b. A height that is 200 feet above ground level or above the established airport 27
elevation, whichever is higher, within three (3) nautical miles of the 28
established reference point of an airport, excluding heliports, with its 29
longest runway more than 3,200 feet in actual length, and that height 30
increases in the proportion of 100 feet for each additional nautical mile of 31
distance from the airport up to a maximum of 500 feet. 32
c. A height within a terminal obstacle clearance area, including an initial 33
approach segment, a departure area, and a circling approach area, which 34
would result in the vertical distance between any point on the object and 35
an established minimum instrument flight altitude within that area or 36
segment to be less than the required obstacle clearance. (Refer to FAR 37
77.23.(a.)(2)). 38
L. Exemptions. 39
1. Development of the Marco Shores Golf Course Community that comports with the 40
location and height requirements of Ordinance No. 81-6, as amended by 41
Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions 42
of section 4.02.06 only to the following extent: 43
a. The agreement between Johnson Bay Development Corporation Collier 44
County Airport Authority and the BCC, dated August 8, 1995. 45
b. Prior issuance of a Federal Aviation Administration "Determination Of No 46
Hazard To Air Navigation." 47
2. Development of the Mini-Triangle Mixed Use Subdistrict of the Urban Designation. 48
Urban Mixed Use District of the Growth Management Plan that comports with 49
height requirements of Ordinance 2018-25, is exempted from the maximum 50
allowable horizontal zone height of 150 feet from the established elevation of the 51
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Naples Airport, as established in LDC Sections 4.02.06.E. and 4.02.06.F. 1
Buildings are allowed up to 160 feet in height from the established elevation of the 2
Naples Airport. Development within the Mini-Triangle Mixed Use Subdistrict shall 3
comply with the conditions set forth in the Federal Aviation Administration letters 4
of “Determination Of No Hazard To Air Navigation”, dated January 20, 2017, or 5
any subsequent letters or extensions thereof. 6
M. Requirements for airspace obstructions. 7
1. Applicability. An airspace obstruction approval is required when a proposed 8
airspace obstruction exceeds one or more of the criteria established in LDC 9
Section 4.02.06 C-L. Review of airspace obstructions shall occur at the time of the 10
site development plan review, if applicable. If a site development plan is not 11
required, the airspace obstruction shall be reviewed at time of building permit 12
submittal. 13
2. Criteria for review. The airspace obstruction may not be approved solely on the 14
basis that the FAA determined that the proposed construction or alteration of an 15
obstruction was not an airport hazard. In determining whether to approve or deny 16
an airspace obstruction, the County Manager or designee, in coordination with the 17
affected airport, must also consider the following, as applicable: 18
a. The safety of persons on the ground and in the air. 19
b. The safe and efficient use of navigable airspace. 20
c. The nature of the surrounding terrain and height of existing structures. 21
d. The effect of the construction or alteration on the state licensing standards 22
for a public-use airport contained in Ch. 330, F.S. and administrative code 23
rules adopted thereunder. 24
e. The character of existing and planned flight operations and developments 25
at the public-use airport. 26
f. Federal airways, visual flight rules, flyways and corridors, and instrument 27
approaches as designated by the FAA. 28
g. The effect of the construction or alteration of the proposed structure on the 29
minimum descent altitudes or the decision heights at the affected airport. 30
h. The cumulative effects on navigable airspace of all existing structures and 31
other known proposed structures in the area. 32
3. Supplemental standards for the development of airspace obstructions: 33
a. The owner of the obstruction will be required to install, operate, and 34
maintain thereon and at their own expense, obstruction marking and 35
lighting in conformance with the specific standards established by the FAA. 36
MN. Airport land use restrictions. Notwithstanding any other provision of this LDC, no use may 37
be made of land or water within any zone surfaces established by this LDC in such a 38
manner as to interfere with the operation of an airborne aircraft. The following special 39
requirements shall apply to each permitted use: 40
1. All lights or illumination used in conjunction with street, parking, signs, or use of 41
land or structures shall be arranged and operated in such a manner that it is not 42
misleading to pilots or dangerous to aircraft operating to and from a public use 43
airport or in the vicinity thereof. 44
2. All flood lights, spot lights, or any type of pulsating, flashing, rotating, or oscillating 45
light shall be modified or prohibited if determined by the executive director who has 46
authority over that public airport to be a possible risk to safety of aircraft operation. 47
3. No operations of any type shall produce smoke, glare, or other visual impairment 48
to pilots within three (3) miles of any usable runway of a public airport. 49
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4. No operations of any type shall produce electronic interference with navigation 1
signals or radio communication between the airport and aircraft, or other air traffic 2
control facility. 3
5. Land within runway clear zones (runway protection zones) shall be prohibited from 4
use for high density residential use, schools, hospitals, storage of explosives, or 5
flammable material, assemblage of large groups of people or any other use that 6
could produce a major catastrophe as a result of an aircraft crash. 7
6. Based on the possibility that solid waste management facilities may attract birds, 8
any solid waste management facility located so that it places the runways and/or 9
approach and departure pattern of an airport between bird feeding, water, or 10
roosting areas shall be considered as an incompatible use and is therefore 11
prohibited in and around the airports in Collier County.New landfills shall be 12
prohibited and existing landfills shall be restricted within the following areas: 13
a. Within 10,000 feet from the nearest point of any runway used or planned 14
to be used by turbine aircraft. 15
b. Within 5,000 feet from the nearest point of any runway used by only 16
nonturbine aircraft. 17
c. Outside the perimeters defined in 4.02.06 O.6.a-b. but still within the lateral 18
limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.19. 19
7. Where any landfill is located and constructed in a manner that attracts or sustains 20
hazardous bird movements from feeding, water, or roosting areas into, or across, 21
the runways or approach and departure patterns or aircraft. The landfill operator 22
must incorporate bird management techniques or other practices to minimize bird 23
hazards to airborne aircraft. 24
78. Any type of tethered dirigible, balloon, or other type of hovering or floating object 25
the height of which exceeds the airspace notification limits criteria outlined in LDC 26
section 4.02.06 EF. shall be is prohibited limited as provided in section 4.02.06 E. 27
89. No structure of any height, type or material shall be constructed or altered which 28
could possibly so as to cause interference to with any radio or airport surveillance 29
radar system electronic navigational aids or systems as determined by the Federal 30
Aviation Administration, or by the executive director who has jurisdiction over the 31
airport deemed to be effectedaffected. 32
NO. Naples Municipal Airport noise zones, land use restrictions, sound level requirements 33
(SLR) for buildings or structures, and SLR design requirements. 34
1. The purpose of this section 4.02.06 is to establish standards for land use and for 35
sound level reduction requirements with respect to exterior noise resulting from the 36
legal and normal operations at the airports within Collier County. This section 37
establishes noise zones of differing intensities and land use in the vicinity of the 38
Naples Municipal airport, as identified in the most recent Naples airport FAA Part 39
150 Study; establishes permitted land uses in the noise zones; establishes 40
soundproofing requirements for residential development within the noise zones; 41
and establishes notification procedures to prospective purchasers of real estate 42
within the noise zones. 43
2. In addition to the prior three (3) noise zones, there is hereby created and 44
established a fourth noise zone D; there are now noise zones A, B, C, and D. Such 45
zones are shown on the Naples Airport noise zone map(s) which are incorporated 46
and made a part herein and are described in LDC section 4.02.06 NO.3. below. 47
The noise zones contained herein are based on a projection of future aircraft 48
operations at the Naples Municipal Airport. The purpose of these noise zones is to 49
define and set forth specific regulations for all properties within the described 50
areas. 51
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3. Noise zone boundaries. 1
a. Zone A. That area commencing at the outermost boundary of the airport 2
and extending outward therefrom to a boundary indicated on the noise 3
zone map as "B." The outer contour of noise zone A approximates a noise 4
level of seventy-five (75) Ldn. 5
b. Zone B. That area commencing at the boundary indicated on the noise 6
zone map as the outer boundary of noise zone A and extending outward 7
therefrom to the boundary indicated on the noise zone map as "C." The 8
outer contour of noise zone B approximates a noise level of seventy (70) 9
Ldn. 10
c. Zone C. That area commencing at the boundary indicated on the noise 11
zone map as the outer boundary of noise zone B and extending outward 12
therefrom to the boundary indicated on the noise zone map as "D". The 13
outer contour of noise zone C approximates a noise level of sixty-five (65) 14
Ldn. 15
d. Zone D. This new noise zone commences at the boundary indicated on the 16
noise zone map as the outer boundary of noise zone C and extending 17
outward therefrom to the furthermost boundary indicated on the noise zone 18
map. The outer contour of noise zone D approximates a noise level of sixty 19
(60) Ldn and is the Naples Airport noise zone (This area is referenced in 20
the 1996 Naples Airport FAA Part 150 Study). 21
4. Where boundaries of a described noise zone are shown to extend over a portion, 22
but not all, of a platted lot or unsubdivided property, the owner or owners of the 23
entire property will be notified of potential noise impact in accordance with notice 24
procedures set forth in Chapter 10. 25
a. Where boundaries of a described noise zone are shown to extend over a 26
portion, but not all of a platted lot or un-subdivided property, the owner or 27
owners of the entire property will be notified of potential noise impact in 28
accordance with notice procedures set forth in Chapter 10. 29
b. Where boundaries of more than one (1) described noise zone are shown 30
on a platted lot or unsubdivided property, provisions of the most restricted 31
zone shall apply. 32
5. Land use restrictions. 33
a. Permitted and restricted activities. All land uses shall be permitted in the 34
noise zone pursuant to the applicable zoning district and as provided in the 35
activities and/or land use guidance chart made a part hereof. Those 36
activities and land uses not specifically listed in the land use guidance chart 37
are permitted or restricted in the noise zones based on their similarity to 38
noise tolerance as exhibited by the activities and land uses which are listed 39
in the guidance chart. 40
b. Nonconforming uses. The regulations prescribed by this section shall not 41
be construed to require the sound conditioning or other changes or 42
alteration of any preexisting structure not conforming to this part as of the 43
effective date of this section or to otherwise interfere with the continuance 44
of any such preexisting nonconforming use. Nothing herein contained shall 45
require any such change in the construction of or alteration of a structure 46
which has commenced construction prior to the effective date of this 47
section and which is diligently pursued. 48
6. Sound level requirements (SLR) for buildings or structures. 49
a. The provisions of these APO special regulations shall apply to the 50
construction, alteration, moving, demolition, repair, and use of any building 51
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or structure within unincorporated Collier County except work located 1
primarily in a public right-of-way, on public utility towers, poles, and 2
mechanical equipment not specifically regulated by these APOs 3
regulations. Additions, alterations, repairs, and changes of use in all 4
buildings and structures shall comply with the provisions of these APOs 5
regulations. 6
b. Buildings or structures constructed prior to the initial adoption of this 7
amended section, to which additions, alteration, or repairs are made to the 8
exterior walls and ceilings of rooms having one (1) or more exterior walls 9
or ceilings shall be required to meet the SLR requirements of these APOs 10
regulations. 11
c. Alterations or repairs which are nonstructural and do not affect the exterior 12
walls or ceilings of an existing building or structure may be made with the 13
same materials of which the building or structure is constructed and shall 14
not be required to meet the SLR requirements. 15
d. Buildings in existence at the time of the initial adoption of these APOs 16
regulations may have their existing use or occupancy continued if such use 17
or occupancy was legal at the time of the initial adoption of these APOs 18
regulations provided such continued use is not dangerous to life. A change 19
in the use of a structure may require additional sound level reduction. 20
e. Buildings or structures moved into or within the vicinity of the established 21
noise zone must comply with applicable provisions of these APOs 22
regulations. 23
f. The County Manger or his designee may approve any type construction 24
that complies with the SLR requirements of the activities and/or land use 25
guidance chart (appendix III of Appendix D). The SLR requirements 26
specified in appendix III of Appendix D shall be achieved by the use of 27
assemblies having the South Transmission Class Ratings specified in table 28
403.2, Minimum Sound Transmission of Assemblies, of the Southern 29
Building Code Congress International, Inc., Standard for Sound Control, 30
SSTD 8-87, incorporated herein and adopted by reference as appendix IV 31
of appendix D. 32
g. The SLR requirements of the land use guidance chart at appendix III of 33
Appendix D may be achieved by any suitable combination of building 34
design, choice of building materials, and execution of construction details 35
in accordance with established architectural and acoustical principles. The 36
SLR requirements shall apply to the exterior walls and ceilings only of all 37
rooms having one (1) or more exterior walls or ceilings. Regulations to 38
achieve the SLR requirements specified in appendix III of Appendix D, shall 39
be found in appendix IV of Appendix D and shall be used by the County 40
Manger or his designee during the building plan review process. 41
h. No building or structure for which an SLR 25, SLR 30, or SLR 35 is required 42
by appendix III of Appendix D may be constructed, altered, moved, 43
demolished, or repaired unless and until a building permit has been issued. 44
No such permit shall be issued unless and until the requirements contained 45
in appendix III of Appendix D are met as indicated by plans and 46
specifications for the building or structure. Such plans and specifications 47
shall result in a sound level reduction for the applicable exterior walls and 48
ceilings only of room(s) having one (1) or more exterior walls or ceilings, at 49
least as great as the SLR value specified in appendix III of Appendix D for 50
the particular usage involved. These plans and specifications shall be 51
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reviewed during the building plan review process in accordance with the 1
sound transmission ratings specified in table 403.2 of appendix IV of 2
Appendix D. 3
P. Exemptions. 4
1. Development of the Marco Shores Golf Course Community that comports with the 5
location and height requirements of Ordinance No. 81-6, as amended by 6
Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions 7
of section 4.02.06 only to the following extent: 8
a. The agreement between Johnson Bay Development Corporation Collier 9
County Airport Authority and the BCC, dated August 8, 1995. 10
b. Prior issuance of a Federal Aviation Administration "Determination Of No 11
Hazard To Air Navigation." 12
2. Development of the Mini-Triangle Mixed Use Subdistrict of the Urban Designation. 13
Urban Mixed Use District of the Growth Management Plan that comports with 14
height requirements of Ordinance 2018-25, is exempted from the maximum 15
allowable horizontal zone height of 150 feet from the established elevation of the 16
Naples Airport, as established in LDC Sections 4.02.06 E. and 4.02.06 F. 17
Buildings are allowed up to 160 feet in height from the established elevation of the 18
Naples Airport. Development within the Mini-Triangle Mixed Use Subdistrict shall 19
comply with the conditions set forth in the Federal Aviation Administration letters 20
of “Determination Of No Hazard To Air Navigation”, dated January 20, 2017, or 21
any subsequent letters or extensions thereof. 22
# # # # # # # # # # # # # 23
24
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APPENDIX D – Airport Zoning 1
APPENDIX I. – [AIRPORT ZONING MAPS] 2
APPENDIX I. – [Airport Zoning Maps] 3
4
5
6
7
ZONING MAP A. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP 8
(SEE SECTION 4.02.06 (N)) 9
ZONING MAP B. MARCO ISLAND [EXECUTIVE] AIRPORT 10
(SEE SECTION 4.02.06 (N)) 11
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1
2
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ZONING MAP A. NAPLES MUNICIPAL AIRPORT 1
(SEE LDC SECTION 4.02.06) 2
3
{Map to be added} 4
5
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ZONING MAP B. MARCO ISLAND EXECUTIVE AIRPORT 1
(SEE LDC SECTION 4.02.06) 2
3
{Map to be added} 4
5
* * * * * * * * * * * * * 6
7
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ZONING MAP D. IMMOKALEE AIRPORT 1
(SEE SECTION 4.02.06 (N)) 2
3
4
5
6
7
8
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ZONING MAP D. IMMOKALEE AIRPORT 1
(SEE LDC SECTION 4.02.06) 2
3
4
{Map to be added} 5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
9
Exhibit A – Implementation of Airspace Obstruction Review
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As the changes to Chapter 333, F.S., shifted the responsibility of airspace obstruction review from
the Florida Department of Transportation - Aviation and Spaceports Office (FDOT-ASO) to the
local level, it is important to include the details of how this LDC amendment will be implemented.
Updates to Runway Surfaces and Map Data
In coordination with the Naples Airport Authority (NAA) and the Collier County Airport Authority
(CCAA), this amendment updates to the existing Airport Zoning Maps located within Appendix
D of the LDC, as well as Tables 4-8 within LDC Section 4.02.06. Tables 4-8 within LDC Section
4.02.06 provides the primary surface width, horizontal surface radius, approach surface width,
approach surface length, and approach surface height for each of the airports, or airspaces, located
within or adjacent to Collier County and the correlated runway number.
(Image Source: Published FDOT-ASO PowerPoint Chapter 333 FS – Airport Zoning PowerPoint Presentation)
Each of the surface standards described within LDC Section 4.02.06 C.-J., and Tables 4-8, reflect
the federal obstruction standards contained in 14 C.F.R. part 77, subpart C, and are visually
depicted on the maps found within Appendix D. The content within Tables 4-8 were updated due
to the changes in runway numbers and runway types at the different airports, which also had an
impact to location of the various surfaces on the Airport Zoning Maps.
Exhibit A – Implementation of Airspace Obstruction Review
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Reviewing Obstructions
Per Ch. 333, F.S., an obstruction is defined as follows: An obstruction can be any existing or
proposed object, terrain, or structure that exceeds the federal obstruction standards contained in
14 C.F.R. part 77, subpart C. The term includes:
• Any object of natural growth or terrain;
• Permanent or temporary construction or alteration, including equipment or materials used
and any permanent or temporary apparatus; or
• Alteration of any permanent or temporary existing structure by a change in the structures
height, including appurtenances, lateral dimensions, and equipment or materials used in
the structure.
The term obstruction, as defined above, references the federal obstruction standards contained in
14 C.F.R. part 77, subpart C, these standards are also incorporated within LDC sections 4.02.06
C-L, and Appendix D. Therefore, staff will be able to compare the height of the proposed
obstruction against the federally mandated standards to determine if an airspace obstruction review
is required. Making this determination will be further aided by the incorporation of the maps
within Appendix D into a layer of the ArcGIS system (pictured below). The ArcGIS system is
utilized by staff during the review process and will allow staff to search a specific address or folio
number and see the contours with reference to the specific obstruction standards.
Exhibit A – Implementation of Airspace Obstruction Review
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As this is a new process, certain safeguards will be implemented to ensure that a building permit
for an airspace obstruction will not be issued without the necessary review. When a building
permit or site development plan application is submitted, the property address and/or folio number
will be linked in CityView to that specific application. Depending on the specific permit type, if
a property is located within the area covered by the Airport Zoning overlay, a property alert and
permit condition will automatically load.
To determine if an airspace obstruction review is required, the assigned staff member will utilize
the site plan, aerial photography, or any other documentation as part of the SDP or building permit,
in conjunction with the Airport Zoning Maps obstruction contours. Additionally, the Federal
Aviation Administration’s (FAA) website has a Notice Criteria Tool to assist in applying the Part
77 Notice Criteria.
Required Correspondence with FDOT-ASO
Pursuant to Ch. 333, F.S., upon receipt of a complete permit application, the local government
shall provide a copy of the application to the Florida Departments of Transportation - Aviation and
Spaceports Office (FDOT-ASO) by certified mail, return receipt requested, or by a delivery service
that provides a receipt evidencing delivery. In lieu of sending FDOT-ASO this information by
certified mail, it has been confirmed that staff may send this information to a dedicated email
address, with a return receipt. This will serve as meeting the intent of Ch. 333, F.S.
Correspondence confirming this method is attached (Exhibit B).
Coordination with Naples Airport Authority and Collier County
Airport Authority
During the review of airspace obstructions, staff will coordinate with the applicable airport
authority to determine whether to approve or deny an airspace obstruction based on the
considerations within LDC section 4.02.06 M. If the proposed airspace obstruction is required to
be reviewed as part of a SDP, the applicable airport authority will be contacted after the Pre-
Application Meeting to start the coordination efforts with the applicant, prior to the finalization
and submittal of the proposed plans. If the airspace obstruction is proposed at time of building
permit, the applicable airport authority will be notified at time of review.
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
I.2. Site Development Plans (SDP)
Reference LDC section 10.02.03 and other provisions of the LDC.
Applicability All development is subject to this subchapter, unless it is exempt pursuant to LDC
subsection 10.02.03 A.3.
Pre-Application A pre-application meeting is required unless waived by the County Manager or designee
at the request of the applicant, pursuant to LDC subsection 10.02.03 D.
Initiation The applicant files an “Application for Site Development Plan” with the Development
Review Division.
Application
Contents and Site
Plan Requirements
Submittal Credentials: The engineering plans shall be signed and sealed by the
applicant’s professional engineer licensed to practice in the State of Florida. The
landscape plans shall be signed and sealed by a landscape architect registered
in the State of Florida. For projects subject to LDC section 5.05.08, architectural
drawings, shall be signed and sealed by a licensed architect, registered in the
State of Florida.
Sheet size: The site development plan and the coversheet shall be prepared on a
maximum size sheet measuring 24 inches by 36 inches, drawn to scale.
The application shall include the following, if applicable:
1. Applicant contact information.
2. Addressing checklist.
3. Warrant deed.
4. Property information, including:
• Project title;
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision name, unit, lot and block; and
• Scale, north arrow, and date.
5. Electronic copies of all documents.
6. Proof of ownership, including a copy of the recorded deed, contract for sale or
agreement for sale, or a notarized statement of ownership clearly demonstrating
ownership and control of the subject lot or parcel of land.
• The applicant shall also present a notarized letter of authorization from the
property owner(s) designating the applicant as the agent acting on behalf
of the owner(s).
7. Owner/agent affidavit as to the correctness of the application.
8. PUD Ordinance and Development Commitment Information .
9. PUD Monitoring Report and Schedule, if applicable.
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
10. A Cover Sheet with the following information:
• The project title and the name, address and phone number of the firm or
agent preparing the plans and the name, address and telephone number of
the property owner;
• Zoning designation of the subject property. In the event that the property is
zoned PUD, the name of the PUD and the number of the ordinance
approving the PUD;
• Vicinity map clearly identifying the location of the development and its
relationship to the surrounding community; and
• A legal description and the property appraiser's property identification
number(s)/folio number(s) for the subject property or properties.
11. The following information shall be set forth on the site development plan and/or on
a separate data sheet used exclusively for that purpose:
• A narrative statement on the plan identifying the provisions of ownership
and maintenance of all common areas, open space, preservation areas,
private streets, and easements;
• A site summary in chart form which shall include the following information,
with development and dimensional standards based on the provisions of
the LDC and/or applicable PUD ordinance:
o Total site acreage;
o Total square footage of impervious area (including all parking
areas, drive-aisles, and internal streets) and its percentage of the
total site area;
o Total square footage of landscape area/open space and its
percentage of the total site area;
o For projects that include residential uses, total number of units,
density, units per acre, and a unit breakdown by square footage
and number of bedrooms, as well as minimum/maximum (as
applicable) floor area required and floor area proposed;
o For projects that include non-residential uses, total building
footage and a square footage breakdown by use (i.e., office, retail,
storage, etc.) and its percentage of the total building; for hotels
and motels, the minimum/maximum (as applicable) floor area, or
proposed floor area ratio, required, and floor areas;
o All required and provided setbacks and separations between
buildings and structures in matrix form;
o Maximum zoned building height allowed and actual building height
as defined in LDC section 1.08.00;
o Zoning and land use of the subject property and adjacent
properties, including properties abutting an adjacent right-of-way
or right-of-way easement; and
o North arrow, scale, and date.
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• A parking summary in matrix form which shall include:
o Type of use;
o Total square footage per use;
o Required parking ratio, number of standard spaces required by
use, and number provided;
o Number of loading spaces required and provided (if applicable);
and
o Total number of spaces provided by use.
• The following building construction information must be included in the
SDP packet:
o Information in the Standard Building Code, type of construction,
number of stories, total square footage under roof, occupancy/use
and fire sprinkler intentions of all proposed structures so that a
needed fire flow may be determined;
o A fire hydrant flow test report from the applicable fire district for
the closest hydrant(s) to the project so that the available fire flow
may be determined; and
o Location of existing and proposed fire hydrants.
• Illustrative information accurately depicted unless waived at the pre-
application meeting:
o A boundary survey, prepared by a professional surveyor, showing
the location and dimensions of all property lines, existing streets or
roads, easements, rights-of-way, and areas dedicated to the
public. This survey shall be accompanied either by an attorney's
opinion of title, or by a sworn statement from the property
owner(s) stating that he or she has provided sufficient information
to the surveyor to allow the accurate depiction of the above
information on the survey;
o Name, alignment and existing/proposed rights-of-way of all streets
which border the development (including raised islands, striping,
right/left turn lanes, median cuts and nearby intersections), the
location of all existing driveways or access points on the opposite
sides of all streets which border the development, and the location
of all traffic calming devices;
o Location and configuration of all development ingress and egress
points;
o Location and arrangement of all proposed buildings (including
existing buildings that are to remain);
o Location and configuration of all parking and loading areas;
o Name, alignment, and existing/proposed right-of-way of all
internal streets and alleys;
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o Directional movement of internal vehicular traffic and its
separation from pedestrian traffic;
o Location and configuration of recreational facilities (including
related buildings, golf course areas, tennis courts, pools, etc.);
o Location and general configuration of all water and drainage
retention/detention areas as well as all existing and proposed
easements, and water and sewer lines intended to serve the
development;
o Location and general configuration of such natural features as
preservation/conservation areas, water bodies, and wetlands;
o Location of emergency access lanes, fire hydrants and fire lanes;
o Location of all handicapped parking spaces;
o Location of trash enclosures;
o Location and heights of proposed walls or fences; and
o Accurate dimensions which include the following:
▪ All building setbacks;
▪ Distance between buildings and accessory structures;
▪ Width of all internal streets;
▪ All parking areas and drive-aisles; and
▪ Landscape areas adjacent to all vehicular drives, interior
property lines and all parking areas.
o Traffic circulation, signing and marking plan, to include outside and
inside radii for all turn movements using a common pivot point for
both radii at each location;
o Access Management Exhibit, identifying existing and proposed
access points, nearest U turns and legal access to the site;
o Roadway elevations; and
o Any additional relevant information required by the Development
Review.
12. Architectural Plans. See Chapter 4.A of the Administrative Code for Architectural
Plan submittals. The plans shall also include:
• If proposed, dumpster enclosure details depicting height and material and
color of walls and gates; and
• If proposed, light pole details depicting height and colors of pole and
housing.
13. Stormwater management information as follows:
• The South Florida Water Management District Environmental Resource
Permit or General Permit number, if obtained;
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Chapter 4 | Administrative Procedures
• Stormwater management control structure(s) location (referenced to State
Plane Coordinates, Florida East Zone, North American Datum 1983 (NAD
'83), latest adjustment);
• Stormwater management control elevation(s) and overflow elevation(s)
(referenced to the North American Vertical Datum, 1988 (NAVD '88), latest
adjustment), and NGVD;
• Twenty-five-year/3-day design discharge at control structure(s);
• Drainage calculations, including pipe sizing calculations;
• Estimated cost of construction of roadways, paving, and drainage;
• Engineer’s Report with Assumptions and Explanations;
• Engineering Review Checklist, signed by a professional engineer;
• Hydraulic Grade Line Pipe calculations for culverts; and
• Streetlight plan, for multi-family housing.
14. For residential projects subject to the provisions of LDC section 10.04.09, a
completed School Impact Analysis (SIA) application, location map and review fee.
15. Certificate of Adequate Public Facilities application, if applicable.
16. Landscaping Plan. A landscape plan which shall contain the following:
• Landscape summary. A landscape summary in matrix form which shall
include:
o Graphic symbol to indicate each type of plant material;
o Botanical name;
o Common name;
o Total number of each type of plant material;
o Height and spread of each type of plant material; and
o Spacing of each type of plant material.
• Illustrative information. Illustrative information consisting of the following
shall be accurately depicted on the landscape plan:
o The location, configuration, and arrangement of all proposed
buildings, internal streets and parking areas as reflected on the site
plan;
o The location and dimensions of all proposed landscaped areas with
appropriate graphic symbols including existing trees that are being
credited toward the development's landscaping requirements;
o Location and configuration of all special or textured paving areas;
o Provisions for site irrigation; and
o Any additional relevant information as may be required by the
County Manager or designee.
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Chapter 4 | Administrative Procedures
17. Vegetation inventory. A generalized vegetation inventory of the property shall be
required to the extent necessary, as determined at the pre-application meeting,
indicating the approximate location, densities and species of the following:
• Upland, wetland and estuarine vegetation including prohibited exotic
vegetation, mapped using FLUCFCS terminology;
• Any type of vegetation identified for preservation;
• Conservation easement including signed and sealed legal description and
boundary survey for preserve, include protective language, and provide a
sketch and description in construction plans.
• Projects containing the following shall provide a survey identifying species
and locations on a current aerial photograph at a scale of 1 inch equals 200
feet or larger or superimposed on the site plan:
o Plants specified to remain in place or to be transplanted to other
locations on the property as specified in the applicable
development order.
o Specimen trees designated by the BCC, pursuant to LDC section
3.05.09.
o State or federal rare, threatened or endangered plan species
surveyed according to accepted Florida Fish and Wildlife
Conservation Commission or U.S. Fish and Wildlife Service
methods.
o Existing trees that may be credited toward the development's
landscaping requirements.
• For proposed site alteration(s) within the coastal zone as depicted on the
future land use map, in addition to the foregoing requirements, the
vegetation inventory shall depict the categories of impact in accordance
with LDC sections 3.03.03-3.03.04.
18. A recent aerial photo shall be provided at the same scale as the plan delineating the
development boundaries, unless waived at the pre-application meeting.
19. Density bonus. If a residential bonus is requested, as provided for in the Growth
Management Plan, a certified survey that clearly illustrates the location and
relationship of the development to the appropriate activity center and the related
activity band shall be required.
20. Building plans. Plans showing proposed building footprints, spatial relationship to
one another when there are multiple buildings and building heights.
21. Traffic Impact Study. See Chapter 7 of the Administrative Code.
22. Soil erosion and sediment control plan. See Chapter 7 of the Administrative Code.
23. Construction Plans. Detailed on-site and off-site infrastructure improvement plans
and construction documents prepared in conformance with the design standards
identified in LDC section 10.02.04 and any current county ordinances, regulations,
policies and procedures, which consist of, but are not limited to, the following items:
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
• A cover sheet setting forth the development name, applicant name, name
of Engineering firm, and vicinity map;
• Improvements for water and sewer service as needed or as may have been
specified during a site development plan review prepared in conformance
with the Utilities Standards and Procedures Ordinance, 2004-31, as
amended;
• Improvements for roadway, motor vehicle and non-motorized circulation,
ingress and egress, parking and other transportation needs, including traffic
calming devices, required or as may have been specified during the site
development plan review, prepared in conformance with the subdivision
design requirements. Non-motorized circulation is defined as movement by
persons on foot, bicycle, or other human-powered device. Non-motorized
circulation depicting sidewalks and bicycle facilities shall be consistent with
LDC subsection 5.05.08 A.5. Cross sections and details for improvements
are required;
• The absence of obstructions in the public right-of-way shall be
demonstrated, including provisions for safe and convenient street crossing;
• Cross sections and details for improvements required in LDC subsections
6.06.02 A.7 through 6.06.02 A.9;
• Improvements for water management purposes as needed or as may have
been specified during the site development plan review, prepared in
conformance with subdivision design requirements and pursuant to South
Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E-
41, Florida Administrative Code;
• Citation to the applicable technical specifications for all infrastructure
improvements to be constructed;
• Engineering design computations and reports for water, sewer, roads, and
water management facilities, as required by federal, state, and local laws
and regulations.
• Topographical map of the property including:
o Existing features, such as, watercourses, drainage ditches, lakes,
marshes.
o Existing contours or representative ground elevations at spot
locations and a minimum of 50 feet beyond the property line.
o Benchmark locations and elevations (to both NGVD and NAVD).
• Site clearing plan and methods of vegetation protection.
• Where jurisdictional wetlands occur onsite, approved wetland jurisdictional
lines shall be shown on the construction plans.
24. County-Permits: All necessary permits and applications requiring County approval
and other permitting and construction related items, including but not limited to the
following, shall be submitted and approved with the site development plan. These
permits may include, but are not limited to the following:
• Excavation permit;
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
• A Collier County right-of-way permit;
• Blasting permit, prior to commencement of any blasting operation;
• Interim wastewater and/or water treatment plant construction or interim
septic system and/or private well permits prior to building permit approval;
• Any additional state and federal permits which may be required prior to
commencement of construction, addressing the impacts on jurisdictional
wetlands and habitat involving protected species;
• All other pertinent data, computations, plans, reports, and the like
necessary for the proper design and construction of the development that
may be submitted; and
• All necessary performance securities required by Collier County ordinances
in effect at the time of construction.
25. Non-County Permits: All Federal, State, and other local permits shall be submitted
prior to construction and before the pre-construction meeting. If approved by the
County Manager or designee, an applicant may submit Federal, State and local
agency permits at the pre-construction meeting.
• Florida Department of Environmental Protection water and sewer facilities
construction permit application;
• Notice of Intent (NOI) to issue either a Florida Department of
Transportation Right-of-Way permit;
• South Florida Water Management District permit, if required or, Collier
County general permit for water management prior to site development
plan approval; and
• Any additional state and federal permits which may be required prior to
commencement of construction, addressing the impacts on jurisdictional
wetlands and habitat involving protected species, such as:
o USACOE permit and exhibits. If no USACOE permit, SFWMD permit
and exhibits shall be submitted; and
o For the RFMUD, Agency accepted UMAM/WRAP scores.
26. Airspace obstruction review materials. An airspace obstruction review is required
for any proposed obstruction that exceeds the criteria established in LDC secti on
4.02.06 C-L. The following items shall be provided for review:
• A copy of the FAA form 7460-1 ‘Notice of Proposed Construction or
Alteration’, and all supporting materials, filed with the FAA;
• A copy of the final FAA Obstruction Evaluation/Airport Airsp ace Analysis
(OE/AAA) determination;
• A narrative statement with a detailed description/explanation of the
proposed airspace obstruction and response to the applicable criteria from
LDC section 4.02.06 M.
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding t he
petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and approve, approve with conditions or deny the
application utilizing the criteria identified in the applicable LDC sections.
Pre-Construction
Meeting
A pre-construction meeting shall be scheduled with the Engineering Services Department
prior to the commencement of construction. All Federal, State, and local permits shall be
submitted prior to construction and before the pre-construction meeting. If approved by
the County Manager or designee, an applicant may submit Federal, State and local
agency permits at the pre-construction meeting.
The following permits, if applicable, require final approval and issuance prior to the
County pre-construction meeting:
1. Florida Department of Transportation Right-Of-Way Construction Permit.
2. Collier County right-of-way [ROW] permit.
Digital Submittal
Requirements
After the final site development plan has been approved by the County Manager or
designee for compliance with the LDC as provided in section 10.02.03, the applicant's
professional engineer shall submit:
3. Digitally created construction/site plan documents, and
4. 1 disk (CDROM) of the master plan file, including, where applicable, easements,
water/wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET)
units; as established by a Florida registered surveyor and mapper. All information
shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad
(DWG) or Digital Exchange File (DXF) format; information layers shall have common
naming conventions (i.e. right-of-way—ROW, centerlines—CL, edge-of-pavement—
EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily
understood by county staff. All property information (parcels, lots, and requisite
annotation) shall be drawn on a unique information layer, with all linework
pertaining to the property feature located on that layer. Example: parcels—All lines
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
that form the parcel boundary will be located on 1 parcel layer. Annotations
pertaining to property information shall be on a unique layer. Example: Lot
dimensions—Lottxt layer.
Updated
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180002632
SUMMARY OF AMENDMENT
This amendment establishes standards for new outdoor lighting associated
with single-family dwelling units, two-family dwelling units, and
duplexes. These standards are intended to prevent high-intensity outdoor
lighting from negatively impacting neighboring residential properties.
LDC SECTION TO BE AMENDED
4.02.08 Outside Lighting Requirements
ORIGIN
Growth Management
Department (GMD)
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 10/16/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
Currently, there are no limitations with respect to outdoor lighting on residential properties with single-
family dwellings, two-family dwellings, or duplexes. However, the variety and intensity of lighting
fixtures available to homeowners at retail outlets presents an opportunity for outdoor lighting to
negatively impact surrounding residential properties. As a result, the GMD has been unable to resolve
complaints received by the Code Enforcement Division regarding residential outdoor lighting shining
toward neighboring homes, which are typically received up to several times a year.
At the March 13, 2018, Board of County Commissioners (Board) meeting, a member of the public
requested an ordinance to address significant nuisance lighting on single-family properties (See Item 7).
At the June 21, 2018, Budget Workshop, one Commissioner noted an awareness of lighting problems on
residential properties, suggesting a need for County Staff to address the issue. As a remedy, this
amendment requires single-family dwelling, two-family dwelling, or duplex homeowners who install
lights or fixtures having an aggregate of 60 watts or 800 lumens or more to shield or aim those lights
away from abutting residential properties. The amendment does not apply to lighting on multi-family
residential development (three or more units).
The brightness and energy usage measurements correspond with the types of floodlights or other outdoor
lights which have the potential to impact neighbors (See Figures 1 and 2) and can be applied to both
traditional incandescent lights and LEDs. Outdoor lighting standards for single-family residences vary
throughout the state (See Exhibit A). These proposed standards are designed so that compliance and
enforcement are simple and do not require any special knowledge or tools.
A building permit is not required to install most lighting fixtures. Therefore, this standard will primarily
be implemented through the code enforcement process when a complaint is issued. If a code violation is
reported, homeowners could remedy a potential violation by repositioning the lights, using shielding, or
installing new lighting fixtures that comply with the proposed standard.
2
L:\LDC Amendments\Current Work\Residential Lighting (PL20180002632)\4.02.08 Outside Lighting Requirements 10-03-18.docx
Figure 1. Lumen levels for typical outdoor lights
Source: https://gamasonic.com/how-many-lumens-do-you-need-for-outdoor-lighting/
Figure 2. Department of Energy comparison of lumens and traditional incandescent watts.
Source: https://www.energy.gov/sites/prod/files/lumens_placard-black.pdf
FISCAL & OPERATIONAL IMPACTS
This amendment could result in additional
unexpected costs for homeowners to replace
light bulbs with lower lumens or to replace
fixtures. There are no anticipated fiscal
impacts to the County associated with this
amendment. The amendment will allow code
enforcement to resolve some complaints
regarding outdoor lighting.
GMP CONSISTENCY
In the limited areas where the Growth Management Plan
(GMP) does address outdoor lighting, there is no
specificity provided. Only the Conservation and Coastal
Management Element (CCME) policies pertaining to
wildlife protection, e.g. Policies 7.3.1 and 7.3.2
regarding sea turtles, may have applicability to the
dwelling unit types addressed in this LDC amendment
but, again, there is no specificity provided. Further, such
lighting would have to comply with both this new LDC
provision and the CCME policies.
EXHIBITS: A) Lighting Standards in Other Communities
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
3
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Amend the LDC as follows:
4.02.08 - Outside Lighting Requirements 1
2
A. Lights on golf courses shall be located and designed so that no light is aimed directly 3
toward property designated residential, which is located within 200 feet of the source of 4
the light. 5
6
B. Specific height requirements in zoning districts. 7
1. GC—Twenty-five (25) feet 8
2. C-1—Twenty-five (25) feet 9
3. CF—Twenty-five (25) feet 10
11
C. Lights on lots with single-family dwellings, two-family dwellings, or duplexes. Lights or 12
fixtures having an aggregate of 60 watts or 800 lumens or more shall be shielded or aimed 13
away from abutting residential properties. 14
# # # # # # # # # # # # #15
Exhibit A – Lighting Standards in Other Communities
4
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Community Standard Citation
Lee County (Upper
Captiva Planning
Area)
“All outdoor lighting, including lighting on docks and
bulkheads, must be designed, installed, located, and
maintained to be hooded, shielded, and/or aimed downward.”
Art. XI
Division 4 Sec.
33-1736
City of Sanibel “All exterior lighting shall be designed and installed to prevent
glare and light trespass. Light shall not be allowed to cause
glare affecting motorists, bicyclists, or other users of roads,
driveways and bicycle paths. Light shall not trespass over
property lines.”
(More detailed standards follow this section)
Art. XIV
Div. 4
Sec. 12-997 (c)
City of Naples “(a) Permitted exterior lighting. Exterior lighting or light
fixtures may be utilized at grade and at the 1st habitable floor
of multifamily structures, provided that:
(1) The lighting is confined to a front yard facing a public
street, or to that portion of the facade facing a public
street; and
(2) The light source is directed only at the facade of the
building.
Lighting may also be utilized at grade to enhance
landscape features. Exterior lighting shall be designed,
arranged or shielded in such manner that all adjacent
properties and the public roadways are protected from
direct glare.
(b) Prohibited lighting. The use of exterior lighting or light
fixtures on any portion of the facade or roof of a multifamily
structure above the 1st habitable floor shall not be permitted.
(c) Exemptions. Warning lights, as required by state or federal
agencies, and exterior lights used exclusively for and
associated with outdoor walkways, stairs, hallways, pool
areas, and living spaces such as balconies, terraces, screened
porches, and similar spaces shall be exempt from the
requirement as listed in subsection (b) of this section.
Nonpermanent lighting, used exclusively during the holiday
period from November 15 to January 15, is also excluded from
this prohibition.
(d) Nonconforming lighting. Nonconforming multifamily
structures shall be brought into conformance with this section
by April 30, 1998.”
Chapter 56 Art.
III
Sec. 56-89
City of Bonita
Springs
“All light fixtures shall have bulbs that are fully recessed
within the fixture and may not emit light above horizontal plan
(sic)”
Chapter 10 Art.
III.
Div. 3
Sec. 10-102
(d)(1)(a)
Exhibit A – Lighting Standards in Other Communities
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Marco Island “(a) Regulation of the intensity and glare of outdoor lighting
shall be as follows:
(1) No lighting source shall cause more than 1.0 footcandle of
illumination to fall on adjoining residential single-family
(RSF) zoned property.”
(Additional shielding standards follow this section)
Chapter 6
Art. V
Sec. 6-145
Volusia County No person may install, construct, erect, maintain, or control
any outdoor lighting or outdoor lighting fixture on a
residential structure, or on its surrounding premises, which
directly illuminates beyond the adjacent residential structure's
property line, between sunset and sunrise. For the purposes of
this section, adjacent property shall include all property within
360 degrees of the subject property, notwithstanding an
intervening right-of-way. For the purposes of this section,
property line shall be an invisible plane extending vertically at
a 90-degree angle from ground level to a point above the
height of the highest structure on either the subject property or
the adjacent property.
Sec. 50-480