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CCPC Backup 04132012 LDCccpc MEETING LDC AMENDMENT CYCLE 2012 -1) BACK -UP DOCUMENTS APRIL 13 , 2012 4-13-12 CCPC (SPECIAL) CYCLE 2012 -1 LDC Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Tuesday, March 20, 2012 2:46 PM To: CilekCaroline; Minutes and Records Cc: Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Williams, Steven; Ashton, Heidi Subject: RE: Ad Request PL- 2010 -1450 This ad request conforms to the language most recently approved by this office, and the timing fulfulls statutory requirements. Ok to proceed. 11'anti -a Rodriguez, .A.C',-' t1c(i ani:ed Ceriifie l ParcaCe la YhO110: (239) 252 -8400 t'a : (239) 252 -6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: CilekCaroline Sent: Tuesday, March 20, 2012 2:33 PM To: min utesandrecords Ccbclerk.collier.fl.us Cc: BellowsRay; LorenzWilliam; Trish L. Morgan; NeetVirginia; RodriguezWanda Subject: Ad Request PL- 2010 -1450 Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks, Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 - 252 -2485 Under Honda Lal,, e -mail addresses are Public records. If you Jo riot want your e -rnaiI address re eased in response to a public records request, do not send eiectrori nail to this entity. nstead, contact this office by telephor e or in ^rriting. 1 March 6, 2012 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display, '/4 page, with no map attached, Legal Notice in your edition of March 23, 2012 and furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek APRIL 13, 2012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on April 13, 2012 at 9:00 A.M., in the Board of County Commissioners Meeting Room, 3`d Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112. The Collier County Planning Commission will consider amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; SECTION 3.06.07 UNREGULATED WELLFIELDS; 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC -ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (111), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS -OF -WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, ADDING SECTION 5.03.07 PORTABLE STORAGE CONTAINERS, SECTION 5.05.04 GROUP HOUSING, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.00 SIGN REGULATION AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED, ADDING SECTION 9.04.08 ADMINISTRATIVE ADJUSTMENT; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.00 APPLICATION REQUIREMENTS, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT PUD) PROCEDURES, SECTION 10.02.14 LANDSCAPE PLANS, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIR COLLIER COUNTY PLANNING COMMISSION PUBLIC HEARING Advertising Requirements Please publish the following Advertisement on Monday, March 26, 2012, and furnish proof of publication in triplicate to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Suite #401, Naples, FL 34112. The advertisement must be a 1/4" page and the headline must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that on April 13, 2012 at 9:00 A.M., in the Board of County Commissioner's Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112. The Collier County Planning Commission will consider amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; SECTION 3.06.07 UNREGULATED WELLFIELDS; 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC -ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS -OF -WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, ADDING SECTION 5.03.07 PORTABLE STORAGE CONTAINERS, SECTION 5.05.04 GROUP HOUSING, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.00 SIGN REGULATION AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED, ADDING SECTION 9.04.08 ADMINISTRATIVE ADJUSTMENT; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.00 APPLICATION REQUIREMENTS, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT PUD) PROCEDURES, SECTION 10.02.14 LANDSCAPE PLANS, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. if a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman Acct. #068779 March 22, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: LDC Amendment Cycle 2012 -1 Display Ad no map with this notice) Dear Legals: Please advertise the above referenced notice on Monday, March 26, 2012. Please send the Affidavit of Publication in TRIPLICATE, together with charges involved to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500131207 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, March 22, 2012 11:31 AM To: Naples Daily News Legals Subject: LDC Cycle 2012 -1 Planning Commission Notice (Display) Attachments: LDC Amend Cycle 2012- 1.doc; Cycle 2012 -1 LDC Special (4- 13- 12).doc Hi Amy, Please advertise the attached Display Ad (no map) on Monday, March 26, 2012. It needs to be published a.s.a.p., so if there's any way it can be published in Sunday's paper that would be great. I know the deadline for a Sunday display was yesterday, but I promised I would ask. Please let me know if you need anything else. O I'll be sending you a few more display ads (no rush requests on those though) Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn From: postmaster @coIIierclerk.com To: Naples Daily News Legals Sent: Thursday, March 22, 2012 11:31 AM Subject: Relayed: LDC Cycle 2012 -1 Planning Commission Notice (Display) Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <mai Ito: legals@naplesnews.com> Subject: LDC Cycle 2012 -1 Planning Commission Notice (Display) Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, March 22, 2012 12:18 PM To: Ann P. Jennejohn Subject: FW: I HAVE A LATE LEGAL AD FOR SUN - 3X9.25 B/W - LOCAL - Can it go in? Lemmekno. Thanks, L Ann, I've received approval (below) for publication on the 25tH You will receive a proof shortly. Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: legals (a- )naplesnews.com www.naplesnews.com From: Schneider, Lynn Sent: Thursday, March 22, 2012 12:04 PM To: Brannigan, Jim Cc: Green, Amy; Calabrese, Robin Subject: RE: I HAVE A LATE LEGAL AD FOR SUN - 3X9.25 B/W - LOCAL - Can it go in? Lemmekno. Thanks, L Okay — it's in: Ticket 240163166 AdType: DL NDN LOCAL 3X9.25 b/w Thanks, L From: Brannigan, Jim Sent: Thursday, March 22, 2012 12:00 PM To: Schneider, Lynn Subject: RE: I HAVE A LATE LEGAL AD FOR SUN - 3X9.25 B/W - LOCAL - Can it go in? Lemmekno. Thanks, L Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, March 22, 2012 3:10 PM To: Ann P. Jennejohn Subject: FW: 240163166 Attachments: LDC Amend Cycle 2012- 1.doc; Cycle 2012 -1 LDC Special (4- 13- 12).doc Ann, You will have a proof on this ad by tomorrow morning. We have reserved the space, so we will just need your approval tomorrow. Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 -325 -1251 Email: leaalsa-naplesnews.com www.naplesnews.com From: Green, Amy Sent: Thursday, March 22, 2012 3:00 PM To: Cushman, Charlene Subject: FW: 240163166 Charlene, The customer wants to know when the proof may be ready for 240163166 Thanks, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 1 Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Friday, March 23, 2012 11:21 AM To: Ann P. Jennejohn Subject: proof Attachments: NDN240163166[1].PDF Ann, Please review your attached proof and provide approval immediately. The total will be $1,265.40 for publication on Sunday, March 25th. Thank You, Naples News Legals 239) 263 -4710 NOTICE Y U BL1C N OTICE NOTICE OF PUBLIC HEARING Notice is hereby given that on April 13, 2012 at 9:00 A.M., in the Board of County Commissioner's Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112. The Collier County Planning Commission will consider amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOL- LOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICUL- TURAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; SECTION 3.06.07 UNREGULATED WELLFIELDSi3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC -ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - NEIGHBORHOOD COM- MERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- WATER- FRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (114), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS -OF -WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN STANDARDS FOR PLANNED UNIT DEVEL- OPMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, ADDING SECTION 5.03.07 PORTABLE STORAGE CONTAINERS, SECTION 5.05.04 GROUP HOUSING, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.00 SIGN REGULATION AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STAN- DARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DIS- TRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX - INFRASTRUCTURE IM- PROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUA- TION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED, ADDING SECTION 9.04.08 ADMINISTRATIVE ADJUSTMENT; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCE- DURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.00 APPLICATION REQUIREMENTS, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.14 LANDSCAPE PLANS, SECTION 10.03.05 NOTICE RE- QUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZON- ING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVE- MENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No. 240163166 March 25. 2012 Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Friday, March 23, 2012 3:15 PM To: Ann P. Jennejohn Subject: FW: proof #240163166 Attachments: N D N240163166.pdf I've attached the revised proof for your approval. Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: legals(a)_naplesnews.com www.naplesnews.com From: Cushman, Charlene Sent: Friday, March 23, 2012 3:14 PM To: Green, Amy Subject: Re: proof #240163166 Revised Proof On 3/23/12 2:18 PM, "Green, Amy" <AGreen@Naplesnews.com> wrote: Edit requested on 240163166 Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: legalsa)_naplesnews.com 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE APRIL 13, 2012 COLLIER COUNTY PLANNING COMMISSION NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on April 13, 2012 at 9:00 A.M., in the Board of County Commissioner's Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112. The Collier County Planning Commission will consider amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT, SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOL- LOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICUL- TURAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; SECTION 3.06.07 UNREGULATED WELLFIELDS; 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC -ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- NEIGHBORHOOD COM- MERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- WATER- FRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS -OF -WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN STANDARDS FOR PLANNED UNIT DEVEL- OPMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, ADDING SECTION 5.03.07 PORTABLE STORAGE CONTAINERS, SECTION 5.05.04 GROUP HOUSING, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.00 SIGN REGULATION AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STAN- DARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DIS- TRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX - INFRASTRUCTURE IM- PROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUA- TION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED, ADDING SECTION 9.04.08 ADMINISTRATIVE ADJUSTMENT, CHAPTER TEN - APPLICATION, REVIEW, AND DECISION- MAKING PROCE- DURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.00 APPLICATION REQUIREMENTS, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.14 LANDSCAPE PLANS, SECTION 10.03.05 NOTICE RE- QUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZON- ING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVE- MENTS; SECTION FOUR, CONFLICT AND SEVERABILITY, SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspec- tion in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. As- sisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No. 240163166 March 25. 2012 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicad State of Florida Counties of Collier and Lee Before the undersigned they serve as the authc appeared Barbara Boyer, who on oath says t1 the Sales Coordinator of the Naples Daily NeN newspaper published at Naples, in Collier C distributed in Collier and Lee counties of Flor attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in t on March 25th 2012 Affiant further says that the said Naples Daily News is a published at Naples, in said Collier County, Florida, and t newspaper has heretofore been continuously published in County, Florida; distributed in Collier and Lee counties o each day and has been entered as second class mail mattei office in Naples, in said Collier County, Florida, for a f year next preceding the first publication of the attache advertisement; and affiant further says that he has neithe promised any person, firm or corporation any discour commission or refund for the purpose of securing this adv( publication in the said newspaper. Signature ofafflant Sworn to and subscribed before me This 29th day of March, 2012 of notary- publicl° - CRYSTAL U.JUNCO MY COMMISSION 0 DD 881614 EXPIRES: June 27,2013 Bonded Thnl Notary Public Underwriters APRIL 13, 2012 COLLIER COUNTY PLANNING COMMISSION NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on April 13, 2012 at 9:00 A.M., in the Board of County Commissioner's Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112. TheCollierCountyPlanningCommissionwillconsideramendmentstotheCollierCountyLandDevelopmentCode, the title of which is as follows: AN ORDINANCE OF THE-BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT -CODE, WHICH IN- CLUDESTHE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOL- LOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICUL- TURAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; SECTION 3.06.07 UNREGULATED WELLFIELDS; 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC -ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - NEIGHBORHOOD COM- MERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- WATER- FRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS -OF -WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN STANDARDS FOR PLANNED UNIT DEVEL- OPMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, ADDING SECTION 5.03.07 PORTABLE STORAGE CONTAINERS, SECTION 5.05.04 GROUP HOUSING, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.00 SIGN REGULATION AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STAN- DARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DIS- TRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX - INFRASTRUCTURE IM- PROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUA- TION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED, ADDING SECTION 9.04.08 ADMINISTRATIVE ADJUSTMENT; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION- MAKING PROCE- DURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.00 APPLICATION REQUIREMENTS, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.14 LANDSCAPE PLANS, SECTION 10.03.05 NOTICE RE- QUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZON- ING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVE- MENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspec- tion in Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. As- sisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No 240163166 March 25. 2012 Chris Scott, A|[P, Senior Planner 6B ))Sunday, March 25, 2012 )) N A P L E S D A I LY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE APRIL 13, 2012 COLLIER COUNTY PLANNING COMMISSION NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on April 13, 2012 at 9:00 A.M., in the Board of County Commissioner's Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112. The Collier County Planning Commission will consider amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOL- LOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICUL- TURAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; SECTION 3.06.07 UNREGULATED WELLFIELDS; 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC -ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - NEIGHBORHOOD COM- MERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- WATER- FRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS -OF -WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN STANDARDS FOR PLANNED UNIT DEVEL- OPMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, ADDING SECTION 5.03.07 PORTABLE STORAGE CONTAINERS, SECTION 5.05.04 GROUP HOUSING, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.00 SIGN REGULATION AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STAN- DARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DIS- TRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX - INFRASTRUCTURE IM- PROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUA- TION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED, ADDING SECTION 9.04.08 ADMINISTRATIVE ADJUSTMENT; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION- MAKING PROCE- DURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.00 APPLICATION REQUIREMENTS, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.14 LANDSCAPE PLANS, SECTION 10.03.05 NOTICE RE- QUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZON- ING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVE- MENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspec- tion in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 341 +2 -5356, (239) 252 -8380, at least two days prior to the meeting. As- sisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No. 240163166 March 25. 2012 1 2 3 4 5 6 7 Text underlined is new text to be added. Te)d { 'L- th a h is GUFFent te)d to he delefcEl_ Bold text indicates a defined term LDC Amendment Request ORIGIN: Pollution Control Staff AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): Section 1.08.02 Definitions CHANGE: To add regulatory consistency to the REASON: The existing definition of a "Hazardo' which may lead to misinterpretation and impirlopc Water Protection" regulations. In addition, ' p11 Hazardous Product and/or Hazardous Waste separ separately. By defining each term separately and regulations, these amended definitionsij,are specific regulations, as amended or supersededil!','' Table substances can also be found within several of the 62 -730, 40 CFR 261, 40 CFR 302). FISCAL & OPERA' RELATED CODES GROWTH lyIANA( consisterit,with appli( Natural' Groundwater OTHER NOTESM Amend the LDC as 1.08.02 Definitions ONS: Product or Waste." duct or Waste" is broad and not specific, lementation bF Section 3.06.00 "Ground of Section 3.061"00 regulations refer to whiek requires that) each teen be defined neing the appropriate f ederal and State maintain consistency with the referenced t list hazardous wastes and hazardous enced' rules (Florida Administrative Code and State Regulations cited above. AN IMPACT Iris general this proposed amendment is of the Growth ,Management Plan's Public Facilities Element — harge, Sub- Element. TE: D6e6mber 14, 2011 Hazardous Product or Waste: Gelid waste of nnmhin +inn of solid ,e aStee whiGh beGa„o n iRGapaeitating FeveFsible illness OF may pese a substantial pFeSeRt eF petential hazard te human health eF the environment when impl:epedy tFanspGFted, disposed ef, 6teFed, tFeated e etherwise FnaRa ed 1 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \1 08 02 Def of Hazardous Product Waste CC 032112.docx 3/23/2012 9:08 AM Text underlined is new text to be added T-e)d sfrikpthr qh Bold text indicates a defined Perm1HazardousProductmeansanyhazardoussubstancedesianatedpursuantto40Codeof2FederalRegulationspart302asamendedorsupersededIngeneralahazardousproductisa3hazardoussubstancethathasareactiveignitablecorrosiveortoxiccharacteristicandif4releasedormisused, can harm people other living organisms property, or the environment5 6 Hazardous Waste shall have the meaning provided in 40 Code of Federal Regulations 261 and7FloridaAdministrativeCode62 -730 as amended or superseded. In general a hazardous waste8isawastematerialthathasareactiveignitablecorrosiveortoxiccharacteristicandif9releasedormisused, can harm people other living organisms property or the environment10 K I:TDC Amendment 2012 Cycle 1)Amendment Revisions\Author Revisions \1 08 02 Def of Hazardous Product Waste CC032112.docx 3123/2012 9:08 AM Text underlined is new text to be added. Te)d StFiketh... ..h is nt te.h to be deleted.- Bold text indicates a defined term LDC Amendment Request ORIGIN: Board Directed AUTHOR: Ray Bellows, Zoning Manager DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 1.08.02 Definitions CHANGE: Currently, the Code defines "Kenneling" as a licensed operation which houses household pets, defines the number and age of dogs permitted for residential purposes, and the number of dogs allowed for security purposes on' 'a industrial' or commercial facility. The proposed amendment removes the language pertaining the keeping of ,,dogs for residential or security purposes. REASON: During the August 27th Board of County Commissioners meeting, the Commissioners discussed several proposed LDC amendments presented by Code Enforcement. The Board approved the proposed change to the kennel definition, which seeks to remove the regulation on the on the number and age of dogs "for residential purposes" or the number permitted for a commercial or industrial security purposes. The proposed language establishes a definition that regulates a licensed business which is' permitted in the designated zoning districts. The Collier County; Domestic Animal Services Department is currently reviewing their regulations and may bring forward a'revision to the Domestic Animal Services Ordinance 2010- 03 in the future. For reference purposes, a kennel 'falls under the Standard Industrial Classification (SIC) code 0752 and; the following information is from U.S. Department of Labor, Occupational Safety & Health Administration (OSHA) website. The SIC code 0752 is more extensive than the proposed kennel definition for Collier County: Standard Industrial Classification Code 0752: Animal Specialty Services, Except Veterinary Establishments primarily engaged' I in performing services, except veterinary, for pets, equines, and other animal specialties. Establishments primarily engaged in performing services other than veterinary for cattle, hogs, sheep, goats, and poultry are classified in Industry 0751. Establishments primarily engaged in training racehorses are classified in Services, Industry 7948. Animal shelters Artificial insemination services: animal specialties Boarding horses Boarding kennels Breeding of animals, other than cattle hogs, sheep, goats, and poultry Dog grooming I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \1 08 02 Definitions—kenneling CAO021512 CC 0 32 012 . do Cx Caroline Cilek 3/23/2012 9:12 AM Text underlined is new text to be added. Te)d e•tFiketh.e. gh is nt te)d M he deleted-. Bold text indicates a defined term Dog pounds Honey straining on the farm Pedigree record services for pets and other animal specialties Showing of pets and other animal specialties Training horses, except racing Training of pets and other animal specialties Vaccinating pets and other animal specialties, except by veterinarians Reference: "0752 Animal Specialty Services, Except Veterinary" OSHA website. Accessed Dec. 21, 2011. Nvww.osha.gov /pis /imis /sic manual. display ?id= 360 &tab= description In Collier County, kennels are allowed as permitted or conditional uses in the following districts: 1) Agricultural District 2) Commercial 2 District (as part of a veterinary practice, indoor kennel only) 3) Commercial 3 District (as part of a veterinary practice, indoor kennel only) 4) Commercial 4 District (permitted use - indoor only; conditional use- outdoor kennel) 5) Commercial 5 District (permitted use - indoor only; conditional use - outdoor kennel) 6) Golden Gate Parkway Professional Office Commercial., Overlay (as part of a veterinary practice, indoor kennel only) FISCAL & OPERATIONAL IMPACTS: Fiscal and operational impacts for the County include continued regulation by the Domestic Animal Services Department; as well as reduced regulation by Code Enforcement officers. RELATED CODES OR REGULATIONS - Domestic Animal Services Department, as a result of the proposed amendment, may request an amendment to the Domestic Animal Services Ordinance, 2010 -03. GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek Senior Planner, Land Development Services on October 11, 2011. Edited Dec.21, 2011; Edited March 21, 2012 Amend the LDC as follows: 1 1.08.02 Definitions 2 X x x x X x X x X x X X x 3 Kenner: An establishment licensed to operate required to be licensed which operates 4 as a facility housing dogs, cats, or other household pets. OF the Loonier of mere than 3 CJ `Jogs C: months or eli -lnr nn premises used for rec irlen1ieI nllr. Sec er_the keeping of 6 meTe than 2 .Jogs on nrnnerty used fer iRd Strial nr rnmmereial cent lrity nl Fpeses_ 7 # # # # # # # # # # # # # 2 LTDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \1 08 02 Definitions—kenneling CAO0 21512 CC 0 3 2 012 . docx Caroline Cilek 3/23/2012 9:12 AM Text underlined is new text to be added. Se..F stFiketh FO gh 'n nF Fe.A Fe L. deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board Directed AUTHOR: Ray Bellows, Zoning Manager DEPARTMENT: Growth Management Division, Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 1.08.02 Definitions 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts J' 4.07.02 Design Standards for CHANGE: To amend Section 1.08.02 to include "required yard" in the usable open space definition. The change to the definition of "usable open s ace " creates ajjr inconsistency with the definitions provided in Section 4.02.01 Dimensional. Standards for Principle Uses in Base Zoning Districts and Section 4.07.02 Design Standards for Planned Unit Developments. Staff recommends both sections are revised for clarity and that these definitions are removed to prevent potential conflicts with future changes. REASON: During the January 25 2007 hearing for the Evaluation and Appraisal Report (EAR), the Board of County Commissioners discussed .with Staff and other participants the usable open space definition. The discussion identified the usable open space definition did not include the terms "yard and lawn," and therefore these areas had not been included in the usable open space calculations during reviews by staff. The'speakers noted that these terms had been included in the applied definition in prior years and review's by staff. Further, that "yards and lawns" were included in usable open space, definition for the recent plan for the Rural Fringe Mixed Use District. The proposed language stems from this dialogue and adds the term "required yard" to the usable open space definition. The term "required yard" identifies the area outside of the setbacks of the principal building structure. This addition will provide clarity to calculating the usable open space within residential and mixed use developments. Removing the usable open'' space definitions in sections 4.02.01 and 4.07.02 will eliminate inconsistencies with the future revisions. FISCAL & OPERATIONAL IMPACTS: The proposed change will ease the burden for residential developments, particularly for smaller infill parcels, in meeting the sixty (60 %) percent usable open space requirement for residential developments. Further research and discussion are warranted to identify any fiscal or operational impacts to the County. RELATED CODES OR REGULATIONS: Growth Management Plan, Rural Fringe Mixed Use District I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \1 08 02 Definitions usable open space 032012final.docx 3/23/2012 9:12 AM Text underlined is new text to be added. T-e)d `tFikethrn nh as nt text to be deleted, Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: Useable open space is identified in the FLUE, for Rural Fringe Mixed Use District Receiving Lands. The policy is written as follows: IX) B. Rural Fringe Mixed Use District IX) A) Receiving Lands 7. Open Space and Native Vegetation Preservation Requirements: XV) a) Usable Open Space: Within Receiving Lands projects greater than 40 acres in size shall provide a minimum of 70% usable open space. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and lawn, yardI'and landscape areas. Open water beyond the perimeter of the site, street right -of -way, except where dedicated or donated for public uses, driveways, off - street parking and loading areas, shall not be counted towards required Usable Open Space (GMP, FLUE pg. 71 -72). To ensure future developments are consistent with the GMP usable open space provisions, additional language identifying the higher standards in the Rural Fringe Mixed Use District has been included in the proposed amendment. STAFF RECOMMENDATIONS Stdff recommends utilizing the proposed language as an interim standard and reexamining the open space issue in wi ore comprehensive manner during the next LDC Amendment cycle. The existing requirements and definitions can be revised to better differentiate open space and recreation areas. Further analysis may determine that specific types of open spaces should be incentivized, prioritized or limited! Furthermore, there are several planning efforts within the County, such as the!! Master Mobility Plan and the Low Impact Design LID) Recommendation of the Watershed Management Plans which are in progress and may include examining open ''space needs and functionality and provide a more comprehensive approach to open space. ADVISORY BOARD RECOMMENDATION DSAC: Recommended striking the word usable in an earlier draft. At that time, it had not been proposed to include "required yard" in the definition. In a second review of the definition changes, DSAC recommended the following text change: "Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation, and lawn, yard and er landscaped areas (whether privately or publicly owned) ..." EAC: The EAC reviewed an earlier draft which maintained 60% open space for a residential development, half of which would be usable open space. The EAC recommended that this only apply to developments 20 acres or less. OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner on March 9, 2012; March 15, 2012; March 20, 2012 Amend the LDC as follows: 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \1 08 02 Definitions_usable open space 032012final.docx 3/23/2012 9:12 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Text StFiketh FGUgh is nt text to be deleted. Bold text indicates a defined term 1.08.02 Definitions Open space: Areas that are not occupied by buildings, impervious parking areas, streets, driveways or loading areas which may be equipped or developed with amenities designed to encourage the use and enjoyment of the space either privately or by the general public. Examples of open space include: areas of preserved indigenous native vegetation; areas replanted with vegetation after construction; lawns, landscaped areas and greenways; outdoor recreational facilities; and, plazas, atriums, courtyards and other similar public spaces. Open space, common: Those areas within or related to a development, not in individually owned lots designed and intended to be accessible to, and for the common use or enjoyment of, the residents of the development, or the general public. Open space, usable: Active or passive recreation areas such as aprks, playgrounds, tennis ceuFts, golf courses, beaGh fFentage, waterways, lakes 4ageees, dplains, nature trails and other similar open spaces. Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation, required yards (setbacks) and sF landscaped areas, which are accessible to and usable by residents of an individual lot, the development, or the general public. Open water area beyond the perimeter of the site, street rights -of -way, except where dedicated or donated for public uses, driveways, off - street parking aFeaT and ef#- StFeet- loading areas,, shall not be counted in towards required jaUsable eOpen sSpace. 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts B. Usable eOpen space red rements.r, Usable open' space shall be provided as dFiveways, leadin ' not he neupted iii idete RniniRg usable eneR space 1. In residential developments, at least sixty (60) percent of the gross area shall be devoted to usable open space. This requirement shall not apply to individual single - family lots less than 2.5 acres in size. 2. In developments of commercial, industrial and mixed use including residential,, at least thirty (30) percent of the gross area shall be devoted to usable open space. This requirement shall not apply to individual parcels less than five (5) acres in size. 3. Historical /archaeological resources that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological resources shall qualify for any open space requirements mandated by the development regulations. 4.07.02 Design Standards for Planned Unit Developments G. Open space requirements. Usable open space for PUDs shall be provided as follows, except as required in the Rural Fringe Mixed Use District within the Future Land Use Element of the Growth Management Plan. 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \1 08 02 Definitions—usable open space 032012final.docx 3/23/2012 9:12 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Text underlined is new text to be added. Te)d StFikethFO gh is Rt te)d to he .deleted Bold text indicates a defined term spase. 1. Within PUD districts composed entirely of residential dwelling units an accessory uses;; at least sixty (60) percent of the gross area shall be devoted to usable open space. 2. Within PUD districts containing commercial, industrial and mixed use including residential, at least thirty (30) percent of the gross area shall be devoted to usable open space. 4 LTDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \1 08 02 Definitions—usable open space 032012final.docx 3/23/2012 9:12 AM 1.10VIN—M-1; mgmi I IN. spase. 1. Within PUD districts composed entirely of residential dwelling units an accessory uses;; at least sixty (60) percent of the gross area shall be devoted to usable open space. 2. Within PUD districts containing commercial, industrial and mixed use including residential, at least thirty (30) percent of the gross area shall be devoted to usable open space. 4 LTDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \1 08 02 Definitions—usable open space 032012final.docx 3/23/2012 9:12 AM Text underlined is new text to be added. Text GtFkethmugh 66 GUFFeRt te)d to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHORS: John Houldsworth, Sr. Site Plans Reviewer DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 1.08.02 Definitions CHANGE: Reinsert definition of Rural Subdivision REASON: The definition was inadvertently omitted during re-codification. FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts for the County. RELATED CODES OR REGULATIONS: LDC Section 4.03.03 I GROWTH MANAGEMENT PLAN IMPACT:,., N/A OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services, on October 12, 2011; March 22, 2012 Amend the LDC as follows: 1 1.08.02 Definitions 2 *, 3 Rural Subdivision: The division of a parcel of land within the area defined as 4 Rural /Agricultural on the Collier County Future Land Use Map whether improved or 5 unimproved, into three or more continuous parcels of land each of which is fives arras nr 10 11 12 13 14 15 16 17 18 19 b. Lots or parcels five acres or greater that are created after December 31 1993 and prior to July 15, 1998 that gain access through a grant of a private access easement or private right -of -way; or C. Lots or parcels five acres or greater which are created after July 15 1998 that gain access through a grant of a private access easement or private right-of-way. This form of a rural subdivision shall not be exempt from the preliminary subdivision plat (PSP) process. However, required subdivision improvements and standards shall be reviewed by the Land Development Services Director on a case by case basis. I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \1 08 02 Definitions—Rural Subdivision A_omission 032212.docx 3/23/2012 9:13 AM Text underlined is new text to be added. Te.h striketh Fough 06 GUFFent te)d to be deleted Bold text indicates a defined term 1 Any other past prior or future divisions of land defined as Rural /Agricultural on the Collier 2 County Future Land Use Map withOR the rural area and ether areas aF r`ellier Ge, n +„ not 3 meeting the above definition shall not qualify as rural subdivisions. See Section 4.03.03 4 1 for rural subdivision regulations. 5 # # # # # # # # # # # # # F, I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \1 08 02 Definitions—Rural Subdivision A_ omission 032212.docx 3/23/2012 9:13 AM 1 2 3 4 5 6 7 8 9 LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Ray Bellows, Zoning Manager DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 2.01.03 Essential Services CHANGE: The proposed amendment amends sut uses as approved in the September 11, 2001 Memc County Airport Authority and the Environmental l Settlement Agreement (July 20, 1982), including National Audubon Society, the Florida Audubon S Izaak Walton League, Florida Division, the Florid the South Florida Water Management District, the The Deltona Corporation, and Collier C, ounty. REASON: This LDC amendment is infF an essential service on the portion of the Text underlined is new text to be added. Bold text indicates a defined term section 201`.03.B to allow aviation related randum of Understanding between the Collier ntervener Signatories to the Deltona he Conservancy of Southwest Florida, the ociety, the Environmental Defense Fund, the t Department of Environmental Protection, Florida Department of Community Affairs, arify that aviation related uses are permitted as a,nd Airport development footprint that is zoned Conservation. The change will make the zoning consistent with the Airport Master Plan adopted by the Collier County Growth Management Plan per Policy' 11.1 of the Transportation Element. i; FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. ' GROWTH' MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Prepared by Caroline Brigham on.March 14, 2012, March 21, 2012 Amend the LDC as follows: 2.01.03 - Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions\2 01 03 Essential Services_avaiation - CC032112.docx Caroline Cilek 3/23/2012 9:15:40 AM Text underlined is new text to be added. Bold text indicates a defined term 1 1. Water lines and sewer lines; 2 2. Natural gas lines, except those associated with oil extraction and related 3 processing operations as defined in this Code and regulated under applicable 4 federal and state law; 5 3. Telephone lines, telephone switching stations, and cable television lines; 6 4. Communication towers, limited to those providing wireless emergency telephone 7 service, subject to all applicable provisions section 5.05.09 of this Code; 8 5. Electrical transmission and distribution lines, substations, and emergency power 9 structures; 10 6. Sewage lift stations and water pumping stations; 11 7. Essential service wells (including extraction facilities and requisite ancillary 12 facilities); 13 8. Any other wells which have been or will be permitted by the South Florida Water 14 Management District or the Florida Department of Environmental Protection 15 either prior to or subsequent to the effective date of this ordinance, or if the 16 respective well and /or well related facility is otherwise required to be installed or 17 constructed by law. If any proposed well is a Collier County owned well under the 18 permitting jurisdiction of a Florida agency, staff, early in the County's well permit 19 application process, shall post 'sign(s) at the County's proposed well site(s) and 20 shall provide written notice that the county has applied for a required well permit 21 to property owners within 300 feet of',the property lines of the lots or parcels of 22 land on which the applied -for well is being sought by the County, including, if 23 applicable, the times arld places of the ''permitting agency's scheduled public 24 hearings; and 25 9. Conservation Collier lands which provide for permitted nondestructive, passive 26 natural resource based recreational and educational activities, exclusive of major 27 improvements. Permitted minor. improvements shall be limited to one (1) ground to28sign, not exceed eight (8) feet in height with a maximum sign area of thirty - 29 two (32) square feet; a parking!; not to exceed twenty (20) parking spaces; 30 hiking trails ; a fully accessible trail or trail section; educational kiosks not to 31 exceed one hundred (100),,, square : feet; and public restroom facilities not to 32 exceed five hundred (500) square feet. The provisions for Conservation Collier 33 lands' in this Code do not affect the underlying zoning districts or land use 34 designations' in any district where Conservation Collier lands are established. 35 Such that no expansion or diminution of the various zoning district permitted uses 36 is intended or implied by these provisions, except as stated above with respect to 37 minor improvements. Oil and gas exploration as defined and regulated in this 38 Code remains a permitted use on or beneath Conservation Collier lands 39 established in any zoning district providing for oil and gas exploration as a 40 permitted use pursuant to subsection 2.03.09 B.1.a.viii. 41 B. Permitted Essential services IN CON districts, RFMU sending lands, NRPAs, HSAs, 42 and FSAs. 43 1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within 44 designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas 45 FSA) within the RLSA overlay district subject to the limitations set forth in 46 section 4.08.08 C., the following essential services are permitted: 47 a. Private wells and septic tanks; 48 b. Utility lines, except sewer lines; 49 C. Sewer lines and lift stations, only if located within already cleared portions 50 of existing rights -of -way or easements, and necessary to serve a 51 publicly owned or privately owned central sewer system providing service 52 to urban areas; or the Rural Transition Water and Sewer District, as 2 hLDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions\2 01 03 Essential Services _ avaiation - CC032112.docx Caroline Cilek 3/23/2012 9:15:40 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Text underlined is new text to be added. Te.et strikethrn„eh is nt tevt to he .Deleted Bold text indicates a defined term delineated on the Urban -Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban -Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP. e. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty -two (32) square feet; a parking area, not to exceed twenty (20) parking spaces;; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public ... restroom facilities not ;to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above for minor improvements., Oil and gas exploration` °as defined and'regulated in this Code remains a permitted use on' or beneath Conservation Collier lands established in the CON zoning district providing for oil and gas exploration as a permitted use subject to subsection 2.03.09 B.1.a.viii. f. Aviation related uses as approved in the September 11, 2001 Memorandum of Understandinq between the Collier County Airport Authority and the Environmental Intel rVener Signatories to The Deltona Settle ment' Agree ment (July 20' 1982), including The Conservancy of So' uthwest Florida. The National Audubon Societv. The Florida Auduhon Society, The, Defense Fund, Izaak Walton League FI Division, The Florida Department of Environmental Protection, The Florida Water Management District, The Florida Department of Community' Affairs, The Deltona Corporation, and Collier County. 3 I: \LDC Amendment 2012 Cycle 1 Wmendment Revisions\Author Revisions\2 01 03 Essential Services_avaiation - CC032112.docx Caroline Cilek 3/2312012 9:15:40 AM Text underlined is new text to be added. Te.h StFiketh.eu ..h is ..t te)d to be .deleted Bold text indicates a defined term LDC Amendment Reguest ORIGIN: Growth Management Division, Planning and Regulation AUTHOR: Ray Bellows, Zoning Manager DEPARTMENT: Growth Management Division, Planning and Regulation AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): LDC Ordinance 91 -102, Ordinance prior to re -c LDC Ordinance 04 -41, Ordinance re- codified: Standards for Principle Uses in Base Zoning Requirements (Setbacks) for Base Zoning Distri CHANGE: In the Collier County Ordinance ''9 2.2.3.4.2 there was a passage regarding side yz E) District. During the re- codification of the The proposed amendment would add the,follov 2.2.3.4.3.2 B; Section 4.02.01- Dimensional le 2.1- Table of Minimum Yard 02 (the LDC prior to re- codification), Section tbacks for nonconforming lots in the Estates sage was unintentionally omitted. the4rrent LDC Ordinance' s " Side yard: 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten (10) percent of the width of the lot, not to exceed a maximum requirement of 30 feet." REASON: The proposed ,amendment corrects an error of omission made during the re- codification of the LDC. FISCAL &'OPERATIONAL IMPACTS: None. provision is a current regulation. RELATED CODES OR REGULATIONS: N/A GROWTH MANAGEMENT PLAN IMPACT: requirements. In accordance with LDC 04 -411 this The GMP does not address setback The LDC states: "WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1;" I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\2 03 01 Agricultural Zoning Districts—error of omission - CC 031412.docx \3/23/2012 9:17 AM Text underlined is new text to be added. Te)d StFikethmugh is nt te)d to he deleted Bold text indicates a defined term ADVISORY BOARD RECOMMENDATIONS: DSAC: Recommended striking through the last clause of 2.03.01 B.2.d, ", not to exceed a maximum requirement of 30 ft." because it is viewed as an impossible situation. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services, October 6, 2011, March 14, 2012 Amend the LDC as follows: 1 2.03.01 Agricultural Zoning Districts 2 3 B. Estate District (E). 4 >F 5 2. Minimum yard Requirements. See subsection 4.02.01, A. Table 2.1 for the 6 general requirements. The following are exceptions to those requirements: 7 a. Conforming Corner lots'. Conforming corner lots; in which only one full 8 depth setback shall be required along the shorter lot line along the 9 street. The setback along the longer lot,lien may be reduced to 37.5 feet, 10 so long as no right -of -way or right -of -way easement is included within 11 the reduced front yard. (See Exhibit ,;A) 12 ESTATES: CONFORMING CORNER LOT R.O.W PIL -- — — -— -- - - R.O.W FRONT SETBACK 37.5' REDUCED BY I 50% I I i PAL P L 160' II _ 75' LOT WIDTH FULL FRONT y SETBACK SETBAC t W I I I I I SIDE SETBACK 30 2 /._. ._ — __. —._.. P [L.._ Example -lot width may vary, but never R.O.W less than 150' - SETBACKS MEASURED FROM R.O.W. LINE R.O.W - WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W. LINE PROPERTY LINE 13 14 15 b. Nonconforming Corner lots. Nonconforming corner lots of record, in 16 which only one full depth setback shall be required along the shorter lot 17 line along the street. The setback along the longer lot line may be 18 reduced to 15 feet, so long as no right -of -way or right -of -way easement 19 is included within the reduced front yard. (See Exhibit B) 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\2 03 01 Agricultural Zoning Districts—error of omission - CC 031412.docx \3/23/2012 9:17 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Text underlined is new text to be added. Te)d st FiLethrough as ent te)d to he deleted Bold text indicates a defined term ESTATES: NON - CONFORMING CORNER LOT R.O.W L R.O.W REDUCED I 15 FRONT SETBACK IT75' LOT 10% LOT 10 ' WIDTH FULL FRONT WIDTH P SETBACK I 10% LOT I I WIDTH P(L L 10.5' – PA-- R.O.W R.O.W SETBACKS MEASURED FROM R.O.W. LINE WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W.LINE PROPERTY LINE — – – — C. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge, of the right -of -way. L The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve Isuch lots is prohibited. Front yards along the local road shall be developed with structures having••an average front yard with a variation of not more than six feet; no building'' thereafter erected shall project beyond the average line so established. d. Legal Nonconforming Lots of Record, which are nonconforming due to inadeauate lot width. in which case the required side vard shall he comnuted at 3 I: \LDC Amendment 2012 Cycle 1 )Amendment Revisions )Author Revisions\2 03 01 Agricultural Zoning Districts —error of omission - CC 031412.docx \3/23/2012 9:17 AM COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION PLANNING AND REGULATION Co *r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 262 -6358 www.colliergov.net APPLICATION FOR: AMENDMENT TO THE LAND DEVELOPMENT CODE PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED APPLICANT INFORMATION Applicant's Name: Patrick Vanasse o /b /o the Bayshore Gateway Triangle CRA Firm: RWA, Inc. Address: 6610 Willow Park Drive City: Naples State: FL ZIP: 34109 Phone: 239.575.0575 Fax: 239.575.0578 E -Mail: pvanasse(cD-consult- rwa.com Please describe LDC amendment request on attached template SUBMITTAL REQUIREMENTS Application Fee: $3,000 (payable to the Board of County Commissioners) LDC Amendment Request attachment The application can be delivered to the or mailed to: Growth Management Division /Planning and Regulation Business Center, 2800 North Horseshoe Drive, Naples, Florida 34104. LDC AMENDMENT REQUEST ORIGIN: BCC Directed; Bayshore Gateway Triangle CRA AUTHOR: Patrick Vanasse, AICP Robert Mulhere, AICP RWA, Inc. Mulhere & Associates DEPARTMENT: AMENDMENT CYCLE: January 2011 LDC PAGE: LDC SECTION(S): 1.08.02 Definitions; 2.03.07 I. Bayshore Drive Mixed Use Overlay; 2.03.07 N. Gateway Triangle Mixed Use Overlay; 4.02.16 Design Standards for the BMUD - Neighborhood Commercial Subdistrict; 4.02.17 Design Standards for the BMUD - Waterfront Subdistrict; 4.02.18 Design Standards for the BMUD - Residential Subdistrict (R1); 4.02.19 Design Standards for the BMUD - Residential Subdistrict (R2); 4.02.20 Design Standards for the BMUD - Residential Subdistrict (R3); 4.02.21 Design Standards for the BMUD - Residential Subdistrict (R4); 4.02.35 Design Standards for the GTMUD - Mixed Use Subdistrict (MXD); 4.02.36 Design Standards for the GTMUD - Residential Subdistrict (R); 10.02.00 APPLICATION REQUIREMENTS CHANGE: The amendments represent a comprehensive rewrite of the Bayshore and Gateway Triangle Mixed Use Overlays. The amendments reorganize the Overlays that relate to the Bayshore Gateway Triangle Community Redevelopment Agency CRA) to remove redundencies and improve formatting. The reorganization includes consolidating the design standards for all of the Subdistricts into one section; establishing a simplified Table of Uses; consolidating all supplementary standards for specific uses into one section; and moving the MUP review and approval process to Section 10.02.00. The proposed amendments also revises the lot and dimensional standards for some subdistricts: revises the parking requirements: revise the landscaping and buffer requirements; revises the architectural standards; and introduces nonconforming provisions that are specific to the CRA. REASON: To ensure that the CRA overlays respond to current market conditions, address minor technical issues, and are consitent with CRa goals and objectives. FISCAL & OPERATIONAL IMPACTS: The CRA amendments will be subject to the applicable fee of $3,000 per amendment and all associated advertising costs. RELATED CODES OR REGULATIONS: Land Development Code GROWTH MANAGEMENT PLAN IMPACT: Staff, as part of the LDC review and vetting process will assess the proposed amendments to the LDC for consistency with the Growth Management Plan during the review portion of the cycle OTHER NOTESNERSION DATE: Original Submittal /November 30, 2010 Amend the LDC as follows: See Attached BAYSHORE /GATEWAY TRIANGLE OVERLAY AMENDMENTS For the purposes of clarity and comprehension the Bayshore /Gateway Triangle Overlay regulations have been reorganized from the existing LDC format. The following list provides a brief description and the page number of the substantive changes. The substantive changes are as follows: 1) Addition of Uses to Definition 1.08.02 Pg. 2 2) Addition of galleries, artist's studios, and live work to BMUD Subdistrict 2.03.07 Pg.6 3) Uses added (Live Work, Artist's Village, Community Gardens) 2.03.07 Pg. 10+ 4) Uses added (Live Work, Artist's Village, Community Gardens, Lawn & Garden) 2.03.07 Pg. 20+ 5) Single family minimum floor area reduced from 1300 to 1100 sq. ft. BMUD -R1 4.02.18 Pg. 28 6) Single family min floor area reduced from 1300 to 1100 sq.ft. GTMUD 4.02.18 Pg. 35 7) Guest house max area from 570 t0 750, must be new construction 4.02.16 Pg. 43 8) Addition of Artist Village 4.02.16 Pg. 44 9) Addition of Community Garden 4.02.16 Pg. 45 10) Addition of Live -Work Units 4.02.16 Pg. 45 11) Mixed Use Project 30% open space request for deviation 10.03.05 Pg. 50 12) Glazing reduce 35% to 30% & 30% to 25% 4.02.18 Pg. 72 13) Exterior Building Colors deviation language 5.05.08 Pg. 75 14) Awnings deviation language 5.05.08 Pg. 75 15) Buffer and tree spacing changed from no more that 25 on center to 30 4.02.16 Pg. 77 16) Right of way buffers coordinate with streetscape guidelines 4.02.16 Pg. 78 17) Water Management (area may be located in buffer area) 4.02.16 Pg. 82 18) On Street Parking 4.02.16 Pg. 84 19) Addition of Mural Language 5.06.00 Pg. 88 20) Non - Conforming language 2.03.07 Pg. 88 -90 21) Mixed Use Project types and Administrative approval 10.02.15 Pg. 91+ additional pages 1 PROPOSED OVERLAY OUTLINE 2.03.07 OVERLAY ZONING DISTRICTS I. Bayshore Drive Mixed Use Overlay District. 1. Purpose and Intent 2. Applicability 3. Relationship to Underlying Zoning and Comprehensive Plan 4. Bayshore Mixed Use District (BMUD) Subdistricts, Use Categories and Tables of Permitted Uses. a. Bayshore Mixed Use District Subdistricts i. Neighborhood Commercial Subdistrict (NC) ii. Waterfront Subdistrict (W) iii. Residential Subdistrict 1 (R1) iv. Residential Subdistrict 2 (R2) v. Residential Subdistrict 3 (R3) vi. Residential Subdistrict 4 (R4) b. Use Categories and Table of Permitted Uses i. Use Categories ii. Interpretation of Table of Permitted Uses iii. Table of Uses a) Residential b) Lodging c) Office /Service d) Retail /Restaurants e) Entertainment Recreation f) Man ufacturingNVholesale /Storage g) Civic/institutional h) Infrastructure N. Gateway Triangle Mixed Use Overlay District. 1. Purpose and Intent 2. Applicability 3. Relationship to Underlying Zoning and Comprehensive Plan 4. Gateway Triangle Mixed Use District ( GTMUD) Subdistricts, Use Categories and Table of Uses. a. Gateway Triangle Mixed Use District Subdistricts i. Mixed Use Subdistrict (MXD) ii. Residential Subdistrict (R) b. Use Categories and Table of Uses i. Use Categories ii. Interpretation of Table of Permitted Uses iii. Table of Uses a) Residential b) Lodging c) Office /Service d) Retail /Restaurants e) Entertainment Recreation f) Manufacturing/Wholesale /Storage g) Civic/Institutional h) Infrastructure 4.02.16 Design Standards for Development in the Bayshore GE A. Dimensional and Design Standards for the BMUD 1. Neighborhood Commercial Subdistrict 2. Waterfront Subdistrict 3. Residential 1 Subdistrict 4. Residential 2 Subdistrict 5. Residential 3 Subdistrict 6. Residential 4 Subdistrict 7. Exceptions to Dimensional Requirements B. Dimensional and Design Standards for the GTMUD 1. Mixed Use Subdistrict 2. Residential Subdistrict 3. Exceptions to Dimensional Requirements C. Additional Standards for Specific Uses 1. Accessory Parking Zones 2. Accessory Uses to Residential Structures 3. Artist Village EXISTING OVERLAY PROVISION 2.03.07 1 2.03.071.1 2.03.071.2 New (portions of 2.03.071.2.d and 2.03.071.7.g and h) New Heading 2.03.071.6 2.03.07 1.6.a 2.03.07 1.6.b 2.03.07 1.6.c 2.03.07 1.6.d 2.03.07 1.6.e 2.03.07 1.61 New New New New Table (2.03.07 1.6.a Tables 1 and 2 and 2.03.07 1.6.c -f.i.a and b) 2.03.07 N 2.03.07 N.1 2.03.07 N.2 New (portions of 2.03.07 N.2.d New Heading and 2.03.07 N.6.c and d) 2.03.07 N.6 2.03.07 N.6.a 2.03.07 N.6.b New New New New Table (2.03.07 N.a Tables 1 and 2, and 2.03.07 N.b.i -iii) teway Triangle CRA 4.02.16 A 4.02.16 A Table 11 4.02.17 A Table 12 4.02.18 A and B.4.a, 4.02.19 A Table 14 4.02.20 A -D 4.02.21 A B.54 and B.6 Table 13 4.02.35 A 4.02.35 A Table 1 4.02.36 A Table 2, CA.a and e, c.5.c New Heading 4.02.16 D.5 4.02.18 B.6 / 4.02.36 C.6 New 4. Bed & Breakfast Facilities 5. Community Garden 6. Live Work Units 7. Marinas 8. Mixed Use Developments 9. Outdoor Display and Sale of Merchandise D. Building Types and Architectural Standards E. Landscaping and Buffer Requirements F. Parking Standards G. Signage H. Murals I. Nonconformina Provisions 4.02.16 1 New New 4.02.17 B Portions from 10.03.05 G 4.02.16 C 4.02.16 E and G, 4.02.18 B.2 -5 and 7 4.02.16 F 4.02.16 D and 4.02.18 B.5 4.02.16 H New (5.06.00) 10.02.15 Mixed Use Project Procedures A. Mixed Use Project Approval Types New 1. Administrative Approvals New 2. MUPs requiring Public Hearing 10.03.05 F., G. and 2.03.07 1.3 and N.3 B. MUP Deviations 2.03.07 1.5 and N.5 C. Bonus Densitv Pool Allocation 2.03.07 1.4 and NA UNHIGHLIGHTED SECTIONS REPRESENTAMENDED PROVISIONS GREEN HIGHLIGHTED SECTIONS REPRESENT NEW PROVISIONS 1.08.02 Definitions 2 3 Artists Village: A residential development intended exclusively for the housing of artists, 4 such as painters sculptors and iewelry makers, and that consists of one or more multifamily 5 attached dwellings clustered single - family detached dwellings, or a combination thereof, with 6 shared studio and /or gallery space that may be used by all residents. 7 8 Community Garden: A single piece of land managed and maintained by a group of 9 individuals to grow and harvest food crops and /or non -food, ornamental crops such as flowers, 10 for personal or group use, consumption or donation. Community gardens may be divided into 11 separate plots for cultivation by one or more individuals or may be farmed collectively by 12 members of the group and may include common areas maintained and used by group 13 members. 14 15 Live Work Units: A single family detached residential building that has a commercial and 16 residential use within the same building, and a single owner tenant occupying both spaces. 17 18 Mixed use project approval process: A process by which a land owner may petition tl4e 19 GGG for approval of a mixed use project — a mix of commercial and residential uses, as 20 provided for in certain zoning overlay districts. If located within certain subdistricts in the 21 Bayshore Drive Mixed Use Overlay District or the Gateway Triangle Mixed Use Overlay District, 22 such a petition may include a request for increased density by use of bonus density pool units. 23 0 Due to the extensive amount of reorganization from the existing LDC, a standard Strikethrough /Underline format is not practical. Therefore, the amendments beginning on Page 3 are shown in the following format in order to illustrate how existing text has been amended: New Text is Shown in Clean Copy without Strikethroughs or Underlines, which represents a clean copy of the proposed regulations. Old # #. # #.## (or #s) Existing LDC Sections are shown in a text box under the new text. When applicable, the old text is shown in stFiket iFo gh /underline format. In some instances, the ordinance sections shown in the text box are from portions of the LDC other than the BMUD or GTMUD Overlays; these are merely references to where amendment language was obtained and are not proposed to be deleted from their existing location. 5 1 2.03.07 Overlay Zoning Districts 2 I. Bayshore Mixed Use Overlay District (BMUD). 3 This section provides special conditions for the properties adjacent to Bayshore Drive as 4 referenced on BMUD Map 1; and further identified by the designation "BMUD" on the 5 applicable official Collier County Zoning Atlas Map or map series. G 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I. Bayshore Drive Mixed Use Overlay District (BMUD). This section provides sSpecial conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation 'BMUD" on the applicable official Collier County Zoning Atlas Map or map series. Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle Community Redevelopment Area (CRA) with pedestrian- oriented, transit -ready interconnected projects. The Overlay encourages uses that support pedestrian activity, including a mix of residential, civic and commercial uses that complement each other and provide for an increased presence and integration of the cultural arts and related support uses. When possible buildings, both commercial and residential, are located near the street, and may have front porches and /or balconies. Purpose and Intent. a.- The purpose and intent of this gays hnr° nri,, , eni.,°n „ °rl °„ District is to encourage revitalization of the Bayshore Drive oprtionanditsenVi~^^° whinh is paFt of the Bayshore PGateway Triangle Community Redevelopment Area (CRA) 9y -with TND) nr°i°nte TN[)s are typiGall„ human - scale, pedestrian- oriented, interconnected projects. The Overlay encourages uses that support pedestrian activity, including-with a mix of residential, civic and commercial uses sUGh as retail, #ice and GiVio amenities that complement each other and provide for an increased presence and integration of the cultural arts and related support services. Residenfial uses are often loGated abGve GE)FnrneFGial uses, bUt Gan be separate areas of Fesidential Use eRly With Glese PFC)XiFnity te GE)FArneFGial uses. An inteFG0nne6ted street system is the basis fe the tFanspeFtati„n n°+,.,nrl, When possible buildings, both commercial and residential, are located near the street, and may have front porches and /or balconies. 2. Applicability a. These regulations shall apply to the Bayshore Mixed Use Overlay District as identified on BMUD Map 1 and further identified by the designation BMUD” on the applicable official Collier County Zoning Atlas Maps. 2. Applicability a. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. EXGep+ as eth °n.,ise nrn„ided by this requiFed in then nlinnhl° i ndedyinn vnninn Gategory. b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, including amendments or boundary changes to these PUDs, are not subject to the Bayshore Overlay District requirements. G b. €-x+stiRgPlanned Unit Developments (PUDs) that existed prior to March 3. 2006, including amendments or boundary changes to these PUDs are not subject to the Bayshore Overlay District requirements; however, of In Inf lulled in the Q., shE)Fe Overlay [)*StFiGt and must eamply with the rer. irew,ents stated herein 2 3. Relationship to the Underlying Zoning Classification and Collier County 3 Growth Management Plan 4 a. The purpose of the BMUD is to fulfill the goals, objectives and policies of 5 the Collier County Growth Management Plan (GMP), as may be 6 amended. Specifically, the BMUD implements the provisions of Section 7 V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future 8 Land Use Element. Portions of the Bayshore Overlay District coincide 9 with Mixed Use Activity Center #16 designated in the Future Land Use 10 Element (FLUE) of the Collier County Growth Management Plan. 11 Development in the activity center is governed by requirements of the 12 underlying zoning district and the mixed use activity center subdistrict 13 requirements in the FLUE, except for site development standards as 14 stated in section 4.02.16 of this Code. 15 16 17 18 19 20 21 2.03.07 1.6. Bayshore Mixed Use District (BMUD) Subdistricts The purpose of the BMUD is to fulfill the goals, obiectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the BMUD implements the provisions of Section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Bayshore Overlay District coincide with the Mixed Use Activity Center Subdistrict. Portions of the Bayshore Overlay District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of this Code. b. Property owners within the BMUD may establish uses, densities and intensities in accordance with the Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop /redevelop under the provisions of the applicable BMUD Subdistrict. In either instance, the BMUD site development standards as provided for in section 4.02.16 shall apply. 7 2.03.07 1.2. Applicability d. Property owners within the BMUD Waterfront inn Subdistri may establish uses, densities and intensities in accordance with the Colfier County Land Development Code regulations of the underlying zoning classification, or may elect to develop /redevelop under the mix, d use provisions of the applicable BMUD WateFfrent-OWSubdistricts of +hi` _ eFla +hr gh a Fnixed use prej H, ^ e`ae; -in In either instance, the BMUD site development standards ^ ^ ^' ^ ^ "'° t^ ^" n development, as provided for in section 4.02.16 shall apply2 -G G7 I a h pf this GGde 2 4. Bayshore Mixed Use District (BMUD) Subdistricts 3 a. The BMUD consists of the following subdistricts: 4 i. Neighborhood Commercial Subdistrict (BMUD - NC). The purpose 5 and intent of this subdistrict is to encourage a mix of low intensity 6 commercial and residential uses, including mixed use projects in a 7 single building. This subdistrict provides for an increased 8 presence and integration of the cultural arts and related support 9 uses, including galleries, artists' studios, and live -work units. 10 Developments will be human -scale and pedestrian- oriented. 11 12 13 14 15 16 17 18 2.03.07 1.6. Bayshore Mixed Use District (BMUD) Subdistricts a. Neighborhood Commercial Subdistrict (BMUD -NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses, including mixed use projects in a single building. This subdistrict provides for an increased presence and integration of the cultural arts and related support uses, including galleries, artists studios, and live -work units. (see 2.03.07- 1.6. Tables 1 and 2). Developments will be human -scale and pedestrian - oriented. -F-of mixed use pFejeGtS pnly, subject to the M 1R ^ prev^I n on Qer 2.03.07.1.3., refer to Tables 1 and 2 fer permitter! uses. Othep ise peFmitted u aGGGrdanGe with the underlying z n diotr'rt Waterfront Subdistrict (BMUD - W). The purpose of this subdistrict is to encourage a mix of low intensity commercial and residential uses and allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development in this subdistrict is indented to allow a mix of residential and commercial uses including limited marina and boatyard uses. 8 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Waterfront Subdistrict (BMUD -W). The purpose of this subdistrict is to encourage a mix of low intensity commercial and residential uses and allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. standaFds-fer the district are the sa„T as these set standards set forth OR seGtien 4.02.17 Fer mixed use pFejeGtS Only, 6ubjeGt to the MUP approval process in Ses 2.03.07.1.3., Fefear to strbsestian. 2.03 07 1.6. Tables 1 and 2 fer r itt d uses. , permitted uses iii. Residential Subdistrict 1 (BMUD - R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. The intent in new development it is to encourage a traditional neighborhood design pattern and create a row of residential units with uniform front yard setbacks and access to the street. C. Residential Subdistrict 1 (BMUD - R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. The intent in new development it is to encourage a traditional neighborhood design pattern and create a row of residential units with uniform front yard setbacks and access to the street. iv. Residential Subdistrict 2 (BMUD - R2). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of multi - family residences as transitional uses between commercial and single - family development. The multi- family buildings shall be compatible with the building patterns of traditional neighborhood design. d. Residential Subdistrict 2 (BMUD - R2). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of multi - family residences as transitional uses between commercial and single - family development. The multi - family buildings shall be compatible with the building patterns of traditional neighborhood design. V. Residential Subdistrict 3 (BMUD - R3). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of townhouses and single - family residences. All new development in this Subdistrict shall be compatible with the building patterns of traditional neighborhood design. e. Residential Subdistrict 3 (BMUD - R3). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of townhouses and single - family residences. All new development in this Subdistrict shall be compatible with the building patterns of traditional neighborhood design E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 vi. Residential Subdistrict 4 (BMUD - R4). The purpose of this subdistrict is to protect the character of existing neighborhoods comprised of detached single - family dwelling units, while allowing for building additions such as front porches. f. Residential Subdistrict 4 (BMUD - R4). The purpose of this subdistrict is to protect the character of existing neighborhoods comprised of detached the came as Residential gubdiStkt R! 0 _ept _RI single- family detaGhed dwelling units, while allowing for building additions such as front orpchesaFepeFm;ited. b. Use Categories and Table of Uses. All uses permitted in the BMUD subdistricts have been divided into nine (9) general categories, which are summarized below: a) Residential: Premises available for long -term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. C) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services. Interpretation of the Table of Uses a) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 b) Any use not listed in the Table of Uses is prohibited unless the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC Section 1.06.00, Rules of Interpretation. C) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD -NC and BMUD -W, and subject to the MUP approval process as outlined in Sec. 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning. However, all proiects must comply with site development standards as provided in Section 4.02.16. 2.03.07 1.6. Bayshore Mixed Use District (BMUD) Subdistricts a. /b. The permitted, accessory and conditional uses allowed in the BMUD - NC and BMUD -W are only forFof mixed use projects -e4*, subject to the MUP approval process as outlined in Sec. 10.02.152.03.07.1.3., FefeF to Tables 1 and 2 faF permitted uses. Uses for all other development types must be Otherwise, permitted uses are-in accordance with the underlying zoning district. iii. 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Q aoL6cCLo - U O Lm.xo I - CO:Cn U) ocazaF- cnJz tiO1-- 0 0 a NO LJJ U) a a L Qaa W U Z a s a U U U a s H U_ F- U a m J U) w m U z LLL c G OO W 0 U a U E U LL U N C OtoC VW C c0 Uco Ll N O L LL j EVOCpC Y NU E OU) • M LL E 6 E m SL. N O W> N L Uc U m O c M In O U i:) u) 3 I q I U) O 3 m to U) M a U Q O E J y C to NJ3to0O? t B U) O-D 0W2 O O 7 d0 N CU U) U- U) 3 mui 0 u) M a M N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT (GTMUD). 2 This section contains special conditions for the properties in and adjacent to the 3 Gateway Triangle as referenced on GTMUD Map 1; and further identified by the 4 designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map 5 series. 6 7 N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT (GTMUD). This section contains special SpeGial conditions for the properties in and adjacent to the Gateway Triangle as referenced on GTMUD Map 1; and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent 8 The purpose and intent of this District is to encourage revitalization of the 9 Gateway Triangle portion of the Bayshore Gateway Triangle Community 10 Redevelopment Area with, pedestrian- oriented, transit -ready interconnected 11 projects that are urban in nature and include a mix of residential types and 12 commercial uses. Development in this District should encourage pedestrian 13 activity through the construction of mixed -use buildings, an interconnected street 14 system, and connections to adjacent neighborhoods. When possible, buildings 15 are located near the street with on street parking and off street parking on the 16 side or in the rear of the parcel. 17 This District is intended to: revitalize the commercial and residential 18 development; promote traditional urban design; encourage on street parking and 19 shared parking facilities; provide appropriate landscaping and buffering; and 20 protect and enhance the Shadowlawn residential neighborhood. 21 22 Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore /-Gateway Triangle Redevelopment Area with Traditional NeinhherhGod Design (TND) n eats TNDs are typisolly human - scale, pedestrian- oriented, interconnected projects that are urban in nature and include -with a mix of residential types and commercial uses. Development in this District should encourage pedestrian activity through the construction of mixed -use buildings, ° ^" ^ ffi ^° FesideRtial that GGFnplernent eaGh Gther. Residential uses are often IGGated abeve em.»ers' ^I uses, b Ut Gan he o sepaFate o of residential only with Giese PFGX'Fnwty t^ ^ernmer ^ia1 uses en interconnected street system, and connections to adjacent neighborhoods is the hasi^ fer the transper+a +inn nehver1, When possible, buildings are located near the street with on street parking and off street parking on the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development;.; promote traditional urban design: encourage on street parking and shared parking facilities;, -and provide appropriate landscaping and buffering between the .,aria„^ types of uses, and protect and enhance the nearby Shadowlawn residential neighborhood. The types of uses permitted are hatelo retail, „ lee, p al seWiGe and residential uses. 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. EXGept as etheR ise previded by this seetien of the LDS, all uses, dirneRSiGRal and development FequiFements shall be as FequiFed the pplic.'.b!e :.ndedyiRg zeni g SGlasv.i Gativn- b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, including amendments or boundary changes to these PUDs, are not subject to the Gateway Triangle Mixed Use District requirements. b. existing Planned Unit Developments (PUDs) that existed prior to March 3. 2006, including amendments or boundary changes to these PUDs are not subject to the Gateway Triangle Mixed Use District requirements; hor, R D nliGatione submitted, ., d found ff' + f+ M h 3 2006 aFe rani linemen +c. stated herein req uirements 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan a. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of Section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County Growth Management Plan. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in Chapter 4.02.35 of this Code. 17 2 3 4 5 6 7 E 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts C. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of Section V. F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the Future Land Use Element (FLUE? of the Collier County Growth Management Plan. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.35 of this Code. b. Property owners may establish uses, densities and intensities in accordance with the existing Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop /redevelop under the provisions of the applicable GTMUD Subdistrict. In either instance, the GTMUD site development standards as provided for in section 4.02.35 shall apply. 2.03.07 N.2. Applicability d. Property owners may establish uses, densities and intensities in accordance with the feilew xisting Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop /redevelop under the mixed use provisions of the applicable GTMUD Mixed Use (MX-D)-Subdistrict °f this overlay, through a mixed min In either instance, the GTMUD site development standards are applicable to all new development, as provided for in subsection 4.02.35 shall apply 2.0 4. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. The Gateway Triangle Mixed Use District consists of the following Subdistricts: Mixed Use Subdistrict (GTMUD -MXD). The purpose and intent of this subdistrict is to provide for pedestrian- oriented, transit -ready commercial and mixed use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi -story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts Mixed Use Subdistrict (GTMUD -MXD). The purpose and intent of this subdistrict is to provide for commercial and mixed used developments and higher density residential uses. Developments will be pedestrian - oriented and reflect building patterns of traditional neighborhood design Individual buildings are encouraged to be multi -story with uses mixed vertically, with street level commercial and upper level office and residential. these N arnels with f Ito S A 1, the south id r Davis Boulevard, and west of Airpor+ Pulling Read. Included in this District afse is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gatewav to the City of Naples. Developments will he pedestFiaR oriented d fl f 2.03.07.1.3., refer to Tables 1 and 2 f permitted uses. Ott Residential Subdistrict (GTMUD -R). The purpose of this Subdistrict is to encourage the continuation and revitalization of the Shadowlawn neighborhood. The Subdistrict provides for a variety of compatible residential housing types and a limited mix of non - residential uses in a walkable context. 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts b. Residential Subdistrict (GTMUD -R). The purpose of this Subdistrict is to encourage the continuation and revitalization of development iR the Shadowlawn neighborhood. The Subdistrict provides for a varietv of a mimeo; residential housing types and a limited mix of non - residential uses in a walkable context b. Use Categories and Table of Uses. All uses permitted in the GTMUD subdistricts have been divided into nine (9) general categories, which are summarized below: a) Residential: Premises available for long -term human habitation by means of ownership and rental, but excluding short -term leasing or rental of less than one month's duration. b) Lodging: Premises available for short -term human habitation, including daily and weekly rental. C) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services. Interpretation of the Table of Uses a) Any uses not listed in the Table of Uses are prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC Section 1.06.00, Rules of Interpretation. b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. C) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD- MXD, and subject to the MUP approval process as outlined in Sec. 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning. However, all projects must comply with site development standards as provided in Section 4.02.16. 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. The permitted. accessory and conditional uses allowed in the GTMUD- MXD are only for€9F mixed use projects -", subject to the MUP approval process as outlined in Sec. 10.02.15 2.03.07.1.3., Fefer to Tables 1 and 2 f,9Fpermitted uses Otheavise, permitted uses are Uses for all other development types must be in accordance with the underlying zoning district. iii. 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N D o o. m O 04 O 0.0 N13Ca) L a) = m I- 3 a) E Co = U 76 O a) 5 L ON n n O U U L v o 0cao U) a) Q U D r Y'O Cj C () p N X m _ 12 y N kn N 0azU) Jaz0 F-- 0 a rn X vavavv a as UU U I-- m U) cl C C 1-- C9 vo-v a ca Fa C U U U C L U LLWNNC U) C I— O 6 w C B i' 0N c N w r C EH uJ Nc ac) r Y a` )) E a o-= t6 U as U O L) c c c W o a o caF N a) • E U U77(n N p fn U) Ull N U .O O O J C C co a) 7(n U L t O C, C N 0-0 taw O a cn 7 0 0 v) 0 , 3 Qmw i 0. c6 r- N ch d co rl- 00 c- N M ;; F Lf) O y N kn N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle CRA A. Dimensional and Design Standards for the BMUD 1. Neighborhood Commercial Subdistrict (BMUD — NC) a. Specific District Provisions: i. Maximum Density: a) Mixed Use Project: 12 units per acre 1) Bonus Density Units, as provided for in 10.02.15, must be used to increase density above density allowed by the underlying zoning district. b) Residential Projects not part of a Mixed Use Development are limited to the maximum density allowed by the underlying zoning district. 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict A. Dimensional Standards Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict. Maximum density 1 12 units per acre for mixed use projects. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in Section 4.02.16 D, Building Types and Architectural Standards. 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two - Family Units 3 Applies to individual unit 4Zoned Height 26 House' 50 Townhouse 2 253 Apartment 100 Mixed-Use 100 Commercial 100 Civic & Institutional 100Min. Lot Width (ft) Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 per unit 700 per unit 700 per unit n/a Min Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft)4 42 42 42 56 56 42 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two - Family Units 3 Applies to individual unit 4Zoned Height 26 rcCSlUClllldl UAC VIII/. VVIdXII11U111 IIUIIJ. 11L G leel, not to exceed 3 stories of buildings Mixed -use: 56 feet, not to exceed 4 stories. Only the first two floors shall Residential on top of commercial uses be used for commercial uses. Maximum height of buildings Hotel /Motel 56 feet, not to exceed 4 stories Maximum height of buildings. The maximum building height of properties developed in conformance with underlying C- 4 and C -5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Ceiling height The first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only Maximum density 12 units per acre for mixed use projects. 1 1 2. Waterfront Subdistrict (BMUD — W) 2 a. Specific District Provisions: 3 i. Maximum Density: 4 a) Mixed Use Project: 12 units per acre 5 1) Bonus Density Units, as provided for in 10.02.15, 6 must be used to increase density above density 7 allowed by the underlying zoning district. 8 b) Residential Projects not part of a Mixed Use Development 9 are limited to the maximum density allowed by the 10 underlying zoning district. 11 ii. Lot and building dimensional requirements for new development 12 are provided below. These requirements shall be based on the 13 building type of the principal structure(s) as described in Section 14 4.02.16 C, Building Types and Architectural Standards: 15 16 17 Min. Lot Width (ft) House' 50 325 Apartment 100 100 Commercial 100 Civic & Institutional 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 per unit 700 per unit 700 per unit n/a Min Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 42 42 42 56 56 42 See 4.02.16.7 regarding Duplexes 2 See 4.02.16.7 regarding Two - Family Units 3 Applies to individual unit 28 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict A. Design Standards for the Subdistrict are the same as those set forth for the BMUD Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. Below are the BMUD -NC Standards: Site development standards Front yard setback 5 feet 1. The front setback shall also apply to any new buildings in the C -1 through C -3 Zoning Districts which underlay the BMUD Neighborhood Commercial Subdistrict. 2. Properties developed in conformance with the underlying C -4 and C- 5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. Side yards - abutting 15 feet residential Side yards - all other 5 feet minimum Rear yard 20 feet Waterfrontla 25 feet setback Building Standards: Building Design 1. Building facades facing the intersecting east -west streets with Bayshore Dr. shall have the same architectural design treatment as the building facade facing Bayshore Drive. 2. Buildings containing commercial or residential uses are required to have a minimum depth of 35 feet. The remaining depth of the lot may be used for parking. Maximum square footage A building with commercial use only is limited to a maximum building foot print of 20,000 square feet Minimum floor area 700 square foot gross floor area for each unit, residential or commercial. Maximum height Commercial use only: Maximum height 42 feet, not to exceed 3 stories of buildings Residential use only: Maximum height 42 feet, not to exceed 3 stories of buildings Mixed -use: 56 feet, not to exceed 4 stories. Only the first two floors shall be Residential on top of commercial uses used for commercial uses. Maximum height of buildings Hotel /Motel 56 feet, not to exceed 4 stories Maximum height of buildings. The maximum building height of properties developed in conformance with underlying C- 4 and C -5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Ceiling height The first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only Maximum density 12 units per acre for mixed use projects. 1 3. Residential 1 Subdistrict (BMUD — R1) 2 a. Specific District Provisions: 3 i. Maximum Density is limited to the maximum density allowed by 4 the underlying zoning district. 5 ii. Lot and building dimensional requirements for new development 6 are provided below. These requirements shall be based on the 7 building type of the principal structure(s) as described in Section 8 4.02.16 C, Building Types and Architectural Standards: 9 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two - Family Units s Applies to individual unit 30 House' 50 2 253 Apartment 100 Civic & Institutiona 100Min. Lot Width (ft) Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Waterfront Yard (ft) 25 25 25 25 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min Building Separation n/a n/a 10 10 Max. Building Height (ft) 35 35 35 35 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two - Family Units s Applies to individual unit 30 1 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1) Subdistrict design standards encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. In new development the purpose is to encourage a traditional neighborhood design pattern. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. A. Dimensional and Design Standards Design Standards Maximum Density shall not exceed the density of the underlying residential zoning district unless affordable housing density bonuses are granted. Minimum Lot Width Minimum Unit Width Single- family 50 feet Duplex 80 feet Two - family 50 feet Townhouses 100 feet 25 feet Multi-family Minimum Setbacks Min. front yard Min. side yard Min. rear yard feet Single family 10 feet 7.5 feet 15 Two family 10 feet 5 feet 15 Duplex 10 feet 5 feet 15 Townhouse 10 feet 5 feet 15 Multi- family 10 feet 5 feet unless abutting 15 three or more) single family than 7.5 dwelling units feet Building Standards Minimum floor area Single- family 1,100 square feet per unit Duplex 1000 square feet per unit Two - family 1000 square feet per unit Townhouses 1000 square feet per unit Multi-family 750 square feet per unit Maximum height of principal buildings 35 feet not to exceed 3 habitable floors Parapets on flat roof can be no more that 5 feet in height. Maximum actual height of accessory screen Not to exceed 35 feet, but in no case higher than enclosures the prin ci al structure Maximum actual height of all other accessory 26 feet but in no case higher that the main building structures Parking Standards Parking Standards Parking standards as required by sections 4.05.02 and 4.05.03 of this Code. 31 4. Residential 2 Subdistrict (BMUD — 112) 2 a. Specific District Provisions: 3 4 5 6 7 8 I 10 11 Maximum Density is limited to the maximum density allowed by the underlying zoning district. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in Section 4.02.16 C, Building Types and Architectural Standards. See 4.02.16.A.7 regarding Duplexes See 4.02.16.A.7 regarding Two - Family Units 3 Applies to individual unit 32 House' 50 2 25 3 Apartment 100 Institutional 100Min. Lot Width (ft) Min. Front Yard (ft) 25 25 25 25 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Waterfront Setback (ft) 25 25 25 25 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft) 35 35 35 35 See 4.02.16.A.7 regarding Duplexes See 4.02.16.A.7 regarding Two - Family Units 3 Applies to individual unit 32 1 4.02.19 Design Standards for Development in the BMUD -- Residential Subdistrict (R2) A. Design Standards for the subdistrict are the same as those set forth for Residential Subdistrict 1, unless specified below. Table 14. Setback Site Development Standards for BMUD Residential Subdistrict (R2) Setbacks Min. front yard Min. side yard Min. rear yard One (Single) family 25 feet 7.5 feet 15 feet detached dwelling unit Two family dwelling unit 25 feet 6 feet unless abutting 15 feet single family than 7.5 feet Duplex dwelling units 25 feet 6 feet unless abutting 15 feet single family than 7.5 feet Townhouses 25 feet 6 feet unless abutting 15 feet single family than 7.5 feet Multi- family 25 feet 6 feet unless abutting 15 feet three or more) single family than 7.5 dwelling units feet 33 1 5. Residential 3 Subdistrict (BMUD — R3) 2 a. Specific District Provisions: 3 i. Maximum Density is limited to the maximum density allowed by 4 the underlying zoning district. 5 ii. Lot and building dimensional requirements for new development 6 are provided below. These requirements shall be based on the 7 building type of the principal structure(s) as described in Section 8 4.02.16 C, Building Types and Architectural Standards: 9 10 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two - Family Units 3 Applies to individual unit 34 House' 40 Mobile Home - 40 253 100 Institutional 100Min. Lot Width (ft) Min. Front Yard (ft) 10 25 10 10 10 Min. Side Yard (ft) 5 7.5 5 7.5 10 Min. Rear Yard (ft) 8 10 8 15 15 Min Waterfront Setback (ft) 25 25 25 25 25 Min. Floor Area (sq ft) 1,100 n/a 1,000 750 per unit n/a Min Building Separation n/a n/a n/a 10 10 Max. Building Height (ft) 35 30 35 35 35 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two - Family Units 3 Applies to individual unit 34 I 4.02.20 Design Standards for Development in the BMUD -- Residential Subdistrict (R3) A. Development standards for this subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. Minimum Rear Yard B. Minimum Lot Width 10 feet* 5 Single-family detached 40 feet 40 feet 10 feet* 0 Townhouses minimum of 3 units 8 feet 100 feet Two-family dwelling unit 80 feet 10 feet`` 0 Mobile homes where underlying zoning 8 feet unit a C. Buildin Standards Mobile homes (where ssetbacks shall be as required in the MH zoning district see section 4.02.01 underlying zoning TTable 2.1 allows D. Yard Requirements. Shall be 10 feet from the property line to the outer wall of the building footprint. 35 Minimum Floor Area Single- family 1100 square feet per unit Minimum Rear Yard Duplex 1000 square feet per unit 10 feet* 5 allows 40 feet Shall be 10 feet from the property line to the outer wall of the building footprint. 35 Minimum Floor Area Single- family 1100 square feet per unit Minimum Rear Yard Duplex 1000 square feet per unit 10 feet* 5 Two - family dwelling unit 1000 square feet per unit 8 feet Townhouses 1000 square feet per unit 10 feet* 0 Multi-family 750 square feet per unit Shall be 10 feet from the property line to the outer wall of the building footprint. 35 Front and MMinimum Side Yard M Minimum Rear Yard Single-family detached 1 10 feet* 55 feet 88 feet Townhouses 110 feet* 00 feet when abutting another 88 feet minimum of 3 units ttownhouse, if not then 5 feet. Two - family dwelling 1 10 feet`` 00 feet when abutting 88 feet unit aanother townhouse, if not then 5 feet. Mobile homes (where s setbacks shall be as required in the MH zoning district see section 4.02.01 underlying zoning T Table 2.1 allows 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6. Residential 4 Subdistrict (BMUD — R4) a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in Section 4.02.16 C, Building Types and Architectural Standards: 4.02.21 Design Standards for Development in the BMUD -- Residential Subdistrict (114) A. Development standards for the Residential Subdistrict R4 are the same as those set forth for the Residential Subdistrict R2, except only single - family uses are permitted. 7. Exceptions to Dimensional Requirements: a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet on the same block. b. A zero side setback is allowed for Townhouse, Apartment, Mixed Use and Commercial building types if a party wall is provided. C. Duplexes, where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 80 feet. d. Two Family units, where permitted, are subject to dimensional standards for a townhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: i. Front porches in the BMUD - R1 and BMUD — R3 subdistricts that comply with the design criteria of 4.02.16 DA.d. are permitted to 1 See 4.02.16.A.7 regarding Duplexes 36 50 100Min. Lot Width (ft) Min. Front Yard (ft) 25 10 Min. Side Yard (ft) 7.5 10 Min. Rear Yard (ft) 15 15 Min. Waterfront Setback (ft) 25 25 Min. Floor Area (sq ft) 1,100 n/a Min Building Separation n/a 10 Max. Building Height (ft) 35 35 4.02.21 Design Standards for Development in the BMUD -- Residential Subdistrict (114) A. Development standards for the Residential Subdistrict R4 are the same as those set forth for the Residential Subdistrict R2, except only single - family uses are permitted. 7. Exceptions to Dimensional Requirements: a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet on the same block. b. A zero side setback is allowed for Townhouse, Apartment, Mixed Use and Commercial building types if a party wall is provided. C. Duplexes, where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 80 feet. d. Two Family units, where permitted, are subject to dimensional standards for a townhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: i. Front porches in the BMUD - R1 and BMUD — R3 subdistricts that comply with the design criteria of 4.02.16 DA.d. are permitted to 1 See 4.02.16.A.7 regarding Duplexes 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 encroach into the front setback up to seven (7) feet, with an additional three (3) feet encroachment for entry stairs. 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1) B. Specific Design Requirements 4. Front porches shall adhere to the following. a. Front porches may encroach seven (7) feet into the front yard setback if the structure is located on the minimum front yard Setback (10 feet) with an additional three (3) -foot encroachment allowable for entry stairs. ii. Arcades, awnings, and stairs are permitted to encroach into the front setback up to five (5) feet. iii. Bay windows may project up to two (2) feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may project into any required setback up to five (5) feet from the property line. V. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in Section 4.02.16 C.2. vii. Non - structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets on a flat roof shall be no more than five (5) feet in height at its highest point. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B. Dimensional and Design Standards for the GTMUD 1. Mixed Use Subdistrict ( GTMUD MXD) a. Specific District Provisions: i. Maximum Density: a) Mixed Use Project: 12 units per acre 1) Bonus Density Units, as provided for in 10.02.15 C., must be used to increase density above density allowed by the underlying zoning district, except for Mixed Use Projects in the Mini - Triangle Area, defined by US 41 East, Davis Boulevard and Commercial Drive. b) Residential Projects not part of a Mixed Use Development are limited to the maximum density allowed by the underlying zoning district. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in Section 4.02.16 D, Building Types and Architectural Standards. Min. Lot Width (ft) House' 50 Townhouse 2 253 A._ 100 100 Commercial 100 Institutional 100 Min. Front Yard (ft) 10 10 10 6.5 6.5 10 Min. Side Yard (ft) 7.5 5 7.5 10 10 10 Min. Rear Yard (ft) 15 15 20 5 5 15 Min. Waterfront Setback (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 1,100 1,000 750 per unit 700 per unit 700 per unit n/a Min Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 42 42 42 56 56 42 a) Development in the Mini - Triangle Area of the GTMUD — MXD subdistrict shall have a maximum setback of 20 feet 1 See 4.02.16.13.3 regarding Duplexes See 4.02.16.13.3 regarding Two - Family Units 3 Applies to individual unit 38 1 2 3 4 b) Mixed Use Projects in the Mini - Triangle Area of the GTMUD — MXD subdistrict have a maximum building height of 112 feet. 39 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT A. Dimensional Standards Table 1. Design Standards for the GTMUD Mixed Use Subdistrict Site development standards for Mixed Use Projects on Davis Boulevard (south side), US Hwy 41, Airport- Pulling Road and Commercial Drive Front streetscape zone for new 16 Feet Measured from back of curb into front yard, which includes construction existing sidewalk area. See GTMUD Figure 1 1. If no curb exists, as on Commercial Drive, the front streetscape zone shall begin a minimum of 6.5 feet from the front property line into the right of way. 2. The front streetscape zone shall also apply to any new buildings or structures in the C -1 through C -3 Zoning Districts which underlay the GTMUD Mixed Use Subdistrict. 3. Properties developed in conformance with the underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 4. Steps, and or ramps may encroach into the streetscape zone but no more than 3 feet. Front yard set back Sixteen feet measured from back of curb. If no curb exists as on Commercial Drive the front yard set back shall be a minimum of 6.5 feet from the front property line into the property. 1. The front yard setback shall also apply to any new buildings in the C -1 through C -3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 3. A minimum 10 foot step -back from the front facade on the first and second stories is required at the third story and above. Site Development Standards for mixed use projects for other streets Front setback 10 feet 1. The front setback shall also apply to any new buildings in the C -1 through C -3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 3. A minimum 10 feet step -back from the front facade is required at the third floor and above. Side yards - abutting residential 10 feet Side yards - all other 10 feet minimum Rear yard 5 feet Waterfront18 25 feet setback M 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT A. Dimensional Standards Table 1. Design Standards for the GTMUD Mixed Use Subdistrict (continued) Dimensional standards: Minimum floor area 700 square foot gross floor area for each unit, residential and commercial. Minimum building separation 10 Feet Minimum lot area 80,000 Square feet Minimum lot width 400 feet Building footprint A building with commercial use only is limited to a maximum building footprint of 20,000 square feet, except in the "Mini Triangle ", defined by US 41 East, Davis Boulevard and Commercial Drive, where the maximum limit is 30,000 square feet Maximum height Commercial use only: Maximum height 42 feet, not to exceed 3 stories of buildings Residential use only: Maximum height 42 feet, not to exceed 3 storiesofbuildings Mixed -use: Residential on top of commercial uses 56 feet, not to exceed 4 stories Maximum height of buildings 56 feet, not to exceed 4 stories Hotel /Motel Mini Triangle" Mixed Use Project 112 feet, not to exceed 8 stories Maximum height of buildings The maximum building height of properties developed in Maximum height of buildings. conformance with underlying C -4 and C -5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Mixed use building uses Only first two floors can be used for commercial uses Ceiling height The first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only Maximum density 1. For a mixed use project, 12 units per acre in the "Mini Triangle," defined by US 41 East, Davis Boulevard and Commercial Drive. These bonus density units are not deducted from the Bonus Density Pool. 2. For a mixed use project, 12 units per acre to include all areas of the Mixed Use Subdistrict except: Z] North side of Davis Boulevard m East side of Airpd?t.illing Road For these excepted areas, three units per acre, or as may be allowed by a rezoning pursuant to the Future Land Use Element. 3. Residential only projects (not part of a mixed use development), per the underlying zoning district, or as may be allowed by a rezoning pursuant to the Future Land Use Element. 2. Residential Subdistrict (GTMUD R) 2 a. Specific District Provisions: 3 i. Maximum Density is based on maximum density allowed by the 4 underlying zoning district, or as may be allowed by a rezoning 5 pursuant to the Future Land Use Element. 6 7 8 9 10 11 12 13 Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in Section 4.02.16 D, Building Types and Architectural Standards. Min. Lot Width (ft) 50 Townhouse 2 253 Apartment 100 Institutional 100 Min. Lot Size (sq ft) n/a n/a 10,000 10,000 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5' 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Waterfront Setback (ft) 25 25 25 25 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min Building Separation n/a n/a 10 10 Max. Building Height (ft) 35 35 35 35 Emmi See 4.02.16.B.3 regarding Duplexes 2 See 4.02.16.13.3 regarding Two - Family Units 3 Applies to individual unit 42 1 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -- RESIDENTIAL SUBDISTRICT A. Dimensional and Design Standards Table 2. Design Standards in the GTMUD Residential Subdistrict (R) Density Per Underlying Zoning RMF RMF -6 6 units per acre Per new zoning district 6 or RSF 4 or as may be RSF- 4 4 units per consistent with the allowed by a rezoning acre Future Land Use pursuant to the Future Land Element Use Element Minimum Lot Width Minimum Unit Width Single- family 50 feet Two - family / Duplex 80 feet Townhouses 50 feet Multi-family 100 feet 25 feet Minimum Setbacks Min. front and Min. side yard Min. rear yard (feet) One (single) 10 feet 7.5 feet 15 feet family units Two family 10 feet 5 feet 15 feet Duplex 10 feet 5 feet 15 feet Townhouse 10 feet 5 feet 15 feet Multi- family 10 feet 7.5 feet 15 feet three or more) dwelling units Building Standards Minimum floor area Single- family 1,100 square feet per unit Two - family 1000 square feet per unit Duplex 1000 square feet per unit Townhouses 1000 square feet per unit Multi-family 750 square feet per unit Maximum height of principal buildings 35 feet not to exceed 3 habitable floors Maximum actual height of accessory screen Same as principal building, not to exceed 35 feet. enclosures Maximum actual height of all other accessory 26 feet but in no case higher that the main building structures 43 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3. Exceptions to Dimensional Requirements: a. For Infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet. b. A zero side setback is allowed for Townhouse, Apartment, Mixed Use and Commercial building types if a shared wall, or party wall, is provided. C. Duplexes are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 80 feet. d. Two Family units, where permitted, are subject to dimensional standards for a townhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: i. Front porches in the GTMUD - R subdistrict that comply with the design criteria of 4.02.16 D.4.d. are permitted to encroach into the front setback up to seven (7) feet, with an additional three (3) feet encroachment for entry stairs. 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -- RESIDENTIAL SUBDISTRICT C. Architectural Standards 4. Front porches shall adhere to the following standards. a. Front porches may encroach seven (7) feet into the front yard setback if the structure is located on the minimum front yard setback (10 feet) with an additional three (3) -foot encroachment allowable for entry stairs. Arcades, awnings, stairs and raised doorways are permitted to encroach into the front setback up to five (5) feet. iii. Bay windows may project up to two (2) feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may project into any required setback up to five (5) feet from the property line. V. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in Section 4.02.16 C.2 vii. Non - structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets on a flat roof can be no more than five (5) feet in height. 44 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 C. Additional Standards for Specific Uses Certain uses may be established, constructed, continued, and /or expanded provided they meet certain mitigating standards specific to their design and /or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. 1. Accessory Parking Zones a. Lots adjacent to the Neighborhood Commercial (BMUD -NC), Waterfront BMUD -W) and Mixed Use (GTMUD -MXD) Subdistricts, designated Accessory Parking Zoning (APZ) as identified on the Collier County Zoning Map, may be used for off street parking or water retention and management areas. b. The accessory parking zone must be under the same ownership or legal control (i.e., lease or easement, etc), and meet the standards of section 4.05.02 of this LDC and have a site development plan approved by the County Manager or designee. C. A buffer must be provided between the APZ and adjacent residential lots as provided in Section 4.02.16 E.2.a.i. 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD -NC D. Parking Standards. 5. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) Subdistricts, designated Accessory Parking Zoning (APZ) as identified on the Bayshore Mixed Use Overlay Map, may be used for off street parking or water retention and management areas. The accessory parking zone must be under the same ownership or legal control (i.e., lease or easement, etc), and meet the standards of section 4.05.02 of this LDC and have a site development plan approved by the County Manager or designee. 2. Accessory Uses to Residential Structures An accessory structure located on the property and related to the primary residence (single - family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, detached garage, swimming pool or guesthouse. Ownership of an accessory unit shall not be transferred independently of the primary residence. 4.02.18 D.6 and 4.02.36 D.6 6. An accessory unit is a separate structure located on the property and related to the primary residence (single - family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, garage, swimming pool or guesthouse. a. Ownership of an accessory unit shall not be transferred independently of the primary residence. b. Accessory building(s), excluding swimming pools and screen enclosures, may be located on up to thirty percent (30 %) of the side or rear yards. For the purposes of this provision, the yard shall be the area between the principal structure and the side or rear property line. b. Only one (1) accessory unit of each type of use is permitted per principal structure. 45 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The maximum area of a guesthouse is 750 square feet, limited to one (1) habitable floor; the minimum area is 500 square feet. C. The maximum area of a questhouse an e^^eO °e^• URit is -57-0 750 square feet, limited to one (1) habitable floor: the minimum area is 500 square feet. d. The guesthouse must be of new construction and must meet NFIP first habitable floor elevation requirements. The guesthouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. d. The aGGesssry unit questhouse must be of new construction and must meet NFIP first habitable floor elevation requirements. The guesthouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. f. A StFUGtUFe containing Gnly a guest URit must meet the NFIP fiF6t habitable fl elevatiGR FequiFerneRt. The maximum aGtual building height shall Rot exGeed tWeRtv_oix 26\ feet to the ten of the reef e. Fences and walls: Fences and walls located in the front yard are permitted subject to the following conditions: i. The fence or wall shall not exceed 42 inches feet in height. ii. Fence material shall be wood picket, wrought iron or material of similar appearance and durability. Garden or decorative walls may be brick, stone stucco block. 4.02.18 B. 7. Fences and walls: Fences and walls located in the front yard are fereAe of the 6461, Wre is permitted subject to the following conditions: a. The fence or wall shall not exceed 42 inches feet in height. b. The feRGe shall have a nit y range of 180% to 500% The Fence material shall be wood picket, wrought iron or material of similar appearance and durability. Garden or decorative walls may be brick, stone or- vinyl, eempesite stucco block OF Fnetal. e. Height: The maximum height of an accessory structure is twenty -six (26) feet. Screen enclosures may exceed the maximum height, but in no case be higher than the principal structure or thirty -five (35) feet, whichever is less. Height: The maximum height of an accessory structure ^e^taining a gue°theuse eveF a gaFage is limited to a maximum of tNenty (20) feet, measured ftom the leve4 ef the f*Fst finished fleeF te the eave, and with a maximum aGtual building height Gf is twenty -six (26) feet to the top Gf the ree . Screen enclosures may exceed the maximum height, but in no case be higher than the principal structure or thirty -five 35) feet, whichever is less. Location: Accessory structures shall not be located in the front yard, except that accessory structures located on corner lots may be located in the front yard with the longer street frontage. Accessory structures shall be setback a minimum of ten (10) feet from the rear property line and 1 shall have the same side setback as required for the principal structure , 2 for the overlay subdistrict in which it is located. 3 4 5 6 7 Table 13: Setbacks for Accessory Buildings and Structures Building / Structure Front Rear Side Library SPS* 10 feet SPS* Studio SPS* 10 feet SPS* Workshop SPS* 15 feet SPS* Swimming pool and /or screen enclosure SPS* 10 feet SPS* Playroom SPS* 1 10 feet SPS* Garage SPS* 10 feet SPS* Garage Guesthouse above SPS* 15 feet SPS* Guesthouse SPS* 15 feet SPS* 3. Artist Village a. Artist village is limited to the housing of artists, such as painters, sculptors, jewelry makers, in one or more multifamily attached dwellings, clustered single - family detached dwellings, or a combination thereof. 8 b. Dwellings shall not be leased for periods less than thirty (30) days. 9 C. Artist village consisting of clustered, single - family detached dwellings, 10 shall be designed consistent with the provisions for cluster residential 11 design in Section 4.02.04. 12 d. Shared studio and /or gallery space shall be provided for the use of all 13 residents of the artist village and shall be classified as common open 14 space. 15 4. Bed and Breakfast Facilities 16 a. Minimum number of guest rooms or suites is two (2) with a maximum 17 number of six (6). Guest occupancy is limited to a maximum stay of thirty 18 30) days. The minimum size of bedrooms for guest occupancy shall be 19 100 square feet. 20 b. No cooking facilities shall be allowed in guest rooms. 21 C. Separate toilet facilities for the exclusive use of guests must be provided. 22 At least one (1) bathroom for each two (2) guestrooms shall be provided. 23 d. Parking: Two (2) spaces plus one (1) space for each bedroom. All other 24 applicable provisions of this LDC relative to parking facilities shall apply. 25 e. Signage: One (1) sign with a maximum sign area of four (4) square feet 26 containing only the name of the proprietor or name of the residence. 27 Signs shall not be illuminated in residential subdistricts. 28 f. A 24 hour on -site manager is required. 47 4.02.16 1. C ., f _ Cta da ds fe Real A d R _akfe_+ 1 edging as a GE)Rditie Ral Use. 1. Minimum number of guest rooms or suites is two (2) with a maximum number of six (6). Guest occupancy is limited to a maximum stay of thirty (30) days. The minimum size of bedrooms for guest occupancy shall be 100 square feet. 2. No cooking facilities shall be allowed in guest rooms. 3. Separate toilet facilities for the exclusive use of guests must be provided. At least one (1) bathroom for each two (2) guestrooms shall be provided. 4. Parking: TwoA„ll au+em o b'1 e r.... g areas shall h _ r._.'._ -_ _. site, based -pen 2) spaces plus one (1) space for each bedroom. All other applicable provisions of this LDC relative to parking facilities shall apply. 5. Signage: One (1) sign with a maximum sign area of four (4) square feet containing only the name of the proprietor or name of the residence. Signs lettering shall he limited +n two im in..hes in height and shall not be illuminated in residential subdistricts. 6. An on -site manager is required. 2 5. Community Garden 3 a. The property shall be maintained in good condition consistent with the 4 County's property maintenance standards. All planting materials, tools, 5 and equipment must be removed from the site each day or secured in a 6 permitted accessory structure. 7 b. Hours of operation shall be limited to dawn to dusk. 8 C. The sale of items from the property shall be prohibited, except by an 9 approved special event. 10 d. The use of synthetic fertilizers and pesticides is discouraged. Any use of 11 fertilizer must comply with provisions set forth in Collier County Code of 12 Ordinances Article II: Florida - Friendly Use of Fertilizers on Urban 13 Landscapes. 14 e. Required Yards: 15 i. Accessory buildings, including storage sheds or greenhouses, are 16 permitted on site and must meet the principal structure setback 17 requirements for the subdistrict in which it is located. 18 ii. All plantings shall be setback a minimum of ten feet from the 19 street right -of -way and five feet from the rear and side property 20 lines. 21 f. Operating Procedures: A community garden must have a set of operating 22 rules addressing the following: 23 i. Identification of, and contact information for, a garden coordinator 24 to perform the coordinating role for the management of the 25 community gardens; 26 ii. Maintenance and security requirements and responsibilities; 27 iii. Identification of how garden plots are assigned in a fair and 28 impartial manner. 29 6. Live -Work Units 48 I a. All live -work units must fully comply with any and all Building Code2requirementsapplicabletothecollocationofusesattheparticular site. 3 b. The non - residential use areas shall meet accessibility requirements of the 4 applicable Building Code (including site access and parking) and be5orientedtothestreet. 6 C. Size: The Live -Work unit shall have a minimum total size of 1,000 square 7 feet and a maximum total size of 3000 square feet and three stories in 8 height. The non - residential use area must occupy less than 50% of total 9 unit. 10 d. The same individual(s) must occupy the non - residential use area and 11 living area. 12 e. The Live -Work unit may employ a maximum of one (1) non - resident 13 worker /employees at any one time. 14 f. Live work units in non residential subdistricts (BMUD -NC, BMUD -W and 15 GTMUD -MXD) shall be established through the mixed -use approval 16 process. 17 g. Limitations on use. The non - residential component of a live work unit 18 shall be limited in the following manner: 19 i. Live -work units in a non - residential subdistrict (BMUD -NC, BMUD - 20 W and GTMUD -MXD) limited to uses permitted within the 21 applicable subdistrict or underlying zoning district. 22 ii. Live -work units approved as a conditional use in a residential 23 subdistrict (BMUD -R1, BMUD -R2, BMUD -R3 and GTMUD -R) 24 shall be limited to non - residential uses including artist studio and 25 gallery, professional office, professional service such as hair salon 26 or tailor, or any other use deemed to be similar in nature during27theConditionalUseprocess. Non - residential uses may include28ancillaryretail, such as galleries selling artwork and hair salons 29 selling hair products. 30 iii . Prohibited uses include Vehicle Maintenance or Repair, 31 Entertainment, Drinking and Public Eating Establishment, the sale 32 of food and beverages, Sexually- Oriented Businesses, veterinary33services, and activities involving biological or chemical substances 34 that require a controlled environment or may pose a health 35 hazard. 36 h. Parking: Two (2) parking spaces per 1,000 square feet of the non - 37 residential portion of the live -work unit plus one (1) space for the 38 residential unit. 39 i. Signage: Signage for live -work units in a commercial subdistrict shall be 40 limited to wall signs in accordance with Section 5.06.04. Live -work units 41 located in a residential subdistrict shall be limited to one (1) non - 42 illuminated wall sign with a maximum sign area of eight (8) square feet. 43 44 7. Marinas and Boatyards 45 a. Repair and dry storage areas shall not be visible from the street. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 W b. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and adjacent residential lots and shall not be visible from Bayshore Drive. C. All boat racks shall be enclosed with a wall or fence and the boats shall not exceed the height of the enclosure. The fence material can be wood, vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. d. Height of structures may be increased to a maximum actual height of fifty 50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. e. Outdoor displays of boats for sale on properties fronting Bayshore Drive shall be limited to the following: i. All areas used for boat display activities shall occupy no more than thirty -five (35) percent of the linear frontage of the property. ii. All boat sale areas shall not be closer to the frontage line than the primary building they serve. iii. All boats located within an outdoor sales area shall not exceed the height of seventeen (17) feet above existing grade. iv. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. V. An additional landscape 10 foot buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum fourteen (14) -foot high trees, spaced at thirty (30) feet on center and a three (3) -foot high double row hedge spaced at three feet on center at the time of planting f. One (1) parking space per five (5) dry boat storage spaces. g. On -site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments. 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4.02.17 B. Special conditions for Marinas. 1. Repair and dry storage areas shall not be visible from the street. 2. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and not visible from Bayshore Drive. 3. All boat racks shall be enclosed with a wall or fence and the boats shall not exceed the height of the enclosure. The fence material can be wood, vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. 4. Height of structures may be increased to a maximum actual height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. 5. Outdoor displays of boats for sale on properties fronting Bayshore Drive shall be limited to the following: a. All areas used for boat display activities shall occupy no more than thirty -five (35) percent of the linear frontage of the property. b. All boat sale areas shall not be closer to the frontage line than the primary building they serve. C. All boats located within an outdoor sales area shall not exceed the height of seventeen (17) feet above existing grade. d. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. e. An additional landscape 10 foot buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum fourteen (14)- foot high trees, spaced at thirty (30) feet on center and a three (3) -foot high double row hedge spaced at three feet on center at the time of planting 7. One (1) parking space per five (5) dry boat storage spaces. 8. On -site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments. 8. Mixed Use Project a. Mixed Use Projects are typically human - scale, pedestrian- oriented, interconnected projects with a mix of residential and commercial uses such as retail, office and civic amenities that complement each other. Residential uses are often located above commercial uses, but can be separate areas of residential use only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. Buildings are encouraged to be built close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage, and street furnishings. b. Mixed Use Projects in the BMUD -NC, BMUD -W and GTMUD -MXD shall be reviewed and permitted in accordance with Section 10.02.15. C. A minimum of 60 percent of all commercial uses within a mixed use project shall provide retail, office and /or personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. 51 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10.03.05 Notice Requirements for Public Hearings by the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board. G.8. Criteria for Mixed Use Project Approval a. ^Noless thaa A minimum of sixty percent of all commercial uses within a mixed use project shall provide retail, office and /or personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. d. A maximum of 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to the construction of commercial uses so as to insure actual development of a mixed use project, or otherwise in accordance with a development schedule approved for the project and made a condition of the MUP approval. b. Ne mere t A maximum of 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to the construction of commercial uses so as to insure actual development of a mixed use project, or otherwise in accordance with a development schedule approved for the project and made a condition of the MUP approval. e. MUPs shall provide connection to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid street pattern is preferred; however, modifications may be approved, provided the vehicular network provides interconnections between internal uses and external connections to adjoining neighborhoods and land uses. The network shall fully accommodate pedestrian, bicycle and transit. C. Mixed use prejeGts MUPs shall provide connection to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid street pattern is preferred; however, modifications may be approved provided the vehicular network provides usually the basis for +he transpeFtatien .,etwGrk_ Whatever the pattern of the yehiG laF network, internal interconnections between internal uses and external connections to between adjoining neighborhoods and land uses. The network shall fully accommodate shall be provided f„r pedestrian, bicycle and transit ether modes of alteFRate tFaRSPoFtatien f. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. d. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. g. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off - street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated. This requirement shall not apply to individual parcels less than 5 acres in size. 52 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W e. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required offstreet parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; heweveF, GOFnrneFG4a! uses enly shall be permitted on the grouRd floor. This requirement shall not apply to individual parcels less than 5 acres in size. h. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. In the case of any request to deviate from this requirement, a donation of land, cash, or other in -kind contribution may be accepted, where it has been demonstrated to sufficiently mitigate for the reduction of required on -site usable open space. This cash or in -kind contribution may be used to enhance the public realm (public art, plaza, fountains, etc). This usable open space requirement shall not apply to individual parcels less than 5 acres in size. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. of this Code. In the case of any request to deviate from this requirement a donation of land cash or other in- kind contribution may be accepted, where it has been demonstrated to sufficiently mitigate for the reduction of required on -site usable open space This cash or in- kind contribution may be used to enhance the public realm (public art plaza fountains. etc). This usable open space requirement shall not apply to individual parcels less than 5 acres in size. 9. Outdoor Display and Sale of Merchandise a. No automatic food and drinking vending machines are permitted outside of any structure. b. Newspaper vending machines will be limited to two machines per project site and shall be permanently affixed (not portable) C. Outdoor display and sale of merchandise, within front yards on improved properties, is permitted provided the merchandise is limited to the sale of comparable merchandise sold on the premises. 4.02.16 C The fclle_.,;ng regulations govern the outdoor display and sale of merchandise. 1. No automatic flood and drinking vending machines OF PUbl0G pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site and shall be permanently affixed (not portable). 3. Outdoor display and sale of merchandise, within front yards on improved properties, afe is permitted subje^.t +e the following Nre.i6iGR.T a. The outdoOF di6play/sale of provided the merchandise is limited to the sale of comparable merchandise sold on the premises. 53 I D. Building Types and Architectural Standards 2 1. Purpose and Intent 3 The purpose of this section is to supplement the provisions of Section 5.05.08 of 4 the LDC by identifying and providing design standards for the building types 5 allowed within the Bayshore Gateway Triangle CRA. The standards are intended 6 to attach the same importance to the overall building design as is placed on the 7 use contained therein, and to ensure that proposed development is consistent 8 with the CRA's goals for building form, character and quality. Buildings within the 9 BMUD and GTMUD are expected to be added as long -term additions to the 10 architectural vibrancy of the community. 11 2. Applicability 12 Each proposed building shall be designed in compliance with the standards of 13 this section for the applicable building type, regardless of the underlying zoning 14 district provisions. The uses permitted within the building are determined by the 15 underlying zoning district or overlay subdistrict in which it is located. All buildings 16 shall meet the design requirements set forth in section 5.05.08 unless otherwise 17 specified in this Section. 18 19 20 21 22 23 24 25 26 27 4.02.16 (and 4.02.35 F.1) G. Architectural Design Theme Each proposed building shall be designed in compliance with the standards of this section for the applicable building type, regardless of the underlying zoning district provisions. The uses permitted within the building are determined by the underlying zoning district or overlay subdistrict in which it is located. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified in this Section belew. 3. General Architectural Standards a. Architectural Style: The building design standards of this Section do not mandate a particular building style and permit a wide variety of architectural expressions. When a building exhibits a known architectural style (i.e., Florida Cracker, Mediterranean, Colonial, Modern) the details shall be consistent throughout the building and any accessory structures on the same site. 4.02.35 F. ArnhiteGtural Standards ArGhiteGtUra! design theme. The "Old FIE)Fida" OF "FIE)FOda GFarskeF" design therne *6 eRG9UFaged new development, GORStFUGtion er existing building Fenevatien OF Fehabilitatien On GTMUD Mixed Architectural Style: The building design standards of this Section do not mandate a particular building style and permit a wide variety of architectural expressions. When a building exhibits a known architectural style (i.e., Florida Cracker, Mediterranean, Colonial, Modern) the details shall be consistent throughout the building and any accessory structures on the same site. 54 I b. Frontage: The primary entrance for any building must be oriented to the 2 street. Orientation is achieved by the provision of a front fagade including3anentrydoorthatfacesthestreetorsquare. This requirement shall not 4 apply to mobile homes or to buildings that are interior to a site that has 5 other buildings that meet this provision. 6 7 4.02.16 G. Appropriate - Primary entrance oriented toward the street Inappropriate - Primary entrance oriented toward the side or the rear e. All buildings immediately abutting to Bayshore Drive shall have the principal pedestrian entrance fronting Bayshore Drive. Exceptions may be granted for mixed use projects of 2 acres or greater through the administrative deviation process per subsection 2.03.07 1.5 4.02.35 F. 2. b. All buildings adjacent to US 41, Davis Boulevard, Commercial Drive, Airport - Pulling Road or future north -south streets will have the principal pedestrian entrance fronting US 41, Davis Boulevard, Commercial Drive, Airport - Pulling Road or future north south streets. 4.02.36 C. b. The primary entrance shall be oriented to the street with the exception of mobile homes. Orientation is achieved by the provision of a front facade including an entry door that faces the street. 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 C. Compatibility: Proposed buildings should relate to adjacent buildings in similarity of scale, height, architectural style, and /or configuration. Exceptions to this provision include civic and institutional buildings such as churches and schools. 0' del I,II ®I Appropriate Scale - Building height and style may Inappropriate Scale - Doors, windows and roofs vary but the scale and proportions should be that are of different scale and placement result compatible. Aligning doors, windows and roofs in buildings that are incompatible. helps make buildings compatible with each other. 5.05.08. C. 3. a. Purpose. The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adjacent built environment. 56 1 3 4 d. Facade Treatment: Architectural Elements such as windows and doors, bulkheads, masonry piers, transoms, cornices, window hoods, awnings, canopies, and other similar details shall be used on all facades facing a public right -of -way. GABLES EAVES BALCONIES OPENARCADE OR COVERED, WALKWAY TRANSOMS! TRANSOM LIGHTS RECESSED ENTRY 5 6 7 DECORATIVE CORNICES WINDOW TRIM MINIMUM 4" WIDE) BUILDING AWNINGS ALONG FIRST FLOOR PILLARS OR POSTS 4.02.16 G. 2. a. Buildings shall be designed to reduce mass and scale through the provision of arcades, windows, entry features, and other design treatments. 4.02.35 F. 2. a. Buildings shall be designed to reduce mass and scale through the provision of arcades, windows, entry features, and other design treatments 4.02.36 C. 1. b. The primary entrance shall be oriented to the street with the exception of mobile homes. Orientation is achieved by the provision of a front facade including an entry door that faces the street. 5.05.08 C. 2. b. Ground floor. Primary facades on the ground floor must have features along a minimum of 50 percent of their horizontal length. These features include, but are not limited to: arcades; display windows; entry areas; or other similar design elements. 57 I 2 3 4 5 6 7 8 9 10 11 12 4. Building Type: HOUSE a. Description: The predominant building type in the Bayshore Gateway Triangle CRA and is intended for use as a single - family detached dwelling located on its own lot, although it may also accommodate duplexes, small multi - family dwellings, home occupations, and professional offices. b. Yards: The typical House has four yards: front, sides, and rear. Corner Lots shall have two front yards and two side yards, with the front yards along each street frontage. I I I I I Property Line I I I © I I I I I I I I I I I I I I I I i House _ i House i j Primary] Facade j 1 I I t —• —•— — .............. I -------------- Pr1mary Street OMinimum Front Yard © Minimum side Yard © Minimum Rear Yard 58 vv Ln in 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 C. Elevation Requirements: A maximum of two feet of fill shall be allowed on site towards meeting National Flood Insurance Program (NFIP) requirements. Additional NFIP finished habitable floor height requirements shall be accomplished through stem wall construction. Stem walls shall be finished in material and color complimentary to the principal structure. 4.02.18 B. (and 4.02.36 C.) Buildings shall adhere to the following elevation requirements: a A maximum of two feet of fill shall be allowed on site towards meeting NFIP requirements. Additional NFIP finished habitable floor height requirements shall be accomplished through stem wall construction. Stem walls shall be finished in material and color complimentary to the principal maiR Open stilt -type construction is not permitted. On front yards, the foundation area below the first floor must be treated with a solid facade or lattice, which is consistent with the architectural style of the building and the floodplain protection standards of Section 3.02.00. b. Open stilt -type construction is not permitted. On front yards, the foundation fame area below the first floor must be treated with a solid facade or lattice, which is consistent with the architectural style of the building and the floodplain protections standards of Section 3.02.00. iii. Parking is permitted under the principal structure. The garage floor shall not exceed twenty -four (24) inches above the elevation of the crown of road from which it is accessed. C. Parking is permitted under the principal structure. The garage floor shall not exceed twenty -four (24) inches above the elevation of the right -of -way from which it is accessed. 59 I 2 3 4 5 6 7 8 9 10 11 12 13 14 d. Front Porches: i. Front porches should be used as a primary architectural element and may encroach up to seven (7) feet into the required front setback in accordance with Section 4.02.18 MAJ. ii. Front porches must cover a minimum of forty (40) percent of the horizontal length of the front yard facade of the primary residence and be at least five (5) feet deep. 1 1 I I I ! I I I Housei I 0 Minimum Front Yard I ( Porch encroachment 7' max. I Minimum Porch Width 40% of c Porch I Front Fagade Length J._...._. ._.._ ._._.,..........._.J.._,_._._._ Sidewalk iii. Front porches shall not be air - conditioned or enclosed with glass, plastic, or other materials. Screening the porch is allowed as long as the moldings that hold the screen material matches the material and design character of the structure. iv. Front second -story porches are encouraged, but no enclosed room is permitted above the front porch 4.02.18 B. (and 4.02.36 C.) 4. Front porches shall adhere to the following standards. a. Front porches should be used as a primary architectural element and may encroach up to seven (7) feet into the required front yard- setback in accordance with Section 4.02.18 A.7.d.i. if the S+rU t ire IGGated OR the m Rimy n; frGRt yard setba& (4) feet) with aR additienal three (3) feet eRGFeaGhMeRt al!Gwable fer eRtFy stars. b. Front porches must cover a minimum of forty (40) percent of the horizontal length of the front yard facade of the primary residence and be at least five (5) feet deep. and n RStF Gtinn materials of the r sidGRGe d. Front porches shall not be air - conditioned or enclosed with glass, plastic, or other materials. Screening the porch is allowed as long as the moldings that hold the screen material match the material and design character of the structure. e. Front second -story porches are encouraged, but no enclosed room is permitted above the front porch. 1 Oil 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e. Garages, Carports and Driveways: Garage doors shall have a maximum width of sixteen (16) feet. 4.02.18 B. 5. Garages. Carports and Driveways. a. Garage doors shall have a maximum width of sixteen (16) feet. The driveway shall have a maximum width of eighteen (18) feet in the right -of -way area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. 4.02.18 B. (and 4.02.36 C.) 5. Garages, Carports and Driveways. a. The driveway shall have a maximum width of eighteen (18) feet in the right -of -way area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. iii. Freestanding carports are prohibited. Carports and porte - cochere must be attached to the principal structure and be of similar materials and design as the principal structure. Detached garages must meet the side and rear setback requirements for an accessory structure. Carports and detached garages shall be no closer than 23 feet from the front yard setback line. b. No- f-Freestanding carports are prohibited permitted. Carports and porte - cochere r., re r_Tnni in 14 must be attached to the principal structure and be of similar materials and design as the principal structure. Detached garages must meet the side and rear setback requirements for an accessory structure Carports and detached garages shall be no closer than 23 feet from the front yard setback line. iv. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side - loaded there must be at least a 23 -foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 61 Nilo 2 1._.—.—.—,_._._._. 1._.— ,— .— .— .— .— .J.— .— .— .— ._._._._.J Detached Garage Front Loaded Garage Side Loaded Garage I i I I I I I I I I I I I I I I I I I I I I I I i I I I v Minimum Driveway 1 -- - I I Depth I i I I r 1. . . ._._._._._.L.— _ - ._.— ._._.J. . — ._._._._._.J Street C. The distance from the back of the sidewalk to the garage deeF iGTeai in Figure 1 m must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side - loaded there must be at least a 23 -foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 62 4^ Building Type: TOWNHOUSE 2 m. Description: A building with two or more residential units that are 3 attached bva common wall. A Townhouse is typically a fee simple unit 4 from ground to roof with nn units above orbelow. A Townhouse may be 1 used as a live-work unit. 6 7 8 o 10 l| 12 b. Yards: The Townhouse Building typically has one primary yard located to the rear of the structure with the potential for a small landscaped front yard. A side yard ia required for end units. Corner lots shall have ofront yard on each street frontage. Property Lines j Primary Facade Street 0 Minimum Front Yard is Minimum Side Yard 0 Minimum mo,mm M, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 c 781 Front Porches and Stoops: i. Front porches should be used as a primary architectural element and may encroach up to seven (7) feet into the required front setback in accordance with Section 4.02.18 A.7.d.i. ii. Front porches must cover a minimum of thirty (30) percent of the horizontal length of the front yard facade of the primary residence and be at least five (5) feet deep. Minimum Front Yard Porch encroachment 7' max. Q Minimum Porch Width 30%ofc rD Front Fagade Length Elevation Details: I 1 I I I I I 1 i Townhouse i Alk I 1 I I Porch I L._._._._._.L._._._ Sidewalk i. All building elevations visible from the street shall provide doors, porches, balconies, terraces and /or windows along a minimum of sixty (60) percent of the front elevation and thirty (30) percent of the side elevation for each building story. "Percent of elevation" is measured as the horizontal plane containing doors, porches, balconies, terraces and /or windows in relation to the total horizontal plane of the building elevation. Q+ Q +Q= X60% of Q 64 O I ii. All townhouse buildings are encouraged to provide design details 2 and architectural features to provide visual interest. The types of 3 features may vary on adjacent townhome facades that share a 4 common wall, and may include: 5 a) Dormers 6 b) Gables 7 c) Recessed entries 8 d) Covered porch entries 9 e) Pillars or posts 10 f) Eaves 11 g) Bay windows 12 h) Balconies 13 i) Decorative finish, such as wainscoating 14 j) Decorative cornices and rooflines (for flat roofs) 15 k) Window trim (minimum 4 inches wide) 16 e. Garages and Driveways: 17 i. Garages and off - street parking spaces are encouraged to be 18 located to the rear of the building. 19 ii. Garage provided along the front facade of the building shall meet 20 the following design standards: 21 a) Garages shall be recessed from the front facade of the 22 building by a minimum of five (5) feet. Driveways shall be 23 designed to provide sufficient room for a parked vehicle 24 without interfering with sidewalks. 25 b) Garage doors shall not exceed more than thirty (30) 26 percent of the front elevation. 27 65 n rMIO 1 5. 2 3 4 5 6 7 8 9 10 11 12 13 14 Building Type: APARTMENT a. Description: A multiple -unit building with units vertically arranged and with parking located below or behind the building. Units may be for rental or for sale in condominium ownership or may be designed as continuing care facilities or lodging (hotel). b. Yards: The Apartment Building typically has a primary yard located to the rear of the structure with secondary side yards and the potential for a small landscaped front yard. Corner lots shall have a front yard along each street frontage. Buildings located internal to a site may be arranged in a courtyard setting provided the site has at least one (1) building oriented toward the street. I I I Property Line I I I I I I I I I I I I I I I I I DoCourtyazd N W;14 I i I I PrimarviFacade 1._._._. _._._ ._._._._._.L._._._._._._._._._. 0 Minimum Front Yard © Minimum Side Yard 0 Minimum Rea rYard MOO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 re, t Elevation Details: L All Apartment Building elevations visible from the street shall provide doors, porches, balconies, terraces and /or windows along a minimum of sixty (60) percent of the front elevation and thirty 30) percent of the side elevation for each building story. "Percent of elevation" is measured as the horizontal plane containing doors, porches, balconies, terraces and /or windows in relation to the total horizontal plane of the building elevation. ii. All Apartment buildings are encouraged to provide design details and architectural features to provide visual interest, which may include the following: a) Dormers b) Gables C) Recessed entries d) Covered porch entries e) Pillars or posts f) Eaves g) Bay windows h) Balconies i) Decorative finish, such as wainscoating j) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) 1) Canopies, porticos, or porte - cocheres (integrated with the building's massing and scale) Massing and Scale: Apartment buildings shall relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. L Buildings over 10,000 square feet in gross building area shall include fagade variations so that the maximum length, or uninterrupted curve, of any fagade does not exceed sixty (60) linear feet. Fagade variations shall be provided through projections and recesses with a minimum depth of five (5) feet and may include porches, balconies, bay windows and /or covered entries. 67 A01\ 4.02.18 B. (and 4.02.36 C.) Buildings and their elements shall adhere to the following: a. Buildinas over 10.000 square feet in qross building area multi family buildings shall include facade variations so that the maximum length, or uninterrupted curve, of any facade does not exceed be divided using aFtiGUlatien andiGF FnedulatieR at least sixty -(60) linear feet. Fagade variations shall be provided through projections and recesses with a minimum depth of modulatmen is, steopwRq h extendinq f e d a portion of the faGade at least five (5) feet and may include porches, balconies, bay windows and /or covered entries 1 2 3 4 5 6 7 8 9 10 11 12 13 5.05.08 C. 10. b. 14 ii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof is 60 linear feet. Appropriate — Building includes roofline offsets and facade variation Inappropriate — Building lacks roofline offsets and facade variation Roof edge and Parapet Treatment i. For buildings larger then 5,000 square feet in gross building area a minimum of two roof -edge or parapet line changes are required. Each vertical change from the dominant roof condition must be a minimum of ten percent of building height, but no less than three feet. At least one such change must be located on a primary facade. One additional roof change must be provided for every 100 linear feet of the facade length. we 1 6. Building Type: MIXED -USE (4.02.16 G) 2 a. Description: A building which can accommodate a variety of uses, 3 typically with the ground floor dedicated to non - residential uses and upper 4 story floor(s) dedicated to office and /or residential uses. 5 6 7 b. Yards: The Mixed -Use Building typically has a primary yard located to 8 the rear of the structure with the potential for a small front plaza or 9 courtyard to provide public space or outdoor dining. 10 i._..._._ ._._._. .._._._. I I j Property Line --'I i l i i i© ©'a 0 i i i 4, i Building j Building N i Primal Facade i Primary Facade i I I I L._© ._._._._.J._ ©._._._._._._._._._._.J Street QFront Yard ©Side Yard © Rea rYard 11 12 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C. Multi- Story: Mixed -Use Buildings shall have a minimum of two stories. The first floor shall have a minimum floor -to- ceiling height of fourteen (14) feet. d. Street Facades: The first floor of all Mixed -Use Buildings shall be designed to encourage and complement pedestrian -style interest and activity through the following elements: The first floor building elevation shall be located between the minimum and maximum front setback line (if provided) for a minimum of sixty (60) percent of lot width. Building Max. Front. Min. Front Setback Property Lines\ I Fagade Width = >60%of b Q Lot Width Street Street Glazing, consisting of transparent windows and doors, shall be provided along a minimum of thirty -five (35) percent of the length of first floor building elevation along the primary street frontage. Building elevations along secondary street frontages shall provide thirty (30) percent glazing. 4.02.18 G.2.f (and 4.02.36 F.2.c) c (f). Glazing, consisting of transparent windows and doors, shall be provided alonq a minimum of thirty -five (35) percent of the length of the first floor building elevation along the primary street frontage. Building elevations along secondary street frontages shall provide thirty (30) percent glazing I rlin^e fnGade alOR,, a here Read) will be GleaF glass (with a maximum tint f 250%). Expanses of blank yVaIIJ IIIay IIOL exceed LVVe1lIVY, (LV) iee'l III iengil along the primary street frontage. A blank wall is a fagade that does not contain transparent windows, doors, arcades, stairs or similar features. 71 n I 1 2 3 4 5 Ai 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e. Windows: Windows along the first floor building elevation shall meet the following standards: i. Clear glass windows shall not exceed a tint of more than 25 %. ii. Windows shall be located between two (2) and seven (7) feet above sidewalk grade. 4.02.18 G.2.g (and 4.02.36 F.2.d) Clear glass windows with a tint of 25% or less, between the height of two (2) and seven (7) feet above sidewalk grade are required on the primary fagade of the first floor of any building. f. Building Entrances: All Mixed -Use Buildings shall have a clearly defined principal pedestrian entrance fronting the street. Additional entrances may be oriented toward the side and rear parking lots or pedestrian pathways. 5.05.08 C. 2. a. Building entrance. Buildings located along a public or private street must be designed with the main entrance clearly defined, and with convenient access from both parking and the street. g. Elevation Details: i. All Mixed Use buildings shall provide a minimum of four (4) of the following design details and architectural features: a) Dormers b) Gables C) Recessed entries d) Covered porch entries e) Pillars or posts f) Eaves g) Bay windows h) Balconies i) Decorative finish, such as wainscoating j) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) 1) Canopies, porticos, or porte- cocheres (integrated with the building's massing and scale) m) Open arcade or covered walkway n) Bulkheads o) Transoms P) Window hoods cl) Building awnings along first floor 72 5.05.08 C. C. Building design treatments. Each building facade must have at least four of the following building design treatments: L Canopies, porticos, or porte - cocheres, integrated with the building's massing and style, H. Overhangs, minimum of three feet, iii. Colonnades or arcades, a minimum of eight feet clear in width, iv. Sculptured artwork, V. Cornice minimum two feet high with 12 inch projection, vi. Peaked or curved roof forms, vii. Arches with a minimum 12 -inch recess depth, viii. Display windows, ix. Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design, X. Clock or bell tower, or other such roof treatment (i.e. dormers, belvederes, and cupolas), A. Projected and covered entry, with minimum dimension of eight feet and the minimum area of 100 square feet, xii. Emphasized building base, minimum of three feet high, with a minimum projection from the wall of two inches, xiii. Additional roof articulation above the minimum standards, xiv. Curved walls, xv. Columns, xvi. Pilasters, or xvii. Metal or tile roof material. xviii. Expressed or exposed structural elements. xix. Additional glazing at a minimum of 15% beyond the code minimum requirement. xx. Solar shading devises (excluding awnings) that cover a minimum of 50% of the building facade. xxi. Translucent glazing at a minimum of 15% beyond the code minimum glazing requirement. xxii. Glass block at a minimum of 15% beyond the code minimum glazing requirement. 2 h. Massing and Scale: Mixed Use buildings shall relate in mass and scale 3 to the adjacent built environment and shall avoid single, large, dominant 4 building mass. 5 i. Mixed Use Buildings shall include fagade variations so that the 6 maximum length, or uninterrupted curve, of any fagade does not 7 exceed 75 linear feet. Fagade variations shall be provided 8 through projections and recesses with a minimum depth of four (4) 9 feet. 10 73 i"N 2 3 4 5 6 7 8 9 10 11 12 13 14 5.05.08 C. 4. a. Projections and recesses. L For buildings 40,000 square feet or larger in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 150 linear feet. Projections and recesses must have a minimum depth of ten feet within 150 linear feet limitation. ii. For buildings between 20,000 and 39,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 125 linear feet. Projections and recesses must have a minimum depth of eight feet within 125 linear feet limitation. iii. For buildings between 10,000 and 19,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 100 linear feet. Projections and recesses must have a minimum depth of six feet within 100 linear feet limitation. iv. For buildings between 5,000 and 9,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 75 linear feet. Projections and recesses must have a minimum depth of four feet within 75 linear feet limitation. V. For buildings less than 5,000 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 50 linear feet. Projections and recesses must have a minimum depth of three feet, and a minimum total width of 20 percent of the facade length Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof is 75 linear feet. 5.05.08 C. 10. b. Roof Edge and Parapet Treatment For buildings larger then 5,000 square feet in gross building area a minimum of two roof -edge or parapet line changes are required. Each vertical change from the dominant roof condition must be a minimum of ten percent of building height, but no less than three feet. At least one such change must be located on a primary facade. One additional roof change must be provided for every 100 linear feet of the facade length. Materials: Mixed -Use Buildings exteriors shall consist of wood clapboard, stucco finish, cement fiber board products, brick or stone. 4.02.16 G. (and 4.02.35 F.2.j.) 2. d. Mixed -Use Buildings exteriors shall consist FaGade wall Wilding FRateFials shall be of wood clapboard, stucco finish, cement fiber board products brick or stone. Pitched roofs shall be metal seam (5v Crimp, standing seam or similar design), slate, copper, or wood shingles. 4.02.16 G. (and 4.02.35 F.2.h.) 2. b. Hip eF gable building Pitched roofs shall be metal seam (5v Crimp, standing seam or similar design), slate, copper, or wood shingles 74 I 2 3 4 5 6 7 8 9 10 11 7. Building Type: COMMERCIAL a. Description: A single or multi -story building which accommodates non- residential and automobile oriented uses, such as retail and office uses. This building type provides convenient vehicle access from the fronting roadway while minimizing the negative impacts of parking lots on an active pedestrian realm. b. Yards: The Commercial Building has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining. i._._._. I I Property Line --`j I I I I I I I wlww i I I i Building i i Primary Facade i1 Front Yard 75 Building i V) i i Primary Facade i I 1 Street Side Yard Rear Yard I C. Street Facades: The first floor of all Commercial Buildings shall be 2 designed to encourage and complement pedestrian -style interest and 3 activity through the following elements: 4 i. The first floor building elevation shall be located between the 5 minimum and maximum front setback line (if provided) as 6 provided in Section 4.02.16 A.1.a.ii. for a minimum of fifty (50) 7 percent of lot width. 8 ii. Glazing, consisting of transparent windows and doors, covering a 9 minimum of thirty (30) percent of the length of first floor building 10 elevation along the primary street frontage. Building elevations 11 along secondary street frontages shall provide twenty -five (25) 12 percent glazing. 13 14 15 16 17 n 18 19 20 21 22 23 24 25 26 27 28 4.02.18 G.2.f (and 4.02.36 F.2.c) c (f). Glazing, consisting of transparent windows and doors, shall be provided along a minimum of thirty -five (35) percent of the length of the first floor building elevation along the primary street frontage. Building elevations along secondary street frontages shall provide thirty (30) percent glazing DFive (that faces US 41 Davis Beule_.`rrl !`nmmernial Drive or AiFpert Pulling Read) wall he rleaF glass (with e maximum tint of 25%) iii. Expanses of blank walls may not exceed twenty (20) feet in length along the primary street frontage. A blank wall is a facade that does not contain transparent windows, doors, stairs or similar features. e. Windows: Windows along the first floor building elevation shall meet the following standards: i. Clear glass windows shall not exceed a tint of more than 25 %. ii. Windows shall be located between two (2) and seven (7) feet above sidewalk grade. 4.02.18 G.2.g (and 4.02.36 F.2.d) Clear glass windows with a tint of 25% or less, between the height of two (2) and seven (7) feet above sidewalk grade are required on the primary facade of the first floor of any building. iii. Buildings over 20,000 square feet in floor area may utilize spandrel glass, or other faux window treatment, for up to twenty - five (25) percent of the glazing requirement. 5.05.08 C. 6. Window standards. Windows must not be false or applied. Spandrel panels in curtain wall assembly are allowed but may not be included in the minimum glazing required for primary facade. 76 1 2 3 4 5 6 7 r•. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 f. Building Entrances: All Commercial Buildings along Bayshore Drive shall have a clearly defined principal pedestrian entrance fronting Bayshore Drive. Additional entrances may be oriented toward the side and rear parking lots or pedestrian pathways. 5.05.08 C. 2. a. Building entrance. Buildings located along a public or private street must be designed with the main entrance clearly defined, and with convenient access from both parking and the street. g. Elevation Details: i. All Commercial Buildings shall provide a minimum of four (4) of the following design details and architectural features: a) Dormers b) Gables C) Recessed entries d) Covered porch entries e) Pillars or posts f) Eaves g) Bay windows h) Balconies i) Decorative finish, such as wainscoating D Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) 1) Canopies, porticos, or porte - cocheres (integrated with the building's massing and scale) m) Open arcade or covered walkway n) Bulkheads o) Transoms P) Window hoods q) Building awnings along first floor 77 2 3 4 5 6 7 8 9 10 11 12 13 5.05.08 C. 5. C. Building design treatments. Each building facade must have at least four of the following building design treatments: i. Canopies, porticos, or porte - cocheres, integrated with the building's massing and style, ii. Overhangs, minimum of three feet, iii. Colonnades or arcades, a minimum of eight feet clear in width, iv. Sculptured artwork, V. Cornice minimum two feet high with 12 inch projection, vi. Peaked or curved roof forms, vii. Arches with a minimum 12 -inch recess depth, viii. Display windows, ix. Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design, X. Clock or bell tower, or other such roof treatment (i.e. dormers, belvederes, and cupolas), A. Projected and covered entry, with minimum dimension of eight feet and the minimum area of 100 square feet, xii. Emphasized building base, minimum of three feet high, with a minimum projection from the wall of two inches, xiii. Additional roof articulation above the minimum standards, xiv. Curved walls, xv. Columns, xvi. Pilasters, or xvii. Metal or tile roof material. xviii. Expressed or exposed structural elements. xix. Additional glazing at a minimum of 15% beyond the code minimum requirement. xx. Solar shading devises (excluding awnings) that cover a minimum of 50% of the building facade. xxi. Translucent glazing at a minimum of 15% beyond the code minimum glazing requirement. xxii. Glass block at a minimum of 15% beyond the code minimum glazing requirement. h. Massing and Scale: Commercial buildings shall relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. i. Commercial Buildings shall include facade variations so that the maximum length, or uninterrupted curve, of any facade does not exceed 100 linear feet. Fagade variations shall be provided through projections and recesses with a minimum depth of four (4) feet. ii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof is 100 linear feet. 78 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 5.05.08 C. 4. a. Projections and recesses. L For buildings 40,000 square feet or larger in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 150 linear feet. Projections and recesses must have a minimum depth of ten feet within 150 linear feet limitation. ii. For buildings between 20,000 and 39,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 125 linear feet. Projections and recesses must have a minimum depth of eight feet within 125 linear feet limitation. iii. For buildings between 10,000 and 19,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 100 linear feet. Projections and recesses must have a minimum depth of six feet within 100 linear feet limitation. iv. For buildings between 5,000 and 9,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 75 linear feet. Projections and recesses must have a minimum depth of four feet within 75 linear feet limitation. V. For buildings less than 5,000 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 50 linear feet. Projections and recesses must have a minimum depth of three feet, and a minimum total width of 20 percent of the facade length L Materials and Colors: Commercial Buildings shall be of wood clapboard, stucco finish, cement fiber board products, brick or stone. 4.02.16 G. (and 4.02.35 F.2J.) 2. d. Mixed -Use Buildings exteriors shall consist FaGade al building Fnaterials shall bea of wood clapboard, stucco finish,. -eF cement fiber board products brick or stone. Pitched roofs shall be metal seam (5v Crimp, standing seam or similar design), slate, copper, or wood shingles. 4.02.16 G. (and 4.02.35 F.2.h.) 2. b. Pitched roofs shall be metal seam (5v Crimp, standing seam or similar design), slate, copper. or wood shingles iii. Exterior building color: If 50% or more of a facade consists of glazing in the form of transparent windows and doors, the applicant may request a deviation from Section 5.05.08.13.b. The CRA Advisory Board will be responsible for the review and approval of such requests to ensure compatibility with CRA goals and objectives and community character. i. Awning: For awnings spanning less than 25 percent of a facade. an applicant may request a deviation from the color restriction identified in Section 5.05.08.11.c.iv. The CRA Advisory Board will be responsible for the review and approval of such requests to ensure compatibility with CRA goals and objectives and 79 community character. In no instance shall florescent colors be permitted. 80 I 2 3 4 5 6 7 8 9 10 11 12 13 14 PC n 8. Building Type: CIVIC & INSTITUTIONAL Description: A building that serves as a public gathering place and a focal point of the community. These buildings should be constructed as permanent long term additions to the area and include uses dedicated to religious, cultural, governmental or educational missions. General Requirements: Because of the unique characteristics of Civic and Institutional buildings, it is generally exempt from the standards imposed on other building types in this Section and the architectural standards of Section 5.05.08. The following standards shall apply: i. Buildings should be of sufficient design to serve as a visual anchor to the community. ii. All rooftop equipment shall be screened from view. yyam: ti i I E 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Landscaping and Buffer Requirements 1. Applicability: Landscaping and Buffering in the BMUD and GTMUD shall be provided in accordance with Section 4.06.00, unless as specified in this Section. 2. Buffer Requirements: Buffers shall be provided to give spatial separation and visual screening between incompatible uses. a. Perimeter Buffers: The following buffer standards shall be required for MUPs, PUDs, commercial developments and other non - residential developments in the BMUD -NC, BMUD -W and GTMUD -MXD subdistricts. i. Buffers adjacent to residential uses and residentially zoned properties shall be consistent with one of the following: a) Ten (10) foot wide buffer including a six -foot high opaque masonry wall and a row of trees spaced no more than 30 feet on center; or b) Fifteen (15) foot wide buffer including trees spaced no more than 25 feet on center and a hedge consisting of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at the time of planting 4.02.16 F. (and 4.02.35 E.) 2. Buffers adjacent residential uses and residentially zoned properties shall be consistent with one of the following:" a) Minimum h,." °r Ten 101--zfoot wide buffer including landscaped °r°° shall be fe , iir °r This ° shall iRG'ude: a Wsix -foot high opaque masonry wall and; ayw.. mow. M. w `. ... row of trees spaced no more than 30 2-& feet on center; or b) Fifteen 0 5) foot wide buffer including trees spaced no more than 25 feet on center and a hedge consisting of ten gallon plants five feet in height, three feet in spread and spaced a maximum of four°^' ° single Fe of shFubs at feast 24 iRGhes iny height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall. ii. Buffers adjacent to non - residential uses shall include a shared ten 10) foot wide buffer. Each property must contribute a minimum of five (5) feet to the buffer. This buffer area may be provided in the form of landscaped area with plantings consistent with the Type A buffer requirements and /or hardscaped courtyards, mini - plazas, outdoor eating areas, and building foundation planting areas. This buffer requirement is not required in the side yard between non- residential uses that share a common wall or between shared parking facilities. 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 4.02.16 F. (and 4.02.35 E.) 3. Buffers adiacent to non - residential uses shall include a A- shared ten 0 0 foot wide 1andsGa-pe buffer_ with each adjaGeRt Each property must contribute-44g a minimum of five J51 feet buffer area squaFe fcetage to the buffer. This buffer area may be provided in the form of landscaped with plantings consistent with the Type A buffer requirements and /or hardscaped courtyards, mini - plazas, outdoor eating areas and building foundation planting areas. This buffer requirement is not required in the side yard between non - residential uses that share a common wall or between shared parking facilities I I Alley or Joint Access Easement I I I I I I Shared Parking I I 1 I I I j I © I I I I OI I I 1 I I I I I I L._._ ._._._._._._._._._.L._._._._._. Street Front Yard © Side Yard © Rear Yard iii. Right -of -Way Buffers: Right -of -way buffers for multi - family excluding House and Townhouse Building Types) and non- residential developments are encouraged to coordinate with and complement the Bayshore Gateway Triangle Streetscape Guidelines. a) Developments within an Activity Center must provide a twenty (20) foot Type D buffer adjacent to US 41, Tamiami Trail, meeting the design standards of Section 4.06.02 C.4. b) All other developments shall provide a buffer consisting of one of the following: 1) Minimum ten (10) foot wide Type D Buffer meeting the design standards of Section 4.06.02 C.4. Q) 2 N 2) A hardscaped area extending from the back of the street planting zone to the primary front fagade. The hardscaped area shall perform as an expanded public realm and may include benches, outdoor eating areas, plazas, fountains, and art pieces. 83 1 2 3 4 I I Buffer —option (a) I I I I I I I I I I I I I I Street I i Buffer — Option (b) i I I I I I I I i Hardscape T._I._. 4.02.16 F. (and 4.02.35 E.) 7. Right -of -Way Buffers: Right Townhouse Building Types) of -way buffers for multi - family (excluding House and and non - residential developments are encouraged to coordinate with and complement the Bayshore /Gateway Triangle Streetscape Guidelines. aFe nt . ed to have ROW hu ffe Fs _ 1 BM NQ d 13M D VV d r! lepmeets will he based StreetSGape Design Guidelineselines GuidelinesGRA to he prepared by Bayshore I Gateway Triangle Streetscage AdviseFy Beard and Qe„°h„re A .,ales Beaut,fivative PAST) I 5 3. Parking Lot Landscaping: 6 a. Up to 30 percent of the landscape islands shall have a minimum width of 5 7 feet inside planting area and may be planted with a palm tree equivalent. 8 b. Minimum tree size shall be 1 -%" caliper and a minimum of 10 feet in height. 9 10 11 12 13 14 15 16 4.02.38 G. 1. Up to 30 percent of the landscape islands shall have a minimum width of 5 feet inside planting area and may be planted with a palm tree equivalent. 2. Minimum tree size shall be 1 %" caliper and a minimum of 10 feet in height. C. Parking lot perimeter: i. Parking lots shall include perimeter planting areas that are a minimum of five (5) feet in width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 gallons at the time of planting to provide year -round screening. Trees shall be included in the perimeter landscape area at a minimum spacing of one tree /palm per 25 feet of linear frontage. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 4.02.38 G. 3. Parking lot perimeter landscaping areas shall be a minimum of eight (8) feet in width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 gallons at the time of planting to provide year -round screening. Trees shall be included in the perimeter landscape area at a minimum spacing of one tree /palm per 25 feet of linear frontage. Street trees planted within the right -of -way may be used to meet this requirement. ii. Streetwalls shall be used when surface parking lots for non- residential uses abut the right -of -way of Bayshore Drive, Van Buren Avenue, Thomasson Drive in the BMUD and US 41, Davis Boulevard, and Commercial Drive in the mini - triangle portion of the GTMUD. 4.02.16 F. (and 4.02.35 E.) 8. Streetwalls shall be used when surface parking lots for non - residential uses abut the right - of -way of Bayshore Drive, Van Buren Avenue, Thomasson Drive (US 41, Davis Boulevard, Commercial Drive, or Airport-Pulling Road) in the BMUD and US 41, Davis Boulevard, and Commercial Drive in the mini - triangle portion of the GTMUD a) The wall shall complement the materials and colors of the primary buildings and be 3 to 4 feet in height and shall have a 12 inch projection or recess a minimum of every 15 feet. 4.02.16 F. (and 4.02.35 E.) a. The wall shall be senstrUeted of the same complement the materials and colors of as the primary buildings and be 3 to 4 feet in height, and shall have a-12 inch projection or recess a minimum of every 44te 15 feet. The -st eetwall ,Fna pea shall have tFees at 30 feet GR GenteF and shrubs least 24 iReahes iR height and spaGed 3 feet OR GeRteF at the time of plantiRg, with gFGUAd GeveFr. 9theF than gFass, IGGated i of d I + b) The streetwall shall be set back the same distance as the primary building facade; however, the street wall shall meet County standards for site distance triangles per Section 4.06.01 D.1. 4.02.16 F. (and 4.02.35 E.) 8. C. The streetwall shall be set back the same distance as the primary building facade however, the street wall shall in c)FdeF +° Fn County standards for site distance triangles (Section 4.06.01, D.1.) fnr egFess f.ew I, I + C) The street side of the streetwall shall have trees at 30 feet on center planted within tree wells or a minimum 5 foot wide strip with ground covers other than grass. 85 2 3 4 5 6 7 8 9 10 11 12 13 14 4.02.16 F. (and 4.02.35 E.) 8. CAT The .Mall shall be nc.+r..nted of the c aterial the r' h 'Irl' d ber y 3 to 4 feet in h ll hu y 4` .nGh r t c f fi II h h'ne+i f. all and + 1 fever -y-19 to 15 feet. The tree o:a„ ,,ay -oe a Qe~;,,,; e„Ge materials. The street side of the streetwall shall have trees at 30 feet on center planted within tree wells or and shral;c least 24 in_he_ in height and spa d 3 feet OR GenteF at the time of planting, with gFGWRd GGveF6 otheF than gFass iA a minimum 5 foot wide strip with ground covers other than grass. Ne °+reetwall is regUired if a1' of the perking is IGGated ip rear of development. d) The streetwall structure shall be protected through the use of a root barrier system as identified by LDC Section Figure 4.06.05.H.A. e) No streetwall is required if all of the parking is located in rear of the development. 4.02.16 F. (and 4.02.35 E.) 8. a. The wall shall he genS +rUGted of the same complement the materials and colors of as the primary buildings and be 3 to 4 feet in height, and shall have a 12 inch projection or recess a minimum of every 10 to 15 feet. The streetwall may be a combination of wall and metal fence materials. The street side of the streetwall shall have trees at 30 feet on center and shrubs least 24 inches in height and spaced 3 feet on center at the time of planting, with ground covers other than grass in a minimum 5 foot wide strip. No streetwall is required if all of the parking is located in rear of development. b. No two streetwat4s shall .,,Mein g a eemmen pFopeFty line. C. The streetwall shall be set back the appropriate distance from the front yard setback line in order to meet County standards for site distance triangles (Section 4.06.01, D.1.) for egress from parking lots. 3. Building Foundation Planting: Building foundation plantings shall be required per section 4.06.05 of the Code, except as follows. The building shall provide the equivalent of 10 percent of its ground level floor area, in building foundation planting area. A continuous building foundation planting width is not required per section 4.06.05 of the Code. However, the foundation plantings shall be located within 25 feet of the building edge in the form of landscaped courtyards and seating area landscaping. Mv 4.02.16 F (and 4.02.35 E.5.) 4. 1301diR„ ce61nd-AUGn Dlantinff The foundation planting shall be a Fninimunq of 0 when used to meet these buildiRg foundationtrees, FAeasUFed in linear feet and an aveFage of five feet (5) wide. This area FnUst be IaR palm trees on the amount ef 9Re tree or palm per 25 IineaF feet of building foundation planting peFimeteF; and with 3 gallon shFubs and 1 gallon gmund GGVeF6 GtheF than gFass. TFees and palm tFees shall be planted in aFeas that aFe a FniniMUAI ef 8 wide. Palm ' oonte.d as palm is the equivalent of one treei 4.02.38 H. Building Foundation Plantings. 1. Building foundation plantings shall be required per section 4.06.05 of the Code, except as follows. The building regardless of its size, shall provide the equivalent of 10 percent of its ground level floor area, in building foundation planting area. A continuous building foundation planting width is not required per section 4.06.05 of the Code. However, the foundation plantings shall be located within 21 feet of the building edge in the form of landscaped courtyards and seating area landscaping. 2 4. Water Management Area: The water management area may be located within 3 any required buffer area provided all buffer plantings can be accommodated. 4 5 6 7 8 9 10 11 12 4.02.16 F. (and 4.02.35 E.) 6. A minknum of 50% of the surfarve i0mi-ate-Ir Management aFea shall be lands6aped. Trees shall hen vided at the Fete of 1 tree o F 250 square feet, with the balanee of the a lendSGaped with shFu bs ground G _ and a etal g . The water management area may be located within any required buffer area provided all buffer plantings can be accommodated. 5. Plant Materials: Landscaping in the BMUD and GTMUD shall utilize tree and shrub plants that are identified in the Collier County Native Plant List in order to minimize maintenance and water demands after establishment. Ornamental plantings should be drought - tolerant in nature, consistent with Florida Yards & Neighborhoods Program, and cross - referenced with the latest FLEPPC listing of invasive species Categories I and II). 87 n I F. Parking Standards 2 The purpose of the parking standards for the BMUD and GTMUD is to regulate the 3 location, siting, and design of on- street and off - street parking in a manner that provides 4 convenient access to adjoining uses, reduces increased surface level heat and glare, and 5 enhances pedestrian, bicyclist and motorist safety and visibility within the built 6 environment. Parking in the BMUD and GTMUD shall be as provided for in Section 7 4.05.00, except as specified in this Section. 8 1. Parking Space Requirements: Parking spaces shall be provided in accordance 9 with the following table. For uses not specifically listed, the most similar category 10 shall be used to calculate the minimum parking requirements. Net Floor Area is 11 defined as total floor area excluding mechanicals and core space. Use .- Single - Family Residential Minimum Parking Spaces 2.0 /dwelling unit Multi- family Residential 1- bedroom 1.0 /dwelling unit 2- bedroom 1.5 /dwelling unit 3 or more bedrooms 2.0 /dwelling unit Lodging 1.0 /room Places of worship 1/4 seats (pews: 1 seat = 1.5 feet) Assembly /Museum /Gallery 1/500 sq. ft. of net floor area open to the public Institutional 1/300 sq. ft. of net floor area General Office 1/350 sq. ft. of net floor area Retail 1/300 sq. ft. of net floor area Restaurant (1) 1/150 sq. ft. of net floor area or 1/4 seats, whichever is greater Industrial /Manufacturing 1/500 sq. ft. of net floor area Warehousing 1/1,000 sq. ft. of net floor area 12 (1) Outdoor cafe seating shall be exempt from parking calculations 13 14 15 16 4.02.35 C. (and 4.02.16 D.) 1. Mixed Use Projects Four (4) spaces per 1,000 square feet of floor area open to the general public for commercial use. b. Minimum one and one half (1.5) parking spaces for each residential unit. C. Outdoor cafe areas shall be exempt from parking calculations. 2. Adjustments to Parking Space Requirements: Developments which meet any of the following standards may be exempted from the minimum parking requirements of this section. 17 a. Public parking facilities. The CRA can make public parking available to meet 18 the minimum parking requirements for new construction or redevelopment 88 I projects. An applicant must provide documentation stating the parking 2 allocation has been approved by the CRA as part of the MUP, site 3 development or site improvement plan process. The public parking facility 4 must be located within one -half mile of the development. Once spaces are 5 allocated to a specific property through the approval of the MUP, SDP or 6 SIP, the applicant has one year to obtain a building permit for the 7 construction. If a building permit is not obtained within one year, the spaces 8 will be made available for reallocation and the applicant must submit for a 9 site development or site improvement plan amendment, either to reconfigure 10 the site to accommodate parking on -site, or to re -apply for the allocation of 11 public parking spaces, if spaces are available. 12 b. Off -site parking. Off -site parking may be used in order to meet the minimum 13 parking requirements, provided the off -site parking is located no farther than 14 1200 feet from the use it will serve. The location and design of the off -site 15 parking will be shown on the SDP or SIP and approved as part of the SDP 16 or SIP review and approval process. The required parking spaces will be 17 committed by a recordable covenant, lease, or other agreement, acceptable 18 to the County Attorney. 19 C. Shared parking. Shared parking is permitted for new development if the 20 applicant establishes that the peak parking demands for the new uses 21 clearly occur at different times. A shared parking agreement must be 22 recorded by a recordable covenant, lease, or other agreement, acceptable 23 to the County Attorney. Shared parking lots must be within 600 feet of each 24 use and may not be separated from the use by a street right -of -way or 25 easement exceeding 60 feet in width. 26 d. On- street parking. Where on- street parking exists or is permitted, a 27 development may count the spaces directly along the site's frontage toward 28 the minimum parking requirement, however the on- street parking spaces 29 are considered public spaces and are not for the exclusive use of the 30 adjacent use. On- street parking on local streets requires an agreement with 31 the County to use the public right -of -way for parking and shall be designed 32 in accordance with Section 4.02.16 E.3, and must be reviewed and 33 approved by the Bayshore /Gateway Triangle Redevelopment Agency. 34 35 36 37 38 39 40 4.02.16 D. 4. On- street parking. Where on- street parking exists or is permitted, a development may count the spaces directly along the site's frontage toward the minimum parking requirement, however the on- street parking spaces are considered public spaces and are not for the exclusive use of the adjacent use. On- street parking on local streets Drive requires an agreement with the county to use the public right -of -way for parking and shall be designed in accordance with Section 4.02.16 E.3. °^^'° ^r nmr lie! nark;"~ depiGted on BMUD FffigUFe 1) is permissible based on the lent plan as appFGved e. Tree preservation. The minimum number of spaces required may be adjusted by the County Manager or designee when it has been determined that the reduction is necessary to preserve a healthy tree or trees (with a twelve inch or greater diameter at breast height) from being damaged or removed, and where the site plan provides for the retention of said tree or trees. 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 f. Connectivity: Parking lots are encouraged to connect to adjacent lots through the use of a joint access easement. If a joint access easement is provided for connectivity, then the minimum parking requirement for the use may be reduced by ten (10) percent. i Alley or Joint Access Easement ! I I 1 I Shared Parking I I I I I I© 1 I I I 1 I I I L._._ ._._._._._._._._._.L._._._._._. Street Front Yard is Side Yard 0 Rear Yard 3. On- Street Parking va a. On- street parking is permitted on all local streets subject to an agreement with the county to use the public right -of -way for parking. 4.02.16 D. 4. On- street parking is permitted on all local streets eXGlUdiRg Baysh ^r° [Drive requiFes subject to an agreement with the county to use the public right -of -way for parking. as appreved by the r„U Rty nn.,.,.,.,, F 9F desi Ree and built to G„H FIty standaFdG b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long, but is not required to be striped. For every five (5) on- street parking spaces provided a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing, shall be provided in addition to the pedestrian clear zone landscape requirement. The corners adjacent to the travel lane shall be angled at least 45 degrees away from perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each island shall be planted with hedges, groundcover and /or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. HE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4.02.38 K.2. b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long. For every 4 on- street parking spaces provided a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing, shall be provided in addition to the pedestrian clear zone landscape requirement. The corners adjacent to the travel lane shall be angled at least 45 degrees away from perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each island shall be planted with hedges, groundcover and /or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. C. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every eight 8) on- street parking spaces provided a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing, shall be provided in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and /or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 4.02.38 K.2. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every 4 on- street parking spaces provided a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing, shall be provided in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and /or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 4. Off - Street Parking Location: Off - street parking is encouraged to be located to the side or rear of the building in order to establish a pedestrian friendly environment. Parking in front of buildings abutting Bayshore Drive and Thomasson Drive in the BMUD and US 41, Davis Boulevard and Commercial Drive in the mini - triangle area of the GTMUD shall not exceed 50% of that building's parking requirements and shall be limited to a single -aisle double loaded parking lot. 4.02.16 D. (and 4.02.35 C.1.d.) 6. Off street parking is encouraged to be located to the side or rear of the buildin4 in order to establish a pedestrian friendly environment Parking in front of buildings abutting Bayshore and /or Thomasson Drive in the BMUD and US 41, Davis Boulevard and Commercial Drive in the mini - triangle area of the GTMUD shall not exceed-50% of that building's parking requirement and shall be limited to- a. The design shall be a single -aisle double - loaded parking lot. building. 5. Bicycle Parking: Bicycle parking shall be required as provided for in Section 4.05.08, except as provided below. a. Number of Required Spaces: The number of bicycle parking spaces shall be as provided for in Section 4.05.08 B. b. Location: Bicycle parking shall have direct access to the public right -of -way and located. 91 1 2 3 8 9 10 11 12 13 IPA Parking Structures: Required bicycle parking within a structure shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. On Site: Bicycle parking (not located within a parking structure) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways. Right -of -Way: Bicycle parking may be located in the public right -of- way with the approval of the Collier County Public Works and Transportation Departments. Shared Bicycle Parking: Where there is more than one building on a site, or parking is shared with an adjacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. 92 I G. Signage 2 Signage shall be permitted as allowed by Section 5.06.00, except as otherwise regulated 3 by this Section for specific uses. 4 5 H. Murals 6 7 Mural signs, as defined in section 5.06.00, that do not contain commercial content, 8 are allowed within this /these Subdistrict(s) without a sign permit, with the following 9 conditions: 10 i. Murals are only allowed on commercial, civic or institutional buildings. 11 ii. Building must be located within the Cultural Arts District <reference 12 map > boundary and cannot be located along U.S. 41. 13 iii. One (1) mural is allowed per building 14 ii. Murals are permitted on sections of buildings where there are no 15 windows or doors or where the mural will not interfere with the 16 building's architectural details. 17 iv. The mural cannot exceed 200 square feet unless specifically 18 approved by the CRA Advisory Board. 19 v. The mural shall not advertise the business within the subject building, 20 or any off -site commercial activity or business, through the use of text 21 or corporate logos and trademarks. 22 vi. The mural cannot be temporary in nature and the building owner must 23 commit to maintaining the mural. 24 iv. Review and approval from the CRA Advisory Board is required to 25 ensure the mural complies with the conditions above and that the 26 artwork complements the design of the building in color, shape, and 27 location. 28 29 30 I. Nonconforming Provisions 31 The purpose of this section is to supplement the provisions of Section 9.03.00 of the LDC 32 and regulate and limit the continued existence of nonconforming lots, uses, structures and 33 features in the Bayshore Gateway Triangle CRA while allowing opportunities for 34 appropriate redevelopment and reinvestment. The provisions of this section are intended 35 and designed to bring about the eventual elimination of nonconformities and /or lessen their 36 impact upon surrounding conforming uses, while providing flexibility for the reuse of 37 existing lots and structures that contain nonconforming features without requiring 38 unreasonable expenses to bring the property fully into compliance with this code. These 39 nonconforming provisions apply to all of the Bayshore Mixed Use and Gateway Triangle 40 Mixed Use District, except for the mini- triangle portion of the Gateway Triangle Mixed Use 41 Overlay, which will be governed by Section 9.03.00 of the LDC. 93 2.03.07 1.2. (and 2.03.07 N.2.) e. ZORiRg .diStFiGts shall he in aGGGFdaAGe with seGtiOR 9.03.00, of the i nr 2 1. Nonconforming Lots 3 a. Nonconforming lots are subject to the provisions of Section 9.03.03 A. 4 5 2. Nonconforming Uses 6 a. Nonconforming uses of land, structures or waters shall be subject to the 7 provisions of Section 9.03.02. 8 3. Nonconforming Structures 9 a. A nonconforming principal structure may continue only in accordance with 10 the provisions of this Section. 11 b. Normal repair and maintenance may be performed to allow the continuation 12 of a nonconforming structure. 13 C. A nonconforming structure may not be enlarged or altered in any way which 14 increases its nonconformity, except that the replacement of nonconforming 15 residential structures may be permitted in accordance with section 9.03.03 16 B.4. 17 d. Replacement of a nonconforming structure that is damaged or destroyed by 18 any means to an extent of more than fifty (50) percent of its actual 19 replacement cost at the time of destruction, as determined by a cost 20 estimate submitted to the site development review director, may be rebuilt 21 after issuance of a permit subject to the following standards: 22 i. A building permit must be applied for no later than 180 days from the 23 date of the destruction; 24 ii. If possible, the structure shall be rebuilt on the same lot and meet all 25 subdistrict and building type requirements. 26 iii. If the structure cannot be rebuilt at the same size (ground floor area) 27 in accordance with the minimum standards of the subdistrict in which 28 it is located then it shall be placed on the lot in a manner that 29 minimizes the nonconformities, and in no case shall it be rebuilt in a 30 manner that increases its nonconformity. 31 iv. The reconstruction of a nonconforming non - residential structure at 32 the same or smaller size shall require the installation of sufficient 33 parking, landscaping and buffering in accordance with the provisions 34 of Section 4.02.16. 35 e. A nonconforming structure may establish a new use that is permitted by the 36 underlying zoning or overlay subdistrict designation in which it is located, 37 provided that all other requirements of this section are met. The 38 establishment of a new use in an existing structure shall not require 39 improvements to other site related nonconformities unless the County 40 Manager or designee determines that existing site related conditions create 41 an unsafe condition. 42 4. Nonconforming Features 94 I a. Site related nonconformities, including stormwater management facilities, 2 landscaping, open space, native vegetation, conservation areas, buffers and 3 preserves, on- or off -site parking, vehicle stacking, driveway locations, 4 throat lengths or non - structural architectural design standards shall be 5 brought into compliance with requirements of the applicable design 6 standards for all redevelopment projects except as provided in this Section. 7 b. The following types of redevelopment projects may be permitted without 8 bringing all site related nonconformities into compliance. 9 i. Improvements to an existing developed site, including interior 10 renovations, where the total value of the proposed improvements is 11 less than 50 percent of the total replacement value of the structures 12 and site improvements on the lot existing at the time of improvement. 13 The replacement value shall be calculated by a Florida licensed 14 property appraiser. Replacement value shall not include the 15 following: 16 a) costs to bring structure(s) into compliance with the most 17 recent building code, unless there is a change in occupancy 18 type; 19 b) costs to bring the structure(s) into compliance with the most 20 recent flood proofing standards, 21 c) costs associated with improved energy efficiency measures, 22 such as high efficiency windows, solar panels, green roofs. 23 ii. Existing structures may establish a new use that is allowed in the 24 underlying zoning district or overlay subdistrict in which it is located, 25 including the reestablishment of a use that has discontinued as 26 defined in Section 9.03.02 F.1, provided the new use does not 27 increase the number of parking spaces by more than 25 percent or 28 increase the required buffer width and /or type from the previous use. 29 iii. If the County Manager or designee determines that existing 30 nonconforming features create an unsafe condition, then the 31 nonconforming features shall be remedied to the greatest extent 32 possible given the physical constraints on the property. 33 95 1 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle CRA 2 A. Mixed Use Project Approval Types. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Tip 23 24 25 26 27 28 29 30 31 32 33 n 34 35 Owners of property located in the Bayshore Gateway Triangle CRA designated as Neighborhood Commercial (BMUD -NC), Waterfront (BMUD -W), and Mixed Use (GTMUD- MXD) Subdistricts may submit an application for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate Subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this Section. 2.03.07 1.3. (and 2.03.07 N.3.) a. Owners of property located in the Bayshore Gateway Triangle CRA designated as Neighborhood Commercial (BMUD -NC),, and Waterfront (BMUD -W). and Mixed Use GTMUD -MXD) Subdistricts may submit an application petition the Beard ef Geunty GornmmssieR for a Mmixed U44se Pproject (MUP)- apprauat. The appliGatieR fe MUP approval shall allow for a mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate Subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this Section. aGknc)wledge that the owner shall not seek or Fequest, d the Geunty shall nGt thereafter n e t .. appFeve, any additional uses beyond these allowed in the f _9 _through f_ _3_ Zoning districts. The appliGatien shall be aGG9FApanied by a GonGeptual site plan demonstrating r•e li.. with the sriteri in eetinn 10.03.05.G. 1. Administrative Approval: a. MUPs may be approved administratively provided they meet the following conditions: i. The MUP complies with all site development standards as outlined in Chapter 4 of the LDC; ii. The MUP only includes permitted uses as outlined by the Table of Uses for the Subdistrict in which it is located; and iii. The MUP does not seek additional density through the Bonus Density Pool provisions of Section 10.02.15 C. b. Submittal Requirements: The application shall follow the applicable submittal requirements and procedures for Site Development and Site Improvement Plan submittal and review. 2. MUPs Requiring Public Hearing: a. MUPs that do not meet the thresholds for administrative approval may be approved by the Board of Zoning Appeals (BZA) through a public hearing process. b. Submittal Requirements: The application shall follow the applicable submittal requirements and procedures set forth in Section 10.08.00, for Conditional Use submittal and review. The application shall be accompanied by a conceptual site plan depicting the proposed mixed -use development and noting all requested deviations. In addition to the Conditional Use findings as set forth in Section 10.08.00 D., the following shall be considered: i. Whether or not the requested use or uses are consistent with and further the redevelopment goals and /or objectives of the Collier County Community Redevelopment Agency (CRA) for the 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Subdistrict(s) in which it is located. In addition to the typical staff analysis for land use petitions, the CCPC may also be guided by written or verbal input from CRA staff ii. Whether or not the proposed use or uses that are appropriate in terms of scale and /or size when considered in the context of the overall MUP and subdistrict. iii. Whether a requested deviation is (1) justified in that the subject code provision is not practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject code provision, in the context of the proposed mixed use project. The applicant shall provide an analysis CCPC may consider the existing conditions related to the need for the requested deviation or conversely, strict adherence to the subject code provision, in terms feasibility and /or need. iv. Whether or not the deviation will or may have a negative impact on public health safety and welfare. C. There shall be a public hearing before the BZA legally noticed and advertised pursuant to section 10.03.05.G. 2.03.07 1.3. (and 2.03.07 N.3.) b. There shall be a public hearing before the BZA BGG legally noticed and advertised pursuant to section 10.03.05.G. . d. After a Mixed Use Project has been approved by the BZA, the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the BZA and meeting the requirements of section 10.02.03 B.1. of this Code. The SDP may be submitted concurrent with the MUP application at the applicant's risk. 2.03.07 1.3. (and 2.03.07 N.3.) C. After GAGe a Mixed Use Project has been approved by the BZA6GG, the applicant shall submit a site development plan (SDP) consistent with-,4aase4-er+ the conceptual site plan approved by the BZABGG and meeting the requirements of section 10.02.03 B.1. of this Code. The SDP may be submitted concurrent with the MUP application at the applicant's risk. to the r o l n G I #„ n e7 e i e'p1 G t a d C i1ran T T1talrc cry rocnDivision with m- x Feview by the Division within 30 days of submittal. After the SDP has been appFeved4he appFGyed pFejeGt shall be identified on the GellieF Geunty Okla! zening atlas Fnap, Using the Fnap Rotation MUIR If a A.411-112 appFOYal expiFes, as set f9Fth below, the rRap notation shall he Femeyed ftem the 8ffiGializeRing atlas map. The bwden is eR the appliGant to submit an SDP app"Gatinp_in a timer # h to the Go + SDR t drr "' " °cr, cv o °c r° copvi i' v'° czv- mc- vvarnT varTCV crrvvrrmrcnc w e. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: The SDP is not submitted and deemed sufficient for review within one year and approved within two years of MUP approval The SDP under review is deemed withdrawn and cancelled, pursuant to section 10.02.03.B.4.a. 97 1 2 4 5 lei iii. The SDP is considered no longer valid, pursuant to section 10.02.03. B.4. b. and c. 2.03.07 1.3. (and 2.03.07 N.3.) d. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: i. The SDP is not submitted and deemed sufficient for review within one year six menths and approved within two years of MUP approval by the BGG. N. The CIID .s Ret deemed Stiff nicnt fn. .revieiiv iivithiR 30 days of submittal iii. The SDP under review is deemed withdrawn and cancelled, pursuant to section 10.02.03.B.4.a. iv. The SDP is considered no longer valid, pursuant to section 10.02.03.B.4.b. and c. e. An approved MUP may be amended subject to the same procedures provided in this Section. 2.03.07 1.3. (and 2.03.07 N.3.) e. PFOpeFty shall be developed in compliaRGe with all pFeV!S*GRS ef the eveday and Gannet FeyeFt honk to the i ndedyinn z n dictrint 7 B. 8 9 10 11 n 12 13 14 15 16 17 18 19 20 MUP Deviations Authority. The County Manager or designee may grant administrative deviations for proposed developments requesting, or which have obtained, MUP approval from the following land development standards, providing such deviation requests demonstrate compliance with the applicable criteria. 2.03.07 I.S. (and 2.03.07 N.5.) a. Authority. The County Manager or designee may is ho.eby authorized to utilize this MUP grant administrative deviations for proposed developments requesting whiGh have obtained a MUP approval from the followin landand development standards, providing such deviation requests demonstrate compliance with the applicable Ro Fd of Ge my GemmissieneFS from the following eligible land development standards that Fneet their iatea criteria. 2. List of Development Standards Eligible for Administrative Deviation Requests. MUPs shall be eligible to seek an administrative deviation from the following Code provisions: 2.03.07 1.5. (and 2.03.07 N.5.) b. ^ pp#GabW List of Development Standards Eligible for deviation requests and AsSeGiate GriteFia At the time of SDP nre.otion an MUPs shall be eligible to seek an administrative deviation from the following Code provisions that may apply: a. Front Setback. These deviation requests shall be subject to the process and procedures of Sec. 5.05.08. F. 1. — 3. Deviations and Alternative Compliance, except that in order to be eligible for an administrative 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 deviation the site shall meet at least one of the following conditions or circumstances: 2.03.07 1.5.b. (and 2.03.07 N.5.b.) 4.92.19,4. r. hie 4!.Front Setbacks ('Rd ding build to line\ a) These deviation requests shall be subject to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative Compliance, except that in order to be eligible for an administrative deviation the site shall meet at least one of the following conditions or circumstances: a) If constructed where otherwise required, the building(s) or structure(s) would conflict with regulatory standards for existing public utilities or encroach into an associated public utility easement, which cannot reasonably be relocated or vacated based on physical or legal restrictions, as applicable. i) If constructed where otherwise required, the building(s) or structure(s) would conflict with regulatory standards for existing public utilities or encroach into an associated public utility easement, which cannot reasonably be relocated or vacated based on physical or legal restrictions, as applicable. b) The property has a unique or challenging parcel shape or boundary, such as a narrow lot frontage on the public street. ii) The vropertv has a PaFGel GenfiguFatiens of unique or challenging parcel shape or boundary.-geeme#-such as a narrow lot frontage on the public street. define r! by a Fatie of e e + f +e f 0.0045 .J c.' h is7 Yehie, Ia and M e. ede+riaR r• ulatier. pathways at f 11 0-0A f th ii. In order to administratively approve a front setback deviation, the proposed design shall create a connective and walkable environment by demonstrating a comparable relationship between proposed alternative building(s) location(s) and their associated pedestrian and vehicular pathways, and associated parking facilities and transit alternatives. b) In order €er the Genditi o.,s m; QQ,;, ta;,Ges under b), immediately-abeve, to administratively approve a front setback deviation ,the Proposed designfelle,.,*Rg ,.ri+e.ie shall al se he R; +: the -- Proposed al +e. tiye hall deFn.. nom+ + I' ' +h the + f theCGl11aC1VG—j11II 11 GGI11011 c1 acG 00111p 11 C[IIGG Y ICII CIfG II ICGIICViZTTra create a connective and walk -able environment by demonstrating a comparable relationship between proposed alternative building(s) location(s) and their associated pedestrian and vehicular pathways, and - associated parking facilities, and transit alternatives. b. Architectural and Site Design Standards. These deviation requests shall be subject to the process and procedures of Sec. 5.05.08. F. 1. — 3. Deviations and Alternative Compliance: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2.03.07 1.5.b. (and 2.03.07 N-6-b-) ii. Architectural and Site Design Standards. Building and ^. ^h;+^ ^f, Fal standaFdG aG SpeGified belGw—These deviation requests shall be subject to the process and procedures of Section- 5.05.08. F.1. through 3. Deviations and Alternative Compliance: C. Landscape and Buffer Requirements. The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the process and procedures of Section 5.05.08. F. 1. — 3. Deviations and Alternative Compliance. 2.03.07 1.5.b. (and 2.03.07 N.6-b-) iii. 4.02.16.F. Landscape and Buffer Requirements; ai;d, 4.96 .99 L .,, dS , , 4q Q„re iRg ^R Vegetation °^*^^+i^^ as appliGable The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the process and procedures of Section 5.05.08. F.1. through 3. Deviations and Alternative Compliance; ^ 110,04 of the epen spaGe Fequ.FeFnentfGF Mixed Use AeGes6aFy. d. Parking Standards. These deviation requests shall be subject to the process and procedures of Section 4.05.04. F.2. 2.03.07 1.5.b. (and 2.03.07 N.5-b-) vi. 4.02.16.D. Parking Standards. These deviation requests shall be subject to the process and procedures of Section 4.05.04. F.2. 3. In order to provide for maximum flexibility, an applicant may request a deviation in addition to the administrative deviations specifically identified in Section 10.02.15 5.b as part of a MUP Public Hearing process. Requests to deviate from code provisions where compliance is not practical, feasible, desirable, or warranted in a mixed use project shall include a written justification for any such deviation. The review of these deviations shall be guided by the following considerations: a. Whether a requested deviation is (1) justified in that the subject code provision is either not practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject code provision, in the context of the proposed mixed use project. The application shall provide an analysis of existing conditions and the impact of either the requested deviation or strict adherence to the subject code provision, in terms feasibility and /or need. b. Whether or not the deviation will or may have a negative impact on public health safety and welfare. 4. Effect of Denial. Staff denial of any such requested deviation may be appealed under the provisions of section 250 -58 of the Collier County Code of Laws and Ordinances. 100 2.03.07 1.5.b. (and 2.03.07 N.5.b.) V. Effect of Denial. Staff denial of any such requested deviation may be appealed designee shall be made sGfely under the provisions of section 250 -58 of the Collier County Code of Laws and Ordinances. 2 C. Bonus Density Pool Allocation 3 Under the Collier County Future Land Use Element, 388 bonus density units are available 4 for reallocation within the Bayshore /Gateway Triangle Redevelopment Overlay. The 5 County Manager or designee will track the Bonus Density Pool balance as the units are 6 used. These 388 bonus density units may be allocated between the BMUD and GTMUD 7 overlays, and shall only be allocated through the MUP public hearing approval process. 8 To qualify for up to 12 dwelling units per acre, projects shall comply with the following 9 criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus 10 density pool has been depleted. 11 12 13 14 15 16 17 18 19 20 21 2.03.07 I. (and 2.03.07 N.) 4. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, 388 bonus density units are available for reallocation within the Bayshore /Gateway Triangle Redevelopment Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These 388 bonus density units may be allocated between this the BMUD and GTMUD overlays -and the Gateway T- FiaRgle Mixed Use Gveda Di Ql, and shall only be allocated through the MUP approval process. To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. a. The project shall be within the Neighborhood Commercial (BMUD -NC), Waterfront BMUC -W), or Commercial Mixed Use (GTMUD -MXD) Subdistricts, and shall be a mixed use project. 2.03.07 1.4. (and 2.03.07 N.4.) a. The project shall be within either the Neighborhood Commercial (BMUD -NC), 6F Waterfront BMUD -W), or Commercial Mixed Use (GTMUD -MXD) Subdistricts, and shall be a mixed use project mix Of seme}eFGial and Fesidential -uses as feFth in Il ^ above b. Base density shall be as per the underlying zoning district. The maximum density of 12 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the 12 unit maximum being sought. The difference in units per acre determines the bonus density allocation requested for the project. b. Base density shall be as per the underlying zoning district. The maximum density of 12 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the 12 unit maximum being sought. The difference in units per acre determines the bonus density allocation requested for the project. 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 n n C. For proposed projects, only the Affordable Housing Density Bonus, as provided in the Density Rating System, is allowed in addition to the eligible bonus density units provided herein as the entire BMUD is within the Coastal High Hazard Area CHHA). C. For proposed projects, only the Affordable Housing Density Bonus, as provided in the Density Rating System, is allowed in addition to the eligible bonus density units provided herein as the entire BMUD is within the Coastal High Hazard Area (CHHA). d. The project shall comply with the standards for mixed use development set forth in Section 4.02.16 C.8. d. The project shall comply with the standards for mixed use development set forth in Section 4.02.16 C.5.ihe Bayshere Mixed Use GveAw Ili & +r;cf_ e. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. e. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 102 1 2 4 5 6 8 9 10 11 12 13 14 15 16 17 Text underlined is new text to be added. Tpx4 strikethFough ' GUFFenttexl to hp .delPterl Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Ray Bellows, Zoning Manager DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 2.03.08 Fringe Zoning District CHANGE: There is a typo in the section. The word "from" needs to be added to 2.03.08 B.1. REASON: Scrivener's error FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services on October 27, 2011. Amend the LDC as follows: 2.03.08 Rural Fringe Zoning Districts B. Natural resource protection area overlay district (NRPA). 1. Purpose and intent. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large,, connected,' intact, and relatively unfragmented habitats, which may be important for these', listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPA,& may include major wetland systems and regional flow -ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\2 03 08 Fringe Zoning District scriveners error 032212.docx 3/23/2012 9:18 AM Text underlined is new text to be added. T 4 'L th h is eet text to be dew Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division — Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Land Development Services Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.05.02 Exemptions from Requirements 'of Vegetation Protection and Preservation CHANGE: Correct scriveners' error in 3.05.02 D. REASON: An error was found in subsection: 3.05.02 D of the LDC., As, written, the subsection is inconsistent with the exemption creating it GinMP Conservation and Coastal Management Element (CCME) Policy 6.1.6. CCME Policy 6. L6 states the following: II)(III)(VI) Policy 6.1.6: [re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 Exemptions from the native vegetation r requirements of Policy 61.2 shall not apl Existing use shall be defined as.: those use June 19, 2002; or, projects for which a Cc County prior to June 19, 2002; or, land submitted prior to June 19, 2002. The co ntion requirements of CCME Policy 61.2 — The to, affect or limit the,, continuation of existing uses. or which all required permits were issued prior to tional Use or Rezone petition was approved by the 91: petitions for which a completed application was luation of existing uses shall include expansions of those uses if such expansions are consistent with, or 'clearly ancillary to, the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent.,,with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in' Section 25, Township 26 E, Range 49 S ( +1-360 acres), the native vegetation retention and 'site preservation requirements may be reduced to 50% if the permitted uses are restricted to `the portions of the property that are contiguous to the existing landfill operations; exotic removal will be required on the entire +/- 360 acres. " CCME Policy 6.1.6 exempts pre- existing uses in the Rural Fringe Mixed Use District ( RFMUD), with approved development orders or submitted applications for development orders approved or submitted prior to June 19, 2002, from the native vegetation retention requirements for the RFMUD. As written, the LDC subsection does not exempt these pre- existing uses, from the native vegetation retention requirements for the RFMUD (subsection 3.05.07 Q. Miss lettering shows them instead exempt from the following LDC sections and subsections. 3.05.07 F (Wetland preservation and conservation) 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC - LDR LDC Amendments to Review 120611 \From Stephen 120811 \3 05 02 D Exemptions from Regs_Native Vegetation Exception—scriveners error 1208SL.docx Text underlined is new text to be added Te)d StF keth M is t t Bold text indicates a defined term 3.05.07 G (Natural reservation protection and conservation) 3.05.07 H (Preservation standards) 3.05.08 (Requirement for removal of prohibited exotic vegetation) 3.05.09 (Designation of specimen tree) Grammatical correction FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GMP CCME Policies 6.1.2 and 6.1.6. GROWTH MANAGEMENT PLAN IMPACT: The proposed amendment is a correction to implement the requirements of CCME Policy 6.1.6. OTHER NOTESNERSION DATE: Created September 21, 2011. Amended December 8, 2011 Amend the LDC as follows: 1 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation2 3 A. NBMO exemption. Development in NBMO Receiving' Lands are exempt from the4provisionsofthissection. 5 B. Seminole and Miccosukee tribe exception. In accordance with § 581.187, F.S., 6 vegetation removal permitsi, shall not be required for members of either the Seminole7TribeofFloridaortheMiccosukeeTribe' of Florida Indians, subject to the following8conditions. Said permit exemption shall be for the sole purpose of harvesting select9vegetation, including, but not limited to, palm fronds and cypress, for use in chickee but10construction, or for cultural or religious purposes Tribal member identification and written11permissionfromthepropertyownermustbeinpossessionatthetimeofvegetation12removal. This exemption shall' not apply to general land clearing, or to agricultural land13clearing, including silviculture. 14 C. Agricultural exemption. Agricultural operations that fall within the scope of sections15163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section163.05.03 through 3.05.09, provided that any new clearing of land for agriculture outside of17theRLSADistrictshallnotbeconvertedtonon - agricultural development for 25 years, 18 unless the applicable provisions set forth in section 3.05.04 through 3.05.07 G. are19adheredtoatthetimeoftheconversion. The percentage of native vegetation preserved20shallbecalculatedontheamountofvegetationoccurringatthetimeoftheagricultural21clearing, and if found to be deficient, a native plant community shall be restored to re- 22 create a native plant community in all three strata (ground covers, shrubs and trees), 23 utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. 24 D. Pre-existing ses. Ex mptiGRS from the The requirements of subsection 5.07gp.uv v rrvrrr r-rc 'Z II C, 1170 25 through 3 L55 3.05.07 C shall not apply to, affect or limit the continuation of uses26withintheRFMUDwhichexistedpriortoJune19, 2002. No changes in location of 27 preserves shall be required for projects identified by this exemption 28 1. Such existing uses shall include: those uses for which all required permits were29issuedpriortoJune192002; or projects for which a conditional use or Rezone 2 I:\LDC Amendment 2012 Cycle 1 Wmendment Revisions \DSAC \DSAC Subcomittee \DSAC - LDR LDC Amendments to Review120611 \From Stephen 120811 \3 05 02 D Exemptions from Regs_Native Vegetation Exception—scriveners error 1208SL.docx Text underlined is new text to be added. Te)d t 'L th h 06 nt te)d to he deleted Bold text indicates a defined term 1 petition has been approved by the County prior to June 19, 2002; or, land use 2 petitions for which a completed application has been submitted and which have 3 been determined to be vested from the requirements of the Final Order prior to 4 June 19, 2002. The continuation of existing uses shall include expansions of 5 those uses if such expansions are consistent with or clearly ancillary to the 6 existing uses. 7 2. Such previously approved development shall be deemed to be consistent with 8 the GMP Goals, Policies and Objectives for the RFMU district, and they may be 9 built out in accordance with their previously approved plans. Changes to these 10 previous approvals shall also be deemed to be consistent with the GMP Goals, 11 Objectives and Policies for the RFMU district as long as they do not result in an 12 increase in development density or intensity. 13 E. Exempt mangrove alteration projects. Mangrove alteration projects that are exempted 14 from Florida Department of Environmental Protection permit requirements by Florida 15 Administrative Code 17- 321.060 are exempt.l.from preservation standards for the 16 mangrove trees, unless they are a part of a preserve. This exemption shall not apply to 17 mangrove alterations or removal in any, preserve or in any, area where the mangroves 18 have been retained in satisfaction of 'section 3.05.07. The Collier County Environmental 19 Advisory Council (EAC) may grant a variance to the provisions,, of this section if 20 compliance with the mangrove tree preservation standards of this Division would impose 21 a unique and unnecessary , hardship on the owner or any other person in control of 22 affected property. Mangrove,l,tnmming or removal,for a view shall not be considered a 23 hardship. Relief shall be granted only upon demonstration by the landowner or affected 24 party that such hardship is peculiar to the affected property and not self- imposed, and 25 that the grant of a variance will be consistent with the intent of this division and the 26 growth management plan, 27 F. Except for lots on undeveloped coastal barrier, islands, and any project proposing to alter 28 mangrove trees, a vegetation removal permit for clearing 1 acre or less of land is not 29 required for the removal of protected vegetation, other than a specimen tree on a parcel 30 of land zoned residential, -RSF; VR, A or E, or other nonagricultural, non - sending lands, 31 non -NRPA' noncommercial zoning _districts in which single - family lots have been 32 subdivided for single - family use only, where the following conditions have been met: 33 1. A building permit has been issued for the permitted principal structure (the 34 building permit serves as the clearing permit); or 35 2. The permitted principa[ structure has been constructed, and the property owner 36 or authorized agent is conducting the removal, and the total area that will be 37 cleared on site doe's not exceed on acre. 38 3. All needed environmental permits or management plans have been obtained 39 from the appropriate local, state and federal agencies. These permits may 40 include but are not limited to permits for wetland impacts or for listed species 41 protection. 42 4. Where greater vegetation protection is required in the Rural Fringe Mixed Use 43 District, a higher native vegetation protection requirement may not allow for the 44 full one acre of clearing. 45 G. A vegetation removal permit is not required for the following situations: 46 1. Removal of protected vegetation other than a specimen tree, when a site plan 47 and vegetation protection plans have been reviewed and approved by the County 48 Manager or designee as part of the final development order. 49 2. Removal of protected vegetation from the property of a Florida licensed tree 50 farm /nursery, where such vegetation is intended for sale in the ordinary course of 51 the licensee's business and was planted for the described purpose. 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC - LDR LDC Amendments to Review 120611 \From Stephen 120811 \3 05 02 D Exemptions from Regs_Native Vegetation Exception—scriveners error 1208SL.docx Text underlined is new text to be added Tr)d,;trikpt FOUgh 46 GUFFent « d« be « Bold text indicates a defined term13. Removal of protected vegetation, other than a specimen tree, by a Florida2licensedlandsurveyorintheperformanceofhis /her duties, provided such3removalisforindividualtreeswithinaswaththatislessthanthree (3) feet in4width. 5 4. Removal of protected vegetation prior to building permit issuance if the6conditionssetforthinsection4.06.04 A.1. 7 5. Hand removal of prohibited exotic vegetation. Mechanical clearing of8prohibitedexoticvegetationshallrequireavegetationremovalpermit. 9 Mechanical clearing is defined as clearing that would impact or disturb the soil or10sub -soil layers or disturb the root systems of plants below the ground. 11 6. After a right -of -way for an electrical transmission line or public utility distribution12linehasbeenestablishedandconstructed, a local government may not require13anyclearingpermitsforvegetationremoval;' maintenance, tree pruning or14trimmingwithintheestablishedandconstructedright -of -way. Trimming and15pruningshallbeinaccordancewithsubsection'4.06.05 J.1. of the Code. All 16 needed environmental permits must be obtaine& rom the appropriate agencies17andmanagementplansmustcomplywithagencyregulationsandguidelines. 18 These may include but are 11, not' limited to permits for wetland impacts and19managementplansforlistedspeciesprotection. 20 7. After a publicly owned road right -of -way ha's' been legally secured, a local 21 government may not require any, clearing permits for vegetation removal, 22 maintenance, tree pruning o,r trimming within the established road right -of -way. 23 Trimming and pruning shall be in accordance with subsection 4.06.05 J.1. of the24Code. All needed environmental permits or management plans have been 25 "'' obtained from the appropriate local, tate and federal agencies. These permits26mayincludebutarenotlimitedtopermitsforwetlandimpactsorforlisted27speciesprotection. 28 (Ord. N6'. 05 -27, § 3'k; Ord. No: 06 -63, § 3.N) 29 4 LTDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC - LDR LDC Amendments to Review120611 \From Stephen 120811 \3 05 02 D Exemptions from Regs_Native Vegetation Exception scriveners error 1208SL.docx Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division — Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 3.05.05 Criteria for Removal of Protected Vegetation CHANGE: Revised exemption and permitting requirements for mangroves, for consistency with State law. REASON: Under Section 403.9321, FS et seq, the County may not regulate trimming and alteration per Section 403.9324, FS, unless permitting has been delegated to the County from the State. The intent of the Mangrove Trimming ' and Preservation Act does not appear to cover removal and destruction, unless it occurs , as a result of trimming Therefore the County can regulate removal of mangroves. The proposed LDC 'amendment was drafted with help from staff from the County Attorney Office. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to the County as trimming of mangroves is currently regulated by the State of Florida. The County cannot regulate trimming of mangroves unless permitting has been delegated to the County by the State. RELATED CODES OR REGULATIONS: None affected GROWTH MANAGEMENT PLAN IMPACT: The proposed LDC amendment will have no impact on the GMP. ADVISORY BOARD RECOMMENDATIONS: DSAC: Recommends the following changes: 1.) Clarify if the term "Mangrove Trimming should be capitalized. 2.) Can the term "Mangrove Trimming" be defined or a couple of sentences of explanation? 3.) The addition of the words "remove or destroy" in the first sentences of subsection 3.05.02 F is not consistent with the rest of the section and perhaps should be connected to the definition of Mangrove Trimming. 4.) Amend the first sentence to read: Unless statutorily exempt, a DEP permit has been issued for mangrove trimming or alteration in accordance with Mangrove Trimming and Preservation Act Sections 403 9321 through 403.9333, Florida Statutes ell} aligt T".mffl "T "et." 5.) Clarify the word "alteration" in the first sentence of 3.05.05 G. 6.) Amend the 1 LTDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 E & 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 121611 SL CC 2012- 3- 12.docx 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Text underlined is new text to be added Bold text indicates a defined term second sentence to read: "Mangrove removal or destruction is prohibited in all preserves or areas used to fulfill the native vegetation retention requirements of the County, unless authorized by variance of Etfsianee '' th IG authorized to be removed " EAC: Approved OTHER NOTESNERSION DATE: November 23, 2011. Amended December 16, 2011, Edited March 12, 2012 Amend the LDC as follows: 3.05.02 Exemptions from Requirements for Vegetation„ Protection and Preservation E. F cci ii t mnnr rr vr -PI #r Ptic,n Mangrove Trimmina that is exclusively governed by the State pursuant to Section 403.9324 FS' F. Except'for lots on undeveloped coastali barrier islands, and any project proposing to a4ef esremoveordestroymangrovetre, a vegetation removal permit for clearing 1 acre orlessoflandisnotrequiredfortheremovalofprotectedvegetation, other than a specimen tree on a parcel of land zoned residential, -RSF, VR, A or E, or other nonagricultural, non - sending lands,''non -NRPA, noncommercial zoning districts in which single - family lots have been subdivided for single - family use only, where the followingconditionshavebeenmet:'' 1. A building, permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or 2. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed on acre. 3. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. 4. Where greater vegetation protection is required in the Rural Fringe Mixed Use District, a higher native vegetation protection requirement may not allow for the full one acre of clearing. 2 LIDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 E & 3 05 05 Exemps from Reqs forVeg_Mangrove Permit 121611 SL CC 2012- 3- 12.docx 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Text underlined is new text to be added. TP)4 -;tFikPthF9Ugh is SUFFent text to be deleted. Bold text indicates a defined term 3.05.05 Criteria for Removal of Protected Vegetation The County Manager or designee may approve an application for vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this section. In addition, a vegetation removal permit may be issued under the following conditions: G. K L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 E & 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 121611 SL CC 2012- 3- 12.docx Text underlined is new text to be added. T d : 'L th h ' GUFrent te)d to he deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division — Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.05.02 G Exemptions fiom Requirements for Vegetation 3.05.05 Criteria for Removal of Protected Vegetation A V t t' Protection vation 4.06.04 Trees an ege a ion 10.01.02 Development Orders Required CHANGE: Restructuring of 4.06.04 for clarification Changes to re- vegetation requirements Allow Site Improvement Plans (SIPs) t6, qualify for Early Clearing, and Vegetation Removal andp Site Filling. Remove 50 acre per application restriction on,,lot preparation. Eliminate requirements for removal of stockpiles after 18 months. Change bond amounts for Early Work Authorizations (EWA) Allow more time to obtain, approval of an SDP, SIP or PPL, once the EWA is issued. Also allow applicantsi to request another EWA if more time is needed. Grammatical correction Corrections /revisions, to LDC citations and scrivener's errors Amend related sections a' S needed Add exclusion for Golden Gate Estates subdivision REASON: The Vegetation Removal and Site Fill Permit ( VRSFP) subsection of the LDC 4.06.04) is confusing and difficult to follow. It currently allows for the issuance of VRSFPs once a subdivision is approved, with no limit on the number of VRSFPs that may be issued for a subdivision or approved phase of a subdivision. Issuance of a VRSFP is currently based on the amount of native vegetation to be cleared (up to 100 acres per application) and on the previous approval for clearing and filling "nearing capacity ". Currently, when native vegetation is cleared, the area used to prepare lots may not exceed 50 acres. No limitation on clearing and filling exists 1: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria for Removal of Protd Veg_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx Text underlined is new text to be added Te)d stso +ti. „ rih «« y Bold text indicates a defined termforpreviouslyclearedareas, or in areas without native vegetation according to the definition ofnativevegetationintheLDCandGMP. The downturn in the economy has brought a concern regarding the requirement for removal ofstockpilesinplaceformorethan18months. Requirements for re- vegetation, once stockpiles are removed, also need to be addressed. Currently the LDC requires these areas to be re- vegetated to mimic nearby ecosystems and does not take into account whether the areas are to be developedinthefutureornot. Rarely, if ever, are stockpiles placed in areas other than that for futuredevelopment. Provisions have been included in the proposed amendment to insure that stockpiles are not placed in areas used to satisfy the native vegetation requirements of the LDC and GMP. An, exclusion for the Golden Gate Estates has been added to address concerns raised by thecommunitywhensection4.06.04 was last amended. Although not included in the LDC at the time the section was amended, the provisions of 4.06 04''were not meant to apply to the GoldenGateEstatesandstaffhasneverappliedtheprovisionsofthissection'to this subdivision. FISCAL & OPERATIONAL IMPACTS: Allowing stockpiles to remain in place will eliminate the added expense of removing the fill from stockpiles and having to re- vegetate areasoncethefillisremoved. RELATED CODES OR REGULATIONS: Chapter 22 Article IV Excavation Section 22CodeofLawsandOrdinances. ' GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created November 8, 2011. Amended December 9, 2011, December 14, 2011, January 11, 2012, January 30, 2012, February 7, 2012 Amend the LDC as follows: 1 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation2 3 G. A vegetation removal permit is not required for the following situations: 4 1. Removal of protected vegetation other than a specimen tree, when a site plan5andvegetationprotectionplanshavebeenreviewedandapprovedbytheCounty6Managerordesigneeaspartofthefinaldevelopmentorder. 7 2. Removal of protected vegetation from the property of a Florida licensed tree8farm /nursery, where such vegetation is intended for sale in the ordinary course of9thelicensee's business and was planted for the described purpose. 10 3. Removal of protected vegetation, other than a specimen tree, by a Florida11licensedlandsurveyorintheperformanceofhis /her duties, provided such12removalisforindividualtreeswithinaswaththatislessthanthree (3) feet in13width. 14 4. Removal of protected vegetation prior to building permit issuance if the15conditionssetforthinsection4.06.04 A.a- 16 5. Hand removal of prohibited exotic vegetation. Mechanical clearing of prohibited17exoticvegetationshallrequireavegetationremovalpermit. Mechanical clearing 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria forRemovalofProtdVeg_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx Text underlined is new text to be added. Text i 'L th h is 3,UFFent te)d te be_deleted. Bold text indicates a defined term 1 is defined as clearing that would impact or disturb the soil or sub -soil layers or 2 disturb the root systems of plants below the ground. 3 6. After a right -of -way for an electrical transmission line or public utility distribution 4 line has been established and constructed, a local government may not require 5 any clearing permits for vegetation removal, maintenance, tree pruning or 6 trimming within the established and constructed right -of -way. Trimming and 7 pruning shall be in accordance with subsection 4.06.05 J.17 of the Code. All 8 needed environmental permits must be obtained from the appropriate agencies 9 and management plans must comply with agency regulations and guidelines. 10 These may include but are not limited to permits for wetland impacts and 11 management plans for listed species protection 12 7. After a publicly owned road right -of -way h'as been legally secured, a local 13 government may not require any clearing permits for vegetation removal, 14 maintenance, tree pruning or trimming within the established road right -of -way. 15 Trimming and pruning shall be in accordance with subsection 4.06.05 J.1- of the 16 Code. All needed environmental permits or management plans have been 17 obtained from the appropriate local, state and federal agencies. These permits 18 may include but are not limited, to permits for wetland impacts or for listed 19 species protection. 20 # # # # # # # # # # # # 21 3.05.05 Criteria for Removal of Protected Vegetation 22 The County Manager or designee may approve'an application for vegetation removal 23 permit if it is determined that reasonable efforts have been undertaken in the layout and 24 design of the proposed development to preserve existing vegetation and to otherwise 25 enhance the aesthetic appearance of the' development by the incorporation of existing 26 vegetation in the design process.' Relocation or replacement of vegetation may be 27 required as a: condition 6'the issuance of an' approval in accordance with the criteria set 28 forth in this section. In addition, a vegetation removal permit may be issued under the 29 following conditions: 31 32 PF33 34 _'O 'owed afteF the following aFe Gep4pk.' 35 36 easemeRts 37 38 plan, 39 40 41 eXiGavation, SpFeading fill, and gFading. That must be approved 42 43 ' the 44 45 t n 06 0 y 46 O Early clearing as part of a final review of an SDP SIP or PPL, in accordance with 47 Sections 4 06 04 and 10.01.02. The following criteria shall apply. 48 1 Final configuration of preserves is complete. 49 2 Conservation easements are complete and have been approved by the 50 County attorney's office. 51 3 The site clearing /preservation plan for the SDP SIP or PPL is approved. 3 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions \3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria for Removal of Protd Veg_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx Text underlined is new text to be added Bold text indicates a defined term14. All applicable Federal State and local permits have been submitted2 # # # # # # # # # # # # 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 4.06 .04 Trees and Vegetation Protection A. Vegetation Removal and Sete Filling: Gle of - a Vegetation _ Vegetati9R Removal -- In. A 04- PIURM -_ - - - pted R- - ss govemed by a. Permitted FeFneval E)f vegetatiGR or -Site filling with aR appFeved VegetatiGR eF Plat and GenstFuGtieR Plans .__, FesideRtial , nrnrnmmi I indllntOFnr PlaRS. GleaFing of individual k1I } ] -tronq lets bleekseF of lets may be The limits of eaGh E;IeaF!y delineated and separate StOGkpile rnue-t be the height, aFea, GFOSS Dust appeaF en the of T- The type of a etatieRtype - GTI.TCIL,7"'1--'TrT'7 OR the r- Fawinn dFawing r °fn d to the to h° °m rri Id t be Thy- soumeef the matelzi lake #) ffel: eanh stet dFawiing and the rvmnmn ate 4 SUGh as lake Pur ,i; nil° be indiGatedmust thee 4 f rr,nt °r' II } J° r Fi t I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria forRemovalofProtdVeg_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Bold text indicates a defined term b) Site Development Plans (SDPs) and Site !FnPFGVeFnent Plans /SIR& i -fr tr ,n4 ro mnrn"emnn4n and fnr building p+rl shall be appl:ev d eR the SDP OF SIP site Gle Residential SDPs. Clewing for the GGR6tFLlGt*en ir the infFaStFUGtUFe, „nh Fe ad Fights of way, and dFaiRage and utility easernent aFeas shall be L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria for Removal of Protd Veg_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx IIII OWN L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria for Removal of Protd Veg_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added Te)d StFil(ethFOUgh is GUFFentAp)d to be deleted-. Bold text indicates a defined term bond and in the amount Gf $5,000.00 peF aGFe nydstbe-pested- a) When fill is used to bFing building 10tS to desir seeder, trpFeve„ eFc3sien and exet•,. seed iRfestatiGn. b) All fill areas feF !Gts OF StOGkpiles must have eFOS;GR G-9RtFGI Silt feRGiRg-. aLaLUZ2 )UUUIV151UI1:r IP and PPL ClParir in ruu or protect, where the SDP SIP or PPL has been approved subiect to thefollowing: a. Clearincv and fillina of native vPrlPtatinn fnr rccir— +;^i _._ b. Clearing and filling in excess of 100 acres shall be allowed where land has been oreviously cleared or not defined as native vegetation in accordance with the definition for native vegetation in LDC and GMP C. Lots cleared must at minimum be filled to insure the stormwater management system will function as designed and to insure the health safety and welfare of the public Best Management Practices BMP) for erosion control shall be implemented and lots cleared must be stabilized with vegetation within six months If desired by the applicant lots may be Partially cleared to retain existing native vegetation d. The limits of each stockpile along with height and cross sections must be included on the approved plans for the SDP SIP or PPL Slopes shall not 6 IALDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisionsl3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria forRemovalofProtdVeg_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx Text underlined is new text to be added. Bold text indicates a defined term 1 be steeper than a ratio of 4:1 or as otherwise approved by the County 2 Manager or designee Such determination shall be based on the type of 3 material to be excavated and other information as provided by the 4 applicant. 5 e The limits of clearing shall be shown on site plans for the SDP, SIP or 6 PPL. 7 2 VRSFP Issuance of a VRSFP subject to the following: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 a Clearing and fillinq of individual single family lots where a completed buildina permit application has been submitted and deemed sufficient by 4 06 04 A 2 a b and c (above) a vegetation bond In the Torm OT a performance bond letter of credit or cash bond and in the amount of 5,000.00 per acre must be posted Bonds shall be released to the applicant on a prorated basis based upon issuance of buildinq permits or stabilization of fill. 4 BCC approval Deviations from the thresholds contained herein may be obtained from the BCC through PUD rezone or BCC approved VRSFP. The applicant must demonstrate to the Board through a schedule of development activities, that the protect will be completed in a reasonable amount of time so as to 7 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria for Removal of Protd Veg_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx Text underlined is new text to be added Bold text indicates a defined term1minimizenoisedustblastingtrafficandinconveniencetotheneighboringand2generalpublic. Except as explicitly exempted by the Board all other criteria in3Section4.06.04 shall apply. 4 # # # # # # # # # # # # # 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 10.01.02 Development Orders Required A. Development Order Required. No on -site or off -site development or development related activities, including site preparation or infrastructure construction, will be allowed prior to approval of the otherwise required development order or development permitincluding, but not limited to: SDP, SIP, Construction Drawings, or clearing permit S4' P, except where early work authorization has been approved'. B. Early Work Authorization (EWA). 1. An EWA permit may be approved by the County,, Manager, or designee, for 1 or more of the following activities: a. Vegetation removal (site clearing); b. Excavations; C. Site filling; d. Construction of stormwater management facilities limited to ponds, retention /detention areas, interconnection culverts, and swale systems; and, e. Off -site infrastructure. f. Construction of a perimeter landscape buffer, berm, wall, or fence. 2. The County may issue an EWA permit for,,;: the allowed activities, subject to demonstrated, compliance'with the following criteria.as applicable: a. The proposed vegetation removal complies'wth Section 3.05.05- 0 -; b. County right -of -way permit has been approved; C. A determination of native'vegetation to be retained for landscaping which would comply with Section 4.06.00; An excavation permit has been approved; A Soil and ! Erosion Control Plan demonstrating compliance with the proyisions of, Section 10.02.02 -C -; Copies of all approved Agency permits being submitted, including, but notlimited: to: SFWMD, ACOE, USFWS, and FFWCC; Determination of legal sufficiency of the EWA permit by the CountyAttornev's officP- yedetauon Dona in the torm of a performance bond letter of L Assurance that all underlying zoning approvals are in place (e.g. PUD, C.U., etc.); j The EWA permit is valid for 60 days with the possibility of 2—ea. 30 day two 60 -day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and Hydro- seeded. Where more time is needed a new EWA may be requested, k. The developer must clearly state his understanding that all such preliminary construction activities are at #is their own risk; 8 hLDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria forRemovalofProtdVe9_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx Text underlined is new text to be added. Fiketl;Feugh is GUFFent te)d to be deleted. Bold text indicates a defined term 1 1 w v 2 issued, and wiN be a part of that 18 menth time fFa e as set forth in 3 co,. +•„r n na nn o ., yoi - 4 # LTDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 G 1 -7 Exps from Regs_3 05 05 Criteria for Removal of Protd Veg_4 06 04 TreeVeg 10 01 02 Dev Orders 031212.docx Text underlined is new text to be added. TPA,;tFil(ethFeu9h ' Giffent te..t to be deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division — Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation CHANGE: Create an exemption from having to obtain vegetation removal permits for environmental restoration projects on publically owned land designated as parks, preserves, forests or mitigation areas. Cross reference in 3.05.02 G, the existing vegetation removal permit exemption in 3.05.07 H for implementation of preserve management plans. REASON: Eliminate the need to obtain'vegetation removal,; permits to implement environmental restoration projects on publically owned land designated as parks, preserves, forests or mitigation areas, and for preserves which have landmanagement practices for clearing identified in their preserve management plans. This will avoid duplicatio= age fort ' on the part of the County and make it less cumbersome!' for natural resource managers these lands. FISTS: & OPERATIONAL IMPACTS: According to the fee schedule approved by the BCC, fees for site clearing permits are $250.00 for the first acre or fraction of an acre and $50.00 for each additional acre or fraction of 'an acre, up to a $3,000.00 maximum fee for clearing. These fees' would be saved on the part of land, managers in not having to apply for clearingpermits. Time would be say: ed on the part of staff and applicants in the processing of these applications. RELATED CODES OR REGULATIONS: 3.05.07 H.Lg LDC (Preserve Management Plans) GROWTH MANAGEMENT PLAN IMPACT: The proposed amendment will have no affect on the GMP. ADVISORY BOARD RECOMMENDATIONS: DSAC: Approved EAC: Approved OTHER NOTESNERSION DATE: Created October 21, 2011. Amended December 8, 2011, February 16, 2012 Amend the LDC as follows: 1 hLDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 02 G 8 Exemptions from Regs_create an exemption_removal permits 031212.docx Text underlined is new text to be added. Text StFik old indicates a defined term 1 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation2 * 3 G. A vegetation removal permit is not required for the following situations: 4 1. Removal of protected vegetation other than a specimen tree, when a site plan5 and vegetation protection plans have been reviewed and approved by the County6Managerordesigneeaspartofthefinaldevelopmentorder. 7 2. Removal of protected vegetation from the property of a Florida licensed tree8farm /nursery, where such vegetation is intended for sale in the ordinary course of9thelicensee's business and was planted for the described purpose. 10 3. Removal of protected vegetation, other than 'a specimen tree, by a Florida11licensedlandsurveyorintheperformanceofhis /her duties, provided suchremovalisforindividualtreeswithinaswaththatislessthanthree (3) feet in13width. 14 4. Removal of protected vegetation15 ,prior to budding permit issuance if theconditionssetforthinsection4.06, 04 A.1. 16 5. Hand removal of prohibited exotic vegetation. Mechanical clearing of prohibited17 exotic vegetation shall requirea vegetation removal permit. Mechanical clearingis18definedasclearingthatwouldimpactordisturbthesoilorsub -soil layers or19disturbtherootsystemsofplantsbelowtheground. 20 6. After a right -of -way for an electrical transmission line or public utility distribution21linehasbeenestablishedandconstructed, a local government may not require22anyclearingpermitsforvegetationremoval, maintenance, tree pruning or23trimmingwithintheestablishedandconstructedright -of -way. Trimming and24pruningshallbeinaccordancewith' subsection 4.06.05 J.1. of the Code. All25neededenvironmentalpermitsmustbeobtainedfromthe26appropriateagenciesandmanagementplansmustcomplywith' agency regulations and guidelines. 27 These may include but are not limited to permits for wetland impacts and28managementplansforlistedspeciesprotection. 29 7. After a publicly owned road right -of -way has been legally secured, a local30governmentmaynotrequireanyclearingpermitsforvegetationremoval, 31 maintenance, tree pruning or trimming32 ' within the established road right -of -way. Trimming and pruning shall be in accordance with subsection 4.06.05 J.1. of the33Code. All needed environmental permits or management plans have been34obtainedfromtheappropriatelocal, state and federal agencies. These permits35mayincludebutarenotlimitedtopermitsforwetlandimpactsorforlisted36speciesprotection. 37 8. Vegetation removal for environmental restoration projects on publically owned38landdesignatedasparks, preserves forests or mitigation areas State and39Federalagencypermitsorapprovalsshallberequiredwhereaplicablepriorto40clearing. 41 9. Vegetation removal to implement Preserve Management Plans and firewise42safetyplansthatspecifylandmanagementpracticesforclearingforfuel43managementorfirelinesinaccordancewithnormalforestrypracticesandwhich44havebeenapprovedaspartofaPreserveManagementPlanpursuantto305.0745H. State and Federal agency permits or approvals shall be re uired where46applicable, prior to clearing 47 # # # # # # # # # # # # # 2 LIDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions \3 05 02 G 8 Exemptions from Regsexemption_removal permits 031212.docx _create an Text underlined is new text to be added. Temd 1 'L- th- h is GUFFent to d to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Collier Building Industry Association (CBIA) AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2011 -2012 LDC Amendment LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Allow archaeological or historical sites to be native vegetation retention requirement for the County. REASON: The GMP allows archaeological or his requirements mandated by development regulation; native vegetation. Where such sites ' d o not contain excavated by the BCC or the Collier County His criteria would need to be included in the aLDCto they were counted towards the minim Restoring these sites with 'native veg PUD rezone or by subsequent,, 4 Historical /Archaeolo'gical Preservatic towards the minimum to quality for any open space uld include areas of retained tation or are authorized to be laeological Preservation Board, these areas are to be restored, if lion requirement for the County. roved, by the BCC as part of a ved by the Collier County approvals are issued from the HAPB through a Certificate of Appropriateness. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will have little or no fiscal or, operational impact on the: County. Costs associated with management of preserves containing archaeological or historical sites should be similar to those without archaeological or historical sites. Additional cost may be incurred by applicants in having to restore archaeological or historical site's_which have been excavated. Allowing archaeological or historical sites to count towards the minimum native vegetation retention requirement will increase the amount of land available for development, if such sites were required to be preserved otherwise. RELATED CODES OR: REGULATIONS: 2.03.07 E (Historical and Archaeological Sites H)) LDC GROWTH MANAGEMENT PLAN IMPACT: The proposed LDC amendment is consistent with GMP CCME Policy 11.1.2 in that conservation of archaeological sites shall qualify for any open space requirements mandated by development regulations. Specifically Policy 11. 1.2 states the following. L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 07 H 1 e Preservation Stds_Archeological Site coverage SL 032212.docx Text underlined is new text to be added Text 7 Policy 11.1.2: Bold text indicates a defined term There shall be no loss of historic or archaeological resources on County -owned property andhistoricresourcesonprivatepropertyshallbeprotected, preserved or utilized in a manner thatwillallowtheircontinuedexistence. Conservation techniques shall include at a minimum: a. During the development permit review process, historic or archaeological sites shall beidentifiedandshownonthesiteplans; b. The County shall establish waivers for non - safety related set back requirements and site planning requirements in order to accommodate historic structures or historic sites within a proposed development; c. As an alternative to preserving archaeological sites, the Owner may allow excavation of the site by the State of Florida Division of Historic Resources or the approved alternate prior to development. Should a site !be,'' ''''scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of historic or archaeological sites; e. Archaeological sites that are to be preserved may be utilized to satisfy requiredsetbacks, buffer strips or open space up to the maximum area required bydevelopmentregulations. Conservation of such historic or archaeological sites shall qualify for any open space requirements mandated by development regulations. ADVISORY BOARDS RECOMMENDATIONS DSAC: Approved EAC: Approved OTHER NOTESNERSION DATE: October 27, 2011. Amended December 16, 2011, March22, 2012 Amend the LDC as follows: 1 3.05.07 Preservation Standards 2 3 H. Preserve sta'ndards.' 4 1. Design standards: 5 6 e. Created preserves. Although the primary intent of GMP CCME7Policy6.1.1 is to retain and protect existing native vegetation, 8 there are situations where the application of the retention9requirementsofthisPolicyisnotpossible. In these cases, 10 creation or restoration of vegetation to satisfy all or a portion of the11nativevegetationretentionrequirementsmaybeallowed. In12keepingwiththeintentofthispolicy, the preservation of native13vegetationoffsiteispreferableovercreationofpreserves. 14 Created Preserves shall be allowed for parcels that cannot15reasonablyaccommodateboththerequiredon -site preserve area16andtheproposedactivity. 17 i. Applicability. Criteria for determining when a parcel cannot18reasonablyaccommodateboththerequiredon -site19preserveareaandtheproposedactivityinclude: 20 (a) Where site elevations or conditions requires 2 I: \LDC Amendment 2012 Cycle 1Amendment Revisions\Author Revisions \3 05 07 H 1 e Preservation Stds_Archeological SitecoverageSL032212.docx Text underlined is new text to be added. Tek4 strikethrough IS GUFFent # v# to be deleted. Bold text indicates a defined term 1 placement or removal of fill thereby harming or 2 reducing the survivability of the native vegetation 3 in its existing locations; 4 (b) Where the existing vegetation required by this 5 policy is located where proposed site improvements 6 are to be located and such improvements cannot 7 be relocated as to protect the existing native 8 vegetation; g (c) To provide for flood plain compensation as 10 required by the LDC. 11 (d) When a State or Federal permit requires creation of 12 native habitat on,, 'site. The created preserve 13 acreage may, fulfill all or part of the native 14 vegetation,,li requirement when preserves are 15 planted,,, with' the appropriate strata; using the 16 critena ','set forth in Created Preserves. This 17 exception may be granted,, regardless of the size of 18 tie project. 19 (e) When small isolated areas (of less than 1/2 acre in 20 size) of native vegetation exist' on site. In cases 21 where retention of native vegetation results in 22 small isolatedJ,''areas of 1/2 acre or less, preserves 23 may be planted with all three strata; using the 24 criteria set forth in Created Preserves and shall be 25 created, adjacent existing native vegetation areas 2 6 on site or'; contiguous to preserves on adjacent 27 p,'roperties. This exception may be granted, 28 regardless of the size of the project. 29 (f) When an access point to a project cannot be 30 relocated. To comply with obligatory health and 31 safety mandates such as road alignments required 32 by i the ''.'State, preserves may be impacted and 33 created elsewhere on site. vid e for connections to on or off site349) To p ro 35 preserves. 36 (h) In the RFMU District where upland buffers 37 q Yreuiredb the LDC lack native vegetative 38 communities. 39 (i) Archeological /historical sites where such sites are BCC as art of a PUD rezone orauthorizedbthe40yp 41 by subsequent development order approved by 42 the Collier County Historical /Archaeological 43 Preservation Board (HAPB), to be planted with 44 native vegetation in accordance with the criteria 45 herein. 46 ii. Approved created preserves may be used to recreate: 47 a) not more than one acre of the required preserves if 48 the property has less than twenty acres of existing 49 native vegetation. 50 b) not more than two acres of the required preserves if 51 the property has equal to or greater than twenty 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 07 H 1 e Preservation Stds_Archeological Site coverage SL 032212.docx Text underlined is new text to be added Text stri ethFO gh t t t bea Bold text indicates a defined term1acresandlessthaneightyacresofexistingnative2vegetation. 3 c) not more than 10% of the required preserves if the4propertyhasequaltoorgreaterthaneightyacres5ofexistingnativevegetation. 6 iii. The minimum dimensions shall apply as set forth in73.05.07 H.1. b. 8 iv. All perimeter landscaping areas that are requested to be9approvedtofulfillthenativevegetationpreserve10requirementsshallbelabeledaspreservesandshall11complywithallpreservesetbacks. 12 V. Preparation of required planting plans for preserves. 13 Preserve planting plans shall be designed by an individual14withacademiccredentialsandexperienceintheareaof15environmentalsciencesornaturalresourcemanagement. 16 Academic credentials and experience shall be a bachelor's17orhigherdegreeinoneofthe" biological sciences with at18leasttwo' years of ecological or biological professional19experienceintheStateofFlorida. 20 vi. Planting requirements for created preserves. Soils21i.compatible wiffi the habitat to be created shall be used to221 create the preserve.'''' Where compatible soils are not23present, a minimum of'6 to 8 inches of compatible soil shall24beused. 25 Where created preserves are approved, the planting plan26shallre= create a native plant community in all three strata27 (ground cover, shrubs and trees), utilizing larger plant28materials :1,to more quickly re- create the lost mature29vegetation: Environments which do not normally contain all30threestratashallonlyberequiredtoplantthestratafound31inthehabitattobecreated. Plant material shall be planted32inamannerthatmimicsanaturalplantcommunityand33iishallnot6emaintainededaslandscaping. I n34p g. Such re- vegetation shall include the following minimum sizes: one35gallongroundcover; 7 gallon shrubs; canopy trees in the36followingsizes: 25 percent at 10 feet, 50 percent at 8 feet3and25percentat6feet. Spacing requirements for38calculatingthenumberofplantsshallbeasfollows: 20 to3930footoncenterfortreeswithasmallcanopy (less than4030feetmaturespread) and 40 to 50 foot on center for41treeswithalargecanopy (greater than 30 feet mature42spread), 10 foot on center for shrubs, 3 foot on center for43groundcoverswhichspreadbyrhizomesorcreeping44stemsorwhichhaveamatureheightof2feetormore, 45 excluding the bloom, and 2 foot on center for ground46coverswithamatureheightoflessthan2feet, excluding47thebloom, and which reproduce primarily by seed. 48 Minimum sizes for plant material may be reduced for scrub49andotherxerichabitatsinordertopromotediversityor50wheresmallersizeplantmaterialisbettersuitedforre- 51 establishment of the native plant community. Coverage of 4 I:\LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \3 05 07 H 1 e Preservation Stds_Archeological SitecoverageSL032212.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Text strikethFlOugh is nt te)d to he deleted. Bold text indicates a defined term pine and hardwoods in scrub habitats shall occupy no more than 70% of the area of a scrub preserve, in order to create natural open areas for wildlife and native ground covers. In south Florida slash pine dominated environments, where fire is a concern, the amount of mid - story vegetation planted may be reduced to promote the growth of native ground covers, reduce the threat of wildfire and to promote use of the preserve by listed species. Three gallon container may be used in lieu c Florida slash pine (Pinu planted in the following percent at 4 feet, withil a center for calculating i planted. saw palmetto (Serenoa repens) seven gallon containers. South elliottii var. densa) trees may beIt sizes: 25 percent at 6 feet and 75 spacing requirement of 40 feet on ie number of slash pines to be Mangrove; trees may be planted as three gallon size containers but must be planted al minimum of five to seven foot on center „for calculating the number of mangroves to be planted, If planted at this size. Ground covers in estuarine and other,, aquatic environments may be planted asl!liners or bare root;plants. L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 07 H 1 e Preservation Stds_Archeological Site coverage SL 032212.docx whe'r'e such'' 'sites have no native vegetation or are authorized to ie'. cleared and! excavated by the BCC as part of a Pub'1 I rezone ': or bw subsequent development order 'approved by the Collier County Historical /Archaeological Preservation Board (HAPB), ed with native vegetationsitesshallbere-vegetatedJilsethea similar,to or compatible with the native vegetation in the preserve!' or on the archeological /historical site. Re- Negetation shall only be with around covers in one - gallon containers unless otherwise approved by the BCC or the HAPB. Upland or seasonally wet preserves with extended dry periods shall detail a method of providing water until the plants are established. vii. ,'Supplemental planting requirements within preserves. Supplemental plantings in the strata required to restore the habitat to its natural condition shall be added to preserves where prior clearing or disturbance, or the removal of non- native and /or nuisance vegetation has created open areas with little or no native vegetation. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Supplemental plantings must be of the species typical of the native habitats being restored and take into consideration the requirements of any listed species using the preserve. Areas defined as "native vegetation” pursuant to this section and required to be retained as preserves, shall 5 L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 07 H 1 e Preservation Stds_Archeological Site coverage SL 032212.docx Text underlined is new text to be added r'L..th FO h' t text to be deleted- Bold text indicates a defined term 1 only be required to plant material in the sizes specified in2thissubsectionandnotinthesizesrequiredforcreated3preserves. Supplemental plantings within preserves shall4beinaccordancewithrequirementsspecifiedinapproved5stateandfederalpermitsforaproject. Where not specified6intheStateandFederalpermitsforaproject, 7 supplemental plantings within County required preserves8shalladheretothefollowingminimumstandards: one9gallonorlinergroundcovers, three gallon shrubs and four10foothightrees. Ground covers in aquatic environments11maybeplantedasbarerootplants. 12 Natural recruitment of native groundcovers may be used in13areaswherenativegroundcoverswouldbeexpectedto14regenerateontheirown. , If within a two -year period the15coverageofgroundcovers "is less than that typically found16inenvironmentscontainingthesespecies, then17supplementalplantingwithnativegroundcoversor18distributionofnativeseedshall °be, required. A planting19planwithscheduleforplantingordistributingnativeseed20shallbeincludedaspartofthepreservemanagement21plan, in case sufficient natural recruitment of groundcovers22has; not occurred. 23 Natural recruitment of I south Florida slash pine (Pinus24ei/i6"Mi var. densa) may be used where south Florida slash25pinewould r be `expected to ,regenerate on their own. If26withinatwo -year period the number of pine seedlings is27lessthanthatneededtoregeneratethehabitattype, then28supplementalplantingwithsouthFloridaslashpineor29distribution : 61 f south Florida slash pine seed shall be 30 required. A backup planting plan with schedule for planting31ordistributingseedshallbeincludedaspartofthe32preserve' management plan, in case sufficient natural33recruitmenthasnotoccurred. South Florida slash pine 34 trees may be plantedyp as seedlings in lieu of planting fourp935foothightrees, for individual preserves 100 or more acres36insize. 37 Restoration of mangroves shall be with one- to three - gallon38containermangroves, an unlessess otherwise permitted by State39andFederalpermittingagencies. 40 Minimum sizes for plant material may be reduced for scrub41andotherxerichabitatsinordertopromotediversityor42wheresmallersizeplantmaterialisbettersuitedforre- 43 establishment of the native plant community. Coverage of44pineandhardwoodsinscrubhabitatsshalloccupyno45morethanthe70% of the area of a scrub preserve, in 46 order to create natural open areas for wildlife and 47 indigenous ground covers. 48 viii. Success criteria. Success shall be demonstrated for 49 created preserves and supplemental planting within 50 preserves, 5 years after installation of plant material and 51 shall be included with the monitoring report. Before and 6 hLDC Amendment 2012 Cycle 1 )Amendment Revisions )Author Revisions \3 05 07 H 1 e Preservation Stds Archeological SitecoverageSL032212.docx Text underlined is new text to be added. cT F 'L th .. h ' t te.h to he deleted. r Bold text indicates a defined term 1 after photos taken from specific or permanent field markers 2 to identify the locations within the preserve shall be 3 included in the above mentioned monitoring report. 4 Demonstration of success shall include the following: 5 a) 80% vegetative coverage has been attained within 6 the preserve. 7 b) Native vegetation is within the range of species 8 diversity, density and distribution documented 9 within either reference sites or from literature 10 references for the specific habitat types. 11 c) Native vegetation characteristic of the habitat are 12 reproducing in the vegetative or seeding manner 13 typical of the species. 14 d) When permitted through the Water Management 15 District using'` UMAM;, overall UMAM scores must 16 indicate that the preserves have attained or are 17 clearly trending toward the "with- mitigation" scores 18 used'to determine success. 19 # # # # # # # # # # # # # i 7 L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 05 07 H 1 e Preservation Stds_Archeological Site coverage SL 032212.docx Text underlined is new text to be added. TP-Xt StFikt-thMugh ' nt text to he deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Collier Building Industry Association (CBIA) AUTHOR: Stephen Lenberger, Senior Environmental Specialist; Caroline Cilek, Senior Planner; Fred Reischl, Senior Planner DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Allow removal of exotic vegetation jurisdictional wetlands within the Rural Fringe Mir REASON: The LDC treats the removal of exotic veg( the three major areas of the County. 1) In the Urban Area, wetland mitigation required by including exotic vegetation removal is deemed to conservation of wetlands and the !'fiatural functions mitigation for impacts to wetlands 2) In the Rural Fringe Mixed Use District (RFMUD); r by the County to be counted as mitigation for impacts 1 3) In the Rural Lands Stewardship Area (RLSA),, a wetland impacts is deferred to the state and federal jur vegetation is counted as mitigation for impacts to wetl, mitigation for impacts to MUD). as mitigation differently in each of grid federal jurisdictional agencies, the objective of ''protection and Alands, and therefore counted as is vegetation is not allowed in the' Urban Area, mitigation for anal agencies, and removal of exotic The LDC requires exotic vegetat - 1 rem' I for developments. The LDC, however, does not allow removal of exotic vegetation to count towards'mitigation for impacts to wetlands in the Rural Fridge Mixed Use District (RFMUD). By requiring removal of exotic vegetation, but not counting that, removal as mitigation, the County may exceed the mitigation required by other agencies with jurisdiction over,wetlands,,and it may create an unequal burden on property owners within the Rural Fringe Mixed Use District. FISCAL & OPERATIONAL IMPACTS: The current LDC language can make a development more expensive for a developer. If the required vegetation removal is provided in addition to the mitigation' required by other agencies, there is an additional fiscal impact to a developer. Fiscal and operational impacts for the County include administering the mitigation program. As the County does not currently have a wetlands permitting program, evaluation of the State's wetland permitting criteria would have to take place along with consideration on how to implement the additional requirement. Since final development orders (SDP, PPL, etc.) have not been issued for development in the RFMUD, since the adoption of this requirement, a program would have to be developed along with training for staff to implement the program. Initial thoughts on implementing the requirement, make it necessary for submission of two separate sets of State Unified Wetland Mitigation Assessment Method (UMAM) scores, one with the use of exotic vegetation removal as credit ( "lift ") for wetland impacts and the other without. I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \3 05 07 H 1 g Preservation Stand ards_removal of exotic 031512 - SQ.docx Caroline Cilek 3/23/12 Text underlined is new text to be added be Bold text indicates a defined term Mitigation for loss of wetland function would then have to be evaluated based on the UMAM scores provided.: RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: Policy 6.2.5 of the GMP, Conservation and Coastal Management Element (CCME) relays one relevant portion regarding exotic vegetation removal as mitigation: "If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies." However, this language does not necessarily prohibit exotic vegetation removal to be included as mitigation. Policy 6.2.5 of the GMP, Conservation and Coastal eme r. Manag nt Element (CCME): I , Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/CampKeaisStrandSystemwhichiscontainedwithintheImmokaleeUrbanDesignatedArea, 1. Collier County shall direct land uses away from higher functioning 'wetlands by limitingdirectimpactswithinwetlandsbaseduponthevegetationrequirementsofPolicy6.1.2 of this element, the wetland functionality assessment described in paragraph; (2) below, and the final permitting requirements of the South `Florida Water Management''' District. A direct impact is hereby defined as !,the dredging or filling of a wetland or adverselychangingthehydroperiodofawetland. This policy shall be implemented as follows:" Policy 6.2.5(6) of the GMP,, CCME states: 6) Mitigation shall be required; for direct impacts to wetlands in order to result in no net loss of wetland functions. a. Mitigation Requirements: 1. "No net loss of ,wetland functions" shall mean' that the wetland functional score of the proposed: mitigation equals or exceeds the wetland functional score of the impacted wetlands. However, in no case shall the acreage proposed for mitigation be less than the acreage being impacted. 2. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing' an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. 3. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for; initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. 4. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (6) a.1, (6) a.2, and (6) a.3 of this policy. If agency permits have not provided mitigation consistent with this policy, CollierCountywill _require mitigation exceeding that of the jurisdictional agencies. 5. Mitigation requirements for single - family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Policy6.2.7 of this element. b. Mitigation Incentives: LIDC Amendment 2012 Cycle 1\Amendment Revisions\Author Ievisions \3 05 07 H 1 g Preservation Standards removal of exotic031512 - SL).docx Caroline Cilek 3/23/12 — 1 2 3 4 5 6 7 10 11 12 13 14 Text underlined is new text to be added. Te)d t 'L th h is ..4 1....i to he deleted. Bold text indicates a defined term 1. Collier County shall encourage certain types of mitigation by providing a variety of incentives in the form of density bonuses and credits to open space and vegetation retention requirements. Density bonuses shall be limited to no more than 10% of the allowed density. 2. Preferred mitigation activities that would qualify for these incentives include, but are not limited, to the following: a) Adding wetland habitat to or restoring wetland functions within Rural Fringe Mixed Use District Sending Lands, b) Creating, enhancing or restoring wading bird habitat to be located near wood stork, and/or other wading bird colonies. 3. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific criteria in the LDC to implement this mceritive program, and to identify other mitigation priorities." OTHER NOTESNERSION DATE: The pr( amendments proposed by the Collier Building of the County to make the LDC more efficient for flexibility without sacrificing the quality o advisory committee made up of professional c believed could be improved upon. Recommen Staff has reviewed and discussed the propb staff have been removed. Those remaining, considered staff sponsored amendments col this proposed amendment 'for' the,, reasons unequal burden on property owners within the County does not have a, wetlands regulat DC amendment, along with other Association (CBIA), came at the request ine the development process, and to allow ment. As a result, CBIA established an is to identify areas of the LDC which they ki vere'then forwarded to County Staff. with CBIA and those not supported by d by CBIA, are supported by staff and h CBIA requests. Staff is in support of bove, that is: the regulation creates an I when wetlands are impacted, and that in which to implement the requirement. Created November 10, 2011, Amended December 16,,2011, March 15, 2012 Amend the LDC as follows: 3.05.07 Preservation Standards H. Preserve standards 4. Mitigation. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: a. Mitigation Requirements: i. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. ii. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a hLOC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \3 05 07 H 1 g Preservation Standards—removal of exotic 031512 - SL).docx Caroline Cilek 3/23/12 Text underlined is new text to be added T-e)d .mot: k th h is ttext to be Bold text indicates a defined term1andbabove. If agency permits have not provided mitigation2consistentwiththisSection, Collier County will require mitigation3exceedingthatofthejurisdictionalagencies. 4 iii. Mitigation requirements for single - family lots shall be determined5bytheStateandFederalagenciesduringtheirpermittingprocess, 6 pursuant to the requirements of Section (5) below. 7 b. Mitigation Incentives: A density bonus of 10% of the maximum allowable8residentialdensity, a 20% reduction in the required open space9acreage, a 10% reduction in the required native vegetation, or a 50% 10 reduction in required littoral zone requirements may be granted for11projectsthatdoanyofthefollowing: 12 i. Increase wetland habitat through recreation or restoration of13wetlandfunctions, of the same type found on -site, on an amount14ofoff -site acres within the Rural Fringe Mixed Use District Sending15Lands, equal to, or greater than 501/o of the on -site native16vegetationpreservationacreagerequired, or 20% of the overall17projectsize, whichever is greater; 18 ii. Create, enhance or restore wading bird habitat to be located near19woodstork, and /or other wading bird colonies, 6, an amount that is20equalto, or greater than 50% of the on -site native' vegetation21preservationacreagerequired, or 20% of the overall project size, 22 whichever is greater; or 23 iii. Create, enhance' or I restore habitat for other listed species, in a24locationandamountmutuallyagreeabletotheapplicantand25CollierCountyafterconsultationwiththeapplicablejurisdictional26agencies. 27 C. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate28thatthereisnonetlossinwetlandfunctionsasprescribedabove. 29 30 Gepstitute Fnitiga+. 31 # # # # # # # # # # # # # 32 33 hLDC Amendment 2012 Cycle 11Amendment Revisions\Author Revisions \3 05 07 H 1 g Preservation Standards removal of exotic031512 - SL).docx Caroline Cilek 3/23/12 — Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 1 LDC SECTION(S): 3.06.06 Regulated Wellfields 411111''i111111 I l CHANGE: Replace the existing Illustration 3 Naples East Golden Gate Well Field Illustration REASON: Remodeled the Wellfield Risk M around the City of Naples East Golden Gate Well FISCAL & OPERATIONAL IMP RELATED CODES OR GROWTH MANA(;z1 Growth Managemeri'] Sub - Element Policy 1. Plan Amend the with the proposed update of the City of Overlay Zones I' !,; l;ll9';nl U 4 II VIII !i!!Ili$i, ! 1117 " "R,I'1' ^li l'iliilllPU l!i ENT °'P,II1'i;AN IMPAIII I' 1 'Iallu,Collierri,:! „ "I °l..luniy Board Directed through T ie allp Id!IlGlli,.,!ul r'l l s Public iiFacilities Element — Natur "al Groundwater Aquifer Recharge y'I the Cc n's ervation ana ;:Coastal Management Element Objective 3.3. 3, 2011 the Board approved the Growth Her County Wellhead Protection Areas, 1 1:\LDC Amendment 2012 Cycle A Reg Wetifields City of Naples Eat Golden Gate IWF LDRSA1`D11 docx 3/14/2012011: 8 AM ends Reviewed 112811/3 06 06 Text underlined is new text to be added Text stM th.eugh a t .s to be Bold text indicates a defined term . 1:\LDC Amendment 2012 Cycle 1\Amendment Revisions\DSAC \DSAC Subcomittee\DSAC LDR Amends Reviewed 112811 \3 06 06ARegWelifieldsCityofNaplesEastGoldenGateWFLDR - 112811.docx 3/14/2012 11:58 AM Text underlined is new text to be added. Text sti:ikethrGugh is ouFFent te)d to be deleted. Bold text indicates a defined term CITY OF NAPLES EAST GOLDEN GATE WELL FIELD is 7 17 16 snw -1 snrva sT W.3 10 ST/W-4 15 13 17 16 is 19 20 OIL W81Raw 24 CR M3 3D 29 28 24 19 27 20 21 22 Ru+avi.L sou_EVARo 1 STAY -3sTVL4 25 30 28 23 27 sTnY -z STM -1 36 31 32 33 34 V W54AST/W.2 3 Aro 12 7 S 9 snw -1 snrva sT W.3 10 ST/W-4 13 S 17 16 is 19 20 21 24 22 3D 29 28 25 27 Illustration 3.05.46 A For more detailed information, refer to the Collier County Zoning Map at www. colliergov .neffindex.aspx?page --la92 1: \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSACOSAC Subcomittee \DSAC LDR Amends Reviewed 112811\3 06 06 A Reg Welffields City of Naples East Golden Gate WF LDR - 112811.docx 3/14/2012 11:58 AM Text underlined is new text to be added. T stFikethFough is SUFFent 4 init - l^f"Ej- Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2011 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfelds ll' .iq! CHANGE: Replace the existing Illustration 3 County Utilities Golden Gate Well Field IllustiI_r REASON: Remodeled the Wellfield around the Collier County Utilities Gold FISCAL & OPERATIONAL IMP RELATED CODES OR GROWTH MAMA ] Growth Managements Sub - Element Policy 1. update of the Collier Board Directed through atural Groundwater Aquifer Recharge Management Element Objective 3.3. Board approved the Wellhead Protection 1 IALDC Amendment C Reg Wellfields Collier CYcle GoldeneGateeWF LDR S1128 1Adocx 3/14/ 012 Subcomittee\DSAC 59 AMR ends Reviewed 112811/3 06 06 Text underlined is new text to be added. Text st&e Bold text indicates a defined term UL r 4 a 1 f r _ 1.\LDC Amendment 2012 Cycle 11Amendment Revisions\DSACOSAC Subcomittee \DSAC LDR Amends Reviewed 11281113 06 06BRegWellfieldsCityofNaplesCoastalRidgeWFLDR - 112811.docx 3/1412012 11:58 AM NoM Text underlined is new text to be added. T + 'L th h is + tn.h to be deleted. Bold text indicates a defined term CITY OF NAPLES COASTAL RIDGE WELL FIELD E 1 lllustraUon 3.08.06 B For more detailed information, refer to the Collier County Zoning Map atwww .coili®rgov.netfindex.aspx7page --392 1: \LDC Amendment 2012 Cycle 11Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06 B Reg Wellfields City of Naples Coastal Ridge WF LDR - 112811.docx 3/14/2012 11:58 AM Text underlined is new text to be added. T .a t T th M' t+ .h to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2011 Cycle 1 LDC SECTIONS): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3 County Utilities Golden Gate Well Field Illusb, REASON: Remodeled the Wellfield Risk T around the Collier County Utilities Golden Gateiru:rm.. FISCAL & OPERATIONAL IMP RELATED CODES OR GROWTH MANAG] ppu Growth Management] Sub - Element Policy 1. 1 update of the Collier Overlay Zones PUP'' I'ty Board Directed through Theu!iWIiIIIiQ;Patural Groundwater Aquifer Recharge Management Element Objective 3.3. 3, 2011 the Board approved the Growth ier County Wellhead Protection Areas, 1ALDC Amendment 2012 Cycle 1VAmendment RevisionsMACTSAC SubcomitteeOSAC LDR Amends Reviewed 112811/3 06 06 C Reg Wellfields Collier Co Utilities Golden Gate WF LDR - 112811.docx 3/14/2012 11:59 AM Text underlined is new text to be added. strikPfh FAIT -I ; ffent y r. 0 1 .. Bold Text indicates a defined termiOR —II LZL_ I ITIr1 ITIGCS . GO EN GATEE E 1 F 4 e-1 nc„Z -rl. 2 LTDC Amendment 2012 Cycle I lAmendment RevisionsIDSACOSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06CRegWelifieldsCollierCoUtilitiesGoldenGateWFLDR - 112811.docx 3114/2012 11:59 AM Norir, Text underlined is new text to be added. T- ,tea f -L th h is Pi iprp.Rtfi-)4 to he deleted. Bold text indicates a defined term COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD 1 Mia ,_ llluswjon 3.05.06 C For more detailed information, refer to tale Collier County Zoning Map at www. eolliergov .nWiindex.aspx?page --992 1: \LDC Amendment 2012 Cycle 11Amendment Revisions\DSAC\DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06 C Reg Well9elds Collier Co Utilities Golden Gate WF LDR - 112811.docx 3/14/2012 11:59 AM Text underlined is new text to be added. TP)4 Rt keth ` F FavFfa.6a1iRIP Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3. Everglades City Well Field Illustration. I ii!y REASON: Remodeled the Wellfield around the Everglades City Well Field. FISCAL & OPERATIONAL RELATED CODES OR REGULA GROWTH MAMA, Growth Managemer Sub- Element Policy OTHER Overlay Zones 1J'"'°''Board Directed through The Groundwater Aquifer Recharge ement Element Objective 3.3. 13, 2011 the Board approved the Growth llier County Wellhead Protection Areas, 1 L D Wellfields Amendment 201 tidesCity Am ndme 11281 1 idocxDSAC! 012 Su co ittee\DSAC LDR Amends Reviewed 112811 \3 06 06 LDR 9 i5 1 3b JAWS 3CEN1C Text underlined is new text to be added Text stNke" Bold text indicates a defined term M r. 31 3:_: 1 f r ` 1`,.. 1 7 +j 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\DSAC \DSAC Subcomittee\DSAC LDR Amends Reviewed 112811 \3 06 06DRegWellfieldsEvergladesCityWFLDR - 112811.docx 3/14/2012 11:59 AM 1or1f I Text underlined is new text to be added. T + F 'L Fh h is ..F text Fn be deloFodr Bold text indicates a defined term EVERGLADES CITY WELL FIELD 35 36 31 32 2 1 6 5 9T/WI STM SV(14 snrrf 12 711 14 13 1$ 17 7 WO i Illustration 3.06.06 D For more detailed information, refer to the Collier County Zoning Map at www.colliergov.nat(ndex.aspx ?page --592 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06 D Reg Wellfields Everglades City WF LDR - 112811.docx 3/14/2012 11:59 AM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department I,iAMENDMENTCYCLE: 2011 Cycle 1 i!P Ill LDC SECTION(S): 3.06.06 Regulated Well fields Illlllii'h III I ll ll" CHANGE: Replace the existing Illustration 3 Government Utility Authority Golden Gate C- REASON: Remodeled the Wellfield Risk around the Florida Governmental Utility Auth FISCAL & OPERATIONAL IMP RELATED CODES OR GROWTH MAN A+ "'IMil Growth Managemen 11 Sub - Element Policy 1. Plan Amend the Nill -111 with the prop, m sed update of the Florida ell Field Mustration h, 4 GIIIIII,I Iull'.t llll,,,. gement "Special Trea {m Ant Overlay Zones Tolden;,;Gate City Well Fieldl:!Illh! 2EGULATIONS1: Noffe"I"JI'll'1i p:,. "1!I!!'Iji''a.; I!II!III!h l,i!'llVl•lyiillill; ;1a ,h •" ," •dpi "iBoard !IVV , I Ilollie I!, l4 i I!Ilu,, IIh!lu rlilll ll,' i!! ,y ' , , z, The ENT' ! C I u ounty Directed through p., .,:.,AN IMPACI;,,; Groan ater Aquifer Rechargege iq"',,•i, Ilk•if »a' t — NaturalsPublicFacilities'Elelmen l;lhc0, Management Element Objective 3.3. id. the Conservation and ,Coastal M lill,, ,!I!lih!h I7 „:riu, 'lllllilu u II!ulliliutr!>n,lil,i ! ,i! NIaIID,;' , ,„ T E: • a6” ,,!,';:„r, p , ' ed the GrowthL,E;aa S"'t 2011 the Boar d approvO T r'I!aIVIiTaTea F] ,,,e'Ipt.silll!.Collier County wellhead Protection Areas, 1 L LDC Amendment ds FGUA Golden Gate ntY en RDRsi ns\DSAC \D31142012 m e \ ADjVSjAC LDR Amends Reviewed 112811 \3 06 06 E Reg Wellfi Text underlined is new text to be added Bold text indicates a defined tern 2 1:\LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee\DSAC LDR Amends Reviewed 112811\3 06 o6ERegWellfieldsFGUAGoldenGateCitvWFin€a - i1 Q„ i ..9N A n .I -- .. rbOm Text underlined is new text to be added. TeXt StFikethi:n ,nh is Giiuent taxi to be deletes Bold text indicates a defined term FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD i Mfg illusMon 3.06.06 E For more detailed information, rear to the Collier County Zoning Map atwcww.colliergov.neVindex.aspx ?page -932 LILDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomitfee \DSAC LDR Amends Reviewed 112811 \3 06 06 E Reg Wellfields FGUA Golden Gate City WF LDR - 112811.docx 3/14/2012 11:59 AM PIhE RUGS ROM 17 16 i5 14 13 GRFEY axaEV Rn d 23 24 20 21 22 y sntK7 S7/W-2 F S1W_3 29 28 27 26 25 S r 3 8 35 36 32 33 34 75 i Mfg illusMon 3.06.06 E For more detailed information, rear to the Collier County Zoning Map atwcww.colliergov.neVindex.aspx ?page -932 LILDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomitfee \DSAC LDR Amends Reviewed 112811 \3 06 06 E Reg Wellfields FGUA Golden Gate City WF LDR - 112811.docx 3/14/2012 11:59 AM Text underlined is new text to be added. Te)d tr'It th a h ' t te)d to be deleted., Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields I IIII I I I;III II Ilhh,.. CHANGE: Replace the existing Illustration 3.06.06 FBI Th M proposed update of the Orangepg 'q;j(Ii;IIIlplil p;ilu° lllil'i I, Tree Well Field Illustration. REASON: Remodeled the Wellfield Riskl'ill.,ii'I, ivaniagement Special'II!IliTul j' Ijlllttment Overlay Zones around the Orange Tree City Well Field. "''' III,I IIIIIihh,. 1FISCAL & OPERATIONAL IMPACTS: None i''i; II I „ ! ,{ I11!rh li iilill l a f!!li:i!li!!illw:,.. III!;;;! I IIIIIIn, RELATED CODES OR REGULATIONS.' NonenIII,I r I, .” Ill ,illi'I i iglII';,, hill I`F91I'IIIIII!I ul llh','II!II;II nI,. llt ii'ii!II'h uy,:ll! '!'In• llll l ilh TheGROWTHMANAGEMENTPLANIlVINACT. ! 1,: li ollier County Board Directed throughL!hl Igll!r'IIIIIII'llll 'awY l;iiin. rl i 1111 "Ina1 .I i i Growth Management?lanslPublic Facilities; Elemer'I— ,Natural Groundwater Aquifer Recharge dli .11 ilil!!'i I'!III,'UIIIII hI y i;'I II,n !i 1111 lie'II .. 'Ii h;l,hli d il m. III I Riau' I I!,I III , I II'I III I I; .,,•,. Sub- Element Policy il!i!I'Ii and the i; gnse>vationl'and ill oastal "1VI "an ement Element Objective 3.3. pl ;flI !pu h I I i;l i;'y, I v Ill N I I "i6 , ,M,,,• III !I 1154 ''r,•I I „' i Id I' ' I! I I;ilirlu;l:ll, !I, 91 I;!fl;:h OTHER NOT ES/VERSI OIN D TIEI: September 13, 2011 the Board approved the Growth Ma„ avementlnlP. lan._ Futureh' L'an llier County Wellhead Protection Areas, Amend th'e.;DC as 1 l:\LDC Amendment 2012 Cycle 1\Amendment Revisions\DSAC \DSAC Subcomittee\DSAC LDR Amends Reviewed 112811 \3 06 06 F Regulated Wellfields Orange Tree WF LDR - 112811.docx 3/14/2012 12:00 PM Text underlined is new text to be added Bold text indicates a defined term I:\L.DC Amendment 2012 Cycle 1\Amendment RevisionslDSAC\DSAC SubcomitteelDSAC LDR Amends Reviewed 112811/3 06 06FRegulatedWel(fields Orange Tree WF LDR - 112811.docx 3/14/2012 12:00 PM North Text underlined is new text to be added. r c a is surreRt Bold text indicates a defined term ORANGE TREE WELL FIELD Illustration 3.06.06 F For more detailed information, refer to the Collier County Zoning Map at www.coltiergov.netrindex.aspx ?page ---992 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 112811\3 06 06 F Regulated Welffields Orange Tree WF LDR - 112811 _docx 311 412012 12 :00 PM Text underlined is newt A to be added. Tc fi '[ t0. a h ' t te)d to be delofdeleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3. Immokalee Well Field Illustration. REASON: Remodeled the Wellfield around the Immokalee Well Field. FISCAL & OPERATIONAL IMP. RELATED CODES OR REGULA GROWTH MANAC Growth Management Sub - Element Policyd;l OTHER N Amend 1 the proposed update of the Overlay Zones rd Directed through The iwater Aquifer Recharge Element Objective 3.3. 13, 2011 the Board approved the Growth ilier County Wellhead Protection Areas, 1: \LDC Amendment 2012 Cycle 1\Amendment Revisions\DSAC\DSAC Subcomittee\DSAC LDR Amends Reviewed 112811 \3 06 06 G Reg Welifields Immokaiee WF LDR - 112811.docx 3/14/2012 12:00 PM Text underlined is new text to be added Text fi:ikethm h' F F f F be deleted, Bold text indicates a defined term 100— N 1:\LDC Amendment 2012 Cycle 11Amendment RevisionsOSACOSAC Subcomittee\DSAC LDR. Amends Reviewed 112811 \3 06 06GRegWelltieldsImmokaleeWFLDR - 112811.docx 3/14/2012 12:00 PM Narih Text underlined is new text to be added. Bold 'text indicates a defined term IMMOKALEE WELL FIELD 7 sRa 8 9 10 11 15 14 18 17 16 A 21 23190 A I6 j 27 26 30 29 28 n srar3 srrw -z s 31 33 Yr 34 35 0' 07 a+ Sr/K-1 srnrx srnrs snca 4 cx&° 2 6 5 3 3 sane s srnvs g 10 11 37 sans 8rrct{ t b Illustration 3.06.06 G For more detailed hibrmatlon, refer to the Collier County Zoning Map at v+ wv.colliergov.neilndexaspx?page -"`392 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06 G Reg Welifields Immokalee WF LDR - 112811.docx 3/14/2012 12:00 PM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2011 Cycle 1 LDC SECTIONS): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3 Maria Utility Company Well Field Illustrationiln REASON: Remodeled the Wellfield Risk around the Ave Maria Utility Comp •,any Well I FISCAL & OPERATIONAL L"P RELATED CODES OR GROWTH MANAG] Growth ManagemQ Sub - Element Policy 1. Plan Amend the H. with t proposed update of the Ave Overlay Zones jl; !{iilllll'li;lll:p l'i ilh:, inlU iiih II'11'I rli!a ai r ana'll l "Ili7:wol., NT''EL'AN IlVIPI'A,'in iT:l u ollier!i:, :!!;oun Board Directed through The iibi a i •i.luib,Jl : N;rll I'' i l'" ':e ; ;.II `J s Pubhc',Facilities Element — Natural Groundwater Aquifer Recharge d.the Co "reservation arid;;,,,'.,oastal Management Element Objective 3.3. Sleptembeir1,1"i;13, 2011 the Board approved the Growthlnn!i;INfISU 4yl'p.. Elemen lr'.,1,Collier County Wellhead Protection Areas, 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 112811\3 06 06 H Reg Wellfields Ave Maria Utility Comp WF LDR - 112811.docx 3/14/2012 12:01 PM Text underlined is new text to be added Bold text indicates a defined term Mustration ? En r v ea t H. FEW 7 2 I:1LDC Amendment 2012 Cycle 1\Amendment RevisionslDSAC1DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06HRegWelffieldsAveMariaUtilityCompWFLDR - 112811.docx 3/14/2012 12n1 PM Noy, T Text underlined is new text to be added. Ta ft ±-:r th h is t f-)A to ha lofnfefA Bold text indicates a defined term AVE MARIA UTILITY COMPANY WELL FIELD Illustration 3.06.06 H For more detailed information, teW to the Coilier County Zoning Map at www .cotiiergov.nettindex.aspx7page --992 l: \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06 H Reg Wellfields Ave Maria Utility Comp WF LDR - 112811.docx 3/14/2012 12:01 PM 22 20 21 24 19 PADKU -S ROB 28 27 25 30 29 31 32 33 34 36 4 365 1 5ilX1 I SZ/rt3 ST/W-2 8 Su" STIW4 9 10 12 7 sTWI sWa Sr(W4SfAY3 STM -1 16. 15 13 18 17 OILWEURCAO CA Aa 21 22 24 19 20 1 We 1b. Illustration 3.06.06 H For more detailed information, teW to the Coilier County Zoning Map at www .cotiiergov.nettindex.aspx7page --992 l: \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06 H Reg Wellfields Ave Maria Utility Comp WF LDR - 112811.docx 3/14/2012 12:01 PM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Add Pori Of The Islands Well Field REASON: Language change allows the rule to recognize a new Water Supply Wellfield that will serve the Port of the Islands community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub- Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Amend the LDC as follows: 1 3.06.06 Regulated Wellfields 2 3 The following wellfeld risk management special treatment overlay zones, as defined in 4 section 3.06.03, and criteria specified herein shall be applied to the following wellfields: 5 6 A. City of Naples East Golden Gate Well Field. 7 B. City of Naples Coastal Ridge Well Field. g C. Collier County Utilities Golden Gate Well Field. g D. Everglades City Well Field. 10 E. Florida Governmental Utility Authority Golden Gate City Well Field. 11 F. Orange Tree Well Field. 1 I: \LDC Amendment 2012 Cycle 1V;mendment Revisions\DSAC\DSAG Subcomittee\DSAC LDR Amends Reviewed 112811 \3 06 06 1 Reg Wellfields_ add Port of the Islands LDR - 112811.docx 311412012 12:01 PM I G. Immokalee Well Field. 2 H. Ave Maria Utility Company Well Field. 3 I. Port Of The Islands Well Field. Text underlined is new text to be added. Te)d st* t yr. r .. Bold text indicates a defined term 2 I LDC Amendment 2012 Cycle 1\Amendment Revisions\DSACOSAC Subcomittee\DSAC LDR Amends Reviewed 112811\3 06 06IRegWellfields_ add Port of the Islands LDR - 112811.docx 3/14/2012 17•n1 pnn Text underlined is new text to be added. Text t 'I th h is UFFent te.h to be da Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Add the proposed Port Of The REASON: Remodeled the Wellfield RiWllllT around the Port Of The Islands Well Field. This of the Islands community. FISCAL & OPERATIONAL IW RELATED CODES OR GROWTH MANAGl Growth Managements] Sub - Element Policy 1. 1 Overlay Zones 1 serve the Port VT. !. °6unty Board Directed through The Tatur'al Groundwater Aquifer Recharge Management Element Objective 3.3. 3, 2011 the Board approved the Growth lier County Wellhead Protection Areas, I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\DSAC\DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06 I. Reg Wellfields Port of the Islands WF LDR - 112811.docx 3/14/201212:02 PM Narfi Text underlined is new text to be added T-e)d Sf 'L fh F.. Ug h is a a Bold text indicates a defined term PORT OF THE ISLANDS WELL FIELD 4 3 2 1 6 7tiMV3H Tom" us. f F4444 g 10 11 12 7 1 Mae s: Illustration 3_05.o61 For n-jora daiaiied in%miaiion, refer to tt to Collier County Zoning Map at vwwm.colllergov.netfindex.aspx ?page --992 2 I: \LDC Amendment 2012 Cycle 1\Amendment RevisionsiDSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 06I. Reg Wellfields Port of the Islands WF LDR - 112811.docx 3/14/2012 12:02 PM 1 2 3 4 Text underlined is new text to be added. Te..t nt.iketh.eU gh is ruFFent te.h to he deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.07 Unregulated Wellfields CHANGE: To remove the reference that states "W overlay zones, as defined in section 3.06.03 and th( applied to Port of the Islands Wellfield." REASON: Port of the Island Wellfield contai natural aquifer recharge to the surficial and Ground Water Protection" states that "These € gzonesreflectWellfieldriskmana ement; zones aquifer recharge in the County, and the natt; groundwater protection and within which futur( a result, Section 3.06.03 "Descriptions and Treatment Overlay Zones" and Section 3.06!t 12 the Islands Wellfield. FISCAL & OPERA' RELA GROWTH,, MANAG Facilities Element — N OTHER NOTES/ Management Plan Proposed Wellfields CTS: management special treatment cif in 3.06.12 shall not be Zs new wells that draw water from areas of high intermediate aquifer systems. Section 3.06.04 round Water protection special treatment overlay W -1, W-2, W -3, and W -4; areas of high natural ral areas of the County that require minimum potable water supply wells may be located." As Basis of Wellfield Risk Management Special Regulated, Development" applies to the Port of ACT: The Growth Management Plan's Public quifer Recharge Sub - Element Objective 1. N DATE: September 13, 2011 the Board approved the Growth and Use Element's Collier County Wellhead Protection Areas, ts map that contained the Port of the Island Wellfield. Amend the LDC as follows: 3.06.07 Unregulated Wellfields I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 112811 \3 06 07 Unregulated Wellfields remove LDR - 112811.docx 3/2312012 9:33 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Text underlined is new text to be added. Tn.h ntriketh F9ugh 06 ent te)d to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Pollution Control & Prevention Department AUTHOR: Ray Smith, Director DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.12 Regulated CHANGE: Comma is being removed on the REASON: Scrivener's Error. FISCAL & OPERATIONAL IMP RELATED CODES OR REGULA' GROWTH MANAG OTHER NOTE Amend the LDC as follows: PLAN ane of section 3.06.12 I. Le. 3.06.12 Regulated Development' I. Existing and future nonresidential use, handling, storage, generation, transport, or processing of hazardous' products e. Upon discovery of; any discharge or accidental release, implementation of a detailed contingency plan, approved by the county manager, which shall describe the actions to be taken by the owner and /or operator in the event of a discharge or accidental release of a hazardous product under this section, -. Actions shall include first response steps to control and prohibit the discharge or accidental release of the hazardous product; remedial actions consistent with applicable state and federal laws; and proper disposal of the hazardous product. Emergency telephone numbers shall be provided for local and state response units, and the owner and /or operator's designated emergency response personnel. The plan shall demonstrate compliance with the applicable state and federal regulations. The County shall provide forms for reporting of discharges or accidental releases. 1 I:\l_DC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \3 06 12 Reg Develop_Scrivener error 032212.docx 3123/2012 9:33 AM Text underlined is new text to be added. Te)d stFikethrn nh iS eRt text to be deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division 1 "%, /_1 DEPARTMENT: N/A AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 4.02.01 Dimensional Standards CHANGE: Correct the word "principle" with REASON: Spelling error FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: N/A '' Ili<<'(' GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTESNERSION DATE: Prepared by Fred Reischl, Senior Planner, Planning and Zoning on October 26, 2011 Amend the LDC as follows: 1 4.02.01 Dimensional Standards for P-rinGiple Principal Uses in Base Zoning Districts 2 3 A. The following tables describe the dimensional standards pertaining to base zoning 4 districts. Site design requirements apply to the principal building on each site. 5 6 Table 1. Lot Design Requirements for Principle Principal Uses in Base Zoning Districts. 7 Zoning District Minimum Lot Area square feet) Minimum Lot Width linear feet) Maximum Building Coverage N GC None None None A 217,800 165 None E 98,010 150 None RSF -1 43,560 150 None RSF -2 20,000 120 None RSF -3 10,000 Corner lot 95 Interior lot 80 None RSF -4 17,500 75 70 None I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 111411 \4 02 01 Dimensional Stds for Principal Uses_spelling error -LDR 111411.docx 3123/2012 9:34 AM Text underlined is new text to be added. Te..t e.triLethre unh is nt te)d to he deleted Bold text indicates a defined term RSF -5 6,000 70 60 None RSF -6 6,000 70 60 None RMF -6 S.F. Duplex 3+ units 6,500 12,000 5,500 per unit 60 80 100 None RMF -12 43,560 150 None RMF -16 43,560 150 None RT 43,560 150 None VR S.F. /MH Duplex M. F. 6,000 10,000 43,560 60 100 150 None M 6,000 60 None TTRVC Park site lots 20 acres 800 Travel trailers /Park models 40 Campsites 30 None C -1 20,000 100 None C -2 15,000 150 None C -3 10,000 75 None C -4 10,000 100 None C -5 10,000 100 None 1 20,000 100 None BP Park site lots 35 acres 20,000 100 45 CON 217,800 150 None P iNone None None CF 10,000 80 None 1 2 Table 2. Building Dimension Standards for Prine-iple Principal Uses in Base Zoning 3 Districts. 4 Zoning District Maximum Minimum Minimum Floor Area of Floor Area Building Distance Buildings Ratio Height Between square feet) N feet) Buildings GC 35 None None None A 35 None 550 None E 30 None 1,000 None MON 1 0-1 1 \Ulle 1-story L-JtVly IVOIIe 1,500 1,800 RSF -2 35 None 1,500 1,800 None RSF -3 35 None 1,000 1,200 None I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 111411 \4 02 01 Dimensional Stds for Principal Uses—Spelling error -LDR 111411.docx 3/23/2012 9:34 AM Text underlined is new text to be added. Text sty Lethmugh is en# text to be deleted Bold text indicates a defined term RSF -4 35 None 800 1,200 RSF -5 35 None 600 1,200 None RSF -6 35 None 600 800 None RMF -6 35 A 750 None RMF -12 50 A Efficiency 450 None 1 BR 600 2+ BR 750 RMF -16 75 A Efficiency 450 None 1 BR 600 2+ BR 750' RT 10 stories, not to exceed A 300 None 100, max. for hotel units = 500') VR S.F. 30 None None None MH 30 None Duplex 30 None M.F. 35 B MH 30 None None None TTRVC 30 10 None None C -1 35 None 1,000 (ground floor) None C -2 35 A 1,000 (ground floor) None C -3 50 None 700 (ground floor) None C -4 75 A 700 (ground floor) Hotels .60 Destination resort 80 C -5 35 A 700 (ground floor) Hotels .60 Destination resort 80 1 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None P C None None None CF Towers /antennas 40 D 1,000 (ground floor) None Other 30 Overlay See table of special design requirements applicable to overlay districts. Districts 1 2 A = 50% of the sum of the heights of the buildings, but not less than 15 feet. 3 B = 50% of the sum of the heights of the buildings. 4 C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive 5 of an adjoining district. 6 D = 50% of the sum of the heights of the buildings, but not less than 25 feet. 7 I K3 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 111411 \4 02 01 Dimensional Stds for Principal Uses_spelling error -LDR 111411.docx 3/23/2012 9:34 AM Text underlined is new text to be added. Text StFiketl;Fough is GUFFent te)d to be deleted. Bold text indicates a defined term 1 2 3 4 5 Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS 6 (SETBACKS) FOR BASE ZONING DISTRICTS 7 Note as to setback line measurement: minimum setback lines are typically measured from the legal 8 boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that 9 comprise a road right -of -way where the minimum setback line is to be measured from the road right -of- 10 way easement line. 11 12 Zoning district Minimum Front Yard feet) Minimum Side Yard feet) Minimum Rear Yard feet) Public School Requirements GC None None None Residential 25 A 50 30 50 x E 75 30 75 x RSF -1 50 30 50 x RSF -2 40 20 30 x RSF -3 30 Waterfront- 10 Non - waterfront 7.5 25 x RSF -4 25 10 7.5 25 x RSF -5 25 10 7.5 20 x RSF -6 25 10 7.5 20 x RMF -6 S.F. 25 NA 7.5 20 x Duplex 25 3 + units 30 NA NA 10 15 20 20 RMF -12 30 a 30 x RMF -16 `' b a b x RT b a b x VR SF. /MH 20 Duplex 35 M.F. 35 Waterfront 10 15 15 Non - waterfront 5 15 15 20 30 30 x MH' 25 Waterfront 10 Non - waterfront 7.5 10 x TTRVCZ 10 Waterfront 10 Non- waterfront 5 Waterfront 10 Non - waterfront 8 C -1 25 Residential 25 Non- residential 15 Residential 25 Non- residential 15 x C -2 25 25 15 25 15 x C -33 c 25 a 25 a x C -44 d 25 a 25 a x 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 111411 \4 02 01 Dimensional Stds for Principal Uses_spelling error -LDR 111411.docx 3/23/2012 9:34 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Text underlined is new text to be added. Text nt: Lethre gh is eurrent text to he deleted Bold text indicates a defined term C -54 25 25 15 25 15 x 14 25 50 a 50 15 x BP 50 50 10 50 25 CON5 50 50 50 P f f f x CF 25 Residential 25 Non- residential 15 Residential 25 Non- residential 15 x Overlay Districts See table of special design requirements for the applicable overlay district located in the appropriate section for that district in chapter 4. MH District - additional yard requirements: side yard setback from a public road that is external to the boundary of the park = 50 ft.; the minimum setback on any side from the exterior boundary of the park = 15ft. 2 TTRVC District - additional yard requirements: setback from exterior boundary of park = 50 ft.; setback from an external street = 50 ft., setback from an internal street = 25 ft.; setback from any building or other structure = 10 ft. 3 C -3 District - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = none. 4 C -4, C -5 and I Districts - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = none; setback on any side adjacent to a railroad right -of -way = none 5 Any non - conforming platted lot of record in the CON District that existed before November 13, 1991 will be subject to the following standards: Front yard: 40 feet. Side yard: ten percent of the lot width, but no more than 20 feet on each side. Rear Yard: 30 feet'. a = 50% of the building height, but not less than 15 feet. b = 50 % of the building height, but not less than 30 feet. c = 50 % of the building height, but not less than 25 feet. d = 50% of the building height, but not less than 25 feet. Structures 50 feet or more in height = 25 feet plus one additional foot of setback for each foot of building height over 50 feet. e = the total of all side yard setbacks shall equal 20% of the lot width, with a maximum of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved through, a unified plan of development involving one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. f = the yard requirements shall be equal to the most restrictive adjoining district. x = for principal structures: 50 feet from all property lines; for accessory structures: 25 feet from all property lines. 5 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 111411 \4 02 01 Dimensional Stds for Principal Uses_spelling error -LDR 111411.docx 3/23/2012 9:34 AM LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Raymond V. Bellows, Zoning Manager DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 4.02.01 D. Exemptions and Excl CHANGE: To allow air conditioning (A/C) units elevation requirements to encroach into any yard are maintained, consistent with Staff Clarification REASON: Section 4.02.01 D. provides ex'( standards in the base zoning districts, such as existing language allows for "around (slab on Text underlined is new text to be added. Bold text indicates a defined term gn Standards ust b6elevated in order to meet flood d that minimum building separations 01. is and exclusions from the dimensional limitations and setback, requirements. The yard provided it does not impact required landscapes allows setback/yard encroachments for window or wall 4.02.01 D.6.). In the special flood hazard areas, prim are required to be elevated to the same level as thei, fiv Elevation), and cannot be constructed as slab on grai these elevated A/C units in a consistent manner, as groin On June 18, 2007, a Staff Cla noted that "the rule allowing elevated, pad mounted A/C um Staff Clacation regarding c decision. In order to resolve this c mounted" regardless of anted'A/C units" to'' encroach into any uffers (4.02.01 D.9.) The LDC also ounted A/C units for up to two (2) feet ly the coastal VE zones, the A/C units habitable floor (above the Base Flood The proposed amendment will treat mounted A/C units. i (SC 07 701) was prepared to clarify this issue. It was d encroachment has also (historically) been applied to are required' to meet flood elevation requirements. The pad mounted A/C units concludes with the following epancy it is my decision to treat these elevated units as "pad - type of supporting structure however, I am limiting the extent of the encroachment to that which maintains the required separation distance between structures. A Land Development Code amendment will be prepared to incorporate this provision. In the interim, units meeting this limitation will be allowed to exist and new units which don't violate the building separation requirements may be permitted. This section of the Code, Section 4.02.01 D.9., was amended as part of Ordinance 10 -67 § 3.Q; however, the amendment failed to codify SC 07 -01. That amendment was drafted to allow unenclosed pool equipment to encroach into any required yard. During the review of this pool equipment amendment by the Collier County Planning Commission, the term "pad mounted" was replaced with "ground (slab -on- grade) mounted." 1 LTDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 01 D AC Encroachment LDR 0319 CC 032019.docx 3/23/2012 9:35 AM 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 Text underlined is new text to be added TE)d s4riket .r gh is t t d to M deleted.- Bold text indicates a defined term The proposed amendment codifies how elevated A/C units are being regulated and the decision outlined in SC 07 -01. The amendment also deletes the reference to permanent emergency generators from this section, as these are currently provided for in Section 4.02.01 D. 13. FISCAL & OPERATIONAL IMPACTS: The proposed amendment does not result in any fiscal or operational impacts RELATED CODES OR REGULATIONS: LDC Section 3.02.06 E. General Standards for Flood Hazard Reduction GROWTH MANAGEMENT PLAN IMPACT: N/A ADVISORY BOARD RECOMMENDATIONS DSAC: Recommendations were incorporated into the proposed text. OTHER NOTES/VERSION DATE: LDC Ordinance No. 10 -23, § 3.Q Prepared by Christopher O. Scott, Senior Planner, Growth Management Division on February 29, 2012. Amend the LDC as follows's 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts D. Exemptions and exclusions; from design standards. 9.' Fences, walls and h g 1 toPtjeesed , sub section 5.03.02, ground (°' ^" ^^ ^r ^d^4 mounted air conditioners, unenclosed pool equipment and well pumps, are permitted in required yards, subject to the provisions of section 4.06.00. This includes air conditioners that are ground mounted and those reauired to be i elevation, including their on of structures is maintai 1Lr] AWS And' orriinr+nn ^c 2 I:\LDC Amendment 2012 Cycle 1)Amendment Revisions\Author Revisions \4 02 01 D AC Encroachment LDR 0319 CC 032019.docx 3/23/2012 9:35 AM Text underlined is new text to be added. Text StFikethmugh ' .,t text to he deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: N/A DEPARTMENT: N/A AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 4.02.04 Standards for Cluster Residential Design CHANGE: Correct the word "principle" with "principal" REASON: Spelling error FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None' applicable GROWTH MANAGEMENT PLAN IMPACT: Not applicable OTHER NOTES/VERSION DATE: Design Standard Minimum lot 'area per single family unit 3,000 sq. ft. Minimum lot width'- Cul -de -sac lots 20 feet All other lots 40 feet Minimum setbacks Front yard front entry garage side entry garage 20 feet 10 feet Side yards zero lot line on one side no zero lot line 10 feet remaining side 5 feet each side Rear yard pr-il;Giple principal structure accessory structure 10 feet 3 feet I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 111411 \4 02 04 Standards for Cluster Residential Design—spelling error- LDR 111411.docx 3/23/2012 9:36 AM Text underlined is new text to be added uJ Bold text indicates a defined term 2 L \LDC Amendment 2012 Cycle 1\Amendment Revisions \DSAC \DSAC Subcomittee \DSAC LDR Amends Reviewed 111411 \4 02 04 Standards for Cluster Residential Design—spelling error- LDR 111411.docx 3/23/2012 9:36 AM Text underlined is new text to be added. T .a i 'L •M h' 4 .h to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division — Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTIONS: 4.02.14 Design Standards for Developmer. ACSC -ST Districts 9.04.02 Types of Variances Authorized CHANGE: Clearly identify in 4.02.14, the requirements whi ST) Overlay District and those which only „;apply to the Big Concern Special Treatment (ACSC -ST) Overlay District. Clarify in 4.02.14 D, the separate review and ap Island mobile home sites located within4he Urban for other areas of the ACSC -ST. Allow variations from site alteration pursuant to the §380.032(3) Agreement be Florida Department, of Community, Affairs administratively at the time building: permit; in the ST and cfi apply to the Special Treatment Cypress Area of Critical State iss for Copeland:,, and Plantation Area, as these are different than ion Is (unrecorded) subdivision, d of County Commissioners and the 2005, to be reviewed and approved Bring Section 4.02 14 up'to date with other provisions of the LDC and reference applicable sections of the LDC!`as, needed. Grammatical and other corrections REASON: There are additional,xeview criteria and procedures which only apply to the ACSC - ST Overlay District - and not the ST Overlay District, and which criteria and procedures apply to what Overlay District is not clearly, identified in the LDC. The language in 4.02.14 D is not clear as to the process of review for development in the Urban Designated Areas of Copeland and Plantation Island. The subsection allows development in these areas to be reviewed and approved administratively for compliance with Big Cypress Area of Critical State Concern Special Treatment (ACSC -ST) regulations, without having to file a petition for site alteration or site development plan approval. Review for compliance for ACSC - ST regulations occurs at the time building permits are submitted. Although petitions for Special Treatment (ST) permits are not required for development within the Urban Designated Area of Copeland and Plantation Island, an oversight occurred when the provision was included in the LDC. The provision should have also excluded development in these areas from the ST procedures for site alteration and site development plan approval. All applicable subsections should have been referenced in the separate review process for Copeland and Plantation Island. I:1LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx Text underlined is new text to be added Tpxt raLe.1W ..1. 1 CcUgh4a4berl Bold text indicates a defined term In keeping with the intent of the BCC to create less of a burden to build on lots within the Urban Designated Area of Copeland and Plantation Island, staff propose to allow the variance pursuant to subsection 9.04.02 B.1, as authorized by the §380.032(3) Agreement between the Board of County Commissioners and the Florida Department of Community Affairs dated April 26, 2005, to be approved administratively as part of the ST review process pursuant to 4.02.14 D. The Agreement states the following with regards to the variance approved pursuant to this Agreement. Minimum Development A development order which authorizes the following development on a group of adjacent lots under common ownership, including on a single lot if only one is owned, within the area described in paragraph 2 shall be an appropriate variance under Fla. Admin. R. 28- 25.001: Site alteration, including dredging and filling, of up to 2,500 square feet, regardless of the pre - development vegetation." Staff proposes that the building permit, along with review for compliance with ACSC -ST regulations, would be the appropriate development order authorizing the variance pursuant tothisAgreement. In some instances the provisions in 4.02.14 are outdated and in need for rewrite. Numerous revisions to the LDC have occurred since this section was originally written. FISCAL & OPERATIONAL IMPACTS: As: building permits in Copeland and Plantation Island are already reviewed for compliance with:`Big Cypress` Area of Critical State Concern Special Treatment (ACSC -ST) regulations, no additional cost would be incurred by the County. According to the fee schedule approved by the BCC, 'the cost of a residential variance petition is 2,000. In addition to fees saved on the part of lot owners in these areas, time would be saved in the processing of these variances. RELATED CODES OR REGULATIONS: §380.032(3) Agreement between the Board of County Commissioners and the Florida Department of Community Affairs dated April 26, 2005 3608809 OR: 3788 PG: 3788) GROWTH MANAGEMENT PLAN IMPACT: The Agreement between the Board of County Commissioners and the Florida Department of Community Affairs is referenced in the FLUE. Criteria for review in Goal 10 of the Conservation and Coastal Management Element (CCME), for development within the Special Treatment (ST) Overlay District are required and referenced in CCME Policies 10. 1.7 and 10.3.15. These Policies state the following. Policy 10.1.7: Objective 10.1 and its accompanying policies and the LDC shall serve as criteria for the review of proposed development within the "Special Treatment" ( "ST ") Zoning Overlay District. 2 I:1LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisionsl4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx 1 2 3 4 5 6 7 Text underlined is new text to be added. T-e..t stFiket[IFOUgh is GUFFent te)d to be deleted-. Bold text indicates a defined term Policy 10.3.15: All new development proposed on undeveloped coastal barrier systems shall be reviewed through the County's existing "Special Treatment" ("ST") zoning overlay district. Objective 10.3 and its accompanying policies shall serve as criteria for such review. OTHER NOTESNERSION DATE: Created March 14, 2012. Amended March 19, 2012 Amend the LDC as follows: 4.02.14 - Design Star All —de —ve—1 o6r, t orders issued within the T and ACSC-S oncern Special Treatment Overlay (ACSC-ST) area shall comply with the, lorida Administrative Code, as amended, Boundary and Regulations- for the ress Area of Critical State Concern. 8 9 All development orders issued for projects within the Big GypFess Area of, 10 GE)RGeFR ACSC-ST shall be transmitted to the State of Florida, 11 ,Department of Community Affairs, for review with the potential for appeal to! 12 the administration commission pursuant to 'F'lorida Administrative Code, development order Requirements for Areas of Critical State Concern.' 13 4 i-, 14 C. is Site alteration within the ACSC-ST_ J 16 17 Site alteration shall be limited to ten (10) percent of the total site size,' 18 and installation of noripermeable surfaces shall not exceed fifty_(50), 19 percent of any such area. However, a minimum of 2,500 square feet, 20 may be altered on any permitted site.; 21 2. 22 Any nonpermeable surface greater than 20,000 square feet shall, 23 provide for release of surface runoff, collected or uncollected, in a 24 manner approximating the natural surface water flow regime of the 25 area. 26 3. 27 Soils exposed during site alteration shall be stabilized and retention' 28 ponds or performance equivalent structures or system maintained in 29 order to retain runoff and siltation on the construction site. Restoration 30 of vegetation to site alteration areas shall be substantially completed 31 within 180 days following completion of a development. Revegetation, 32 shall be accomplished with preexisting species except that 33 undesirable exotic species shall not be replanted or propagated., 3 LTDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions\4 02 14 D and 9 04 02 B 1 - ACSC-ST (031912 - SL).docx Text underlined is new text to be added. AkethFeugh 06 GUFFent te)d to be deleted. Bold text indicates a defined term 34 Exotic species Included are enumerated in section 3.05 08 of this! 35 code.' 36 37 No mangrove trees or salt marsh grasses shall be destroyed or 38 otherwise altered. Plants specifically protected by this regulation 39 include: all wetland plants listed by the Florida DEP in the Florldai 40 Administrative Code.! 41 5.'; 42 Fill areas and related dredge or borrow ponds shall be aligned; 43 substantially in the direction of local surface water flows and shall be 44 separated from other fill areas and ponds by unaltered areas of 45 vegetation of comparable size. Dredge or borrow ponds shall provide' 46 for the release of stormwaters as sheet flow from the downstream end' 47 into unaltered areas of vegetation. access roads to and between fill 48 areas shall provide for the passage of water in a manner, 49 approximating the natural flow regime and designed to accommodate 50 the fifty (50) -year storm. Fill areas and related ponds shall not 51 substantially retain or divert the tidal flow in or to a slough or strand or 52 significantly impede tidal action in any portion of the estuarine zone ' 53 6. 54 Manmade lakes, ponds, or other containment works shall be 55 1 constructed with a maximum slope of thirty (30) degrees to a depth of 56 six (6) feet of water. When mineral extraction is completed in new 57 quarrying lakes, shoreline sloping, planting of littoral shelves with' 58 nursery-grown aquatic vegetation, restoration or revegetation of the' 59 property, and disposal of spoils or tailings shall be completed before; 60 abandonment of the site. Existing quarrying lakes are exempt from! 61 this provision, except that whenever any person carries out an activity' 62 defined in § 380.04, F.S. as amended, as development or applies for 63 a development permit as defined in § 380.031, F.S. as amended, to 64 develop any existing quarrying lake area, these regulations shall 65 apply. 66 7. 67 Finger canals shall not be constructed in the ACSC -ST area.' 68 8.' 69 This rule shall not apply to site alterations undertaken in connection' 70 with the agricultural use of land or for the conversion of land to 71 agricultural use. 72 9. 73 Drainage., 74 a.. 75 Existing drainage facilities shall not be modified so as to: 76 discharge water to any coastal waters, either directly or 4 LIDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx Text underlined is new text to be added. a: ..h is nt te.A to he deleted. T t keth. Bold text indicates a defined term 77 through existing drainage facilities_ Existing drainage 78 facilities shall not be expanded in capacity or length except in' 79 Conformance with subsection 4.02.14 C.9.b. immediately; 80 following; however, modifications may be made to existing;. 81 facilities that will raise the groundwater table or limit saltwater 82 intrusion 83 b g 4 New drainage facilities shall release water in a manner; 85 approximating natural local surface flow regime,. through a 86 the spreader pond or performance equivalent structure or system„ 87 either on -site or to a natural retention or filtration and flow area., 88 New drainage facilities shall also maintain a groundwater; 89 level sufficient to protect wetland vegetation through the use 90 of weirs or performance equivalent structures ors stem. Said; 91 ffacilities shall not retain, divert, or otherwise block or channel'; 92 y g strand slou or estuarine, the naturally occurring flows in a _ _ , g 93 area. I 9 4 cl 95 New drainage facilities shall not discharge water into any; 96 coastal waters whether directly or through existing drainage 97 facilities.' 98 99 I his rule shall not apply to - -- T pp y drainage facilities modified or' 100 constructed in order to use land for agricultural purposes or to 101 lit ' convertert land to such use J 102 10. 103 Transportation. 104 a. 105 7ransportation facilities which would retain, divert or otherwise 106 block surface water flows shall provide for the reestablishment 107 of sheet flow through the use of interceptor spreader systems;_ 108 or performance equivalent structures and shall provide for the. 109 passage of stream, strand, or slough waters through the use of 110 bridges, culverts, piling construction, or performance- 111 equivalent structures or systems i 112 b. 113 Transportation facilities shall be constructed parallel to the 114 local surface flow, and shall maintain a historic ground level; 115 sufficient to protect wetland vegetation through the use of 116 weirs or performance - equivalent structures or systems and as 117 feasible, the flows in such works shall be released to natural 118 retention filtration and flows areas., 1.19 C. L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx Text underlined is new text to be added Bold text indicates a defined term 12 0 Transportation facility construction sites shall provide for 121 siltation and runoff control through the use of settling ponds„ 122 soil fixing, or performance - equivalent structures or systems.;, 123 11_ 124 Stru cture installation 125 a 126 Placement of structures shall be accomplished_ in a manner, 127 that will not adversely affect surface water flow or tidal action.: 128 pl 129 Minimum low floor elevation permitted for structures shall be! 130 at or above the 100 -year flood level, as established by the; 131 administrator of the federal flood Insurance Administration.' 132 The construction of any structure shall meet additional federal 133 flood insurance land management and use criteria.' 134 cI 135 This rule shall not apply to structures used or intended for use: 136 in connection with the agricultural use of the land. 137 D. 138 ,Port of the Islands, Copeland, and Plantation Island mobile home sites. Port' 139 of the Islands, Copeland, and Plantation Island mobile home sites are, 140 'developments located within the Urban Designated 141 Area, but are also located totally within the Big Cypress Area of Critical State' 142 ;Concern. A portion of the development was determined "vested" by the State; 143 of Florida, thus exempting it from the requirements of F.S. ch. 380. There is' 144 an existing development agreement between Port of the Islands, Inc., and 145 the State of Florida, Department of Community Affairs d°^^cmeRt ^f 146 eemrn nity affairs dated July 2, 1985, which regulates land uses at Port of the 147 Islands. Development devellopme within Port of the Islands shall be 148 'regulated by the development agreement and the residential density and 149 commercial intensities shall not exceed that permitted under zoning at time of, a 150 'adoption of the GMP. Development within the l Fban designated ^raFeas Urban; 151 Designated Areas of Copeland and Plantation Island mobile home sites shall 152 be vie and admiRiStFative app reviewed and approved 153 administratively by the County Manager or his. designee for compliance with 154 Area of Critical State Concern regulations. Development w+If within the Urban: 155 Designated Areas of Copeland and Plantation Island mobile home sites shall' 156 not be required to go through the process of filing a petition for site alteration. 157 or site development plan approval, pursuant to sestien 4.02.14 G, and not be 158 required to follow the procedures for site alteration plan or site development 159 plan approval pursuant to 4.02.14 E, 4.02.14 F.2 and 4 02 14 F.3. This does 160 not exempt bite development plaRS Feq fired in seGtOOR 110 02 03 161 development orders required pursuant to Chapter 10 of the Code. There is 162 also an agreement for Plantation Island between the Board of County 163 Commissioners and the Department of Community Affairs to allow site' 6 hLDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx 164 1-65 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 86 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 07 Text underlined is new text to be added. T of 4 'L th h ' n n..rre Rt te.h to he deleted Bold text indicates a defined term E.; Site alteration plan or site development plan approval required. Prior to they clearing, alteration, or development of any land designated ST or ACSC ST„ he property owners or Ns their legally designated agent shall apply for and; receive approval of a site alteration plan or site development plan, as the; case may be, by the BCC as provided ink 4.02.14 F- jbelowj.% F - tli'ir Procedures for site alteration plan or site development plan approval for development in ST or ACSC -ST designated land.' Preapplication conference. Prior to filing a petition for site alteration'; or site development approval of ST or ACSC -ST land, the petitioner shall request and hold a preapplication conference with the g sewinen edirentor aped anoranriate ao6Inge staff J - „-. County Manager or designee. The preapplication conference is for the purpose of, guidance and information, and for ensuring insofar as is possible, that the petition is in conformity with these regulations. No petition fnr +he, site lteF tion er site deyeln r 9! nnrnve I will he annentea far farmal ornne ina until the p!af finer ner..inen direnter has reviewed the 30 days nh II be allowed for thin p"se of the revintei ornnenn (`n infie'. r7ta7 °r visit the site, whe 90ate- 2. Review and recommendation by ah,nnin.. nnniinnn rlirentnr n annfn l nnmminninn and envirenment `r/„ fy c-eu it the County Manager: or designee, Planning Commission and Environmental Advisory; Council. The site alteration plan or site development plan shall be submitted to the County Manager on designee who shall have it reviewed by the appropriate county staff.i The plangiRg I edireGtGf County Manager or designee shall then' forward the site alteration plan or site develop_ ment plan and the; county staff recommendations to the plqnniRg GOMMissien Planning'. Commission (CCPC) and the enVriranrv ental .dy*snn, GIDURGi'' Environmental Advisory Council (EAC) for review and recommendation. "'either the planRiRg nnmminninn nnr the Hearings before the CCPC and EAC review shall require a p blie. h°.,ri ^^ are: not required to be legally advertised and not required to provide Aef notice to the abutting property owners, but shall be held in a regular meeting. The plannineY nnmminninn and CAS` rennmmeRdatinnn and GO Unfi,staff renammLe datinnn Recommendations from the CCPC, EAC and staff shall be forwarded to the BCC for final action.; L \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx hLDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx Text underlined is new text to be added T-e)d n+riLeth... h h I{ t W Ci H Bold text indicates a defined term 3 208 209 Final action by Board of County, 210 Commissioners (BCC). Final action on the site alteration plan or site 211 development plan lies with the BCC. The beafd BCC shall review the_ 212 proposed planlacteresolut213imeetingandandshallformallybresolutionstipulating! y y p g 214 reasons for approval, or approval with modification, or denial of the 215 site alteration plan or development plan.; 216 217 Other permits required. The petitioner may at any time during the' 218 county review process apply for the appropriate local, state and 219 federal permits for the alteration or development of the subject! 220 property.: 221 5j 222 Commencement ofsite alteration or-site development. Upon' 223 obtaining all required local, state and federal permits in order to alter 224 or develop the subject property, the petitioner may commence 225 alteration or development in accordance with the conditions and' 226 requirements of said permits.; 227 G. 228 Submission requirements for site alteration plan or site development plan: 229 approval for development in ST or ACSC -ST designated land. The following. 230 shall be submitted in a petition for site alteration or site development, 231 approval of ST or ACSC -ST land, where applicable:' 232 1. 234 235 to the petition h., the pip G+D Y, II l Ap d-ir + petition y N,u, ,,, , 236 a: 237 Ti+io of the n, „io,.+ l aly VTCTRi-- pT'C7JG'Gf; 238 239 Nimes of +he nrnion+ nl ,nr,er ^Rd d l 240" 241 Date. I 242: 243 244 Q; 246 247 248 o,.o +., +,o ,..;,, ,:i+ a .,,+ ,., idrfe 249 ihabi +o+ Habitat a d th beundaNes will be _ t a with hLDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx 250 51 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 72 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 191 Text underlined is new text to be added. Texta F ' Fh n nh nF text to he deleted. Bold text indicates a defined term 2. D hLDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx d`. Drenn viJ c.nroon --g -nd buffering o nnllon "i -n are s_ and d±elir7 wa_s_te 2. D hLDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx 10 hLDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx Text underlined is new text to be added u..h is + Frikethro d+ be deleted. Bold text indicates a defined term 292 Locations for beach access as required the Beach Access Ordinance' 293 No. 76 -20 [Code ch. 146 art. 1111 or Its successor In function 294 295 296 bu ldings 297 numbel: of dwellinn 2 9 8 p,urr a -a ..h +,,., 299 300 Document that the project is consistent with 3 03 00 and the 301 Obiectives and Policies in Goal 10 of the Conservation and Coastal 302 Management Element of the GMP. I! 303 304 4 305 307 Lot area. 308' 309 n„ Deed .,,c f e h f! ,.r! 310 311 Number- fIGG-F 312 313 314 of-n 4 :gee __.._.__ 315 e , 316 Park;mg area 317 318 G+ Tv• arm AG, 319 g:. 320 Ir r•7nnr and td ti 321 322 wateF FequiFement 323 r_ - -- -- - _--- -- - - -- - --._-_ __ -- . _ _ _ - -. 325 326 RaRS fGF . ignS if an„ 327 328 329 tPi} iev ;6 PeFti. teeRtn - t9 t d- i„ v atien of th + , 330 alteration pla,, , nr site development I items shall ber 331 ReFida _.- _. su. - _ _ _ ,_ 10 hLDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 54 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 Text underlined is new text to be added. Text strikethFOUgh is GUFFent text to be deleted. Bold text indicates a defined term A ell., ifelopment9fFegi, nn al . !fppaGtFeyi"aS-Fe-qu* „red by-F=.-S.- U0,06, as arnended,if ppp4gaiplet, An te c.neniec c,rniey using methedelegy ofappfepFete(4ed name fFeshwater, fish rern.m.issien Shall benand FeqU IRG'ude Arp-m•-I ij Fed. An_appFqpiziq+e ffete•ted spedes suFvey should fel: speGies known eF likely te GGG61F OfGORSideFatiens h;;h;tats an the deypIqpnqppt area _ FAI!ff7" r + tE) prevent FeinvasiGR ef the - it--b, —XGt;G r,,peGhe6. This plafl, whmGh will deSGrib8 GGRtFGI teGhR;ques and inspeGtOE)R inteFvat&-, shall be filed with and 661bjeqt to approval by the GGFFIMWRit! 11 LTDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions\4 02 14 D and 9 04 02 B I - ACSC-ST (031912 - SL).docx 12 hLDC Amendment 2012 Cycle 1\Amendment RevisionsWuthor Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx Text underlined is new text to be added. Tn)d ..h iS tst.ak..th. d to be deleted, Bold text indicates a defined term 374 planning seniines sir + d with the standard 3 7 5 ed in "pter . R..N 376 H. 377 Exceptions from public hearing requirements. The manning sen,ine .-firer•+ r 378 County Manager or designee may administratively approve a site alteration 379 plan or site development plan for land designated ST or ACSC -ST without; 380 the public hearing otherwise required by this section if:' 381 382 The, area of the proposed alteration or development is five (5) acres' 383 or less in gross area; there are no transfer of development rights; 384 involved, and the following conditions, where applicable, exist: 385 a, 386 T he proposed site alteration or site development will occur on' 387 land that was lawfully cleared and no more than ten percent of 388 the cleared lands have re -grown with native vegetation.: 389 b.' 390 Where the proposed alteration or development involves a; 391 single- family principal structure or the renovation or 392 replacement of a single-family structure and the proposed site_' 393 alteration or site development plan will not require any 394 significant modification of topography, drainage, flora, or fauna_ 395 on the site. "Significant modification" shall mean modification! 396 greater than 15 percent of the site.; 397 c.! 398 No will bollutantsp e discharged from the area that will degrade 399 the air, water or soil below the levels existing at the time of 400 application. 401 d. 402 Water management berms and structures proposed for the! 403 protection and /or enhancement of the ST areas will meet the 404 minimum dimensions permitted by the South Florida Water 405 Management District.' 406 2. 407 Temporary site alteration for oil and gas geophysical surveys and 408 testing. "Temporary site" alteration shall mean only those alterations' 409 involving and cutting of vegetation for surveys and equipment entry,, 410 drill shot holes not exceeding six inches in diameter and rutting 411 associated with vehicle access. Trimming of vegetation for access; 412 routes shall be kept to the minimum width necessary for surveying and 413 testing. The site shall be restored as required by federal, state and', 414 county permits within 90 -days of t he start of the project., 415 3. 12 hLDC Amendment 2012 Cycle 1\Amendment RevisionsWuthor Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx Text underlined is new text to be added. Fiketh Wugh in euFFent text to be deleted Bold text indicates a defined term 416 Where a conditional use has been a roved ^' ^^ ,. 'th a4 417 -- - -- a ien , r mental 'meant t `vmvnt /CIC\ nr an evemntinn from th 418 ren, ment for an EIS has been gran +Iqq nwsuaRt tO see +inn '1n n7 n7' 419 0 this - Bede.` 420 j _._ 4 21 Site alteration or site development around existing communication; 422 towers to expand or construct accessory structures associated with an 423 already existing tower, not to exceed five acres.; 424 5. 425 'All other site alteration or site development plan approvals of any size! 426 shall be as required to comply with the provisions_ in ° °nvccci^vns 4.02._14. lq 427 D -, E and F -, as applicable.] ' i - 428 L s shale exempt from the requirements of429ExemptionsmgaThefollowinglbe 430 ser-nion- m 4_02 14 E and F. 431 432 Removal and con a... I _ trol of exotic vegetation as defined in Chapter 3 of 433 this Code , 434 2. 435 .Prescribed fires and associated firebreaks as approved by the Florida. 436 Department of Forestry.] 1,37 438 Removal of non-nativeve vegetation pursuant to Chapter 3 of this Code. 439 440 plan eF site develepment plan. Any medifiG 441 e'F the sate alteration elan or site development plan as annrover by the+ vrzrrc rzc— urccn- rcrorrprari- vr- vrc cr LrvPm rrc- Prcfrrcrrappro a ccro rrr; 442 GOU ty, WhiGh would alter the intent and p y pese of then ST OF AG& ST' 443 reg ulatinn re Wires the nrnned ire .sort annrnval as if fnr a ne An netitinn 444 * * 445 446 447 9.04.02 -Types of Variances Authorized 448 A variance is authorized for any dimensional development standard,' 449 including the following: height, area, and size of structure; height of fence; size of 450 yards and open spaces; dimensional aspects of landscaping and buffering' 451 requirements; size, height, maximum number of, and minimum setback for signs;' 452 and minimum requirements for off - street parking facilities; and fnr site alterations 453 'r arrllec+p of nred le m eRt -vegetation, OR IA-YJ ithi r- Plantation leland 1 Init' re ara a'rPr T`?PT' -r 454 _ . _Unit ThFee, Sub,d YS 455 (unrennr,-7ed 456 57 A. 13 LIM Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 Text underlined is new text to be added. T-e)d St Fiketh... gh t! .F . 4 be deleted.- Bold text indicates a defined term Variances for signs. The variance procedure for signs is provided in section: 5.06.00, the Collier County Sign Code.! lets, within thePlantatitlYt island - UM -One, I In't T,Ain —and Unit Three' _.., 26, 2005, Fegarding PlaRtatw9R island- SubdivisSion within _- sprees Aroma+ of i`ri4io -1 State /inn - . -- fFGM the' u , fillinnv of „n e _ M .pro .+ foe4 ronrrlln f...._ .J I L _.... v 14 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx wateF steFage Ga,p..a(My, c. est , 14 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx wateF steFage Ga,p..a(My, c. rfaGe i ter est , r'n fisheFies as, J' "'." by M 7 f Clor,A and Adm,ni tr` fideawthntr,Zed RuleJ -_ 29 2-011, uuv Code. Code 14 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \4 02 14 D and 9 04 02 B 1 - ACSC -ST (031912 - SL).docx Text underlined is new text to be added. T ..+ + 'L +h h n n n+ +e.A to he deletedre Bold text indicates a defined term LDC Amendment Request ORIGIN: Public Services Division — Parks and Recreation Department AUTHOR: Barry Williams, Director, Parks and Recreation DEPARTMENT: Parks and Recreation AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 4.05.02 Design Standards, 4.05.04 Parking Space Requirements CHANGE: At present, any development with over 200 parking spaces, including public parks, may surface fifteen (15 %) percent of the required off - street parking spaces in grass. Additionally, the County Manager may allow houses of worship and schools to use grass parking for up to seventy (70 %) percent of their parking spaces if it is determined that the paving will have a significant negative impacts (4.05.02 B.2). This amendment proposes to remove the 200 parking space threshold for public parks and similar community facilities, such as ball fields, playgrounds, and privately owned neighborhood parks and allow these facilities to utilize grass parking for up to seventy (70 %) percent of the off - street parking requirement. Consistent with the current Code, the grass parking areas will be compacted, stabilized, well drained and surfaced with a durable grass cover. Driveways, handicapped spaces and access aisles will be paved. The proposed language outlines how grass parking spaces shall be reviewed for stormwater management calculations. The language seeks to provide flexibility for future paving needs by requiring adequate stormwater management facilities during the initial development phase. The provision states that grass parking in excess of fifteen (15 %) percent of the required off - street parking shall be considered impervious for Collier County and the South Florida Water Management District water management calculations. The fifteen (15 %) percent threshold maintains the standard for developers, utilizing grass parking. The section will also allow an applicant to consider all of the grass parking spaces as an impervious surface and thereby provide adequate stormwater management facilities if the parking spaces are paved in the future. The amendment also seeks to consolidate all grass parking provisions into Section 4.05.02 - Design Standards. It is proposed that the existing provision in Section 4.05.04 - Parking Space Requirements is removed and relocated Section 4.05.02. REASON: Public parks and similar community facilities are designed to accommodate seasonal parking needs, peak times and large events, resulting in unused parking spaces the majority of the time. This type of usage presents an opportunity to employ a cost effective and low impact design strategy. The United States Department of Agriculture recognizes that grass coverage can reduce the runoff rate of rain and water compared to a smoother surface, such as concrete or asphalt Technical Release 55 Urban Hydrology for Small Watersheds, Second Ed. 1986). Permeable surfaces have also been recognized as a cool pavement. The surfaces allow air, water, and water 1 I:\LDC Amendment 2012 Cycle 1\Amendment RevisionsWuthor Revisions \4 05 02 Design Standards and 4 05 04 Parking Space Reqs CC032212.docx 3/23/2012 9:39 AM Text underlined is new text to be added vthM ugh is L L d to he rd 1{ ri Bold text indicates a defined term vapor into the soil creating an evaporative cooling process. Grass surfaces in particular stay cooler because the temperature of the vegetation is generally lower than the surrounding air temperature, particularly after rainfall. However, even when dry, the natural vegetation properties produce lower temperatures than other parking surfaces benefiting the ambient air temperature (Reducing Urban Heat Islands: Compendium of Strategies Cool Pavements, EPA 2008). The proposed relocation of Section 4.05.04 - Parking Space Requirements and consolidation of all grass parking provisions will improve the organization and make the LDC more user - friendly. FISCAL & OPERATIONAL IMPACTS: Grass parking costs considerably less than other pervious and impervious parking surfaces, making County park projects less costly. There are maintenance considerations for grass parking, such as irrigation or mowing. A full analysis of these issues has not been considered, but it is generally accepted that grass parking requires little maintenance if appropriately sited. RELATED CODES OR REGULATIONS: South Florida Water Management District regulations and Section 4.05.02 B.2 of the LDC. GROWTH MANAGEMENT PLAN IMPACT: No discernable impact. STAFF RECOMMENDATION: Growth Management Staff support the proposed language. A full review of the grass parking standards shall be conducted in conjunction with the future Low Impact Design (LID) Recommendations of the Watershed Management Plans. ADVISORY BOARD RECOMMENDATIONS: DSAC: DSAC approved an earlier draft, which has been revised to include stormwater management calculations and the consolidation the subsections 4.05.02 B and 4.05.05 D. DSAC recommended added the following components: 1.) to provide grass parking Lin accordance with the South Florida Water Management District regulations;' 2.) added 'similar community uses' to have the same opportunity for grass parking as public parks, 3.) increase the grass parking percentage to 50 %; 4.) Include a citation for houses of worship and schools. EAC: 2/1/12: Recommended that Section 4.05.04.D.2 be modified from 50% to 80% percent; Section 4.05.04.D.I to read — "Developers providing parking lots in excess of 200 parking spaces may surface up to forty (40 %) percent of the required off street parking spaces in grass. Said grass parking spaces shall be located in a suitable on site location." 3/7/12: Recommended to insert "public parks" after houses of worship in subsection 4.05.02 13.2.b. with no other changes. OTHER NOTESNERSION DATE: December 14, 2011, February 21, 2012, March 14; March 22, 2012 Amend the LDC as follows: 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \4 05 02 Design Standards and 4 05 04 Parking SpaceReqsCC032212.docx 3/23/2012 9:39 AM Text underlined is new text to be added. Bold text indicates a defined term 1 4.05.02 — Design Standards 2 3 B. Parking lots and spaces shall meet the following surfacing standards: 4 1. Be surfaced with asphalt, bituminous, concrete or dustless material and 5 maintained in smooth, well - graded condition. Upon approval of the County 6 Manager or designee, a suitable material (lime rock excluded) with a suitable 7 stabilized subgrade may be substituted for the above materials. 8 2. Grass Parking Spaces Grass parking spaces shall be compacted, stabilized, 9 well drained and surfaced with a durable grass cover. Grass parking spaces may 10 be used to satisfy the required off street parking requirements of Section 4.05.04 11 in the following circumstances: 12 a Grass parking spaces in excess of fifteen 0 5 %) percent of the total 13 required off - street parking shall be considered as an impervious surface 14 in water management calculations for quality and quantity standards per 15 the South Florida Water Management District and Collier County 16 regulations Applicants may consider all grass parking spaces impervious 17 in the water management calculations Driveways handicapped spaces 18 and access aisles shall be paved. 19 b. Up to seventy (70 %) percent of the parking spaces for houses of worship 20 and schools may be surfaced with grass or lawn, when. `^--o hen the County 21 Manager or designee determines that the paving of some or all parking 22 spaces for houses of worship and schools will have significant negative 23 environmental impacts*, the County ManageF or designee Fn 24 that these paFki ig spa es not be paved. 25 c Developers providing parking lots in excess of 200 parking spaces may 26 surface fifteen (15 %) percent of the required off - street parking spaces In 27 grass Such grass parking spaces shall be located along the outlying 28 perimeter of the parking lot; 29 d Public Parks and similar community uses may surface seventy (70 %) 30 percent of the required off - street spaces in grass. 31 3. SpaGes that are not paved shall be GernpaGted, stabilized, well drained and 32 33 4. Driveways, handiGapped spaGes and aGGess aisles shall be paved, 34 # # # # # # # # # # # # # 35 4.05.04 — Parking Space Requirements 37 38 N 5%) 39 40 41 Driveways, handiGapped spaGes and aGGess aisles shall be paved. All grassed paFking 42 spaGes shall be induded in the wateF management GaIGUlations for site development 43 plan - review-. 44 # # # # # # # # # # # # # 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 05 02 Design Standards and 4 05 04 Parking Space Reqs CC032212.docx 3/23/2012 9:39 AM LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Nick Casalanguida, Deputy Administrator DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 4.06.02 Buffer Requirements CHANGE: This amendment seeks to expand th e projects to share or remove buffers between similar the site. At present, the LDC provides an excepti o zoned property in subsection 4.06.02 C- Table of allow for commercial outparcels within a shopping facilities that abut other industrial zoned properties t reduced tree plantings adjacent to the side and rear p The amendment proposes to expand the landscape apply to outparcels within business parks and come the elimination of these buffers in order for infrastructure facilities. This provision would be shared maintenance and access easement. Text underlined is new text to be added. Te.h n1riLeth.eUeh is eRt text 4e he deleted Bold text indicates a defined term shared buffer provisions to allow unified ly zoned properties in order to better utilize n for commercial outparcels and industrial Buffer Requirements. The current exceptions center to have a shared buffer and industrial o install a -.5 foot wide landscape buffer with for shopping centers to also snts. The amendment allows share parking and other operty owners obtaining a The amendment also reduces the shared buffer between commercial outparcels within shopping centers and business parks. Currently, a 15 -foot wide shared buffer is required, with each property contributing 7.5 feet. The amendment seeks to make this a shared 10 -foot wide buffer, with each abutting property contributing 5 feet. REASON: The proposed changes seek to provide flexibility to the landscaping buffer section for commercial and industrial properties. Allowing businesses to share a buffer or establish shared parking facilities will grant the developer and the property owner design creativity and better utilization of their lots, and may reduce the number of needed driveways and curb cuts onto local streets and access roads. The proposed changes will also assist redevelopment projects that may not meet the current code buffer or parking provisions. All exterior buffering requirements will still apply and sites will be required to meet parking lot landscaping requirements, including vegetative parking islands. The following graphics depict the proposed change: 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 02 Buffer Requirements 032312.docx 3/26/2012 1:38 PM t I 1 j I I I I I I I I j j L._._._._.—._._ '_._.— .— .L. -------------------- I Text underlined is new text to be added. Text rtpikethrn nh is nt text to he .deleted Bold text indicates a defined term I I I I I I I Shared Pa rking I t I 1 I I I I j I 1 I l I Images I and 2: Before and After Illustrate a current standard outparcel configuration and a potential site plan configuration utilizing the shared infrastructure configuration. Image 3: A Local Example A local example of the buffer alternative is located on Pine Ridge Rd. and Airport Pulling Rd. Here, a uniform project would have allowed two restaurants in a shopping center the ability to share parking spaces and improve internal access. There would also potential for an outdoor hardscape eating area for restaurant patrons near the pond. Resource: Collier County GIS /CAD Mapping Section Image 4: A Unified Project Image 4 depicts a unified project —two restaurants in Raleigh, North Carolina which created an outdoor seating area on the shared buffer space. Resource: www.maps.google.com 2 hLDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 02 Buffer Requirements 032312.docx 3/26/2012 1:38 PM Text underlined is new text to be added. Text ntr'Leth...W gh is GUFFent Vex{ to he deleted Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: The uniform project will allow for new innovative designs and provide for greater flexibility for redevelopment sites. RELATED CODES OR REGULATIONS: 4.05.02 Design Standards GROWTH MANAGEMENT PLAN IMPACT: N/A ADVISORY BOARD RECOMMENDATIONS: DSAC: Recommended that "similar commercial development" be added to the list of exceptions of commercial outparcels. Further that the shared buffer would be 10 feet wide rather than 15 feet wide, with each adjacent property contributing 5 feet. OTHER NOTES/VERSION DATE: March 5, 2012 Amend the LDC as follows: 1 4.06.02 - Buffer Requirements 2 3 A. Applicability of buffer requirements. The buffering and screening shown in table 2.4 below 4 shall be required under this section and shall apply to all new development. Existing 5 landscaping which does not comply with the provisions of this section shall be brought into 6 conformity to the maximum extent possible when: the vehicular use area is altered or 7 expanded except for restriping of lots /drives, the building square footage is changed, or 8 there has been a discontinuance of use for a period of 60 consecutive days or more and a 9 request for an occupational license to resume business is made. 10 Subdivisions or Developments shall be buffered for the protection of property owners 11 from land uses as required pursuant to this section 4.06.00. bBuffers shall not inhibit 12 pedestrian circulation between adjacent commercial land uses. bBuffers shall be installed 13 during construction as follows and in accordance with this section 4.06.00: 14 1. To separate residential Developments from commercial, community use, industrial and 15 public use Developments and adjacent expressways, arterials and railroad rights -of- 16 way, except where such expressway, arterial, or railroad right -of -way abuts a golf 17 course. 18 2. To separate commercial, community use, industrial and public use Developments from 19 residential Developments. 20 3. To separate subdivisions of residential property that do not result in the submittal of a 21 site development plan pursuant to the provisions of section 10.02.03 from other 22 residential properties. 23 Separation shall be created with a landscape buffer strip which is designed and 24 constructed in compliance with the provisions of this section 4.06.00. Such buffer 25 strip(s) shall be shown and designated on the final plat as a tract of easement and shall 26 not be located within any public or private right -of -way. The ability to locate buffer(s) 27 within a platted or recorded easement shall be determined pursuant to the provisions of 28 this section 4.06.00. buffers adjacent to protected /preserve areas shall conform to the 29 requirements established by the agency requiring such buffer. 30 Landscape buffers, when required by this Code, this section 4.06.00, or other county 31 regulation shall be in addition to the required right -of -way width and shall be designated 32 as a separate buffer tract or easement on the final subdivision plat. The minimum 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 02 Buffer Requirements 032312.docx 3/26/2012 1:38 PM 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Text underlined is new text to be added. Text strikethrn gh is .,t text to he deleted Bold text indicates a defined term buffer width shall be in conformance with this section 4.06.00. In no case shall the required buffer be constructed to reduce cross - corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements shall be owned and maintained by a property owner's association or other similar entity and shall be so dedicated on the final subdivision plat. B. Methods of determining buffers. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required pursuant to this Code, the proposed use shall be required to install the more opaque buffer as provided for in table 2.4. Where property adjacent to the proposed use has provided the more opaque buffer as provided for in table 2.4, the proposed use shall install a type A buffer. Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the planning services director may waive the planting requirements of this section. Buffering and landscaping between similar residential land uses may be incorporated into the yards of individual lots or tracts without the mandatory creation of separate tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an easement for buffering and landscaping.' The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), preliminary subdivision plat (PSP) or site development plan (SDP) review, with the installation of the buffering and screening required pursuant to section 4.06.05 G. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffering and screening the same as for the higher intensity uses between those uses. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten - foot -wide landscape buffer with trees spaced no more than 30 feet on center. 2. Alternative B: Fifteen - foot -wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. 3. Alternative C: 20- foot -wide, opaque within one year, landscape buffer with a six -foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right -of -way requirement of a six -foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25 -foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \4 06 02 Buffer Requirements 032312.docx 3/26/2012 1:38 PM Text underlined is new text to be added. Text strkethFGugh is GUFrent text to be deleted. Bold text indicates a defined term 84 4. Alternative D: A landscape buffer shall be required adjacent to any road right -of -way 85 external to the development project and adjacent to any primary access roads internal 86 to a commercial development. Said landscape buffer shall be consistent with the 87 provisions of the Collier County Streetscape Master Plan, which is incorporated by 88 reference herein. The minimum width of the perimeter landscape buffer shall vary 89 according to the ultimate width of the abutting right -of -way. Where the ultimate width of 90 the right -of -way is zero to 99 feet, the corresponding landscape buffer shall measure 91 at least ten feet in width. Where the ultimate width of the right -of -way is 100 or more 92 feet, the corresponding landscape buffer shall measure at least 15 feet in width. 93 Developments of 15 acres or more and Developments within an activity center shall 94 provide a perimeter landscape buffer of at least 20 feet in width regardless of the width 95 of the right -of -way. Activity center right -of -way buffer width requirements shall not be 96 applicable to roadways internal to the development. (See Figure 4.06.02 C.) 97 Figure 4.06.02 C. AM TYPES OF BUFFERS CODE REQUIRED LANDSCAPE BUFFERS LDC 4.06.0241-4. 30' O.C. A TYPE 'A' BUFFER 10 SHRUBS, 4' O.C. 60" HIGH AT PLANTING 25' O.C. 15' TYPE 'S' BUFFER DOUBLE ROW OF STAGGERED TREES 10 SHRUBS, 4' O.C. 60" HIGH AT PLANTING 30' O.C. 20 TYPE 'C' BUFFER DOUBLE - STAGGERED HEDGEROW, #3 SHRUBS 30' O.C. 24• HIGH AT PLANTING A MAINTAINED AT 36' TYPE '0' BUFFER DIMEN. VARIES 301- 15' -20' NOTE: - FLEXIBILITY IN BUFFER PLANTING IS ENCOURAGED. DEPENDING ON ROW WIDTHTREES6SHRUBSMAYOCCURANYWHEREWITHINBUFFER AS LONG AS ON CENTER REQUIREMENT IS MET. BUFFER MAY MEANDER AS LONG AS SPECIFIED WIDTH I5 MAINTAINED. PREPARED BY: OFFICE 6 WAPHICS AND TECHNICAL SUPPORT COMMUNITY KE CPMENT AND EN- MENTAL $ -CES DINSION DATE:3 /07 FILE: LANDSCAPE B-X. 5 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \4 06 02 Buffer Requirements 032312.docx 3/26/2012 1:38 PM Text underlined is new text to be added. Text stFiketh Fo nh 6 nt text to he deleted Bold text indicates a defined term 99 a. Trees shall be spaced no more than 30 feet on center in the landscape buffer 100 abutting a right -of -way or primary access road internal to a commercial 101 development. 102 b. A continuous 3 gallon double row hedge spaced 3 feet on center of at least 24 103 inches in height at the time of planting and attaining a minimum of 3 feet height 104 within one year shall be required in the landscape buffer where vehicular areas are 105 adjacent to the road right -of -way, pursuant to section 4.06.05 C.4. 106 c. Where a fence or wall fronts an arterial or collector road as described by the 107 transportation circulation element of the growth management plan, a continuous 3 108 gallon single row hedge a minimum of 24 inches in height spaced 3 feet on center, 109 shall be planted along the right -of -way side of the fence. The required trees shall be 110 located on the side of the fence facing the right -of -way. Every effort shall be made 111 to undulate the wall and landscaping design incorporating trees, shrubs, and ground 112 cover into the design. It is not the intent of this requirement to obscure from view 113 decorative elements such as emblems, tile, molding and wrought iron. 114 d. The remaining area of the required landscape buffer must contain only existing 115 native vegetation, grass, ground cover, or other landscape treatment. Every effort 116 should be made to preserve, retain and incorporate the existing native vegetation in 117 these areas. 118 Table 2.4 Table of Buffer Requirements by Land Use Classifications - 119 'Buffering in agriculture (A) districts shall be applicable at the time of site 120 development plan (SDP) submittal. 121 2Industrial (1) zoned property, where abutting industrial (1) zoned property, 122 shall be required to install a minimum 5- foot -wide type A landscape 123 buffer adjacent to the side and rear property lines.T-FS The buffer area _ 124 shall not be used for water management. In addition, trees may be 125 reduced to 50 feet on center along rear and side perimeter buffers only. 126 This reduction in buffer width shall not apply to buffers adjacent to 127 vehicular rights -of -way or nonindustrial zoned property. Abutting industrial 128 zoned properties may remove a side or rear buffer along the shared 129 property line in order to share parking and other infrastructure facilities, 130 provided the sites are designed as a unified project and a shared 131 maintenance and access easement is provided. All perimeter buffer yards 132 shall be maintained. This exception to buffers shall not apply to buffers 133 abutting to vehicular rights -of -way. 134 3 Buffer areas between commercial outparcels located within a shopping 135 center, Business Park, or similar commercial development may have a 136 shared buffer 4-5 10 feet wide with each adjaGen abutting property 137 contributing 7-.5 5 feet. The outparcels may remove a side or rear buffer 138 between comparable uses within the same zoning designation in order to 139 share parking and other infrastructure facilities, provided the sites are 140 designed or anticipated as a uniform project with a shared maintenance 141 and access easement. All perimeter buffer yards shall be maintained. 142 This dotes These provisions shall not apply to right -of -way buffers. 143 e. The letter listed under "Adjacent Properties Zoning District and /or Property Use" 144 shall be the landscape buffer and screening alternative required. Where a 145 conflict exists between the buffer required by zoning district or property use, the 146 more stringent buffer shall be required. The " -" symbol shall represent that no 147 buffer is required. The PUD district buffer, due to a variety of differing land uses, 148 is indicated by the " *" symbol, and shall be based on the landscape buffer and 149 screening of the district or property use with the most similar types, densities and 6 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 02 Buffer Requirements 032312.docx 3/26/2012 1:38 PM 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 5 C^ Text underlined is new text to be added. Text StFikethFOUgh is GUFFent te)d to be deleted Bold text indicates a defined term intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. Refer to section 5.05.05 for automobile service station landscape requirements. Business Parks. A 25 -foot wide landscape buffer shall be provided around the boundary of the business park. A six -foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm /wall combination. Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. 7 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 02 Buffer Requirements 032312.docx 3/26/2012 1:38 PM Text underlined is new text to be added. TeA StFiketh.ough 66 GUFFent te.h to he deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Board Directed AUTHOR: Growth Management Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights -of -Way; 4.06.02 Buffer Requirements; and 9.03.02 Requirements of Continuation of Nonconformities " CHANGE: Currently, Section 4.06.03 states that handscaping must be,,,brought to the maximum extent possible when the vehicular use area is altered, expai restriping of lots /drives), the building square footage is changed, or the structure for 90 days or more and a request for an occupational license to'resume the busin During the September 27, 2011 Bo approved a revision to section 4.06 period, rather than 90 days. The justification for the change, and amer Section 4.06.03 is connected to Section 4.06.02 — Buffer Requi states that existing landscaping be brought into conformity to t] has license to Landscaping Requirements for stringent time period to resume with Section 4.06.03. into conformity ded (except for has been vacant ss is made. ommissioners meeting the Commissioners a building to be vacant for a 1 year time ndment supports this revision, provides ctions in the Code. e sections that provide landscape provisions. The first is which outlines the applicability of buffer standards and t in compliance with the standards of the Section shall ium extent possible when the vehicular use is altered or rives), the building square footage is changed, or there riod of 60'' days or more and a request for an s,made. This language is similar to Section 4.06.03 Ir Use Areas and Rights -of -Way, but applies a more ss. It is proposed this section is amended to be consistent Section 9.03.02 — Requirements' for Continuation of Nonconformities, contains two sections which provide time frames for discontinuation of uses and nonconforming features. The Section states that a use that ceases for a time period of more than 180 days, the subsequent use shall bring the nonconforming features into conformity if for the district in which the site is located. The Section provides a 90 day time period for features to be brought into conformity. It is proposed that both time frames described are amended to 1 year in order to be consistent with Section 4.06.03. REASON: The revision to Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights -of -Way was generated by the Economic Recovery Task Force in 2010. The Task Force sought to grant a new property owner or tenant a greater period of time to occupy a 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 03 Landscaping Reqs for Vehicular Use Areas 030912.docx Caroline Cilek 3/23/2012 10:36 AM Text underlined is new text to be added. Bold text indicates a defined term property before the property was required to come into conformity with the current Code. This .-. extension allows new occupants the ability to open their business without incurring landscape renovation costs. The 1 year time frame is supported by economic data collected by CoStar, a commercial real estate information company. Collier County's subscription service allows county level data to be collected. The County's commercial vacancy figures indicate the average vacant time period for a commercial building is 20.4 months. This figure includes commercial properties that range in size from 200 square feet to 2,200 square feet. CoStar's data indicate that a commercial space ranging from 200 square feet to 600 square feet are on the market between 0 and 3 months and up to 21 months. Commercial spaces with 2,200 square feet are listed as on the market for over 22 months. The proposed amendment will provide a greater time period for a "commercial space to become occupied before the need for landscaping improvements is triggered. Based on the market figures from Costar, the greatest benefit will be for new property owners or tenants of smaller properties. However, commercial properties with over 600 square feet will also be granted some relief. The graphs, included in the report, illustrate on ai vacant in the County. The graphs depict the folio` 1.) Time on the Market (Days) 2.) Time Vacant (Days) 3.) Time on the Market (Months) - Current A Resource: "Time on the Market," "Time Vacant," Licensed to Collier County Growth Management 12/1/2011. a ina is b• lilable Square Footage Time on the Market." CoStar Research — ivision. www.costar.com Accessed As Section 4'.06.06 03 Landscaping Requirements for Vehicular Use Areas and Rights -of -Way is related to Section 9.03.02 — Requirements for Continuation of Nonconformities and Section 4.06.02 Buffer Requirements'. It is necessary to make these Sections consistent. FISCAL &OPERATIONAL IMPACTS: Fiscal impacts for new property owners may be significant. An extended time frame will allow more vacant buildings to become utilized without having to incur renovation costs. The fiscal and operational impacts for the County will remain the same. Based on Costar's economic figures, it is presumable that Code enforcement will have fewer buildings to monitor as a reduced number of vacancies will fall into the 1 year time frame. Currently, commercial Certificate of Occupancies are granted and renewed on an annual basis and vacancies are not tracked. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \4 06 03 Landscaping Reqs for Vehicular Use Areas 030912.docx Caroline Cilek 3/23/2012 10:36 AM Text underlined is new text to be added. Text stFikethrer gh is ent text to he deleted Bold text indicates a defined term OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services, October 10, 2011. Edited Dec, 9, 2011. Edited Dee. 13, 2011 Edited Dec. 19, 2011 Amend the LDC as follows: 1 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights -of -Way 2 3 A. Applicability. The provisions of this section shall apply to all new off - street parking or 4 other vehicle use areas. Existing landscaping which does not comply with the provisions 5 of this Code shall be brought into conformity to the maximum extent possible when: the 6 vehicular use area is altered or expanded except for restriping of lots /drives, the building 7 square footage is changed, or the structure has been vacant for a period of 90days 1 8 year or more and a request for an occupational license to resume business is made. 9 These provisions shall apply to all developments with the exception of single - family, 10 two - family, mobile home dwelling unit, public utility ancillary system, and dwellings 11 on individually platted lots. Any appeal from an administrative determination relating to 12 these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing 13 occupancy permits for new construction, implementation and completion of landscaping 14 requirements in off - street vehicular facilities shall be required. Where a conflict exists 15 between the strict application on this division and the requirements for the number of off - 16 street parking spaces or area of off - street loading facilities, the requirements of this 17 section shall apply. 18 # # # # # # # # # # # # # 19 4.06.02 Buffer Requirements 20 21 A. Applicability of buffer requirements. The buffering and screening shown in table 2.4 22 below shall be required under this section and shall apply to all new development. 23 Existing landscaping which does not comply with the provisions of this section shall be 24 brought into conformity to the maximum extent possible when: the vehicular use area is 25 altered or expanded (except for restriping of lots /drivesl, the building square footage is 26 changed, or there has been a discontinuance of use for a period of 1 year 60 27 ^^^°°^61tiVe days or more and a request for an occupational license to resume business 28 is made. 29 # # # # # # # # # # # # # 30 9.03.02 Requirements of Continuation of Nonconformities 31 32 F. Discontinuance or destruction. 33 1. If any such nonconforming use ceases for any reason (except where 34 governmental action impedes access to the premises) for a period of more than 35 180 GORGeGutive day- 1 year, any subsequent use of land shall conform to the 36 regulations specified by the LDC for the district in which such land is located. 37 2. Notwithstanding the above definitions of discontinuance relative to a 38 nonconforming use of land or water or structure, where the use of land, water or 39 a structure has ceased for a period of more than 1 year RiRety (90) GGRseGUti,, o 40 mss, and where such property or use is deficient in the required amount of 41 paved, striped parking, including parking and access to the structure for the 42 disabled; water management facilities; landscaping; and other site improvements 43 as required in Chapter Four of the LDC, prior to the recommencement of any use 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 03 Landscaping Reqs for Vehicular Use Areas 030912.docx Caroline Cilek 3/23/2012 10:36 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Text underlined is new text to be added. Tey..4 stFiketh Fo gh is en+ te)d to he deleted. Bold text indicates a defined term of land, water or structure, said deficiencies as may apply shall be remedied, to the greatest extent possible given the physical constraints on the property, via the appropriate administrative processes found in Chapter Ten, or as otherwise required by the LDC. 3. When nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structure shall eliminate the nonconforming status of the land. Destruction" of the structure for purposes of this subsection is hereby defined as damage to the extent of more than fifty (50) percent of the replacement cost at the time of the destruction. Upon removal or destruction as set out in this section, the use of land and structures shall therefore conform to the regulations for the district in which such land is located. GRAPHS Time On Market T C E z 850 M..._..... ...._,.-. t_ ...._....n..___.._.._..._._. Total Avail: 29% w, .. 400 350, 327,818 i,. _. °. W 3011 250 150 l__._ 100 2005 2007 2097 2003 2005 2009 2009 2010 2010 2011 Cur Qa Q2 Q4 Qz Q4 Q2 Q4 Q2 Q+ Q2 W Median Time On Market occupancy Existing Bldgs: 602 Space;: 1472 ExiistingRi3A- 16,9767737 Vacant <3,964,580> 23:, Occupied: 13,012,157 77% Leased: 13,271,668 78% availability Vacant Avail: 3,034,448 23°4 Total Avail: 4,881 ,098 29% DirectAval: 4,517,445 27% Sublet Avail: 327,818 2% Average Time: 20.4 Months leasing activity Leasing VTD: 493,967 3% Net A17,4orp YTD: (433.7031 13-E) direct gross rent 01fiice- range: 58.50441.40lyr Office Avg: 320.70/yr Tn %wpyr,Oh"repcnc t zreseamh( sedto Cdlier CountyC wthM merd Divsion- 5131:5. 1211!2011 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 03 Landscaping Reqs for Vehicular Use Areas 030912.docx Caroline Cilek 3/23/2012 10:36 AM Text underlined is new text to be added. Text stFiketh FGHgh is en4 te)d to be deleted Bold text indicates a defined term Time On Mkt - Current Avail SF Thy i:Wflgh" report wntars rseanti Warned to Collier 1 11112 0 1 1 1 Gourdy CxmKh M Oirsion - 513155. 5 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 03 Landscaping Reqs for Vehicular Use Areas 030912.docx Caroline Cilek 3/23/2012 10:36 AM occupancy Ex sting 61dgs: 602 2,.440 Spaces: 1472 Existing RBA- 18,978,737 Vacant <3,964,58P 23% Ocwpied: 13,012,157 T7 Leased: 13,271,668 78% i U. U3 1,400 availability, ti Vacant Avail: 3,834,448 23% 1,200 - _ ----•_ 7 Total Avaa: 4,881,098 29% 0 IE i.040 - DiredAvsa: 4,517,445 27% Sao -- S1r<3letAvaa: 327,818 2% Average Time: 20.4 Months leasing activity Leasing YTD: 493,967 3° Net Absorp YrD: (433,708) (3-,') 0 3 4 6 7-9 10 -12 13-15 i6-la 19-23 221 H.ths Mrrtfis Meths Mn'.hs Meths Mnells Meths Mnth, direct gross rent - Time on Market for Current Available space Office range= U.60441.40/yr Office Avg: $20.70fyr Thy i:Wflgh" report wntars rseanti Warned to Collier 1 11112 0 1 1 1 Gourdy CxmKh M Oirsion - 513155. 5 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 03 Landscaping Reqs for Vehicular Use Areas 030912.docx Caroline Cilek 3/23/2012 10:36 AM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Collier Building Industry Association AUTHOR: Growth Management Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 4.06.05 General Landscaping Requirements 10.02.14 Landscape Plans CHANGE: To establish an alternative landscape design process and criteria for redevelopment projects and some forms of new development. The new section will reference existing Code sections, noted below, which support alternative landscape plans. These existing sections provide flexibility for buffers and public facilities. Section 4.06.02.B. — Methods of determining buffers provides two forms of flexibility in designing buffers. The first notes: "Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the planning services director may waive the planting requirements of this section." Further, 4.06.02.13 states that that within a planned unit development (PUD), the development "shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles"... and that "[t]he planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code." Section 10.02.14 Landscape Plans outlines a procedure for alternative landscape plans for public schools, ancillary plants and other public facility projects. The Section allows public facility projects, which are jointly developed with the Collier County Public Schools, to demonstrate the intent of the section is accomplished without meeting specific development standards. Language from this provision was used as a model to create the new Alternative Landscape Design Standards Plan section. REASON: The proposed amendment establishes an alternative design process with criteria for redevelopment projects and other situations where an alternative design will not adversely affect community character. The process will allow design flexibility while meeting the purpose and intent of landscape requirements. FISCAL & OPERATIONAL IMPACTS: Fiscal and operational impact fees for the applicant include the application fee. However, the alternative design may allow a project to proceed which may not have been feasible under the standard regulations. The proposed amendment provides an opportunity to redevelop properties in which it is possible to meet the intent of the code, but not meet the technical standards of the Code. I:\LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \4 06 05 General Landscaping Requirements and 10 02 14 Landscape Plans CC 032612.docx 3/26/2012 11:20:24 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Text underlined is new text to be added. Te.h stFikethr.1ugh is nt text to be deleted Bold text indicates a defined term As the proposed process will be similar to the Architectural and Site Design Standards, Deviations and Alternate Compliance (Sec. 5.05.08.F), it will be a familiar process to establish. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services on October 21, 2001. Edited on Nov. 29, 2011; Edited Dec. 16, 2011; March 26, 2012 Amend the LDC as follows: 4.06.05 General Landscaping Requirements O. Alternative Landscape Design Standards Plan process. The followina alternative design process is established to allow deviations from the requirements of this section as approved by the County Manager or designee. 1. Applicability. a. Redevelopment project. For the purposes of this section, redevelopment building additions that do not exceed 50 percent of existing building square footage. b. Developments that are abandoned or have discontinuance of use(s) as designated in Section 9.03.02 - Requirements for Continuation of Nonconformities. c. Planned Unit Developments, as set forth in Section 4.06.02 d. Public educational facilities and Plant, ancillary plant, and auxiliary facility 2. Review and approval procedure. Upon request by the applicant, the County Manager or his designee may administratively approve an Alternative Landscape Design Plan that may be substituted in whole or in part for a landscape plan and meet the standards of section 4.06.00. Approved deviations are allowed only to the specific design and plan reviewed. The approved deviations must be specifically noted and the basis of the approval must be stated within the site development plan approval letter. Any modification to an approved design shall necessitate re- submittal, review, and approval by the County Manager or his designee 3. Submittal requirements. In addition to the base submittal requirements, applicants must provide the following_ a. Landscape and irrigation plans clearly labeled as an "Alternative Landscape Design Plan." The plan must list the applicant's deviations and identify the corresponding LDC section numbers. b. Written justification indicating how the alternative design plan accomplishes the purpose and intent of this section, without specifically complying with those standards identified. c. Any other materials and /or calculation requested by County Manager or his designee to assist in the determination. 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \4 06 05 General Landscaping Requirements and 10 02 14 Landscape Plans CC 032612.docx 3/26/2012 11:20:24 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Text underlined is new text to be added. Te)d strikethFough in GUFFent te.A to he deleted Bold text indicates a defined term 10.02.14 Landscape Plans A. Landscape Plan required Public educational facilities and Plant, ancillary plant, and auxiliary facility. Essential services including Collier County Public Schools (CCPS) /public Educational and ancillary plants, and other public facility projects developed jointly with CCPS may demonstrate that the intent of this section can be effectively accomplished without meeting specific development standards. The applicant must request an administrative review of the alternative design, as outlined in paragraph (a) below. The deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessary as a result of an educational program or joint use of the school site with another public facility or use. An administrative deviation is not required for specific nonetheless be carried out without meeting these standards. The intent of the section can be demonstrated by detailing a specific health, safety, or welfare concern as defined by State Requirements for Educational Facilities (SREF) or be acquired from Collier County's Growth Management Division. The procedure for this process is pursuant to Section 4.06.05.0. a. PFOGedure. in addition to the base submittal Fequirements, appliGa shall nleady label the plan submitted as aR " ltematnie I andSGape Code Dlnn" This plan shall FefeFeIIncthe rre,iatiORS OR the plan An nnnlinant NO IN Me M. NTW- IN - - - 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \4 06 05 General Landscaping Requirements and 10 02 14 Landscape Plans CC 032612.docx 3/26/2012 11:20:24 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 LDC Amendment Reauest ORIGIN: Growth Management Division AUTHOR: Ray Bellows, Zoning Manager DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 5.03.02 Fences and Walls, Excluding CHANGE: This clause references an illustration that is removed. REASON: Scrivener's error FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR GROWTH MANAGEMENT PLAN OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, Senior P: March 22, 2012 Text underlined is new text to be added. Te.h stFiketh Fa gh 66 GUFFent te)d to he deleted Bold text indicates a defined term Walls Staff proposes the reference Amend the LDC. as follows: 5.03.02 Fences and Walls,` Excluding Sound Walls G. Supplemental Standards:„ 1. Fences, on sites with structures which are subject to section 5.05.08 Architectural Site Design Standards must comply with the following additional standards: a. Chain link !(including wire mesh) and wood fences are prohibited forward of the primary facade and shall be a minimum of 100 feet from a public right -of -way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three - quarters of the height of the adjacent fence (See "strat+en 5.0 44 1)' I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 02 Fences and Walls Excluding Sound Walls scrivener's error 032212.docx Caroline Cilek 10/10/2011 2:53:09 PM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division, Planning and Regulation AUTHOR: Ray Bellows, Zoning Manager DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 5.03.06 Dock Facilities CHANGE: Currently, all boat dock extensions are reviewed by the Collier County Planning Commission. To approve a boat dock extension, the Planning Commission must find that 4 of 5 primary criteria are met and that 4 of 6 secondary criteria are met (LDC subsection 5.03.06 H). The proposed amendment would provide an administrative approval process limited to single - family residential boat dock extensions. To be considered for an administrative approval process, an applicant must meet all of the primary and secondary criteria. Criteria that is not applicable for a single family residential applicant will be considered a criterion that is met. Multi- family boat dock extensions will remain under the Planning Commission's review. To provide for possible boat dock facility expansion,' language has been proposed that allows applicants to identify the maximum square footage for the boat dock facility. This will enable the applicant to modify the boat dock by obtaining a building permit and will ensure the site plan will remain consistent with any modifications' to the structure. All of the criteria have been revised for clarity to make the section more user - friendly. Criteria that examined the same issues, such as site conditions, were combined to create a more streamlined process. The criteria were also made more to create a less subjective process. For example, reasonable deck width shall be considered up to 5 feet. Criteria that are addressed by other standards or regulations have been removed. If an applicant is not eligible for the administrative approval process, the applicant may take their request to Planning Commission. The Planning Commission would utilize the same criteria and applicants will need to meet 3 of the 4 primary criteria and 2 of the 3 secondary criteria. The administrative approval' process includes a public notice process. Applicants will be required to provide property owners within 500 feet of the property information on the boat dock facility, including: the address of the applicant's property, the total protrusion of the facility, a brief narrative justifying the extension, a copy of the site plan (in 11 by 17 inch or 8.5 by 11 inch format); and advise property owners of their right to submit a written objection letter within 30 days of the public notice letter. The list of property owners would come from the latest tax rolls. Property owners who received the boat dock extension notice may appeal the administrative approval process to the Planning Commission within 30 days of the approval. Applicants may also appeal the approval, approval with conditions, or denial of the dock facility extension within I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 06 Dock Facilities—new admin process 032312.docx Caroline Cilek 3/2612012 3:09:54 PM Text underlined is new text to be added. Text ntFikethFeUeti is nt text to be deleted. Bold text indicates a defined term 30 days of the administrative decision to the Planning Commission. Decisions of the Planning Commission can then be appealed to the Board of Zoning Appeals within 30 days of the Planning Commission's finding. For reference, the definition of a dock and dock facility are as follows: Dock: Any structure constructed in or over a waterway for the primary purpose of mooring a boat or other watercraft. Dock facility: Includes walkways, piers, boathouses and pilings associated with the dock. REASON: Many single - family residential boat dock extension requests meet all of the current criteria. Analysis by the Planning Commission adds additional Staff and consultant time which is not necessary for applicants who do meet all of the criteria. The administrative boat dock extension process will likely reduce the time commitments of consultants and the County, thereby reducing the fees incurred by the applicant. The administrative boat dock process also seeks to provide a shorter time frame for approval. FISCAL & OPERATIONAL IMPACTS: The fee for an administrative boat dock extension process would be modified to appropriately reflect the procedure. Currently, the boat dock extension fee is $1,500 (plus legal advertising fees). It is proposed that the administrative fee is similar to an administrative parking variance fee. RELATED CODES OR REGULATIONS: Florida Building Code, Florida DEP R1 GROWTH MANAGEMENT PLAN IMPACT: None. ADVISORY BOARD RECOMMENDATIONS:'' " DSAC: The following has been changed since DSAC approval: 1.) Standardizing the number of slips permitted for single. - family residential 2.) Removing the language regarding barrier islands is subsection 3.a.ii; 3.) Removal of subsection 3.2.c; 4.) Addition of "reasonable deck width in subsection 3.b.i. 5.) No changes were made regarding reorganizing section 5.03.06 I; 6.) word choice changes. EAC: Recommended the following additions /clarifications: 1.) Include "boat" in the dock facility definition; 2.) Amend subsection 3.b.i to read "Reasonable deck width shall be considered up to 5 feet "; 3.) Retain and clarify original subsection 3.2.c, to that it establishes a standard for docks parallel to the waterfront property line. 4.) Including "site conditions" to subsection 3.a.ii. 4.) Include the term "navigable in the Primary Criteria iii. 5.) Add language to subsection 5.03.06 HA to allow conditions to be placed on the applicant with regards to neighboring docks and the view shed. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services, October 14, 2011; Edited Friday Nov. 4, 2011; Nov. 7, 2011; Edited December 7, Chris Scott, Senior Planner, Land Development Services; Edited December 20, Caroline Cilek; Edited December 29, Caroline Cilek; Edited January 23, Caroline Cilek; Edited February 23, Caroline Cilek; Edited February 28, 2012, Caroline Cilek 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 06 Dock Facilities new admin process 032312.docx Caroline Cilek 3/26/2012 3:09:54 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Text underlined is new text to be added. Text Mrikethreugh 06 nt text to he deleted Bold text indicates a defined term Amend the LDC as follows: 5.03.06 Dock Facilities H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond the limits established in subsection 5.03.06 E of this Code may be considered appropriate under certain circumstances. For the purposes of this section, the dock facility shall include the farthest protrusion of both the dock and vessel(s). This section establishes the process and criteria for aoarovina dock facilitv extensions. in eFder fei 1. Plan Requirements: Requests for boat dock facility extensions shall include a plan that illustrates the maximum facility and the conceptual dock layout. The facility envelope shall identify the maximum square footage of the dock area needed to allow for future expansion. The County Manager or his designee shall have the ability to permit additional square footage, up to the maximum square footage of the dock area approved. 2. Approval Process: All boat dock facility extensions shall meet the procedures established in subsection 5.03.06 I, and shall be approved as follows: a. Dock facility extensions for single.- family residential uses that satisfy all Primary and Secondary criteria, as identified in subsection 5.03.06 H.3, shall be approved by the Zoning Department provided the extension does not protrude more than 40 additional feet (60 feet in total length) into the waterway. b. Dock facility extensions for single - family residential uses that cannot be aDDroved administratively. and for multi - family residential uses. may be ritcri established'' to ensure that extensions will not adversely impact surrounding properties, navigation, or environmental systems. Criteria that are not applicable to a specific request shall be deemed satisfied. a Primary Criteria: i. G,arrier ie lands Yhe— -esse is are the nrimani meant of No more than 2 slips for single - family use sheuld be shall be administratively approved. ne mere than -2 Slips for multi - family use shall be reviewed by the Planning Commission and are not subject to the administrative boat dock extension process. should be 1 slip per dwelling unit,,,- in the ease of „nhridned harrier *eland rhn4s additional slips may be h Whether the iater depth at the-FOP06ed site shnllniII. c„ccr,r— cr,c- ..ucLra " I." "h' rce S v rrurrvvv that ssseel of geneFal length, type and draft as that 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 06 Dock Facilities—new admin process 032312.docx Caroline Cilek 3/26/2012 3:09:54 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. T-e)d StFikel6.w gh ' nt text M be deleted. Bold text indicates a defined term desoriheed in the o}i}iener's appliGatien is nab) } Ia+ n h rpeea. a.e.,el ., ...1.,N,I....aIeII , wvr at mean low tide /11A1 T\ (The ne}itinner's a nlivatien aR d sI In ley should establish that the water depth is }nn hallo w to allow la, lRGhing and mnnring of the vessel /s\ rdesoriherd withoutI} n ev}e The presence of one or more site conditions, including water depth, shoreline reinforcement, mangrove growth, seagrass beds, site configuration or property /riparian lines shall justify the proposed dimensions and location of the proposed boat dock facility. ehunnnel . (The fani.l.i.ty ho ly not iRtrwue iInte aRy maFker nr haFter navigable channel thIIh impeding vessel traffio in the ehaRnel) GI ;ham ; The proposed boat dock facility shall not protrudes Re more than 25 percent of the width of the waterway.; and whe ther There shall be a minimum. of 50% erpcentofthe width of the waterway width maintained for navigability between dock facilities on either side of the waterway is maintained far n aaiiynahility. (The faGility should maintain the rd 'require IIU„IU, o Wheth on va }inn anrd rde ign of the slogiv. ... .. , .,,, ,- eF4k e- p9s£d -16LU Q k favility is SUGh that }he The facility shall - wE9uld-not obstruct interfere whththe use ... of neighboring docks. (The faGility sheuld not InteFfere with the use f legally normitterd neighboring dc- b...... eya,,,Iy peellrTr>.,,, b. Secondary eCriteria: these Fie type Of ShOFeline reinfeFcement, s",rel; ;e oonfig l:atinn mangrnvo' groyAh er seagras beds-)- i. b. Whethef-t ie-The proposed dock facility shall be limited to the minimum dock area and would allow for reasonable and; safe access to the vessel for loading and /or unloading and routine maintenance. Reasonable deck width shall be considered up to 5 feet. =w4ho It the use of evoessive deck area not rdireo }III relater) touse . e vevv v V V G not L. Cor single family de6k facilities .Ihe }her the length of the I eI Iiiyle IuTT I vessel nr vessels in anmhination rdeSGFiherd by the netitiener ov d6 50 rlcre of the s Ihieet nrnneFty's linear waterfrnnt footage (The appli-- aabhleimiax, i um peMentage should maintained). terfrent view of neighbering I aterFrnnt property eI tiers13nt..e- :°L-..,....,....... ,,, . L,,y, L,... I . a II I ii. a -The petitioner shall demonstrate Whe ther seagrass beds area Ie saated within 200 fee} of the nI- onosed den4 fnnili seagrass beds are present compliance with subsection 5.03.06 J 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 06 Dock Facilities—new admin process 032312.docx Caroline Cilek 3/26/2012 3:09:54 PM HZIM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Bold text indicates a defined term 4-2. if seaarass beds are present within 200 feet of the Dr000sed boat dock facility. of this LDG must he de1 ated). III. f Whether the PFOpesed doGk facility is s bjeGt 4e the appl+sable, The petitioner shall demonstrate compliance with subsection 5.03.06 E.11 if the proposed boat dock facility is subject to the manatee protection requirements. must be demensti:ated) 4. Conditions of Approval: If deemed necessary based upon review of the above criteria identified in subsection 5.03.06 H.3, above, the RIaRRiRg GO approving agency may impose conditions request that it deems necessary to accomplish the purposes of this Code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s),'and provisions of lights(s), additional reflectors, or reflectors larger than four (4) inches. 5. Public Notice Reauirements: ADDlicants of the Administrative Boat Dock property owners shall be those appearing on the latest tax rolls of Collier County Planning Commission's finding_ Procedures for approval of docks, dock facilities, and boathouses. 1. Procedures for the issuance of permits for docks, dock facilities, and boathouses are provided in the Administrative Code. Chapter 10 of this L DG 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of section 5.03.06 of this LDC, except for boat dock facility extensions approved in accordance with subsection 5.03.06 H.2.c. With the evneptien that Pre+r6160GRc fer i4Nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review, based on an evaluation of the criteria in subsection 5.03.06(G) of this LDC. 5 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 06 Dock Facilities—new admin process 032312.docx Caroline Cilek 3/26/2012 3:09:54 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Text GtFikethFGugh is GUFFent te)d to be deleted. Bold text indicates a defined term 5.03.06 Dock Facilities H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond the limits established in subsection 5.03.06 E of this Code may be considered appropriate under certain circumstances. For the purposes of this section, the dock facility shall include the farthest protrusion of both the dock and vessel(s). This section establishes the process and criteria for approving dock facility extensions 1. Plan Requirements: Requests for boat dock facility extensions shall include a plan that illustrates the maximum facility and the conceptual dock layout. The facility envelope shall identify the maximum square footage of the dock area needed to allow for future expansion. The County Manager or his designee shall have the ability to permit additional square footage, up to the maximum square footage of the dock area approved. 2. Approval Process: All boat dock facility extensions shall meet the procedures established in subsection 5.03.06 I, and shall be approved as follows: a. Dock facility extensions for single - family residential uses that satisfy all Primary and Secondary criteria, as identified in subsection 5.03.06 H.3, shall be approved by the Zoning Department provided the extension does not protrude more than 40 additional feet (60 feet in total length) into the waterway. b. Dock facility extensions for single - family residential uses that cannot be approved administratively, and for multi - family residential uses, may be approved by the Planning Commission, provided three (3) of the four (4) Primary and two (2) of the three (3) Secondary Criteria are satisfied. 3. Criteria for review of boat dock facility extensions: The following criteria are established to ensure that extensions will not adversely impact surrounding properties, navigation,' or environmental systems. Criteria that are not applicable to a specific request shall be deemed satisfied. a. Primary Criteria: i. Vessel slips for a single- family use shall be limited to no more than 2 slips may be administratively approved; boat slips for multi - family use shall be reviewed by the Planning Commission and are not subject to the administrative boat dock extension process. ii. The presence of one or more site conditions, including water depth, shoreline reinforcement, mangrove growth, seagrass beds, site configuration or property /riparian lines shall justify the proposed dimensions and location of the proposed boat dock facility. iii. The proposed boat dock facility shall not protrude more than 25 percent of the width of the waterway. There shall be a minimum of 50 percent of the width of the waterway maintained for navigability between dock facilities on either side of the waterway. iv. The facility shall not obstruct the use of neighboring docks. b. Secondary Criteria: i. The proposed dock facility shall be limited to the minimum dock area and allow for reasonable and safe access to the vessel for loading and /or unloading and routine maintenance. Reasonable deck width shall be considered up to 5 feet. 6 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 06 Dock Facilities—new admin process 032312.docx Caroline Cilek 3/26/2012 3:09:54 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Text underlined is new text to be added. Bold text indicates a defined term ii. The petitioner shall demonstrate compliance with subsection 5.03.06 J if seagrass beds are present within 200 feet of the proposed boat dock facility. iii. The petitioner shall demonstrate compliance with subsection 5.03.06 E.11 if the proposed boat dock facility is subject to the manatee protection requirements. 4. Conditions of Approval: If deemed necessary based upon review of the criteria identified in subsection 5.03.06 H.3, above, the approving agency_may impose conditions necessary to accomplish the purposes of this Code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provisions of lights(s), additional reflectors, or reflectors larger than four (4) inches.'' 5. Public Notice Requirements: Applicants of the Administrative Boat Dock Extension shall notify property owners within 500 feet the property lines of the property for which the request is sought. If the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries for the entire ownership or PUD. However, notices do not need to be mailed to any property owner located more than a half mile from the subject property. The names and addresses of the property owners shall be those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The notice shall be sent within 30 days of the date of submittal of the application. The notice shall include: (1) the address of the facility; (2) the total protrusion of the facility; (3) a copy of the site plan (in 11 by 17 inch or 8.5 by 11 inch format); (4) a brief narrative and justification for such extension; and (5) advise property, owners of their right to submit a written objection within 30 days of the date of the letter. 6. Appeals: Applicants or property owners who received notice in accordance with subsection 5.03.06.H.5 may appeal an administrative decision to the Planning Commission within 30 days of the approval, approval with conditions or denial of the Administrative_ Boat bock Extension, set forth in section 250 -58 of the Code of Laws and Ordinances. Decisions by the Planning Commission may be appealed to the Board of Zoning Appeals within 30 days of the date of the Planning Commission's finding. Procedures for approval of docks, dock facilities, and boathouses. 1. Procedures for the issuance of permits for docks, dock facilities, and boathouses are provided in the Administrative Code. 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of section 5.03.06 of this LDC, except for boat dock facility extensions approved in accordance with subsection 5.03.06 H.2.c. Nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review, based on an evaluation of the criteria in subsection 5.03.06(G) of this LDC. 7 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 06 Dock Facilities—new admin process 032312.docx Caroline Cilek 3/26/2012 3:09:54 PM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Raymond V. Bellows, Zoning Manager DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 5.03.07 Portable Storage Containers [new section] 10.02.03 Submittal Requirements for Site Develo CHANGE: Section 5.03.07 Portable Storage Containers is a proposed section to provide supplementary standards and regulations for portable'storage containers (PODS® and other similar products) in the Accessory Uses and Structures chapter of the LDC. The new provision identifies their use and the number permitted in the Rural Agricultural, Estates, Commercial and Industrial zoning districts. Setbacks, the number permitted and the limitations! on use, size, location on a site and screening standards are outlined i It is proposed that additional lan guage is added to Section 10.02.03 Submittal Requirements for Site Development Plans, which outlineslil, what types of development require a site development plan. This amendment proposes to add a provision to allow accessory,, structures that are less than 400 square feet, in aggregate, to submit a survey or'plan that demonstrates zoning compliance in place of a site development plan. Accessory structures greater than 400 square feet or accessory structures that result in over 400 square feet in aggregate must submit a site development plan. REASON: To eliminate the confusion regarding 'tle use of portable storage containers, also known. as PODS® and other similar product names', on properties zoned Rural Agricultural, Estates, Commercial and Industrial. Due to the need of many property owners to store their agricultural and lawn maintenance equipment in a cost effective manner, there is a greater need to provide a low cost alternative to constructing a storage shed on site. For properties zoned residential as defined in the Land, Development Code (LDC), these containers shall continue to be treated as outlined in the October 2, 2003 memorandum from the Zoning Director. The 2003 memorandum acknowledged peisonal storage containers in residential zoning districts to be used on a temporary basis. In the past, the County has at times permitted portable storage containers on some Rural Agricultural and Estate Zoned Properties while at other times prohibiting them. The purpose of this amendment is to allow the use and to provide standards to ensure compatibility with the community and adjacent property owners. Therefore, depending on the zoning district, containers shall be limited in number only with the aim of preventing the over utilization of containers that could change the character of these zoning districts. Furthermore, in order to improve compatibility with the adjacent properties, these storage containers should be restricted to the rear yard and required to meet the setbacks for principal structures. 1 l:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 07 Portable Storage Containers CC 030812.docx 3/23/2012 10:44:21 AM 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Text underlined is new text to be added. Bold text indicates a defined term Section 10.02.03 Submittal Requirements for Site Development Plans ensures compliance with the appropriate land development regulations and growth management plan prior to the issuance of a building permit. Subsection 10.02.03 A.2 provides a list of development types which do not necessitate a site plan or site improvement plan. The amendment proposes to add accessory structures which are less than 400 square feet in aggregate to this list. Those over 400 feet shall be required to submit a site plan pursuant to the section. Detailed in the proposed language is a list of items that shall be included in the required survey or plan which demonstrates zoning compliance. FISCAL & OPERATIONAL IMPACTS: The fiscal impacts are limited to the cost of a tie - down permit including review and inspection. Providing an SDP exemption for accessory structures less than 400 square feet, including Portable Storage Containers, will reduce the number of SDPI and SIPI applications and minimize costs for' applicants. RELATED CODES OR REGULATIONS: LDC Ordinance No.`,06 § 3.F; Ord. No. 07 -67, 3.J; Ord. No. 08 -63, § 3.J) GROWTH MANAGEMENT PLAN IMPACT• N/A ADVISORY BOARD RECOMMENDATIONS: DSAC: DSAC approved an earl draft'of this amendment. The draft specified thatppYp portable storage containers were to be used in the rural agricultural or Estates Zoning Districts. Containers were to be used in conjunction with a bona fide agriculture use or and estates lot. Only one container was permitted in any zoning district and had to be place behind or to the side of the principal building. OTHER NOTES/VERSION DATE: Prepared by Raymond V Bellows, Zoning Manager, Growth Management Division on October 21, 2011;,Edited'February 14,'2012`::! Amend 07 as follows: A. Intent. These °supplementary standards regulate the placement of f& promote the health and safetv of the and to preserve the °aesthetic value of its residential neiahborhoods and non - residential similar products to be used as an accessory structure Permitting procedures are provided in the Administrative Code and LDC subsection 10.02.03 A.2.i. B. Zoning Limitations. Portable Storage Containers may be permitted on conforming lots of record in the following zoning districts: 1. Rural Agricultural (A) zoning district. Limit of one (1) container per lot or parcel a) Lots twenty (20) acres or larger are limited to one (1) container per ten 10) acres, not to exceed a total of five (5) containers. b) Containers used in conjunction with a bona fide agricultural use shall not be limited in number. 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 07 Portable Storage Containers CC 030812.docx 3/23/2012 10:44:21 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. Te.h stdkethm gh is ..t te..t to he deleted Bold text indicates a defined term 2. Estates (E) zoning district. Limit to one (1) container per lot. 3. Commercial and Industrial zoning districts. Number shall be limited to site constraints. 4. Portable storage containers are prohibited as an accessory structure in residential zoning districts, but may be permitted as a temporary structure per Section 5.04.00. C. Setbacks. Containers shall be placed in the rear of the principal structure and meet the required setbacks for a principal structure. Containers on corner lots of record shall be placed to the side of the principal structure and meet the required setbacks for a principal structure. No container shall be located closer to the abutting road than the principal structure. Structures shall comply with the minimum separation reauirements as to any utilities, including electric. E. Size. 1. Maximum floor area: 480 2. Maximum heiaht: Eiaht U fire I nt facilities 'drie aisles. reaui wal ro more than',200 feet from a property'line are not required to provide screening. y „# # # ;# # # # # # 10.02.03 Submittal Requiirements for Site Development Plans A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is furthe'r!; intended : to ensure that the proposed development complies with fundamental!] planning and design principles such as: consistency with the county's growth,;; management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency'.!acce'ss; the availability and capacity of drainage and utility facilities; and, overall' compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions there from: a. Single- family detached and two - family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development). 3 LIDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 07 Portable Storage Containers CC 030812.docx 3/23/2012 10 :44:21 AM Text underlined is new text to be added. Akethee„nh 06 GUFFent te.et to he deleted Bold text indicates a defined term 1 b. Townhouses developed on fee simple lots under individual ownership, 2 provided that a fee simple townhouse plat is approved in accordance with 3 the provisions of section 10.02.04.13.4. 4 C. Underground construction; utilities, communications and similar 5 underground construction type activities. 6 d. Accessory and ancillary facilities for a golf course such as restrooms, 7 irrigation systems, pump- houses where a preliminary work authorization 8 has been entered into with the county except where a site alteration 9 permit is required by this Code. 10 e. Construction trailers and storage of equipment and materials following 11 issuance of a building permit for the use to which said activities are a 12 function of, except as otherwise provided by section 5.04.03 E. Model 13 homes and sales centers, except as 'otherwise provided by section 14 5.04.04 15 f. Project entryway signs, walls, gatesii and guardhouses. 16 g. Signage proposed for the project in conformity with section 5.06.00, the 17 Collier County Sign Code, for the site development or site improvement 18 plan. 19 h. Neighborhood parks, subject to the approval of a conceptual site plan, 20 depicting, on a 24" by 36" sheet, all site clearing; improvements, including 21 fences and walls, playground !equipment, walkways, picnic areas, and 22 play areas; andi minimum Code landscaping (irrigation will not be 23 required). For the purposes of review, fees only, this plan shall be treated 24 as a conceptual site development plan, and the applicable review fee 25 shall apply. 26 Minimum landscape buffering. Under certain circumstances with 27 neighborhood parks, there may be underlying' health, safety and welfare 28 concerns that, necessitate deviation from the buffering required in section 2 9 4 06.02. The County Man" 66r or his designee will determine, on a case - 30 by case basis, whether such deviation is necessary. This determination 31 will be made upon a request for determination from the applicant, which 32 must include all reasons that would justify the deviation. The County 33 Manager or his designee will, use factors including, but not limited to, the 34 following when 'making a determination for deviation: 35 a) The geographic location of the neighborhood park 36 b) The effects that a lack of buffering will have on neighboring uses; 37 and 38 ;:c) The need to ensure that the public safety is maintained by 39 providing law enforcement and other policing entities clear view of 40 the activities occurring on the park premises. 41 While the above land use activities shall be exempt from the provisions of 42 section 10.02.03, these land use activities are subject to all other 43 provisions of the Land Development Code such as but not limited to 44 landscaping (with the exception of g., as listed above), tree removal, 45 development standards and the submission requirements attendant to 46 obtaining temporary use and building permits. 47 3. Accessory Structures that are less than 400 square feet in aggregate shall be 48 subiect to approval of a survey or plan that demonstrates zoning compliance. 49 The survey or plan shall be drawn to scale and delineate the dimensions and 50 shape of the lot, existing improvements, public easements, the location and size 51 of the proposed accessory structure(s), the distance of the proposed accessory 52 structures from the adjacent property lines and structures, and any required 4 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 07 Portable Storage Containers CC 030812.docx 3/23/2012 10:44:21 AM Text underlined is new text to be added. Te.A stF;keth FG gh is nt te)d to he deleted Bold text indicates a defined term 1 screening. Accessory structures over 400 square feet, or additional accessory 2 structures that result in over 400 square feet in aggregate, even if requested 3 under separate applications, shall require Site Development Plan approval 4 pursuant to 10.02.03. 5 # # # # # # # # # # # # # 5 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 07 Portable Storage Containers CC 030812.docx 3/23/2012 10:44:21 AM Text underlined is new text to be added. Se..{ stFikethrn rnh in GUFFent te.h to he deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management AUTHOR: Ray Bellows, Zoning Manager DEPARTMENT: Growth Management Division, Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 5.05.04 Group Housing CHANGE: To amend the floor area ratio FAR for G identify in Section 5.05.04 that Assisted Living Facilities are height and setback standards. REASON: Since 2008, at least nine Planned Urii greater FAR for Assisted Living Facilities, a four a relationship between a property and the amount The ratio expresses the floor area of a building in Image 1 below describes the FAR relationship, Image 1: A site with a 0.60 FAR will generally range coverage to a six story building w' ith 10% si development arrangements with the same F, 4I11t`` tl I liI I1Il t h I I ul `I fSiteCoverageI from 0.45 to 0.60 and to to the base zoning district PUD's);!have requested a ing. Floor area ratio establishes it permitted on that property. the total area of the ro epp rty. zilding with 60% site is illustrates possible 60% 30% 15% 10% Building Coverage 1 -story 2 -story 4 -story 6 -story 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 05 04 D Group Housing_ FAR change 032112.docx 3/23/2012 10:45 AM 1 2 3 4 5 6 7 Text underlined is new text to be added. Tev4 StFiketh... gh is __ 4 4 .h 4 be deleted.- Bold text indicates a defined term Images provided by "The Ontario Plan." Accessed March 19, 2012. http:/ /www.ontarioplan.or,sz/iiidex.cfin /27925/29188 Beginning in 2008, applicants have requested a FAR of 0.60 in the Deviations section of the PUD Ordinance in order to accommodate changes in market conditions. For example, Facilities are often designed to provide onsite amenities, including medical offices, entertainment venues, recreational facilities, and social gathering places for their residents. Due to the number of requests, Staff proposes the FAR for Assisted Living Facilities is amended to 0.60 and the base zoning restrictions are noted. This change will better reflect the standard practice in the County. Adjusting the LDC to a FAR of 0.60 will also allow all zoning districts to be consistent with the FAR utilized by PUDs. According to the National Center for Assisted Living, group, each individual State regulates the health, safet Living Facilities. However, local municipalities provii Jurisdictions in southwest Florida have established an dimensions of Assisted Living Facilities. For example FAR and allows a range for building height to receive County facilities are subject to the development regu which they are located and density calculations are uti FISCAL & OPERATIONAL IMP a nation -wide advocacy and research y, and welfare standards for Assisted ie' their own,, zoning and building criteria. array of standards, to regulate the building the City of Naples'iutilizes a variation of a standardized lot area;, Further, Lee lion applicable to the zoning district in lized. has impacts created by the greater FAR of 0.60. STAFF RECOMMENDATION: Staff recommends, the proposed cl and reexamining the 'application of FAR for Assisted Living Facilities in the next LDC Amendment cycle. The current standard is not a true application of FAR, as height and setback standards still apply. Research and discussion are warranted to determine the best method to regulate the intensity, and dimensional standards of Assisted Living Facilities in the future. any fiscal or operational as an interim measure RELATED CODES OR REGULATIONS: Florida Building Code. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTE8NERSION DATE: Prepared by Caroline Cilek, Senior Planner on February 29, 2012; March 20, 2012 Amend the LDC as follows: 5.05.04 Group Housing D. All other care housing environments as defined in this Code, including, but not limited to, care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging -in- pace living environment shall adhere to the following standards in addition to those established by the underlying zoning district. 2 L \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 05 04 D Group Housing_ FAR change 032112.docx 3/23/2012 10:45 AM 1 2 3 4 5 6 7 8 9 10 11 6 3 4 Text underlined is new text to be added. Text stFakethFGUgh an not te)d to be deleted Bold text indicates a defined term The maximum floor area ratio shall not exceed 0:45 0.60, subject to base zoning district height and setback requirements. No structure shall be erected within twenty (20) feet of any abutting lot or parcel which is zoned residential, nor within twenty -five (25) feet of a road right -of -way. Parking spaces required: a. Independent living units. One (1) per dwelling unit. b. Assisted living units. 0.75 per assisted unit. C. Nursing care units. Two (2) parking spaces per five (5) beds. The procedures for applications and review of proposed group care facilities are set forth in Chapter 10. 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 05 04 D Group Housing_ FAR change 032112.docx 3/23/2012 10:45 AM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Collier Building Industry Association AUTHOR: Carolina Valera, Principal Planner, Comprehensive Planning DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 5.05.08 Architectural and Site Design Standards CHANGE: To amend subsection 5.05.08 C.9 to allow outparcels and freestanding buildings within a Planned Unit Development (PUD) or within a common ownership development an exception to the primary fagade requirements for the "back" of the building. To amend subsection 5.05.08 F, which outlines the Deviations and Alternate Compliance process, to include buildings within a PUD. The process is currently limited to buildings that are not located within a PUD. REASON: The proposed amendment to subsection 5.05.08 C.9 is designed to make the fagade requirements for secondary fagades, considered the "back" of the building, more functional and less burdensome for developers and architects. Currently, all sides of a building are required to meet the primary fagade requirements, which include detailing such as windows, covered entryways, covered walkways, and trellises. The proposed change will allow outparcels and freestanding buildings to have a functional "back" service area which will face the interior of the development. This amendment will provide for the practical design of a building's service area and alleviate a point of contention and frustration for many developers. Currently, new buildings constructed within a PUD do not have a means to seek an architectural deviation from the LDC. The County's_ Architectural Deviations and Alternate Compliance process provides a method for unique architectural design while still meeting the intent of the LDC. The proposed change The proposed change to subsection 5.05.08 F will allow new buildings in PUDs the same design flexibility as buildings in other zoning districts. The proposed amendment is not likely to conflict with a PUD Master Plan because Master Plans generally provide the site standards, but do not specify the specific design details for buildings. FISCAL & OPERATIONAL IMPACTS: The amendments will provide fiscal benefits to developers. The secondary fagade may cost less than the current requirements. The extension of the Architectural Deviations and Alternate Compliance process will provide a larger number of buildings the opportunity to apply for an alternative design which may assist developers with new projects. County Staff does not anticipate any fiscal or operational impacts to the County. RELATED CODES OR REGULATIONS: None. I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \5 05 08 Architectural and Site Design Standards Deviations- 031912.docx 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Text underlined is new text to be added. T-e)d `{: Le{hn nh iS en{ M.A to be deleted. Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner on March 12, 2012; March 19, 2012 Amend the LDC as follows: 5.05.08 Architectural and Site Design Standards C Building design standards. 9. Outparcels and freestanding buildings within a PUD and common ownership developments. a. Purpose and intent. To provide unified architectural design and site planning for all on -site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. C. 0 C.5 Project standards. i. Primary facades. All exterior facades of freestanding structures, including structures located on outparcels, are considered primary facades, and must meet the requirements of this Section with respect to the architectural design treatment for primary facades - Section 5.05.08 C.2. Primary facade standards, except for those facades considered not abut or face the streets on the periphery of the development. Outparcels and freestanding buildings are allowed one secondary facade. Design standards. The design for freestanding buildings must employ architectural, site and landscaping design elements integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter - connection between adjacent outparcels or freestanding sites and the primary structure. Primary facade standards. The following design features are in addition to the list of requirement options to meet Section 5.05.08 C.2. Primary facade standards: i. Walls expanding the design features of the building, not less than 7 feet high, creating a courtyard not less than 12 feet from the building and length of no less than 60% of the length of the associated facade. The courtyard may be gated and able to be secured from exterior public access. Grilled openings are allowed if courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility equipment, the height and design must prevent view from the exterior. Courtyard walls are not to be considered fences. Trellis or latticework used as a support for climbing plants may count as window area equal to the plant coverage area. 2 I: \LDC Amendment 2012 Cycle 1 Wmendment Revisions\Author Revisions \5 05 08 Architectural and Site Design Standards Deviations- 031912.docx Text underlined is new text to be added. Te.h stFiketh.e. gh 'n GUFFent te.h to he deleted - Bold text indicates a defined term 1 F. Deviations and Alternate Compliance. The following alternative compliance process is 2 established to allow deviations from the requirements of this Section as approved by the 3 County Manager or his designee. 4 1. Review and approval procedure. Upon request by the applicant, the County 5 Manager or his designee may administratively approve a Site and Development 6 Plan application that includes an alternative architectural design and site 7 development plan that may be substituted in whole or in part for a plan meeting 8 the standards of Section 5.05.08. Approved deviations are allowed only as to the 9 specific design and plan reviewed. Any modification to an approved design shall 10 necessitate re- review and approval by the County Manager or his designee. 11 2. Review criteria. In approving an alternative plan, the County Manager or his 12 designee must find that the proposed alternative_ plan accomplishes the purpose 13 and intent of this Section in the same manner as the provisions would. If the plan 14 is approved through this provision, the Site Development Plan approval letter 15 shall specifically note the deviations and the basis for their approval. 16 3. Submittal requirements. In addition to the base submittal requirements, 17 applicants must provide the following: 18 a. Architectural design plan and /or site development plan clearly labeled as 19 an "Alternative Architectural Design Standards Plan ". This plan must 20 identify the section numbers from this Section from which the deviation is 21 being requested. 22 b. A narrative statement that specifically identifies all standards of Section 23 5.05.08 from which the deviations are requested, and the justification for 24 the request. This statement must include a description of how the 25 alternative plan accomplishes the purpose and intent of this Section, 26 without specifically complying with those standards identified. 27 4. Applicability. 28 a. The following types of buildings and uses qualify for an administrative 29 determination of deviations from Section 5.05.08. development standards: 30 i. Assembly, 31 ii. Educational, 32 iii. Institutional, 33 iv. Mixed use buildings (such as commercial /residential /office), and 34 V. Any other non - commercial building, or use, that is not listed under 35 Section 5.05.08 D. Design standards for specific building types of 36 this Section, and due to its function, has specific requirements 37 making meeting Section 5.05.08. standards unfeasible. 38 vi. Buildings located on property with a commercial zoning 39 designation when submitted for Site Development Plan review GR 40 9F after Neyemher 19 7994, except for the following: 41 ) B Illd*Rg6 lenateid OR e„tpaFGels freestanding /nen_ 42 attaehed multiple 9F individual) buildings IGGated OR 43 pFopeFty with a DI D ZGRiRg designation nr multiple 44 45 46 aM Buildings with a gross building area of 10,000 square feet 47 or more on the ground floor. 48 hIs) Multi -story buildings with a total gross building area of 49 20,000 square feet or more. 50 CA) Project sites with more than one building where the 51 aggregate gross building area is 20,000 square feet or 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 05 08 Architectural and Site Design Standards Deviations- 031912.docx Text underlined is new text to be added. Te.A StFiketl;M gh 66 nt text to be deleted. Bold text indicates a defined term 1 more. Individual buildings within a project site that have 2 been previously granted deviations where additional 3 development causes an aggregation of building area 4 20,000 square feet or greater, must bring existing buildings 5 up to the requirements of 5.05.08. 6 b. The deviation process is also applicable to the specific requirements 7 listed under the following sections: 8 i. Section 5.05.08 B.3. Renovations and redevelopment. 9 ii. Section 5.05.08 B.4. Abandonment or discontinuance of use. 10 iii. Sections 5.05.08 D.2.d. for Self- storage buildings. 11 # # # # # # # # # # # # # 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 05 08 Architectural and Site Design Standards Deviations- 031912.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Text underlined is new text to be added. Te.h stFiketh.ough is nt te)d to he deleteei Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management, Planning and Regulation AUTHOR: Diana Compagnone, Sign Review DEPARTMENT: Building Review AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 5.06.00 Sign Regulations and Standards by Land Use 5.06.02 Development Standards for Signs within Resident 5.06.03 Development Standards for Signs for Instituti 5.06.04 Development Standards for Signs in Nonresi 5.06.05 Exemptions from These Regulations CHANGE: Clarifications and omissions from REASON: Clarifications and FISCAL & OPERATIONAL IMP RELATED CODES GROWTH MANA OTHER NOTESP Prepared by Diana. TIONS• None' N IMPACT: one Amend the LDC as follows: 5.06.00 Sign Regulations and Standards by Land Use Classification A. Definitions. Flag: A sign Friad ^f Material secured on 1 side from a flagpole such that the sign- material hangs when not set in motion by the movement of air. Flags do not contain any commercial messages. 5.06.02 Development Standards for Signs within Residential Districts B. Applicability 11. Flags & Flagpoles. Residential properties including Estates, Con & Agricultural zoned districts with residential uses that have been issued a certificate of occupancy are permitted up to three flags on a single flag- pole. 1 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 06 00 Sign Regs and Stds by LUC_ errors of omission - DC 032012.docx Diana Compagnone 3/23/2012 10:48:48 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Text underlined is new text to be added. Bold text indicates a defined term a. On single - family and duplex lots a flagpole shall not exceed 30 feet in height above finished grade or extend more than 20 feet from any building to which it is are attached. b. On all other residentially zoned parcels a flagpole shall not exceed 35 feet in height above finished grade or extend more than 20 feet from any building to which it is attached. C. Residential developments at least 10 acres in size having multiple entrances, may have up to 3 flagpoles at each entrance that provides ingress /egress off an arterial or collector road, provided that there is a minimum 300 -foot separation between entrances. i. Four additional flagpoles may be permitted within a residential development provided that the;,,'; flagpoles are not visible to motorists along any frontage roadways. d. Flagpoles Uf 15 feet shalli have the flagpole foundation or flagpole attachment design /construction plan signed and sealed by a professional engineer licensed in the: State of Florida. The design /construction plan shall'' indicate the' maximum flag area that the flagpole is capable of support ing, with the following exception: i. Sinale family and duplex lots with a flannnla 'lpcc than 15 fiat in height. No permit required. e. All flagpoles shall have a minimum five' foot setback -from all property lines. f. All flagpoles that are permitted must,,display their permit number at the base of the flagpole In, at'minimum, Y2 inch numerals. 5.06.03 Development Standards for Signs for Institutional Uses. A. Applicability. These requirements apply to signs for institutional use facilities where signs are informational and contain no commercial message. 1. Signage for'these facilities is exempt from the requirements provided in section 5.,06.02 B.8. Conditional uses within residential and agricultural districts. 2. In addition, the number of signs, location and distance restrictions per section 5.06.04 € F. shall not apply to institutional use signage. 3. Applications for such sign permits must be applied for according to the requirements of section 5.06.11 of the LDC. 5.06.04 Development Standards for Signs in Nonresidential Districts C. Development Standards 3. The use of accent lighting as defined by the Land Development Code is prohibited. ergs. 9. No signs shall be permitted on a vacant lot or parcel, unless a building permit or clearing permit has been issued, with the exception of real estate signs_ which mw be allo pied en nnrne!6 le66 han 1n aGFeo D. Real estate signs shall be permitted in nonresidential districts subject to the following: 1. One ground sign with a maximum height of a-0 8 feet or wall sign with a maximum sign area of 12 square feet per street frontage for each parcel, or lot less than 1 acre in size. No building permit is required. 2. One ground sign with a maximum height of a-0 8 feet or wall sign with a 2 hLDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 06 00 Sign Regs and Stds by LUC_errors of omission - DC 032012.docx Diana Compagnone 3/23/2012 10:48:48 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Te)d stFaketh.e. gh 06 GUFFent te)d to he deleted Bold text indicates a defined term maximum area of 32 square feet per street frontage for each parcel, or lot of 1- 10 acres in size. No building permit is required. F. On- premise signs. 1. Pole or ground signs. d. Pole signs and, where applicable, ground signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and or materials common to those used in the design of the building to which the sign is accessory 4. Wall, mansard, canopy or awning signs One wall, mansard, canopy or awning sign shall be permitted for each single occupancy parcel, or for each unit in a multiple- occupancy parcel. End units within shopping centers and multiple- occupancy parcels, or single occupancy parcels where there is double frontage on a public right -of -way, shall be allowed 2 signs;' but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length ofmorethan200ilnear, feet, are allowed 3 wall signs; however, the combined. area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display' area for signs shall not be more than 20 percent of the total square footage of the visual fagade unit including windows of the building or unit to which' the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet'200 square feet for buildings or units between 25,000 an'd,, 59,999 square feet and 250 square feet for buildings over 60;000 square feet in area. '' e. In addition, any ,non- illuminated, non - reflective signs located in a window shall not exceed 25 percenf of each window area. No building permit required i. Signs located in windows shall not be illuminated in any manner with th e following exception: 9 p a One sin per business establishment that is located in a9p window may have 2.25 square feet of illuminated signage. 9. On- premises directional signs may be permitted within nonresidential zoning districts intended, to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On- premises directional signs shall not exceed 6 square feet in area. On- premises directional sign shall not exceed 4 feet in height unless located on the side of the a building. On- premises directional signs shall be limited to 2 at each vehicle access point and a maximum of 4 internal to the development. Internal signs are not intended to be readily visible from the road. a. Directional signs located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line. 9. b. Directional signs may be combined into a single sign not to exceed 6 feet in height and 64 square feet in area. Such signs shall require a building permit. 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 06 00 Sign Regs and Stds by LUC_ errors of omission - DC 032012.doex Diana Compagnone 3/23/2012 10:48:48 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Text underlined is new text to be added. Text cthmugh is t i deleted.- d F ha Bold text indicates a defined term 14. Sandwich Board/ Sidewalk Sign. One sandwich board /sidewalk sign is allowed per business establishment at the entrance door of the business establishment as long as the base is no more than 30 inches and the maximum height of 42 inches. The sign location must allow for a passagewav of 36 inches for ADA accessibility of pedestrians and shall be removed from the entrance door area when the business is not open. 5.06.05 Exemptions from These Regulations The following signs and actions are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. Signs authorized to be displayed by law or by governmental order, rule or regulation. 1. Prohibitory signs (e.g., no dumping, no trespassing) 3 square feet in size or less and no more than 6 ft in height unless mobnted to a building may be allowed without a permit. 2. Reasonable repairs and maintenance. 22 # # # # # 23 s 4 L \LDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions \5 06 00 Sign Regs and Stds by LUC_errors of omission - DC 032012.docx Diana Compagnone 3/23/2012 10:48:48 AM v*_:. LDC Amendment Request ORIGIN: Collier Building Industry Association AUTHOR: Growth Management Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 6.02.01 Generally 6.02.03 Transportation Level of CHANGE: 1.) Subsection 6.02.01 D.12 of the LDC re development plans. The proposed amen development projects including: Site D Amendments, Site Improvement Plans, 2.) Subsection 6.02.03 DA of they LI first or second year of a work sch FDOT) 5 year work program and the Co The proposed amendment would add "or 3.) Subsection 6.02.03 E regarding potential] current standard applied and the propose( 4.) Subsection 6.02.03 G regarding the deter J ASI is no'longer the curfell imirat'es the 'subsection. REASON: Text underlined is new text to be added. Text ..t: ketlx.e gh is r.UFFent text to he deletedd Bold text indicates a defined term a "real time" c6h.64 would limit that re' i ment Plans, Site De tantial chaiilres and system for all ent to site lent Plan id; Plan projects. that capital improvements are included in the ie Florida Department of Transportation r County Schedule of Capital Improvements. d" year to both of these schedules. eficient road'segments is no longer the aendment eliminates the subsection. of adequate public facilities in or out rd applied and the proposed 1.) In Subsection 6.02.01 D:12 the "real time" concurrency system currently allocates trips when a development project is approved. The proposed language spells out that the concurrency system is not to be applied to Zoning and Land Rights actions (which are, instead, subject to a wth Management Plan consistency review). 2.) The proposed amendment to subsection 6.02.03 DA would increase the time frame for scheduled road and intersection improvements to be considered committed improvements for development review purposes. A three -year time period for a committed improvement is consistent with State DRI regulations and most local jurisdiction development review regulations found elsewhere outside of Collier County. This change would benefit the local development community and remove any competitive advantage that other jurisdictions would have for development projects, based on the status of committed improvements. 1: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \6.02.01 Generally and 6.02.03 Transportation Level of Service Reqs CC030212.docx Caroline Cilek 3123/2012 10:49:49 AM Text underlined is new text to be added. Te)d stFketh. ..h is t 4 .h F be deleted. Bold text indicates a defined term 4.) Subsection 6.02.03 E is outdated and is no longer utilized. The Minimum Level of Service (LOS) requirements are established in Policy 1.3 and 1.4 of the Growth Management Plan's Transportation Element provides the current standards. They are enforced by application of the TIS Guidelines. a. Section E.1: This subsection is redundant to Section 9 of the TIS Guidelines in purpose and intent. b. Section E.2: This subsection fails to comply with Objective 2 of the Transportation Element of the GMP. c. Section E.3: This subsection conflicts with section 12 of the TIS Guidelines, which determine how growth is to be applied and how potential failures are identified. d. Section EA: This subsection conflicts with policies 1.3 and 1.4 of the Transportation Element of the Growth Management Plan. Further, it could potentially be contrary to the established engineering methodology for determining minimum LOS. It is currently designed as more of a Transportation Element Policy rather than as an enforceable LDC requirement. 5.) Section 6.02.03 G is outdated and is no longer''i tilized. The current methodology is identified in Section 8 of the TIS Guidelines which establishes the `Area of Significant Influence' which is further defined by,the 2 % -2 % -3% analysis method to examine traffic distribution. FISCAL & OPERATIONAL IMPACTS: County's fiscal and operational impatcts include, 'but are not limited to, the following: 1.) Section 6.02.01, regarding the Transportation Concurrency Management System pertains to development orders, listed in the proposed language. The Concurrency Management System does not apply to comprehensive plan amendments, zoning petitions, or Planned Unit Development (PUD) zoning. Rather, comprehensive plan amendments and zoning petitions are reviewed for consistency with the Growth Management Plan. The proposed clarification will have no fiscal or operational impact to Collier County. 2.) Subsection 6.02.03 DA outlines the timeframe for the construction of the required capital improvement. Allowing projects listed in the Capital Improvement Element to be considered as "existing" for roadway capacity purposes during the three year planning window is not consistent with the TIS Guidelines, and would require revision of the document (currently unfunded). This increased planning window would allow roadway projects that are planned for construction within the three year window to be counted as available capacity, and could allow developments to gain approval without actual capacity being made available for up to three years as opposed to the current threshold of two years. Potential fiscal impacts to the County could result in an inability to adjust capital expenditures within the third year. Operational impacts would include the possibility for increased congestion for one year on a roadway that is planned for improvements within three years, instead of current two years. 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \6.02.01 Generally and 6.02.03 Transportation Level of Service Reqs CC030212.docx Caroline Cilek 3/23/2012 10:49:49 AM 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Text underlined is new text to be added. Te)d stF kethr.. 9h is nt te)d to he dele{e.1 Bold text indicates a defined term 3.) There are no fiscal or operational impacts to the County if subsection 6.02.03.E is removed. Concurrency guidelines are utilized in place of the outdated method. 4.) There are no fiscal or operational impacts to the County if subsection 6.02.03.G is removed. Concurrency guidelines are utilized in place of the outdated method. RELATED CODES OR REGULATIONS: Florida Statutes, Florida Administrative Code, Right -of -Way Permitting and Inspection Handbook, The changes to subsection 6.02.03 DA are not consistent with the current timeframe identified in the Traffic Impact Study (TIS) Guidelines and Procedures and would require revision of the document. GROWTH MANAGEMENT PLAN IMPACT: with the GMP. changes are consistent OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land' Development, Services on October 13, 2011; Edited December 7, 2011; Edited December 20, 2011, Edited, January 3, 2012" January 5, 2012; Edited February 29, 2012; March 2 2012 Amend the LDC as follows: y 6.02.01 Generally D. For the purposes of this section only, the following terms are defined as follows: 12. 1, '. Transportation Concurrency Management System means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis with quarterly status reports to the Board. Trips generated from proposed developments will be added to the trips approved,to date and the existing background traffic counts to determine if there isavailable capacity for each new development to be approved, in whole or part, as proposed development plans are submitted. Application of this system is limited to the following final local development orders: site development plan, site development plan amendment, site improvement plan, and subdivision plat and plan application. 6.02.03 Transportation Level of Service Requirements D. In assessing the capacity of a County road segment, a state road segment or TCMA for the purpose of determining whether it is operating below the adopted LOS, or would based on the traffic impacts identified in an approved TIS submitted as part of an application for a final local developments order, the County shall consider: 4. Construction of the required capital improvement is included in the first three e-F sad years of either the Florida DOT 5 year work program or the first three of 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \6.02.01 Generally and 6.02.03 Transportation Level of Service Reqs CC030212.docx Caroline Cilek 3/23/2012 10:49:49 AM 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. T-e) d `tFiketh... nh is t i ) to be d i }PA Bold text indicates a defined term seGeed years of the Collier County Schedule of Capital Improvements adopted as part of the Annual Update and Amendment of the Capital Improvements Element (CIE) and Collier County Annual Budget that follows approval of the AUIR. 6.02.03 Transportation Level of Service Requirements 6.02.03 Tra portation Level of Service Requirements Ate: 1 Cer development outside a desi ated ASI er where nn AS! exists, the .-1 p. u ..+v viy , GOmpenent shall be granted. 2. FOF development within a designated AS' GeYeFing a potentially deftient Fead segment, the Fead GOFFlpenent shall be appFeved, subjeGt to available ,' it is rl that the rn n d development Will m pnt ti Il i Fr- e there the nrnnne.ed development will nreate a definien+ d tthe1... vNv..rvu wv.vw Nei ra. , nertiGR of the development that dee nOt GFe to the definieRt Fe adI development r ivcfv 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \6.02.01 Generally and 6.02.03 Transportation Level of Service Reqs CC030212.docx Caroline Cilek 3/23/2012 10:49:49 AM CM Text underlined is new text to be added. Te.h stF;kethre..nh is euffent te)d to he deleted Bold text indicates a defined term 1 segment. For development within a designated AS! E;eveFdng a defieuent Fead 2 segmeRt, 3 development that dees ROt bRGFease the net tFips an the def*GieRt read Segment 4 and does not further deg Fade the LOS of the defioient roar! segment. 5 Jl # # # # # # # # # 5 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \6.02.01 Generally and 6.02.03 Transportation Level of Service Reqs CC030212.docx Caroline Cilek 3/23/2012 10:49:49 AM Text underlined is new text to be added. Text ..t i th h as GUFFent te..t to he deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Collier Building Industry Association AUTHOR: Growth Management Division Staff DEPARTMENT: Transportation Planning, Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 6.06.01 Street System Requirements 6.06.02 Sidewalks, Bike Lane and Pathway'' Requirements CHANGE: 1.) To remove subsection 6.06.01 K of the LDC! that requires a marginal access street be provided by the developer for a development or subdivision in certain situations. 2.) Subsection 6.06.01 S of the LDC states that 'the co subject to county approval If a new traffic light is development or subdivision is involved, then each the installation cost oft e traffic to devices." change the "pro rata" language to "propo'rtionate s identifies the cost would. be distributed "as define( Guidelines" T IQ, The payment formula is, outlri component of the, TIS Guidelines (p g. 14)' 1 Ill: action of a traffic control device is Tied and if more than one 11 make a "pro -rata contribution for proposed amendment would arid add language which the Traffic Impact Study the Fair -Share Mitigation Subsection 6.06.021 F outlines the design and construction materials for sidewalks, bike lanes and pathways. The amendment recommends removing the design and construction specifications and.propos'es the following 1) All sidewalks, both County and privately maintained, shall be designed and constructed in accordance with the latest edition of the Florida Department of Transportation's (FDOT) Design Standards and Design Specifcations for Road and Bridge Constructed, as amended; 2.) Sidewalks on County maintained arterial and collector roadways shall be constructed of a minimum of 6 inch thick concrete over a compacted subgrade; 3.) Sidewalks on local and private roadways shall be constructed of a minimum of 4 inch thick concrete over a compacted subgrade; and 4.) Clarifies the paver brick sidewalk construction standards. Subsection 6.06.02 F.3.b provides the general construction standards for asphalt pathways. The amendment proposes amending the thickness of the stabilized subgrade LBR 40) from 12 inches to 6 inches for all pathways. REASON: 1.) County Staff considers 6.06.01 K an unnecessary code requirement, and recommends omission from the LDC. The proposed amendment allows the design of the internally - owned and privately maintained roads to be at the discretion of the project owner. 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \6 06 01 Street System Requirements—sidewalks—pathways CC032312.docx 3/23/2012 10:52:03 AM Text underlined is new text to be added. Te)d stFikethrn nh in nF te)d to be deleted.- Bold text indicates a defined term 2.) The change to subsection 6.06.01 S will clarify the proportionate share language in the LDC and will better direct both applicants and Staff to use the correct "fair- share" calculation to determine the proportionate share responsibility expected of a development that impacts (or causes) any failing vehicular movements. 3.) This change to subsection 6.06.0 LF will provide additional flexibility and prevent the over design and over construction of sidewalks and pathways that has historically been required for privately maintained sidewalks and pathways. The proposed changes to sidewalk and pathway design standards will reduce the cost of construction for developers and the county while maintaining FDOT standards. FISCAL & OPERATIONAL IMPACTS: The County's fiscal and operational impacts include, but are not limited, to the following: 1.) County Staff considers subsection 6.06.01 K an unnecessary'' code requirement, and recommends omission from the LDC. Staff has not identified any fiscal or operational impacts to the County. 2.) The proposed modification of subsection 6.06.0l.S seeks to remove the term "pro rata" and replace it with "proportionate share." This 'change will assist in the implementation of the "Fair -Share Mitigation" component in the County's TIS guidelines. Staff has not identified any fiscal or operational jrnpacts to the County. 3.) The change to subsection 6.06.01.17''allows developers to construct 4 inch thick concrete sidewalks and pathways on local and privately owned and maintained streets. This option will reduce the cost of constructing local and private sidewalks. Staff has not identified any fiscal and operational impacts to the County. RELATED CODES OR REGULATIONS Flonda;Department of Transportation regulations; 1 1, and the Fair -Share Miti ationg section of the Traffic Impact Stu_y TIS) Guidelines and Procedures. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services, October 14, 2011; Edited December 7, 201, Edited December 20, 2011, Edited December 29, 2011, Edited January 3, 2012; Edited March 2, 2012; March 5, 2012; March 22, 2012 Amend the LDC as follows: 1 6.06.01 Street System Requirements 2 K. VVhere a subdivision oF development abuts OF Gentains existing limited acGess 3 highway, fteeway, or aFterial street, 2 LTDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \6 06 01 Street System Requirements—sidewalks—pathways CC032312.docx 3/23/2012 10:52:03 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Te..t strikethFough i GUFFBAt teA to he .deleted Bold text indicates a defined term leeel treffie may be ree,.ired by the Geunty 11 aneneF or designee S. Traffic control devices shall be provided by the developer when the engineering study indicates traffic control is justified at any street intersection within the subdivision or development or where the additional traffic flow results from the proposed subdivision or development onto any collector or arterial street. Traffic control devices are subject to County approval. If more than 1 development or subdivision is involved, each shall be required to make a PFe -rata proportionate share contribution for the installation cost of the traffic control devices as defined by the Traffic Impact Study Guidelines. The cost of all required traffic control devices shall be included in the, amount of subdivision performance security furnished for the required improvements. i # # # # # 6.06.02 Sidewalks, Bike Lane and Pathway Requirements F. Sidewalk, Bike Lane, and Pathway Design &; Construction /Materials. 1. All sidewalks shall be designed and1constructed In accordance with the latest edition of FDOT's Design Standards. Sidewalks on County maintained arteria or m Paver brick, sidewalks; or paver brick accents in sidewalks must be installed over a 4 -in6 thi6k, compacted limerock base and sand cushion. ex-Gept as ethenwi a '. Il.,.A.xpd above fer sidewalks 2. All bike lanes shall be designed and constructed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" or the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" (commonly known as the "Florida Greenbook ") requirements. 3. All pathways shall be designed in accordance with the most current FDOT Bicycle Facilities Planning and Design Handbook as it pertains to shared use pathways. Below are the preferred standards for pathway construction; however, if the applicant can demonstrate that a lesser cross - section will meet 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \6 06 01 Street System Requirements—sidewalks—pathways CC032312.docx 3/23/2012 10:52:03 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Text underlined is new text to be added. Bold text indicates a defined term the requirements of the County, then upon the approval of the County Manager, or designee, it may be permitted. Pathways may be constructed of the following types of materials: a. Concrete - County maintained pathways shall be constructed of a minimum of 6 inches of Portland cement concrete over a compacted subgrade. Pathways on local or private roadways shall be constructed of a minimum of 4 inches of Portland cement concrete over a compacted subgrade. All Pathways GGRs#FuctedofPeFtland GemeRt GORGFete, shy be a minim Fn of 6 inches think of oonoret Wh'oh may he oonStF noted 4 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \6 06 01 Street System Requirements—sidewalks—Pathways CC032312.docx 3/23/2012 10:52:03 AM Text underlined is new text to be added. Text ntFikethF9 9h is GUFFent text to he deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Nick Casalanguida, Deputy Administrator DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 9.04.08 Administrative Adjustment CHANGE: The LDC provides several forms of relief and flexibility for dimensional, technical and land related hardships. Variances, defined in Section 9.04.03, provide relief for a non self - imposed land related hardships. Administrative variances, Section 9.04.04, are limited to "minor after - the -fact yard encroachments for structures, including principal and accessory structures." Both residential and non - residential structure encroachments may be approved. Planned Unit Developments (PUDs) provide for the greatest flexibility and allow developers to define the standards within the development. The Code also offers alternatives for landscape plans, architectural and parking standards. These applications are processed administratively and can be applied for during a site plan submission. However, there are many land related issues which 'do. -not qualify for relief through these processes. It is proposed that an Administrative Adjustment process is created to address a wider array of low impact and non -use related issues. An Administrative Adjustment seeks to balance the adjustment while facilitating innovative and flexible planning. This section is not intended to replace the current established process of requesting adjustments through the Planned Unit Development (PUD) or Stewardship Receiving Area (SRA) rezoning process but will allow for adjustment requests within PUDs and SRAs The Administrative Adjustment lists specific types of adjustments that can be approved administratively. Each adjustment provides a threshold. For example, a sign setback adjustment allows up to a 50 percent diminution, but the setback may not be less than five feet. To mitigate for an adjustment, applicants will be required to provide an improvement to the site based on a rational nexus to the adjustment. The Administrative Adjustment would be applied for concurrently with a final local development order, such as site development plan (SDP), a SDP amendment, a site improvement plan (SIP), an insubstantial change or another development order. To be granted an Administrative Adjustment, the applicant must meet the stated criteria. The criteria include: The Zoning Director has reviewed the request and issued an opinion that the proposed adjustment is the minimum amount necessary and does not negatively affect adjacent property and the surrounding neighborhood; The County Engineer, or designee, has reviewed the request and issued an opinion that the request is consistent with the health, safety and welfare objectives of the County and is compatible with the current code; I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \9 04 08 Administrative Adjustment CC 032112- 2.docx Caroline Cilek 3/26/2012 3:12 PM Text underlined is new text to be added. Text nt: kethrn gh is t text t be deleted. Bold text indicates a defined term The County Manager, or designee, concurs with the opinions rendered in submittal requirements; and Collier County has received no written objections following the public notice requirements. The Administrative Adjustment will be reviewed by the Zoning Official, the County Engineer and approved by the County Manager or designee. If the application is denied because the applicant does not meet the stated criteria, the applicant may appeal the decision to the Collier County Planning Commission within 30 days. Upon submittal of the Administrative Adjustment request, applicants must provide public notice within 15 days to surrounding properties. Applicants must send notices to surrounding properties within 500 feet of the subject property. The notice, will include: (1) the subject property's address, folio number, and requested adjustment(s); (2) a brief narrative of justification for such adjustment(s; (3) a copy of the site plan with reference to the adjustment (in 11 by 17 inch or 8.5 by 11 inch format); (4) advise property owners of their right to submit a written objection within 30 days of the date of the letter; and (5) contact information for the Collier County Growth Management Division. A property owner who receives the public notice may submit a letter of objection within 30 days of the date of the letter, which will require the adjustment request to be determined by the Planning Commission. The Planning Commission shall consider the following: (1) if the adjustment is the minimum amount necessary; (2) if the adjustment(s) are consistent with policies of the GMP, LDC and PUD, or conditional use. Appeals of the Planning Commission's° decisions will be heard by the Board of Zoning Appeals. To appeal the administrative decision, standing shall be given to the applicant and recipients of the public notice requirement. Property owners that do not submit a letter of written objection to the County within the designated 30 days, waive the ability to appeal the Administrative Adjustment decision. REASON: The Administrative Adjustment process will address a wider array of low impact and non -use related issues. The process would grant flexibility to a property owner when a strict and literal application of a particular regulation may result in an impracticable outcome for the property owner. FISCAL & OPERATIONAL IMPACTS: The fiscal and operational impacts for applicants would include a more flexible and responsive Code. A fee, as determined by the County Fee Schedule would also apply. Additional staff time will be utilized to review the Administrative Adjustment applications. To address multiple adjustments within one application, a surcharge per adjustment may be applied. RELATED CODES OR REGULATIONS: Section 9.04.04 Variances; Section 9.04.04 — Specific Requirements for Minor After -the Fact Encroachments GROWTH MANAGEMENT PLAN IMPACT: None. *. 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \9 04 08 Administrative Adjustment CC 032112- 2.docx Caroline Cilek 3/26/2012 3:12 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Text underlined is new text to be added. Te.h ntr'Lethreugh is GUFFent text to he deleted Bold text indicates a defined term OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner; Edited 11/21/11; Edited 11/30/11; Edited 1/11/12; Edited 2/17/12; Edited 2/27/12; Edited 3/8/12 Amend the LDC as follows: 9.04.08 Administrative Adjustment A. Granting of an Administrative Adiustment._ Upon written request on a form provided b the Growth Management Division the County Manager or designee is authorized to grant an Administrative Adjustment. Administrative:. Adjustment requests shall be made concurrently with an application for a Site Development Plan (SDP), SDP Amendment, Site Improvement Plan (SIP) an insubstantial - `change 'or other final local development order. B. Applicability. Property owners shall be eligible to seek an Administrative Adjustment in all zoning districts including the Planned Unit Development (PUD) and the Stewardship Receiving Area (SRA) zoning designations. 1. One or all of the following adiustments to dimensional standards may be requested: a. A reduction of a front, rear, side, yard, up to 25 percent, but no greater than 5 feet: b. A reduction of a preserve setback, up to 25 percent, but no greater than 5 feet. Adjustments greater than 12 inches shall be due to the irregular shape of a parcel, lot, or preserve.. C. A reduction of a required sign setback, up to 50 percent, but the setback may be no less than 5 feet: d. One additional directional sign per 5 acres may be constructed internal to a non- residential Droiect or site 15 acres or more in size. Directional sians e. F.5 of Collier County Land Development Code. f. Two additional flagpoles for non - residential properties, not to exceed 3 flag poles per non - residential property. The flagpoles may be located internal to the property and not restricted to the entrance of the property. C. Review Criteria. Administrative Adjustments may be granted by the County Manager or designee, subject to finding that the following criteria have been met. 1. The Zoning Director has reviewed the request and issued an opinion that the proposed adjustment is the minimum amount necessary and does not negatively affect adjacent property and the surrounding neighborhood; 2. The County Engineer, or designee, has reviewed the request and issued an opinion that the request is consistent with the health, safety and welfare objectives of the County and is compatible with the current code: 3. The County Manager, or designee, concurs with the justification and opinions rendered in subsection D.2 and D.3 below and as reviewed or modified by staff: and 4. Collier County has received no written obiections after public notice as provided in subsection G below. shall meet a minimum 10 foot setback from all property lines. Directional 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \9 04 08 Administrative Adjustment CC 032112- 2.docx Caroline Cilek 3/26/2012 3:12 PM 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Text ntFikethm nh is nt text to hedeleted. Bold text indicates a defined term D. Submittal Requirements. The submittal requirements for an Administrative Adiustment include the following: 1. Site plans, signed and sealed by a registered professional engineer or architect which accurately depict and list the applicant's adjustment request. 2. Written justification for each request for administrative adjustment indicating why the Land Development Code requirement is not feasible or too burdensome and why the administrative adjustment is needed; 3. A signed written opinion from a certified planner, registered professional engineer, or architect detailing the impacts of the administrative adjustment on adjacent land uses and structures: and proof of the notice mailing _fcertified mail receipt) shall be attached to the affidavit. 5. The Countv M assist in the e% E. Conditions. The C may request additional backup documentation to ria in subsection C above. designee may grant the Administrative Adjustment d °conditions in the approval letter. For example, an tback may be conditioned on an increase in the d setback in order to minimize impacts to adjacent nt_ within 60 days of the date of submittal of the ection B.1. date of submittal of the Administrative Adiustment properties. F. Administrative Decision. The County Manager or designee shall provide a written Property owners of their right to submit a written obiection within 30 days of the date of the letter: ana (o) proyiae' contact intormatlon Tor Golller Gountv Growth Manaaement Division. 1. If a notified property owner submits a written objection to Collier County within 30 days of the date of the public notice required in 9.04.08 G. above, the matter shall be scheduled for public hearing before the Planning Commission, unless the letter of objection is withdrawn. In such cases, the Board of County Commissioners delegates the authority to review the Administrative Adjustment to the Planning Commission and includes this review as a part of the Planning Commissions powers and duties under Section 250 -58 of the Collier County Code of Laws and Ordinances. The time and place of the public hearing shall be advertised in a newspaper of general circulation in the county at least 15 days prior to the public hearings and shall specifically note the location of the property and the requested adjustment. 4 I:\LDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions \9 04 08 Administrative Adjustment CC 032112- 2.docx Caroline Cilek 3/26/2012 3:12 PM IMM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Text underlined is new text to be added. Text StFikethMUgh 46 nt text to be deleted Bold text indicates a defined term 2. Considerations. The Planning Commission, in considering whether to approve, approve with conditions, or deny the proposed Administrative Adjustment, shall consider the following: a. Whether the adjustment is the minimum amount necessary; b. Whether the conditions set forth by the County will mitigate for the impacts from the requested adiustment(s) on neighboring properties by maintaining or enhancing compatibility through various measures, such as, but not limited to the installation of additional landscape plantings, providing an increased buffer, or providing a fence or walls; and C. Whether the requested adjustments) are consistent with and further applicable policies of the GMP and the requirements of the LDC, PUD, or Conditional Use, as may be applicable. H. Appeals. 1. If the adjustment is administratively denied, the applicant may either (j) proceed to a variance application or (ii) appeal the administrative denial to the Planning Commission. 2. icant m of the condition(s) are reasonable and necessary in light of the criteria set forth in sub- section C above. All decisions of the Plannina Commission rendered under this section may be appealed to the Board of Zoning Appeals. 4. Any aggrieved property owner may appeal decisions rendered under this Section in accordance with Section 250 -58 of the Collier County Code of Laws and Ordinances. 5 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \9 04 08 Administrative Adjustment CC 032112- 2.docx Caroline Cilek 3/26/2012 3:12 PM Text underlined is new text to be added. Te..et Str:Le thFO gh is nt text to be deleted-. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners Directed AUTHOR: Jamie French, Director, Operations and Regulatory Management DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 10.01.02 Development Orders CHANGE: To include an Early Construction Authorization (ECA) provision within the LDC. This would allow limited building construction to occur prior to an., approved site development plan (SDP), site development plan amendment (SDPA) or site improvement plan (SIP) in certain situations and at the owner's risk. E permit, the applicant will need to meet the followin set of criteria: To apply for an CA pp g A form provided by the Collier County Growth Management Division' is submitted that clearly states the developer u>iaerstands that all such preliminary construction activities are at his/her own risk and shan'abide by the submittal time frame identified in subsection 10.01.02 C.3. The zoning designation is approved and the use permitted'. The proposed vegetation removal complies with Section 3.05.05.0. The site development pan', improvement plan or amendment application has been submitted and reviewed by the Land Development Services and the first set of comments posted. The underlying zoning designation must be appropriate and the use(s) permitted. The building permit application''and plans have been submitted, reviewed and approved for the: portion of work toi be authorized for the permit by the Collier County Building Department. The building application and plans have been submitted, reviewed and approved for the portion of work to be authorized for the permit by the Office of the Fire Code Official and under the Florida Fire Prevention Code. Posting of abond or other surety acceptable to the County, to ensure that any construction'improvements will be removed if the development does not receive the necessary development order or zoning approval. The Bond or surety shall be in an amount equal to an'estunated cost prepared by the developer and approved by the County Manager or designee to remove the improvements granted by the ECA permit. The ECA may be granted once the SDP, SDPA, or SIP has received the initial review with comments by the Planning and Zoning Department. To expand upon the proposed amendment, the review period by the Planning and Zoning Department could be conducted in fifteen (15) business days, rather than the standard thirty (30) business days. To offer a review service guarantee, a refund policy for the Planning and Zoning Department can be established. If the initial review is not completed within fifteen (15) business days then a percentage of the review fee would be refunded to the applicant. To accomplish this service guarantee, the Collier County I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \10 01 02 Development Orders Req_Early Construction 032312.docx Caroline Cilek 3/23/2012 12:20 PM Text underlined is new text to be added. Te.h n{r'.Lethrough is t { )d to N deleted.- Bold text indicates a defined term Fee Schedule and would need to be amended and reflect a similar refund policy as the Building Permit Review section (pg. 16, II A). Limitations on the construction activity are included to control for unapproved site improvements. Construction may commence up to the first building code inspection, subject to the time limitations outline in the Florida Building code, section 105.4.1 Permit intent, which state that "Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced." The bond or surety shall become effective if the applicant does not receive an approved site plan from the Planning and Zoning Department. Site improvements shall be removed if the site plan or zoning application is denied by the County. REASON: On May 25, 2010 the Board of County Commissioners authorized the issuance of a building permit prior to the approval of the site plan for the Florida Specialties, Inc. expansion project in Immokalee. The project met the criteria for the Fast Track Program, an incentive program managed by the Economic Development, Council (EDC) that allowed for an expedited permit process. The Executive Summary identified the need to create at DC Amendment to modify Section 10.02.03 and allow businesses to use a similar exception process within the LDC and based on the Fast Track Economic Development Project ;;,Following the closing of the EDC, the Fast Track process is no longer an active it economic development and creating a amendment provides for an expedited is similar to the Florida Snecialties`trc review, meet sp approval. lowever, the County continues to make nvironment, a priority. The proposed The Early Construction Authorization the applicant to apply for an expedited tion prior to complete site plan At present; LDC Section 1,0.01 02 prohibits development or development related activities prior to an approved development order, except where an Early Work Authorization (EWA) has been approved. An EWA may be obtained for specified site preparation and infrastructure construction provided certain criteria are met. The expansion of 10.01.02 will allow the County Manager or designee to issue a conditional building permit for building construction activity prior to an approved site plan. FISCAL & OPERATIONAL IMPACTS: The proposed amendment provides an opportunity for qualified projects to receive an expedited review process which saves time and money for the developer. The proposed amendment targets new and expanding businesses within the county to support job growth and creation. RELATED CODES OR REGULATIONS: Florida Building Code: 105.12 Work starting before permit issuance, 105.13 Phased permit approval; Collier County Building Blocks — Procedure for Early Work Authorization Per 2004 FBC, Section 105.12 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \10 01 02 Development Orders Req_Early Construction 032312.docx Caroline Cilek 3/23/2012 12:20 PM Text underlined is new text to be added. Tevt stFiket..re Ugh is surFest tevt to be deleted Bold text indicates a defined term LDC amendment, 3 05 02 G 1 -7 Exemptions from Requirements etc., is proposing changes to Section 10.01.02 Development Orders Required. If either LDC amendment is approved all changes would need to be combined. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: January 6, 2012; Edited February 21, 2012; March 5, 2012 1 Amend the LDC as follows: 2 3 10.01.02 Development Orders Required 4 5 A. Development Order Required. No on -site or off, site development or development 6 related activities, including site preparation or infrastructure construction, will be allowed 7 prior to approval of the otherwise required ;''development order or 8 develepttdevelopment permit including', but not limited to:` Construction 9 Drawings, or SCP, except where early work authorization or early construction 10 authorization has been approved. 11 B. Early Work Authorization (EWA). 1 II r ved b the Count Manager, or designee, " for 1 or121. An EWA permit may be,app o y y g 13 more of the followin activitles, 14 a. Vegetation removal (site clearing); 15 b. Excavations; i 16 C. Site.filling; 17 d. Construction of stormwater management facilities limited to ponds, 18 retention /detention areas, interconnection, culverts, and swale systems; 19 and, 20 e. Off -site infrastructure. 21 f Construction' of a, perimeter landscape buffer, berm, wall, or fence. 22 2 The County may issue an EWA permit;',for the allowed activities, subject to 23 demonstrated compliance with the following criteria, as applicable: 24 a. The proposed vegetation removal complies with Section 25 3.05.05. O 26 b. County right -of -way, permit has been approved; 27 c. A determination of native vegetation to be retained for landscaping which 28 would comply with Section 4.06.00 29 d. An excavation permit has been approved; 30 e. A Soil and'. Erosion Control Plan demonstrating compliance with the 31 provisions of Section 10.02.02. C..; 32 f. Copies of all approved Agency permits being submitted, including, but not 33 limited to: SFWMD, ACOE, USFWS, and FFWCC; 34 g. Determination of legal sufficiency of the EWA permit by the County 35 Attorney's Office; 36 h. Posting of a Revegetation Bond of not less than $2,000.00 nor more than 37 $5,000.00 per acre dependent on the character of vegetation being 38 removed; 39 i. Assurance that all underlying zoning approvals are in place (e.g. PUD, 40 C.U., etc.); 41 j. This approval is good for 60 days with the possibility of 2 ea. 30 -day 42 extensions dependent on the reason for the inability to gain proper 3 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions \10 01 02 Development Orders Req_Early Construction 032312.docx Caroline Cilek 3/23/2012 12:20 PM Text underlined is new text to be added. Te.h Str'Lethri. ..h i ..t text to be deleted. Bold text indicates a defined term 43 approvals. After that time, cleared areas must be graded off and hydro - 44 seeded; 45 k. The developer must clearly state his understanding that all such 46 preliminary construction activities are at his own risk; 47 I. Provide assurance that the schedule of developmentdevelopment 48 activities created in accordance with the VRSFP, will commence at the 49 time the EWA is issued, and will be a part of that 18 month time frame as 50 set forth in Section 4.06.04 A 1.a.vii.d. 51 C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a 52 conditional building permit prior to development order approval subiect to the criteria 53 limitations, and procedure established in this section. 54 1. The ECA may be approved by the County Manager or their designee if the 55 following criteria are met: 56 a. A form provided by the Collier County Growth Management Division is 57 submitted that clearly states the>'developer understands that all such 58 preliminary construction activities'are at his /her own risk and shall abide 59 by the submittal time frame Identified in subsection 10.01.02 C.3. 60 b. The zoning designation,ls "approved and the use permitted. 61 C. The proposed vegetation'rem ova I complies with Section 3.05.05.0. 62 d. The site development plan °rimprovement plan or amendment application 63 has been submitted and reviewed by the Planning and Zoning 64 Department and'the first review''' comments are posted. 65 e. The building ca ion and'' plans have been submitted reviewed 66 and the portion 'of''work to, be authorized by the permit has been approved 67 by the Collier County Building' Department. d or to ens 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \10 01 02 Development Orders Req_Early Construction 032312.docx Caroline Cilek 3/23/2012 12:20 PM any construction improvements will be removed if the development does not receive.th°e necessary development order or zoning approval. The bond or surety shall 'be' in, an amount equal to an estimated cost prepared by.the developer and agq[oved by the County Manager or designee to remove the imp'rovements'g'ranted by the ECA permit. 2. Limitations on construction activity. a. Construction can commence up to the first building code inspection subiect to'the time limitations identified in section 105.4.1 Permit intent, of the Florida Building Code. b. If the site development plan, improvement plan or amendment is denied by the County, then the developer shall remove any improvements Permitted by the ECA's conditional building permit within thirty (30) days of the denial. Failure to remove the improvements within thirty (30) days will result in the forfeiture of the Bond or surety provided for in 10.01.02 C.1.g. 3. Procedure. a. The ECA permit shall be reviewed by the Collier County Planning and Zoning Department and the Building Department though a combined submission process. b. Failure to receive an approved site plan prior to the expiration of the building permit shall result in the forfeiture of the bond or surety provided for in 10.01.02 CA.% 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \10 01 02 Development Orders Req_Early Construction 032312.docx Caroline Cilek 3/23/2012 12:20 PM Text underlined is new text to be added. T-e)d stFiketilFeUgh us GUFFeAt text to be deleted-. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division, Planning and Regulation AUTHOR: John Podczerwinsky, Development Review Project Manager, Growth Management Division DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 10.02.03 Submittal Requirements CHANGE: Currently, the LDC requires that Collier Transportation (FDOT) Right -Of -Way (ROW) perm Development Plans (SDP) approval. The proposed amendment stipulates that Co] submitted following SDP approval and at/or REASON: During SDP approval there] are many impact public Rights of Way [ROW]. The Collie must review the proposed SDP for impacts to the However, the current LDC provisions require RO causing a discrepancy in the sequence of permit a eliminate the discrepancy in timing caused by req SDP approval. opment Plans and', Florida Department of be submitted prior to Site and FDOT ROW permits may be hanges' °,proposed to a site that can often County ROW Permitting Department often OW prior to, issuing a ROW permit. J permits to be issued prior to SDP approval; pro als' It is the intent of this revision to iring the ROW permit to be issued prior to Further, the processes for SDP approval and FDOT ROW permits are contradictory; FDOT can only issue a notice of intent, but''not a full ROW permit until a SDP is approved. Per Florida Administrative Code, Chapter 14 -97, FDOT ROW permits are subject to local development order (i.e. SDP, SDPA) approval. FISCAL & OPERATIONAL IMPACTS: Fiscal impacts to the County include reduced time and labor in the application review;', process, once this redundant review process is eliminated. RELATED CODES OR REGULATIONS: Florida Administrative Code. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner on October 17, 2011 Edited February 27, 2012 1 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \10 02 03 B 1 j -k Submittal Reqs for SDPs_ROW process 031312.docx 3/2312012 12:24:04 PM Text underlined is new text to be added. Text St: ethF gh 65 Rt + d te be deleted, Bold text indicates a defined term Amend the LDC as follows: 1 2 10.02.03 Submittal Requirements for Site Development Plans 3 4 B. Final Site development plan procedure and requirements. 5 6 1. Site development plan submittal packet: 7 8 j. Permits. All necessary permits and necessary applications requiring 9 county approval and other permitting and construction related items, 10 including but not limited to the following, shall be submitted and approved 11 with the site development plan: 12 i. Florida Department of Environmental Protection water and sewer 13 facilities construction permit application. 14 ii. Excavation permit application. 15 iii. A Notice of Intent [NOI] to issue either a Florida Department of 16 Transportation and/or Collier County right -of -way permit. utilities 17 18 mss. 19 20 olnr m'e n4 nl.+n appFe i.+l 21 ivy. Blasting permit prior to commencement of any blasting operation. 22 v_-W. South Florida Water Management District permit, if required, or, 23 Collier County, general permit for water management prior to site 24 development plan approval. 25 vlvff. Interim wastewater and /or water treatment plant construction or 26 interim septic system'and /or private well permits prior to building 27 permit approval. 28 viivi-i+. Any additional state and federal permits which may be required 2 9 prior to commencement of construction, addressing the impacts 30 on jurisdictional wetlands and habitat involving protected species. 31 viiik:. All other; pertinent data, computations, plans, reports, and the like 32 necessary for the proper design and construction of the 33 development that may be submitted. 34 ix -X. All necessary performance securities required by Collier County 35 11 ordinances in effect at the time of construction. 36 k. Permits The following permits if applicable require final approval and 37 issuance prior to the County pre- construction meeting: 38 i. Florida Department of Transportation Right -Of -Way Construction 39 Permit. 40 ii. Collier County right -of -way rROWI permit. 41 # # # # # # # # # # # # # 42 43 10.02.05 Submittal Requirements for Improvement Plans 44 45 F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. 46 47 2. SIP submission requirements, preparation standards and notes. 48 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \10 02 03 B 1 j -k Submittal Reqs for SDPs ROW process 031312.docx 3/23/2012 12:24:04 PM 1 2 3 4 Text underlined is new text to be added. Te)d StFikethFO gh is nt {e)d to be deleted Bold text indicates a defined term h. A right -of -way permit shall be required, subject to subsection 10.02.03 This n t shall he oh nnrn iol of the SIR 4 onrw ofB. 1.k. pefr,T,taj ed -ie o same6hall be submitted to they assigned planner 3 I:TDC Amendment 2012 Cycle 1 Wmendment Revisions\Author Revisions \10 02 03 B 1 j -k Submittal Reqs for SDPs_ROW process 031312.docx 3/23/2012 12:24:04 PM Text underlined is new text to be added. Te)d Gt FikethM gel. is nt text to be deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Bill Lorenz, Director, Land Development Services and Claudine Auclair, Business Center Manager DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 10.02.03 Submittal Requirements for Site Development Plans CHANGE: Section 10.02.03 provides guidance for Site Development Plan Amendments and insubstantial changes. To provide clarity as to what qualifies as an insubstantial change, the proposed amendment removes language detailing an Amendment and focuses on insubstantial changes only. The evaluation criteria have been modified to reflect that an insubstantial change is lower in impact and requires a reduced level of review. The proposed amendment will allow for an expedited review within the Land Development Services Division. Projects that do not fall into the insubstantial change category will be treated as a Site Plan Amendment and will follow the established procedure. REASON: The proposed amendment originated from a department wide discussion on how to better accommodate and review insubstantial changes. To develop a more efficient process, each Land Division Services department created standardized criteria related to its field. This criteria is currently being used in practice, but is not codified. This will provide applicants a better understanding for how their application will be reviewed and by which department. Each of the criteria is organized by department and will assist Staff in identifying which departments need to review the application. The proposed amendment also supports a new combined submission process for applications. The combined process will allow an applicant to submit the zoning permit and the building permit applications on the same day to the respective departments. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will allow for an expedited review for applicants, allowing applicants to save time and financial resources. The fiscal and operational impacts for the County include a reduced number of reviewers and time dedicated to low impact projects. The fees for an insubstantial change will remain the same. RELATED CODES OR REGULATIONS: Collier County Administrative Code, Florida Building Code. GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services, November 2, 2011 1 LIM Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \10 02 03 B 3 Submittal Reqs for insub change SDPI and SIR 032212.docx CarolineCilek 3/26/2012 3:14:32 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Text underlined is new text to be added. Text stFikethMugh is GUFFent text to be deleted. Bold text indicates a defined term Edited Nov. 8, 2011 Edited Nov. 29, 2011 Edited Dec. 14, 2011 Amend the LDC as follows: 10.02.03 Submittal Requirements for Site Development Plans B. Construction of Required Improvements 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \10 02 03 B 3 Submittal Reqs for insub change SDPI and SIPI 032212.docx CarolineCilek 3/26/2012 3:14:32 PM the i. inn, There a Rty Ma RageF nr Rs his deGig te the exi6tiRg Ree IandSGape that the ti• .! L landsGalpe th aFGhite tF Gt ft it ft a plan would alteF J1 OF irqpaGt Jl t Jl 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \10 02 03 B 3 Submittal Reqs for insub change SDPI and SIPI 032212.docx CarolineCilek 3/26/2012 3:14:32 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Tek4 stFikethreugh *6 GUFFeRt text to be deleted. Bold text indicates a defined term 10.02.03 Submittal Requirements for Site Development Plans B. Construction of Required Improvements 3. Insubstantial changes This process provides for insubstantial changes to a Site Development Plan (SDP) or Site Improvement Plan (SIP). This process allows minor changes that normally involve no more than four review departments. Insubstantial changes may be applied to an approved portion of a SDP or SIP. All insubstantial changes shall be consistent with the existing zoning of the site. a. Insubstantial Change Procedure An insubstantial change request shall M may be permitted) c) - A change to pedestrian facilities within the public right-of-way d) A chance to a site which has frontage on roadway listed in the County's 5 -year Capital Improvement Element ii. There is no significant change to the water management system. The following guidelines shall be reviewed to determine the significance: a) The South Florida Water Management District provides a letter or waiver of no objection for the project indicating no significant changes are necessary b) A change to the water quality or quantity and impervious surface c) A change to the drainage flow pattern iii. There is no significant change to the utility system. The following guidelines shall be reviewed to determine the significance: a) A site plan change that is not located within the Collier County Water and Sewer District and obtains a letter of no objection or approval from the utility provider b) A change in the size of piping 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \10 02 03 B 3 Submittal Reqs for insub change SDPI and SIPI 032212.docx CarolineCilek 3/26/2012 3:14:32 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 c) d) e) iv. There is no significant Text underlined is new text to be added Text S•. kethF gh iG t F . tn be i . Bold text indicates a defined term A conflict with existing utilities Additional flow to the water and /or sewer system A proposal or expansion of grease laden waste production change to the required retained vegetation The following guidelines shall be reviewed to determine the significance: a) A change to the reconfiguration of preserve areas or conservation areas b) A change requiring clearing V. There is no significant change to the site design layout The following guidelines shall be reviewed to determine the significance: a) A change to the parking and building arrangements, such as the area alignment location and height b) A change in buffer widths at the perimeter of the site c) A change in the number of required plantings d) A change in open space vi. There is no significant change to the architectural standards The following guidelines shall be reviewed to determine the significance. a)' A change to standards in Section 5.05 08 Architectural and Site Design Standards (Section 5.05.08.E.3 Service Function Areas and Facilities may be permitted) c. Changes determined to be substantial m development Plan amendment, which sl set forth for a new site development pla De approved as a site follow the review procec 4 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \10 02 03 B 3 Submittal Reqs for insub change SDPI and SIR 032212.docx CarolineCilek 3/26/2012 3:14:32 PM Text underlined is new text to be added. T .h t 'L th.e. gh is nt tevt to be deleteda Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division Planning & Regulation AUTHOR: Bill Lorenz, Land Development Director and John Houldsworth, Senior Site Plans Reviewer DEPARTMENT: Land Development Services AMENDMENT: 2012 Cycle 1 LDC SECTION: 10.02.03 Submittal Requirements for Site Develop 10.03.05 Notice Requirements for Public Hearings the Board of Zoning Appeals, The EAC, and the H CHANGE: Revise the extension provision i one year extensions to two year extensions may apply for a site development plan amen plan valid and current with the Code In Section 10.03.05 S states an SDP amended to 3 years. Before'the BCC, the Planning Commission, storic Preservation Board approved Site Development Plan (SDP) from wing two, , two -year extensions an applicant t, (or an insubstantial change) to keep the site years, which is incorrect. This error has been REASON: Current economic conditions necessitate the need for additional time for completion of an SDP. This revision would''be'consistent with what the State of Florida has approved in the way of granting two year extensions of existing development permits. The limit on the number of extensions will assist in making sure the site plan is consistent with Code. The scrivener's error states an incorrect a SDP time limit. FISCAL & OPERATIONAL,IMPACTS: Land Development Services currently collects 150.00 per year for each extension. Under the proposed amendment, we would collect $150.00 per extension approval. RELATED CODES OR REGULATIONS: 10.02.05 B.11 — Subdivision Expirations. This section is also being revised simultaneously during this LDC amendment cycle and will be consistent with this proposed amendment. GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact. ADVISORY BOARD RECOMMENDATIONS: DSAC: DSAC reviewed an earlier draft and recommend modifying the current 10.02.03 B.4.b.i to read: "Two year extensions of the three -year limit of the approved SDP or the approved SDP amendment may be granted for good cause shown." OTHER NOTESNERSION DATE: Prepared by John Houldsworth, Senior Site Plans Reviewer on October 12, 2011 1 I: \LDC Amendment 2012 Cycle 1 Wmendment RevisionsWuthor Revisions \10 02 03 B 4 b Submittal Reqs for SDPs_extended CC 031412.docx John Houldsworth 3/23/2012 11:22:03 AM Text underlined is new text to be added T: Leth Mugh t f d 1 be deleted. Bold text indicates a defined term DSAC- LDR Approved 11/14/2011 Edited January 27, 2011, Caroline Cilek Amend the LDC as follows: 1 2 10.02.03 Submittal Requirements for Site Development Plans 3 4 B. Final Site development plan procedure and requirements. 5 6 4. Procedure for review of application. 7 8 b. Approved site development plans (SDPs) shall remain in force for three 9 (3) years from the date of approval,'as determined by the date of the SDP10approvalletter. If construction has not commenced within 3 years, the site 11 development plan approval term will expire and the SDP approval is of no 12 force or effect. 13 i—,, An amendment to the SDP may be applied for and may be14grantedpriortotheoriginalexpiration ' date, so long as the15proposedamendmentcomplies'' with the LDC' requirements in 16 force at,; the time of the SDP amendment submittal. The SDP 17 amendment shall remain in effect for 3 years from the date of 18 approval; as determined by the date of the SDP amendment 19 approval letter. T. 20 i k end- eke -yeas wo. year extensions o „r yeaF limit 21 e€ for the approved SDP or, the approved SDP amendment may22begranted. A maximum of tdvo (2) extensions may be granted 23 before'. a SDP amendment is required and the extension is 24 reviewed for LDC' compliance. A written request shall be 25 submitted to and approved by the County Manager or their 26 designee prior to expiration of the then effective approval term 27 28 Fflanag a, __ VFE)GessingladmiAiStFative fee. 29 c. Once construction has commenced, the approval term shall be determined as 30 follows. The construction of infrastructure improvements approved under an SDP 31 or SDP Amendment shall be completed, and the project engineer's completion 32 certificate providedl to the Engineering and Environmental Services Director, 33 within 30 months of the pre- construction conference, which will be considered the 34 date of commencement of construction. A 1single ,2e„t; Two year extensions 35 to complete construction may be granted. fergeed - cause- shewR. A maximum of 36 two (2) extensions may be granted before an amendment is required and the 37 extension is reviewed for LDC compliance Each request should provide written 38 justification for the extension and n Witten Feq to t shall be submitted to, and 39 approved by the County Manager or their designee prior to expiration of the then 40 effective approval term. Thereafter, once the SDP or SDP Amendment approval 41 term expires the SDP is of no force or effect. 42 # # # # # # # # # # # # # 43 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning44Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation 45 Board 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \10 02 03 B 4 b Submittal Reqs for SDPs extended CC 031412.docx John Houldsworth 3/23/2012 11:22:03 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 S Text underlined is new text to be added. Te)d 4 'L- th a h deleted-. en Text to he Bold text indicates a defined term Site development plan time limits. Approved final site development plans (SDPs) only remain valid and in force for 2 3 years from the date of approval unless construction has commenced as specified in section 10.02.03 of this Code. If no development, i.e., actual construction, has commenced within 2 3 years, measured from the date of such site development plan approval, the site development plan approval term expires and the SDP, is of no force or effect; however, 1 amendment to the SDP, may be approved, prior to the expiration date, which would allow the SDP as amended to remain valid for 2 3 years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term -will be determined by the provisions of section 10.02.03 of this Code. 3 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \10 02 03 B 4 b Submittal Reqs for SDPs_extended CC 031412.docx John Houldsworth 3/23/2012 11:22:03 AM Text underlined is new text to be added. T .+ StFikethFeugh is n..rrent text to be deleted_ Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division Planning and Regulation AUTHOR: Bill Lorenz, Land Development Director, John Houldsworth, Senior Site Plans Reviewer DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC/ SECTION: 10.02.05 Submittal Requirements for Improvement Plans CHANGE: Revise extension dates for approved Construction Plans and Plats from one year y g y extensions an applicant may applyextensionstotwoyearextensions. Followin two - year extenslo for a site development plan amendment (or an msubstantial change) to keep the site plan valid and current with the Code. REASON: Current economic conditions necessitate the need for additional time for completion of improvements. This revision would, ,be consistent with what the State of Florida has approved in the way of granting two year extensions "of existing development permits. The limit on the number of extensions will assist in making sure the site plan is consistent with Code. FISCAL & OPERATIONAL IMPACTS Land Development Services currently collects 150.00 per year for each extension. Under the proposed amendment, we would collect $150.00 every two years for extension approvals. Extensions are tracked by County Staff and the extension will require less time dedicated to monitoring. RELATED CODES OR REGULATIONS: 10.02.04 BA.b site development plan time limits. This section is also being revised by the appropriate amendment and will be consistent with this amendment., GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact. ADVISORY BOARD RECOMMENDATIONS: DSAC: Recommended 'amending the last sentence to read as follows: "Each request should provide written justification for the extension. Additional extensions and may be r anted at the discretion of the County Manager or designee." OTHER NOTESNERSION DATE: Prepared by John Houldsworth, Senior Site Plans Reviewer on October 12, 2011. Edited January 27, 2012, Caroline Cilek, Senior Planner; Edited March 2, 2012 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \10 02 05 B Submittal Reqs for Improv Plans—extended CC 2012- 3- 14.docx John Houldsworth 3/23/2012 11:22:42 AM Text underlined is new text to be added T )d StFiketh... h' t! t 4 be deleted.- Bold text indicates a defined term Amend the LDC as follows: 1 10.02.05 Submittal Requirements for Improvement Plans 2 3 B. Construction of required improvements. 4 5 11. Expiration. If improvements are not completed within the prescribed time period 6 as specified in section 10.02.04 B.3.b and a subdivision performance security7hasbeensubmitted, the engineering review director may recommend to the 8 board that it draw upon the subdivision performance security or otherwise cause9thesubdivisionperformancesecuritytobeused''to complete the construction, 10 repair, and maintenance of the required , improvements. All of the required 11 improvements shall receive final acceptance by the Board of County12Commissionerswithin36monthsfromthedateoftheoriginalboardapproval. 13 The developer may request ene 'two -year extensions for completion and 14 acceptance of the required improvements. A maximum'''of two (2) extensions may 15 be granted before a site development plan am' mendment is required and the 16 extension Is reviewed for LDC compliance Each request should provide written 17 justification for the extension. AdditodRai e)densiqns and may be granted at the 18 discretion of the County Manager or designee 19 # # # # # # # # # # # # # 2 LTDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \10 02 05 B Submittal Reqs for Improv Plans extended CC 2012- 3- 14.docx John Houldsworth 3/23/2012 11:22:42 AM 2 3 4 5 6 7 8 9 10 11 12 13 Text underlined is new text to be added. T-e)d L "k tM a h nt te)d to he deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division — Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 10.02.06 Submittal Requirements for CHANGE: Correct scriveners' error in 10.02.06 D Remove incorrect citations Grammatical and other corrections „''' I'lll REASON: The opening paragraph to identify, when agricultural clearing permits apply is missing and has accidently been replaced with the opening paragraph for agricultural clearing notices. The requirements outlined in subsection '10 02.06 D:1 apply to agricultural clearing permits and those in subsection 1 02 06 D.2 to agr>4c cultural clearing notices. The opening paragraph for agricultural clearing notices currently appears twice, at the beginning of both subsections. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None "affected GROWTH MANAGEMENT PLAN IMPACT: The proposed amendment will have no affect on the GMP. OTHER NOTES/VERSION, DATE' Created October 12, 2011. Amended December 8, 2011 Amend the LDC as follows: 10.02.06 Submittal Requirements for Permits D. Agricultural land clearing. Atural operations that fall With;A the ef seGtiORS !63.3162(4) OF MaRager eF designee that the Femoval will eGGuF. Said natiGe shall ;Rdude the fellowing information: 1 Agricultural clearing permit A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of sections 163.3162(4) or 823 14(6) Florida Statutes shall be required for all agricultural operations except as exempted by 10.02.06 D.1.f (below). a. Application. An application for an agricultural clearing permit shall be 1 hLDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \10 02 06 D Submittal Reqs for Permits Agricultural Clearing_errors (120811 - SQ.docx Text underlined is new text to be added t F It tG vL J e 1 F Bold text indicates a defined term 1 submitted in the form established by the County Manager or his designee. 2 Silviculture operations, as defined by this Code, shall require a 3 management plan prepared by a forester or a resource manager (e.g. 4 diViS; GR tFOFesfofy Florida Forest Service, ,private or industrial) as part of 5 the application. An application fee in an amount to be determined by the6BoardofCountyCommissionersshallaccompanyandbeapartofthe7application. The following conditions, as applicable, shall be addressed as 8 part of and attachments to the agricultural land clearing application: 9 i. If an ST or ACSC -ST overlay is attached to the zoning of the10property, an ST development permit has been issued by the11CountyManagerorhisdesignee. The ST or ACSC -ST permit 12 review shall be in accordance'' with Collier County Land 13 development Code Chapter' 2,'" section 2.03.07 and may be14simultaneouslyreviewedwiththeagriculturalclearingpermit15application. 16 ii. The application, Including generalized vegetation inventory and17clearingplanasoutlinedinsection10.02.06 C.2.a. and site visit (if 18 required) confirrn that the proposed use' consistent with the 19 requirement of the zoning district as a bona fide agricultural use 20 and the applicant has been informed of the rezoning restriction21whichgrantingthepermitshallplaceonhisproperty. 22 iii. The applicant has obtained and produced a copy of the South23FloridaWaferManagementDistrict (SFWMD) consumptive water 24 use permit or exemption, if required by SFWMD. 25 iv. The applicant has obtained and produced a copy of the South26FloridaWaier:1 Management District 'surface water management 27 permit or exemption, ifl required by SFWMD. ro28v. The applicant has obtained and produced a copy of the United29States 'Army Corps of Engineers (ACOE) permit or exemption, if 30 required by the ACOE. 31 vi. Thel I pplicant has submitted data relating to wetland impacts and 32 protected wlldllf& species habitat subject to the Collier County33growthmanagemen, ,'plan, conservation and coastal management 34 element peliGies of °, 6 2 10 -and ebjeGtive :-.3 and a-SGGiated 35 P61I.iGies and Collier County Land Development Code section 36 3. 0400. This data will be required only when the county's on -site37inspectionindicatesthattherearepotentialoractualimpactsto 38 wetlands and to protected federally and state listed wildlife habitat. 39 vii. The property owner, or authorized agent, has filed an executed 40 agreement with the County Manager or his designee, stating that41 :, within 2 years from the date on which the agricultural clearing42permitisapprovedbytheCountyManagerorhisdesignee, the 43 owner /agent will put the property into a bona fide agricultural use 44 and pursue such activity in a manner conducive to the successful 45 harvesting of its expected crops or products. The owner /agent 46 may elect to allow the subject property to lie fallow after 47 completing the bona fide agricultural use, for the remainder of the 48 25 -year period required by viii. below. If the clearing is expected to49occuroveraperiodgreaterthan2years, this will be stated on the 50 application and may be addressed as a condition on the 51 agricultural clearing permit if determined by staff to be appropriate. 2 LTDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \10 02 06 D Submittal Reqs for Permits AgriculturalClearing_errors (120811 - SL).docx Text underlined is new text to be added. T-e)d stFilkethh ' nt to he delefe- a Bold text indicates a defined term 1 viii. The property owner, or authorized agent, has filed an executed 2 agreement with the County Manager or his designee stating that 3 the owner /agent is aware that the Collier County Board of County 4 Commissioners will not rezone the property described in the 5 agricultural clearing permit for a period of 25 years from the date 6 of approval of the agricultural clearing permit by the County 7 Manager or his designee, unless for any such conversions in less 8 than 25 years, the converted land shall be restored with native 9 vegetation to the degree required by this Code. 10 b. Determination of completeness. 11 i. After receipt of an application fori,,,an agricultural clearing permit, 12 County Manager or his desigree' shall determine whether the 13 application submitted is complete. All applicable conditions 14 specified in paragraph a above must be addressed in order to 15 obtain a determination of completeness. If the application is not 16 complete, the County Manager or' his,, designee shall notify the g17applicantinwritin of the deficiencies No further steps to process 18 the application shall be taken until all of the deficiencies in the 19 application have been met. In addition, a determination of 20 completeness or a modified determination of completeness may 21 be made in accordance with the following 22 ii. Where,ljth;e,;applicant submits, as part of the application for an 23 agricultural clearing permit,'a' copy of the completed application for 24 a SFWMD con'sum tive use or exemption, or a SFWMD 25 surface water management perrrit or exemption, or an ACOE 26 permit or exemption,,,,d' modified `determination of completeness 27 hIbe issued 'providing that said permits or exemptions are not 28 necessary for further ICounty review and providing that all other 29 deficiencies in the application have been addressed. 30 C. Criteria for "review of application. Review of the application for an 31 agricultural clearing permit shall commence upon the determination of odified determination of completeness. The following32completenessorm 33 criteria shall be by staff in reviewing an application for issuance of 34 an agncultu ral''clearing permit: 35 i. An on -site inspection has been made by staff, if indicated. 36 ii. Environmental impacts, including wetlands and protected wildlife 37 species habitat(s) shall have been addressed in accordance with 38 the requirements of the Collier County Growth Management Plan 39 and; the Land Development Code, as may be amended from time 40 to' time. 41 lrAdditional data and or information required by the County to 42 address environmental impacts shall be submitted by the 43 applicant. 44 d. Issuance of permit. After an application for an agricultural clearing permit 45 has been reviewed in accordance with paragraph c. above, the County 46 Manager or his designee shall grant the permit, grant with conditions or 47 deny the permit, in writing. Where the agricultural clearing permit is 48 denied, the letter shall state the reason(s) for said denial. 49 e. Renewal of agricultural clearing permit. An approved agricultural clearing 50 permit is valid for 5 years and may be automatically renewed for 5 -year 51 periods providing that a notification in writing is forwarded to the County 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \10 02 06 D Submittal III for Permits Agricultural Clearing_errors (120811 - SL).docx