Agenda 09/09-10/2008 Item # 7A
/\GENDf', ITEM
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o (5 2008
.!:XECUTIVE SUMMARY
This item to be heard at 9:00 a.m, on Wednesday, September 10, 2008. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission members. ADA.2008-
AR-13212 Craig and Amber Grider, represented by Margaret Cooper of Jones, Foster, Johnston
and Stubbs, P.A. is requesting an Appeal of Official Interpretation, INTP-2008-AR-12880, initiated
by the Collier County Board of County Commissioners for the Olde Cypress PUD. Appellants'
property is located in the Olde Cypress PUD, Tract 5, Lot 28, Olde Cypress Unit 3, in Section 21,
Township 48S, Range 26E, Collier County, Florida.
OBJECTIVE:The objective of the appellants&#S217; request is to seek a reversal of the official
interpretation issued by the Director of the Department of Zoning and Land Development Review
(previously known as the Planning Services Director) from the Collier County Board of Zoning Appeals
(BZA). The appeal is related to the issuance of an official interpretation that was orally requested by the
Collier County Board of County Commissioners (BCC) on December 12, 2007, and in writing via the
County Attorney&#S217;s office on January 22, 200S. In this case the BCC will be sitting as the BZA to
review the Director&#S217;s interpretation of the existing facts and law to determine if any part of the
Director&#S217;s interpretation is inconsistent with the existing Land Development Code (LDC)
regulations or the Growth Management Plan (GMP)(see LDC Subsection 1 0.02.02.F.).The appeals
process is focused specifically on the interpretation questions raised by the applicant (the BCC) and the
decisions rendered by the Director. At issue here is whether the interpretation, as rendered by the Director
and as stated in the March 17, 200S response to the BCC&#S217;s request for an official interpretation,is
consistent with the LDC and the GMP; and, if so, whether the Director correctly opined on how the
preserve setbacks shouid be applied to structures in the Olde Cypress PUD, pursuant to the requirements
of the LDC.
Should the BZA determine that the Director&#S217;s official interpretation is not supported by substantial,
competent evidence or that the interpretation is contrary to the LDC, they may modify or reject the
interpretation. However, should they find none of the above; they must accept the Director&#S217;s
interpretation. If the Board, relying on findings based onsubstantial competent evidence, rules notto
accept the interpretationas rendered, such a ruiing may significantly affect previous administrative
decisions regarding the application of the code on the development and status of other properties located
throughout the County.
CONSIDERATIONS:
The Zoning Director&#S217;s response to the official interpretation request stated that for properties in the
Olde Cypress PUD&#S217;s (Ordinance Nos. 2000-37 and 53) abutting preserve areas, a setback
requirement of 10 feet for accessory structures and 25 feet for principal structures would be required, per
the COllier County LDC (see Ord. No. 91-102, Sections 3.9.5.5.6.4 and 3.2.S.4.7.3., and Ord. No. 04.41,
Subsections 3.05.07. H.(3); 10.02.04. A.(3); and 10.02.04. B.(1).) The rationale for the Director&#S217;s
determination was c1eariy stated in the official interpretation response, which has been provided as an
attachment to this executive summary. However, on behalf of her clients, the appellants&#S217;
representative submitted an extensive amount of supplemental material, including multiple letters, arguing
a position contradictory to that of the Zoning Director&#S217;sspecifically that the preserve setbacks in the
LDC do not apply to her ciients&#S217; property. A few of the prevailing assertions have been extruded
from these materials and are discussed below: Pointlio. 1 <111: LDC development standards vs.
PUD development standardsThe appellants&#S217; representative contends that the development
standards stated in the PUD are the only controlling development standards; and that the preserve
setback requirements, which are silent in the PUD but clearly stated in the LDC (and are more restrictive
than the PUD&#S217;s setback requirements) do not control. The Zoning Director disagreed with this
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assertion in the official interpretation for several reasons. Foremost, the opening “Statement of
Compliance” in the Olde Cypress PUD explicitly identifies the PUD’s relationship to the
LDC and the GMP stating that “the developmenl shall comply wilh Ihe applicable zoning and other
regulalions; and, improvements are planned to be in compliance with applicable land developmenl
regulalions as sel forth in Objeclive 3 of/he Future Land Use Element” (see Section I, Statement of
Compliance, page 1, Nos. 2 and 6, Ord. No. 2000-37; Section I page 1, Nos. 2 and 6; and similar
provisions in Section 2.06 of Ord. No. 96-75). Additionally, the PUD clearly states that “unless
specifically waived through any variance or waiver provisions from any other applicable
regulations, the provision of those regufations not otherwise provided for in this PUD remain in full
force and effect”(see Section III, Project Development, page 2, paragraph 3.04. E., Ord. No.
2000.37; No. 99.27; and No. 99,92). Furthermore, the PUD states that “regulalions for
developmenl of the Olde Cypress PUD shall be in accordance wilh the contents of this document, Ihe PUD
district and other applicable sections and parts of the Coflier County Land Development Code and
Growth Management Plan in effect at the time of issuance of any development order to which said
regulations relate which authorizes the construction of improvements” ;(see Section III,
Project Development, page 1, paragraph 3.04A, Ord. No. 2000.37; Ord. No. 99-92 and Ord. No. 99.27;
and Section II, page I Subsection 2.07, Ord. No. 96.64). Finally, it should be noted that the preserve
setback requirements have been in the LDC since at least 1991; and the PUD document, since 1986, has
recognized in some form the requirement to comply with applicable sections of the LDC and GMP in effect
at the time of issuance of any development order to which said regulations relate.To be sure, no part of the
LDC, the GMP or the PUD document exempts any development in Olde Cypress from the preserve
setback requirements of Ihe LDC. In this case, as is the same for other (although not all) PUDs adopted in
the County, the preserve setbacks are not specifically identified in the PUD ordinance. However, not unlike
any other applicable regulation that is not specifically identified in the PUD ordinance, development within
the PUD is still subject to the requirements of the LDC, the GMP and the PUD. This fact is explicitly
recognized in the PUD document, as noted in the paragraph above. Furthermore, these same regulatory
statements have been carried throughout the entire amendment history of this PUD, from 1986 to the
current ordinance adopted in the year 2000. Nevertheless, the PUD regulations, as written, do provide the
applicant with the opportunity to reduce the required development regulations of the PUD and the LDC,
“provided a sile plan is approved in accordance wilh Article 2, Division 2.6, Section 2.6.274.6. of
the LDC” (this reference in the PUD is to the “0Id” LDC, Ord. No. 91.102, which is
still in force and in effect in the “new” LDC, Ord. No. 04-41). The development standards
may also be modified by way of a dimensional variance approval (see Section 9.04.00, Ord. No. 04.41).
However, the applicant has not applied for and, consequently, has not received approval for a reduction to
the required preserve setbacks through either of these processes. In any event, the opportunity to do so
does exist and would still be a viable solution to the existing preserve area encroachments on the subject
property. In summary, the approved PUD ordinance requires that all development contained within the Olde
Cypress PUD zoning district comply with the standards set forth in the PUD document, as well as with the
standards set forth in the LDC, as applicable. Furthermore, the issuance of a final development order
within any tract or increment within the PUD must first require compliance with all sections of the Collier
County subdivision regulations (Chapter 10) and/or the site development plan regulations (Section
10.02.03), as appropriate (see Ord. No. 91-102, Section 2.7.3.3. and. Ord. No. 04.41, Section 10.02.13.C).
As the subject property abuts a designated preserve area and no exemption or variance from these
preserve setbacks was approved wilh the PUD, the preserve setback requirements are therefore regulated
through the subdivision regulations, which require the preserve setbacks prescribed by the LDC.Poinl No.
2 - The F=llrese ReportThe applicant contends that the findings of the report of Mr. Lawrence Farese
should apply because Mr. Farese is an independent investigator and was appointed to report on this
matter (see “Farese Report,” Volume 1, Tab 2 of the appeal application backup
documents). However, Mr. Farese was not tasked by the BCC to determine what setbacks should apply to
the subject property (and per the LDC, it is only the Collier County Zoning Director who is authorized to
interpret the LDC and the PUD [see Ord. No. 91.102, Section 2.7.3.8. and Ord. No. 04.41, Subsections
1 0.02.13.H.D. Rather, Mr. Farese was tasked by the BCC to determine the following:1.How 17 existing
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single family homes in the Olde Cypress PUO appeared to violate or encroach tiporlffie~preserVese ack;
and, 2.lf any special favors were given to either the developer or the individuals involved, if staff, in fact,
erred in approving building permits in the Olde Cypress Oeveiopment. Mr. Farese acknowiedged in his
testimony that, upon interviewing the permitting technician who issued the building permit for the
appellants’ property, the permitting technician admitted that she had not realized that this
particular lot adjoined the preserve area because the preserve area wasn’t labeled as such on the
plat. Mr. Farese consequently concluded that the preserve setback errors were simply oversights. He also
acknowledged that the section of the LOC requiring preserve setbacks from the property boundary line
was not unreasonable, but stated that the code was confusing because, elsewhere, the same LOC
provision says it doesn’t apply (single-family homes are exempt). Mr. Farese further disclosed that
he was not an expert in reading the Collier County LOC, and simply offered his unsolicited opinion on this
section of it. In conclusion, Mr. Farese is not authorized by the LOC to interpret the PUO, nor was he
tasked to do so by the BCC; therefore his opinion with respect to this appeal is irrelevant.f'oint No. ~
Excess ve.ggtation retention in_Olde Cypress eliminates the requirements for preserve setbacks The
applicant contends that the excess native vegetation apparently retained within the entire Oide Cypress
PUO zoning district somehow compensates and eliminates the requirement for preserve setbacks, which
is why no preserve setbacks are specified in the PUO. Neither the LOC nor the PUO contains regulatory
language that provides relief from the preserve setback requirements if a development retains vegetation
in excess of the minimum standards required. The applicants’ representative does not cite the
specific provision on the LOC regarding this assertion. There is no relationship between the required
setbacks and the amount of vegetation retained described in either the PUO or the LOC. Excess
vegetation preservation could perhaps be a viable argument made as part of a request for a dimensional
variance from the required preserve setbacks; however, to-date, neither a variance nor a deviation through
a site plan has been requested by the applicant. Point NO.4 - The wetian!:l buffers required by the
South Florida Water Management DistricL(SFWMID substitute for the County required preserve
setbacks The applicants’ representative states that the wetland buffers required by the SFWMO
(per the SFWMO permit issued to the Olde Cypress development) substitute for the County. required
setbacks to preserves; and, therefore, setbacks to the preserves are not required. However, the SFWMO
buffers are required pursuant to the SFWMO permits issued for this project, as modified. These buffers are
not local (Le. County) setback requirements; but are State requirements and are typically placed adjacent
to wetland areas within the jurisdictional boundary of the SFWMO agency permit area at a dimensional
requirement of 25 feet-wide, with a minimum (average) of 15 feet, per State law. These requirements are
separate and distinct from the County’s requirements for setbacks to preserves, which shouid not
be confused with “buffers,” as they are not the same thing. Neither the PUO nor the LOC
gives relief from the preserve setback requirements, or any other development standards, in exchange for
providing the SFWMO-required buffers. As a local entity, the County is a separate regulating authority from
the SFWMO and, as such, has distinct development regulations contained in its LOC that are different and
apart from those required by the SFWMO, to whom it defers for the permitting of wetlands in Urban-
designated lands and for the assessment of wetland impacts (see Ord. No. 04.41, 3.05.07F2). Therefore,
the argument that the SFWMO.required buffers are a lawful substitute for the preserve setbacks in the
Collier County LOC is without merit. There are numerous examples of other PUOs approved before Olde
Cypress that contain specific modifying language to the preserve setback requirements of the LOC;
therefore, it can not be logically argued that because the PUO is silent to preserve setback requirements,
the PUO setback standards should solely controLln conclusion, there are no modifications to the
preserve setback requirements of the LOC set forth in the Olde Cypress PUO; nor are there specific
preserve setbacks defined in the PUO. Furthermore, there are similarly aged PUO zoning districts that do
specifically modify the preserve setback requirements of the LOC within the PUO ordinance. As such, the
preserve setbacks of 25 feet for principal structures and 10 feet for accessory structures set forth in the
LOC apply to the Olde Cypress project. A reasonable explanation as to why 17 of the single family homes
in the Olde Cypress PUO violate the preserve setback requirements of the LOC and the multi-family
project setbackswithin the PUO is due to the fact that site development plans (SOPs) and plats are only
reviewed by the Environmental and Zoning staff for compliance with the development standards of the
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PUD andlor the LDC, as applicable (SDP and plat approvals are not reviewed by tfie BolltfiTlg' ;,~, ,\-, .
staff). Additionally, SDPs are not required for an individual single-family home; only building permits are.
Building permits for individual single.family homes are only reviewed by the Building Department staff in
accordance with an approved plat, and are not reviewed by the Zoning staff or the Environmental staff. In
this case, a replat of the subject tract did not indicate that the subject property abutted a preserve area, as
explained by the permitting technician interviewed by Mr. Farese. Thus, it appeared to that
department’s staff that the property did not abut a preserve so the PUD setbacks as set forth in the
PUD should apply. Furthermore, setbacks to preserves have not been uniformly applied to various
projects, as explained in the supplemental memo provided with the official interpretation.
FISCAL IMPACT:None
GROWTH MANAGEMENT IMPACT:The official interpretation, as rendered by the Zoning
Director, is consistent with the GMP. A finding to the contrary could be considered inconsistent with the
GMP. The GMP requires protection of preservation areas. The implementing Land Development
regulations are the preserve setbacks in the LDC which have been in force and effect since 1991.
LEGAL CONSIDERA TIONS:Pursuant to Section 10.02.02.(5) of the LDC, the BZA shall hold an
advertised public hearing on the appeal and shall consider the interpretation of the Zoning Director, and
public testimony in light of the GMP, the Future Land Use Map and the LDC. The BZA shall adopt the
Director’s official interpretation, with or without modifications or conditions, or reject the
interpretation. The BZA shall not be authorized to modify or reject the Director’s interpretation
unless the Board finds that the determination is not supported by substantial, competent evidence or that
the interpretation is contrary to the GMP, the Future Land Use Map, or the Land Development Code (see
attached memo from the County Attorney, dated August 4, 2008).
RECOMMENDA TION:That the official interpretation by the Director of the Department of Zoning
and Land Development Review, INTP-2007-AR.12880, be found by motion, second and a simple'majority
vote is required (as determined by the County Attorney), and that the Board find that the interpretation is
consistent with the LDC as rendered, and thereby, that it be upheld by the BZA.
Prepared By:
Department
Zoning and Land Development Review
Date
8/6/2008 12:27:03 PM
Approved By;
Department
Approval
Date
County Attorney Approved
8/28/200812:31 PM
Approved By:
Department
CDES
Approval
Approved
Date
8/28/20083:19 PM
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Approved By:
Department
Office of
Management
and Budget
Approval
Date
Approved
8/28/2008 4:05 PM
Approved By:
Department
County
Manager's Office
Approval
Date
ATTACHMENTS:
Name:
Approved
8/29/2008 10:52 AM
Description:
, C '.. . "'"'. ...I. ..~ M n1....~ Cover sheet Legal Considerations and
J) C.pJl,er Sheet CA ~eaal _onslde.ratLQ~~I1.uAQ.Ce.\.illI~U::o.eJlJ~~ .
procedures
Type:
Backup
Material
Cl &'.4:Q& lJ1erflQJO_BZ....re Grider _Appealpdf
Backup
County Attorney memo to BZA re procedures
Material
D CoveLSJleet Cill''y_Qf_QmclalJnteQ:lr.elg1[QD~QQ
Cover sheet copy of official interpretation
Cl AR 12&&0 BCC OC Draft 022208113\.doC
Zoning Directors Otficiallnterpretation
Cl QJd~Q}(PI.e,$s,Sl.tP-RJ~rnent9JmemQ_Q~JJ, o.ttOQQ
Official Interpretation supplemental Memo
D COYer ,S.b.eeLCoJwof"ApReaJrequestdoc
Cover Sheet Copy of Appeal Request
Cl AR 132_L<..wrifill-'ll1egW,-SHQLARR~.1Rdf
D AQaeal BackuD.pdf
Written Request for Appeal
Written Request for Appeal part 2
Backup
Material
Backup
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Backup
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Backup
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COUNTY ATTORNEY LEGAL CONSIDERATIONS
ATTACHMENT AND PROCEDURES MEMO AND COPY OF
RESOLUTION NO. 95-376 AND RESOLUTION NO. 98-167
~GEND{\ ITEM
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OFFICE OF THE COUNTY ATTORNEtc5l~~~ 'Do
INTEROFFICE MEMORANDUM
DATE: August 4, 2008
TO: The Board of County Commissioners, sitting as the Board of Zoning Appeals
Commissioner Tom Henning, Chairman, District 3
Cominissioner Donna Fiala, Vice-Chair, District I
Commissioner James N. Coletta, District 5
Commissioner Fred Coyle, District 4
Commissioner Frank Halas, District 2
FROM: Jeffrey A. Klatzkow, County Attorney
SUBJECT: Hearings on Appeals of Official Interpreta ons of the Land Development Code
Grider Appeal
I. General - In keeping with prior appeals of this nature before the BZA, the official
interpretation appeal hearing process is quasi-judicial in nature and is therefore subject to
the provisions of Resolution Number 95-376, requiring proper disclosure of any
Commissioners ex-parte contacts, communications, site visits, or investigations, or
receipt of expert opinions. Likewise the procedural requirements of Resolution Number
98-167 also apply. Copies of both resolutions are attached for your convenience.
2. The ultimate issues to be determined in the appeal are:
a. Whether the Zoning & Land Development Review Director ("Zoning Director")
relied upon competent, substantial evidence to arrive at the conclusions of the
official interpretation; and
b. Whether the official interpretation is consistent with the Land Development Code
(LDC), which includes by incorporation the applicable POO Ordinance, and the
Growth Management Plan.
3. The appeal hearing before the BZA is informaL
4. Relevant evidence will be considered at the hearing. The Chairman of the BZA, with the
assistance of the County Attorney, will determine what is relevant evidence.
5. The County Attorney recommends the following procedures:
a. The court reporter administers the oath to those wishing to speak. If a speaker
arrives at the hearing after the oath is given, the speaker most be sworn in before
they can speak.
Page I on
b.
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The members of the BZA then make their individual ex-parte d]sclosures.
communications must be disclosed including letters, e-mails, phone calls, and
meetings. Any personal investigation, such as a site visit, must also be disclosed.
The subject matter of the communication and the identity of the person, groups or
entity with whom the communication took place are all part of the disclosure.
This applies to all conununications that took place even before the appeal was
filed. These disclosures must be made at the beginning of the hearing. The BZA
must give any person who wishes to question its members concerning the ex-parte
disclosure the opportunity to ask questions of it. This right may be waived by a
failure to ask questions of the Board.
c.
The presentation of the appeal should be as follows:
I. The appealing party presents its case. The time limit is one hour. This
time limit includes any presentation by an expert witness.
a) The Zoning Director may question the appealing party and/or any
of its experts. The time limit is 10 minutes.
b) The property owner who agrees with the interpretation may
question the appealing party or any of its experts. The time limit is
10 minutes.
]1. The property owner in agreement with the interpretation presents its case
including the testimony of any expert witnesses. The time limit is one
hour.
a) The Zoning Director may ask questions. The time limit ]s 10
minutes.
b) The appealing party may ask questions. The time limit IS 10
minutes.
Ill. The members of the BZA may ask questions at any time during the
proceedings. It is suggested that there be no time limit to the BZA's
questions, subject, however, to the discretion of the Chair.
IV. Interested members of the public may then speak Time limits per
speaker, including any cross-examination, is 3 minutes. The BZA should
only give consideration to "public testimony" that is relevant to the issues
being discussed.
v. After Public Conunent, in order, the Zoning Director, the property owner,
and the property owner in agreement with the interpretation will each have
10 minutes to sum up. This summation could include any rebuttal.
VI. Time limits may be extended at the discretion of the Chair.
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Upon conclusion of the public speakers' presentations, the BZA should
close the public hearing and commence discussion.
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Vlll. Upon conclusion of the discussion, the BZA will make its motion, second
and then vote. A simple majority is required to approve the motion.
Pursuant to Section IO.02.02.F.5.b of the LDC, "The board of zoning
appeals. ..shall adopt the. ..official's interpretation.. .with or without
modifications or conditions, or reject his interpretation. The board of
zoning appeals.. . shall not be authorized to modify or reject the.. . official's
interpretation unless such board finds that the determination is not
supported by substantial competent evidence or that the interpretation is
contrary to the growth management plan, the future land use map, the
Code or the official zoning atlas, or building code, whichever is
applicable."
6. It must be noted that the appeal provision of the LDC does not contemplate providing for
BZA revocation of any existing development approvaL
Attachments:
Resolution Number 95~376
Resolution Number 98-167
Subsection lO.02.02F. of the LDC
Page 3 of3
"GENDl\ ITEM
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PF.SoLUTION 110. 22...:l..2L
A RESOLUTIOtI RF.;LhTItlC TO l\CCESS TO LOCM..
PU[lUC OrprCIALS; PHOVIDIt~G ^ DEfItllTloN or--
LOCAL PUBLIC OFfIClhJ.; PROVIDING FOR ACCESS
TO PUOLIC DFTICIALS; AUTHORIZING IHVESTIGA-
TrONS AHD RECEIPT OF' INFORMATION; REQUIRING
DISCLOSUR~ OF EX PARTE CC'~1MVHIC"TIOtlS; MlD
REPE^LIt~G RESOLUTIon !lO. ')5-)5".
WHEREAS, government in Florida is conducted in the sun-
snine pursuant to Chi1pt~r 286, Florida St<'Jtutesi ilnd
HHERE/\S, the public should be ubl€! to voice its opinions
to local p.lccted public officials; ~nd
WHEREAS, elected and public officials are presumed to
perform ~heir duties in a la~ful and proper ~anncr; and
WHEREAS I
quasi-judicial decision-making must be based on
compete~t, sub5tantial evidence of record; and
officials
have
been
\o."HEREAS,
local
elected
public
obstructed or impeded from the fair and effective discharge of
their sworn duties anrl responsibilities due to e~pansive inter-
pretations of Je~ll.nin9..?~ade CQuntv, Cl decision rendered by
the Third District Court of Appeal; and
WHEREAS, section 5, Article I of the rlorida Con'stitution
gives the people the right peaceably to assemble, to instruct
their representatives, and to petition for redress of griev-
ancl2s.
NOH, THEREFORE, 8( IT RESOLVED 8'i TliI': BOARD OF CQUN'TY
COMMIssIONERS OF COLLIER COUNTY, FLORIDA, thcJ:t:
SECTION ONE: AUTHORITY
Pursuant to Subsection 286.0115, Florid~ Statutes, Collier
County has the authority to enact this ReSOlution ~hich removes
the presumption of prejudice [rom ex parte communications with
local officials by establishing the process 5~t forth herein to
disclose such communications.
SECTION TWO:
DEFINITION
AS used in this Section, the term "loc;)l PUblic official"
means any elected or ~ppointed public official holding a county
-,-
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o[[ice who rccom~cnds or t~~e5 qu~si-judicl~l ~ction as a
m~~bcr of 3uch b08~d or cornmi5sion.
SECTION THREE:
1\CCESS PERMITTED
1. Any per50n not otllcrwise prohibited by statute,
charter provision. or ordin<1ncc may discus,- with any local
public official the merits of ~ny matter on which action may be
taken by the. board or cOll\mi~5ion on ",rr.ich t.he locill public
officl,)l is a member.
Adherence to th~ following procedures
shall remove the pre~umption of prejudice arising from ex-parte
communications with local public officials.
(,)) The substance of any ex-parte communication with a
local public officilll which relates to gU<lsi-judicial action
pending before the official is not presumed prejudicial to the
action if Ul~ subject of th~ communication dnd the identity of
the person, group, or entity with ....hon the comlnunication took.
place is di!>closed and made a part of the record before final
action on the matter.
(b) A local pubUc offici....l may read a written comrnuni-
cation [rom any pecson.
However a .....r itten communication that
r~lates to quasi-judicial action pending before the local
public official shall not be presumed prejUdicial to the action
and such written communlc(ltion shall be !!'.~de a part of the
record of the board or commission before final action on the
matter.
(el Local public officials may conduct investigations and
site visits <1nd may recelve expert opinions regnrding quasi-
judicial action pending before them.
Such activities shall not
be presumed prejudicial to the action if the existence of the
inv~5tiqatiDn. site visit, or e:..:pert opinlon is made il part of
the record before final action on the matter.
(d) Disclosure made pursuant to parClgraphs (<11, (b) aond
(c) must be made before or during the public meeting at ~hich a
vote is taken on 5uch matters, so that persons who have opin-
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OGO" ,182
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ions contrary to those ~xpressed in the ex-p~r~e communication
are given a r~~sonabl~ opportunity to refute or respond to the
communlcation.
SECTION FOUR: REPE~L OF RESOLUTION NO. 95-354
Resolution No. 95-)54 is hereby repealed in its entirety.
This Resolution adopted this
20th
day of J'.Y.M, 1995,
after motion, second and majority vote favoring same.
ATTEST: "
DWIGHT E. " BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, rLORIOA
J:;~' -;;;J./-<~.d~-. "&12.
BY'~
~pprovedas to form and
legal sufficiency:
Kenneth B. cuy 1
county Attorne
mm,JI...II)JJ~
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RESOLUTION n. I fi 7
A RESOLUTION EST AIlI.lSHING PROCEDURES FOR
PRESENTATIONS AND PlJ81.1C COMMENT DEFORE
TIlE BOARD OF COUNTY COMMISSIONERS ANi)
TIlE COLLIER COUNTY PLANNING COMMISSION.
WlIER[!AS, lhe Cnllier CmlnlY B('Innl of Commissioners (Bo;l.1(l), as [he duly
elected !;ovcming hody for CDllier County. holds regularly scheduled puhlic hearings 10
discuss. revie\\' ;Jnd ;Jet upon ilems of concern 1('1 und affecting the residents of Collier
County; .and
WHEREAS. Ihe Collier County PI:lnning Commission (Cepe). serving OIS the
local "Iannin~ D.j;cnc)' and the land development regulation commission as rC..:Juircd by
F.S. ~~ '(1:\..1174 ;tnd 163..3 t 94, hold~ rc~ulatly scheduled fluhlic hearings 10 discllss.
review. nCI upon and make rccommcndnlions 10 [he Bantu rc!,Hive to items o[ concern to
nnd <Irrl..'Cling Ihe resitlents of Collier COUnlY; ;mtl
WHERE/\S. included in these ilcms may be advertised public hearin1:;5 ofa qU.3si-
jtJdici:11 or le1:;islilti\'e muurc; and
WHEREAS. lbe public may wish 10 comment on Ihese items sehedtlled for
eonsicler:1lion hc[ore Ihe Board or lhe cepe and
WHERE^S. in order to maintain, cqtlily. decorum and order .11 these regularly
scheduled public hcarin!;s. i[ is neccSSMY to CSI::Iblis.h st.ancJOI.rd procedures for
presentations tlOd public eornment before the 8mmJ .1ntlthc ccpe; and
WHEREAS. the Board has prepared thcse rules in an ::lllCmpl fo cncoura,gc public
pilrticipation during advertised public hCilrings. inclUding qu::r.si.judicinl henrings. in a
m:lnncr consistent with the requirements aria\\'.
NOW, THEREFORE 8E IT RESOLVm BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA Ih31:
Tl1C Board of CotJnl)' Commi:lsioners declilrcs Ihal the procetlures sel forth.
llunched hereto. and ineorporotcd by n:rcrcncc herein ilS Exhibit A. applic<1blc 10 the
AGENDA !TEM
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Board and the Collier Count)' PI:1nning Commission as slnted in said Exhibit, are fair and
rcasonnblc. and ilre hereby adopted.
BE IT FURTHER RESOLVED that lhis RcsolutiOM n:laling to rroccdures for
BO:J.rd and cepe prcscnt:llions i1nd public comment be recorded in the minutes of this
Bo~rd.
This Resolution O1dopled nncr motion, second OInd majority vole favoring s.\mc.
Done this
/.~
~7
.1998,
day of
ATTEST
Dwight E. Brock, Cleric
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
~k~m-<~0(1~~~
_ .... _ Barbara B. Berry, Chainnan
( .
Attest as to Chalnaan's
,..s \9.ature onl1.
.'Approved:1S to form and leg;!;!
sumciency;
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, " I~-~:W-d 8Al....
Exhibit "A"
Procedures for Presentations before the Collier County Board of
Commissioners and as AODlicable to the Collier County Plannin!:
Commission
A. Puhlic Cnmmcnt on Gcncral Tonic,; Mcmher> ofthc puhlic may rcgistcr to speak
on gcncrnl topics undcr the Public Commenl portion of the Board of County
Commissioner's (l3oard) agenda. The number of speakers pennillcd to register
undcr public commcnt on any givcn agenda shall bc limited to a maximum of
five, unlcss the Chairman rceognizes additional spcakers.
I. Sneaker Reoistration: Individuals wishing to speak 10 the Board under public
comment at any regulurly sehedukd meeting of the Buard of County
Commissioners shall regi,ter to 'peak in writing on the fonn provided by thc
County prior \(J the public comment ponion of the agenda being called hy the
Chainnao.
II. Time Limits:
a) Public Comment:
I. Maximllnl 5 minutes per spcJkcr.
B. Public Pelit;ons: Public Petitions are limiled 10 a single speak cr. In gencral, Ihc
Board will not takc action on public pelilion ilems on thc day thc pelition is
presented, but may direct ,Iaff 10 takc action, or bring back thc item to thc Board
at a futurc date for eonsidemtion. The Counly Administrator may dcfer scheduling
a public petition for a rcasonable period of lime in order 10 allow sufiicicnt timc
for staff to rcvicw thc content and thus preparc for questions from the Board.
I. Reoistration: Individuals wishing 10 make a public petition to the Board of
County Commissioners shall pre,ent such a request in writing 10 the County
Administrator a minimum of tJ days prior 10 Ihe Board meeting dote on which
the puhlie pelition is reque<led 10 be heard. The "Tilten request ,hall include the
namc(s) and addrC'...s(C'!il) of' :ill pelitioners, including a primiuy contact name.
adurcss anu telephone number. ond shall slale the nature of the pelition. including
any exhibits and/or back up nmlcri:Jl which mOlY be pcrtinc:nt 10 the pClition.
II. Time Limits: Maximum 10 minute, per speaker.
C. Advcrtised Public Heorinl!S: I'nr procedural purposes, advcrtised public hearings
fJII into IwO eategorics: those which arc qUJsi.judicial in nature; and other types
ofadvcrtiscd public hcarings. including Ihosc which arc legislative in nature.
1. Ouasi-Judiclal Public licaril\l!s:
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0) PlImose and Intent: The Board has proparod Ihese rules in an a!lempl to
encourage public participation during qU;1sHudicial hearings in a m.Jnncr
eonsistenl with the requirements of law, As pari of that erforl and within the
connncs or the law, the Board intends its hearings to be infomtal white
recognizing the need for ceria in struelure to maintain orderly hearings.
NOlwith~tnnding the rrocculIrcs cS1Jblishcll by resolution, the Board may modify
these procedures to effeetllate the erfeetive presenlation or evidence.
b) tillnlic.1hilitv nf(hc~c Proccdmc~:
(I) Oll:lsi.JtldieiaIProceedinus. 'll,ese procodures apply to all quasi.judicial
proceedings heard hy thc BOllrd and the CCPC rcgardlcss of lhc capacity
in which the Board is sitting. Quasi.Judicial .ctions concem the
implementation or policy, which has already bccn sel, and arfording the
Board, and in Some inslnnccs lhe cerci limited di~crclion in deciding
whether to approve or deny :J land use pcrrni1. 'f11C!iC include: land use
ilct;OIlS which have an impact nn a limited number of persons or propcny
owners on idcnlifiilblc panics and interests, where the decision is
contingent on a fact or raels arrived at from dislincl allCm.1livcs
prescnted at a hCiuing. E:'tOlmples of quasi-judiciOlI proeecdings include
hUI arc not limited 10: site speeinc rczonings (provided they inmJ\'e
policy implementation); development of regional impact hearings:
conditiomd use rennits: vnrianccs; bOOl:I dock. extension petitions; and
iJdministnJti\'c :J:pl"cals.
(2) l.eui,'ative Proceed in us. Utilization of thesc proccdures by the Board or
the ('CPC when silting in " legislative cap"city docs nol change the
Ch.1f:Jctcr of thc Icgi!:/ali\'c proceeding nor docs it confer any additional
rights; Of remeLlie's upon nny person or p<lrly.
C) I'rc.' Icarinu SlIhmiltaJ>:
(J) Almlicntion. An applicant (as denned in the Collier County Land
Development Code) shall make applicotion as provided in the procedures
c~tahlished (Of the individu;ll dcci!'iion being requested,
(2) St"WAeencv J(,'cnnlnl,'ndotion. To thc C.<lcnt thai the applicabk
pmcl'durc rt'quin:s :l st;l rr rcvic\'v' and writlcn rccommcnd.lliun to he
prcsl.:ntcd to thc Bo:mJ. slIeh written recommcmJation shnlJ be compleled
.ml.,'ailable for puhlic inspcction no laler than ten ealendar days prior to
the hearing belorc thc Board.
(3) Writtcn Presentation. No later than one IVeek prior to Ihe scheduled public
hearing bcforc the Board, any applieant, proponent, or opponent may
submit any wriltcn :1rgumcnts. evidence. cxplan<ltions. studies, rcpor1s.
petitions or other dncumcnlntion to staff for intended consideriltion by the
Bmml in sUPPOl1 of or in opposition to the <lipplication. In order to be
included in <Ii Board or C("PC Agenda packet ilny \..,'iltcn arguments.
l'yidencc. explanations. studies. rcpm15, perilions or other docum~ntOlli()n
nlll!'.C be submitted In the iJpproprialc staff no laler lhan (hrce weeko; prior
10 (he scheduled hcannghcforc the respective body, All written
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slJhmi!'~ions. not including pictorial di!ipl:J.Ys (mJps, graphs and the like)
must he on R.I/2 x ll.inch paper. No \\-Tilleo matcri:lIs will he accepted
by tho Bo.rd.t it, ho.ring unlcss. at the Do.rd', discretion. aeccptance i,
necessary to decide the issue. \Vrittcn comments submitted sh:lll he
considered and cnlcn:d into the record of the meeting in accordance with
subsection C. !. d)(4) below.
d) Puhlic He.rinus before the no.rd or the CCPC:
(1) Genem!. It is the e'pect.tion Ih.t the heuring will be informul. All
members of the public who uddress tbe Board or the cepc sh.1I utilize
the ~I'cakC'r's f"lIHliulll tn :Jllnw their cnnlmcnls 10 be fcocordcd. Each
s(1caker shall sLate his or her name and oddrc5s for the: record.
Addition.lly, 'peukers sh.1I indicute whether they .re 'pe.king on beh.lf
of themselves or others.
(a) Time l.imitntion Guidelines. It is expected that presentutions will
be organized .nd efficiently presented. As. guideline to
f"lrcscntations. in nddition to the written comments submitted as
part of the preliminary record, it is ex.pected that persons of lhe
following status will prepare their discussions and comments to
be completed within the prescribed time limits:
'-
St:llT shall be responsible for presenting,
behalf of Collier County .nd sh.1I
prcscnt:llions to twenty (20) minules.
the case on
Iimil their
2. The opplie.nl sh.1I present his or her entire e.se in twenty
(20) minutes.
3. E.' pert witnesses sh.11 be limited 10 ten (10) minules
eneh.
4. Persons who nu\'c been authorized to represent an
organiZo.1ion with live (S) or more members or a group of
f1yO (5) or more persons ,hould limit their presentotion to
ten (10) minutes. If is expected th.t others in Ihe
or~i1ninHion or group \\.'ai\'c their time.
5. All other persons may 'pe.k for. maximum of five (5)
minutc$ cacho
(,. No Spl:aKCI' m~y gi\'e his or her time (0 any other speaker.
At the discretion of the Chairman, the timc allowed for
any spe.ker may be extended.
(b) Rel!istralion of SDcakcnt Persons who desire to speak on an item
shall, prior to the item being coiled to be henrd by tbe Choirman,
regiSTer wilh the County Administr.tor on the forms provided.
Five (5) or more persons decmed by the Bo.rd to be nssoeiated
togelher or otherwi~e represent a common paint of view, :!.s
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AGENDA ITEM
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proponents or opponents on any item may be requested 10 select a
spokesperson.
(2) Order and Suhjeet of Annearance: To Ihc extent possible, Ihe following
shall he the order of lite proceeding:
(a) Preliminary Stalement. The Chairman shall read a preliminary
statement once at the beginning of the quasi-judicial hearing
portion of the agenda outlining the procedure, which shall be
followed.
(h) Sworn Testimonv. The "pplieant, staff, and all witnesses
requesting to speak shall be collectively SWom.
(c) A~reemenl with Staffs Recommendation. If the applicaot or
agent of the applicant asrees with staffs reeommendalion and
wishes to waive his or her right to present additional evidence,
and if no commissioner or anyone from the audience wishes to
speak for or against Ihe quasi.judieial agenda item, the Board may
vole on the item based upon starrs presentation and the materials
in the agenda hack. up.
(d) lnitia' Presentation bv StafT. County staff shall make the initial
prcsentntion to the Board regarding any item under considcnuion.
A ner completion of the staff presentation. Ihe Board may make
ioquiries of stafT at this time. An applicant or appellant may ask
question, of. or seck elarilieation from, staff by request through
the Chairman at the time Ihat party makes its initial presentatioo
10 the Board.
(c) Alm/leant's Prosentation. Aner starfpresentation, the applieaot(s)
shall be allo\\'ed to make a presentation to the Board based on the
time limilation guidelines outlined in the preceding subsection (d)
(I) (a). above. During and aner the applicants' presentalion. the
BO:J.rd sh~lI have on opportunity 10 comment or ask questions of
or seck clarification from the applicant. The Board m.y also
allow stafT to comment, ask questions or seck clarification from
the applieant(s) at this lime.
(t) Soe.kers. Aftor floard and staff inquiry of the applicant, speakers
shall he .llo\\'ed to speak b.sed on Ihe timc limitation guidelines
outlioed in the preceding suhsection (d) (I) (a), above. During and
aner a 'peaker's proselllation. the Board shall have on opportunity
to comml'nt or ask questions of or seek clarilication from such
speaker. The Board may also allow staff to commeot, ask
questions of or seck clarification from speakers.
(g)
SlatT Resnonse and Summary. The 'lafT shall be allowed an
opportunity for response to the presentations by the applicant,
proJ1un~nts and opponents nnd a summary with any changes in
position ilflrr cOllsidcl<ltion of relevant public comment. Proponents
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nnd opponents who believe that the staff response includes erTors of
facl or law may nsk for and may bc allowcd an opportunity to point
out such errors of f:let or law.
(h) Annlic.nt's RchulI.1 Presentation.
I. Applicant's rebulI.1 shall be allowed only on items where
there is an applicant other than the Board or Boord staff,
Aner stair response, thc applicant sh.1l be allowed an
opportunity for rebulla!. Rebuttal shall be limited to five
(5) minutes unless otherwise set by the Board. Rebuttal
shnll only addrcs5 previous comments.
2. Staff, who bclicve that thc rebuttal presentation includes
an error of fact or law, may ask for and may be allowed
an opportunity to point out such error of fact or law.
(i) IJnard and Staff Inouirv. Aner all prescntations have been made
as outlined above, the Board shall have a final opportunity to
comment or ask quc:sljons, 111c Board may allow sIn ff to respond
to comments previously m:Jdc at this lime.
(j) Limit on Prc~cnt::ltions. No person who has made 11 presentation
for or against an item at a given meeting shall be allowed to make
::ldditional comments, unless requested to do so by the Board.
(k) Closin~ nf Puhlie Comment. In those matters on which public
comment is heard by the Board, the Chairman shall close the
public comment portion of the meeting (on that item) upon the
conclusion of the last speaker's comments or, in the Board's
discretion. if no new relevant information is being pn:sented. No
additional public comments sholl be allowed, except in spceifle
response 10 questions hy members of the Board.
(3) Mi<eellaneoll' Items:
(a) Conlinuin~ Record ISDeakers Qualifications. The Clerk 10 the
Board ("Clerk", shall nlnintain a file with the most recent copies
of re<ume< previously filed witb the Clerk by county stafr
presenters. All other pcnwns testifying on issues requiring
educ:J.tional. occupational and other experience who wish to be
qu~lificd n~ cxpcrt$ shall submit their qualifications in \"TItten
form for the Board's approval to speok as expert witne",cs.
(b) O[~nnj7.:ltjonal or Grouo Soeakers. Prior to presenting hislher
case, nny person representing an organization or otht:r persons
shall indicale, in writing, the organiution or group hclshe
represents and how he/she received :lulhorization to speak on
behalf of such organization or group of pcrsons. The Board Illay
make further inquiry into the represented authority orsuch person
i r ncccs.!lary,
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(c) ReSlrielions on Testimonv or Presenlat;on of Evidence.
Notwithst:lnding ;Jny provisions herein. any Bo?rd member m:lY
interrupt ~ny prc5cnl.ation that conloins mnttcrs which need not be
considered in deciding lhe motter then before the BOiJrd for
consideralion. At any Board proceeding. the ChairmiJn. unless
ovcrruled oy majority of the Board members prescnt, may restrict
or tcrrninalc pn:scntOltions which in {he chairmOln's judgment arc
frivolous. unduly repetitive Dr OUl of order.
(d) Public Offieiols. Notw;tbstanding other provIsions hereof. the
Boord may allow any elected or oppointed publ;e orncial. or
representative Ihercor. 10 nppcar and milke presentations iJt any
time with rcgJrd 10 matters under consideration.
(e) Continued I'uhlic J IctJrinl!s. In any mOlltcr \vhcn: it is known IhOlt a
scheduled public hearing will be .continued 10 a future date
eenain, the starr report may be abbrevlatcd nnd public comment
may be limited to those persons who state that they bel;eve they
eun not be ovailoble to speok on Ihe dale to which the public
heoring is being continued. Such persons may moke thcir
comments at Ihe currenl meeting; provided, however. thilt upon
making tncir comments. such persons shall wai....e the right to
reJ'.lcat or mnkc !;ubstantially the same presentation at any
suhscquent mt'cting on (he same subject. This wnivcr shall nol
preclude such persons rrom making different presentations bLlsC"d
on new inroml~ljnn or from orfering response 10 other pcrsons~
pn:scnt01lion, if otherwise allowable, O1t any subsequent meeting.
(4) The Record
(a) AlItomaticullv Included in the Record: The following documents
shall OUllllllolically he ;ncllldcd in Ihe record orthe hearing he fore
lhe Boord:
(I) The rceord rrom any preliminary hearing. Ihe agenda
paekel. the stull' report. ond the transcripl of the heoring
berore Ihe Board:
(2) IVrillen eommenls and documents previously entered into
the fL'eord ot 0 prior Boord meeting on Ibe particular
matter.
(h) Ilems IVhich Shall Be Ploced in the Record: Any oddit;onal
documents. t'xhibits, diagrams, petitions, letters or olher materials
prcscnt~d il' l>Upport of, or in opposition to, an item to be
con:-:;idercd by the BO&1rd shall be entered into the record, as long
as il w"' recei,'ed by the Board's Clerk or Ihe applicable Collier
County department sevcn (7) doys prior 10 the date or the hearing.
(,
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(c) Addit;o""1 Evidence. Except pursuont to subsection C) (3) obo\'e.
Written Presenlotion, ony oddltiona! written or documentary
evidence filed within seven (7) days of the dale of the hearing
sholl not heeome port of the record.
(d) ('II sInd ion. 'Il,e (,lerk ,holl he the omei'll cU'lodi.n of the record.
(C) Exhihlt'. Un1css .n oversized exhihi\ is absolutely essential,
documentary poper or photographic exhibits should not cxcccd 24
inche, by 3(, inches .nd, if mounted on a b.ekhoord, sh.1I be
removable thcrefram. All documentary evidence should be
eap.ble ofheing folded .nd flied.
II. Other l'uhlic Jlcarinl!s: The following rules apply 10 iluvcrtisccl public hearings
other lhnn those which arc quasHudici:l1 in nature, including. tho~c Z1dvcrtiscd
rubllc hCllrings \vhich arc legislative In n;J.turc.
.J Pre.llearin" Submitt.1s:
(I) Annlie.tion. An .pplic.nt (as defined in the Collier County Land
Devclopment Code) sh.1I m.ke .ppliealion as provided in Ihe procedures
est.blished for the individual deeisioo being requesled.
(1) St.ff/A"cnev Recommendation, To Ibe extent Ihot Ihe .pplic.ble
procedure requires a st::lff re"iew .md \vril1cn recommendation to be
presented to the Boord. th.t wrillen rccommend.tion sh.1I be complelcd
and ,vOlloble for public inspection no 1.ler th.n ten c.lendor d.y' prior
10 the heoring before Ihe Boord.
(3) Wrillen Present.tion. No later than one week prior 10 the scheduled public
heoring before the Bo.rd, ony .pplieant, proponenl, or opponent m.y
slIbmit, in support of or in opposition (0 the issue which is the subjecl of
the advertised public hearing, any written arguments, evidence,
cxpl~nnliom, sllItlies, n:porls, petitions or olhcr documental ion to SIClff for
ll1t~mkcJ cnl1sidl.:rJtion hy Ihc Honro. All wTil1cn sllhmissions, nor
incluuing pil.:loria\ cJIsrl~ys (mars, gr4lphs and thL' like) mUSI be on 8-1/2 x
II'lnch p'per.
h) Puhlic lIeorine:
(I) Geneml. All members of Ihe public who address Ihe Board sh.1I utili"
tbe spe.ker's podium to allow their comments 10 be recorded. and shall
Identify Ihemselves b,' name and 10c"1 .ddre"cs, If .pplieahle. Further.
any speaker speaking on beh.llr of an organization or group of individuals
(exceeding fI\'e) shall indicale such and shall cite the source of such
~Illthority whether by request. pC:lilion. vote, or otherwise.
(01) Time Limitation Guideline!>. It is expected thilt prt'scntations '....ill
be organized and efficiently presented. As. guideline 10
presentations, in addition to the wrilten comments submitted 8S
part or the preliminary re-cord. it is expectcd that persons in the
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AGENDA ITEM
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rollowing status will prcp:lrc their discussions nnd comments to
be complcted wilhin Ihe pre,eribed lime limits:
I. Slaff ,hall bc respon,ible for summarizing Ihe ilem for
the Board nnd shillllimit such presentation to a maximum
of Iwcnly (20) minule.'.
2. For advertised public hearing items (olher than Iha,e
which :Ire qU:Jsi~juuicial in mHurc). where there is an
applicant olher tban Ihe Uoard of County Commissioners
or stoff, following Ihe 'taff summary of the item the
applicant will have an opportunity to make a maximum
(10) minute presentation.
J. Persons who ha vc been authorized (0 represent an
organization with five (5) or more members or a group of
five (5) or more persons should limit their presentation to
ten (10) minutes. II is expected th:lI others in the
org;miZiJlion or group waive their time.
4. MI other persons may 'peak for a maXImum of five (5)
minutl:s cilch.
5. No speaker may give his or her lime to any other speaker.
AI the discrelion of Ihe Ch,imwn. Ihe time allowed for
ilny ~pcakcr milY be extended
(h) Sncilkcr RCL!istr<ltion. Persons. other than staff ~nd the applicant
(where applie,blc). wishing 10 speak on an odvertised public
hearing itcm shall, prior 10 the item being heard, regisler with Ihe
County AdminiSlrator on Ihe forms provided. Five (5) or more
persons deemed by lhe floard to be assoeialed together or
othcT\\'isc represent a common point of view, as proponents or
opponents on ~ny item mClY be requested to select a spokesperson.
(1) Mi,eell,ncou,ltcm,:
(:1) Orl!onizntl(m:li or (irmm Sneaker!\.. Prior 10 mnking hisillcr
L'ommcnts. any person n:rrcsctHmg an org;:lnlzation. or other
flcrsons 5110)11 indiciJlc who he/she rcprt"scnts and how he/she
received iluthoriz31ion to speak on behalf of such organization or
group of pcn;on;. The Boord may make funhcr Inquiry inlo the
reprcsented authority of such person if necessary.
(h) RCf:lriclions nn CClmmenls Deemed Not Gcnnanc to the Item.
Nnl\'lo'ithM.lnding. ~ny prm'isions herein, any Board member may
interrupt ~ndlnr stop ~my prC'sent~tion thai discusses mJ11CrS that
nCl:d nol be considered in deciding th~ matlC'r then before the
Boord for eon,id"r~lion. Ai ~nl' Uoard proceeding. the Chairman.
unless Cl\'crruft.'d hy rnilJority of the Board members prcs<:nt, may
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restrict or ICrl111natc presentations which in (he ch~irman's
judgment Ol.rc frivolous. unduly repetitive or nul of order.
(cJ
Jl\lhlic Onicinls. Notwithstanding other provisions hereof. the
[loard may allow any elected or .ppointed public offlei"1 or
repre'entalive thereof, to appear and make present.tions al any
lime with rcgnrd 10 m::lttcrs under consideration.
(d)
Continued Puhlic IIcarinl!s. In any matter where it is known thaI a
,eheduled public heariny will be continued 10 a future date
eertaill, the Slaff report m.y be .bbre"i.tcd .nd public comment
m.y he limited 10 Iho,e person' who 'talc th.t they belicvc Ihcy
cannot be ilvailLlolc to !'pcak on the date to which the public
hearing i5 being continued, Such persons m:J.Y make their
comments at the current meeting; provided, however, that upon
making their comments. such persons shall -wnive the righl to
rcpc~t or nl::lkc ~ubstantinlly the same presentation at an)'
subsequcnt meeting on the same subject.
D. Olhcr Agendn Ilems Bcforc lhc Bo.rt!: In addition \0 public hcaring, public
commcnt and public petition itcms. with the ~pproval or the Board, members of
Ihe public may spcak on olhcr Board agenda items.
J. Recislr.tion: Persons wishing 10 spe.k on agenda ilems olher than advertised
public hearing items, public comment on general lopies and public petition ilems,
<hall reyisler 10 'pcak on the fonn provided by Ihe County prior to the item being
called by Ihe Chairm.n 10 he heard.
II Time Limil<: Where the Board hos requesled or olhenvi,e ,ulhorizcd public
input em o.gcndn items olher than public hC:lring, public comment on general
topic. or public petitions items, speakers will be limited to :J maximum of 5
minul~s.
Q
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.. AGENDA ITEM
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COLLIER COUNTY LAND DEVELOPMENT CODE
,.'c.
10.02.02 E.1.
b. Site plans, other final development permits or certificates of occupancy issued in
violation of the prohibition of this section are deemed to be invalid, and shall not
confirm or vest any development right or property interest on the ownerloperator or
regulated development.
F. Requests for interpretations.
1. Initiation. An interpretation may be requested by any affected person, resident, developer,
land owner, government agency or department, or any person having a contractual interest in
land in Collier County.
2. Procedures.
a. Submission of requesl for inlerpretalion. Requests for interpretation must be submit.
ted to the County Manager or his designee or chief building official ("officials") in a
form established by him. Each request must identity the specific land development
code or building code citation to be interpreted. Each request for interpretation must
be accompanied by the appropriate fee as set forth in the fee resolution adopted by
the board of county commissioners. Under no circumstances may the request for
interpretation contain more than three issues or questions. It must not contain a
single question with more than three sub-issues or questions. If it is determined by
the appropriate official that the request for interpretation contains more than Ihree
issues, the applicant will be required to submit a separate requesl accompanied by
the applicable fees.
b. Oelermination of compleleness. After receipt of a request for interpretation, the
appropriate official must determine whether the request is complete. If the appropri.
ate official determines that the request is not complete, he must serve a written notice
on the applicant specifying the deficiencies. The appropriate official will take no
further action on the request for interpretation until the deficiencies are remedied.
i. Notificalion of affected propeny owner. Where a site specific interpretation
has been requested by a party other than the affected property owner, Collier
County shall notify the property owner that an interpretation has been
requested concerning their property.
c. Rendering of inlerpretation. After the request for interpretation has been determined
complete, the County Manager or his designee or chief building official, whichever
is applicable, shall review and evaluate the request in light of the growth management
plan, the future land use map, the Code and/or the official zoning atlas, and building
code related matters, whichever is applicable, and render an interpretation. The
County Manager or his designee and the chief building official may consult with the
county attorney and other county departments before rendering an inlerpretation.
Prior to the release to the applicant of any interpretation, the interpretation shall be
reviewed by the county attorney for legal form and sufficiency. Interpretations made
pursuant to this seclion shall De rendered within 45 days of issuance of a
determination of completeness made pursuant to section 10.02.02 F.2.b. above.
3.
Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail
return receipt requested.
Supp. No.2
LDC10:20
10.02.02 FA.
4.
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APPLICATION, REVIEW, AND DECISION.MAKING PROCEDURES! ,c
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Official record. The County Manager or his designee shall maintain an official record of all
interpretations rendered by either the County Manager or his designee or chief building
official, which shall be available for public inspection during normal business hours.
a. Notice of inlerpretalion. The County Manager or his designee shall provide public
notification upon the issuance of an interpretation. For general interpretations of the
building code, Growth Management Plan or Land Development Code, notice of the
interpretation and appeal time.frame shall be advertised in a newspaper of general
circulation in the County. For interpretations affecting a specific parcel of land, notice
of the interpretation and appeal time.frame shall be advertised in a newspaper of
general circulation, and mail notice of the interpretation shall be sent to all property
owners within 300 feel of the property lines of the land for which the interpretation is
effective.
b. Effeclive time /imils of an interpretalion. An interpretation rendered by the County
Manager or his designee or the building official, as the case may be, shall remain in
effect until the appropriate Code section is amended to clarify the applicable provision
or provisions which warranted the interpretalion, or until such time as the interpre.
tation is adopted, modilied, or rejected as a result of an appeal to the board of zoning
appeals andlor the building board of adjustments and appeals, by the applicant or
other individual or entity identified in section 10.02.02 F.1. above. From the time the
interpretation is rendered and the time the appropriate Code section is amended, or
in the case of an appeal, until such time as the board of zoning appeals andlor
building board of adjustments and appeals has rendered its finding, no further
request for interpretation regarding the same issue shall be permitted.
5. Appeal to board of zoning appeals or building board of adjustments and appeals.
a.
Within 30 days after receipt by the applicant or affected property owner of a written
interpretation sent by certified mail return receipt requested by the County Manager
or his designee or chief building official, or within 30 days of publication of public
notice of interpretation, the applicant, affected property owner, or aggrieved or
adversely affected party may appeal the interpretation to the building board of
adjustments and appeals for matters relating to building and technical codes as
shown in division 1.18 or to 1he board of zoning appeals for all other matters in this
Code. For Ihe purposes of this section, an affected property owner is defined as an
owner of property located within 300 feet of the property lines of the land for which the
interpretation is effective. An aggrieved or affected party is defined as any person or
group of persons which will suffer an adverse effect to an interest protected or
furthered by the Collier County Growth Management Plan, Land Development Code,
or building Code(s). The alleged adverse interest may be shared in common with
other members of the community at large, but shall exceed in degree the general
interest in community good shared by all persons.
b.
A request for appeal shall be filed in writing. Such request shall state the basis for the
appeal and shall include any pertinent information, exhibits and other backup
information in support of the appeal. A fee for the application and processing of an
appeal shall be established at a rate set by the board of county commissioners from
time to time and shall be charged to and paid by the applicant The board 01 zoning
Supp. No. 3
LDC10:21
10.02.02 F.5.
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COLLIER COUNTY LAND DEVELOPMENT CODE . !) ') 2008
10.02.03 A.2 Zf..
appeals or the building board of adjustments and appeals, whichever is applicable; -.-'-..
shall hold an advertised public hearing on the appeal and shall consider the
interpretation of the County Manager or his designee or chief building official,
whichever is applicable, and public testimony in light of the growth management plan,
the future land use map, the Code or the official zoning atlas, or building code related
matters, whichever is applicable. The board of zoning appeals or the building board
of adjustments and appeals, whichever is applicable, shall adopt the County Manager
or his designee's or chief building official's interpretation, whichever is applicable, with
or without modifications or conditions, or reject his interpretation. The board of zoning
appeals or the building board of adjustments and appeals, whichever is applicable,
shall not be authorized to modify or reject the County Manager or his designee's or
chief building official's interpretation unless such board finds that the determination is
not supported by substantial competent evidence or that the interpretation is contrary
to the growth management plan. the future land use map, the Code or the official
zoning atlas, or building code, whichever is applicable.
c. Time limitations on appeals. Any appeal that has not been acted upon by the
applicant within six months of the applicant filing the appeal will be determined to be
withdrawn and cancelled unless extended by the BCC. Further review and action on
the appeal will require a new application subject to Ihe then current code.
(Ord. No. 04.72, 9 3.Z; Ord. No. 05.27, 9 3.TT; Ord. No. 06-07, 9 3.5)
10.02.03 Submittal Requirements 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 further
intended to ensure that the proposed development complies with fundamental planning and
design principles such as: consistency with the county's growth management plan: the layout,
arrangement of buildings, architectural design and open spaces; the configuration of the
traffic circulation system, including driveways, traffic calming devices, parking areas and
emergency access; the availability and capacity of drainage and utility facilities; and, overall
compatibility with adjacent development within the jurisdiction of Collier County and
consideration of natural resources and proposed impacts 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 therefrom:
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).
b.
Townhouses developed on fee simple lots under individual ownership, provided that
a fee simple townhouse plat is approved in accordance with the provisions of section
10.02.04.B.4.
c.
Underground construction; utilities, communications and similar underground con.
struction type activities.
Supp. NO.3
LDC10:22
CCJ?~ of oJ:
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. 2008
"2.
March 17,2008
The Collier County Board of County Commissioners
Naples, FL 34108
RE: INTP-2008-AR-12880, the Collier County Board of Commissioners is requesting an
Official Interpretation to determine the legal preserve setback requirement with respect to those
properties which border preserves within Olde Cypress. The subject property is the Olde
Cypress PUD, Section 21, Township 48, Range 26, Collier County, Florida.
Dear Board of County Commissioners:
You have asked me to render an official interpretation regarding the legal preserve setback
requirement with respect to any buildable lot or parcel subject to or abutting a protected/preserve
area as required by the Land Development Code (LDC), specifically for those properties which
border designated preserve lands within the Olde Cypress Planned Unit Development (PUD)
Ordinance No. 86-75 as amended (Ordinance Nos. 96.64; 99-27; 99-92; 00-37). Pursuant to the
Collier County Land Development Code Chapter 10, subsection 10.02.02.F.1. you are authorized
to request this interpretation. Specifically, you ask to provide an official interpretation as to the
following question:
What is the legal preserve setback requirement with respect to those properties which
border preserves within Olde Cypress?
You then ask that in preparing my response, to address or rebut the issues raised in the attached
letter dated December 12, 2007, by Margaret Cooper (see attached Exhibit I). Because the
official interpretation request is not exclusive to the single property which is the subject of Ms.
Cooper's letter (Grider Residence) nor did Ms. Cooper ask for an official interpretation pursuant
to Land Development Code (LDC) sections 1.06.00 and 10.02.00 in the required manner, it is my
opinion that I am constrained from specifically evaluating the contents of Ms. Cooper's letter as
part of an official position with respect to her client's property as part of this interpretation.
However, upon review of her December 121h letter, I am of the opinion that her points are
addressed as a result this response to your request for interpretation.
Based on the provisions of the Collier County Land Development Code (LDC) and the Olde
Cypress PUD, it is my opinion that the structures located on properties which are adjacent to
protected preserve areas in the Olde Cypress PUD are subject to the development standards of
the Land Development Code for preserve setbacks for a distance of 25 feet for principle
structures and 10 feet for accessory structures. A summary of my opinion is set forth as follows
which is then followed by detailed analysis:
1. Because the PUD does not provide for a specific preserve setback requirements nor does
it expressly waive the preserve setback requirement in the LOC, the preserve setback
standards as set forth in the LDC, apply. The PUD expressly states that "Unless
specifically waived through any variance or waiver provisions from any other applicable
regulations, the provisions of those regulations not otherwise provided for in this PUD
are required to remain in full force and effect" A preserve setback requirement was not
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expressly provided in the PUD as an alternative to the LDC preserve requirement,
therefore, it is my opinion that the preserve setback requirements in the LDC shall apply
to development in this PUD.
2. The Olde Cypress PUD specifically states that the development standards contained in
the PUD are not the only development standards applicable to development within the
PUD and in fact are intended to work together with the regulations contained in the LDC,
where applicable, at the time of issuance of a development order to which the specific
standard pertains. The Olde Cypress development contains a dedicated
preserve/conservation area, therefore for properties abutting or subject to the preserve,
the preserve setback requirements of the LDC are applicable to those properties within
this project
3. The Olde Cypress PUD specifically states that the PUD master plan is considered a
conceptual design and also notes that the actual or true development plan will be
established as a result of the preparation of the required plats and site plans in accordance
with the rules set forth in Divisions 3.3 and 3.2 of the LDC (Ordinance No. 91-102).
Division 3.2 of the LDC contains the regulations pursuant to the design standards for the
required improvements for subdivisions and in fact contains the specific regulations for
preserve setbacks for principal and accessory structures. Therefore, it is clearly evident
that the development standards in the PUD were not intended to be the exclusive
standards governing development within the PUD and that it was intended that the PUD
development standards work in conjunction with the applicable development standards in
the LDC. The project contains protected preserve areas therefore the preserve setback
requirements of the LDC are applicable to development in this project.
4. The Collier County Land Development Code itself specifically requires all development
regulations and other applicable provisions of all County ordinances, such as, but not
limited to, all provisions of the Collier County Land Development Code, as may be
amended, shall apply unless specifically modified by the approved PUD Document and
PUD Master Plan. There is no specific modification to the preserve setback requirements
of the LDC set forth in the Olde Cypress PUD or the LDC. There are similarly situated
PUD zoning districts which modify the preserve setback requirements of the LDC within
the PUD. As such, the preserve setback requirements as set forth in the LDC are
applicable to the aide Cypress PUD.
The preserve setbacks are established by composition and by definition, in the Collier County
Land Development Code. In fact there are primarily three different types of setback standards
established by the LDC: principle structure setbacks, accessory structure structures and preserve
setbacks. The term "Preserve setbacks" is clearly defined within Ordinance No. 91-102 as
amended, which is the version of the LDC largely in affect at the time of development order
applications for the aide Cypress PUD and is described below.
Preserve setback: The difference measured from the boundary of a conservation easement or
planed preserve tract in which no principal structure may be constructed (See division 3.2).
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First, to provide some background, in 2004, Ordinance No. 04-41 effectively "reorganized" the
entire LDC without changing its content (see Paragraph 5, Conjlicl and Severability, of
Ordinance No. 04-41, as amended provisions of the previously adopted LDC shall apply in the
event of a conflict). Therefore, although the definition for preserve setbacks is not present in the
current LDC (Ordinance No. 04-41, effective October 18, 2004), the text requiring the same
preserve setbacks is still present and in force and in effect (see 3.05.07.H.3.a and 10.02.04. B.I.,
Ordinance No. 04-41).
The setbacks for properties which abut designated preserve areas was established in the 1991
LDC. Preserve areas are required by the LDC to be shown conceptually on a PUD Master Plan at
the time of rezoning. After zoning approval, the legal descriptions and boundaries of the preserve
are more specifically identified on a preliminary subdivision plat which is currently reviewed
and approved administratively, however was formerly required to be approved by the Collier
County Planning Commission. The final plat, which follows approval of the preliminary pial, is
approved by the Board of County Commissioners and is then recorded before building permits
are issued, prior to the beginning of vertical construction. The preliminary subdivision plat for
Olde Cypress, was approved on March 4,1999 (CCPC Resolution No. 99-14); specifically, the
preliminary subdivision plat approved Tract "A" as a conservation (preserve) tract as did the
final plat which also identified the specific legal description and boundaries of Tract "A". Tract
"A" included on the final plat for Olde Cypress was recorded on April 27, 1999.
Ordinance No. 91-102 (LDC), adopted on October 30,1991, Division 3.2, subsection
3.2.8.4.7.(3) establishes the requirement for protected/preserve areas and easements and the
requirement for additional setback regulations applicable to those structures that abut preserve
areas and reads in part as follows:
Prolecled/Preserve Area and Easemenls. A non-exclusive easement or tracl in favor of
Collier County, without any mainlenance obligations. shall be provided for all
"protected/preserve" areas required to be designated on the preliminary and final
subdivision plats. Any buildable lot or parcel subject to or abutting a prolected/preserve
area required 10 be designaled on the preliminary and final subdivision plats shall have a
minimum twenty-jive foot (25:> setback from the boundary of such protecled/preserve
area in which no principal structure may be construcled Furlher, the preliminary and
final subdivision plals shall require thai no alteration, including accessory struclures . . .
. shall be permitted within such setback area without the prior written consent of Ihe
Development Services Director; provided, in no event shall these activities be permitted
in such setback areas wilhin ten feel (lO ') . . . .
This provision was originally found only within the subdivision standards (Division 3.2,
Subdivisions, Ordinance No. 91-102) but was later (2003) copied and moved to a separate
"preserve area standards" section of the LDC, specifically subsection 3.9.9.5.6.(4). as an
amendment to Ordinance No. 91-102, adopted on June 16,2003. This text relocation did not
alter the same preserve setback requirements of25 feet and 10 feet adopted in 1991, although it
did modify the setback language to allow for some impacts such as placement of fill within the
first I 0 feet of the preserve area. The amendment also added additional dimensional standards to
the preserve area and increased the amount of preserves that must be created in relationship to
the size of the parcel. Consequently the Board voted to adopt language which did "exempt"
certain development order applications which were submitted and deemed sufficient prior to
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June 16,2003 from compliance with these new regulations in Section 3.9.5.5.6. as they related to
the additional standards for native vegetation described above. Because this 2003 amendment did
not modify the setback requirement which as been in the LDC since 1991, the exemption
language set forth in the 2003 amendment does not apply to the preserve setback requirements,
which still apply to Olde Cypress today.
It's important to note that the definition for "Preserve Setback" as cited above is contrary to the
text in section 3.2.8.4.7.(3) noted above, specifically because the defmition limits the
applicability of a preserve setback to principal structures only, where section 3.2.8.4.7.(3) sets
forth preserve setback requirements to both principal and accessory structures. This discrepancy
is remedied through the application of Chapter I, Section 1.03.01.0. of the LDC which states
that where any provision of these regulations, the GMP or any other law or regulation in effect in
Collier County, Florida, imposes greater restrictions upon the subject matter than any other
provision of these regulations. . .. then the provision imposing the greater restriction or
regulation shall be deemed to be controlling. For that reason, despite the difference in the
definition and the implementing regulations, which I believe was simply an oversight; it is my
opinion that preserve setback requirements are applicable to both principal and accessory
structures.
Pursuant to point number I above, the relevant succession of PUD ordinances governing the
Olde Cypress development have continuously contained language which states that "unless
specifically waived through any variance or waiver provisions from any other applicable
regulations, the provisions of those regulations not otherwise provided for in this PUD shall
remain in full force and effect." (See section 3.04.E Ordinance No. 99-27; section 3.04.E.
Ordinance No. 2000-37). Section 3.04 of the Olde Cypress PUD Ordinance (Ordinance No.
2000-37) reads in part as follows:
. . . . . . . . . . unless specifically waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not otherwise
providedfor in Ihis PUD remain infullforce and effect
The LDC has a specific requirement for preserve setbacks, as it also has specific requirements
for principal and accessory setbacks in each zoning district. The Olde Cypress POO
development standards define the setback requirement only for principal and accessory structures
and the PUD zoning ordinance does not waive or reference the additional setback requirement
for structures abutting preserve areas as set forth in the LDC. Absent a specific setback
provision to the preserve areas, in accordance with the requirements of the POO and LDC, one
must revert to the LDC setback standards to preserve areas which, as stated above, are separate
and distinct requirements from the development setback standards for principal and accessory
structures. Furthermore, there are other PUD zoning districts that have been approved by the
County which set forth separate and distinct regulations for preserve setbacks.
Pursuant to point number 2 the PUD text recognizes that the PUD ordinance is not an all-
inclusive document when it comes to development regulations. See Section 3.04A Ordinance
Nos. 2000-37; 99-92; 99-27; 2.07- 96-64, Olde Cypress PUD which reads as follows:
,
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. . ..developmenl shall abide by the regulations wilhin Ihis PUD and any applicable LDC
regulations (emphasis added) appropriate 10 and in effecI at the time of issuance of any
developmenl order to which said regulalions relale which aulhorizes Ihe construction of
improvements.
The Olde Cypress PUD contains preserve areas. The LDC requires specific setbacks to preserve
areas. The Olde Cypress PUD fails to set forth its own specific set of regulations for setbacks to
preserve areas as countless other PUD ordinances approved in the County have. Therefore,
absent distinct and specific regulations in the Olde Cypress PUD ordinance, the PUD itself, as
well as the LDC, requires the LDC standards for setbacks to preserves to apply to development
in the Olde Cypress PUD.
Pursuant to point nwnber 3 above, Section 7.03 of the Olde Cypress PUD ordinance (Ordinance
Nos. 99-27 and 2000-37) states that the actual acreages shown on the PUD master plan are based
on conceptual design and are approximate. The PUD goes on to state that actual acreages of all
development tracts will be provided at the time of site development plan or preliminary
subdivision plat approvals which will be in accordance with Division 3.3 and 3.2 respectively of
the Collier County Land Development Code. Division 3.2 of the LDC provides the requirement
for setback to preserves as noted above. The County has, since 1991, administratively reviewed
preliminary and final subdivision plats for compliance with the preserve setback requirements.
Specifically, during the review of preliminary and final subdivision plats, the County
Environmental staff, as part of its standard review checklist, regularly reviews each subdivision
application for compliance with the preserve setbacks, either pursuant to the requirements of the
LDC or pursuant to the PUD if a different set of preserve setback standards is adopted in a PUD
ordinance. Furthermore, the Olde Cypress Preliminary Subdivision Plat (CCPC Resolution No.
99-14) was specifically approved with an identified conservation/preservation tract (Tract "A")
and was subject to the following conditions:
1. Notwithstanding this Preliminary Subdivision Pial approval, conditions of development
imposed by any prior developmenl order, and all applicable provisions oflhe Collier
County Land Developmenl Code remain in effect, and have superintending control over
any subsequenl development orders issued for the land covered by this PSP.
One can only conclude from reading these ordinances and development order approvals,
Divisions 3.2 and 3.3 ofthe LDC require development in the Olde Cypress PUD to be compliant
with the setbacks to preserves for the Olde Cypress PUD as does the conditions of approval of
the preliminary subdivision plat, as they are set forth in the LDC.
With respect to point nwnber 4, Division 2.2 of Ordinance No. 91.102 was originally adopted
and then later amended for the PUD zoning district standards (therefore applicable to all PUDs),
reads in part as follows:
. . . . All development regulations and other applicable provisions of all County ordinances
such as, but not limited to, all provisions of Ihe Collier County Land Developmenl Code, as may
be amended, shall apply unless specifically modified by the approved PUD Document and PUD
Master Plan
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As previously noted, there is no specific modification to the preserve setback requirements of the
LDC set forth in the Olde Cypress PUD. Contrary to the Olde Cypress PUD, there are similarly
situated PUD zoning districts which do specifically modify the preserve setback requirements of
the LDC within the PUD ordinance. Because there is no specific modification as required, the
preserve setback requirements as set forth in the LDC are applicable to the Olde Cypress PUD.
Based on my analysis of the Olde Cypress PUD and the Collier County Land Development
Code, it is my opinion that for properties abutting preserve areas, a preserve setback of 10 feet
for accessory structures and 25 feet for principal structures shall be in effect and in this case,
clearly applies to development within the OJde Cypress PUD. Because development order
applications related to the measurement of setbacks to preserves are contained in two areas of the
Land Development Code, the first in the subdivision regulations and the second in the
Preservation Standards Section (3.05.07; Ordinance No. 04-41), review for consistency with the
preserve setback requirements would occur at either or both the preliminary subdivision plat
phase of development and the building permitting phase of development.
There may be some question as to the applicability of the Native Preservation standards to single
family structures pursuant to Section 3.05.07 of Ordinance 04-41, specifically, Section 3.05.07
Preservation Standards, subsection A.2. and H. Section 3.05.07. refers to the requirements for
preservation of native vegetation (as defined by the LDC) in terms of amount and location
(Subsections A-G) and the native vegetation preservation design standards (identification,
minimum dimensions, required planting criteria,) in Subsection H. The regulations in section H.
may be a source of confusion. LDC Section 3.05.07. A.2. states that single family residences are
exempt from the requirements of section 3.05.07 .H. However, the application of this subsection
must be read in totality with all of the regulations set forth in Section 3.05.07, Preservation
Standards. The Native Preservation standards themselves are clearly intended to apply to large
projects comprised of multiple residential tracts and lots or a combination of residential and
commercial land uses (or other types of mixed-used). Native preservation requirements
(applicability and amount) are to be met in accordance with the table 3.05.07. Rl. on page
LDC3:28.2. Section 3.05.07.H3.a is clearly a duplication of the same setback provisions that
were found in the subdivision requirements of the LDC since 1991 and still exist today. The
significant intent of establishing the native preservation section in 2003 was to assemble
scattered provisions in the Land Development Code dealing with preservation requirements. The
exemption for single family was clearly only intended to apply to the preserve requirements, the
conservation easement requirement and the preserve management plan requirements as
calculated on a project basis and was intended to show that no preserves would existing within a
single family lot, but not that the preserve setbacks did not apply to the structures on a single
family lot. In conclusion, it is my opinion that the exemption for single family residences as
described in 3.05.07 H. is not intended to preclude a single family structure (principal or
accessory) from meeting the preservation setback requirements.
In conclusion, the Olde Cypress PUD failed to provide specific development standards for
setbacks from preserve areas as defmed in the Collier County LDC. Where the PUD either fails
to provide specific development standards and/or fails to specifically deviate from requirements
in the LDC, the applicable provisions of the LDC are required to apply as clearly stated they
should in the PUD itself Subsequent LDC amendments providing for vegetation exemptions did
not exempt the setback requirements to preserves. In this case, development within the pUD is
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subject to the preserve setback standards as set forth in the LDC at the time of preliminary
subdivision plat approval and building permit application, specifically 25 feet for principal
structures and 10 feet for accessory structures.
Within 30 days of printing of the public notice, any adversely affected party may appeal the
interpretation to the Board of Zoning Appeals. An aggrieved or adversely affected party is
defined as any person or group of persons, who will suffer an adverse effect to an interest,
protected or furthered by the Collier County Growth Management Plan or the Land Development
Code. A request for an appeal must be filed in writing, must state the basis for the appeal, and
include any pertinent information, exhibits, or other back-up information in support of the
appeal.
The appeal must be accompanied by a payment of $1500.00 application and processing fee. If
payment is in the form of a check, it should be made payable to the Collier County Board of
County Commissioners. An appeal can be hand-delivered or mailed to my attention at the
address provided on this letterhead.
Sincerely,
Susan M. Istenes, AICP
Director, Department of Zoning and Land Development Review
Cc: Collier County Planning Commission
Joseph K. Schmitt, Administrator, Comm. Development & Env.services Div.
William D. Lorenz, PE, Director Engineering and Environmental Services
JeffK1atzkow, Assistant County Attorney
Ray Bellows, Manager, Zoning Department
Ross Gochenaur, Manager, Zoning Department
Page 7 of7
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COPY OF
OFFICIAL INTERPRETATION
NO.2008-AR-12880
\
1
(--.-
March 17,2008
The Collier County Board of County Commissioners
Naples, FL 34108
RE: INTP-2008-AR-12880, the Collier County Board of Commissioners is requesting an
Official Interpretation to detennine the legal preserve setback requirement with respect to those
properties which border preserves within Olde Cypress. The subject property is the Olde
Cypress PUD, Section 2], Township 48, Range 26, Collier County, Florida.
Dear Board of County Commissioners:
You have asked me to render an official interpretation regarding the legal preserve setback
requirement with respect to any buildable lot or parcel subject to or abutting a protected/preserve
area as required by the Land Development Code (LDC), specifically for those properties which
border designated preserve lands within the Olde Cypress Planned Unit Development (PUD)
Ordinance No. 86-75 as amended (Ordinance Nos. 96-64; 99-27; 99-92; 00-37). Pursuant to the
Collier County Land Development Code Chapter 10, subsection 1 0.02.02.F. I. you are authorized
to request this interpretation. Specifically. you ask to provide an official interpretation as to the
following question:
What is the legal preserve setback requirement with respect to those properties which
border preserves within Olde Cypress?
You then ask that in preparing my response, to address or rebut the issues raised in the attached
letter dated December 12,2007, by Margaret Cooper (see attached Exhibit I). Because the
official interpretation request is not exclusive to the single property which is the subject of Ms.
Cooper's letter (Grider Residence) nor did Ms. Cooper ask for an official interpretation pursuant
to Land Development Code (LDC) sections 1.06.00 and 10.02.00 in the required manner, it is my
opinion that J am constrained from specifically evaluating the contents of Ms. Cooper's letter as
part of an official position with respect to her client's property as part of this interpretation.
However, upon review of her December 12'h letter, J am of the opinion that her points are
addressed as a result this response to your request for interpretation.
Based on the provisions of the Collier County Land Development Code (LDC) and the Olde
Cypress PUD, it is my opinion that the structures located on properties which are adjacent to
protected preserve areas in the Olde Cypress PUD are subject to the development standards of
the Land Development Code for preserve setbacks for a distance of 25 feet for principle
structures and 10 feet for accessory structures. A summary of my opinion is set forth as follows
which is then followed by detailed analysis:
I. Because the PUD does not provide for a specific preserve setback requirements nor does
it expressly waive the preserve setback requirement in the LDC, the preserve setback
standards as set forth in the LDC, apply. The PUD expressly states that "Unless
specifically waived through any variance or waiver provisions from any other applicable
regulations, the provisions of those regulations not otherwise provided for in this PUD
are required to remain in full forcc and effect." A preserve setback requirement was not
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expressly provided in the PUD as an altemative to the LDC preserve requirement,
therefore, it is my opinion that the preserve setback requirements in the LDC shall apply
to development in this PUD.
2. The Olde Cypress PUD specifically states that the development standards contained in
the PUD are not the only development standards applicable to development within the
PUD and in fact are intended to work together with the regulations contained in the LDC,
where applicable, at the time of issuance of a development order to which the specific
standard pertains. The Olde Cypress development contains a dedicated
preserve/conservation area, therefore for properties abutting or subject to the preserve,
the preserve setback requirements of the LDC are applicable to those properties within
this project.
3. The Olde Cypress PUD specifically states that the PUD master plan is considered a
conceptual design and also notes that the actual or true development plan will be
established as a result of the preparation of the required plats and site plans in accordance
with the rules set forth in Divisions 3.3 and 3.2 of the LDC (Ordinance No. 91-]02).
Division 3.2 of the LDC contains the regulations pursuant to the design standards for the
required improvements for subdivisions and in fact contains the specific regulations for
preserve setbacks for principal and accessory structures. Therefore, it is clearly evident
that the development standards in the PUD were not intended to be the exclusive
standards goveming development within the PUD and that it was intended that the PUD
development standards work in conjunction with the applicable development standards in
the LDC. The project contains protected preserve areas therefore the preserve setback
requirements of the LDC are applicable to development in this project.
4. The Collier County Land Development Code itself specifically requires all development
regulations and other applicable provisions of all County ordinances, such as, but not
limited to, all provisions of the Collier County Land Development Code, as may be
amended, shall apply unless specifically modified by the approved PUD Document and
PUD Master Plan. There is no specific modification to the preserve setback requirements
of the LDC set forth in the Olde Cypress PUD or the LDC. There are similarly situated
PUD zoning districts which modify the preserve setback requirements of the LDC within
the PUD. As such, the preserve setback requirements as set forth in the LDC are
applicable to the Olde Cypress PUD.
The preserve setbacks are established by composition and by definition, in the Collier County
Land Development Code. In fact there are primarily three different types of setback standards
established by the LDC: principle structure setbacks, accessory structure structures and preserve
setbacks. The term "Preserve setbacks" is clearly defined within Ordinance No.9 I -] 02 as
amended, which is the version of the LDC largely in affect at the time of development order
applications for the Olde Cypress PUD and is described below.
Preserve setback: The difference measured from the boundary of a conservation easement or
platted preserve tract in which no principal structure may be constructed (See division 3.2).
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First, to provide some background, in 2004, Ordinance No. 04-41 effectively "reorganized" the
entire LDC without changing its content (see Paragraph 5, Conflict and Severability, of
Ordinance No. 04-4], as amended provisions of the previously adopted LDC shall apply in the
event of a conflict). Therefore, although the definition for preserve setbacks is not present in the
current LDC (Ordinance No. 04-41, effective October 18, 2004), the text requiring the same
preserve setbacks is still present and in force and in effect (see 3.05.07.H.3.a and 10.02.04. R I.,
Ordinance No. 04-41).
The setbacks for properties which abut designated preserve areas was established in the 1991
LDC. Preserve areas are required by the LDC to be shown conceptually on a PUD Master Plan at
the time of rezoning. After zoning approval, the legal descriptions and boundaries of the preserve
are more specifically identified on a preliminary subdivision plat which is currently reviewed
and approved administratively, however was formerly required to be approved by the Collier
County Planning Commission. The final plat, which follows approval of the preliminary plat, is
approved by the Board of County Commissioners and is then recorded before building permits
are issued, prior to the beginning of vertical construction. The preliminary subdivision plat for
Olde Cypress, was approved on March 4, 1999 (CCPC Resolution No. 99-14); specifically, the
preliminary subdivision plat approved Tract "A" as a conservation (preserve) tract as did the
final plat which also identified the specific legal description and boundaries of Tract "A". Tract
"A" included on the final plat for Olde Cypress was recorded on April 27, ] 999.
Ordinance No. 91-102 (LDC), adopted on October 30,1991, Division 3.2, subsection
3.2.8.4.7.(3) establishes the requirement for protected/preserve areas and easements and the
requirement for additional setback regulations applicable to those structures that abut preserve
areas and reads in part as follows:
Prolecled/Preserve Area and Easements. A non-exclusive easement or tract in favor of
Collier County, without any maintenance obligations, shall be providedfor all
"protected/preserve" areas required to be designated on the preliminary andfinal
subdivision plats. Any buildable lot or parcel subject to or abutting a protected/preserve
area required to be designated on the preliminary and final subdivision plats shall have a
minimum twenty-five foot (25') selbackfrom the boundary qf such protected/preserve
area in which no principal struclure may be constructed Further, the preliminmy and
final subdivision plats shall require Ihat no alteration, including accessory structures . . .
shall be permitted within such setback area without the prior written consent of the
Development Services Director; provided, in no event shall these activities be permitted
in such setback areas within tenfeet (10') . .
This provision was originally found only within the subdivision standards (Division 3.2,
Subdivisions, Ordinance No. 91-102) but was later (2003) copied and moved to a separate
"preserve area standards" section of the LDC, specifically subsection 3.9.9.5.6.(4). as an
amendment to Ordinance No. 91-102, adopted on June 16,2003. This text relocation did not
alter the same preserve setback requirements of 25 feet and 10 feet adopted in 1991, although it
did modify the setback language to allow for some impacts such as placement offill within the
first 10 feet of the preserve area. The amendment also added additional dimensional standards to
the preserve area and increased the amount of preserves that must be created in relationship to
the size of the parceL Consequently the Board voted to adopt language which did "exempt"
certain development order applications which were submitted and deemed sufficient prior to
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June 16,2003 from compliance with these new regulations in Section 3.9.5.5.6. as they related to
the additional standards for native vegetation described above. Because this 2003 amendment did
not modify the setback requirement which as been in the LDC since 1991, the exemption
language set forth in the 2003 amendment does not apply to the preserve setback requirements,
which still apply to Olde Cypress today.
It's important to note that the definition for "Preserve Setback" as cited above is contrary to the
text in section 3.2.8.4.7.(3) noted above, specifically because the definition limits the
applicability of a preserve setback to principal structures only, where section 3.2.8.4.7.(3) sets
forth preserve setback requirements to both principal and accessory structures. This discrepancy
is remedied through the application of Chapter 1, Section 1.03.01.D. ofthe LDC which states
that where any provision of these regulations, the GMP or any other law or regulation in effect in
Collier County, Florida, imposes greater restrictions upon the subject matter than any other
provision of these regulations. . .. then the provision imposing the greater restriction or
regulation shall be deemed to be controlling. For that reason, despite the difference in the
definition and the implementing regulations, which I believe was simply an oversight; it is my
opinion that preserve setback requirements are applicable to both principal and accessory
structures.
Pursuant to point number 1 above, the relevant succession ofPUD ordinances governing the
Olde Cypress development have continuously contained language which states that "unless
specifically waived through any variance or waiver provisions from any other applicable
regulations, the provisions of those regulations not otherwise provided for in this PUD shall
remain in full force and effect." (See section 3.04.E Ordinance No. 99-27; section 3.04.E.
Ordinance No. 2000-37). Section 3.04 of the Olde Cypress PUD Ordinance (Ordinance No.
2000-37) reads in part as follows:
. . . . . . . . . . unless specifically waived through any variance or waiver provisions from
any other applicable regulations. the provisions of those regulations not otherwise
providedfor in this PUD remain infullforce and effect.
The LDC has a specific requirement for preserve setbacks, as it also has specific requirements
for principal and accessory setbacks in each zoning district. The Olde Cypress PUD
development standards define the setback requirement only for principal and accessory structures
and the PUD zoning ordinance does not waive or reference the additional setback requirement
for structures abutting preserve areas as set forth in the LDC. Absent a specific setback
provision to the preserve areas, in accordance with the requirements of the PUD and LDC, one
must revert to the LDC setback standards to preserve areas which, as stated above, are separate
and distinct requirements from the development setback standards for principal and accessory
structures. Furthermore, there are other PUD zoning districts that have been approved by the
County which set forth separate and distinct regulations for preserve setbacks.
Pursuant to point number 2 the PUD text recognizes that the PUD ordinance is not an all-
inclusive document when it comes to development regulations. See Section 3.04A Ordinance
Nos. 2000-37; 99-92; 99-27; 2.07- 96-64, Olde Cypress PUD which reads as follows:
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__development shall abide by the regulalions wilhin this PUD and any applicable LDC
regulations (emphasis added) appropriale to and in effect at the lime of issuance of any
development order to which said regulations relate which authorizes the construction of
improvements.
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The Olde Cypress PUD contains prescrve areas. The LDC requires specific setbacks to preserve
areas. The Olde Cypress PUD fails to set forth its own specific set ofregulations for setbacks to
preserve areas as countless other PUD ordinances approved in the County have. Therefore,
absent distinct and specific regulations in the Olde Cypress PUD ordinance, the PUD itself, as
well as the LDC, requires the LDC standards for setbacks to preserves to apply to development
in the Olde Cypress PUD.
Pursuant to point number 3 above, Section 7.03 of the Olde Cypress PUD ordinance (Ordinance
Nos. 99-27 and 2000-37) states that the actual acreages shown on the PUD master plan are based
on conceptual design and are approximate. The PUD goes on to state that actual acreages of all
development tracts will be provided at the time of site development plan or preliminary
subdivision plat approvals which will be in accordance with Division 33 and 3.2 respectively of
the Collier County Land Development Code. Division 3.2 of the LDC provides the requirement
for setback to preserves as noted above. The County has, since 1991, administratively reviewed
preliminary and final subdivision plats for compliance with the preserve setback requirements.
Specifically, during the review of preliminary and final subdivision plats, the County
Environmental staff, as part of its standard review checklist, regularly reviews each subdivision
application for compliance with the preserve setbacks, either pursuant to the requirements of the
LDC or pursuant to the PUD if a different set of preserve setback standards is adopted in a PUD
ordinance. Furthennore, the Olde Cypress Preliminary Subdivision Plat (CCPC Resolution No.
99-14) was specifically approved with an identified conservation/preservation tract (Tract "A")
and was subject to the following conditions:
1. Notwithstanding this Preliminary Subdivision Plat approval, conditions of development
imposed by any prior developmenl order, and all applicable provisions of the Collier
County Land Development Code remain in effect. and have superintending control over
any subsequent development orders issued for the land covered by Ihis PSP.
One can only conclude from reading these ordinances and development order approvals,
Divisions 3.2 and 3.3 of the LDC require development in the Olde Cypress PUD to be compliant
with the setbacks to preserves for the Olde Cypress PUD as does the conditions of approval of
the preliminary subdivision plat, as they are set forth in the LDC.
With respect to point number 4, Division 2.2 of Ordinance No. 91-102 was originally adopted
and then later amended for the PUD zoning district standards (therefore applicable to all PUDs),
reads in part as follows:
. . . . All development regulations and other applicable provisions of all Counly ordinances
such as, but not limited to, all provisions of the Collier County Land Development Code, as may
be amended, shall app~y unless specifically modified by the approved PUD Document and PUD
.Master Plan
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As previously noted, there is no specific modification to the preserve setback requirements of the
LDC set forth in the Olde Cypress PUD. Contrary to the Olde Cypress PUD, there are similarly
situated PUD zoning districts which do specifically modify the preserve setback requirements of
the LDC within the PUD ordinance. Because there is no specific modification as required, the
preserve setback requirements as set forth in the LDC are applicable to the Olde Cypress PUD.
Based on my analysis of the Olde Cypress PUD and the Collier County Land Development
Code, it is my opinion that for properties abutting preserve areas, a preserve setback of 10 feet
for accessory structures and 2S feet for principal structures shall be in effect and in this case,
clearly applies to development within the Olde Cypress PUD. Because development order
applications related to the measurement of setbacks to preserves are contained in two areas of the
Land Development Code, the first in the subdivision regulations and the second in the
Preservation Standards Section (3.0S.07; Ordinance No. 04-41), review for consistency with the
preserve setback requirements would occur at either or both the preliminary subdivision plat
phase of development and the building permitting phase of development.
There may be some question as to the applicability of the Native Preservation standards to single
family structures pursuant to Section 3.0S.07 of Ordinance 04-41, specifically, Section 3.0S.07
Preservation Standards, subsection A.2. and H. Section 3.0S.07. refers to the requirements for
preservation of native vegetation (as defined by the LDC) in tenns of amount and location
(Subsections A-G) and the native vegetation preservation design standards (identification,
minimum dimensions, required planting criteria,) in Subsection H. The regulations in section H.
may be a source of confusion. LDC Section 3.0S.07. A.2. states that single family residences are
exempt from the requirements of section 3.0S.07.H. However, the application of this subsection
must be read in totality with all of the regulations set forth in Section 3.0S.07, Preservation
Standards. The Native Preservation standards themselves are clearly intended to apply to large
projects comprised of multiple residential tracts and lots or a combination of residential and
commercial land uses (or other types of mixed-used). Native preservation requirements
(applicability and amount) are to be met in accordance with the table 3.0S.07. RL on page
LDC3:28.2. Section 3.0S.07.H.3.a is clearly a duplication of the same setback provisions that
were found in the subdivision requirements of the LDC since 1991 and still exist today. The
significant intent of establishing the native preservation section in 2003 was to assemble
scattered provisions in the Land Development Code dealing with preservation requirements. The
exemption for single family was clearly only intended to apply to the preserve requirements, the
conservation easement requirement and the preserve management plan requirements as
calculated on a project basis and was intended to show that no preserves would existing within a
single family lot, but not that the preserve setbacks did not apply to the structures on a single
family lot. In conclusion, it is my opinion that the exemption for single family residences as
described in 3.0S.07 H. is not intended to preclude a single family structure (principal or
accessory) from meeting the preservation setback requirements.
In conclusion, the Olde Cypress PUD failed to provide specific development standards for
setbacks from preserve areas as defined in the Collier County LDC. Where the PUD either fails
to provide specific development standards and/or fails to specifically deviate from requirements
in the LDC, the applicable provisions of the LDC are required to apply as clearly stated they
should in the PUD itself Subsequent LDC amendments providing for vegetation exemptions did
not exempt the setback requirements to preserves. In this case, development within the PUD is
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subject to the preserve setback standards as set forth in the LDC at the time of preliminary
subdivision plat approval and building permit application, specifically 25 feet for principal
structures and 10 feet for accessory structures.
Within 30 days of printing of the public notice, any adversely affected party may appeal the
interpretation to the Board of Zoning Appeals. An aggrieved or adversely affected party is
defined as any person or group of persons, who will suffer an adverse effect to an interest,
protected or furthered by the Collier County Growth Management Plan or the Land Development
Code. A request for an appeal must be filed in writing, must state the basis for the appeal, and
include any pertinent infol111ation, exhibits, or other back-up infol111ation in support of the
appeal.
The appeal must be accompanied by a payment of $1500.00 application and processing fee. If
payment is in the form of a check, it should be made payable to the Collier County Board of
County Commissioners. An appeal can be hand-delivered or mailed to my attention at the
address provided on this letterhead.
Sincerely,
Susan M. Istenes, AICP
Director, Department of Zoning and Land Development Review
Cc: Collier County Planning Commission
Joseph K. Schmitt, Administrator, Comm. Development & Env.Services Div.
William D. Lorenz, PE, Director Engineering and Environmental Services
Jeff Klatzkow, Assistant County Attorney
Ray Bellows, Manager, Zoning Department
Ross Gochenaur, Manager, Zoning Department
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Memorandum
To:
Board of County Commissioners
Through:
Joseph K. Sclh'11itt, Administrator, CDES
From:
Susan M. Istenes, AICP, Director
Department of Zoning and Land Development Review
Date:
March 11, 2008
Subject:
Supplemental information related to the aide Cypress PUD Official
Interpretation AR No. 12880
Notwithstanding my official interpretation regarding the applicability of the LDC
required preserve setbacks to the aide Cypress PUD, it is known that there are structures
within this PUD and others which received building permit approval at setbacks less than
25 feet for principal structures and 10 feet for accessory structures despite these preserve
setback requirements for properties adjacent to preserve areas. 1 believe that the setbacks
to preserves, although required, were not unifom1ly applied by the developer when
sighting individual single family homes on lots adjacent to preserves and subsequently
not uniformly applied during the building pennit application review for these affected
properties.
I also believe that my opinion as the Zoning Director today, may not have been uniformly
shared by the number of former (since 1991) Planning Directors or Managers, despite the
fact that many PUDs approved from the early 1990's clearly established separate and
distinct requirements for preserve setbacks within the adopted PUD ordinances; and
where a PUD failed to specifY the preserve setback, would have been then subject to the
LDC requirements for preserve setbacks. In all likelihood, during the 1990's and early
2000's the development standards for primary and accessory structures, as they were
adopted in a PUD (if absent specific reference to preserve setbacks), were the setbacks
that were applied to all structures on all properties, in spite of the fact that some were
abutting preserves and required the preserve setbacks. 1 believe this occurred even though
County records clearly indicate that the staff review for preserve setback requirements
was being continuously and consistently conducted at the time of preliminary subdivision
plat and final plat for every project with designated preserve/conservation areas (plat
reviews occur before building permit application reviews but after zoning approvals).
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Furthermore, because the Olde Cypress PUD did not expressly set forth a separate set of
requirements for preserve setback standards, it is my belief that the preliminary
subdivision plat approvals were not further evaluated by both the developer during
building design and the staff during permit review, thus the requirements for preserve
setbacks, under which the plats were approved, were not taken into further consideration.
The breakdown appears to have occurred at the final plat phase of a project, as was
previously discussed with the Board of County Commissioners.
Setback lines are not customarily shown, nor are they required to be shown, on the final
plat Any and all easements such as drainage easements and utility easements that
restrict development, are required to be displayed on the legally recorded final plat The
recording and noting of conservation easements on final plats for dedicated preserves is a
relatively new requirement (since 2003). As such, individual site plans for homes on
single family lots laid out by the professional land surveyor do not normally show
setback restrictions from the preserve and it is apparent that the architect-engineer who
designed and laid out the home on the site failed to refer to the LDC for any land use
restrictions, and most likely applied only the setback criteria and development standards
as defined in the respective PUD. The plans were then subsequently submitted as part of
the penn it plan set for review by the Building Department In all likelihood permitting
staff relied only on the information noted on the final plat and the PUD setback
requirements expressly as they were written in the POO. Unless specific preserve
setback requirements were set forth in the POO, both the developer and staff apparently
then failed to consider the additional requirements for preserve setbacks as described in
the LDC and the preserve areas as approved on the preliminary and final subdivision
plats, for those properties abutting preserves. Similarly, as in the Olde Cypress case, if the
legally recorded final plat did not note the location of the preserves, both the developer
and the reviewing staff failed to apply the preserve setback standard. It is important to
note that penn its for single family homes are not routed through the Zoning, Engineering
and Environmental Departments for zoning related reviews.
It is my opinion that approval of these permits without the required preserve setbacks is
both in violation of the Land Development Code requirements and is contrary to the
development approvals for preliminary subdivision plats and final plats where platted lots
abutted designated preserve areas. The difficulty in carrying that zoning and subdivision
review approval forward for preserve setbacks may be explained by the fact that the Final
Plats are largely approved in accordance with Florida State Law, and the requirements for
preserve setbacks is a local ordinance, thus the preserve setback requirement approved at
the platting stage of development approval was not memorialized on the Final Plat as
adopted by the Board of County Commissioners.
2
COpy OF
APPEAL REQUEST
ADA-2008-AR-13212
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JONES
FOSTER
JOHNSTON
& STUBBS, FA
Attorneys and Counselors
Flagler Center Tower. Suite 1100
505 South Fltlgler Drive
West Palm Beach. Florida 33401
Telephone (56!) 659.3000
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Moiling AddreH t.f:-U ~()... :
Post Office Box 3475- ... -- - ~
West Palm Beach, F101ida 33402~3475
Margaret L. Cooper, Esquire
Direct Dia]: 561.650.0464
Direct Fax: 561.650.0422
E.Mail: mcooper@jones.fostercom
April 21, 2008
Via Federal Express (witlt all enclosures)
Via E-Mail (w/encls. except Avpelldix)
Susan M. Istenes, AlCP, Director
Zoning & Land Development Review
Collier County Government
2800 North Horseshoe Drive
Naples, FL 34104
RE: AMENDED APPEAL
Grider Residence - OIde Cypress
Official Interpretation No, 2008-AR-12880
Our File No, 25190-1
Dear Ms. Istenes:
I am filing this request for reconsideration or, alternatively, an appeal on behalf of Craig D.
Grider and Amber C Grider and all others similarly situated residents pursuant to both the
procedures found in LDC Sec. 10.02.02 F and Code Sec. 250-58. I am advised that other
residents will join in this request and/or appeal. The appeal is of your Official Interpretation No.
2008-AR-12880 initially dated March 17, 2008 (but published March 20, 2008), as
supplemented by your memo dated March 17, 2008, in response to a request initiated by the
Board of County Commissioners ("BCC"). We previously sent our check for $1,500.00 to the
Collier County Board of County Commissioners. Your Official Interpretation (Ex. 8, p. 8) says
the fee is $1,500. You now advise it is $1,000 and the County will issue a refund.
PRESERVATION OF RIGHTS
AND
OBJECTION TO PROCEEDINGS
We again serve notice that we object to the use of the official interpretation procedure for several
reasons.
(1) LDC Sec. 1002.02 F does not apply to BCC initiation of the process. LDC Sec.
100202 F.1 provides:
www jones-foster com
..--.----.---
Susan Istenes, AICP, DirecLur
Zoning & Land Development Review
April 21, 2008
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Initiation. An interpretation may be requested by any affected
person, resident, developer, land owner, government agency or
department, or any person having a contractual interest in land in
Collier County.
The BCC is not an "affected governmental agency or department."
(2) There has been enormous political involvement that has surrounded the
complaints of the Griders' neighbor Melissa Showalter. Her father Planning Commissioner Tor
Kolflat and certain County Commissioners have injected themselves into these issues and have
strongly advocated in Ms. Showalter's favor. Commissioner Kolf1at has been involved in no less
than four private meetings behind closed doors with you, Mr. Schmitt, the County Manager,
and/or various staff members. (See Kolflat letter, Ex. II) They also hired an attorney to
continue to lobby staff and the BCC. The ex-parte communication on this issue with the
Commissioners and staff are extraordinary. See for example, Commissioner Henning's
voluminous e-mails and the BCC's various calendars evidencing private meetings with Mr.
Ko1flat and his attorney. (Ex. 20 and 21) The assertions to the BCC conceming the Griders and
their home are replete with errors, misrepresentations and inaccuracies.l
When the Griders were ultimately charged with a code violation (Ex. 39), they hired me. I
requested an opportunity to meet with you to ascertain what had been presented and to present
rebuttal. The County forbade me from meeting with you. I was directed simply to write you a
letter which was delivered through Mr. Klatzkow. (Ex. 6) We were not privy to evidence or
argument earlier presented to you in the ex-parte meetings, I was relegated to guessing what
may have been presented. When I voiced objection to the procedure, I was accused of being
"offensive and ignorant." (Ex. 6)
I have been trying to ascertain the extent of what has been presented to you and the BCC via
public document requests. To date, I have some responses, but not all. Accordingly, we reserve
the right to supplement our exhibits and this appeal.
However, I now have come to understand that you placed great reliance on Barbara Burgeson's
representations that the 25 foot setback provisions have always been in the LDC since 1991. It
lOne example is the misnomers concerning the size of his house, which Commissioner Kolflat
and his daughter call a "megahouse." The house is around 3,800 sq. ft. under air, which is
smaller than many houses in the subdivision, including on the Griders' own street. (Ex. 34).
Other more personal attacks are also wrong. As Mr. Farese concluded, the fact that Mr. Grider is
a young real estate attorney has nothing to do with staff's approval of the setbacks. The Griders
were treated in the same manner as all others in Olde Cypress and throughout the County. I
enclose an article written this week about his wife so that you can become more familiar with the
parties involved.
Susan Istenes, AlCP, Direclur
Zoning & Land Development Review
April 21 ,2008
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appears that this is the primary premise upon which your opinion rests. Her representations are
inaccurate, as will be discussed below.
(3) Next, the appeal goes to Bce. Tbis includes the Commissioner who appointed
Mr. Kolflat and those who have been heavily involved in advocating Ms. Showalter's position.
Those Commissioners rejected an earlier opinion from Special Investigator Lawrence Farese,
who they appointed to study this issue. One Commissioner also rejected an opinion he requested
from the County Attorney. It is unheard of that the party initiating a proceeding also sits as an
appellate judge, especially in these circumstances.
(4) The LDC and Olde Cypress PUD are clear, unambiguous and need no
"inteI}'lretation." See Palm Beach County Canvassing Bd v. Harris, 772 So. 2d 1273, 1282 (Fla.
2000) (holding that it is only if statutory language is ambiguous that a court must resort to rules
of construction to determine legislative intent); Holly v. Auld, 450 So. 2d 217, 219 (Fla. 1984)
(same); City of Coral Gables Enforcement Bd v. Tien, 967 So. 2d 963 (Fla. 3d DCA 2007) (plain
language of an ordinance prevails). These decisions apply here. There is no need for you to
"inteI}'lret" clear and unambiguous code provisions to decipher the "intent."
My clients believe that the current process has the appearance of impropriety and there cannot be
a fair hearing in the current process. There is a violation of procedural due process. Our
submittal of this response should not be construed as acquiescence in this procedure. I noted our
objections to Mr. Klatzkow before your ruling. (Ex. 6) I also noted objections to you before
your ruling. (Ex. 7). I want to assure that our objections are preserved in the appellate phase of
the proceedings.
REPORT OF LAWRENCE FARESE
The Bee appointed an independent investigator and Florida licensed attorney, Lawrence Farese,
to investigate and render a report on this matter. He conducted a thorough investigation of all
matters. His report is dated December 7, 2007. (Ex. 2) The result was not to the satisfaction of
Mr. and Mrs. Grider's neighbor (Melissa Showalter) and/or her father (Tor Kolflat). This,
however, is not reason to jettison the report.
Mr. Farese concluded that the LDC unequivocally exempts single family residences from any
setback requirements as it relates to Preserve areas. I also have uncovered opinions from the
County Attorney, concurring in Mr. Farese's conclusion as to the single family exemption. (Ex.
16 and 17) We believe that the County Commission should adopt the initial report that they
commissioned.
SUBSTANTIVE ARGUMENT
The substantive reasons why your inteI}'lretation is incorrect are set forth in my letters to you of
February 29, 2008 and March 20,2008 (Ex. 7.a and 7.b).
Susan Istenes, AICP, DireclOr
Zoning & Land Development Review
April 21, 2008
Page 4
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Next, after having reviewed your OpInIOn, we believe that you have been supplied with
misinformation and have overlooked crucial facts and historical information.
(I) You acknowledged in your March 17,2008 supplemental memo to the BCe (Ex.
9) that prior planning directors and managers have held different interpretations of the same LDC
provisions. I have confirmed this with the prior directors. I also received confIrmation from
senior planner Ron Nino, who reviewed and approved ul.e Olde Cypress PUD. (Ex. 18) Mr.
Nino was your supervisor at the time in question. In particular, they are all of the opinion that
the setbacks in the POO document control.
It is illegal to change standards by simply changing "interpretations." The legal way to change
standards is to amend the POO.
I have confirmed that you never gave training or sent a memo to staff that you were changing
prior interpretations instituted by your predecessors. (Ex. 14 '3) Therefore, County Staff had
full authority to give assurances to Mr. Grider as to setbacks before his purchase and design of
the house, which they did. (Ex. 35) They had full authority to approve the Grider setbacks in the
permitting stage, which they did on several occasions. (Ex. 36) They also had full authority to
issue the building permits at the setbacks existing, which they did. (Ex. 32, 33) The Griders
relied on all of this and have spent well over a million dollars on this home.
Staff has confirmed that the Grider residence was reviewed in the identical manner that staff
reviewed all other home construction in the Olde Cypress POO. (Ex. 40.b) No one was ever
denied an approval under any other interpretation nor was anyone ever required to construct
under your new interpretation. See Ex. 14 '4, which confirms:
To our knowledge we are not aware of anyone in Olde Cypress
who was turned down on construction plans in violation of the
preserve setback as [now] interpreted by Ms. Istenes.
In fact, the first time we find that anyone ever voiced an opinion that the construction setbacks
should be 25 feet from the conservation tract boundary line was Environmental Staff Susan
Mason (who works under Barbara Burgeson) in response to the complaint of Commissioner
Kolflat. (Ex. 40.a) You now have adopted the position taken by Ms. Burgeson, which is directly
contrary to prior directors, the County Attorney and Mr. Farese.
omits.
(2) The following is a synopsis of what you have overlooked and what Ms. Burgeson
(i) You have confused a selback for location of a lot 011 a plat versus a
construction setback for location of a building 011 a lot. (For ease of
reference, I will call the former a " lot location setback" and the latter a
"construction setback. ")
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Susan Istenes, AICP, DirectOr
Zoning & Land Development Review
April 21, 2008
Page 5
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(ii) You have confused the differences between platted preservation
easements dedicaled to Collier County versus a simple conservation tracl
dedicated as a common area to the homeowners association.
(iii) You have overlooked the LDC amendments which occurred in 2003 and
2004 which dramatically changed requirements relating to preserves and
eliminated the default to SFWMD buffering as the required setbacks. In
particular, you have overlooked that the ] 99] LDC deferred to Ihe
required buffering of jurisdictional agencies 10 serve as preserve setbacks.
These distinctions are key to why your decision is incorrect.
(3) It is true that "lot location setbacks" have been in the LDC since 1991. However,
"construction setbacks" were first adopted in 2003 - after the Olde Cypress PUD approval and
platting. Olde Cypress was grandfathered under the old rules. The PUD document did not need
to spell out specifically a deviation from "construction setbacks" to preserves because none
existed. The 1991 LDC relating to "lot location setbacks" deferred to other agency required
buffering as the setback. When the lots for Olde Cypress were platted in 1999, they were "set
back" from the jurisdictional wetlands by way of an upland buffer - in the exact manner called
for in the LDC. After platting, further construction setbacks from the conservation tract were no
longer applicable and no longer to be considered by plan reviewers for SDP approvals or
construction approvals. The LDC amendments in 2003/04 (creating construction setbacks) do
not apply to residences to be placed on lots previously platted under the older, then applicable
standards. This is because the platted lots were already set back from preserves in the platting
stage. Thus, those PIJDs were grandfathered.
(4) The foregoing is the reason why County staff has found 29 other PUDs in "non-
compliance" with your new interpretation, but which were in "compliance" with the way the
LDC was historically administered. These are:
1. Audubon Country Club
2. Galleria at Pelican Marsh
3. Egrets Walk
4. T roon Lakes
5. Pelican Marsh (Spanish Moss)
6. Tuscany Cove
7. Hawksridge
8. Lago Vallagio
9. Tiburon Blvd. East
10. Naples Heritage
11. Forest Glenu12. Tarpon Bay
13. Castlewood
Susan Istenes, AICP, Directur
Zoning & Land Development Review
April 21, 2008
Page 6
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14. Kensington
15. Grey Oaks
16. Briarwood Unit 7
17. Preserve at Berkshire Lakes 2B
18. Delasol Mediterra
19. Wilshire Lakes Phase Two
20. Carlton Lakes II and III
21. Pelican Strand
22. Tarpon Cove
23. Indigo Lakes
24. Northshore Lake Villas Replat
25. Stonebridge alkJa Southhampton
26. Milano
27. Sterling Oaks
28. Leawood Lakes
29. Horse Creek Estates
(Ex. 13)
According to the Assistant County Attorney, a search must be done of all the plats in each PUD
to determine the full extent of violations. (Ex. 14) Since there are 18 non-compliances in Olde
Cypress alone (Ex. 19), the likelihood is that there are hundreds of similarly situated people. For
example, 18 non-compliances in .30 subdivisions would equal 540 people who need to go
through the "variance procedure."
In addition, the BeC has recognized the Estates District (not a grandfathered PUD) also has
hundreds of violations of your new "interpretation." I understand that a special ordinance is (or
will be) passed to "rectify" this Estate problem. (Ironically, Olde Cypress was technically part of
the Estates District before rezoning to PUD)
(5) It seems that it would be simpler - and more legally correct - for you to recognize
that you have based your interpretation on misinformation supplied by Barbara Burgeson and to
revise your new Official Interpretation before this matter goes farther.
The following historical review of the LDC will help.
HISTORICAL REVIEW OF LDC AMENDMENTS
For ease I ,^~ll refer to the 1991 LDC as it existed in 1999/2000 when the Olde Cypress PUD
was approved and this area was platted. I will refer to the 2004 LDC after it was reformatted in
2004. There are also two amendments to the 1991 LDC which occurred in 200.3 and 2004 before
the reforrnatting, which are addressed separately.
Susan Istenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page 7
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1991 LDC
. The 1991 LDe contained a mandatory retainage or preservation requirement of 25% of
the native vegetation for large tracts and 10% for smaller parcels. These requirements
were found in Division 3.9 Vegetation. Removal, Protection and Preservation. The
words "preserve" and "retain" were used interchangeably throughout the LDC at the time.
This 25% retainage requirement did not necessarily involve environmentally sensitive
lands - it simply was a 25% native vegetation retainage requirement. (Ex. 25)
. There were no requirements in Division 3.9 of the 1991 LDC to locate and delineate
boundaries of the 25% vegetation retain age as a "preserve" on a plat. Nor was a
developer required to dedicate an easement to Collier County. Nor were there
construction setbacks from such retainage areas. (These requirements came years later.)
. The 1991 LDC did, however, contain requirements of where lots could be located on
plats in relation to platted preserves, if they were required. This is found in Division 3.2
Subdivision. (Ex. 24)
. In Division 3.2 Subdivisions, there was a mandate to dedicate preservation or
conservation easements to agencies in accordance with their standards, if required by
those jurisdictional agencies. (Sec. 3.2.8.3.12) (Generally, these type of easements dealt
with sensitive areas such as archaeological sites, wetlands, endangered species habitat,
etc., as opposed to a sLmple native vegetation retainage.) The 1991 LDC has several
provisions indicating deference to state and federal standards pertaining to such
conservation areas.
3.2.8.3.
Required improvements. .. Any improvements
shall be designed and constructed in accordance
with the design requirements and specifications
of the entity having responsibility for approval,
including all federal, state, and local agencies.
3.2.8.34.
Buffer areas. ...
Buffers adjacent to protected/preserve areas shall
conforrn to the requirements established by the
agency requiring such buffer.
Susan lstepes, AlCP, DirecLur
Zoning & Land Development Review
April 21, 2008
Page 8
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3..2.8.3.12.
Parks, protected areas, preservation areas,
conservation areas, recreational areas, and school
sites.
(Ex. 24)
1. Parks, protected areas, preservation areas,
conservation areas. Parks, protected areas,
preservation areas and conservation areas
shall be dedicated and/or conveyed in
accordance with applicable mandatory
dedication requirements and regnlations
of federal, state and local agencies.
. In his investigation, Commissioner Henning sought clarification from the SFWMD about
their requirements for setbacks from jurisdictional wetlands. (Ex. 15) SFWMD
confirmed that they require a 25 foot setback on average. The setback is required by way
of an uplands buffer. The buffer - or SFWMD setback - is included in the conservation
easement. . (Ex. 15) In other words, the conservation tract contains both the wetlands
preserve and the uplands buffer or setback. aIde Cypress meets all SFWMD
buffer/setback requirements. This confirmation was given to Commissioner Henning
(Ex. 15) but it is not part of your Official Interpretation file.
Jurisdictional wetlands have meandering borders, whereas lot lines are generally smooth
or straight. Accordingly, SFWMD standards call for an average upland buffer.
· In Division 2.2 Planned Unit Developments (PUD), the 1991 LDC allowed (but did not
mandate) dedication of public facilities to the County as part of the ?lID process. (Sec.
2.2.20.3.7) (Ex. 23)
"The Board of County Commissioners may [not shall) as a
condition of approval and adoption of the PUD rezoning and in
accordance with the approved master plan of development, require
... other public facilities... be ... dedicated."
Such dedications (if they were required or negotiated) had to be indicated on a plat. In
the case of Olde Cypress, none was required nor negotiated. And there are no such
dedications or easements of a preserve to Collier County on the plat.
· Environmental staff (Barbara Burgeson) would often advocate having such a dedication
as condition of PUD approval. This did not always happen. This accounts for why there
are County dedicated easements in some PUDs and not in others and why there are
negotiated setbacks from the County easements in some PUDs and not others.
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Susan Istenes, AlCP, Director
Zoning & Land Development Review
April 21,2008
Page 9
Delineation of a preserve on the plats and dedication to the County was discretionary -
not mandatory.
. There was a requirement in the 1991 LDC for lots to be located on the plat at a 25 foot
setback from any "protected/preserve" areas. However, this is limited to such areas
which were dedicated to the County and required to be 0/1 the plats. (Sec. 3.2.8.4.7.3)
(Ex. 24) This section also required language be put on the plat reflecting that nothing
could be built in this 25 foot setback area. However, there was also a caveat to this 25
foot setback in the 1991 LDC -
" . . . unless the setbacks are accomplished through buffering
pursuant to Sec. 3.2.8.3.4 [the standards set by the agencies having
jwisdiction over such preserves.)"
This is a default provision to agency buffers which serve as the preserve setback. This
default provision typically applied where there were jurisdictional wetlands.
. In the case of aIde Cypress, the only dedication to the County in the plat was for
drainage easements - not preservation easements. (See Old Cypress Plat and dedication
language, Ex. 31.c) The 25% native vegetation requirement was met by and subsumed
within the large conservation tract required by SFWMD. (See PUD document, Sec. 9.c.,
Ex.. 31.a)
. In the case of Olde Cypress, we do not know how far the lots are set back from the 25%
native vegetation retainage because the smaller required vegetation retention subset was
never delineated by boundary Jines on the plat.
I saw some e-mails in the Grider building file written by Ross Gochenauer asserting that
there are platted conservation easements in the Olde Cypress plat. (Ex. 40.a) ("I
checked the plat and Tract A is identified as a conservation and drainage easement. ") Mr.
Gochenauer also reports that Environmental Staff Susan Mason stated that this requires a
25 foot setback. (Ex. 40.a)
This is incorrect. Tract A is labeled "Conservation Tract" on the plat. However, it is
dedicated only as a "common area" to the homeowner's association in the plat. (Ex. 31.c)
It is not a platted easement dedicated to the County. In accordance with 199 I LDC
mandates, the lots were set back on the plat in accordance with SFWMD permit buffering
requirements. SFWMD has confumed that the conservation tract contains both wetlands
preservation and uplands buffers which act as the setback. (Ex. 15)
. These plats were approved by the Planning Services Director, the County Attorney and
the BCC and they met all LDC requirements at the time. The plan reviewer Ron Nino
confirmed that the County setback requirements for lot locations on the plat were met by
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Susan Istenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page 10
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the SFWMD buffering of 25 feet on average. (Ex. 18) Joseph Schmitt's file on the
Grider matter contains the SFWMD map showing the boundaries of the wetlands
preserve and the upland buffer or setback. Please make the documents a part of the file
and record in this appeal, See also Ex. 31.b.
. The "preserve setback" definition in the 1991 LDC cited in your opinion refers only to
the lot location setbacks on plats - which was the only preserve setback in the 1991 LDC.
The 1991 LDC specifically deferred to SFWMD buffering in Sec. 3.2.8,3.4, as the
setback. Accordingly, at the time of platting aIde Cypress met the LDC requirements for
preserve setbacks - Le. setbacks for lots on plats, not structures.
. In your Official Interpretation, you have incorrectly accepted Barbara Burgeson's position
that the 25 foot construction setback has always been in the LDC since 1991. However,
on pages 3-4 of your Official Interpretation, you cite 1991 platting requirements (Sec.
3.2.8.4.7.3) as requiring a buildable lot to be set back 25 feet from the boundary of "such
protected preserve area( s)." Further, you omit several of the items cited above from the
language you quote.
First, the "protected/preserve" areas are defmed in Sec. 3.2.8.4.7.3 as easements or tracts
dedicated in favor of Collier County and ones which are required to be designated on
the ...final subdivision plat. (Ex. 24) None was required here. In fact, the platted
Conservation Tract is not a "protected/preserve easement dedicated to Collier County."
Thereafter, Sec. 3.2.84.7.3 did not apply.
Second, you correctly cite the LDC language that states "The...fmal subdivision plat
shall require that no alteration...shall be permitted within the required setback area..."
But, you omitted the remainder of the paragraph containing the default language to
agency requirements - "... unless the above setbacks are accomplished through buffering
pursuant to Sec. 3.28.3.4 [buffering required by jurisdictional agencies)." Here, aIde
eypress complied with the required agency's jurisdictional buffering. (SFWMD)
. You are correct that "staff review for preserve setback requirements was being
continuously and consistently conducted at the time of preliminary subdivision plat and
final plat..1eviews for every prqject with designated preserve/conservation areas."
(Memo to Commission March 17, 2008, p. I.) However, after lots were platted, a
preserve setback was no longer necessary to review for issuance of a building permit
construction of a single family house.
If you check with staff and prior planning services directors who handled this, they will confirm
that this is true. Setbacks to preserves were established by lot location on the plats - not
additional construction setbacks - and the County deferred to SFWMD buffering for setbacks
unless otherwise negotiated at the time of PUD approval.
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Susan Istenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page II
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In sum, when Olde Cypress was approved, the 25% native vegetation retention requirement was
met by and subsumed in the larger conservation tract, which SFWMD required as a condition of
its permit. The 25% native vegetation retainage boundaries were not delineated nor dedicated to
the County, nor was there a requirement to do so. SFWMD did not require a conservation
easement to be recorded on the plat. Rather, the area was simply labeled on the plat as a
"Conservation Tract," which was dedicated as a "common area" to the homeowners' association,
subject to limited use in the SFWMD permit. The Conservation Tract contains both the
jurisdictional wetlands and the required upland buffer, both of which SFWMD considers in its
conservation easement. The platted lots complied with the SFWMD permit buffering
requirements. The platted lots were setback 25 foot on average from jurisdictional wetlands by
an upland buffer also contained in the Conservation Tract. This was correctly done in accord
with the then existing LDC requirements and the PUD document. After platting, additional
setbacks from preserves were no longer applicable in the construction review process for a single
family home.
2003/2004 LDC AMENDMENTS
Ordinance No. 03-27
. The fust time that a construction setback from a "Preserve" was implemented was in
Ordinance No. 03-27 (Ex. 26) passed in July 2003 - well after Olde Cypress was platted
into lots. This amendment added subsection 3.9.5.5.6 to Division 3.9 Vegetation,
Removal and Protection Standards. This amendment (subsection 6) did two things to
"elevate" the status of the 25% native vegetation requirement.
I. The LDC now required the 25% native vegetation retainage boundaries to
be delineated on a site plan and labeled "Preserve."
2. The LDC now required a 25 foot construction setback for principal
structures from the boundary of any such preserves.
. Olde Cypress and other approved PUDs were grandfathered. Their construction setbacks
were all specifically delineated in the PUD document and the preserve setbacks had been
established by lot location on the plat in accord with the specific LDC requirements. The
Olde Cypress PUD document (7.05) reads:
A. Table II sets forth the development standards [setbacks and
yard requirements] for land uses within the "Rn Residential
District.
B. Unless otherwise indicated, required yards . . .
standards apply to principal structures.
Susan Istenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page 12
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The pun document mandated preserves to be governed by SFWMD standards, as was
required by 1991 LDC Sec. 3.2.8.4.7.3.
. After 2003, the platting requirement found in Division 3.2, Subdivisions continued in all
versions of the LDC. It was not deleted by this 2003 amendment. Currently, for
preserves there is both a "lot location setback" and a "construction setback" requirement
found in today's LDC. See Sec. 3.05,Q7 and 10.0204 B of the 2004 LDC. (Ex. 29 and
30)
. Ord. 03-21 was adopted at the request of Barbara Burgeson (Environmental Staff) (Ex.
26.b-d). At the time, she represented that the amendment was simply a codification of
common practice and this setback standard was always in the LDC since 1991. She
testified as much before the CCPC, as shown in the minutes. (Ex. 26.b-d) This is the
same representation she makes now to you and which forms the very foundation for yOill'
Official Interpretation,
. Our review also shows that Ms. Bill'geson's testimony was incorrect. The only earlier
requirement was a "lot location setback" on the plat - not an additional "construction
setback" from a conservation tract. Although Ms. Burgeson often lobbied to have County
dedicated preservation easements be a condition of PUD approval and to have them set
back by 25 feet, it was not always included. The pre-2003 code was clear that such
County easements were discretionary and lot location setbacks defaulted to SFWMD
buffering,
. This 2003 amendment also contained language which "exempts" development for site
improvements which had been in the application process prior to June 2003. (Ex. 26.a)
This was added during the review process because developers objected and noted that
these were new requirements. That exemption makes it clear that this construction
setback was not in the LDC prior to the adoption of this amendment.
. We believe that Ms. Burgeson misled the Commissioners in 2003 by her testimony that
this construction setback has always been in the LDC, just as you are now being misled.
We also believe that Commissioner Henning was misled by this during the Independent
Investigation hearings on aide Cypress. Ms. Burgeson's misstatements are a substantial
cause of the problems that now exist - especially in the Estate District where there are
many lots abutting preserves, which are not part of grandfathered POOs.
. We understand that Ms. Burgeson's advocacy and elevating her earlier lobbying efforts is
a common practice. She often transposes her lobbying efforts into "policies" and
"common practice." She later advocates that the LDC or OMP be amended to conforrn to
the same. This approach is simply historical revisionism.
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Susan Istenes, AICP, DireClllr
Zoning & Land Development Review
April 21, 2008
Page 13
Ordinance No. 04-08
. If there was any confusion as to whether the new construction setbacks applied to single
family residences on lots which were already setback or buffered in the platting stage,
this confusion was clarified a few months later, when Division 3.9 was again amended by
Ordinance No. 04-08 in February 2004. (Ex. 27)
. Ordinance No. 04-08 totally revamped LDC Div. 3.9, Vegetation Protection,
Preservation and Removal. Ordinance No. 04-08 contains many other requirements
further elevating the status of preserves. For the first time, the native vegetation retention
(now required to be labeled "Preserve") was also required to be dedicated as an easement
to the County on plats. See Sec. 3.9.7 D (Ex. 27.a) This is the first time that the LDC
mandates eounty dedicated easements on the plats, contrary to what you and Joseph
Schmitt were told.
. There also were other detailed requirements similar to SFWMD requirements injected in
Ordinance No. 04-08 - such as preservation management plans, recreated preserves,
buffering, wetlands regulations, etc. (Ex. 27) Those were of great concern at the time.
. It was absolutely clear in the discussions before CCPC and the BCC concerning
Ordinance No. 04-08 that this newly written Div. 3.9 was not to apply to existing
developments or single family lots. In Ordinance No. 04-08, two exceptions for single
family lots were inserted. See Secs. 3.9.4.1. B a and 3.9.7.4 A. It is true that much of the
discussion dealt with the new 2004 requirements, but the language on the single family
lot exemptions are clear and unambiguous. There is nothing to indicate an "intent" to
exclude setbacks from the exemption. Indeed, single family lots in the review process
had been exempted in the first amendment to Ordinance No. 03-27.
. At the hearing before the BCC, special counsel Marti Chumbler told the BCC that single
family residences were exempt, in response to a question from Commissioner Henning.
(Ex. 27.i):
MS. CHUMBLER: Single family again are exempt.
COMMISSIONER HENNING:
How about estate lots?
MS. CHUMBLER: All single-family lots are exempt
throughout.
Susan lstenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page 14
. The language adopted in Ordinance No. 04-41 reads:
3.9 .4 Vegetation Preservation Standards. All development llOt
specifical(v exempted by this ordinance shall incorporate, at a
minimum, the preservation standards contained within this section.
A.
B. . . . Sillgle family residellces are exempt from the
requiremellts of Sec. 3.9.7.
3.9.7 Preserve Standards
H. Preserve standards.
3. Required setbacks to preserves.
a. All principal structures shall have a
minimum 25.foot setback from the
boundary of any preserve, accessory
structures and all other site alterations shall
have a minimum 10-foot setback from the
boundary of any preserve. There shall be nD
site alterations within the first 10 feet
adjacent to any preserve unless it can be
demonstrated that it will not adversely
impact the integrity of that preserve. (i.e.
Fill may be approved to be placed within 10
feet of the upland preserve but may not be
approved to be placed within 10 feet of a
wetland preserve, unless it can be
demonstrated that it will not negatively
impact that wetland.
b. Additional preserve buffers shall be
applied to wetlands pursuant to section
3.05.07 F.3.f.
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Zoning & Land Development Review
April 21, 2008
Page 15
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4. Exemptions.
a. Single family residences are subject
on(v to tire applicable vegetation retention
standardsfoll1ld ill 3.05.07.
b. Applications for development orders
authorizing site improvements, such as an
SDP or FSP and, on a case by case basis, a
PSP, that are submitted and deemed
sufficient prior to June 19, 2003 are not
required to comply ~th the provisions of
this sectiDn 3.05.07 H., which were adopted
on or after June 19,2003.
* . .
1.08.02 Definitions.
Development order: Any order, permit, determination, or action
granting, denying, or granting with conditions an application for
any final local development order, building permit, temporary use
permit, temporary construction and development permit, sign
permit, well permit, spot survey, electrical permit, plumbing
permit, occupational license, boat dock permit, HV AC permit,
septic tank permit, right-of-way permit, blasting permit, excavation
permit, construction approval for infrastructure (including water,
sewer, grading and paving), approved development of regional
impact (DRl), zoning ordinance amendment, comprehensive plan
amendment, flood variance, coastal construction control line
variance, vegetation removal permits, agricultural clearing permits,
site development plan approval, subdivision approval (including
plats, plans, variances, and amendments), rezoning, PUD
amendment, conditional use (provisional use), variance, or any
other official action of Collier County having the effect of
permitting development as defined in this Code.
. This language is now recodified in Division 3.05. But the standards are identical. There
is nothing ambiguous or unclear about the exemption.
. I have found where both the County Attorney and Planning Commission Chair agree that
the single family lot exemption applies to Olde Cypress. As was noted by County
Susan Istenes, AlCP, DirectOr
Zoning & Land Development Review
April 21, 2008
Page 16
i" . \GENDA ~TEM
'1'.F'1~~008 .
i'JJcc,;oofffir!J ~!J
Attorney Klatzkow in his e-mail to Commissioner Henning's assistant dated December
12,2007 (Ex. 17):
Met with Mark Strain this morning and agree with him with
respect to exemption 4b, which everyone has previously
overlooked. Exemption was apparently in response to Developer
concerns with respect to projects already in the pipeline. OIde
Cypress Plats were recorded in 1999.
In County Attorney Klatzkow's earlier memo to Commissioner Henning on the Grider lot
issue (Ex. 14), he states:
Subsection 3.05.07.A.2. [prior 3.9.4.B] specifically states: 'Single
family residences are exempt from the requirements of Section
3.05.07.H. [prior 3.9.7.H]' (Emphasis added). Additionally,
Subsection 3.05.07HA.a. provides: 'Single family residences are
subject only to the applicable vegetation retention standards found
in 3.05.07. [prior 3.9.7]' Based 011 these express exel1lptiollS, it is
our opillioll that the preserve setback requiremellts of Sectioll
3.05.07.H. [prior 3.9.7.H] do 1I0t apply ill this case. (emphasis
added).
. In sum, the prior planning services directors and managers, the senior planner who
reviewed Olde Cypress PUD, the Planning Commission Chair and the County Attorney,
all disagree with your new "interpretation." More specifically, they all disagree with
Barbara Burgeson's opinion of how these regulations were to be applied.
. The rationale for excluding single family residences from the new preserve requirements
- including additional construction setbacks - is clear. Setbacks were already considered
in lot location on the plat. To require yet another preserve setback for construction on the
lot was simply "double-dipping" and totally unnecessary2 A new setback of this nature
would have extraordinary consequences in terms of impact to property owners for loss of
usable land and impacts to the County in terms of liability for taking usable land.
2 I also read a contention that the purpose for setbacks is to act as a "fITe block." To the contrary,
I can fmd nothing in the legislative history to support this theory. The Collier County preserve
setback ordinance is copied from or modeled after the state and federal buffering requirements.
It was proposed by environmentalists and is designed to buffer preserves. SFWMD buffering
can be accomplished via either the 25 foot setback, or by benning or retaining walls, if
necessary. It was more designed to prevent pollutant water discharge into the wetlands - not to
stop forest fires or protect single family homes. (Ex. 15)
Susan lstenes, AlCP, DireclUr
Zoning & Land Development Review
April 21, 2008
Page 17
\GE~IO ^' iTE'~1
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~[:"c ') 9 200B I
~31ff&11. " J
. Note also that the language of Sec. 3.2.4.8.7.3 (platting requirements relating to
preserves) (now codified as 10.02.4. B) was changed since the 1991 LDC. (Ex. 30). The
language allowing default to agency buffering was eliminated. A requirement was added
that these setbacks are in addition to buffering was inserted. This elevated the "Preserve
Easements" to even higher status, now mandating a 25 foot setback for lots and
construction, in oddition to any agency buffering.
This LDC section is now located in LDC Sec. 10.02.04 B.I and reads:
"Additional regulations [on top of the 25 foot platting setback] regarding
preserve setbacks and buffers are located in Chapters 4 and 10, and shall
be applicable for all preserves, regardless if they are platted or simply
identified by recorded conservation easement."
(Ex. 30) I am unable to find what ordinance effected this change.
. Please also note Susan Mason's e-mail (8/16/07) which was forwarded to Commissioner
Henning, where she quotes this new provision - requiring the 25 foot setback in addition
to the jurisdictional agency buffering - in support of Barbara Burgeson's position. She
neglects to mention that this additional buffering was well after the aide Cypress PUD.
aIde Cypress was grandfathered under the older standards where the agency
jurisdictional buffering prevailed. (Ex. 20)
. I have questions about how the 10.02.04 B.I revision (eliminating default to agency
buffering and requiring 25 feet in addition to agency buffering) came to be. I reviewed
the draft of Ordinance No. 04-08 given to the BCC at the [mal reading on February II,
2004. (Ex. 27.j-k) I did not see the change in there. Yet, the index in the hard copy of
the LDC notes that it was changed by Ordinance No. 04-08. (Ex. 28) The change does
appear when the entire LDC was reformatted by Ordinance No. 04-41 (UDC). However,
I do not find any place where Ms. Burgeson advised the CCPC or the BCC about the
change eliminating deferral to SFWMD on this issue of allowing buffering to satisfy
County preserve setbacks. Could you please review this mth Ms. Burgeson to see
whetller, in fact, this dramatic change was ever presented to or voted on by the BCC?
Was this simply put into reformatted Ordinance No. 04-041 (UDC) without telling any
one? I have not had the result of my public document request on this issue answered.
If what appears to have happened, the rule of "unintended consequences" may apply.
. You are also confused when you state that in 1999/2000 the aide Cypress PUD
document should have expressly modified the LDC "preserve setback" requirements.
Because this conslruction setback had not yet been adopted when the Olde Cypress PUD
was approved, the PUD document could not have expressly modified it. The aIde
Cypress PUD document contains a table of construction setback standards. This table
\GENI):\ !TEi,l
'1PI~~
',' ,:'. 20018
,""~ ,,1 0
JR~~fJ 1J
Susan lstenes, AICP, Direclur
Zoning & Land Development Review
April 21, 2008
Page 18
._:.P'."
expressly modifies all construction setbacks then applicable in 1999/2000 and expressly
states that the table controls all principal structure location. As to the lot location
setbacks on plats, the aIde Cypress POD expressly defers to the SFWMD permits -
which is what the 1991 LDC mandated should occur when there were such buffering
requirements from other agencies.
· You are correct that from the 2004 amendment (passed 2/11/04) and forward, preserves
are now always platted and dedicated easements to the County with absolute 25 foot
setbacks. This, however, does not apply to grandfathered PUDs or single family lots.
2004 LDC REORGANIZATION
The County totally reorganized the entire LDC later in 2004 by Ordinance No. 04-41 (UDC).
The most recent vegetation preservation Ordinance No. 04-08 was carried forward into Sec.
3.05.00, as written.
CONCLUSION
I understand that Barbara Burgeson takes a more aggressive approach and advocates that the 25
foot construction setback (in addition to agency buffering) has been around since 1991. Not
true. This is Ms. Burgeson's personal historical revision. It is Ms. Burgeson's aggressive
advocacy which has created this problem and appears to be the source of your confusion.
An objective review of the 1991 LDC evolution and amendments in 2003/04 reveals why your
predecessors in office, the CCPC Chair, and the County Attorney all construe the LDC quite
differently than you. Prior to 2003, the only setbacks to preserves in the LDC related to the
location of lots on the plat and the LDC deferred to agency buffering to satisfy the preserve
setback In 2003/04, the LDC was amended to elevate native vegetation retention status. The
boundaries had to be delineated, labeled "Preserve" on the plat, and dedicated to the County by
easement. The LDC was also amended to require 25 foot construction setbacks to such Preserve
Easements, notwithstanding buffering otherwise required by other agencies. But when these
amendments were initiated, aIde Cypress was grandfathered and single family residences were
expressly exempted. This explains why there are hundreds of cases which have been approved
contrary to your new interpretation. The Grider approval was not a mistake but was consistent
with the way the County has always administered the LDC and consistent with all of the Olde
Cypress approvals for everyone else. The Griders received assurances of the setbacks before
their purchase, obtained building perrnits, passed all inspections, and spent well over a million
dollars building their home.
Your new interpretation applies new standards adopted in 2004 to old grandfathered PODs -
which used the SFWMD buffer as the preserve setback, as the LDC required. Your new
interpretation affects hundreds of residents in addition to the Griders. It has caused a huge
Susan Istenes, AI CP, Director
Zoning & Land Development Review
Apri121,2008
Page 19
\G[=Mr) ^ iTE~1
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problem and will create legal liability for Collier County. It would be wise - and the correct
legal thing - to reconsider your opinion.
In sum, the new construction setback provisions ill Sec. .3.05.07 H of the LDC adopted in
2003/04 do not apply to aIde Cypress because:
(1) aIde Cypress does not have a Count-j-dedicated Preserve Easement on its plat.
The lot setbacks were controlled by the SFWMD permits via uplands buffering, as called for in
the 1991 LDC. The construction setbacks (yard requirements) are controlled by the PUD
document.
(2)
to preserves.
did not exist.
At the time of the aIde Cypress PUD, there were no LDC construction setbacks
Therefore, the PUD document could not have exempted such requirements. They
(3) Not only is OJde Cypress a grandfathered PUD, but Sec. 3.05.07 exempts all
platted single family residences from all requirements of Sec. 3.05.07 H, now calling for
constructi on setbacks.
PRESENTATION OF EVIDENCE
If you do not reconsider and revise your opinion, then we want a full public hearing before the
BCC.
The County has not given us an opportunity to present evidence. We wish to present live
testimony at the appeal hearing, and we want to subpoena prior staff mernbers and others who
have knowledge about the permitting process and evolution of the LDC We wish to present
testimony of the planners and professionals involved in the PUD and platting process for Olde
Cypress. For scheduling purposes, I anticipate it will take two days for us to present our case.
Please advise as to how we can have subpoenas issued.
S incerel y,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
BJA&~
Margare/JL. Cooper
MLC:smm
Enclosures
Susan lstenes, AICP, Directl"
Zoning & Land Development Review
April 21 , 2008
Page 20
\GENDA ITEM
.. -11?-~
F:1 il 2000
..J' (Q 1 019 <JJL
cc: Joseph K Schmitt (w/encls. except Appendix - via e-mail and U.S. Mail)
Jeffrey A. K1atzkow, Esq., Chief Assistant County Attorney (w/encls. except Appendix..
via e-mail and U.S. Mail)
Craig D. Grider and Amber C. Grider (w/encls. except Appendix - via e-mail and U.S.
Mail)
P:\DOCS\25190\OOOOIILffi\134g143 DOC
iSlenes amended appeal official interpretation
\GE~ID~ )TE~1
-- ?fir -
~'.-':~ ,,0 2008
:,,~ ,~' ',' ,)
-- f,/3.~
INDEX TO APPENDIX TO GRIDER APPEAI:;- ..
OFFICIAL INTERPRETATION NO. 2008-AR-12880
VOLUME I
(procedural History)
Tab Document
Date
I. BCC Minutes, re: Farese Report
1/15-1/16/08
12/7/07
2. Farese Report
.3. Omitted
4. Omitted
5.
Request for Official Interpretation
1/22/08
6. Grider objections to Official Interpretation Proceeding
and County Attorney response
7. Grider response to request for Official Interpretation
(a)
Cooper letter to Istenes
2/29/08
(b)
Cooper supplement letter to Istenes
3/20/08
3/17/08
3/17/08
4/15/08
8. Officiallnterpretation
9. Supplemental Memorandum to Official Interpretation
10. Notice of Appeal
VOLUME II
(Commission and Staff Involvement)
Tab Document
1 I. Tor Kolflat letter, re: meetings with staff
12. BCC Calendars - meetings with Kolflat and Kolflat
attorney
13.
Houldsworth memo, re: 29 other PUD "violations"
14
County Attorney memo, re: (a) no memos or training on
Istenes new interpretation, (b) no other lots turned down in
aIde Cypress for violations
15.
Herbst e-mail to Henning, re: SFWMD buffering
16.
County Attorney Memo to Henning, re: response to Olde
Cypress Request
17.
County Attorney e-mails to Henning re: Mark Strain's
interpretation
18.
Ron Nino e-mail confirming standards
19. Miscellaneous e-mails.re: variances required for aIde
Cypress
20. Henning e-mails on Grider lot and Henning e-mails on
Grider lot from home
21. Omitted
22. Clay Brooker e-mail.re: legislative history
1 ,\GENDA IT'E
I'
I .. '.'-{F"
~FP Jg 2000
L~Q:< ~ctfr~
Date
119/07
112/08
4/14/08
11126/07
12/18/07
12/21/07
2/28/07
'.GE~\'l' \Tt:~l
/t-
;:' 1~) 2008
J"S ~
VOLUME ill
(Legislative History)
Tab Document
Date
23. LDC Art. 2 (1991) Zoning, Sec. 2.2.20 (PUD)
24. LDC Div. 3.2 (1991) Subdivisions
25. LDC Div. 3.9 (1991) Sec. 3.9.5 Preservation Standards
26. (a) Ordinance No. 03-27 (Vegetation Removal,
Protection and Preservation)
(b) Ordioance No. 03-27 Legislative Summary Sheet
(EAC, CCPC, BCC)
(c) Ordinance No. 03-27 Barbara Burgess Report
(d) Ordinance 03-27 cepc Minutes 4/9/03 and 5/14/03
(e) Ordinance No. 03-27 BCC Agenda and Executive 6/16/03
Summary
27. (a) Ordinance No. 04-08 (Vegetation Removal,
Protection and Preservation) (Staff Copy)
(b) OrduJance No. 04-08 (Official Copy)
(c) Legislative Summary Sheet (EAC, CCPC, BCC)
(d) cepe Minutes (missing)
(e) Executive Summary 2/14/04
(I) Authors and Index to LDC sections covered
(g) BCC Executive Summary
(h) BCC Agenda 2/11/04
(i) Transcript
CD Table of Contents
Tab Document
(Ie) Tab L (Vegetation Removal)
28. LDC Amendment - History from hard copy ofLDC
29. Ordinance No. 04-41 (LDC 3.05.07)
30. LDC Chapter 10 (2004) (10.02,04 B Final Plat
Requirements - Protected Areas/Preserves)
'\GENDA ITE~i
,c7A
~Er <1 9 2000
c'~;!fie46 'D.1
VOLUME IV
(OIde Cypress History)
Tab Document
31.
(a)
aIde Cypress PUD
(b) SFWMD Jurisdictional Map - Uplands Buffer,
Wetlands
(c) Plats of 01de Cypress
GEM1~i:~~: l
~W4;:J-LJ
Date
VOLUME V
\GENDA /TEfl,j
I.;~;m 200n'
I . 'g., .~1J..~.~ 9.?l
(Grider House - Permitting History)
Tab Document
Date
32. Permit Application
33. Permit Tracking
34. Square footage comparison
3 5. Staff assurances, re: setbacks
36. Staffreview and approvals, re: setbacks
37. E-mails.re: other treatment in aide Cypress
38. Temporary Certificate of Occupancy
39. Notice of Violation and Responses
40.
(a)
Gochenauer e-mails.re: Susan Mason position
(b) Angel Tarpley reply
P:IDOCSIZ5I 901000011DOC\1342123 DOC
appendix re nppeal
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Naples Daily News
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Cal1cer takesi'a::b:ackisE!at':fo~',survivors and
otli'ers',WHdj::winJt~k~!;;;:(~ftLF:ftti~ '" In' t'he
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By LIZ FREEMAN (Con.tacj:):. ",:::,' '" ':: "" :,1 " ',',: "
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7:51 p.m., Wednesday; Apr1f i5; :W08 " ',' ';, "
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DAVID ALBE~S ; Daily N~1S ." " 1
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Amber Grider, 3'1, ~i1s is:ye~rs;bid in' 20Q4:wheri dDctDrs diagnosed her brain
.' ': >,:" .' :',::~':_:-..':'!'~""'::',"';':":-, I.' L .. '1.;",,' ;,"','" .,'.~,', ~~,,'"
tumor. After surgl'il)' a!1d,cl1!imoth~r13PY; ~h~i,~,~~cl< t,eac:hing at the Village
. .,..' ".". ":",' - ~f,. ,>_ ..,I ',.; '-" I. ", .,. ." ._,. ., '~' :,..;! .' '. " " '.'
SChDDI. GrIder wllIl,ead her tea~r: ":~rI)l;>er's ~,ntl,blJdle~,:' fDr, the Gulf view Relay
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fDr Life starting Frigayat 6, p~fn,':at GyljYieW Middle'SchDol and is cD-chair Df the
. ..' '" ".' ':',', ':'~":' '.' ' ' : ':',: ' ", i':!p; 'It. : I '.!' ;-,: . -.. '-' , 'j",' ,; 'I' ''-
Naples relay this year iil Naples. ',' .. I ,: . ",
Amber Grider~oo~6n a bralnt:urTi~r01~/:1 ~~ti~Jd~i,\
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When the 2~'y'ear-6Id sC,hRPI J~~phe.rW~~,tpi,d CHl~ ~~,~, gr"Owlng in~ide he\ brain, she,
researched her optJons, and was,hi3Vlng s;urg~!y' '! rnc;inthipt~r at ~.D. Anderson Cancer
. "', "',11_,,'1' ".' -."d'" I., . "c" . '<I" I, ':'-'.',"",_. '
Center In Houston:', ' ': '; ". "::." " " '
(\GENDA ITEI'"
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Six weeks after s~r~ery'~~~i:1~,~"r,?~KLln,:~~ec:I~:~?r,~(JfT\ t7ac~l~g at The Vill~ge School of
Naples, operater:j by Nor,:h, ~,aples:U~it~~: ~j~~?r:li:st <::r4!'ch. Today, four years later, she
and her /:1usbahr:l,cr~ig,i)re: enj(Jyrngtl:te;!rrll;'i;tql:1lldr,El:tnomH~Old Deyon. She:'s taking a
break from tea~hihg t6b'e!~t 'hilrii'e'wrth! !i6i:1scih::'::'>::: ," "
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"I workeo hard at r,;(:'oyery/~Gridej-,s;3ld,Ofih~i"c;aricef..';'It 1$ not the end. Cancer Is no
ionger a death sehi:e6~e.'it is'd1d~ t;;~tl);i~:to~:iVe:up.'it\ time t~ put on a good attitude
and fi9ht'''';:::'i":,'i,i':'':::i':~C!',,,,!,'i:l:n'i';!''!"!:';;:', ,',', ".. " .
Grider, now 31, 1,5 cq~c~airW~r?m~n.6(thl.~Yea~'s;RefaY'forLlfe Qf NapleS,' w~lch begins at 6
p.m. Friday at GLrlfvieW Mlddi~:'s'~h8'6i;;'2.5:S"Slxth'St:.'s.iTM 6v~riljghtfuf'idralser for the
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An'H;rican Cancer ;;ocietY fe&tut~s,IDi;s':pf'ehteMif.irijei:)ti::,can~er survivo~s doing the
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openJ~g lapa,rqund .~~~~,~~?~!X~l;K~~d,~n~ II~NI,ng:::?,r,!urT.lln,ar:es at 9 p. m. In honor of
survivors and those Whose lives, have been lost. , .:,', : '.',', ,
. '1: - , "
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The goal with this year\ 12th' an~LJillfelay even~.Is'tq raise $720,000 with 100 teams
. ' I ' , " . -':' I ' ," ,; -' I, ' ".~, ,I"". j ;! , 1 '., -' ':' 1 .. ":' 1", ,;, " ~. ,,' ,"
partlclpating, saio. Ann Gardner,\V!th~he FO!,li7r;~hap~1r oft~e:c~ncer so~lety. This year's
theme Is "Reia):' Around ~h~ WorJd,'1~r?t~~itls v,yil,! d~ctitate ~hejr "campsites" around
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International concepts. . '>., ", . . ',:: ' .,: ,,:. '" '.: ,
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Several thousand peo~ie tuth~~Gt for ~~~vent a~ te~rTi"members, ca)1cE!r survivors and
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supporters. last year, there were 82 teams arid the Naples'i"elay raised $703,000,
Gardnersald. " ,.,.., :i~, :,'.::,;';':?,'i::r;:':j;:;":tr:~:,::1':/",':~'i!.1 ':;'.'::': , .
Grider will wear her purple T"shirt ,as a, canter; 'Su.r\livDr, She also has a team, "Amber's
" . ..',!. ., ',";: :',.!.:; ""r.i.-.j,':I,,!;' "'!:_"'_ ' '-: 1::"",'_', " : ,.'
Antibodies," of friends and family who will 'raise ,money foj-th!! annual event.
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She has had a clean ,bill r;>fiiealth'$in<;:e ,h~r ~Lirgery p~t !)eeqs tp get MRI's every six
mOnths. '" : ,.1 -' '
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oncologist at M.D; .Ar\dersof1 '!'laid it wil.lqome back! sci t)1at's why the MRI's every six
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JONES
FOSTER
JOHNSTON
& STUBBS, FA.
Attorneys and Counselors
Flagler Center Tnwer. Sui Ie 1100
:'iUS Soull1 Hlglcl Drive
West Pajm Beach. Florid;l :'1-1-01
Telephone (5ell) 659':WO()
GE~m::r- .~
::p 0 9 2rr
Mailing J\ddnl\\__=-1 ~-;..L.>_C~
Pl)SI Ollirc B()x :1-1~--~-
Wes! Pi!\m BCilch. J~l()l'iJa :n..Hl2-l.\-75
Margaret L. Cooper, Esquire
Direct Dial: 561-650-0464
Direct Fax: 561-650-0422
E~Mail: mcooper@jones-foster_com
May I, 2008
Via E-Mail,Facsimile and U.S. Mail
Susan M. Istenes, AICP, Director
Zoning & Land Development Review
Collier County Government
2800 North Horseshoe Drive
Naples, FL 34104
RE: Grider Residence - Olde Cypress
Appeal to Official Interpretation No. 2008-AR-12880
Our File No. 25190-1
Dear Ms. lstenes:
This letter is to supplement my prior letter to you concerning the above appeal.
I have now received inforn1ation per our public document request as to when the 1991 LDC Sec.
.3.2.8.4.7(3) was amended. Copies of the LDC amendment and Staff's Executive Summary are
enclosed, LDC Sec, .3.2.8.4. 7(3) deals with setbacks to preserves. It codified the County's policy to
defer to agency buffering as the preserve setback for lot location on the plats. I found that
Ordinance No 04-08 did in fact amend this section by removing the required deference to agency
buffering and making the 25 foot County setback an addition to agency buffering. This amendment
was voted on at the BCC hearing of 1/29/04 and became effective 2/11/04,
Staff's Executive Summary for this amendment described this change as follows:
Change: Adding language to reflect the preliminary subdivision plat (PSP) process
will hereafter be optional.
Reason: This change is being effectuated to allow the developer flexibility and to
save time and efforts currently expended by Staff.
Fiscal Impact: None noted.
I have the following comments as to this.
(I) The Executive Summary was misleading by omission. Granted, there was a change
III Sec. 32.8.4.7(3) which also coordinated with the modification to Division .3.2 dealing with
www jone.s-foster,colII
.........._~.,--.
Susan Istenes, AICP, Director
Zoning & Land Development Review
May I, 2008
Page 2
~ \GENDA !TEM
--iPr
! 2008
.].-2% ~ crt)
preliminary subdivision plan review, which is now optional. But, there was nothing in the
Executive Summary which reflected the significant change to eliminate the deference to the agency
buffering requirements for preserve setbacks. This was the primmy modification to Sec.
3.2.8.4.7(3). The optional nature of the preliminary subdivision plan review is dealt with elsewhere
in Div. 3.2. The designation in the Executive Summary relating to the specific Section 3.2.8.4.7(3)
was in innocuous terms involving preliminary plat review, which gave no indication of the
significance of removal of the buffering language.
(2) The Executive Summary also reflects there would be no fiscal and operational
impacts. If this change was intended to apply retroactively to grand fathered PUDs and plats, it
would have had a tremendous impact The way that the preserves in wetland areas were historically
platted was to draw the lot line adjacent to the "conservation area." The "conservation area"
included both the wetlands preserve and the buffering (setbacks). After initial platting, preserve
setbacks were no longer a consideration.
Because the Grider line has a side yard abutting the conservation tract, if the LDC amendment was
intended to apply retroactively to Olde Cypress, the setback would increase from 5 feet to 25 feet.
In other areas in Olde Cypress, the back yard setback would increase from 20 feet to 25 feet. If this
change applies to previously grandfathered platted subdivisions, such as aide Cypress, the impact is
tremendous - 5 to 15 feet of buildable land being taken. As you know, there are hundreds of cases
involved outside Olde Cypress. If the amendment applies retroactively to grandfathered PUDs and
plats, this would have tremendous fiscal impact in temlS of liability to the County for taking
property by way of regulatory practices.
The Executive Summary advised that there was no fiscal impact. This is additional evidence that
these changes were not intended to apply to already platted lots in grand fathered PUDs.
Please add the enclosed to our Exhibit Notebook as Exhibit 27(1) ORD 04-08 Revisions to LDC
Sec. 3.2.8.4.,7(3) Preserve Setbacks - Platting.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
By ~~r
Margare . Cooper
MLC:srrun
Enclosures
cc: Joseph K. Schmitt (w/encls. via e-mail and U.S. Mail)
Jeffrey A. Klatzkow, Esq., Chief Asst. County Attorney (w/encls. via e-mail and U.S. Mail)
Craig D. Grider and Amber C. Grider (w/enc1s. via e-mail and U.S. Mail)
P:\DOCS\25190\OOOOl \l TR\1356423 DOC/islcncs rc supplement to Ilpp~l
GEM~' iTEM
ilt-- .
H' 2008
_ ~i~ 9/)~.
ORIGIN:
Community Development and Environmental Services Division
AUTHOR: Russell Webb
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: Cycle 3, 2003
LDC PAGE:
LDC3:44.2-45
LDC SECTION:
3.2.8.4.7.
LDC SUPPLEMENT #:
Supplement 13 and 14
CHANGE:
Adding language to reflect that the preliminary subdivision plat (PSP)
process will hereafter be optional.
REASON:
This change is being effectuated to allow the developer flexibility and to
save time and effort currently expended by staff.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS: 3.2.7.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES: None.
Amend the LDC as follows:
3.2.8.4.7. Easements.
1. Utility easements. Utility easements no less than ten feet wide, unless otherwise
approved by the development services director pursuant to section 3,2.7.2, shall
be provided to accommodate all required utilities to, across, or along lots and,
where possible, shall be centered on lot lines with convenient access for
maintenance. Utility easements and drainage easements shall not be combined
without prior approval of the development services director; drainage easements
shall take precedence and be so noted on the final subdivision plat.
All utility easements for water and sewer facilities that will be conveyed to the
Collier County Water-Sewer District shall be separately identified and dedicated
on the final subdivision plat as "County Utility Easement" (C.U.E.) A ITEM
a minimum of 15 feet wide unless otherwise approved by the Coli er CNwnty
~ -
(9 JAN 29 2uu,
Pg. ( c:. 9
,'\' "-I:~\~EN~;;Ef"i
iSEF i) 9 2008
" e'g. - -Ztf4J <ill
utility division. Except when crossing other easements, such easements shall not
be inconsistent with other existing utility easements, or later subjected to uses
inconsistent with the use of the easement area for utility purposes unless
otherMse approved by the Collier County utility division pursuant to the
conditions in section 3.2.7.2.
2. Drainage easements. Drainage easements shall be provided to accommodate
open drainage facilities at a width no less than a total of ten feet. The actual size
of the easement in excess of the ten-foot minimum shall be determined based on
the hydraulic design of the flowway and the use of bank stabilization approved
by the development services director or minimum side slopes at a four to one
ratio, without stabilization,
Where underground drainage structures are installed, the easement width shall
be sized to accommodate construction, maintenance and replacement of said
structures. In no case shall said easement be less than 15 feet in width, unless
otherMse approved by the development services director pursuant to section
3.2.7.2,
When a subdivision or development includes or requires access across canals,
watercourses, water bodies, streams, drainageways, channels, naturally
occurring wetlands (that are to be preserved), or the like, a drainage easement
and adjoining maintenance/access easement shall be provided which conforms
substantially to the lines of such watercourses unless otherwise approved by the
development services director pursuant to section 3.2.7.2. Maintenance and
access easements for the subdivision's or development's approved water
management system shall be created and sized in compliance with the rules and
regulations of the South Florida Water Management District, as amended. For
canals or waterways maintenancelaccess easement shall be provided in
accordance with requirements of the entity with responsibility for
maintenance/access.
Drainage easements shall be created to provide for the flow of surface waters
from contributory areas.
3. Protected/preserve area and el11iements. A nonexclusive easement or tract in
favor of Collier County, without any maintenance obligation, shall be provided
for all "protected/preserve" areas required to be designated on the preliminary
and final subdivision plats or onlv on the final subdivision plat if the applicant
chooses pot to submit the optional preliminary subdivision plat. Any buildable
lot or parcel subject to or abutting a protected/preserve area required to be
designated on the preliminary and final subdivision plats, or onlv on the final
subdivision plat if the applicant chooses not to submit the optional preliminary
subdivision plat. shall have a minimum 25-foot setback from the boundary of
such protected/preserve area in which no principle structure may be constructed.
Further, the preliminary and final subdivision plats or onion e A ITEM .
(3)
No.
JAN 2 9 2004
PL / 7 t)
()EMO^ ITE~1
. 1/t---
,;: 2008
7. ~ 8'0
subdivision lat if the a licant chooses not to submit the 0 tio
subdivision plat, shall require that no alteration, including accessory structures,
fill placement, grading, plant alteration or removal, or similar activity shall be
permitted within such setback area without the prior written consent of the
development services director; provided, in no event shall these activities be
permitted in such setback area within ten feet of the protected/preserve area
boundary, , wHess IRe alleve set.aaeks are eeeelRjlli&hea thraugh buffjjRHg
jllXSUW ta sseaea 3.2.8.3.4. Additional reguJations regarding mesme
setbacks and buffers are located in Division 3.9. and shall be applicable for all
preserves. regardless if thev are platted or simply identified .bv recorded
conservation easement.
The boundaries of all required easements shall be dimensioned on the final
subdivision plat. Required protected/preserve areas shall be identified as
separate tracts or easements having access to them from a platted right-of-way.
No individual residential or cornmerciallot or parcel lines may project into them
when platted as a tract. If the protected/preserve area is determined to be
jurisdictional in nature, verification must be provided which documents the
approval of the boundary limits from the appropriate local, state or federal
agencies having jurisdiction and when applicable pursuant to the requirements
and provisions ofthe growth management plan. All required easements or tracts
for protected/preserve areas shall be dedicated and also establish the permitted
uses for said easement(s) and/or tracts on the final subdivision plat to Collier
County without the responsibility for maintenance and/or to a property owners'
association or similar entity with maintenance responsibilities. An applicant
who wishes to set aside, dedicate or grant additional protected preserve areas not
otherwise required to be designated on the preliminary subdivision plat and final
subdivision plats. or only on the final subdivision plat if the applicant chooses
not to submit the optional preliminary subdivision plat, may do so by grant or
dedication without being bound by the provisions of this section.
4. Improvement plans. The improvement plans for required improvements which
will be constructed within an existing easement must illustrate the existing
easement and existing facilities, and the proposed easement and the proposed
facilities. Copies of the improvement plans shall be provided by the applicant to
the holder ofthe easement(s) simultaneously with its submission to the county,.
The review and approval of improvement plans does not authorize the
construction of required improvements which are inconsistent with existing
easement( s) of record.
(ijj)
AGaD"'1TEM
No.
JAN 2 9 '
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9~Fim diftlHet
Tnmsnortation
responsibility shall bo IlpproVed by full de alB~lRllBt
Adminismtor or b~ &:simce.
Proposed ttreet5 which arC in alignment witb other existing and. Damed strccb shill bear the same
name of tho existing street- All strcct ftllmes shall have a suffix (i.e., 5ln:~ Ilvr::nuc:, boulcVD1d,.
drive. pllLCC, court. etc.) IlIld In 110 QSC, Cl1.ccpt 8!: indicmd ~ the pn::ccd~g .ICDLcDcc, shllll the
name of the proposed _ duplicale or be pbODeticolly .lmilar 10 [an} "'Uting - name
regardless of the use ofthc suffix.
All Irtrcet names ahDll be subject to approval by the de ebJfMRlI m"ieu lIilMeT ~
Olx:nlticms Dim:tor or his deslmeo durlDg the pTCIliIninmy aubdivilllOD plat approm process m:w
;he final !lI1hd~ion Dl~t ~r the fi~ ~l.lt and constrUction nlans if the annlicant choow. not to
Sllbmit the ODlionnl tJ~lunDUlN SUbdtVUIOn Dial
Pavement painting and stripl.Dg andlor eppropria1c reOcctlw celiO of public roadwll)' mmicmgs
shllll be provided by the dO'Vcloper as rcqulml by the U.S.D.O.T.PJi.W.A. MauWll on UnifDTlU
Tram!: Cotlb1ll Devices. Wbera concrete vatiC)' .gutters border the wac of pavement Ind Cor
prival# roadways, this rcqufmm::nt.,may be wnived by the dD"elepmlRI BeN!B" diN"Br
Tran!lDOl1Jstion Admfnldrstnr nr hi. deshmee.
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],2,.1.3.25. ~~ 5)'~ A complete wBlcr dlstrlbwiou and D'JnsmlJalOll
S)'JtmJ to include provisiOlJ for &cpIl'lt:c potable ~ ad RN!It ncm-ootabte lnillarlon wiler noes,
and inte:rim water treatment Sf iBliriBI .a&w lRBtRlMltIlld supply facUltles.ltn:qulre,d, IhfIU DlD:II
be provided or employed by tho .ppUc~ at no cort to Collier CoIlDIy for all subdivlslotUllUld
developments. No>>-noblhle lni...tion lines mug he cnlor.cnded accmdinR" to tM ("'.nDltr CounIV
OrdinlmCC and Technical Standmh. Penn URn liflllB, JlI;YftIlfl, BIId ether All in~mll1 non-ootBble
itrlntion line!. DwnDS lllld ~ will Dot be maintai1'lCld by Collier County. Count)'
potable water wUlll.ot bo pcrtDlttocl for hrigation unlw other ~ of supplem8A1al.iaia::ltio.n
wIlleT are not permitted Dt IIovaUablc.. IIbcrefon; the dc'velapc:r will nocd 10 provlclc lmgadDIJ
watcrfromlllO\R8\mtil~.II!;'lIU88.....ft'I.).I" ai\Ul.Cmmtvtl'm\lldednbno-nntll.blo
ImntftIn wtrteI' become.!! .!Iwflabla, All lisc:IUdcs ahaU be COIUtnlc:ted fa accordance with re.denl,
stll1e Md 1cx:W regu.lB:doDl. When ~ the water dittrlbutioa and trmumissioo faciHtiCll shBII
be CODvC)'cd to CoJller Conaty, or the Collier County Wl1teJ-Scwer District or other dtpc:ndant
districtwhc:re appropriate, upon completion of conmuction pur&WUlt to County Ordinance No. 88.
16 [Code ch. 134. art. IlT], as &mcadcd.
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32.8.4.1. EalemutlJ.
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J. Prolecled/pl"Qf!TVt arc" and tuUunuw., 1ft. QOoexclUilve casCtDl!lIJtor tract: in ",vor oreallier
County. wllhout In)' mainb::l\lDcc obligation, shall be provided Cor all "pro~preserve.
In:U rcqu.ircd to be dC3fgnatcd em the preUmiD.aly and finalsubdlviJloll plab or onlv DD tha
finlll s.ll~lvi!ion Dim. if the rmnllCBllt chOO5e!11 not tn submit !hI; (lmfcinal nn:limiMrv
gubdlvlIlOIl Dtst. Any buDdable lot or pan:cl subject to or lbutliDg . ~ an:a
required ID be dCl1gu1Uod on the pmlimlnuy and final subcUvlslou plats or onlY on tilt!! finBl
subdM!ion DIat: if the lI.nnlicant cla~e5 not to BUhmlt the ootlonal ore'liminlrv ;;;bdl~~~
IlIIl. sball baY<> a mlolmUlll 2S-foot setback fnnn Ibo bowulmy of IIlCb plV1OOtodIproserv.
.... ID which no principle _ may be __ Pw1her, Ibe pn>llmbwy cod fhloJ
1nlbd1~hlD JllatI; cr nnlv on the ftna1lJUhdiYillon Dial tf'the ImDlIClI.JIt chDn!lt!ll not to IIIbmit
tb~ 0tJti0ll1l1 DtcJunmllr'V subdividol'l nlAt 8baU requfro that DO a1tensdou, iDcludi:ag aeccssoty
stnlcm:es, fi.1I placement, gtBding. plaut a1=atiOD or tcm~ or s.ImIlar activity dWl be
~ Within such setbad:: area without the prior wriu:D coDICnt Cl'f!he developmant
s~ dJreaor, provided, ill DO event shaU thC6C acdvitlco be permitted in such sctblu:k:
I1rCa Within leu feet oflbe protectcdIpl"CSCt\le IU'CI botmdaryA , unll.~!l HI . uth,Wl art
&&eefBJlll&lld lhFell.gh bafrt:t:mg pllftlllMl Ie 'UI;(IIJ\ J:! If..? 1 AddltfonaJ tes!tdatiDtu
reli!ardinp nm.erve ~aclu Ilnd buffen lI.n! Inr.Jrt~ In DlvWnn :1 9 ~~d ~hllii be ;::jj;b',:
~ nreserves relnlJ'dleu Iftltev are Dialled Dr BlmDlv Identified hv ~~~ ~;;;;~n
Tho ~dariC30 of all ~uired easCUlent! shall be dimensioned on the final subdivillion plat.
Required protectedIprescrve btW. abaIl be idcntiftcP lIS llf!pBra tracts or eus;:mcnts blving
ACCeSI to them from a plstted right-or.way. No individual te!!lidentia1 or eommcrclaJ lot or
parcel ~b:lcs moy project into them when pllUed as a trlltt. U the protectedlpreserve ut:a is
deten'D.mcd to be Jurudlc:tlow in nature, vcrification must be provided which documanb tbll
Pogo IOBofl74
Words~lltI!ldelf!tcd.words~8nladded
etc.!;>. 0 Lf- () 8
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approval of the botmdary limit! from the appropriaUlloc:al, 8tIIc or fcdcraJ agencies having
jurisdlctloo IIId whOll "l'Plicobl. pursuo.al to Ibe requlnlmClllS IIId proYlslo.. of lb. BJUW!b
management plan; AU nqniIed casements or IracIs for prolocted!prcstI\'c BlW sImll bo
dedicated and also csmblilh die pcrmlttod USCI for ,lid eucmenl(s) and/or tracts OIllhe r.mJ
subdivisioil. pliJ: tD CoWer CoUDty widloUt the responatbWty for maintcuance ad/or to a
property OWDetll DSSoOCiadon or similar entity wfIh maintenanee =POnslbllltics. An applicunt
who wishcalD let asllk; dcdiCBlC or grant additional p:otoctmt preserve ID'CU not otherwise
~uired to be de:sigDlllid oa the prellminllZy 5Ubdlvlsion p1l1 and final subclivl!llon pll11...Dl
onlY on the final aubdlvilliDn nlllt If lbe 1ID'Dllcant cboo!le!l nrtl. to .uhmlt the ondonlll
!)ftllimmlUV IUbdivhllotllllal may do 10 by grant Dr dedication without being bound by the
provisions ortbb aectlon.
4 lmprowmllli plam. The imProvclJnmt p1a.nJ for rcqWrcd improvements which will be
constrIictcd WitbJn In existing cuc:mcul must UJustralo lhc existinl eu;meut and existing
fcolllties; ond tIu> Jl'OPD'OlI........t ond the pnlJ>ClIOd ficllltl... Copies oflb.wpm......t
ptw sbaIl bo provided by the IIppfiCl1D.t 10 the bolder of the cuemeut(.) .imUlbmDOU51y willi
it! rubml53ioD to the cowrty,
The revieW IlIld approval of lmprowmm1 ptans doca aot antborb:e tbll coDstruction of
rcqtlircd bnprovcmenbwhlcb Il"O mconlilteDt wilh existing euGmCnt(,) ofreconS
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3.2..9.1..2.. The BnalwbdivWcm pial IhaIl COl1fcrm to the approved prclimbwy IUbdlvlslDD pta:r..lf
the flDbllcant cbote to IUbmlt . rwellmmll'V subdivhtion Dial pursuant to scc:tion 3.2...6.3.;Ji,t 1.b2 .
final mbdMIIMI nllilMflIblD eoasIltuse ODIydult portion Dflb. approvod IRlimlnary IUbclivliiml
nhrt. If .rmIiCllbla. wbicb die Ilppticant pt'OPOlCI to c::olllbuct wttbbl a fiaita period not ~ exeeed II
mDDtbs. Tbc Improvements Rquircd by thiS division wltlch ~Iy to Ib, fInaJ IUbdfvlJloD plllt shall
be completed wldda 18 mODdu from tho dale ofllppl'OWl oftbe fbW plat wiess piorlo the 1'"
month c:cnistructloa period. . written requesl for an atenJtQn Ia time not cllu::ecdina one year is
appliod for and approved by the dovelopmem services adminlltntat or hi. dulgncc. 11:ac appllClUll
shaJl enter Into a canstructkm lAd mllDtonlDee agreement wi1h the county. iD . Conn 'acceptable to
the COWlI)' aaomey, whh:b c:a:ablllbel tho Ir::nDS end cmdithms for the c:onstruc:tion and
mabne:D1lDCO of tho ImjnoYamantl rcqulmt during tho 11om0llth ~oa period (UIlIClI I
wri.... .....won ""1"'" b oppnwcd by the dove...t lClVlees director prior to the explntioo
of tIu>. 18-lnonth ~DO period), wb....... tIu> fiDaI pis< b approvcd ooly or cpplOYl:d llIllI
RCOrdcd with Iho posting of a wbdlvtsm performance loeuriI:y. Ibil agrccm=nt JhaU be submitted
wllh Ib, 6naI plat far ~ lOci appnmd ad executed by all partJes at Ib, time of final ptllt
......vol per _DO 33.913.
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SUBSECTION 3.B. AMENDMENTS TO DMSlON 3.3. SITE
DEVELOPMENr PLANS
DIVISION 3.3., Silll Development Plans. of OnlinlInce 91-102. as
amended, ofth. Collier County Land Development Code, is hereby amended
to r<ad as foDows:
DMSION 3.3. SITE DEVEWPMENT PLANS
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See. 3.3.4. E.I:~mpiJDD"
Due 10 its 1000000D or minimal tmplCt DQ IUITOUUdiDg propmlcslDd probable minimal implLCtS
uo~ the sit&: dcvclopmcut plan nM~ standard coabliDed in .edioa 3.3-5... smndard application
requaremCI:Ils as dcscrfbed m az:dion 3.3,6" IDlI)' hI: waived in pIrt or in Cull by !be ptunln&
IClVlCCl _ for egricoltm>Jtyrelated development ..I_eel 10 tIu> pemilttcd IIIllI ie.:euo.y
uscs: ICd:ion of tho nnI apic:u1an1 zoning d1Itric:t; bowever, _ site UnpIVYcmc::nt plan u rcquinld
by .cdioo 33.7. adlkeclloi tho cppUcatioo requirements decolcd o""""'l' by the plooolng
oervlocs dln:dor WII be IIIbmittcd to the pulog dcpanmcnl fin.low end approYld.
I
Page 109 of174
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'1A
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
DATE: August 4,2008
TO: The Board of County Commissioners, sitting as the Board of Zoning Appeals
Commissioner Tom Henning, Chairman, District 3
Commissioner Donna Fiala, Vice-Chair, District I
Commissioner James N. Coletta, District 5
Commissioner Fred Coyle, District 4
Commissioner Frank Halas, District 2
FROM: Jeffrey A. Klatzkow, County Attorney
SUBJECT: Hearings on Appeals of Official Interpreta ons of the Land Development Code
Grider Appeal
I. General - In keeping with prior appeals of this nature before the BZA, the official
interpretation appeal hearing process is quasi-judicial in nature and is therefore subject to
the provisions of Resolution Number 95-376, requiring proper disclosure of any
Commissioners ex-parte contacts, communications, site visits, or investigations, or
receipt of expert opinions. Likewise the procedural requirements of Resolution Number
98-167 also apply. Copies of both resolutions are attached for your convenience.
2. The ultimate issues to be deterrnined in the appeal are:
a. Whether the Zoning & Land Development Review Director ("Zoning Director")
relied upon competent, substantial evidence to arrive at the conclusions of the
official interpretation; and
b. Whether the official interpretation is consistent with the Land Development Code
(LDC), which includes by incorporation the applicable POD Ordinance, and the
Growth Management Plan.
3. The appeal hearing before the BZA is inforrnal.
4. Relevant evidence will be considered at the hearing. The Chairrnan of the BZA, with the
assistance of the County Attorney, will determine what is relevant evidence.
5. The County Attorney recommends the following procedures:
a. The court reporter administers the oath to those wishing to speak. If a speaker
arrives at the hearing after the oath is given, the speaker most be sworn in before
they can speak.
Page 1 of3
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1(.\
b. The members of the BZA then make their individual ex-parte disclosures. All
communications must be disclosed including letters, e-mails, phone calls, and
meetings. Any personal investigation, such as a site visit, must also be disclosed.
The subject matter of the communication and the identity of the person, groups or
entity with whom the communication took place are all part of the disclosure.
This applies to all communications that took place even before the appeal was
filed. These disclosures must be made at the beginning of the hearing. The BZA
must give any person who wishes to question its members concerning the ex-parte
disclosure the opportunity to ask questions of it. This right may be waived by a
failure to ask questions of the Board.
c. The presentation of the appeal should be as follows:
I. The appealing party presents its case. The time limit is one hour. This
time limit includes any presentation by an expert witness.
a) The Zoning Director may question the appealing party and/or any
of its experts. The time limit is 10 minutes.
b) The property owner who agrees with the interpretation may
question the appealing party or any of its experts. The time limit is
10 minutes.
11. The property owner in agreement with the interpretation presents its case
including the testimony of any expert witnesses. The time limit is one
hour.
a) The Zoning Director may ask questions. The time limit is 10
minutes.
b) The appealing party may ask questions. The time limit IS 10
minutes.
1II. The members of the BZA may ask questions at any time during the
proceedings. It is suggested that there be no time limit to the BZA's
questions, subject, however, to the discretion of the Chair.
IV. Interested members of the public may then speak. Time limits per
speaker, including any cross-examination, is 3 minutes. The BZA should
only give consideration to "public testimony" that is relevant to the issues
being discussed.
v. After Public Comment, in order, the Zoning Director, the property owner,
and the property owner in agreement with the interpretation will each have
10 minutes to sum up. This summation could include any rebuttal.
Vi. Time limits may be extended at the discretion of the Chair.
Page 2 of3
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Vll.
Upon conclusion of the public speakers' presentations, the BZA should
close the public hearing and commence discussion.
"
Vlll. Upon conclusion of the discussion, the BZA will make its motion, second
and then vote. A simple majority is required to approve the motion.
Pursuant to Section 10.02.02.F.5.b of the LDC, "The board of zoning
appeals.. . shall adopt the.. . official's interpretation. ..with or without
modifications or conditions, or reject his interpretation. The board of
zoning appeals.. . shall not be authorized to modify or reject the.. .official's
interpretation unless such board finds that the determination is not
supported by substantial competent evidence or that the interpretation is
contrary to the growth management plan, the future land use map, the
Code or the official zoning atlas, or building code, whichever is
applicable. "
6. It must be noted that the appeal provision ofthe LDC does not contemplate providing for
BZA revocation of any existing development approval.
Attachments:
Resolution Number 95-376
Resolution Number 98-167
Subsection IO.Q2.02F. of the LDC
Page 3 on
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JUN 201m
RF:SOLUTI0N tlO. 15-)7&
A P.ESOLUTI011 RF.;Ll\Ttnc TO liCCESS TO LOCAL
PU[lLIC OFFICIALS; PHDVIDIHG ^ DEFII1lTION OF
LOCAL PUBLIC OFFICIAl.; PROVIDING FOR ACCESS
TO PUBLIC OFFICIALS; AUTtlORIZINC ItIVESTIGA-
'fIONS AND RECEIPT OF INFORMATION; REQUIRING
DISCLOSURE OF EX PARTE C0~1HUHIC!\TlotJS; MID
REPEALING RESOLUTlotl 110. ')5-)54.
HHEREAS, government in rlorida is conducted in the sun-
shine pursuant to Ch2.pter 286, Flodda Statutes i .'lnd
~mEJH:Jl.S, the !"lL:.bl ie :;hould be nblc to voice its opinions
to local p.lccted publ ~c officials; .'lnd
WHEREl\S, elected a.nd public officials are presumed t.o
perform their duties in a lawful and proper ~~nner; and
WHEREAS I
quasi-judicial decision-making must be based on
competent, substantial evidence of record; and
WHERrAS,
loca 1
elected
public
officials
been
have
obstructed or impeded from the fair and effective discharge of
their sworn dlJties anrt responsibilities d~c to expansive inter-
prctations of JeXl..ni.!l95~~a6e .0untv, il decision rendered by
the Third District Court of Appeal; and
WHEREAS, Section S, Article! of the rlorida Constitution
glves the pecple the right peaceably to assemble, to instruct
their represcntatlves, and to petition for redress of griev-
i:lnccs.
~lOH, 'illEREFORE, BE IT R2S0LVf.O BY IllS BOARD OF CQUNT'i
COMMISSIONERS OF COLL!t:R COliNTY, rLORIDA, that:
SECTION ONE:
~UTl-!ORITY
Pursuant to Subsection 236.0115, florida Statutes, Collier
County has the au~hority to enact this ReSOlution ~hich removes
the presumption of prejudice from ex part~ communications with
local officinls by estoblishing the proc~s3 o,ct forth herein to
disclose such coromunic~tion5.
SECTION TWO:
DEFINITION
As used in this Section, the term "loc,ll public official"
means ony elected or uppointcd public official holdin~ a county
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~GO(
JUN 2 0 t9S5
office who recom:nends or t.akes quasi-jUdicl.:ll 0.ction as a
mc~bcr of ~uch board or co~m15sion.
SECTION THREE:
~CCESg PERMITTED
1. ~ny pecson not attlerwise prohibited by statute,
charte.r pt"ovision. or ordinance may disCllS~ with any local
public official the merits or any matter on which action may be
t.aken by the boaed or commission on .....hich the local public
official is <J. member. ^dhcrence to the following procedures
shall remove the pre5umption of prejudice arising from ex-parte
communications ~ith local public officials.
(al The substance of any ex-parte communicat.ion with a
local public officiul which relates to qU<lsi-judicial action
pending before the official is not presumed prejudicial to the
action iE the subject of the communic~tion and the identity of
the per-son, group, or entity with whom the communication took
place is disclosed and ~ade a part of the record before final
action on the m~tter.
(b) A local public official may read a written communi-
cation from any person. However a written communication that
relates to quaSi-judicial action pending before the local
public official shall not be presumed prejudicial to the action
and such written communication shall be rni'l:de a part of the
record of the board or commission before final action on the
miJtter.
(el Local public officials may conduct investigations and
site visits and may receive exp~rt opinions regilrding quasi-
jUdicial action pending before them. Such activities shall not
be presumed prejudicial to the action if the existence of the
investigation, site visit, or expert opinion is made a part of
tne record before finnl action on the matter.
(d) Disc}osure made pur.suant to paragrapns (<.1), (b) and
(c) must be made before or during the public meeting at which a
vote is taken on su~h matters, sa that persons who have opin-
-2-
IGD'
OlJO" EJ2
1A
1A
JUN 201995
ions cont~~ry to those expressed in the ex-par~c communication
are given ~ rC~5onable opportunity to refute or respond to the
communication.
SECTION FOUR: REPE~L or RESOLUTION NO. 95-354
Resolution No. 95-354 is hereby repealed in its entirety.
This Resolution adopted this
20th
dny of ~, 1995,
after motion, second and majority vote favoring same.
AT'I'EST:
DWIGHT E. BROCK, Clerk
BoARD OF COUNTY COMMISSIONERS
coLLIER COUNTY, FLORIDA
~! ;;;//-<~.4~-.~e
By' ,L
,BETTYE
Approved as to form and
legal sufficiency:
mm"',wll)1J~
- 3 -
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noo ,,',' 193
'11\
8Al~
Exhibit "A"
Procedures for Presentations before the Collier Counly Board of
Commissioners and as Applicable 10 the Collier County Plannin!:
Commission
A. Puhlie Commenl on Gcneml Tonics: Memhcr~ of the puhlic may register 10 speak
on general topics under Ihe Public Commenl portion of lhe Board of County
Commissioncr's (Uoard) agenda. The 'lUmber of speakers pennilled 10 register
under public comment on any given agenda shall be limited to a maximum of
live, unless the Chairman recognizcs additional speakers.
I. Sneaker Reeistration: Individuals wishing to speak 10 lhe Board under public
comment al any regularly ,eheduled meeling of the Board of County
Commissioners shall register to speak in writing nn the form provided by the
County prior tu the public eummenl portion of the agenda being called by the
Chainnan.
II. Time Limits:
a) l'ublie Comment:
I. Maximum 5 minutes per speaker.
D. Puhlic Pelitions: Public Petitions arc limiled 10 a single speaker. In general, the
Board will nOI takc .Ietion on public pelilion ilems on the day the petition is
prcsenled. but may direct staff 10 takc action. or bring back the item to Ihe Board
at a future date for consideralion. The County Administralor may defer scheduling
a public petition for a reasonable period of time in order to allow sufficient lime
for staff to review the con lent and thus prepare for questions from the Board.
I. Reeistration: Individuals wishing to make a public petition to the Board of
County Commissioners sholl presenl such a requesl in writing 10 the County
Administralor a minimum of I J doys prior to the Boord meeting dale on wbieh
Ihe public petilion is requested 10 be heard. The "Tinen requcsl shall include Ihe
name(,) and addrc.<s(es) of' all petitinners. including a primary contact name.
aduress onu telephone number, ond shall slale the nature of the petition. including
ony exbibits and/or back up mUlerial which may be peninenl to the petilion.
I!. Time Limits: Maximum 10 minutes per speaker.
C. Advcrtiscd Public Hearings: For procedural purposes, advertised public hearings
fall into two catcgories: those which arc qun~i-judicial in nature; and other types
ofadvcrtised public hearings. including Ihosc which arc legislative in nature.
I. Ouasi-Judicial Public ltc:aril1l!s:
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a) rurnose and lolenl: TIle Board has prepared Ihesc rules in an atlcmpt 10
eneourn~e public portieipalion durin~ quasi.judicial hearin~s in a mnnner
consislent with thc requirements of law. As part of Ihal effort nod wilhin the
conlioes of the law. the Board intends its hearings to be infom!al while
recognizing the need for certain structure to maintain orderly henrings.
Notwilhstanding the procedures estnblished by resolulion. the Board mny modi fy
Ihese procedures to effeclunte the effective presentation of evidcnee.
b) MolienhililV of these Pmcedures:
(I) Ouosi-Judicinll'roecedincs. 'Illese procedures apply 10 all quasi-judicial
proceedings heard hy the Iloard and the CCPC regardless of the eapneily
in which the floanJ i" sitling. Quasi-Judicial aelions concern the
implementation of policy. which has already been set. and affording Ihe
Bnard. and in some in'tances the ccre. limited discretion in deciding
whether 10 OIpprnvc or deny a land use permit. Thc~c include I.md ust'
actions which have an impact on a limited number of persons or propcny
owners on idcntifi:J.blc pOlr1ics and interests, where the declsion is
contingent on :J. fact or raels illTivcd at from dislinct alternafives
presented at 01 hearing, E:'(amplcs of quasi-judicial proceedings includc
hul ore not limitcd tn: site specilic rezonings (provided they in\'olve
policy implementOlion); developmenl of regional impact hearings:
conditional use rennits; variances: hoat dock extension pelitions; and
ndminlstrative ilppcaJs.
(2) l.e~i,lalive I'roeeedin~s. Ulllization of these procedures by the Board or
Ihe CCPC when silting in " legislative capacity docs nol change the
ChJrnCICr of the legislative proceeding nor docs it confer any :ldditional
rights or rcmellics upon <lny pcr.~on or party.
C) I'rc.llearin~ Suhmittals:
(I) A"nheation. An applicant (os delined in the Collier Couoty land
Development Code) shall mnke applicalion as provided in the procedures
\"Inhlishcd for the individual dee;"on heing requested.
(2) SlamA"cncv J(,'co",",,'ndalion, To Ihe c.<lcnl that the applicable
procl'dllrc Tl'qllin:s <.1 sl:iIT rt.l,.ic\.... nnd writ1cn n:commendalion 10 he
prl'sl:nlcrJ to Ihe BO;lnJ. slIch written rccommcmblion shi1l1 be complelcd
and uvailnblc for puhli, inspection no later than ten culcndar days prior In
Ihe hearing he fore the Board,
(3) Wrillen Prcscntalion. No later than one week prior to Ihe scheduled public
hearing before the Ooard. any applicant. proponent. or opponenl may
submit Dony \\Tillen :lrgllments, evidence. cx.plan<ltions, studie~, repons.
pel/tions or other documcnt:Jtion to staff for intended consider:\ticHl by the
Boord in sUPPOt1 or or in opposition to the application. In ordcr to be
included in a Board or cepe Agenda pockel. any ''''Tinen arguments.
evidence. c.'\:planations, slLuJics, reports, petitions or other documc:nt:uion
mll~l be submitted tn the: npproprirue Sl:l(( no !J.h:r than three \\'cck." prior
to Ihe scheduled hearing he fore the respcctil,'c body. All \vrittcn
2
RESOLUTION 98- 1 fi 7
A RESOLUTION EST MUSHING I'ROCEDURES FOR
PRESENTATIONS ANO PUBI.IC COMMENT DEFORE
TilE BOARD OF COUNTY COMMISSIONERS AND
TIlE COLLIER COUNTY PLANNING COMMISSION.
WHEREAS. the Collier County Bonm of Comnlissioncrs (Board). 3S the dilly
ejected govcn\ing hody for Collier County. hollls rcgulnrly scheduled public hearings to
discuss, review ;lM<.! ilel upon items or concern 10 and arrccling Ihe residents of Collier
County: .md
WHEREAS. the Collier County PlanninK Commission (CCPC), serving .15 the
loenl plannin,g ilJ;cney and the land de\'elopment rCG-ulalion commission ilS rC41lircd by
F.S. ~~ lfJJ.J174 .mL/ 163.3194, hold!! rti:ularly scheduled public hearings 10 discuss.
review. nel upon and make recommendations 10 the Goard relalive to ilCIIlS of cone em 10
.md arrccting the residents oreamer Coullly: nod
WHERE/\S. included in these ilcms nl.:!.Y he :Jth'ertiscu public hC:1rings ora qu.:!.si-
judiciOlI or Icgisl;'l!ivC' mllUre~ nod
WHEREAS. the public may wish 10 comment on lht:sc ilC1l1s scheduled for
consideration before the Boom.! or the cepe; ilnd
WHEREAS. in order 10 main[;lin, equity. decorllm Dnd order.,t lhese rcgulorfy
scheduled public he3:rings. it is nCCCSS<lry to cSIOlblish st:mdard procedures for
presentalions ood public comment before Ihe BOllrd .and the cepe; and
WHEREAS. the Boan! hOlS prepared tncsc rutes in.m nllcmpl to encourage public
"ilrticipalion during .advertised public hC01rings. includin~ quasi~judicinl hearings. in it
m:lIlner consistenl with Ihe requirements cfra\\'.
NOW, TflEREI'ORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA 'h.t:
The B~;lf(J of Cotlnly Commissioners declares IJlU! the procedures set rorth,
atl:Jchcd hereto, and incorporiltcd by rdefence herein as Exhibi( A. applicable to the
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8o~rd .m\.! lhe Collier County Pl<lnning Commission as stated in uid Exhibit, are fair lJOd
reasonable. and OI.rc hcn:by adopted.
BE IT FURTHE.R RESOLVED tho.t this Resolulion relating Lo procedures for
Bo::zrd and cepe presentations tlnd public commenl be recorded in the minutes of this
BOilrd.
This Resolution adopted aneT motion. second :md majorily yole favoring SAme.
Done this
/,9
5177
,1998,
d.yor
ATTEST
Dwight E. Brock. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
~Lu_~~})/~~~
..... Barbara 8, Berry, Chainnan
( ~tt.st IS to Ctlall'1llll'S
"'$ \gnatur. onl1.
'Approvecl as 10 ronn and legal
sumciency;
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suhmissions, not including pictorial di!;plilYS Cm3ps. graphs and the like)
must be on H.I/2 x II.ineh popel'. No wriUen moterials will be accepted
by the Board al il> hcoring unless, atlhe Boord's diserelion. acceptance is
necessary to decide lhc issue. Written comments submitted sholl be
considered and enlered inlo lhe record of Ihe meeting in accordance wilh
subsection C. l. d)(4) below.
d) Public Hearin~s before lhe 1300rd or lhe CCPC:
(l) General. It is the expectation Ihat lhe hearing will be informal. All
members of lhe public who address lhe Boord or the cepc shall ulilize
Ihe speaker's podiulll to allow their comments 10 be recorded. Each
speaker shall state his or her name and oddress for lhe record.
Additionally, speakers sholl indicate whether lhey arc speaking on behalf
of themselves or olhers.
(a) Time Limilation Guidelines. It is expected that presentations will
be organized ond efficiently presented. As 0 guideline to
presentations, in addition to lhe written eommenls submitted as
pan of lhe prelimioary record, it is expeeled thot persons of Ihe
rollowing stnlus will prepare their discussions and comments 10
be completed within the prescribed time limits:
I.
Staff shall be responsible for presenting
behalf of Collier County and sholl
presentations to twcoty (20) minules.
(he case on
limit Iheir
2. The opplieant shall presenl his or her enlire case in twenty
(20) minutes.
J. E., pert wilnesses shall be limited to len (10) minules
each.
4. Persons who have been aUlhorized to represent an
organization with five (5) or more members or a group of
five (5) or more persons should limit their presentation to
ten (10) minutes. It is expected that others in lhe
orgilniz<:lIion or group waive their time.
5. All other persons may speak for a maximum of five (5)
minutes euch.
(,. No speaker may give his or her time to any other speaker.
AI Ihe discretion of the Chairman, the lime allowed for
any speaker may be extended.
(b) Recistralio" of Soeakers. Persons who desire to speak on an ilem
,hall. prior to the item being called to be heard by the Chairman,
register with the County Administrator 00 the forms provided.
Five (5) or more persons deemed by the Board to be associated
togetner or olncrwi~e represent il common point of view, as
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proponents or opponents on any item mOlY be requested to select a
spokesperson.
(2) Order .nd Subieet of Aonear.nee: To the extent possible. the fol1owing
shal1 he the order of the proceeding:
(aJ I'rcliminorv St.lemen!. The eh.irman shall re.d . preliminary
statement once at the bcginning of the quasi-judicial hearing
ponion or the .gend. outlining the procedure. whieh shall be
fol1nlVed.
(h) Sworn Testimonv. The applicant, staff, .nd .11 witnesses
requesting to spe.k sh.1l be collectively SWorn.
(c) Acreement with St.rrs Recommendation. II' the .pplieant or
agenl or the applicant agrees with stafrs recommendation and
wishes to waive his or her right to present addition.1 evidence,
nod if no commissioner or anyone from the audience wishes to
speak ror or ag.inst the quasi.judieial agenda item. the Board may
vote on the ilem based upon stafrs presentation and the macerials
in the .gend. hack. up.
(d) Initial Presenl.tion bv Staff. County staff shal1 make the initi.1
presentation to lhe Board regarding any item under consideration.
A ner completion of the staff presenl.lion. Ihe Bo.rd may m.ke
inquiries of st.ff.t this time. An applicant or .ppellant may osk
questions or. or seck cIarilic'lion from, sl.ff by request through
lhe Ch.irman .t Ihe lime Ihat pany makes ils initi.1 present.lion
10 the Bo.rd.
(c) Al1nlieanl's Prescnt.tion. After starfpresent.tion, the applieanl(s)
sholl be ol1o\\'ed 10 make. presentation to the Board based on lhe
time limit~tion guidelines outlined in the preceding subsection (d)
(]) (oj, .bove. During and after lhe .pplie.nts' prescnlation. Ihe
BO:lrd shnll h3....C an opportunity 10 comment or ask questions of
or seck c1arifle'lion from Ihe applicant. The Bo.rd may .Iso
.110w slaff to comment. ask questions or seek clarification from
the applicant(s) allhi$limc.
(I) Sneakers. After Board .nd staff inquiry orlhe applieanl, speakers
shall he ollo\\"ed 10 $pe.k based on Ihe time limilation guidelines
outlined in Ihe preceding Suh$eelion (d) (I J (a), ahove. During and
afler a s"eoker's presemolion. the Board shall have .n opportunily
to COmmc.'nl or 3sk questions of or seek clarification from such
spe.ker. The Boord may oIso allow staff to comment, ask
questions of or seck clarification from speakers.
(g) SlalT Resnnnse ond Summary. The staff sholl he allowed .n
opponunity for response to the presentations by Ihe opplic.nt,
propunc-nts and opponents and a summary wilh any changes in
position .lllC'f cOllsider.ltion of relevant public comment. Proponents
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and opponents who believe that the staff response includes errors of
fact or law may ask for and may be allowed an opportunity to point
out such crrors of fact or law.
(h) Annlieant's Rebuttal Presentation.
I. Applicant's rebuttal shall be allowed only on items where
there is an applicant other than the Board or Board staff.
Mlcr stalT response, the applicant shall be allowcd an
opportunity for rebuttal. Rebuttal shall bc limited to five
(5) minutes unless otherwise set by Ihe Board. Rebuttal
shall only address previous comments.
2. Staff, who believe that the rebuttal presentation includes
an error of fact or Jaw, may ask for and may be allowed
an opportunity to point out such crror of fact or law.
(i) Board and Staff Inauirv. Aner all presentations have been made
as outlined above, the Board shall have a final opportunity to
comment or ask qucstions. 111C Board may allow stotT 10 respond
(0 comments previollsly m.ildc ilt this lime.
U) Limit on Presentations. No person who has made a presentation
for or against an item at a given meeting shall be allowcd to make
additional comments, unless requested to do so by the Board.
(k) Closing of Public Comment. In those malters 00 which public
comment is heard by the Board, the Chainnan shall close the
public comment portion of the meetiog (on that item) upoo the
conclusion of the last speaker's comments or, in the Board's
discretion, if no new relevant infonnation is being presented. No
additional public comments shall be allowed, exeepl in specific
response to questions by members of the Board.
(3) Miseellaoeolls llems:
(a) Continuing Record ISpeakers Oualifications. The Clerk 10 the
Board ("Clerk") shall maintain a tile with the most recent copies
of resumes previously filed with the Clerk by county staff
presenlers. All other persons testifying on issues requiring
educational. occupational and other experience who wish to be
qualified JS ex pens shall suhmit their qualifications in writteo
form for the Board's approval to spenk as expert witnesses.
(h) Onrani7.ational or GrouD Soeakers. Prior to presenting hislher
case. any person representing an organization or oth~r persons
shall indicate. in writing, the organization or group hclshe
represents ;1nd how he/she received :ltJthorization to speak on
behalf of such organization or group of persons. The Board may
make further inquiry into the represented 3uthority of such person
irncccs~ary.
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(c) Reslrietions on Testimonv or Presenlation of Evidence.
Notwithst:mding :my provisions herein, any Bo~rd member m:l)"
in~cffilp! any presentation thO!t contnins m.:lllcrs which need not be
considered in deciding Ihe mailer then before thc Board for
consideration. At nny I30nrd proceeding. the Chainmm. unless
O\'C'rTulcd h)" mJjority of the Board members prescnt. may restrict
or tem,;nale presenlations which in the chairman's judgment arc
rri...olous. unduly repetitive or out of order.
(d) Puhlie Officials. Notwithstanding other provIsIons hereof. the
Board may allow any elected or appointed public official. or
repr<<enlali"e Ihereof, to appear and make presentations at any
time with regard 10 mailers under consideration.
(c) Continued Puhlic flcnrim.!.s. In any matter when: it is knO\\.'Tllh:lt a
schedllled public hearing will be continued 10 a future date
certain, the staff report may be abbrevialed and public comment
may be limited to those persons who state that they believe they
can not be available to speak on the date to which Ihe public
hearing is being continued, Such persons may make their
commenls at the curren I meeting; provided. however, that upon
making their commenlS. such persons sball waive the righl to
repeal or m:Jkc substantially the same presentation at ilny
suhsequent meeting on (he s;J:mc subject. This waiver shall not
preclude StIch per~()n5 from milking different presc:ntations bnscd
on new infomll1lion or from offering response 10 other persons'
rrCSCnll1liol1, i r otherwise allowilblc, nt any subsequent mc:C'ting.
(4) The Record
(a) Automatieallv Included in the Record: The following documents
shall aLltomatically he included in the record orthe hearing oerore
Ihe Board:
(1) The roc(]rd rrom any preliminary hearing. the agenda
paekel. the staff report. nnd Ihe transeripl of the hearing
berore Ibe Board:
(2) Wrillen comments and documents previoLlsly entered into
the rl'cord "I a prior Board meeting on the particular
tnJtlcr.
(11) Items WllIch Shall fle PI,eed in Ihe Record: Any addilional
dOI.:urncnts. exhibits, diilgrams, petitions. lellers or olher materials
prc~cnh:d in !iUpport of, or in opposition 10, an item to be
considered by the BOi1rd shnJ[ be c:ntered into the record, as long
as it was reeeil'ed by Ihe Boord's Clerk or the applieahle Collier
Counly departmenl seven (7) days prior to the dale or the hearing.
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(c) Addition31 Evidence. Except pursuant to subsection C) (3) nbove.
Writtcn Presentalion, any ndditional wrillen or documentary
evidence med within seven (7) days of the date of lhe hearing
shall not hecome part of the record.
(d) ClIstodinn. 'Il,e ('lerk shall he Ihe ornei..1 euslodian of the record.
(e, Exhihlls. Unless an oversized exhibit is absolutely essential,
documentary paper or photographic exhibits should not exceed 24
inches by 36 inches and, if mounted on a baekhoard, shall be
removable lh ere from. All documentary evidence should be
enpable of being folded and filed.
II. Other Puhlic llearin~s; The following rules apply to advcrtised public henrings
other than those which arc qUllsi-judicinl in mllurc, including those advertised
rublic hctlrings v,!hich arc legislative In nature.
a) Prc.llearinu Submittnls:
(I) Annlieation. An applicanl (as defined in the Collier County Land
Development Code) shall mnke application as provided in the procedures
eSlablisbed for the individual decision being requested.
(2) Staff/Aueney Recommendation. To the extcnt that the applicable
procedure requires a 5t~fr review and wrilten recommendalion to be
presenled to the Board. that wrillen recommendation shall be completed
and avnilable for public inspection no later than ten enlendar days prior
to the hearing before the Board,
(3) Wrillen Presentation. No laler than one week prior to the scheduled public
hearing before the Doard, any applicant, proponent, or opponent may
submit, in support of or in opposition 10 the issue which is the subject of
the advertised public hearing. any written arguments. e,',dence.
cxplamllions. stllcJic~. reports. petitions or other documentation to staff for
lI1tC'ndt'd c0l1sidl.'ration hy lhe Board. All written SUhr11lS5ion~, nol
including pictorial ulSploy, (maps. graphs and the like) mUSI be on 8-1/2 x
II-inch po per,
b) Public lIc3rin~:
(I) General. All members of the public who address the Board shall utiliu
the speaker's podium 10 allow their eommenls to be recorded. and shall
idenllfy Ihem,e1vcs b]" naOle ond local oddre~scs. if opplicable. Furtber.
;my spl'nkcr speaking on bch31f or an organization or group of individuals
(exceeding five) ,hall indicale such and shall cite the source of such
~Iulhority whether by rcqll~st. petilion, vote, or otherwise.
(a) Time Limitation Guidcline~, It is expecled th.lt presentations will
be organized and efficiently prescntcd. As a guideline 10
presentations, in addition 10 the wrillen eommenls submitted as
part or the preliminary record, it is expected that persons in lhe
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Call owing status will prcp01rc their discussions and comm~nts to
be eompleled wilhin Ihe preserihed lime limils:
I. Slarf ,h:111 he responsible for summorizmg lhe item ror
lhe Board and shall limit such presentation to a maximum
or lwenly (20) minules.
2, For advertised public hearing items (olher than those
\\'hich 3re qUOlfii-jm!iciol in nature). where there is an
applieaot other than the Uoard or Counly Commissioners
or stafr. following the slaff summary of Ihe item the
applicant will have an opportunity to make a maximum
(10) minute presentaliun.
J. Persons who have been authorized (0 represent an
organization wilh five (5) or more members or a group of
five (5) or more persons should limit their presentation lO
len (10) minutes. It i, expecled that others in the
organiz::lIion or group waive their lime.
4. AI/other persons may 'peak ror a maximum or five (5)
minutL's cacho
5. No 'peaker may give his or her time to any olhcr speaker.
AI Ihi: diserelion or the Chainnan. the lime allowed for
~my sp~nkcr m.;:lY be extended
(h) Speaker Rec;'I,"lion. Persons. olher than stafr "nd the applicanl
(where applicable). wishing 10 speak on an Jdvertised public
hearing ilem sholl. prior to lhe item being heard, regisler with the
County Administrator on the fonns provided. Five (5) or more
persons deemed by the floard to be associated logether or
otherwise represent J common poinl of view. as proponenls or
opponents on any item may be fequesled 10 select il spokesperson.
(2) M isccllanc-otls hems:
(a) OrL!anizollonal or (irmm Snc::Jkcr!<O. Prior 10 m::Jking hislhcr
l:ommcllll\. any person representmg oJn organlUltion or other
persons shall indieale \\'ho he/she represents and how be/she
received authorizauoo 10 speak 00 behalf of such organization or
group or pe'5Oo,. The Boord may make further Inquiry ;nto the
rcpn:scntcd nUlhorily of such pC'Tson if necessary,
(h) RC!'lril~lions on Cllmmcnb. Deemed Not Gcnnanc to the Item.
Nnl\vilh!'tanding ~my rrm'isions herein. any BO::lrd member fll::lY
inlcmJpt <lndlor stop :Jny prcsentnlion Ihat discusses nlat1cr!\ that
nt:L:d !lot he t'nnsiucrcLi in deciding the- malleT then before the
Board for consideral;on. AI any Board proee~ding. the Chamnan.
uniC'ss o\'crnded hy majority of the Board mC'mbers present, may
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restrict or tcrminlltc presentations which in the chOlinnan's
judgment arc frivolous. unduly repelitive or oul of order.
(c) Puhlie Omeia!s. NOlwithstaoding other provisioos hereof. the
lloard may allow aoy elected or appoioted public omeial or
represenlative thereof. to appear aod make preseolalioos at any
lime with regard to matters under eoosideratioo.
(d) Continued Puhlie Ilearines. In aoy maller where it is koowo tlull a
scheduled public heariog will be eootioued to a future date
certain. Ihe staff report may be abbre,-iated and public eommeol
may he limited 10 th"se pers"os who Slale that they believe they
cannot he available 10 speak on the dale 10 which the public
hearing is bcinJ; continued. Such persons m:J.Y make their
comments at the current meeting; provided, howevcr. that upon
miJking: their comments. such persons shall .waivc the right to
repeat or make substaot1Ully the same preseotatioo al any
subsequeot meeting on the same subject.
D. Olher Acendn Items Bcfore the Board: In addition to public hearing, public
commcnl and public pel it ion items, with the approval of the Board. members of
the public may speak on othcr Board agenda items.
I. Recistratioo: Persons wishing to speak on agenda items other than adveT1ised
public hearing items. public comment 00 general topics aod public petition items.
shall register 10 speak 00 the fonn provided by the Counly prior 10 Ihe item being
called hy the Chairm,n to he heard.
II Time l.imits: Where the Board has requested or otherwise authorized public
input on agcnda items other than public hearing. public comment on general
topic. or public pClitions items. speakers will be limiled 10 a maximum of 5
minut~s.
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COLLIER COUNTY LAND DEVELOPMENT CODE
b.
10.02.02 F.3.
Site plans, other final development permits or certificates of occupancy issued in
violation of the prohibition of this section are deemed to be invalid, and shall not
confirm or vest any development right or property interest on the ownerloperator or
regulated development.
10.02.02 E.1.
F. Requests for Interpretations.
1. Initiation. An interpretation may be requested by any affected person, resident, developer,
land owner, government agency or department, or any person having a contractual interest in
land in Collier County.
2. Procedures.
a. Submission of request for interpretation. Requests for interpretation must be submit.
ted to the County Manager or his designee or chief building official ("officials") in a
form established by him. Each request must identify the specific land development
code or building code citation to be interpreted. Each request for interpretation must
be accompanied by the appropriate fee as set forth in the fee resolution adopted by
the board of county commissioners. Under no circumstances may the request for
interpretation contain more than three issues or questions. It must not contain a
single question with more than three sub-issues or questions. If it is determined by
the appropriate official that the request for interpretation contains more than three
issues, the applicant will be required to submit a separate request accompanied by
the applicable fees.
b. Determination of completeness. After receipt of a request for interpretation, the
appropriate official must determine whether the request is complete. If the appropri-
ate official determines that the request is not complete, he must selVe a written notice
on the applicant specifying the deficiencies. The appropriate official will take no
further action on the request for interpretation until the deficiencies are remedied.
i. Notification of affected property owner. Where a site specific interpretation
has been requested by a party other than the affected property owner, Collier
County shall notify the property owner that an interpretation has been
requested concerning their property.
c. Rendering of interpretation. After the request for interpretation has been determined
complete, the County Manager or his designee or chief building official, whichever
is applicable, shall review and evaluate the request in light of the growth management
plan, the future land use map, the Code and/or the official zoning atlas, and building
code related matters, whichever is applicable, and render an interpretation. The
County Manager or his designee and the chief building official may consult with the
county attorney and other county departments before rendering an interpretation.
Prior to the release to the applicant of any interpretation, the interpretation shall be
reviewed by the county attorney for legal form and sufficiency. Interpretations made
pursuant to this section shall be rendered within 45 days of issuance of a
determination of completeness made pursuant to section 10.02.02 F.2.b. above.
3.
Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail
return receipt requested.
Supp. NO.2
LDC10:20
10.02.02 FA.
4.
14
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.02 F.5.
Official record. The County Manager or his designee shall maintain an official record of all
interpretations rendered by either the County Manager or his designee or chief building
official, which shall be available for public inspection during normal business hours.
a. Notice of interpretation. The County Manager or his designee shall provide public
notification upon the issuance of an interpretation. For general interpretations of the
building code, Growth Management Plan or Land Development Code, notice of the
interpretation and appeal time-frame shall be advertised in a newspaper of general
circulation in the County. For interpretations affecting a specific parcel of land, notice
of the interpretation and appeal lime-frame shall be advertised in a newspaper of
general circulation, and mail notice of the interpretation shall be sent to all property
owners within 300 feet of the property lines of the land for which the interpretation is
effective.
b. Effective time limits of an interpretation. An interpretation rendered by the County
Manager or his designee or the building official, as the case may be, shall remain in
effect until the appropriate Code section is amended to clarify the applicable provision
or provisions which warranted the interpretation, or until such time as the interpre-
tation is adopted, modified, or rejected as a result of an appeal to the board of zoning
appeals and/or the building board of adjustments and appeals, by the applicant or
other individual or entity identified in section 10.02.02 F.1. above. From the time the
interpretation is rendered and the time the appropriate Code section is amended, or
in the case of an appeal, until such time as the board of zoning appeals and/or
building board of adjustments and appeals has rendered its finding, no further
request for interpretation regarding the same issue shall be permitted.
5. Appeal to board of zoning appeals or building board of adjustments and appeals.
a.
Within 30 days after receipt by the applicant or affected property owner of a written
interpretation sent by certified mail retum receipt requested by the County Manager
or his designee or chief building official, or within 30 days of publication of public
notice of interpretation, the applicant, affected property owner, or aggrieved or
adversely affected party may appeal the interpretation to the building board of
adjustments and appeals for matters relating to building and technical codes as
shown in division 1.18 or to the board of zoning appeals for all other matters in this
Code. For the purposes of this section, an affected property owner is defined as an
owner of property located within 300 feet of the property lines of the land for which the
interpretation is effective. An aggrieved or affected party is defined as any person or
group of persons which will suffer an adverse effect to an interest protected or
furthered by the Collier County Growth Management Plan, Land Development Code,
or buiiding Code{s). The alleged adverse interest may be shared in common with
other members of the community at large, but shall exceed in degree the general
interest in community good shared by all persons.
b.
A request for appeal shall be filed in writing. Such request shall state the basis for the
appeal and shall include any pertinent information, exhibits and other backup
information in support of the appeal. A fee for the application and processing of an
appeal shall be established at a rate set by the board of county commissioners from
time to lime and shall be charged to and paid by the applicant. The board of zoning
Supp. NO.3
LDC10:21
f'\A
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.02 F.5.
10.02.03 A.2.
appeals or the building board of adjustments and appeals, whichever is applicable,
shall hold an advertised public hearing on the appeal and shall consider the
interpretation of the County Manager or his designee or chief building official,
whichever is applicable, and public testimony in light of the growth management plan,
the future land use map, the Code or the official zoning atlas, or building code related
matlers, whichever is applicable. The board of zoning appeals or the building board
of adjustments and appeals, whichever is applicable, shall adopt the County Manager
or his designee's or chief building official's interpretation, whichever is applicable, with
or without modifications or conditions, or reject his interpretation. The board of zoning
appeals or the building board of adjustments and appeals, whichever is applicable,
shall not be authorized to modify or reject the County Manager or his designee's or
chief building official's interpretation unless such board finds that the determination is
not supported by substantial competent evidence or that the interpretation is contrary
to the growth management plan, the future land use map, the Code or the official
zoning atlas, or building code, whichever is applicable.
c. Time limitations on appeals. Any appeal that has not been acted upon by the
applicant within six months of the applicant filing the appeal will be determined to be
withdrawn and cancelled unless extended by the BCC. Further review and action on
the appeal will require a new application subject to the then current code.
(Ord. No. 04-72, ~ 3.Z; Ord. No. 05-27, ~ 3.TT; Ord. No. 06.07, ~ 3.5)
10.02.03 Submittal Requirements 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 further
intended to ensure that the proposed development complies with fundamental planning and
design principles such as: consistency with the county's growth management plan; the layout,
arrangement of buildings, architectural design and open spaces; the configuration of the
traffic circulation system, including driveways, traffic calming devices, parking areas and
emergency access; the availability and capacity of drainage and utility facilities; and, overall
compatibility with adjacent development within the jurisdiction of Collier County and
consideration of natural resources and proposed impacts 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 therefrom:
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).
b.
Townhouses developed on fee simple lots under individual ownership, provided that
a fee simple townhouse plat is approved in accordance with the provisions of section
10.02.04.B.4.
c.
Underground construction; utilities, communications and similar underground con.
struction type activities.
Supp. NO.3
LDC10:22
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CO?~ of OT
March 17, 2008
The Collier County Board of County Commissioners
Naples, FL 34108
RE: INTP-2008-AR-12880, the Collier County Board of Commissioners is requesting an
Official Interpretation to determine the legal preserve setback requirement with respect to those
properties which border preserves within Olde Cypress. The subject property is the Olde
Cypress PUD, Section 21, Township 48, Range 26, Collier County, Florida.
Dear Board of County Commissioners:
You have asked me to render an official interpretation regarding the legal preserve setback
requirement with respect to any buildable lot or parcel subject to or abutting a protected/preserve
area as required by the Land Development Code (LDC), specifically for those properties which
border designated preserve lands within the Olde Cypress Planned Unit Development (PUD)
Ordinance No. 86-75 as amended (Ordinance Nos. 96-64; 99-27; 99-92; 00-37). Pursuant to the
Collier County Land Development Code Chapter 10, subsection 10.02.02.F.1. you are authorized
to request this interpretation. Specifically, you ask to provide an official interpretation as to the
following question:
What is the legal preserve setback requirement with respect to those properties which
border preserves within Olde Cypress?
You then ask that in preparing my response, to address or rebut the issues raised in the attached
letter dated December 12,2007, by Margaret Cooper (see attached Exhibit 1). Because the
official interpretation request is not exclusive to the single property which is the subject of Ms.
Cooper's letter (Grider Residence) nor did Ms. Cooper ask for an official interpretation pursuant
to Land Development Code (LDC) sections 1.06.00 and 10.02.00 in the required manner, it is my
opinion that I am constrained from specifically evaluating the contents of Ms. Cooper's letter as
part of an official position with respect to her client's property as part of this interpretation.
However, upon review of her December 12th letter, I am of the opinion that her points are
addressed as a result this response to your request for interpretation.
Based on the provisions of the Collier County Land Development Code (LDC) and the aide
Cypress PUD, it is my opinion that the structures located on properties which are adjacent to
protected preserve areas in the Olde Cypress PUD are subject to the development standards of
the Land Development Code for preserve setbacks for a distance of 25 feet for principle
structures and 10 feet for accessory structures. A summary of my opinion is set forth as follows
which is then followed by detailed analysis:
1. Because the PUD does not provide for a specific preserve setback requirements nor does
it expressly waive the preserve setback requirement in the LDC, the preserve setback
standards as set forth in the LDC, apply. The PUD expressly states that "Unless
specifically waived through any variance or waiver provisions from any other applicable
regulations, the provisions of those regulations not otherwise provided for in this PUD
are required to remain in full force and effect" A preserve setback requirement was not
1A
expressly provided in the PUD as an alternative to the LDC preserve requirement,
therefore, it is my opinion that the preserve setback requirements in the LDC shall apply
to development in this PUD.
2. The Olde Cypress PUD specifically states that the development standards contained in
the PUD are not the only development standards applicable to development within the
PUD and in fact are iotended to work together with the regulations contaioed in the LDC,
where applicable, at the time of issuance of a development order to which the specific
standard pertains. The Olde Cypress development contains a dedicated
preserve/conservation area, therefore for properties abutting or subject to the preserve,
the preserve setback requirements of the LDC are applicable to those properties Mthin
this project.
3. The Olde Cypress PUD specifically states that the PUD master plan is considered a
conceptual design and also notes that the actual or true development plan wil1 be
established as a result of the preparation of the required plats and site plans in accordance
Mth the rules set forth in Divisions 3.3 and 3.2 of the LDC (Ordinance No. 91-102).
Division 3.2 of the LDC contains the regulations pursuant to the design standards for the
required improvements for subdivisions and io fact contains the specific regulations for
preserve setbacks for principal and accessory structures. Therefore, it is clearly evident
that the development standards in the POO were not intended to be the exclusive
standards governing development within the POO and that it was intended that the PUD
development standards work in conjunction Mth the applicable development standards in
the LDC. The project contains protected preserve areas therefore the preserve setback
requirements of the LDC are applicable to development in this project.
4. The Collier County Land Development Code itself specifically requires all development
regulations and other applicable provisions of all County ordinances, such as, but not
limited to, all provisions of the Collier County Land Development Code, as may be
amended, shall apply unless specifically modified by the approved PUD Document and
PUD Master Plan. There is no specific modification to the preserve setback requirements
of the LDC set forth in the Olde Cypress PUD or the LDC. There are similarly situated
PUD zoning districts which modify the preserve setback requirements of the LDC Mthin
the PUD. As such, the preserve setback requirements as set forth in the LDC are
applicable to the Olde eypress PUD.
The preserve setbacks are established by composition and by definition, in the Collier County
Land Development Code. In fact there are primarily three different types of setback standards
established by the LDC: principle structure setbacks, accessory structure structures and preserve
setbacks. The term "Preserve setbacks" is clearly defined Mthin Ordinance No. 91-102 as
amended, which is the version of the LDC largely in affect at the time of development order
applications for the Olde Cypress PUD and is described below.
Preserve setback: The difference measuredfrom the boundary of a conservation easement or
platted preserve tract in which no principal structure may be constructed (See division 3.2).
Page 2 of7
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First, to provide some background, in 2004, Ordinance No. 04-41 effectively "reorganized" the
entire LDC without changing its content (see Paragraph 5, Conflict and Severability, of
Ordinance No. 04-41, as amended provisions of the previously adopted LDC shall apply in the
event of a conflict). Therefore, although the definition for preserve setbacks is not present in the
current LDC (Ordinance No. 04-41, effective October 18,2004), the text requiring the same
preserve setbacks is still present and in force and in effect (see 3.05.07.H.3.a and 10.02.04. B.1.,
Ordinance No. 04-41).
The setbacks for properties which abut designated preserve areas was established in the 1991
LDC. Preserve areas are required by the LDC to be shown conceptually on a PUD Master Plan at
the time of rezoning. After zoning approval, the legal descriptions and boundaries of the preserve
are more specifically identified on a preliminary subdivision plat which is currently reviewed
and approved administratively, however was formerly required to be approved by the Collier
County Planning Commission. The final plat, which follows approval of the preliminary plat, is
approved by the Board of County Commissioners and is then recorded before building permits
are issued, prior to the beginning of vertical construction. The preliminary subdivision plat for
Olde Cypress, was approved on March 4,1999 (CCpe Resolution No. 99-14); specifically, the
preliminary subdivision plat approved Tract "A" as a conservation (preserve) tract as did the
fmal plat which also identified the specific legal description and boundaries of Tract "A". Tract
"A" included on the final plat for aide Cypress was recorded on April 27, 1999.
Ordinance No. 91-102 (LDC), adopted on October 30, 1991, Division 3.2, subsection
3.2.8.4.7.(3) establishes the requirement for protected/preserve areas and easements and the
requirement for additional setback regulations applicable to those structures that abut preserve
areas and reads in part as follows:
Protected/Preserve Area and Easements. A non-exclusive easement or tract in favor of
Collier County, without any maintenance obligations, shall be provided for all
"protected/preserve" areas required to be designated on the preliminary and final
subdivision plats. Any buildable lot or parcel subject to or abutting a protected/preserve
area required to be designated on the preliminary and final subdivision plats shall have a
minimum twenty-five foot (25 ) setback from the boundary of such protected/preserve
area in which no principal structure may be constructed. Further, the preliminary and
final subdivision plats shall require that no alteration, including accessory structures . . .
. shall be permitted within such setback area without the prior written consent of the
Development Services Director; provided, in no event shall these activities be permitted
in such setback areas within ten feet (J 0 ) . . . .
This provision was originally found only within the subdivision standards (Division 3.2,
Subdivisions, Ordinance No. 91-102) but was later (2003) copied and moved to a separate
"preserve area standards" section of the LDC, specifically subsection 3.9.9.5.6.(4). as an
amendment to Ordinance No. 91-102, adopted on June 16,2003. This text relocation did not
alter the same preserve setback requirements of25 feet and 10 feet adopted in 1991, although it
did modify the setback language to allow for some impacts such as placement of fill within the
first 10 feet of the preserve area. The amendment also added additional dimensional standards to
the preserve area and increased the amount of preserves that must be created in relationship to
the size of the parcel. Consequently the Board voted to adopt language which did "exempt"
certain development order applications which were submitted and deemed sufficient prior to
Page 3 of?
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June 16,2003 from compliance with these new regulations in Section 3.9.5.5.6. as they related to
the additional standards for native vegetation described above. Because this 2003 amendment did
not modify the setback requirement which as been in the LDC since 1991, the exemption
language set forth in the 2003 amendment does not apply to the preserve setback requirements,
which still apply to Olde Cypress today.
It's important to note that the definition for "Preserve Setback" as cited above is contrary to the
text in section 3.2.8.4.7.(3) noted above, specifically because the definition limits the
applicability ofa preserve setback to principal structures only, where section 3.2.8.4.7.(3) sets
forth preserve setback requirements to both principal and accessory structures. This discrepancy
is remedied through the application of Chapter I, Section 1.03.01.D. of the LDC which states
that where any provision of these regulations, the GMP or any other law or regulation in effect in
Collier County, Florida, imposes greater restrictions upon the subject matter than any other
provision of these regulations. . .. then the provision imposing the greatcr restriction or
regulation shall be deemed to be controlling. For that reason, despite the difference in the
definition and the implementing regulations, which I believe was simply an oversight; it is my
opinion that preserve setback requirements are applicable to both principal and accessory
structures.
Pursuant to point number I above, the relevant succession of PUD ordinanccs governing the
aide Cypress development have continuously contained language which states that "unless
specifically waived through any variance or waiver provisions from any other applicable
regulations, the provisions of those regulations not otherwise provided for in this PUD shall
remain in full force and effect." (See section 3.04.E Ordinance No. 99-27; section 3.04.E.
Ordinance No. 2000-37). Section 3.04 of the Olde Cypress PUD Ordinance (Ordinance No.
2000-37) reads in part as follows:
. . . . . . . . .. unless specifically waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not otherwise
providedfor in this pun remain infullforce and effect.
The LDC has a specific requirement for preserve setbacks, as it also has specific requirements
for principal and accessory setbacks in each zoning district. The Olde Cypress PUD
development standards define the setback requircment only for principal and accessory structures
and the PUD zoning ordinance does not waive or rcference the additional setback requirement
for structures abutting preserve areas as set forth in the LDC. Absent a specific setback
provision to the preserve areas, in accordance with the requirements of the PUD and LDC, one
must revert to the LDC setback standards to preserve areas which, as stated above, are separate
and distinct requirements from the development setback standards for principal and accessory
structures. Furthermore, there are other PUD zoning districts that have been approved by the
County which set forth separate and distinct regulations for preserve setbacks.
Pursuant to point number 2 the PUD text recognizes that the PUD ordinance is not an all-
inclusive document when it comes to development regulations. See Section 3.04A Ordinance
Nos. 2000-37; 99-92; 99-27; 2.07- 96-64, aide Cypress PUD which reads as follows:
Page 4 of7
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. . ..development shall abide by the regulations within this PUD and any applicable LDC
regulations (emphasis added) appropriate to and in effict at the time of issuance ofarry
development order to which said regulations relate which authorizes the construction of
improvements.
The Olde Cypress PUD contains preserve areas. The LDC requires specific setbacks to preserve
areas. The Olde Cypress PUD fails to set forth its own specific set of regulations for setbacks to
preserve areas as countless other PUD ordinances approved in the County have. Therefore,
absent distinct and specific regulations in the Olde Cypress PUD ordinance, the PUD itself, as
well as the LDC, requires the LDC standards for setbacks to preserves to apply to development
in the Olde Cypress PUD.
Pursuant to point number 3 above, Section 7.03 of the Olde Cypress PUD ordinance (Ordinance
Nos. 99-27 and 2000-37) states that the actual acreages shown on the PUD master plan are based
on conceptual design and are approximate. The PUD goes on to state that actual acreages of all
development tracts will be provided at the time of site development plan or preliminary
subdivision plat approvals which will be in accordance with Division 3.3 and 3.2 respectively of
the Collier County Land Development Code. Division 3.2 of the LDC provides the requirement
for setback to preserves as noted above. The County has, since 1991, administratively reviewed
preliminary and final subdivision plats for compliance with the preserve setback requirements.
Specifically, during the review of preliminary and final subdivision plats, the County
Environmental staff, as part of its standard review checklist, regularly reviews each subdivision
application for compliance with the preserve setbacks, either pursuant to the requirements of the
LDC or pursuant to the PUD if a different set of preserve setback standards is adopted in a PUD
ordinance. Furthermore, the Olde Cypress Preliminary Subdivision Plat (CCPC Resolution No.
99-14) was specifically approved with an identified conservation/preservation tract (Tract "A")
and was subject to the following conditions:
1. Notwithstanding this Preliminary Subdivision Plat approval, conditions of development
imposed by arry prior development order, and all applicable provisions of the Collier
County Land Development Code remain in effect, and have superintending control over
arry subsequent development orders issued for the land covered by this PSP.
One can only conclude from reading these ordinances and development order approvals,
Divisions 3.2 and 3.3 of the LDC require development in the Olde Cypress PUD to be compliant
with the setbacks to preserves for the Olde Cypress PUD as does the conditions of approval of
the preliminary subdivision plat, as they are set forth in the LDC.
With respect to point number 4, Division 2.2 of Ordinance No. 91-102 was originally adopted
and then later amended for the PUD zoning district standards (therefore applicable to all PUDs),
reads in part as follows:
. . . . All development regulations and other applicable provisions of all County ordinances
such as, but not limited to, all provisions of the Collier County Land Development Code, as may
be amended, shall apply unless specifically modified by the approved PUD Document and PUD
Master Plan.
I
Page 5 of7
1A
As previously noted, there is no specific modification to the preserve setback requirements of the
LDC set forth in the Olde Cypress PUD. Contrary to the Olde Cypress PUD, there are similarly
situated PUD zoning districts which do specifically modify the preserve setback requirements of
the LDC Mtron the PUD ordinance. Because there is no specific modification as required, the
preserve setback requirements as set forth in the LDC are applicable to the Olde Cypress PUD.
Based on my analysis of the Olde Cypress PUD and the Collier County Land Development
Code, it is my opinion that for properties abutting preserve areas, a preserve setback of 10 feet
for accessory structures and 25 feet for principal structures shall be in effect and in this case,
clearly applies to development Mthin the Olde Cypress PUD. Because development order
applications related to the measurement of setbacks to preserves are contained in two areas of the
Land Development Code, the first in the subdivision regulations and the second in the
Preservation Standards Section (3.05.07; Ordinance No. 04-41), review for consistency Mth the
preserve setback requirements would occur at either or both the preliminary subdivision plat
phase of development and the building permitting phase of development.
There may be some question as to the applicability of the Native Preservation standards to single
family structures pursuant to Section 3.05.07 of Ordinance 04-41, specifically, Section 3.05.07
Preservation Standards, subsection A,2. and H. Section 3.05.07. refers to the requirements for
preservation of native vegetation (as defined by the LDC) in terms of amount and location
(Subsections A-G) and the native vegetation preservation design standards (identification,
minimum dimensions, required planting criteria,) in Subsection H. The regulations in section H.
may be a source of confusion. LDC Section 3.05.07. A.2. states that single family residences are
exempt from the requirements of section 3.05.07.H. However, the application of this subsection
must be read in totality with all of the regulations set forth in Section 3.05.07, Preservation
Standards. The Native Preservation standards themselves are clearly intended to apply to large
projects comprised of multiple residential tracts and lots or a combination of residential and
commercial land uses (or other types of mixed-used). Native preservation requirements
(applicability and amount) are to be met in accordance with the table 3.05.07. B.I. on page
LDC3:28.2. Section 3.05.07.H.3.a is clearly a duplication of the same setback provisions that
were found in the subdivision requirements of the LDC since 1991 and still exist today. The
significant intent of establishing the native preservation section in 2003 was to assemble
scattered provisions in the Land Development Code dealing Mth preservation requirements. The
exemption for single family was clearly only intended to apply to the preserve requirements, the
conservation easement requirement and the preserve management plan requirements as
calculated on a project basis and was intended to show that no preserves would existing within a
single family lot, but not that the preserve setbacks did not apply to the structures on a single
family lot. In conclusion, it is my opinion that the exemption for single family residences as
described in 3.05.07 H. is not intended to preclude a single family structure (principal or
accessory) from meeting the preservation setback requirements.
In conclusion, the Olde Cypress PUD failed to provide specific development standards for
setbacks from preserve areas as defined in the Collier County LDC. Where the PUD either fails
to provide specific development standards and/or fails to specifically deviate from requirements
in the LDC, the applicable provisions of the LDC are required to apply as clearly Slated they
should in the PUD itself. Subsequent LDC amendments providing for vegetation exemptions did
not exempt the setback requirements to preserves. In this case, development Mthin the PUD is
Page 6 of7
C.~
. .
. -
,~ ,,'
1t't
subject to the preserve setback standards as set forth in the LDC at the time of preliminary
subdivision plat approval and building permit application, specifically 25 feet for principal
structures and 10 feet for accessory structures.
Within 30 days of printing of the public notice, any adversely affected party may appeal the
interpretation to the Board of Zoning Appeals. An aggrieved or adversely affected party is
defined as any person or group of persons, who will suffer an adverse effect to an interest,
protected or furthered by the Collier County Growth Management Plan or the Land Development
Code. A request for an appeal must be filed in writing, must state the basis for the appeal, and
include any pertinent information, exhibits, or other back-up information in support of the
appeal.
The appeal must be accompanied by a payment of $1500.00 application and processing fee. If
payment is in the form of a check, it should be made payable to the Collier County Board of
County Commissioners. An appeal can be hand-delivered or mailed to my attention at the
address provided on this letterhead.
Sincerely,
Susan M.lstenes, AlCP
Director, Department of Zoning and Land Development Review
Cc: Collier County Planning Commission
Joseph K. Schmitt, Administrator, Comm. Development & Env.Services Div.
William D. Lorenz, PE, Director Engineering and Environmental Services
Jeff Klatzkow, Assistant County Attorney
Ray Bellows, Manager, Zoning Department
Ross Gochenaur, Manager, Zoning Department
Page 7 of7
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JONES
FOSTER
JOHNSTON
& STUBBS, PA.
Attorneys and Counselors
Flagll:l' CCllIe!" Tower. Suite \ 100
505 Smllh l:laglcl Drive
Wesl Palm Bca!.:h. Florida :;:;-1-01
Telephone 15(1) 659-30()()
MflifillgAr/tI/1:'\\
PUSI Ollie!:" Box :1-1.75
West Palm BC:leh, Flmida J3.-H12-l.t7S
Margaret L. Cooper, Esquire
Direct Dial: 561-650-0464
Direct Fax: 561-650-0422
E-Mail: mcooper@jones-foster.com
May I, 2008
Via E-Mail,Facsimile and U.S. Mail
Susan M. Istenes, AICP, Director
Zoning & Land Development Review
Collier County Government
2800 North Horseshoe Drive
Naples, FL 34104
RE: Grider Residence - Olde Cypress
Appeal to Official Interpretation No. 2008-AR-12880
Our File No. 25190-1
Dear Ms. lstenes:
This letter is to supplement my prior letter to you concerning the above appeal.
I have now received information per our public document request as to when the 1991 LDC Sec.
3.2.8.4.7(.3) was amended. Copies of the LDC amendment and Staff's Executive Summary are
enclosed. LDC Sec. 3.2,8.4.7(3) deals with setbacks to preserves. It codified the County's policy to
defer to agency buffering as the preserve setback for lot location on the plats. I found that
Ordinance No 04-08 did in fact amend this section by removing the required deference to agency
buffering and making the 25 foot County setback an addition to agency buffering. This amendment
was voted on at the BCC hearing of 1/29/04 and became effective 2111/04,
Staff's Executive Summary for this amendment described this change as follows:
Change: Adding language to reflect the preliminary subdivision plat (PSP) process
will hereafter be optional.
Reason: This change is being effectuated to allow the developer flexibility and to
save time and efforts currently expended by Staff
Fiscal Impact: None noted.
I have the following comments as to this.
(I) The Executive Summary was misleading by omission, Granted, there was a change
in Sec. 3,2.8.4.7(3) which also coordinated with the modification to Division 3.2 dealing with
www jones-foster,colll
~A
Susan Istenes, AICP, Director
Zoning & Land Development Review
May 1, 2008
Page 2
preliminary subdivision plan review, which is now optional. But, there was nothing in the
Executive Summary which reflected the significant change to eliminate the deference to the agency
buffering requirements for preserve setbacks. This was the primary modification to Sec.
3.2.8.4.7(3). The optional nature of the preliminary subdivision plan review is dealt with elsewhere
in Div. 3.2. The designation in the Executive Summary relating to the specific Section 3.2.8.4.7(3)
was in innocuous terms involving preliminary plat review, which gave no indication of the
significance of removal of the buffering language.
(2) The Executive Summary also reflects there would be no fiscal and operational
impacts. If this change was intended to apply retroactively to grand fathered PUDs and plats, it
would have had a tremendous impact. The way that the preserves in wetland areas were historically
platted was to draw the lot line adjacent to the "conservation area." The "conservation area"
included both the wetlands preserve and the buffering (setbacks). After initial platting, preserve
setbacks were no longer a consideration.
Because the Grider line has a side yard abutting the conservation tract, if the LDC amendment was
intended to apply retroactively to Olde Cypress, the setback would increase from 5 feet to 25 feet.
In other areas in Olde Cypress, the back yard setback would increase from 20 feet to 25 feet. If this
change applies to previously grandfathered platted subdivisions, such as Olde Cypress, the impact is
tremendous - 5 to 15 feet of buildable land being taken. As you know, there are hundreds of cases
involved outside Olde Cypress. If the amendment applies retroactively to grandfathered PUDs and
plats, this would have tremendous fiscal impact in terms of liability to the County for taking
property by way of regulatory practices.
The Executive Summary advised that there was no fiscal impact. This is additional evidence that
these changes were not intended to apply to already platted lots in grandfathered PUDs.
Please add the enclosed to our Exhibit Notebook as Exhibit 27(1) ORD 04-08 Revisions to LDC
Sec. 3.2.8.4.7(3) Preserve Setbacks - Platting.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
By (b~i:~
Margare . Cooper
MLC:smm
Enclosures
cc: Joseph K. Schmitt (w/encls. via e-mail and U.S. Mail)
Jeffrey A. Klatzkow, Esq., Chief Asst. County Attorney (w/encls. via e-mail and U.S. Mail)
Craig D. Grider and Amber C. Grider (w/encls. via e-mail and U.S. Mail)
P:\DOCS\25I 90\OOOOl\L 1 R\] 356423 -DOC/istencs re supplemenl to appeal
1A
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Russell Webb
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: Cycle 3, 2003
LDC PAGE:
LDC3:44.2-45
LDC SECTION:
3.2.8.4.7.
LDC SUPPLEMENT #:
Supplement 13 and 14
CHANGE:
Adding language to reflect that the preliminary subdivision plat (PSP)
process will hereafter be optional.
REASON:
This change is being effectuated to allow the developer flexibility and to
save time and effort currently expended by staff.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS: 3.2.7.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES: None.
Amend the LDC as follows:
3.2.8.4.7. Easements.
I. Utility easements. Utility easements no Jess than ten feet wide, unless otherwise
approved by the development services director pursuant to section 3.2.7.2, shall
be provided to accommodate all required utilities to, across, or along lots and,
where possible, shall be centered on lot lines with convenient access for
maintenance. Utility easements and drainage easements shall not be combined
without prior approval of the development services director; drainage easements
shall take precedence and be so noted on the final subdivision plat.
All utility easements for water and sewer facilities that will be conveyed to the
Collier County Water-Sewer District shall be separately identified and dedicated
on the final subdivision plat as "County Utility Easement" (C.D.E.) A IT'""'
a minimum of 15 feet wide unless otherwise approved by the Coli er CNll!nty
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(i c{- --0 JAN 2 9 2004
Pl!. ( to 9
fA
utility division. Except when crossing other easements, such easements shall not
be inconsistent with other existing utility easements, or later subjected to uses
inconsistent with the use of the easement area for utility purposes unless
otherwise approved by the Collier County utility division pursuant to the
conditions in section 3.2.7.2.
2. Drainage easements. Drainage easements shall be provided to accommodate
open drainage facilities at a width no less than a total of ten feet. The actual size
of the easement in excess of the ten-foot minimum shall be determined based on
the hydraulic design of the flowway and the use of bank stabilization approved
by the development services director or minimum side slopes at a four to one
ratio, without stabilization.
Where underground drainage structures are installed, the easement width shall
be sized to accommodate construction, maintenance and replacement of said
structures. In no case shall said easement be less than 15 feet in width, unless
otherwise approved by the development services director pursuant to section
3.2.7.2.
When a subdivision or development includes or requires access across canals,
watercourses, water bodies, streams, drainageways, channels, naturally
occurring wetlands (that are to be preserved), or the like, a drainage easement
and adjoining maintenance/access easement shall be provided which conforrns
substantially to the lines of such watercourses unless otherwise approved by the
development services director pursuant to section 3.2.7.2. Maintenance and
access easements for the subdivision's or development's approved water
management system shall be created and sized in compliance with the rules and
regulations of the South Florida Water Management District, as amended. For
canals or waterways maintenance/access easement shall be provided in
accordance with requirements of the entity with responsibility for
maintenance/access.
Drainage easements shall be created to provide for the flow of surface waters
from contributory areas.
3.
A ITEM '
(jjI)
JAN 2 9 2004
Pg.__ I 70
1A
subdivision plat if the applicant chooses not to submit the optional preliminary
subdivision olat. shall require that no alteration, including accessory structures,
fill placement, grading, plant alteration or removal, or similar activity shall be
perrnitted within such setback area without' the prior written consent of the
development services director; provided, in no event shall these activities be
permitted in such setback af1~a within ten feet of the protected/preserve area
boundary, , ooleDs !fie $e\'e seteaeks are 1i88eHljllished threllgH BliffeRng
pmsuaftt te seeBen 3.::l.E.3.4. Additional rel!l11ations regardinl! preserve
setbacks and buffers are located in Division3.9. and shall be applicable for all
preserves. rel!ardless if thev are platted or simolv identified 'hv recorded
conservation easement.
The boundaries of all required easements shall be dimensioned on the final
subdivision plat. Required protected/preserve areas shall be identified as
separate tracts or easements having access to them from a platted right-of-way.
No individual residential or cornmerciallot or parcel lines may project into them
when platted as a tract. If the protected/preserve area is determined to be
jurisdictional in nature, verification must be provided which documents the
approval of the boundary limits from the appropriate local, state or federal
agencies having jurisdiction and when applicable pursuant to the requirements
and provisions of the growth management plan. All required easements or tracts
for protected/preserve areas shall be dedicated and also establish the permitted
uses for said easement(s) and/or tracts on the final subdivision plat to Collier
County without the responsibility for maintenance and/or to a property owners'
association or similar entity with maintenance responsibilities. An applicant
who wishes to set aside, dedicate or grant additional protected preserve areas not
otherwise required to be designated on the preliminary subdivision plat and final
subdivision plats. or onlv on the final subdivision plat if the applicant chooses
not to submit the optional preliminary subdivision plat, may do so by grant or
dedication without being bound by the provisions of this section.
4. Improvement plans. The improvement plans for required improvements which
will be constructed within an existing easement must illustrate the existing
easement and existing facilities, and the proposed easement and the proposed
facilities. Copies of the improvement plans shall be provided by the applicant to
the holder ofthe easement(s) simultaneously with its submission to the county.
The review and approval of improvement plans does not authorize the
construction of required improvements which are inconsistent with existing
easement(s) ofrecord.
.,-~
ctJj~
AGEN:lA "..... .
No.
JAN 2 9 C'.!.
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rcspoDSibillty shall bel approved by the de. elsfllRllBt
AdminiwBtnr or bb desimee.
Proposed meets which are in alignment with other existing IDd named stReb shall bear the same
IllJlO of tho existing mm. Allltrect nllD~ shall have e suffix (i.c.. 5ircet" avenue. bouJC'VDJ'd.
::me. pi.... co.... ...,) md III DD case, _ ..lIldicotod ~ lb. ~B ~...1haJ1 lb.
Dam. of the prapooed Sll'Cel dIIplical. or be phDDotlcelIy.ImUer to [8D] _g Sll'Cel1l8lll'
..gllI'dJcssofth'lIICofthel1ll!ix.
All Itrcet names ahalI bel wbjcct to approval by the ....11IpBl1llC IIlFIiu8 dileetar ~
OoemliOll' DireoIor or hb d"l2n.. durIIlg Ib, ""llmiDllly I1IbdIvblcm plct sp""VIl_=
the finel 8U~ion D~t ~ the firm,J ?l~ and CODl:truetJon ,,11!lJ It the ~nn1icant chooses not to
submit the o"bona! DftIlnnmlUV subdMJIDfl Dim
8!PFiiBeS
dintMet' TranSDOrtlltion
1A
Pavement painting llDd striping lU1d1or appropria1e reflccttve edga of public: roadway m~
sholl be provided by lb. dev.lop..- as '"'I"ired by Iho US.D.O.T,PJI.W.A. Mmual on Unil'Dml
Traffic Coatrol Devices. WbCRl concrtlt valleyguuen border the ed,t of pavement and for
private roadwaya, dds requlmncnt. may be waived by tho d....lallmlRt l'f'I'luill diN"'.
Tran!lDortation Admfnlstmtnr or hi. desllZnee.
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3..2..8.3..25. !&!:I!I!L~ 'Y*m. OMltrel. A ~mpldc walcr dlstrlbunon IU1d b1UUmlsaion
systellllo include provhiDII for ~ potable ~ Imd f'lNM non-ootable frri"B!lan water lines,
and interim watt:r tn:atmCDt ee mleMlllaQr IRlHR_Rt and aupply facWtics, if'rcqWrad. eHIIlJUIIt
be provided or amploycd by tho appUcent. at no cort toColller County (or all subdivlsloDS and
developments. Non-ootahle lrripatirm Iinesmu!l be color-coded acmnHnll' to the CnIliEl" Cnl.lnty
Ordrrmltce and Technical Standmth. ~lIfIllli!1H<< Imaa"HIp&. ad sibil All intenul1 non..nntRlde
iniPJltion line! DUJnD!l and appu:rtcnmu:ca wiD not be maintained by Comer CoWl!:)'. Cowny
pomble water will not be pcnDittCld for irrigation unlcsa other aoun:cs of IftIP,I'tnnIRtal.b::rl<hm
wal:r ArC Dot permitted or a.va.ilabl~ :Dhe:refofta the developer will ncodto provide irrigatioa
wa1erfrom aaou:reeuntil~tbatrw:a. ......Wlt} 'a. iii ...1U~.Courrtvtl'l'DY\dedTKJn-nntIlh1c
Jniearion wzrtr:r b&eame!l ftwilitble. All fnc:IUties shall be constnJctcd m accordance with redend.
IOIle and loc:aJ ..gu1atJom. WhOll requIIOd; the water dis1ributioa IlIId transmission faeilili.. shllll
be COIlVeyed to Collier C01llIty. or the Collier County Water-S.wer Dis1ricl 0' oth.r rJcpendacl
district wh... appmpria... upon completioD of eoostruetion pumllllllto CouIIty llrdinanee No. BB.
76 [Code ch. 134, art. III], ., 8mtll.ded..
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3.1.8.4.7. EasemenlS.
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3. holecledlpt'elt!T'Ve ana and UlSunen/$. A Donexchuivc easement or trm:t in favor of Collier
County. without an)' malntc:n.aDCC obligBlion. shall be provided for ll1I "protcc:tcdlprcserve.
azus ~ to be desIgnated DO rhe preliminary and final subdlvbloa plata Dr nnlv on the
finlll lIubdlvblQn nl.et. If the ftnnllarst cboose!l not, to mbmlt the oDti:aJ :;;,b;b;;
subd.'viliotl ol!!. Any buildable lot or pan:el subject to "' abuUiDg I. pro1cdcdIprescrvc an:e
rcquWd 10 be desJgnatcd on tho pmliminmy aDd final subdMsloa plats. or onlY on the 6nal
subdlvldon Dlat if the ",DDtiCBnt chOO1:e3 not to 5tlbmft the oDliDnel mtll;':~; ;:WI~~on
DlIl. sball hlV. . mlllJmlll1l25.fDOl _ limn tho bOlllllho)' of l1ldl ~
.... In which DO princlpl. .."..". may be eoDllnlctod. Further, lb. ""Ilmbwy ODd finoI
subd1~ion p~ or onlv no the finJl.lmbdiviskm Dial H'the mollt.llnt chooset Dol to IlUbmft
th~ otrtionlll trrellminerv suhdJ,,!1riOn Dlat.. ahaU ~ that DO aJtr.mrlon. including aeccuory
structures. ~U placement. gmding. plant aJt:ration or removal. Dr simUu activity Wn be
~ within such ~ area without the prior written COlUlcnt of tho developmont
SeTVlcc:' ~r; provided. m DO event shill! these activities be permitted in web setback
M'C8 Wllhll] tr::o feet oflhCl protoctcdIprescrvc area bomtdllry~ I wdllJ5l1Le alul 1I11B\bn1Q are
.,,;?Il&h.d 1b.'.~b~_B ,...""" " ,,"",s J.2 B.31. ~~d:~ ::~~rn::'
"" "'.0""""'" se c and buff", '"" I""""'" In 01';';"" l.u. ~'U .nu, be .on'I......
for ell ~es ~ltIlrdle" irthevare DI~ ~!!!nl~t!f!~kY ~~~!:Q!!~!icm
"""'Dll!Il!.
Tho ~Undmies of:ill required clIScmenb shalJ be dimensioned on the final subdlvisloD plat
Roquired protected/preseryc areas JhaJI be identified as SepUaUl tmas or casements baving
l1CCCSS to them from II plsttcd right-of-way. No individual n::sidentieJ or commc:rciallot or
~I ~mcs may project ~to them when planed as a Inltt. If the protectedfpf"C$Crvc In:I is
detcrmmcd to be JumdictionaJ in nature, verification marl be provided which documClnlS tho
Pogo 108 ofl74
Words l>a=UGk t:!iAl'ugh are deleted. words lmderlined arc added
'1/4
epproval of the bom>dery limits from the appropriale local, _ or fcdoml og".I" having
Jurisdidloa ..d when opplicoble pumumt.. the RqUiJaD..13 IIId provlsioD5 of the growlh
management plan; AU required easeml:IIls or lnIClS for prolcctCdIP=l'IC areas shnll be
deiucaled llIld eI50 -'>!iJh 1bo penolUed ..... lbr said ......"'(.) end/or ""'" on lb. fme!
subdivisioil pi" .. CoW" CoWlty withoin 1bo _lbUIIy for maln1mllIlce end/or .. a
property oWRm' association or similarcntity with maintenance mponsibilitil:lS. An applicant
who wishca to set aside:. dcdiCll1C Dr grant additional protected prcscrvc tRU not otherwise
required to be dcsig;o.ated OD the preUminary subdivision plal and final subdivision pllls.Jtt
onlY on the final !lUbdivUion nla! If the !lDDllcaDt cI1DO!e!1 not to submit the ontionnl
nreJinlinllrY mbdividon bllt. mlJ)' do to by gnmt or dedication withDut being bound by the
provisions oflh1s scdion.
4 Imprav<mcnl pllW. Tho Imp..;vamant planJ for r<quired improvaman13 wblch will be
consuuctcd Withble existing easemCllt must Wustn1c the existing easement and existing
fuclliti"; and 1bo pn>posod .........and the Jll'lIIIO'Od fucllldas. Copl.. of the wprovam'"
pi.... sbaD be provided by the IIJlPfiCllllt III the bolder of tile ........(.) .imulbm....1y with
ItslUbmimloatoth._.
The I'C'Vkw and approvDl of improvement plans does Dol BUfborlze the toDstruction of
required improvements which In lnCODlistcnt with existing ClISClUlent(S) ofrecord.
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3.2.9.1.2. The linallUbdivlaioa plat sbaD eonfono to the IIJlPl"vcd p..limbwy IUbdivhbm plot..lf
the aonlicBJJt clm!le to nmmit a nrellmmarv subdivision olat. pmsaant to section 3.2..6J.3t. D!!
finlllllDhdmsioR Dlal ItIMI ahaU COIlStitutc 0DJy that portion of the apsnoved prelimlnBry aubdivliion
nhrt. IfllnnliCBble. which the applicantpropolel to c:onstruct within a finite period not 10 exceed 18
moatbs. The improvements required by thiS division wblchapply to the final subdivlsion plat &hBlI
be compl"'" wbbln 18 moatlu from Ibe cIaIo of epproval of tile fnlll pial nnJ... prior 10 th. 18.
month ~nstructioa period. a written request ror an extcnilim in time not cxce=dlng one year Is
appliod for IIDd approvod by the dcvclopmr:ntserv1ces adminlstrataror his dtJlpcc:. The appllamt
shall enter into a constrUction and malnUlllauce agreement with the counly, in a Corm 'acceptable to
the county anomey, which esabllshcs the lmDs and conditions for the constructiao. and
malrnezulDCCl of the ImpravcrDClDts requlrM during the ts..monlh comtructiou period (unlcss a
written extension request is lIJIP'OVed by the dc:velop11lu aervicca dirt:c:tor prior to the expiration
of the. 18-moDtb canstrucdoo pcriod), whether the final pla1: is approved ani)' or Dpprovcd nnd
recorded with the posting of a subdivisiOn performancc lIecwity. lblJ agreement shall be aubmitted
with the final ptal for review end approve.) and exec:utcd by all parties at the time of final plat
epproV1ll pe,..entioo 3.2"9.13.
.
.
.
.
.
.
SUBSECI10N 3.8. AMENDMENTS TO DlVISION 3.3~ SITE
DEVELOPMENT PLANS
DMSION 3.3., Site Development PllIDS, ofOnlinBnce 91-102, as
amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
.
.
.
.
.
.
See. 3.3.4. Es:cmpUoIlL
Due to its locrstioo or minimal implSCt on surrounding properties and probable minimallmpllCt5
und'7 the site devclopmCftt plml review standard cmtained in section 3.35.. standard applicat10n
rcquU'Cmcnts as dcscri*l in s=ion 3.3.6., may be waived in part or in fWl by the planning
servi.... ~ for agri~Iy..~ dcv~opmcnt osldantlfied iD the pcmiitl>d and a..."",.y
uses 1CdiOD: of the rural agneulturel zoning diJtrlct; bowever, a site improVCZDCZlt plan as; required
by senti... 3.3.7. addressiDg the IIJIPlication roqoiremeo13 deem'" ........,. by Ibe plenoing
services dircttor shall be submitted to the. planning department for IOview and approval.
pcg= 109 of 174
Words ~8J'C deleted, words tmdet1ined are added
1A
APPENDIX TO GRIDER APPEAL
OFFICIAL INTERPRET A nON
NO.2008-AR-12880
VOLUME 1
PROCEDURAL HISTORY
'7A
March 17,2008
The Collier County Board of County Commissioners
Naples, FL 34108
RE: INTP-2008-AR-12880, the Collier County Board of Commissioners is requesting an
Official Interpretation to determine the legal preserve setback requirement with respect to those
properties which border preserves within Olde Cypress. The subject property is the Olde
Cypress PUD, Section 21, Township 48, Range 26, Collier County, Florida.
Dear Board of County Commissioners:
You have asked me to render an official interpretation regarding the legal preserve setback
requirement with respect to any buildable lot or parcel subject to or abutting a protected/preserve
area as required by the Land Development Code (LDC), specifically for those properties which
border designated preserve lands within the Olde Cypress Planned Unit Development (PUD)
Ordinance No. 86-75 as amended (Ordinance Nos. 96-64; 99-27; 99-92; 00-37). Pursuant to the
Collier County Land Development Code Chapter 10, subsection 10.02.02.F.1. you are authorized
to request this interpretation. Specifically, you ask to provide an official interpretation as to the
following question:
What is the legal preserve setback requirement with respect to those properties which
border preserves within Olde Cypress?
You then ask that in preparing my response, to address or rebut the issues raised in the attached
letter dated December 12,2007, by Margaret Cooper (see attached Exhibit I). Because the
official interpretation request is not exclusive to the single property which is the subject of Ms.
Cooper's letter (Grider Residence) nor did Ms. Cooper ask for an official interpretation pursuant
to Land Development Code (LDC) sections 1.06.00 and 10.02.00 in the required manner, it is my
opinion tl1at I am constrained from specifically evaluating the contents of Ms. Cooper's letter as
part of an official position with respect to her client's property as part of this interpretation.
However, upon review of her December Izth letter, I am of the opinion that her points are
addressed as a result this response to your request for interpretation.
Based on the provisions of the Collier County Land Development Code (LDC) and the Olde
Cypress PUD, it is my opinion that the structures located on properties which are adjacent to
protected preserve areas in the Olde Cypress PUD are subject to the development standards of
the Land Development Code for preserve setbacks for a distance of 25 feet for principle
structures and] 0 feet for accessory structures. A summary of my opinion is set forth as follows
which is then followed by detailed analysis:
I. Because the PUD does not provide for a specific preserve setback requirements nor does
it expressly waive the preserve setback requirement in the LDC, the preserve setback
standards as set forth in the LDC, apply. The PUD expressly states that "Unless
specifically waived through any variance or waiver provisions from any other applicable
regulations, the provisions of those regulations not otherwise provided for in this PUD
are required to remain in full force and effect." A preserve setback requirement was not
1A
expressly provided in the PUD as an alternative to the LDC preserve requirement,
therefore, it is my opinion that the preserve setback requirements in the LDC shall apply
to development in this PUD.
2. The aIde Cypress PUD specifically states that the development standards contained in
the PUD are not the only development standards applicable to development within the
PUD and in fact are intended to work together with the regulations contained in the LDC,
where applicable, at the time of issuance of a development order to which the specific
standard pertains. The Olde Cypress development contains a dedicated
preservelconservation area, therefore for properties abutting or subject to the preserve,
the preserve setback requirements of the LDC are applicable to those properties within
this project.
3. The aIde Cypress PUD specifically states that the PUD master plan is considered a
conceptual design and also notes that the actual or true development plan will be
established as a result of the preparation of the required plats and site plans in accordance
with the rules set forth in Divisions 3.3 and 3.2 of the LDC (Ordinance No. 91-102).
Division 3.2 of the LDC contains the regulations pursuant to the design standards for the
required improvements for subdivisions and in fact contains the specific regulations for
preserve setbacks for principal and accessory structures. Therefore, it is clearly evident
that the development standards in the PUD were not intended to be the exclusive
standards governing development within the PUD and that it was intended that the PUD
development standards work in conjunction with the applicable development standards in
the LDC. The project contains protected prcserve areas therefore the preserve setback
requirements of the LDC are applicable to development in this project.
4. The Collier County Land Development Code itself specifically requires all development
regulations and other applicable provisions of all County ordinances. such as, but not
limited to, all provisions of the Collier County Land Development Code, as may be
amended, shall apply unless specifically modified by the approved PUD Document and
PUD Master Plan. There is no specific modification to the preserve setback requirements
of the LDC set forth in the Olde Cypress PUD or the LDC. There are similarly situated
PUD zoning districts which modify the preserve setback requirements of the LDC within
the PUD. As such, the preserve setback requirements as set forth in the LDC are
applicable to the aIde Cypress PUD.
The preserve setbacks are established by composition and by definition, in the Collier County
Land Development Code. In fact there are primarily three different types of setback standards
established by the LDC: principle structure setbacks, accessory structure structures and preserve
setbacks. The term "Preserve setbacks" is clearly deiined within Ordinance No. 91-102 as
amended, which is the version of the LDC largely in affect at the time of development order
applications for the aIde Cypress PUD and is dcscribed below.
Preserve setback: The difference measuredfrom the boundary of a conservation easement or
platted preserve tract in which no principal structure may be constructed (See division 3.2).
Page 2 of7
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First, to provide some background, in 2004, Ordinance No. 04-41 effectively "reorganized" the
entire LDC without changing its content (see Paragraph 5, Conflict and Severability, of
Ordinance No. 04-41, as amended provisions of the previously adopted LDC shall apply in the
event of a conflict). Therefore, although the definition for preserve setbacks is not present in the
current LDC (Ordinance No. 04-41, effective October 18,2004), the text requiring the same
preserve setbacks is still present and in force and in effect (see 3.05.07.H.3.a and 10.02.04. B.I.,
Ordinance No. 04-41).
The setbacks for properties which abut designated preserve areas was established in the 1991
LDC. Preserve areas are required by the LDC to be shown conceptually on a PUD Master Plan at
the time ofrezoning. After zoning approval, the legal descriptions and boundaries of the preserve
are more specifically identified on a preliminary subdivision plat which is currently reviewed
and approved administratively, however was forrnerly required to be approved by the Collier
County Planning Commission. The final plat, which follows approval of the preliminary plat, is
approved by the Board of County Commissioners and is then recorded before building permits
are issued, prior to the beginning of vertical construction. The preliminary subdivision plat for
Olde Cypress, was approved on March 4,1999 (CCPC Resolution No. 99-14); specifically, the
preliminary subdivision plat approved Tract "A" as a conservation (preserve) tract as did the
final plat which also identified the specific legal description and boundaries of Tract "A". Tract
"A" included on the final plat for Olde Cypress was recorded on April 27, 1999.
Ordinance No. 91-102 (LDC), adopted on October 30,1991, Division 3.2, subsection
3.2.8.4.7.(3) establishes the requirement for protected/preserve areas and easements and the
requirement for additional setback regulations applicable to those structures that abut preserve
areas and reads in part as follows:
Protected/Preserve Area and Easements. A non-exclusive easement or tract infavor of
Collier County, without any maintenance obligations, shall be providedfor all
"protected/preserve" areas required to be designated on the preliminary andfinal
subdivision plats. Any buildable lot or parcel subject to or abutting a protected/preserve
area required to be designated on the preliminary andfinal subdivision plats shall have a
minimum (v,lenty-fivefoot (25') setbackfrom the boundary of such protected/preserve
area in which no principal structure may be constructed. Further. the preliminary and
final subdivision plats shall require that no alteration, including accessory structures . . .
shall be permitted within such setback area without the prior written consent of the
Development Services Director; provided, in no event shall these activities be permitted
in such setback areas within tenfeet (10') . . . .
This provision was originally found only within the subdivision standards (Division 3.2,
Subdivisions, Ordinance No. 91-102) but was later (2003) copied and moved to a separate
"preserve area standards" section of the LDC, specifically subsection 3.9.9.5.6.(4). as an
amendment to Ordinance No. 91-102, adopted on June 16,2003. This text relocation did not
alter the same preserve setback requirements of25 feet and 10 feet adopted in 1991, although it
did modify the setback language to allow for some impacts such as placement offill within the
first 10 feet of the preserve area. The amendment also added additional dimensional standards to
the preserve area and increased the amount of preserves that must be created in relationship to
the size of the parcel. Consequently the Board voted to adopt language which did "exempt"
certain development order applications which were submitted and deemed sufficient prior to
Page 3 of7
1A
June 16,2003 from compliance with these new regulations in Section 3.9.5.5.6. as they related to
the additional standards for native vegetation described above. Because this 2003 amendment did
not modify the setback requirement which as been in the LDC since 1991, the exemption
language set forth in the 2003 amendment does not apply to the preserve setback requirements,
which still apply to aide Cypress today.
It's important to note that the definition for "Preserve Setback" as cited above is contrary to the
text in section 3.2.8.4.7.(3) noted above, specifically because the definition limits the
applicability ofa preserve setback to principal structures only, where section 3.2.8.4.7.(3) sets
forth preserve setback requirements to both principal and accessory structures. This discrepancy
is remedied through the application of Chapter I, Section 1.03.0I.D. of the LDC which states
that where any provision of these regulations, the GMP or any other law or regulation in effect in
Collier County, Florida, imposes greater restrictions upon the subject matter than any other
provision of these regulations. . . . then the provision imposing the greater restriction or
regulation shall be deemed to be controlling. For that reason, despite the difference in the
definition and the implementing regulations, which I believe was simply an oversight; it is my
opinion that preserve setback requirements are applicable to both principal and accessory
structures.
Pursuant to point number I above, the relevant succession of PUD ordinances governing the
Olde Cypress development have continuously contained language which states that "unless
specifically waived through any variance or waiver provisions from any other applicable
regulations, the provisions of those regulations not otherwise provided for in this PUD shall
remain in full force and effect." (See section 3.04.E Ordinance No. 99-27; section 3.04.E.
Ordinance No. 2000-37). Section 3.04 of the Olde Cypress PUD Ordinance (Ordinance No.
2000-37) reads in part as follows:
. . . . . . . . .. unless specifically waived through any variance or waiver provisions fi'om
any other applicable regulations. the provisions of those regulations not otherwise
providedfor in this PUD remain infullforce and effect.
The LDC has a specific requirement for preserve setbacks, as it also has specific requirements
for principal and accessory setbacks in each zoning district. The aIde Cypress PUD
development standards define the setback requirement only for principal and accessory structures
and the PUD zoning ordinance does not waive or reference the additional setback requiremcnt
for structures abutting preserve areas as set forth in the LDC. Absent a specific setback
provision to the preserve areas. in accordance with the requirements of the PUD and LDC, one
must revert to the LDC setback standards to preserve areas which, as stated above, are separate
and distinct requirements from the development setback standards for principal and accessory
structures. Furthermore, there are other PUD zoning districts that have been approved by the
County which set forth separate and distinct regulations for preserve setbacks.
Pursuant to point number 2 the PUD text recognizes that the PUD ordinance is not an all-
inclusive document when it comes to development regulations. See Section 3.04A Ordinance
Nos. 2000-37; 99-92: 99-27; 2.07- 96-64, aIde Cypress PUD which reads as follows:
Page 4 of 7
7A
. . ..development shall abide by the regulations within this PUD and any applicable LDC
regulations (emphasis added) appropriate to and in effect at the time of issuance of any
development order to which said regulations relate which authorizes the construction of
improvements.
The OIde Cypress PUD contains preserve areas. The LDC requires specific setbacks to preserve
areas. The aIde Cypress PUD fails to set forth its own specific set ofregulations for setbacks to
preserve areas as countless other PUD ordinances approved in the County have. Therefore,
absent distinct and specific regulations in the aIde Cypress PUD ordinance, the PUD itself, as
well as the LDC, requires the LDC standards for setbacks to preserves to apply to development
in the aIde Cypress PUD.
Pursuant to point number 3 above, Section 7.03 of the Olde Cypress PUD ordinance (Ordinance
Nos. 99-27 and 2000-37) states that the actual acreages shown on the PUD master plan are based
on conceptual design and are approximate. The PUD goes on to state that actual acreages of all
development tracts will be provided at the time of site development plan or preliminary
subdivision plat approvals which will be in accordance with Division 3.3 and 3.2 respectively of
the Collier County Land Development Code. Division 3.2 of the LDC provides the requirement
for setback to preserves as noted above. The County has, since 1991, administratively reviewed
preliminary and final subdivision plats for compliance with the preserve setback requirements.
Specifically, during the review of preliminary and final subdivision plats, the County
Environmental staff, as part of its standard review checklist, regularly reviews each subdivision
application for compliance with the preserve setbacks, either pursuant to the requirements of the
LDC or pursuant to the PUD if a different set of preserve setback standards is adopted in a PUD
ordinance. Furtherrnore, the Olde Cypress Preliminary Subdivision Plat (CCPC Resolution No.
99-14) was specifically approved with an identified conservation/preservation tract (Tract "A")
and was subject to the following conditions:
1. Notwithstanding this Preliminary Subdivision Plat approval, conditions of development
imposed by any prior development order. and all applicable provisions of the Collier
County Land Development Code remain in effect, and have superintending control over
any subsequent development orders issuedfor the land covered by this PSP.
One can only conclude from reading these ordinances and development order approvals,
Divisions 3.2 and 3.3 of the LDC require development in the Olde Cypress PUD to be compliant
with the setbacks to preserves for the aIde Cypress PUD as does the conditions of approval of
the preliminary subdivision plat, as they are set forth in the LDC.
With respect to point number 4, Division 2.2 of Ordinance No. 91-102 was originally adopted
and then later amended for the PUD zoning district standards (therefore applicable to all PUDs),
reads in part as follows:
. . . . All development regulations and other applicable provisions of all County ordinances
such as, but not limited to, all provisions of the Collier County Land Development Code. as may
be amended. shall apply unless specifically modified by the approved PUD Document and PUD
Master Plan.
Page 5 of7
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As previously noted, there is no specific modification to the preserve setback requirements of the
LDC set forth in the aIde Cypress PUD. Contrary to the aIde Cypress PUD, there are similarly
situated PUD zoning districts which do specifically modify the preserve setback requirements of
the LDC within the PUD ordinance. Because there is no specific modification as required, the
preserve setback requirements as set forth in the LDC are applicable to the aIde Cypress PUD.
Based on my analysis of the aIde Cypress PUD and the Collier County Land Development
Code, it is my opinion that for properties abutting preserve areas, a preserve setback of 10 feet
for accessory structures and 25 feet for principal structures shall be in effect and in this case,
clearly applies to development within the aIde Cypress PUD. Because development order
applications related to the measurement of setbacks to preserves are contained in two areas of the
Land Development Code, the first in the subdivision regulations and the second in the
Preservation Standards Section (3.05.07; Ordinance No. 04-4]). review for consistency with the
preserve setback requirements would occur at either or both the preliminary subdivision plat
phase of development and the building permitting phase of development.
There may be some question as to the applicability of the Native Preservation standards to single
family structures pursuant to Section 3.05.07 of Ordinance 04-4], specifically, Section 3.05.07
Preservation Standards, subsection A.2. and H. Section 3.05.07. refers to the requirements for
preservation of native vegetation (as defined by the LDC) in terrns of amount and location
(Subsections A-G) and the native vegetation preservation design standards (identification,
minimum dimensions, required planting criteria,) in Subsection H. The regulations in section H.
may be a source of confusion. LDC Section 3.05.07. A.2. states that single family residences are
exempt from the requirements of section 3.05.07.H. However, the application of this subsection
must be read in totality with all of the regulations set forth in Section 3.05.07, Preservation
Standards. The Native Preservation standards themselves are clearly intended to apply to large
projects comprised of multiple residential tracts and lots or a combination of residential and
cornmercialland uses (or other types of mixed-used). Native preservation requirements
(applicability and amount) are to be met in accordance with the table 3.05.07. B.1. on page
LDC3:28.2. Section 3.05.07.H.3.a is clearly a duplication of the same setback provisions that
were found in the subdivision requirements of the LDC since 1991 and still exist today. The
significant intent of establishing the native preservation section in 2003 was to assemble
scattered provisions in the Land Development Code dealing with preservation requirements. The
exemption for single family was clearly only intended to apply to the preserve requirements, the
conservation easement requirement and the preserve management plan requirements as
caleulated on a project basis and was intended to show that no preserves would existing within a
single family lot, but not that the preserve setbacks did not apply to the structures on a single
family lot. Tn conclusion, it is my opinion that the exemption for single family residences as
described in 3.05.07 H. is not intended to preclude a single family structure (principal or
accessory) from meeting the preservation setback requirements.
In conclusion, the aIde Cypress PUD failed to provide specific development standards for
setbacks from preserve areas as defined in the Collier County LDC. Where the PUD either fails
to provide specific development standards andlor fails to specifically deviate from requirements
in the LDC, the applicable provisions of the LDC are required to apply as clearly stated they
should in the PUD itself. Subsequent LDC amendments providing for vegetation exemptions did
not exempt the setback requirements to preserves. In this case, development within the PUD is
Page 6 of7
'7!{.1
subject to the preserve setback standards as set forth in the LDC at the time of preliminary
subdivision plat approval and building permit application, specifically 25 feet for principal
structures and 10 feet for accessory structures.
Within 30 days of printing of the public notice, any adversely affected party may appeal the
interpretation to the Board of Zoning Appeals. An aggrieved or adversely affected party is
defined as any person or group of persons, who will suffer an adverse effect to an interest,
protected or furthered by the Collier County Growth Management Plan or the Land Development
Code. A request for an appeal must be filed in writing, must state the basis for the appeal, and
include any pertinent inforrnation, exhibits, or other back-up information in support of the
appeal.
The appeal must be accompanied by a payment of $1500.00 application and processing fee. If
payment is in the form of a check, it should be made payable to the Collier County Board of
County Commissioners. An appeal can be hand-delivered or mailed to my attention at the
address provided on this letterhead.
Sincerely,
Susan M. Istenes, AICP
Director, Department of Zoning and Land Development Review
Cc: Collier County Planning Commission
Joseph K. Schmitt, Administrator, Comm. Development & Env.Services Div.
William D. Lorenz, PE, Director Engineering and Environmental Services
JeffKlatzkow, Assistant County Attorney
Ray Bellows, Manager, Zoning Department
Ross Gochenaur, Manager, Zoning Department
Page 7 of7
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JONES
FOSTER
JOHNSTON
& STUBBS, FA
Attorneys and Counselors
Flaglel'Cenler Tower. Suite] 100
505 South Flagler Dlive
We'l Palm Beach. Florida 33401
Telephone (561) 659.3000
klailillfJ At!dre\'~
POSl Office Box 3475
West Palm Beach. F10lida 3.3402*3475
Margaret L. Cooper, Esquire
Direct Dial: 561-650-0464
Direct Fax: 561-650.0422
E-Mail: mcooper@jones-foster.com
April 21, 2008
Via Federal Exvress (wit" all enclosllres)
Via E-Mail (lV/encls. excevt Avvelldix)
Susan M. Istenes, AICP, Director
Zoning & Land Development Review
Collier County Government
2800 North Horseshoe Drive
Naples, FL 34104
RE: AMENDED APPEAL
Grider Residence - Olde Cypress
Official Interpretation No. 2008-AR-12880
Our File No. 25190-1
Dear Ms. Istenes:
I am filing this request for reconsideration or, alternatively, an appeal on behalf of Craig D.
Grider and Amber C. Grider and all others similarly situated residents pursuant to both the
procedures found in LDC Sec. 10.02.02 F and Code Sec. 250-58. I am advised that other
residents will join in this request and/or appeal. The appeal is of your Official Interpretation No.
2008-AR-12880 initially dated March 17, 2008 (but published March 20, 2008), as
supplemented by your memo dated March 17, 2008, in response to a request initiated by the
Board of County Commissioners ("BCC"). We previously sent our check for $1,500.00 to the
Collier County Board of County Commissioners. Your Official Interpretation (Ex. 8, p. 8) says
the fee is $1,500. You now advise it is $1,000 and the County will issue a refund.
PRESERVATION OF RIGHTS
AND
OBJECTION TO PROCEEDINGS
We again serve notice that we object to the use of the official interpretation procedure for several
reasons.
(I) LDC Sec. 10,0202 F does not apply to BCC initiation of the process. LDC Sec.
10.02.02 F.I provides:
www jOlus-foster. com
'74
Susan Istenes, AICP, DirecLur
Zoning & Land Development Review
April 21, 2008
Page 2
Initiation. An interpretation may be requested by any affected
person, resident, developer, land owner, government agency or
department, or any person having a contractual interest in land in
Collier County.
The BCC is not an "affected governmental agency or department."
(2) There has been enormous political involvement that has surrounded the
complaints of the Griders' neighbor Melissa Showalter. Her father Planning Commissioner Tor
Kolflat and certain County Commissioners have injected themselves into these issues and have
strongly advocated in Ms. Showalter's favor. Commissioner Kolf1at has been involved in no less
than four private meetings behind closed doors with you, Mr. Schmitt, the County Manager,
and/or various staff members. (See Kolflat letter, Ex. 11) They also hired an attorney to
continue to lobby staff and the BCC. The ex-parte communication on this issue with the
Commissioners and staff are extraordinary. See for example, Commissioner Henning's
voluminous e-mails and the BCC's various calendars evidencing private meetings with Mr.
Kolflat and his attorney. (Ex. 20 and 21) The assertions to the BCC concerning the Griders and
their home are replete with errors, misrepresentations and inaccuracies.!
When the Griders were ultimately charged with a code violation (Ex. 39), they hired me. I
requested an opportunity to meet with you to ascertain what had been presented and to present
rebuttal. The County forbade me from meeting with you. I was directed simply to write you a
letter which was delivered through Mr. Klatzkow. (Ex. 6) We were not privy to evidence or
argument earlier presented to you in the ex-parte meetings. I was relegated to guessing what
may have been presented. When I voiced objection to the procedure, I was accused of being
"offensive and ignorant." (Ex. 6)
I have been trying to ascertain the extent of what has been presented to you and the BCC via
public document requests. To date, I have some responses, but not all. Accordingly, we reserve
the right to supplement our exhibits and this appeal.
However, I now have come to understand that you placed great reliance on Barbara Burgeson's
representations that the 25 foot setback provisions have always been in the LDC since 1991. It
! One example is the misnomers concerning the size of his house, which Commissioner Kolf1at
and his daughter call a "megahouse." The house is around 3,800 sq. ft. under air, which is
smaller than many houses in the subdivision, including on the Griders' own street. (Ex. 34).
Other more personal attacks are also wrong. As Mr. Farese concluded, the fact that Mr. Grider is
a young real estate attorney has nothing to do with staff's approval of the setbacks. The Griders
were treated in the same manner as all others in aide Cypress and throughout the County. I
enclose an article written this week about his wife so that you can become more familiar with the
parties involved.
~A
Susan Istenes, AICP, DirecLur
Zoning & Land Development Review
April 21, 2008
Page 3
appears that this is the primary premise upon which your opinion rests. Her representations are
inaccurate, as will be discussed below.
(3) Next, the appeal goes to BCC. This includes the Commissioner who appointed
Mr. Kolflat and those who have been heavily involved in advocating Ms. Showalter's position.
Those Commissioners rejected an earlier opinion from Special Investigator Lawrence Farese,
who they appointed to study this issue. One Commissioner also rejected an opinion he requested
from the CoUnty Attorney. It is unheard of that the party initiating a proceeding also sits as an
appellate judge, especially in these circumstances.
(4) The LDC and Olde Cypress PUD are clear, unambiguous and need no
"interpretation." See Palm Beach County Canvassing Bd v. Harris, 772 So. 2d 1273, 1282 (Fla.
2000) {holding that it is only if statutory language is ambiguous that a court must resort to rules
of construction to determine legislative intent); Holly v. Auld, 450 So, 2d 217, 219 (Fla. 1984)
(same); City oj Coral Gables Enforcement Bd v. Tien, 967 So. 2d 963 (Fla. 3d DCA 2007) (plain
language of an ordinance prevails). These decisions apply here. There is no need for you to
"interpret" clear and unambiguous code provisions to decipher the "intent."
My clients believe that the current process has the appearance of impropriety and there cannot be
a fair hearing in the current process. There is a violation of procedural due process. Our
submittal of this response should not be construed as acquiescence in this procedure. I noted our
objections to Mr. Klatzkow before your ruling. (Ex. 6) I also noted objections to you before
your ruling. (Ex. 7). I want to assure that our objections are preserved in the appellate phase of
the proceedings.
REPORT OF LAWRENCE FARESE
The BCC appointed an independent investigator and Florida licensed attorney, Lawrence Farese,
to investigate and render a report on this matter. He conducted a thorough investigation of all
rnatters. His report is dated December 7, 2007. (Ex. 2) The result was not to the satisfaction of
Mr. and Mrs. Grider's neighbor (Melissa Showalter) and/or her father (Tor Kolflat). This,
however, is not reason to jettison the report.
Mr. Farese concluded that the LDC unequivocally exempts single family residences from any
setback requirements as it relates to Preserve areas. I also have uncovered opinions from the
County Attorney, concurring in Mr. Farese's conclusion as to the single family exemption. (Ex.
16 and 17) We believe that the County Commission should adopt the initial report that they
commissioned.
SUBSTANTIVE ARGUMENTi
The substantive reasons why your interpretation is incorrect are set forth in my letters to you of
February 29, 2008 and March 20,2008 (Ex. 7a and 7.b).
rrA
Susan Istenes, AICP, Director
Zoning & Land Development Review
April 21, 2008
Page 4
Next. after having reviewed your opinion, we believe that you have been supplied with
misinforrnation and have overlooked crucial facts and historical information.
(I) You acknowledged in your March 17, 2008 supplemental memo to the BCC (Ex.
9) that prior planning directors and managers have held different interpretations of the same LDC
provisions. I have confrrmed this with the prior directors. I also received confirmation from
senior planner Ron Nino, who reviewed and approved the Olde Cypress PUD. (Ex. 18) Mr.
Nino was your supervisor at the time in question. In particular, they are all of the opinion that
the setbacks in the PUD document control.
It is illegal to change standards by simply changing "interpretations." The legal way to change
standards is to amend the PUD.
I have confirmed that you never gave training or sent a memo to staff that you were changing
prior interpretations instituted by your predecessors. (Ex. 14 ~3) Therefore, County Staff had
full authority to give assurances to Mr. Grider as to setbacks before his purchase and design of
the house, which they did. (Ex. 35) They had full authority to approve the Grider setbacks in the
permitting stage, which they did on several occasions. (Ex. 36) They also had full authority to
issue the building permits at the setbacks existing. which they did. (Ex. 32, 33) The Griders
relied on all of this and have spent well over a million dollars on this home.
Staff has confrrmed that the Grider residence was reviewed in the identical manner that staff
reviewed all other home construction in the Olde Cypress PUD. (Ex. 40.b) No one was ever
denied an approval under any other interpretation nor was anyone ever required to construct
under your new interpretation. See Ex. 14 ~4, which confirms:
To our knowledge we are not aware of anyone in Olde Cypress
who was turned down on construction plans in violation of the
preserve setback as [now] interpreted by Ms. Istenes.
In fact, the first time we frod that anyone ever voiced an opinion that the construction setbacks
should be 25 feet from the conservation tract boundary line was Environmental Staff Susan
Mason (who works under Barbara Burgeson) in response to the complaint of Commissioner
Kolflat. (Ex.40.a) You now have adopted the position taken by Ms. Burgeson, which is directly
contrary to prior directors, the County Attorney and Mr. Farese.
(2) The following is a synopsis of what you have overlooked and what Ms. Burgeson
omits.
(i) You have confused a setback for location of a lot on a plat versus a
construction setback for location of a building on a lot. (For ease of
reference, 1 will call the former a " lot location setback" and the latter a
"construction setback. ")
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Susan Istenes, AICP, Director
Zoning & Land Development Review
April 21, 2008
Page 5
(ii) You have confused the differences between platted preservation
easements dedicated to Collier County versus a simple conservation tract
dedicated as a common area to the homeowners association.
(iii) You have overlooked the LDC amendments which occurred in 2003 and
2004 which dramatically changed requirements relating to preserves and
eliminated the default to SFWMD buffering as the required setbacks. In
particular, you have overlooked that the 1991 LDC deferred to the
required buffering ojiurisdictionaZ agencies to serve as preserve setbacks.
These distinctions are key to why your decision is incorrect.
(3) It is true that "Jot location setbacks" have been in the LDC since 1991. However,
"construction setbacks" were fIrst adopted in 2003 - after the Olde Cypress PlID approval and
platting. OIde Cypress was grandfathered under the old rules. The PUD document did not need
to spell out specifIcally a deviation from "construction setbacks" to preserves because none
existed. The 1991 LDC relating to "lot location setbacks" deferred to other agency required
buffering as the setback. When the lots for Olde Cypress were platted in 1999, they were "set
back" from the jurisdictional wetlands by way of an upland buffer - in the exact manner called
for in the LDC. After platting, further construction setbacks from the conservation tract were no
longer applicable and no longer to be considered by plan reviewers for SDP approvals or
construction approvals. The LDC amendments in 2003/04 (creating construction setbacks) do
not apply to residences to be placed on lots previously platted under the older, then applicable
standards. This is because the platted lots were already set back from preserves in the platting
stage. Thus, those PUDs were grandfathered.
(4) The foregoing is the reason why County staff has found 29 other PlIDs in "non-
compliance" with your new interpretation, but which were in "compliance" with the way the
LDC was historically administered. These are:
I. Audubon Country Club
2. Galleria at Pelican Marsh
3. Egrets Walk
4. Troon Lakes
5. Pelican Marsh (Spanish Moss)
6. Tuscany Cove
7. Hawksridge
8. Lago Vall agio
9. Tiburon Blvd. East
10. Naples Heritage
II. Forest Glen
12. Tarpon Bay
13. Castlewood
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Susan Istenes, AlCP, Directur
Zoning & Land Development Review
April 21, 2008
Page 6
14. Kensington
15. Grey Oaks
16. Briarwood Unit 7
17. Preserve at Berkshire Lakes 2B
18. Delasol Mediterra
19. Wilshire Lakes Phase Two
20. Carlton Lakes II and III
21. Pelican Strand
22. Tarpon Cove
23. Indigo Lakes
24. Northshore Lake Villas Replat
25. Stonebridge alkJa Southl1ampton
26. Milano
27. Sterling Oaks
28. Leawood Lakes
29. Horse Creek Estates
(Ex. 13)
According to the Assistant County Attorney, a search must be done of all the plats in each PUD
to determine the full extent of violations. (Ex. 14) Since there are 18 non-compliances in 01de
Cypress alone (Ex. 19), the likelihood is that there are hundreds of similarly situated people. For
example, 18 non-compliances in 30 subdivisions would equal 540 people who need to go
through the "variance procedure. n
In addition, the BCC has recognized the Estates District (not a grandfathered PUD) also has
hundreds of violations of your new "interpretation." I understand that a special ordinance is (or
will be) passed to "rectify" this Estate problem. (Ironically, aIde Cypress was technically part of
the Estates District before rezoning to PUD)
(5) It seems that it would be simpler - and more legally correct - for you to recognize
that you have based your interpretation on misinformation supplied by Barbara Burgeson and to
revise your new Official Interpretation before this matter goes farther.
The following historical review of the LDC will help.
HISTORICAL REVIEW OF LDC AMENDMENTS
For ease I will refer to the 1991 LDC as it existed in 1999/2000 when the aIde Cypress PUD
was approved and this area was platted. I will refer to the 2004 LDC after it was reformatted in
2004. There are also two amendments to the 1991 LDC which occurred in 2003 and 2004 before
the reformatting, which are addressed separately.
'1A
Susan Istenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page 7
1991 LDC
. The 1991 LDC contained a mandatory retainage or preservation requirement of 25% of
the native vegetation for large tracts and 10% for smaller parcels. These requirements
were found in Division 3.9 Vegetation, Removal, Protection and Preservation. The
words "preserve" and "retain" were used interchangeably throughout the LDC at the time.
This 25% retainage requirement did not necessarily involve environmentally sensitive
lands - it simply was a 25% native vegetation retainage requirement. (Ex. 25)
. There were no requirements in Division 3.9 of the 1991 LDC to locate and delineate
boundaries of the 25% vegetation retainage as a "preserve" on a plat. Nor was a
developer required to dedicate an easement to Collier County. N or were there
construction setbacks from such retainage areas. (These requirements came year's later.)
. The 1991 LDC did, however, contain requirements of where lots could be located on
plats in relation to platted preserves, if they were required. This is found in Division 3.2
Subdivision. (Ex. 24)
. In Division 3.2 Subdivisions, there was a mandate to dedicate preservation or
conservation easements to agellcies in accordance with their standards, if required by
those jurisdictional agencies. (Sec. 3.2.8.3.12) (Generally, these type of easements dealt
with sensitive areas such as archaeological sites, wetlands, endangered species habitat,
etc., as opposed to a simple native vegetation retainage.) The 1991 LDC has several
provisions indicating deference to state and federal standards pertaining to such
conservation areas.
3.2.8.3.
Required improvements. ... Any improvements
shall be designed and constructed in accordance
with the design requirements and specifications
of the entity having responsibility for approval,
including all federal, state, and local agencies.
3.2.8.3.4.
Buffer areas. ...
Buffers adjacent to protected/preserve areas shall
conform to the requirements established by the
agency requiring such buffer.
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Susan lstenes, AICP, DirecLur
Zoning & Land Development Review
April 21, 2008
Page 8
3.2.8.3.12.
Parks, protected areas, preservation areas,
conservation areas, recreational areas, and school
sites.
1. Parks, protected areas, preservation areas,
conservation areas. Parks, protected areas,
preservation areas and conservation areas
shall be dedicated and/or conveyed in
accordance with applicable mandatory
dedication requirements and regnlations
of federal, state and local agencies.
(Ex. 24)
. In his investigation, Commissioner Henning sought clarification from the SFWMD about
their requirements for setbacks from jurisdictional wetlands. (Ex. 15) SFWMD
confumed that they require a 25 foot setback on average. The setback is required by way
of an uplands buffer. The buffer - or SFWMD setback - is included in the conservation
easement. (Ex. 15) In other words, the conservation tract contains both the wetlands
preserve and the uplands buffer or setback. Olde Cypress meets all SFWMD
buffer/setback requirements. This confmnation was given to eommissioner Henning
(Ex. 15) but it is not part of your Official Interpretation file.
Jurisdictional wetlands have meandering borders, whereas lot lines are generally smooth
or straight. Accordingly, SFWMD standards call for an average upland buffer.
. In Division 2.2 Planned Unit Developments (PUD), the 1991 LDC allowed (but did not
mandate) dedication of public facilities to the County as part of the PUD process. (Sec.
2.2.20.3.7) (Ex. 23)
"The Board of County Commissioners may [not shall] as a
condition of approval and adoption of the PUD rezoning and in
accordance with the approved master plan of development, require
... other public facilities... be ... dedicated."
Such dedications (if they were required or negotiated) had to be indicated on a plat. In
the case of Olde Cypress, none was required nor negotiated. And there are no such
dedications or easements of a preserve to Collier County on the plat.
. Environmental staff (Barbara Burgeson) would often advocate having such a dedication
as condition ofPUD approval. This did not always happen. This accounts for why there
are County dedicated easements in sorne PUDs and not in others and why there are
negotiated setbacks from the County easements in some PUDs and not others.
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Susan Istenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page 9
Delineation of a preserve on the plats and dedication to the County was discretionary -
not mandatory.
. There was a requirement in the 199] LDC for lots to be located on the plat at a 25 foot
setback from any "protected/preserve" areas. However, this is limited to such areas
which were dedicated to the County and required to be on the plats. (Sec. 3.2.8.4.7.3)
(Ex. 24) This section also required language be put on the plat reflecting that nothing
could be built in this 25 foot setback area. However, there was also a caveat to this 25
foot setback in the 1991 LDC-
" . . . unless the setbacks are accomplished through buffering
pursuant to Sec. 3.2.8.3.4 [the standards set by the agencies having
jurisdiction over such preserves.]"
This is a default provision to agency buffers which serve as the preserve setback. This
default provision typically applied where there were jurisdictional wetlands.
. In the case of OIde Cypress, the only dedication to the County in the plat was for
drainage easements - not preservation easements. (See Old Cypress Plat and dedication
language, Ex. 31.c) The 25% native vegetation requirement was met by and subsumed
within the large conservation tract required by SFWMD. (See PUD document, Sec. 9.c.,
Ex.31.a)
. In the case of aIde Cypress, we do not know how far the lots are set back from the 25%
native vegetation retainage because the smaller required vegetation retention subset was
never delineated by boundary lines on the plat.
I saw some e-mails in the Grider building file written by Ross Gochenauer asserting that
there are platted conservation easements in the Olde Cypress plat. (Ex. 40.a) ("I
checked the plat and Tract A is identified as a conservation and drainage easement. ") Mr.
Gochenauer also reports that Environmental Staff Susan Mason stated that this requires a
25 foot setback. (Ex. 40.a)
This is incorrect. Tract A is labeled "Conservation Tract" on the plat. However, it is
dedicated only as a "common area" to the homeowner's association in the plat. (Ex. 31.c)
It is not a platted easement dedicated to the County. In accordance with 1991 LDC
mandates, the lots were set back on the plat in accordance with SFWMD permit buffering
requirements. SFWMD has confIrmed that the conservation tract contains both wetlands
preservation and uplands buffers which act as the setback. (Ex. 15)
. These plats were approved by the Planning Services Director, the County Attorney and
the BeC and they met all LDe requirements at the time. The plan reviewer Ron Nino
confirmed that the County setback requirements for lot locations on the plat were met by
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Susan Istenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page 10
the SFWMD buffering of 25 feet on average. (Ex. 18) Joseph Schmitt's file on the
Grider matter contains the SFWMD map showing the boundaries of the wetlands
preserve and the upland buffer or setback. Please make the documents a part of the file
and record in this appeal. See also Ex. 31.b.
. The "preserve setback" defInition in the 1991 LDC cited in your opinion refers only to
the lot location setbacks on plats - which was the only preserve setback in the 1991 LDC.
The 1991 LDC specifIcally deferred to SFWMD buffering in Sec. 3.2.8.3.4, as the
setback. Accordingly, at the time of platting aIde Cypress met the LDC requirernents for
preserve setbacks - Le. setbacks for lots on plats, not structures.
. In your Official Interpretation, you have incorrectly accepted Barbara Burgeson's position
that the 25 foot construction setback has always been in the LDC since 1991. However,
on pages 3-4 of your Official Interpretation, you cite 1991 platting requirements (Sec.
3.2.8.4.7.3) as requiring a buildable lot to be set back 25 feet from the boundary of "such
protected preserve area(s)." Further, you omit several of the items cited above from the
language you quote.
First, the "protected/preserve" areas are defIned in Sec. 3.2.8.4.7.3 as easements or tracts
dedicated in favor of Collier County and ones which are required to be designated on
the ...final subdivision plat. (Ex. 24) None was required here. In fact, the platted
Conservation Tract is not a "protected/preserve easement dedicated to Collier County."
Thereafter, Sec. 3.2.8.4.7.3 did not apply,
Second, you correctly cite the LDC language that states "The...fmal subdivision plat
shall require that no a1teration...shall be permitted within the required setback area,.."
But, you omitted the remainder of the paragraph containing the default language to
agency requirements - ".. . unless the above setbacks are accomplished through buffering
pursuant to Sec. 3.2.8.3.4 [buffering required by jurisdictional agencies]." Here, aide
Cypress complied with the required agency's jurisdictional buffering. (SF\VMD)
. You are correct that "staff review for preserve setback requirements was being
continuously and consistently conducted at the time of preliminary subdivision plat and
final plat..,reviews for every project with designated preserve/conservation areas."
(Memo to Commission March 17, 2008, p. 1.) However, after lots were platted, a
preserve setback was no longer necessary to review for issuance of a building permit
construction of a single family house.
If you check with staff and prior planning services directors who handled this, they will confirm
that this is true. Setbacks to preserves were established by lot location on the plats - not
additional construction setbacks - and the County deferred to SFWMD buffering for setbacks
unless otherwise negotiated at the time of PUD approval.
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Susan Istenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page 11
In sum, when Olde Cypress was approved, the 25% native vegetation retention requirement was
met by and subsumed in the larger conservation tract, which SFWMD required as a condition of
its permit. The 25% native vegetation retainage boundaries were not delineated nor dedicated to
the County, nor was there a requirement to do so. SFWMD did not require a conservation
easement to be recorded on the plat. Rather, the area was simply labeled on the plat as a
"Conservation Tract," which was dedicated as a "common area" to the homeowners' association,
subj ect to limited use in the SFWMD permit. The Conservation Tract contains both the
jurisdictional wetlands and the required upland buffer, both of which SFWMD considers in its
conservation easement. The platted lots complied with the SFWMD permit buffering
requirements. The platted lots were setback 25 foot on average from jurisdictional wetlands by
an upland buffer also contained in the Conservation Tract. This was correctly done in accord
with the then existing LDC requirements and the PUD document. After platting, additional
setbacks from preserves were no longer applicable in the construction review process for a single
family home.
2003/2004 LDC AMENDMENTS
Ordinal/ce No. 03-27
. The fust time that a construction setback from a "Preserve" was implemented was in
Ordinance No. 03-27 (Ex. 26) passed in July 2003 - well after Olde Cypress was platted
into lots. This amendment added subsection 3.9.5.5.6 to Division 3.9 Vegetation,
Removal and Protection Standards. This amendment (subsection 6) did two things to
"elevate" the status of the 25% native vegetation requirement.
I. The LDC now required the 25% native vegetation retainage boundaries to
be delineated on a site plan and labeled "Preserve."
2. The LDC now required a 25 foot construction setback for principal
structures from the boundary of any such preserves.
. Olde Cypress and other approved PUDs were grandfathered. Their construction setbacks
were all specifically delineated in the PUD document and the preserve setbacks had been
established by lot location on the plat in accord with the specific LDC requirements. The
aIde Cypress PUD document (7.05) reads:
A. Table II sets forth the development standards [setbacks and
yard requirements] for land uses within the "R" Residential
District.
B. Unless otherwise indicated, required yards . . .
standards apply to principal structures.
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Susan Istenes, AICP, Direcmr
Zoning & Land Development Review
April 21, 2008
Page 12
The PUD document mandated preserves to be governed by SFWMD standards, as was
required by 1991 LDC Sec. 3.2.8.4.7.3.
. After 2003, the platting requirement found in Division 3.2, Subdivisions continued in all
versions of the LDC. It was not deleted by this 2003 amendment. Currently, for
preserves there is both a "lot location setback" and a "construction setback" requirement
found in today's LDC. See Sec. 3.05.07 and 10.02.04 B of the 2004 LDC. (Ex. 29 and
30)
. Ord. 03-21 was adopted at the request of Barbara Burgeson (Environmental Staff) (Ex.
26.b-d). At the time, she represented that the amendment was simply a codification of
common practice and this setback standard was always in the LDe since 1991. She
testified as much before the CCPC, as shown in the minutes. (Ex. 26.b-d) This is the
same representation she makes now to you and which forms the very foundation for your
Official Interpretation.
. Our review also shows that Ms. Burgeson's testimony was incorrect. The only earlier
requirement was a "lot location setback" on the plat - not an additional "construction
setback" from a conservation tract. Although Ms. Burgeson often lobbied to have County
dedicated preservation easements be a condition of PUD approval and to have them set
back by 25 feet, it was not always included. The pre-2003 code was clear that such
County easements were discretionary and lot location setbacks defaulted to SFWMD
buffering.
. This 2003 amendment also contained language which "exempts" development for site
improvements which had been in the application process prior to June 2003. (Ex. 26.a)
This was added during the review process because developers objected and noted that
these were new requirements. That exemption makes it clear that this construction
setback was not in the LDC prior to the adoption of this amendment.
. We believe that Ms. Burgeson misled the Commissioners in 2003 by her testimony that
this construction setback has always been in the LDC, just as you are now being misled.
We also believe that Commissioner Henning was misled by this during the Independent
Investigation hearings on Olde Cypress. Ms. Burgeson's misstatements are a substantial
cause of the problems that now exist - especially in the Estate District where there are
many lots abutting preserves, which are not part of grandfathered PUDs.
. We understand that Ms. Burgeson's advocacy and elevating her earlier lobbying efforts is
a common practice. She often transposes her lobbying efforts into "policies" and
"common practice." She later advocates that the LDC or GMP be amended to conform to
the same. This approach is simply historical revisionism.
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Susan Istenes, AICP, Director
Zoning & Land Development Review
April 21, 2008
Page 13
Ordinance No. 04-08
. If there was any confusion as to whether the new construction setbacks applied to single
family residences on lots which were already setback or buffered in the platting stage,
this confusion was clarified a few months later, when Division 3.9 was again amended by
Ordinance No. 04-08 in February 2004. (Ex. 27)
. Ordinance No. 04-08 totally revamped LDC Div. 3.9, Vegetation Protection,
Preservation and Removal. Ordinance No. 04-08 contains many other requirements
further elevating the status of preserves. For the first time, the native vegetation retention
(now required to be labeled "Preserve") was also required to be dedicated as an easement
to the County on plats. See Sec. 3.9.7 D (Ex. 27.a) This is thefirst time that the LDC
mandates County dedicated easements on the plats, contrary to what you and Joseph
Schmitt were told.
. There also were other detailed requirements similar to SFWMD requirements injected in
Ordinance No. 04-08 - such as preservation management plans, recreated preserves,
buffering, wetlands regulations, etc. (Ex. 27) Those were of great concern at the time.
. It was absolutely clear in the discussions before CCPC and the BCC concerning
Ordinance No. 04-08 that this newly written Div. 3.9 was not to apply to existing
developments or single family lots. In Ordinance No. 04-08, two exceptions for single
family lots were inserted. See Secs. 3.9.4.1. B a and 3.9.7.4 A. It is true that rnuch of the
discussion dealt with the new 2004 requirements, but the language on the single family
lot exemptions are clear and unambiguous. There is nothing to indicate an "intent" to
exclude setbacks from the exemption. Indeed, single family lots in the review process
had been exempted in the first amendment to Ordinance No. 03-27.
. At the hearing before the BCC, special counsel Marti Chumbler told the BCe that single
family residences were exempt, in response to a question from Commissioner Henning.
(Ex. 27.i):
MS. CHUMBLER: Single family again are exempt.
COMMISSIONER HENNING:
How about estate lots?
MS. CHUMBLER: All single-family lots are exempt
throughout.
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Susan Istenes, AICP, Director
Zoning & Land Development Review
April 21, 2008
Page 14
. The language adopted in Ordinance No. 04-41 reads:
3.9.4 Vegetation Preservation Standards. All development IlOt
specifically exempted by this ordinance shall incorporate, at a
minimum, the preservation standards contained within this section.
A.
B. . " . Single family residences are exempt from the
requirements of Sec. 3.9.7.
3.9.7 Preserve Standards
H. Preserve standards.
3. Required setbacks to preserves.
a. All principal structures shall have a
minimum 25-foot setback from the
boundary of any preserve, accessory
structures and all other site alterations shall
have a rninirnum 10-foot setback from the
boundary of any preserve. There shall be no
site alterations within the fIrst 10 feet
adj acent to any preserve unless it can be
demonstrated that it will not adversely
impact the integrity of that preserve. (i.e.
Fill may be approved to be placed within 10
feet of the upland preserve but may not be
approved to be placed within 10 feet of a
wetland preserve, unless it can be
demonstrated that it will not negatively
impact that wetland.
b. Additional preserve buffers shall be
applied to wetlands pursuant to section
3.05.07 FJ.f.
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Susan Istenes, AICP, DirectOr
Zoning & Land Development Review
April 21, 2008
Page 15
4. Exemptions.
a. Sillgle family residellces are subject
OIl(V to the applicable vegetation retelltioll
standardsfolllld in 3.05.07.
b. Applications for development orders
authorizing site improvements, such as an
SDP or FSP and, on a case by case basis, a
PSP, that are submitted and deemed
sufficient prior to June 19, 2003 are not
required to comply with the provisions of
this section 3.05.07 H., which were adopted
on or afterJune 19,2003.
* * *
1.08.02 Defillitiolls.
Development order: Any order, permit, determination, or action
granting, denying, or granting with conditions an application for
any fmallocal development order, building permit, temporary use
permit, temporary construction and development permit, sign
permit, well permit, spot survey, electrical permit, plumbing
permit, occupational license, boat dock permit, HV AC permit,
septic tank permit, right-of-way permit, blasting permit, excavation
permit, construction approval for infrastructure (including water,
sewer, grading and paving), approved development of regional
impact (DRl), zoning ordinance amendment, comprehensive plan
amendment, flood variance, coastal construction control line
variance, vegetation removal permits, agricultural clearing permits,
site development plan approval, subdivision approval (including
plats, plans, variances, and amendments), rezoning, PUD
amendment, conditional use (provisional use), variance, or any
other official action of Collier County having the effect of
permitting development as defmed in this Code.
. This language is now recodified in Division 3.05. But the standards are identical. There
is nothing ambiguous or unclear about the exemption.
. I have found where both the County Attorney and Planning Commission Chair agree that
the single family lot exemption applies to aIde eypress. As was noted by County
'7A
Susan Istenes, AI CP, DirecLOr
Zoning & Land Development Review
Apri121,2008
Page 16
Attorney Klatzkow in his e-mail to Commissioner Henning's assistant dated December
12,2007 (Ex. 17):
Met with Mark Strain this morning and agree with him with
respect to exemption 4b, which everyone has previously
overlooked. Exemption was apparently in response to Developer
concerns with respect to projects already in the pipeline. Olde
Cypress Plats were recorded in 1999.
In County Attorney Klatzkow's earlier memo to Commissioner Henning on the Grider lot
issue (Ex. 14), he states:
Subsection 3.05.07,A,2. [prior 3.9A.B] specifically states: 'Single
family residences are exempt frorn the requirements of Section
3.05.07.H. [prior 3.9.7.H]' (Emphasis added). Additionally,
Subsection 3.05.07HA.a. provides: 'Single family residences are
subject only to the applicable vegetation retention standards found
in 3.05.07. [prior 3.9.7]' Based 011 these express exemptio/ls, it is
our opi/lio/l that tile preserve setback requireme/lts of Section
3.05.07.H. [prior 3.9.7.Hj do /lot apply ill tllis case. (emphasis
added).
. In sum, the prior planning services directors and managers, the senior planner who
reviewed Olde Cypress PUD, the Planning Commission Chair and the County Attorney,
all disagree with your new "interpretation." More specifically, they all disagree with
Barbara Burgeson's opinion of how these regulations were to be applied.
. The rationale for excluding single family residences from the new preserve requirements
- including additional construction setbacks - is clear. Setbacks were already considered
in lot location on the plat. To require yet another preserve setback for construction on the
lot was simply "double-dipping" and totally unnecessary.2 A new setback of this nature
would have extraordinary consequences in terms of impact to property owners for loss of
usable land and impacts to the County in terms of liability for taking usable land.
2 I also read a contention that the purpose for setbacks is to act as a "fire block." To the contrary,
I can [md nothing in the legislative history to support this theory. The Collier County preserve
setback ordinance is copied from or modeled after the state and federal buffering requirements.
It was proposed by environmentalists and is designed to buffer preserves. SFWMD buffering
can be accomplished via either the 25 foot setback, or by beaning or retaining walls, if
necessary. It was more designed to prevent pollutant water discharge into the wetlands - not to
stop forest fires or protect single family homes. (Ex. 15)
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Susan lstenes, AlCP, Director
Zoning & Land Development Review
April 21, 2008
Page 17
. Note also that the language of Sec. 3.2.4.8.7.3 (platting requirements relating to
preserves) (now codified as 10.02.4. B) was changed since the 1991 LDC. (Ex. 30). The
language allowing default to agency buffering was eliminated. A requirement was added
that these setbacks are in addition to buffering was inserted. Tlus elevated the "Preserve
Easements" to even higher status, now mandating a 25 foot setback for lots and
construction, in addition to any agency buffering.
This LDC section is now located in LDC Sec. 10.02.04 B.I and reads:
"Additional regulations [on top of the 25 foot platting setback] regarding
preserve setbacks and buffers are located in Chapters 4 and 10, and shall
be applicable for all preserves, regardless if they are platted or simply
identified by recorded conservation easement."
(Ex. 30) I am unable to find what ordinance effected this change.
. Please also note Susan Mason's e-mail (8/16/07) which was forwarded to Commissioner
Henning, where she quotes this new provision - requiring the 25 foot setback in addition
to the jurisdictional agency buffering - in support of Barbara Burgeson's position. She
neglects to mention that this additional buffering was well after the aIde Cypress PUD.
Olde Cypress was grandfathered under the older standards where the agency
jurisdictional buffering prevailed. (Ex. 20)
. I have questions about how the 10.02.04 B.l revision (eliminating default to agency
buffering and requiring 25 feet in addition to agency buffering) carne to be. 1 reviewed
the draft of Ordinance No. 04-08 given to the BCC at the fmal reading on February II,
2004. (Ex. 27,j-k) I did not see the change in there. Yet, the index in the hard copy of
the LDC notes that it was changed by Ordinance No. 04-08. (Ex. 28) The change does
appear when the entire LDC was reformatted by Ordinance No. 04-41 (UDC). However,
I do not find any place where Ms. Burgeson advised the CCPC or the BCC about the
change eliminating deferral to SFWMD on this issue of allowing buffering to satisfy
County preserve setbacks. Could you please review this with Ms, Burgeson to see
whether, in fact, this dramatic change was ever presented to or voted on by the BCC?
Was this simply put into reformatted Ordinance No. 04-041 (UDC) without telling any
one? I have not had the result of my public document request on this issue answered.
If what appears to have happened, the rule of "unintended consequences" may apply.
. You are also confused when you state that in 1999/2000 the aIde Cypress PUD
document should have expressly modified the LDC "preserve setback" requirements.
Because this construction setback had not yet been adopted when the aIde Cypress PUD
was approved, the PUD document could not have expressly modified it. The aIde
eypress PUD document contains a table of construction setback standards. This table
1A
Susan Istenes, AICP, DirecLUr
Zoning & Land Development Review
April 21, 2008
Page 18
expressly modifies all construction setbacks then applicable in 1999/2000 and expressly
states that the table controls all principal structure location. As to the lot location
setbacks on plats, the Olde Cypress PUD expressly defers to the SFWMD permits -
which is what the 1991 LDC mandated should occur when there were such buffering
requirements from other agencies.
. You are correct that from the 2004 amendment (passed 2/11/04) and forward, preserves
are now always platted and dedicated easements to the County with absolute 25 foot
setbacks. This, however, does not apply to grandfathered PUDs or single family lots.
2004 LDC REORGANIZATION
The County totally reorganized the entire LDC later in 2004 by Ordinance No. 04-41 (UDC).
The most recent vegetation preservation Ordinance No. 04-08 was carried forward into Sec.
3.05.00, as written.
CONCLUSION
I understand that Barbara Burgeson takes a more aggressive approach and advocates that the 25
foot construction setback (in addition to agency buffering) has been around since 1991. Not
true. This is Ms. Burgeson's personal historical revision. It is Ms. Burgeson's aggressive
advocacy which has created this problem and appears to be the source of your confusion.
An objective review ofthe 1991 LDC evolution and amendments in 2003/04 reveals why your
predecessors in office, the CCPC Chair, and the County Attorney all construe the LDC quite
differently than you. Prior to 2003, the only setbacks to preserves in the LDC related to the
location of lots on the plat and the LDC deferred to agency buffering to satisfy the preserve
setback. In 2003/04, the LDC was amended to elevate native vegetation retention status. The
boundaries had to be delineated, labeled "Preserve" on the plat, and dedicated to the County by
easement. The LDC was also amended to require 25 foot construction setbacks to such Preserve
Easements, notwithstanding buffering otherwise required by other agencies. But when these
amendments were initiated, Olde Cypress was grandfathered and single family residences were
expressly exempted. This explains why there are hundreds of cases which have been approved
contrary to your new interpretation. The Grider approval was not a mistake but was consistent
with the way the County has always administered the LDC and consistent with all of the Olde
Cypress approvals for everyone else. The Griders received assurances of the setbacks before
their purchase, obtained building permits, passed all inspections, and spent well over a million
dollars building their home.
Your new interpretation applies new standards adopted in 2004 to old grandfathered PUDs -
which used the SFWMD buffer as the preserve setback, as the LDC required. Your new
interpretation affects hundreds of residents in addition to the Griders. It has caused a huge
~4
Susan Istenes, AICP, DirectOr
Zoning & Land Development Review
April 21, 2008
Page 19
problem and will create legal liability for Collier County. It would be wise - and the correct
legal thing - to reconsider your opinion,
In sum, the new construction setback provisions in Sec. 3.05.07 H of the LDC adopted in
2003/04 do not apply to OIde Cypress because:
(l) aIde Cypress does not have a County-dedicated Preserve Easement on its plat.
The lot setbacks were controlled by the SFWMD permits via uplands buffering, as called for in
the 1991 LDC. The construction setbacks (yard requirements) are controlled by the PUD
document.
(2)
to preserves.
did not exist.
At the time of the Olde Cypress PUD, there were no LDC construction setbacks
Therefore, the PUD document could not have exempted such requirements. They
(3) Not only is Olde Cypress a grandfathered PUD, but Sec. 3.05.07 exempts all
platted single family residences from all requirements of Sec, 3.05.07 H, now calling for
construction setbacks.
PRESENTATION OF EVIDENCE
If you do not reconsider and revise your opinion, then we want a full public hearing before the
BCC.
The County has not given us an opportunity to present evidence. We wish to present live
testimony at the appeal hearing, and we want to subpoena prior staff members and others who
have knowledge about the permitting process and evolution of the LDC. We wish to present
testimony of the planners and professionals involved in the PUD and platting process for Olde
Cypress. For scheduling purposes, I anticipate it will take two days for us to present our case.
Please advise as to how we can have subpoenas issued.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
B]1~,
MLC:smm
Enclosures
11t
Susan Istenes, AICP, Direct".
Zoning & Land Development Review
April 21, 2008
Page 20
cc: Joseph K. Schmitt (w/encls. except Appendix - via e-mail and U.S. Mail)
Jeffrey A. Klatzkow, Esq., Chief Assistant County Attorney (w/encls. except Appendix-
via e-mail and U.S. Mail)
Craig D. Grider and Amber C. Grider (w/encls. except Appendix - via e-mail and U.S.
Mail)
P:\DOCS\25190\OOOOIILTR\134SI43 DOC
istenes amended appeal official interpretntion
1A
INDEX TO APPENDIX TO GRIDER APPEAL
OFFICIAL INTERPRETATION NO. 2008-AR-12880
VOLUME I
(procedural History)
Tab Document Date
1. Bee Minutes, re: Farese Report 1/15-1/16/08
2, Farese Report 12/7/07
3. Omitted
4. Omitted
5. Request for Official Interpretation 1/22/08
6. Grider objections to Official Interpretation Proceeding
and County Attorney response
7. Grider response to request for Official Interpretation
(a) Cooper letter to Istenes 2/29/08
(b) Cooper supplement letter to Istenes 3/20/08
8. Official Interpretation 3/17/08
9. Supplemental Memorandum to Official Interpretation 3/17/08
10. Notice of Appeal 4/15/08
VOLUME II
(Commission and Staff Involvement)
Tab Document
11. Tor Kolflat letter, re: meetings with staff
12. BCC Calendars - meetings with Kolflat and Kolflat
attorney
13. Houldsworth memo, re: 29 other PUD "violations"
14. County Attorney memo, re: (a) no memos or training on
Istenes new interpretation, (b) no other lots turned down in
Olde Cypress for violations
15. Herbst e-mail toHenning.re: SFWMD buffering
16. County Attorney Memo to Henning, re: response to Olde
Cypress Request
17. County Attorney e-mails to Henning re: Mark Strain's
interpretation
18. Ron Nino e-mail confirming standards
19. Miscellaneous e-mails.re: variances required for Olde
Cypress
20. Henning e-mails on Grider lot and Henning e-mails on
Grider lot from home
21. Omitted
22. Clay Brooker e-mail.re: legislative history
~A
Date
1/9/07
1/2/08
4/14/08
11/26/07
12/18/07
12/21/07
2/28/07
1~
VOLUME ill
(Legislative History)
Tab Document Date
23. LDC Art. 2 (1991) Zoning, Sec. 2.2.20 (PUD)
24. LDC Div. 3.2 (1991) Subdivisions
25. LDC Div. 3.9 (1991) Sec. 3.95 Preservation Standards
26. (a) Ordinance No. 03-27 (Vegetation Removal,
Protection and Preservation)
(b) Ordinance No. 03-27 Legislative Summary Sheet
(EAC, CCPC, BCC)
(c) Ordinance No. 03-27 Barbara Burgess Report
(d) Ordinance 03-27 CCPC Minutes 4/9/03 and 5/14/03
(e) Ordinance No. 03-27 BCC Agenda and Executive 6/16/03
Summary
27. (a) Ordinance No. 04-08 (Vegetation Removal,
Protection and Preservation) (Staff Copy)
(b) Ordi.nance No. 04-08 (Official Copy)
(c) Legislative Summary Sheet (EAC, CCPC, BCC)
(d) CCPC Minutes (missing)
(e) Executive Summary 2/14/04
(I) Authors and Index to LDC sections covered
(g) BCC Executive Summary
(h) BCC Agenda 2/11/04
(i) Transcript
(j) Table of Contents
Tab Document
(k) Tab L (Vegetation Removal)
28. LDC Amendment- History from hard copy ofLDC
29. Ordinance No. 04-41 (LDC 3.05.07)
30. LDC Chapter 10 (2004) (10.02.04 B Final Plat
Requirements - Protected Areas/Preserves)
Date
1A
VOLUME IV
(Olde Cypress History)
Tab Document
Date
31.
(a)
Olde Cypress PUD
(b) SFWMD Jurisdictional Map - Uplands Buffer,
Wetlands
(c) Plats of01de Cypress
1(\
'lA
VOLUME V
(Grider House - Permitting History)
Tab Document Date
32. Permit Application
33. Permit Tracking
34. Square footage comparison
35. Staff assurances, re: setbacks
36. Staff review and approvals, re: setbacks
37. E-mai1s, re: other treatment in 01de Cypress
38. Temporary Certificate of Occupancy
39. Notice of Violation and Responses
40. (a) Gocbenauer e-mails, re: Susan Mason position
(b) Angel Tarpley reply
P:\DOCS\25190\OOOO 1 IDOCl1342123 DOC
appendix re appeal
Naples Daily News
Home > N~ws >,Localnews. " .
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AmberGri~er, 3'1, w~!; ~~ ;Y12~rs'~I~ iii' 2~~4,-Wh~ri~q,etor~ di1ignosed her brain
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tumor. After surg<;iry a~cl ehemotllerflPVi she is.baejc t,eaehins at the Village
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School. Grider WHIITa~~er.t.~~.ri1rI'~rry~er:sf-;nt~~~~,!~F~~'. for,t~e Gulfview Relay
for Lifestarl;ing Frjgay~t~~,.~,,~~,~4If~li~~i,~'dPI~~.~h~~1 \,hd is co-eMir of the
Naples relay this year iit Naples. ' ... , ".
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Amber Grider took6ri a brain tuiT)orWlth attitude,. ", "
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When the 2~-y'ear-old sC;hRPI~~~~her ~~~"~pl~ Pl')~ ~p~ 9ro:'ilng i~~lde he~ i:lraln, she
researched her optIons, and vyas.hpv1ng surgery '! monthlpt~p' at ~.D, Ander~on Cancer
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Six weeks afl:er s~r~EOry'?~~I:~p,s,,~~,SKJM~eql~,~s~om, t7ac~ir~~ at The Vill~ge School of
Naples, operatecj by North, I'laples: Unjteg, ~!1tl??~i,st chLlrch. Today, four years later, she
and her J1usbpnd,c:raig;:~~~: enjpying ,tHeil,1: iii;ifc;h(ld) Ei~fnon~h~pld Deyon. :;he's taking a
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break from teaching t?!;>e at horri~f'yrth,iietspl)):::,',:':i' .:: ., .
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nI worked hard at recovery/':GrieJer,Said ofh$rcaricer. ','It is not the end. Cancer Is no
longer a death sehi:~~~e'/it is:lid~ \h~ tinj~:t~h:iV~:up.'I't"s time to put on a good attitude
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and fight. '. ::: .., 'I' " ",,!. ;,!, "
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Grider, now 31, i~ c6.cc~airW.9!1\an6ftlii~'year;'s;RelaS' M.'Ufe Qf Napiias; w~lch begins at 6
p.m. Friday at GulfvJeW'Mlddi~;'S'th66i;;2S5~'SI~th15fs.iThe 6v~rnjght fundraiser for the
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An:erica~ f~8,c~r f??!=ie~f#.~N~~~:I~~:?C~f!~~:~~;lrirD~P~~:'S~~Se~~Li~i~ors poi nil the
openi~g lap aro~nd t~~~7'h~~!Jf~S~f~.d,~,I1~ Ii~htl.ng,::~r,!urrm,arles at 9 p.m. In honor of
survivors and tl1ose"whose lives have been lost. .:' ..... .
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The goal with this year':; 12th' alirtualJelay eveilt,istq faise $720,000 with 100 teams
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partIcipating, said. Ann Gardner, lfI'!th~he \=P!.II~t,~hapt.~r?f't~e:c~ncer society. This year's
theme is "Relay Arblmd the WorJd/lso teams will decOrate! their "campsites" around
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Several thouspnd peopi~ i:uAi#Gi fbr f~~ '~Yent 13$ te~r1i;'rn~mb~rs. cancer sl,Jrvivorsand
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supporters. LaSt year, there were 82 te~rDs i>nd the Naples' felay raised $703,000,
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Gardner said. ' , ; ~,':' ':1":; ; ''';: ::' ',- :.\;":\:'; ~,/:" "! :::.
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Grider wlil wear her purple T~sh!rt ,as a canter. sUJ'Vjvor:, She also ha?, a team; "Amber's
Antibodle!s," of frie'n'ds and famliy \~h~ wiJi :f~i~litJb\ieYfor fh'~ annual event.
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She has had a clean bill 9f ,h$alth's1I1ce ,h~r ~Lirg~rY bU,tneeqs tp get MRI's every six
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oncologist at M.D; .Anderson'said It wil.1 come bcick; SQ. tnat's why the MRI's every six
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months. And that's OK until we; find a .cure for, this. n. ,~
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It was summer In 2Q04when 'she.could no longerthilik stress was to olame for her
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headaches. They had becomei Intolerable; She saw'several doctors and learned she had a
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tumor In the left: front parl: of her brain;' ': :.' ,: .' ,
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"It was sitting where 'my speed) q~9tei-was;" sh$s1lI'd::'Duringsurg~ry, I was awake to
make sure my speecri'wasn't ;iff~ct~d. Theyhadnn'e'~~lking.:" '
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Her speech V\I~s not aff~cte9 Yet hE;r rei:a1I'.~9!?~ay'\hi!e, tqc6me back. She underwent
'. .'.' c.,_, ':' ,"",.1"',11 , ", 'I . I ,I", __ ,;: '1',1_ I.. i ,'I-,t'"''''I:I.', 'L,...I"".-~ .,IL '.- ,.11 -, ,.1 ,-1. . I , _.','
four rounds of , oral ~ti~1)79t~~r,~PY f9(~iX'\N~~K!ii;j~~h,\'iTe/ ~!i(j that Was exhausting.
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She attends a brain tq~pti~u,~pOrt'g'~~,~~;ai~?,I~~r'n~4a:bplJt,~h~r~l,:y In 2005 from a
friend who told hei'tci cQiT]e, walk ~ :1i?R i!![pypd ~~etr'a<::k, She vvas stili doing her
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chemotherapy butcame~othe sCh,c>~J;:'l1St y~arf sh7 hi?~: a tealTi and raised $8,000 and
this year they have raised $11,500 so far, I', '
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"Since thes~r~ery~ eye,'J~hingr?s"bern:9r~at/~~he ~$id, "~od d~f!nitely has had his
hand in the'situatiori, "We've'had fabulous care;~!i' "
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1A
COUNTY ATTORNEY LEGAL CONSIDERATIONS
A TT ACHMENT AND PROCEDURES MEMO AND COPY OF
RESOLUTION NO. 95-376 AND RESOLUTION NO. 98-167
1A
COPY OF
APPEAL REQUEST
ADA-2008-AR-13212
1A
COpy OF
OFFICIAL INTERPRET A nON
NO.2008-AR-12880
'1A
Memorandum
To:
Board of County Commissioners
Through:
Joseph K. Schmitt, Administrator, CDES
From:
Susan M.lstenes, AICP, Director
Department of Zoning and Land Development Review
Date:
March I I, 2008
Subject:
Supplemental information related to the Olde Cypress PUD Official
Interpretation AR No. 12880
Notwithstanding my official interpretation regarding the applicability of the LDC
required preserve setbacks to the Olde Cypress PUD, it is known that there are structures
within this PUD and others which received building permit approval at setbacks less than
25 feet for principal structures and 10 feet for accessory structures despite these preserve
setback requirements for properties adjacent to preserve areas, I believe that the setbacks
to preserves, although required, were not uniformly applied by the developer when
sighting individual single family homes on lots adjacent to preserves and subsequently
not uniformly applied during the building permit application review for these affected
properties.
I also believe that my opinion as the Zoning Director today, may not have been uniformly
shared by the number offormer (since 1991) Planning Directors or Managers, despite the
fact that many PUDs approved from the early 1990's clearly established separate and
distinct requirements for preserve setbacks within the adopted PUD ordinances; and
where a PUD failed to specifY the preserve setback, would have been then subject to the
LDC requirements for preserve setbacks. In all likelihood, during the 1990's and early
2000' s the development standards for primary and accessory structures, as they were
adopted in a PUD (if absent specific reference to preserve setbacks), were the setbacks
that were applied to all structures on all properties, in spite of the fact that some were
abutting preserves and required the preserve setbacks. I believe this occurred even though
County records clearly indicate that the staff review for preserve setback requirements
was being continuously and consistently conducted at the time of preliminary subdivision
plat and final plat for every project with designated preserve/conservation areas (plat
reviews occur before building permit application reviews but after zoning approvals).
1A
Furthermore, because the Olde Cypress PUD did not expressly set forth a separate set of
requirements for preserve setback standards, it is my belief that the preliminary
subdivision plat approvals were not further evaluated by both the developer during
building design and the staff during permit review, thus the requirements for preserve
setbacks, under which the plats were approved, were not taken into further consideration.
The breakdown appears to have occurred at the final plat phase of a project, as was
previously discussed with the Board of County Commissioners,
Setback lines are not customarily shown, nor are they required to be shown, on the final
plat. Any and all easements such as drainage easements and utility easements that
restrict development, are required to be displayed on the legally recorded final plat. The
recording and noting of conservation easements on final plats for dedicated preserves is a
relatively new requirement (since 2003), As such, individual site plans for homes on
single family lots laid out by the professional land surveyor do not normally show
setback restrictions from the preserve and it is apparent that the architect-engineer who
designed and laid out the home on the site failed to refer to the LDC for any land use
restrictions, and most likely applied only the setback criteria and development standards
as defined in the respective PUD, The plans were then subsequently submitted as part of
the permit plan set for review by the Building Department. In all likelihood permitting
staff relied only on the information noted on the final plat and the PUD setback
requirements expressly as they were written in the PUD. Unless specific preserve
setback requirements were set forth in the PUD. both the developer and staff apparently
then failed to consider the additional requirements for preserve setbacks as described in
the LDC and the preserve areas as approved on the preliminary and final subdivision
plats, for those properties abutting preserves. Similarly, as in the Olde Cypress case, if the
legally recorded final plat did not note the location of the preserves, both the developer
and the reviewing staff failed to apply the preserve setback standard. It is important to
note that permits for single family homes are not routed through the Zoning, Engineering
and Environmental Departments for zoning related reviews,
It is my opinion that approval of these permits without the required preserve setbacks is
both in violation ofthe Land Development Code requirements and is contrary to the
development approvals for preliminary subdivision plats and final plats where platted lots
abutted designated preserve areas. The difficulty in carrying that zoning and subdivision
review approval forward for preserve setbacks may be explained by the fact that the Final
Plats are largely approved in accordance with Florida State Law. and the requirements for
preserve setbacks is a local ordinance, thus the preserve setback requirement approved at
the platting stage of development approval was not memorialized on the Final Plat as
adopted by the Board of County Commissioners.
:2
APPENDIX TO GRIDER APPEAL
OFFICIAL INTERPRETATION NO. 2008-AR-12880
VOLUME I
(Procedural History)
Tab Document
1. BCC Minutes, re: Farese Report
2. Farese Report
3. Omitted
4. Omitted
5.
Request for Official Interpretation
6. Grider objections to Official Interpretation Proceeding
and County Attorney response
7. Grider response to request for Official Interpretation
(a)
(b)
Cooper letter to Istenes
Cooper supplement letter to Istenes
8,
Official Interpretation
9.
Supplemental Memorandum to Official Interpretation
10.
Notice of Appeal
Date
1/15-1/16/08
12/7/07
1/22/08
2/29/08
3/20/08
3/17/08
3/17/08
4/15/08
1A
1A
'.........
fj)
v
COLLIER COUNTY
BOARD DF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
~.
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AGENDA
January 15, 2008
9:00 AM
Jim Coletta, BCC Chalnn.n, District 5; CRAB Vlce.ch.lnnan
Tom Henning, BCC Vlce- Chalnnan, District 3
Donna Fiala, BCC Commissioner, District 1; CRAB Chalnnan
Frank Hala., BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER eBlS2B TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO, 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,
REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTMTIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),
REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE
SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M,
1 of 16
"fA
D. Appointment of members to the Collier County Productivity Committee.
E. Appointment of members to the Development Services Advisory Committee.
F. Appointment of member to the Ochopee Fire Control District Advisory Committee.
G. Appointment of members to the Golden Gate Community Center Advisory Committee.
H. Appointment of member to the Collier County Planning Commission.
10. COUNTY MANAGER'S REPORT
A. Recommendation to Endorse Code Enforcement Board and Special Magistrate Rules and
Regulations. (Michelle Arnold, Code Enforcement Director)
B. This Item to be heard at 2:30 p.m. To provide the Board of County Commissioners with a
complete summary of the stonnwater Issues In the Willow West neighborhood and to fully
explain staffs recommended plan of action. (Gerry Kurtz, Transportatlon/Stonnwater
Management)
C. This item to be heard no earlier than 4:00 p.m. A discussion by the Board of County
Commissioners with representatives of agencies that might be affected by a possible change In
the BCC Resolution to reflect an amendment to Florida Statutes regarding the use of All Terrain
Vehicles (ATVs) on certain unpaved roeds In Collier County. (Bob'Tlpton, TransportatlonlTafflc
Ops)
D. Review the recentiy completed Vanderbilt Recreattonal Pier Feasibility StUdy and obtain
direction from the Board of County Commissioners on how,to proceed. (Gary McAlpin, Coastal
Zone Management Director)
E. Recommendation that tha Board of County Commissioners adopts a resolution recommending
Prime Homebullders, Inc., In a prlvete-publlc partnership with Collier County, as an applicant
for the "Representative Mike Davis Community Workforce Housing Innovation Pilot Program"
(CWHIP) for the 2008 application cycle. (Marcy Krumblne, Housing and Human Services
Director)
F. This item to be heard at 3:30 p.m. Recommendation that the Board of County Commissioners
provide direction to staff 10 develop Delasol Neighborhood Park. (Barry WIlliams, Parks and
Recreation Director)
11. PUBUC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This Item to be heard alll :00 a.m. Investigative Report by Outside Counsel, Lawrence A.
Farese, Esq.,of the f1nn Robins, Kaplan, Miller & Ciresi, L.L.P., to the Board of County
Commissioners Regarding the Olde Cypress PUD.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
40116
rrA
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
~.
V
)f ,,\
AGENDA
January 15-16, 2008
9:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice-Chairman, District 3
Donna Fiala, BCC Commissioner, District 1; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISIDNG TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUlRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
Page 1
January 15-16,2008
'1A
12. COUNTY ATIORNEY'S REPORT
A. This item to be heard at 11:00 a.m. Investigative Report by Outside
Counsel, Lawrence A. Farese, Esq., of the firm Robins, Kaplan, Miller &
Ciresi, L.L.P., to the Board of County Commissioners Regarding the Olde
Cypress PUD. '
Motion to accept report - Approved 3/2 (Commissioner Henning and
Commissioner Fiala opposed) and Commission requesting an
administrative opinion from the Zoning Director - Consensus
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
January 16, 2008
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. David Weigel- Update on the Marshall vs. Collier County Lawsuit
B. Jeff KIatzkow - Olde Cypress PUD: official interpretation regarding
residents that border a preserve as provided by Florida Association of
Counties
C. Jim Mudd - Re: letter from Youngquist Brothers, Inc.
D. Jim Mudd - Public Service Announcements will not run on CCTV
E. Commissioner, Fiala - Suggest airing non-biased property tax reform
information on CCTV (Panel discussion held on 1-17-68)
F. Jim Mudd - Regarding buyout program for eligible employees to be
brought before the BCC at the next BCC Meeting
G. Jim Mudd - Motion for County Manager Mudd and Commissioner
Halas to visit Washington D.C. February 13-14, 2008 to voice Collier
County's needs to our legislators - Approved 3/1 (Commissioner
Henning opposed and Commissioner Coyle absent)
H. Commissioner Coletta - Invite to Southwest Florida Regional Planning
Council's Meeting of January 17, 2608
I. Commissioner Halas' heartfelt congratulations to our new Chairman-
Commissioner Henning
------------------------------------------------------------------------------------------------------------
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of each
item. If discussion is desired by a member of the Board, that item(s) will be removed
Page 10
Jannary 15-16,2008
1~
January 15-16,2008
fuel tank and beam crane were delivered and installed.
We also received the final air-handling unit which was installed,
and this enabled the end wall to be closed up. Windows and doors
followed, and the glazing installation is currently underway.
With the completion of the installation of the hangar doors at the
end of December, Mark Construction left the site last week, and
Vanderbilt Bay is now concentrating on finishing trades.
Both the internal and external painting has started, and the
majority of rough-in work for electrical and plumbing is now
complete.
The air-conditioning contractors are expecting to have chilled air'
by mid February. Carpeting, flooring, and all other finishes are
scheduled for March.
It has to be said that this project has been both complicated and
challenging, but a challenge that VBC has been able to meet.
Working with the county's project management team and the architect,
VBC has been able to provide solutions that have enabled the project
to adhere to a very tight schedule.
Vanderbilt Bay has maintained accelerated progress, knowing
how critical the early completion of aircraft is for the Aviation
Bureau. By rescheduling and increasing resources, the Aviation
Bureau will be able to relocate to their new hangar and offices ahead
of schedule on March the 17th, 2008.
The remainder of the buildings will be complete and ready for
occupancy shortly thereafter. Thank you very much.
CHAIRMAN HENNING: Questions by the board, board
members?
(No response.)
CHAIRMAN HENNING: Nothing, thank you. We're going to
move to our time certain.
Item #12A
Page 64
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January 15-16,2008
INVESTIGATIVE REPORT BY OUTSIDE COUNSEL,
LAWRENCE A. FARESE, ESQ. OF THE FIRM ROBBINS,
KAPLAN, MILLER & CIRESI, L.L.P., TO THE BOARD OF
COUNTY COMMISSIONER'S REGARDING THEN OLDE
CYPRESS PUD - MOTION TO ACCEPT REPORT - APPROVED;
COMMISSION REQUEST OF AN ADMINISTRATIVE OPINION
FROM THE ZONING DIRECTOR - CONSENSUS
MR. MUDD: That's 12A. This item to be heard at 11 a.m. It's
an investigative report by outside counsel, Lawrence A. Farese,
Esquire, of the firm Robins, Kaplan, Miller, and Ciresi, LLP, to the
Board of County Commissioners regarding the Olde Cypress PUD.
MR. FARESE: Good morning, Commissioners. Again, Larry
Farese of Robins, Kaplan, Miller, and Ciresi, 711 5th Avenue South
here in Naples.
I'm here to discuss the second part of the written report that I
presented last month, and this part concerns the Olde Cypress PUD.
That subdivision, if you may recall, was approved in three plats
by the board back in 1999, units one, two, and three. Olde Cypress
unit one platted the entire subdivision but left certain tracts for future
development. Plats two and three were, in essence, the replats of the
tracts preserved for future development.
And when you look at the first plat -- if! can ask Mr. Mudd,
perhaps, to -- this is a part of the first plat, and I can't -- okay.
Here's a future development tract, which we'll discuss later. It
happens to be the tract that Lone Pine Lane is situated in where the
Greider residence was subsequently built.
And this is the designation of tract A conservation area. There's
176 acres of conservation areas, and it was clearly labeled in tract one,
or unit one, I should say, that tract A is a conservation DE, meaning
drainage easement.
Page 65
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January 15-16,2008
When units two and three were replatted, however, the
designation of the conservation area was not carried forward. What
this simply shows, when you read it in the exhibit in my report, is that
this area here is tract A, unit one, but it does not say conservation area,
and that becomes important later when we discuss the setback issues.
Also, in this particular tract, there was a golf course easement
along this area right here, a 1O-foot golf course easement platted;
however, the golf course was situated elsewhere, and there is no golf
course behind this particular area. It is purely conservation wetland
area.
Over a period of six or seven years following the recording of
these plats, permits were issued for the construction of residences in
these areas. And this, again, happens to be Lone Pine Lane.
The setbacks for the homes were approved by staff in accordance
with the provisions of the PUD document. And for single-family
homes, those setbacks are 25 feet on the front yard, five feet on the
side yards, and 20 feet on the rear lot line; however, accessory uses
such as pools and screen enclosures, et cetera, were permitted within 5
feet of the rear line.
The permit files that I've reviewed -- and I've reviewed 17 of the
ones in these areas -- do not reflect any consideration for the 25-foot
preserve setback that you find in the Land Development Code.
There's no mention of that, no evidence of any consideration ofthat.
As a result of the Greider controversy -- which I'll explain in a
moment -- that issue has been called into question. If the 25-foot
preserve setback -- that is a setback 25 feet from the lot line because
this adjoins a plat area that applies -- then we have 17 residences -- I
count 17 residences -- that is an encroachment upon that setback.
Most of them, 15 of the 17, encroach by five feet or less, and the
reason for that is, staff applied a 20-foot rear setback as provided in
the PUD instead of25-foot setback as provided in the Land
Development Code.
Page 66
'1~
January 15-16, 2008
Two of the residences, the Greider residence and the
Dunkleberger residence, encroach by more than that. Dunkleberger,
11 feet approximately, and Greider, 14 feet approximately.
The reason for that is, that the side yards of those two lots -- and
these are the two lots here -- adjoin the preserve area. And so if you
apply the PUD document, you're only talking about five-foot side yard
setback instead ofthe 25-foot preserve setback, and that's where they
encroach more.
So question number one that was presented to me as the
independent investigator is, how did it happen that there were 17
violations of this preserve setback in one particular subdivision?
As I point out in my report, I am not convinced that the preserve
setback set forth in the Land Development Code applies to aIde
Cypress in this particular case, and the reason for that is, there are two
sections in the Land Development Code that provide for this 25-foot
preserve setback.
One is section 3.05.07(H). That provision, in my opinion, clearly
does not apply because it says so. There's a provision in that section
of the code that says that single-family residences are exempt from the
requirements of3.05.07(H), which is the 25-foot preserve setback.
What is confusing is, the other section of the code, which is
1O.02.04(B) (I), does not have the express exemption and it says
about the same thing, that is, 25-foot setback from preserve area.
But that particular section, as I point out in my report, deals with
platting requirements of the final -- for the platting, and it is, at the
very least, confusing to me whether that section of the code which
tells, in my view, platters what provisions have to be contained in their
plats, applies to the permitting.
And so the question is, does that section in the code tell the
person designing the plat to set the lots back to a degree sufficient to
provide a 25-foot setback, or is it saying the lots wherever they are
placed in the subdivision, if they adjoin the preserve, have to be set
Page 67
1A
January 15-16,2008
back a certain distance, that is 25 feet.
If you look at this next exhibit, this happens to be, at least show
-- this is the Greider lot over here in this section here. This particular
exhibit shows where the wetland preserve actually is, and you'll see
there is some distance, although it's not specified in this particular
exhibit, how far back from the lots the preserve area actually is.
Sometimes it's closer to the lots than others.
So I asked the question of staff to clear up my confusion, does
this section of the code, section 10, in your opinion, apply to
single-family residences? And I'm told by staff that they have
interpreted the code to apply to a 25-foot setback to building lots
whether they're in platted subdivisions or not.
Ifthat's the interpretation, then obviously, as proven by this case,
it has not been consistently applied. We have 17 violations in Olde
Cypress. My guess is, although I haven't looked into it, that if you
looked at other subdivisions with similar preserve areas, you might
find similar conditions.
So our conclusion is that if the preserve setback applies, the
reason that it was not enforced in this particular case is one of three.
Number one, either the planning technicians did not know that a
preserve area adjoined the lots -- and that was the explanation given to
me by the technician who reviewed the Greider application. Angel
Tarpley told me that she did not realize this particular lot adjoined the
preserve area because it wasn't labeled as such. So that's certainly one
possibility, and that is the explanation given to the Greider case.
Another possibility is that staff knew that the lot adjoined the
preserve area but didn't know about the preserve setback. And we are
dealing with six or seven years, several different people. There's no
evidence of any consideration given to the preserve setback, so
perhaps staff didn't understand that it applied.
Or third, that staff knew it adjoined a preserve area, knew of the
preserve setbacks in the Land Development Code, but believed that
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the PUD document trumped that setback. Those are the three
explanations that I can come up with.
I can tell you, however, that it appears to me that all of these
permits that we're talking about today were issued in the ordinary
course of business. There were several different people, as I said, and
the preserve setbacks simply were not considered.
Let's talk about the Greider controversy, which I think brings this
to the forefront. Mr. Craig Greider is an attorney in town. He's with
the Goodlette, Coleman, Johnson law fIrm. They do represent
developers, including Stock Development, who is the successor
developer now to the aide Cypress subdivision.
Partners in that firm, particularly Mr. Y ovanovich, appears in
front of you regularly, and they have, in my view, an excellent
reputation in town for land development.
Mr. Greider talks to Stock Development about purchasing lot 28.
And lot 28 was an unusually shaped lot. If! can put back -- it's
situated on a cul-de-sac. Visually it appears to look like a corner lot in
the sense that the cul-de-sac wraps around two sides of the lot. And it
was difficult to design a house on that particular lot, because if it's a
corner lot, you have two 25-foot setbacks for the front yards and then
two side yards with five-foot setback.
But in this particular case, you also have a 10-foot golf course
easement, which you couldn't build upon. So the building envelope
for that particular lot was very small.
And I also saw promotional materials dated around 1999 by the
original developer which advertised this lot as a corner lot and said
that the 25-foot setback had to be from the lot parameters. So if you
push 25 feet back from the entire lot in the two fronts and you
consider the 10-foot setback because of the golf course easement in
the back, you have a small envelope.
As a result of that, this lot sat there vacant for several years. It
was the only lot left on that particular street.
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January 15-16,2008
Mr. Greider spoke, prior to purchasing the lot, spoke and
conferred by email with two staff people about the setback restrictions
on this particular lot, and Mr. David Hedrich and John Houldsworth,
seeking clarification as to what the setbacks would be if he went ahead
and purchased this particular lot.
And he was told verbally and confirmed by some emails a couple
of things, number one, you wouldn't measure the 25-foot front yard
setbacks from your property line, but rather you would measure it
from what's called the cord line, which is an imaginary line connecting
points along the front of the lot.
Secondly, the golf course easement could be vacated provided
the developer agreed to that because the easement was not a county
easement utilized by the county for any reason. It was an easement to
be used by the developer for the golf course. And if the developer
leased that easement, then it would be okay from the county's point of
Vlew.
And so if the golf course easement was released, you would have
a setback of 25 feet from the cord line and the two fronts, and a
five-foot setback at least for accessory uses, on the rear.
On that basis, Mr. Greider purchased the lot in December 2005
believing that those were the setbacks. He went to the developer, the
firm's client, asked for a release of the golf course easement. The
developer granted that because it was of no use to the developer at that
point, and that was released in June of2006.
Greider then applied for a building permit to build a home on the
lot. It was reviewed by Angel Tarpley initially, a planning technician,
and she, on her own, from a visual inspection of the lot, considered it a
comer lot.
My understanding is that when a comer lot is determined, the
policy is for two planners to review it. So a second planner looked at
the application and also agreed it was a corner lot.
I didn't see any discussion between those two technicians and Mr.
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Greider or anyone on his behalf. It appeared to me that it was
determined in the ordinary course of business that this was a corner
lot.
And, again, no consideration for any preserve setback. The
setbacks were determined and written on the survey of provisions in
the -- of the PUD.
And as I said, Angel Tarpley told us she didn't realize that there
was a preserve issue because she didn't see it on a plat.
So a permit is issued for Mr. Greider to build a home that's larger
than most on that particular street. His house is 3,800 square feet,
where most are, my understanding, is in the low 2,000 feet range.
He's set back his house five feet from the side yard, and the
principal structure about 10 feet, 10 or 11 feet -- 10 to 15 feet, I should
say, from the rear yard, but he has a pool that goes all the way up to
the five-foot setback.
His next-door neighbor, Melissa Showalter, is a part-time
resident of Naples but it's kind of in reverse. She spends her time
during the school year up north and comes to Naples in the
summertime.
When she came back in the summer of2007, she sees a very
large, in her view, very large house set back very close to her
adjoining lot. She has the lot to the -- next to Mr. Greider. And she's
upset because it blocks her view of the preserve. It also invades her
privacy in the sense that the second story has a balcony to it, and there
are several windows on the second story which directly overlook her
pool area, and there's a direct line of sight into her bedroom area. So
she's upset about the fact that this house is there and she complains to
the homeowners association, represented by Diane Ebert, the president
ofthat association, and also complains to her father, who happens to
be --
CHAIRMAN HENNING: Mr. Farese, may I interrupt you for a
minute?
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MR. FARESE: Certainly.
CHAIRMAN HENNING: I must ask you, what was your
understanding what the board asked you or tasked you to do through
the County Attorney's Office?
MR. FARESE: The first question was, how did it happen that 17
houses exist that appear to violate or encroach upon the preserve
setback, and was there any special favors given to either the developer
or the individuals involved, and just how did it happen. I was not
given any limitation on where my investigation would lead to.
CHAIRMAN HENNING: Thank you.
MR. FARESE: But that was the first question.
So the complaints are registered with the county, and several
controversies have arisen with respect to the Greider lot. The first
controversy is, is this a comer lot or not? Melissa Showalter's father,
Tor Kolflat, apparently has an engineering background and, with a
protractor, determined that the interior angle of that lot is less -- was
not less than 135 degrees, which defmes a comer lot.
The 1991 Land Development Code defines a corner lot to include
a lot on the curved street if the interior angle ofthe side lot lines to the
foremost point of the lot is less than 135 degrees. This particular lot,
before the lot line adjustment, which I'm about to discuss, was
approximately 140 degrees; so, therefore, it did not meet the definition
of the Land Development Code.
He brings this to the attention of county staff. There's a meeting
on July 17 with Joe Schmitt, Susan Istenes, Ross Gochenaur, several
other people from the county, argues the county that point that this is
not a corner lot, staff agrees with that and notifies Mr. Greider that this
review as a corner lot was incorrect.
In response to that, Mr. Greider then applies for a lot line
adjustment under the Land Development Code, and to do that, he
deeds to his neighbor, Mr. Dunkleberger, a portion. And I'll put this
chart up, if you would, Jim.
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A portiQn of his -- make it a little bigger, Jim.
MR. MUDD: Oh, I will.
MR. FARESE: Okay. That's perfect.
He deeds to his neighbor, Mr. Dunkleberger, about 170 square
feet of this tail of his lot. And by doing that, the lot line then changes
the angle -- this is the interior angle -- to 134 degrees to bring it within
the 135 degree definition of a comer lot.
That particular request was reviewed by a couple of people in
county staff, including John Houldsworth and Russ Muller of the
Department of Transportation, and it was approved. That lot line
adjustment was approved by the county in May of 2007.
My understanding is that that action by the county is being
appealed by Ms. Showalter as to whether that was a proper approval
of the lot line adjustment. I think the issue there, which may come--
may become before you, is whether that was really an insubstantial
boundary change in light of the consequences of changing that
because it changes the setback, so that you may hear about that in a
different capacity than you're sitting today.
The second controversy dealt with the sidewalk of Mr. Greider's
residence. As Mr. Greider was developing his house, he wanted to
remove the existing sidewalk, which is shown here. It wraps around
the two fronts of his lot and terminates on Mr. Dunkleberger's
property into a grass area. He wanted to remove that sidewalk and
terminate the sidewalk at this point into his driveway.
That was brought to the attention ofthe homeowners association
controlled by Stock Development and the architectural review board
controlled by Stock Development. A fellow by the name of Bob
Delaney received the request, and Sandy Houldsworth, who is the
spouse of John Houldsworth, works for Stock Development in charge
of the association affairs.
They contact Diane Ebert -- because Diane Ebert is the president
of the homeowners association that was turned over to the residents --
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about this request, and a meeting occurs on Mr. Greider's lot.
Mrs. Ebert cannot attend due to a death in the family, so asks Mr.
Dunkleberger, who was a member of the architectural review board in
the residents association, to attend, and a meeting occurs between
Sandy Houldsworth, Bob Delaney, Mr. Greider, and Mr.
Dunkleberger.
They look at what Mr. Greider wants to do, and they agree that
Mr. Greider can remove this sidewalk provided the county approved
of the request to do so. If the county required the sidewalk to be
extended to some degree to go into the cul-de-sac, Mr. Greider agreed
that he would do so.
So that was -- there was a letter written by county staff -- I think
Mr. Houldsworth wrote that letter -- approving that particular no
objection to the sidewalk. The sidewalk was removed.
When the controversy arose in July, 2007, Ms. Ebert reported to
the county that the approval by her association was not valid because
Mr. Dunkleberger did not have the authority to speak for the
homeowners association and the board of homeowners association did
not approve of the request and, therefore, they are objecting to it and
want that sidewalk restored to its original condition.
Staff decided that that was not necessary, but in the Temporary
Certificate of Occupancy given to Mr. Greider, they are requiring that
the sidewalk be extended to the cul-de-sac and, I believe, a handicap
ramp installed.
And that's the current state of affairs. That's supposed to be done
according to the Temporary Certificate of Occupancy. But again, ,
there may be some administrative litigation about that.
The third issue, of course, is the 25-foot preserve issue. And staff
has issued a Notice of Violation to Mr. Greider and Mr. Dunkleberger
that they are violating the two sections of the code that I mentioned
and that they will need a variance to deal with that violation.
Mr. Greider has hired counsel who has written the county
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disagreeing with having to go through a variance because they don't
apply, and that, again, is going to go through the administrative
course, and you may be reviewing that in a different capacity.
But with respect to my investigation as to whether there was
anything improper, unethical, illegal done with respect to the Olde
Cypress issue, my conclusions are set forth in page 22, and the answer
is no.
With respect to, how did these 17 violations occur? Again,
maybe they're not violations depending upon the outcome of that legal
issue. But if they are violations, I find that they were oversights.
There's nothing that I can see where people were excused from a
violation that they - that people knew about.
And I don't see any evidence that any developer influenced the
decision or any individual or any lawyer. It just happened that those
people were given permits because no one really, frankly, considered
this as an issue at the time.
The Greider permit application, if it was not a comer lot when
reviewed as a comer lot, then that was an error. It did not meet the
definition of a comer lot if you apply the 1991 code to this. That
technicality has been corrected if the lot line adjustment was properly
approved because now it meets the definition of a comer lot because
of the angle. And, again, that's been appealed.
But the approval of the lot line adjustment occurred after the
controversy arose, so people knew, staff knew, this was going to be an,
issue and, I think, called it as they saw it. They saw it as an
insubstantial boundary change and approved it.
The issue of John Houldsworth's involvement being a conflict of
interest, we agree with that. I think John-- and he agrees as well, that
he shouldn't be involved in any application that his wife, Sandy, is
somehow involved in. He should defer it to someone else. He agrees
with that.
But I do find in this particular case, that John Houldsworth did
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not, while he was involved in all these issues I discussed, he did not
act alone, and the approvals were made by several different people.
So my conclusion is that even if John had recused himself and
put it in the hands of someone else, I don't think we'd be in a different
spot than we are today. But I think John did have a technical conflict
of interest, and he's aware of that.
I also, with all due respect, think that Mr. Kolflat, because of his
daughter's participation in this issue, has a personal conflict of interest,
and I think he should stand back and let the lawyers and Ms.
Showalter litigate the matters.
,The issue of Mr. Greider being an attorney with Goodlette,
Coleman having any influence on county staff, my conclusion is that
that's not so. I didn't see any evidence of that. My Greider's a young
attorney. I don't know how much involvement he has with county
staff, but I didn't see any favoritism given to him.
Bottom line is, we are where we are, but I did not see any
wrongdoing or improper influence or anything else involved in the
Olde Cypress subdivision.
With that I'll take questions.
CHAIRMAN HENNING: Questions from the board?
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, thank you, Mr. Chairman.
Do you get involved in many land development decisions? Do
you do any work of that kind?
MR. FARESE: No. I'm a trial lawyer, and I don't do land use
and -- I'm not an expert in that.
COMMISSIONER COYLE: Would you be in a position to
render an opinion as to whether the involvement of staff in finding
alternatives to these problems exceeds the level of service they might
have provided to any resident?
MR. FARESE: I'm sorry. I'm not sure I understand your
question. Could I render an opinion on -- say that again, I'm sorry.
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, COMMISSIONER COYLE: On whether or not the staff in this
case rendered far more services to this particular property owner to
resolve a number of disputes than they would have provided to any
other resident.
MR. FARESE: Okay. I understand your question. To answer
that, I think you'd have to compare what they did in this particular
case with what they normally do.
I would like to think that staff would react to a person's question
about what are the -- if I buy this lot, what are the setbacks, just as
they did in this case. I mean, I think that's -- they're public servants,
and if they have the time to respond to questions, they would do so.
And because I conclude that they didn't do any special favors to
Mr. Greider because he happens to be a lawyer in a law office, I
conclude that they handled this particular problem as they would in
any other case.
Conversely -- and maybe rm overstepping my bounds -- but
conversely, I think that because of who the complaining neighbor was,
I think staff spent a whole lot more time on this particular issue than
they would otherwise. I don't think: if my next-door neighbor had a
big house and I called up, I don't think I can get a meeting with the
entire staff and talk about this issue. I could be wrong about that. But
my impression is that there's more attention given to the problem
because of who the complainant was than who the'applicant was.
COMMISSIONER COYLE: If the provisions of paragraph
3.05.07(A)(2) are correct, exempting single-family homes from the
requirements of subparagraph H, what setback requirements do you
think should apply for single-family homes under those
circumstances?
MR. FARESE: The PUD document.
COMMISSIONER COYLE: And not the plat?
MR. FARESE: Well, I think the plat applies, when you're filing
a plat, to make sure -- I mean, whatever the requirements are. So if
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the platting subsection is meant to tell the platter, situate the lots in a
way that no building would occur within 25 feet of the preserve area --
and I don't know if they're talking about the actual boundaries of the
wetland or the lot line, because as I showed you, there's a difference
between those two -- you could do it that way.
But if you did it that way, I don't know that it's fair to expect the
plarming technicians, when somebody walks in with a building permit,
to research the platting requirements. Maybe that's -- maybe that's --
can be done, but I think that's asking a bit much. I think the --
whatever the setbacks are should be set forth in the PUD document.
COMMISSIONER COYLE: And absent them, the 25-foot
setback being in the POD document -- isn't there a 20-foot setback in
the POD document?
MR. FARESE: For principal structures, yes.
COMMISSIONER COYLE: Yeab. And the Greider residence
does not conform to even the 20-foot setback because of the
classification of that lot as a comer lot; is that essentially true?
MR. FARESE: Right. If it's a comer lot, then what was the rear
is now a side, so there's only a five-foot setback. And the Greider
residence is between 10 and 15 feet from what used to be the rear of
the lot.
COMMISSIONER COYLE: Do you know the genesis of the
comer lot designation and its original purpose?
MR. FARESE: I can't say that I do, no.
COMMISSIONER COYLE: Okay. I'll ask staff that question.
Are you aware of any other cul-de-sac lot in this development that is
defined as a corner lot?
MR. FARESE: I am not. But if! might --
COMMISSIONER COYLE: Has that golf course easement ever
been abandoned along this property?
MR. FARESE: Not before the Greider request. I don't know that
anyone ever asked for it, and this is the only lot that I'm aware of
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where the owner asked for it to be vacated and it was granted.
COMMISSIONER COYLE: Okay. Now, is it your
understanding that the preserve includes only that area shown on the
map as wetland preserve? You're suggesting that the wetland preserve
doesn't really abut this particular property. But we have upland
preserves.
MR. FARESE: Right.
COMMISSIONER COYLE: And the map you showed us
identifies only wetland preserve.
MR. FARESE: Right, right.
COMMISSIONER COYLE: Is there anything to suggest that the
other property is not also a preserve?
MR. FARESE: No. And I think the permit, the Southwest
Florida Water Management permit probably defines the boundary of
the preserve to include not only the parameters of the wetland but the
boundary, and the boundary does abut the lot line.
So it can -- you can read that section ofthe planning requirement
to say that 25 feet should start from the boundary line. I'm not saying
you can't. I'm not saying it's an unreasonable interpretation. I'm
saying it's confusing because you have the same provision elsewhere
which says it doesn't -- does not apply, so that's the confusion.
COMMISSIONER COYLE: So there is a legal interpretation --
there's a legal definition of that preserve? That preserve is, in fact,
identified somewhere, right?
MR. FARESE: Yes.
COMMISSIONER COYLE: And the error which occurred was
an error on behalf of the staff in not recognizing there was a preserve
there because the document wasn't labeled as a preserve at that time?
MR. FARESE: That's certainly an explanation.
COMMISSIONER COYLE: Is it not true that an error made by
staff in interpreting the land development provisions is not binding?
MR. FARESE: Yes. But I -- I agree with your statement. I don't
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agree that's necessarily an error. I mean, if there was a 25-foot setback
and staff allowed construction beyond that, then your statement is
correct, it's not binding.
COMMISSIONER COYLE: But you're saying there was --
there's not a 25-foot setback requirement because it is now declared a
corner lot.
MR. FARESE: No. There are two different issues. One issue,
the preserve setback applies regardless of whether it's a corner lot.
What I'm saying is, I am 100 percent confident that the first section
that sets forth the preserve setback does not apply because it says so.
The other one, I think, is debatable, and I'm questioning, why
would the county have one section and say, this setback, 25-foot
preserve setback, does not apply to single-family residences if in
another section it says the same thing? That's continuing to apply. I
think there's an inconsistency, and I'm suggesting, apart from this
particular case, someone ought to look at that inconsistency. If you
intend it to apply, I think it should be more clear.
COMMISSIONER COYLE: Then would it be your
interpretation that if an inconsistency exists in documents such as this,
the most restrictive provision contained in the Land Development
Code or the Growth Management Plan would prevail?
MR. F ARESE: Well, that gets into land use expertise. I've heard
that. I also believe there's law that says, where there's an ambiguity
and you're trying to prevent a property owner from doing something,
that that is entitled to preference. In other words, if you want to
prohibit a use, it ought to be more specific.
So it's a debatable case, and I think it's probably going to come
before you in a quasijudicial capacity and, perhaps, you ought to let
the lawyers for both sides of this controversy brief it, argue it, and call
it as they see it rather than me suggesting what the outcome should be.
COMMISSIONER COYLE: Okay. Thank you.
CHAIRMAN HENNING: Commissioner Halas, do you have
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anything to add to this discussion?
COMMISSIONER HALAS: Yes. I think you did a thorough
investigation. Did you happen to come across anything in regards to
where the Greiders encroached on this preserve and South Florida
Water Management told them that they had to move materials back?
MR. FARESE: Yes. I heard that while -- during construction -
COMMISSIONER HALAS: Did you hear it or did you
investigate that portion?
MR. F ARESE: Well, it was already corrected by the time I got
involved. I was told by the neighbors what had occurred, and
apparently some fill went into the preserve area. It was reported and
taken away. But all that was done before I actually saw it.
COMMISSIONER HALAS: Did you know how much the
encroachment was? Did you look into that? I mean, you did such a
thorough investigation.
MR. FARESE: They told me how much it was. I don't
remember what they told me. It was -- it was -- my recollection is --
COMMISSIONER HALAS: But why isn't that in your report?
MR.F ARESE: That there was an encroachment that was
corrected?
COMMISSIONER HALAS: Yeah.
MR. FARESE: I didn't think it was material to the question of
whether the county acted properly or not properly.
COMMISSIONER HALAS: Well, there's so much other
information that you brought forth.
MR. F ARESE: Yeah.
COMMISSIONER HALAS: I think this is part of the
information that should have been brought forth to us as a Board of
County Commissioners.
MR. FARESE: Okay . Well, I apologize if I didn't put that in my
report.
CHAIRMAN HENNING: Anything else?
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Commissioners, if you don't mind, I think we can move on. I
found a lot of information. Mr. Farese, I'm not sure if you're aware of
this. You read the PUD document, correct?
MR. FARESE: Tried to.
CHAIRMAN HENNING: Okay. I'm going to give you this.
This is the PUD document. It's not the scrivener's error, because we
all know what's in there.
I want to read something out of the residential land use district,
and that's section seven of the PUD. And I'm going to read the second
paragraph, the second sentence in the paragraph.
MR. FARESE: Okay.
CHAIRMAN HENNING: Actual acreage of the development
tract will be provided at the time of Site Development Plan or
preliminary subdivision plat approved in accordance with Article III,
division 3.3, and division 3.2 respectively of the Collier County Land
Development Code.
Residential tracts are designed to accommodate internal roadway,
open space parks, and the amenities areas, lakes, water management,
and so on and so forth. Okay.
This is a provision under our old Land Development Code that
I'm not sure that you're aware of.
In division 3, 3.2, and in fact, 3.2.8.4.7(3) -- and this is a part --
the title easement, and I'll also give this to you. It says, protection of
preserves and easements. A nonexclusive easement or tract in favor of
Collier County without maintenance and obligation shall be provided
in all subdivision plats and buildable lots or parcels subject to the
abutting or projecting preserve area required to be designated in a
preliminary and a final subdivision plat and shall be a minimum of
25-foot setback from the boundary of each preserve within the area
with no principal structures, may be constructed, okay.
So I will give you this, but I also want to go on and read in the
PUD -- this is the preamble ofthe PUD. Three -- in section three of it.
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In A, the regulation of Land Development Code ofOlde Cypress
PUD shall be in accordance with the content of the document, the
PUD, planned unit development district, and other applicable sections,
part of the Land Development Code ofCoHier County and Growth
Management Plan in effect -- it's very important -- in effect at the time
of issuance of any development order to which the regulations related
to and authorize the construction of improvements, okay.
MR. FARESE: Uh-huh.
CHAIRMAN HENNING: The ambiguity that you're talking
about in our code came into place in 19 -- or 2004, and I have it here.
It's when the board went from the Land Development Code to the
Land Development Regulations, LDRs.
It doesn't matter what our code says today. The guiding
document -- and correct me in am wrong -- is the PUD ordinance.
It's a higher document, and whenever it is silent, wouldn't you say that
the Land Development Code takes place?
MR. FARESE: Yes. If the PUD document is silent. You'll hear
an argument by the owner that it is not silent. It refers to other things.
Again, I'm not going to argue the owner's position. But you're right
and your statement is correct.
CHAIRMAN HENNING: All right. I'll give you this, and it is
public record. It's to abide by Section 3.2 of the board's 2001
ordinance, which is the Land Development Code. It's right here.
But it's, more importantly, what Commissioner Coyle said. I
apologize, that wasn't -- I don't believe that we asked you to interpret
our Land Development Code, but I believe you did. But it is such a
lengthy document.
I want to provide to you in section 1 of our code, 1.03.01, in D it
says, where provisions of this regulation, the Growth Management
Plan or any other law regulation in Collier County imposed in --
imposes a -- greater restrictions upon the matter than any provisions of
the regulation, that the Land Development Code or any other law
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regulation in effect in Collier County, the provision imposing the
greater restrictions or regulations shall be deemed in control. You're
aware of that?
MR. FARESE: Yes.
CHAIRMAN HENNING: Okay. But you didn't put that in your
report.
MR. FARESE: The issues --
CHAIRMAN HENNING: You stated there was -- there is some
ambiguity in our code --
MR. F ARESE: Yes. I see a section in your code that clearly, to
me, says it doesn't apply.
CHAIRMAN HENNING: So you agree that the most stringent
applies?
MR. FARESE: But the question remains is, does it apply? What
you've just read to me is what I read to you and quoted in my report
that's in the Land Development Code. It's in the platting requirements
for final plats.
And the question is, does the platting requirement, as to what
should be in plats, apply to building permits? If it does, what I'm
telling you is, it's not consistently applied, as proven by this case. And
I'm suggesting to you, it ought to be clarified.
Now, maybe I'm not a land use planner, but I'm saying you've got
to -- if that's the intent, you've got an issue that I think needs to be
clarified because I don't see it as clearly as, perhaps, you do. But I'm
not an expert in reading your code.
CHAIRMAN HENNING: Okay. In my opinion -- and maybe
Susan Istenes can help clear this up. In my opinion, it doesn't matter
what this code says that the board adopted in 2004. The PUD
document says it will abide by the subdivision section of the '91 code,
because that's what applied when it was platted, when the master plan
was accepted by staff.
MR. FARESE: Okay. And in the--
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January 15-16, 2008
CHAIRMAN HENNING: The ambiguity came in in 2004. It
was not in there in the 2001 code.
MR. FARESE: Was the 25.- foot setback for platting
requirements in the 1999 code?
CHAIRMAN HENNING: Yes, and it fell on the ground that I
read.
MR. FARESE: Okay. And it says about the same thing, doesn't
it, that we just -- that you just read to me, 25 --
CHAIRMAN HENNING: It doesn't -- yes, but I -- thank you for
the ambiguity, but the ambiguity wasn't in the '91 code. It was during
the codification of it.
MR. FARESE: You're saying the exemption in the other section
did not exist in the 1999 code?
CHAIRMAN HENNING: There was -- yeah. There was no
exemption, and I don't think. there is an exemption today. I think it
was an error. And, again, we'll have to have staff clarify that for us.
But we're going to have to move on.
MR. FARESE: Okay.
CHAIRMAN HENNING: And I have some other questions, but
I'm going to move on.
Commissioner Fiala and then Commissioner Coletta.
COMMISSIONER FIALA: Mine's just fast. I totally agree
about probably an error because if every preserve setback didn't apply
to a single-family home, we'd have trouble protecting all of our
preserves. Just makes common sense. That's all.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you for the
opportunity, Chair.
I'd like to ask the County Attorney's Office if they agree with the
report that we received or if they see anything in it that they find to be
questionable or objectionable.
MR. WEIGEL: Well, I'll answer the second question first. No,
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January 15-16,2008
we don't find -- I did not fmd in my review anything objectionable in
the report. It not only attempted to detennine if, in fact, there was
impropriety or error in the application ofthe administration by staff of
what had come forward, but it also, you know, as you have heard,
provided a report based upon the investigation into questions of _
proprietor -- or potential appearance of impropriety and things of that
nature.
Now, one of the questions that you're dealing with right here has
to do with, Mr. Farese has been responding to Mr. Henning,
particularly, and Mr. Coyle to some degree, is the question of, we call
it -- it's either -- you call it statutory construction or the rules of
construction, the rules of interpretation of multiple phrases or
provisions in a code.
One of the things we are grappling with right here in our thought
process is, yes, there is a rule of construction that the more specific or
the more stringent may be given the application.
Mr. Farese has indicated that there is another way of looking at
this and that is, where there is specific language indicating that
something does not apply. That's very specific and stringent as well,
and that's what he's looking at.
In regard to the question of -- I'll just add this. In regard to the
question ofthe old LDC, that is the 1991 LDC as amended through
the years, and the 2004, I think that's now called the UDC orthe
regulations, as Mr. Henning indicated, I would need to hear again, I
believe, the sentence or two that Mr. Henning read from the early part
of the PUD talking about the application of the LDC regulations.
I was not sure as I listened as to whether, in fact, it was freezing
in time, the application of the regulations, that is the LDC regulations,
at the time that the PUD was adopted or if, in fact, it was indicating
that the regulations that exist at the time of site development came into
play, and I was a little unclear when I heard that discussion a few
minutes ago.
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CHAIRMAN HENNING: Well, Mr. Weigel, I think it was,
freezing of time. I don't think community development, some of the
community development staff agrees with me.
Mr. Klatzkow and I had this conversation, and because of
multiple codes, the staff has always applied the code at the time. But
the residential section of the Land Development Code -- and it says it
in several sections. It applies -- that the '91 code, as amended, applied
to this PUD. And in fact, it said in the residential section it shall be in
compliance of division 3, section 3.2 and 3.3.
Does that answer your question?
MR. WEIGEL: Well, I think so. I was just -- as you read that, I
was trying -- I had a little trouble following its ultimate statement
there. It sounded like there was a bit of a topical application meaning,
and perhaps it was my own internal judgment that it was indicating
that at the time of site development, the rule applies at that time, and --
but I could be wrong in what I was hearing there, so that's where it left
a question in my mind.
CHAIRMAN HENNING: It was -. it says that, you know, at
master plan or Site Development Plan, and it also says at platting.
Well, I mean, if you go by 3.3 and 3.2, it refers to plats and
subdivision regulations.
MR. WEIGEL: Right. That would appear to freeze time, I think,
at that point.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, Mr. Chairman. I'd just like
to make a personal statement here, Mr. Farese.
It, of course, is our responsibility to take your report and try to
interpret it in view of what we believe the law allows, and that's going
to be our task moving forward.
But personally, I believe that your analysis has made it much
easier for me to understand the events that transpired here and to place
them in proper context, so I don't want you to interpret my questions
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January 15-16,2008
or remarks to reflect upon the quality of your investigation. So I think:
you did a good job with this, and you certainly have helped me
understand this issue more clearly.
MR. FARESE: Thank. you.
CHAIRMAN HENNING: Okay. Can we hear from our
planning director?
MR. MUDD: Susan?
MS. ISTENES: Good morning. SusanIstenes.I'mthezoning
director.
CHAIRMAN HENNING: Ms. Istenes, can you just shed some
light on the -- your understanding of this PUD and what is the
controlling factor of the setbacks?
MS. ISTENES: First, I -- before I answer your question, I'm
going to be answering based on my knowledge to date of the PUD,not
having been asked to officially interpret the LDC or any sections. of
the POO. So1'111 offering my opinion based on my knowledge today.
Please understand that this is a complicated issue, as you've
found out, listening to Mr. Farese and the questions you had. It's
obvious it's complicated for us as well.
It could be that somebody could come back and challenge the
application of the setbacks through an official interpretation process in
light of specific circumstances. So I don't want you all to -- I just
would like -- appreciate if you would keep that in mind, and I'll
answer as best I can based on my knowledge to date.
Your question is? I'm sony. Could you repeat so I'm sure I
understood, Commissioner.
CHAIRMAN HENNING: Okay. There's question whether on --
adjacent or abutting to preserves, whether 25-foot setback applies or
the 20-foot setback applies to principal structures.
MS. ISTENES: My understanding, based on my knowledge of
the PUD to date, is. that the 25-foot setback would apply to principal
structures abutting preserves in this PUD.
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January 15-16,2008
CHAIRMAN HENNING: Okay. The -- and that's based upon
the PUD and the --
MS. ISTENES: Both the PUD and the Land Development Code.
CHAIRMAN HENNING: Should we ask for the official
interpre~t!on\l~ing the Land Development Code of'91 anci 20Q4al.}d
th~.(]r()~hManagement ~~or the Land Development Code to get an
officialjl1.terpretation by the board?
MR. WEIGEL: You're asking if -- you're asking if the board
may ask for that? Yes, the board may ask --
CHAIRMAN HENNING: No, should we, in this case.
MR. WEIGEL: I think -- I think that it may be a good reason to
ask for it, yes.
CHAIRMAN HENNING: Commissioners?
COMMISSIONER COLETTA: ..Yes.
COMMISSIONERCOYLE: Yes.
CHAIRMAN HENNING: Would you like that? There's enough
-- do you need any further guidance?
MS. ISTENES: Yes. And thank you, that would be my
recommendation as well. This is, like I said, a complicated issue.
When you get into official interpretations, I have to have a
specific set off acts asso(;iated with sp~cific qllt:stiPIls in order to
interpret that it'snotjusta general statement. So I would need
assistance either from the County Attorney's Office or whatever party
the County Attorney deems appropriate in making sure I understand
what your qu~stions are and what facts associated with this you would
like me to consider Under. ,
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONgRCOYLE: Yeah. If! could just interject
something that might make it easier for us. Our set of facts, the set of
facts that we might present to you as a board'l11ight vary from the set
of facts that SOrneone else might present to youTor interpretation.
The Temporary Certificate of Occupancy is going to expire
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January 15-16,2008
shortly. It would seem that the occupant -- the Greiders -- of the home
would want to get this resolved very, very quickly.
Would .it -- would it not get us to the point we wantto get to if we
had one of the parties, ask for an interpretation,.. because they're going
to present their own set of facts and their understanding of the. facts,
and we're goingto be placed in a position of having to interpret
whether their facts apply in this case, and we will then be asking you
how your opinion would impact the interpretation.
Does that make sense to anybody?
CHAIRMAN HENNING: I understand what you're saying, but I
think that we have -- in my opinion we have two differentopinions.
COMMISSIONER COYLE: Yes, we do.
CHAIRMAN HENNING: And I think we need to clear it up
through an executive summary. It was -- it was written that 17-plus
homes need a variance. Now we're told that there's ambiguity in our
code, and the variance doesn't apply. Although as I read the PUD
document, as I shared with everybody else, that it does apply. I think:
that the board needs to clear this up.
Let's say that we don't have somebody come forward and ask for
an official interpretation, what happens to those residents that are in
limbo right now? And, in fact, we have one resident there that has a
Temporary Certificate of Occupancy that's due to expire.
Now, he was told ifhe doesn't apply for a variance, that that TCO
goes away and, therefore, what does he have for his money? I think
we need to clear this up myself, and I think the board needs to do that.
After -- after the County Attorney's report, may we -- after the County
Attorney thinks about it, may he help guide us in the specific
questions to ask the planning director to get to the solution? Would
that be okay?
COMMISSIONER COYLE: That would be a good idea.
CHAIRMAN HENNING: Okay.
MR. WEIGEL: That's fine.
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CHAIRMAN HENNING: Mr. Farese, I have some other
questions. You stated that you have seen evidence that in 1999 this
was a comer lot. Do you have that evidence?
MR. FARESE: Ms. Ebert showed it to me. I didn't make a copy
of it. It's a -- to me it appeared to be an advertising brochure.
CHAIRMAN HENNING: Okay.
MR. FARESE: But, no, I don't have a copy of it.
CHAIRMAN HENNING: All right. You said that in 2004 or
2005 that Mr. Greider asked the staff -- before he purchased it, he
asked the staff about the interpretation of a lot, whether it's a comer lot
or a cul-de-sac lot; is that correct?
MR. FARESE: That's not the exact question, but yes, before he
purchased the lot, he asked about what setbacks would apply, and
there were some emails to that effect as well.
CHAIRMAN HENNING: Okay. Let me ask you something.
Do you know how the executives in Stock receive bonuses?
MR. FARESE: I have no idea.
CHAIRMAN HENNING: No. Because, you know, my
understanding in the real estate -- I don't know if it applies here -- that
the executive, based upon the business, how much business there is is
how much bonus they receive.
So I don't know if that's the fact or not, but since this lot wasn't
purchased, it was owned by the developer, I'm not sure if a spouse of
our staff received a benefit. Do you see where I'm going?
MR. FARESE: I understand the question. I don't know the
answer factually. If this lot that was sold to Mr. Greider resulted in a
bonus to Mrs. Houldsworth or not, I don't know the answer to that.
CHAIRMAN HENNING: Okay. Ifwe don't have any more
comments or questions, can we go to the public speakers, please, Sue?
MS. FILSON : You have four speakers, Mr. Chairman. The first
one is Clay Brooker. He'll be followed by Melissa Showalter.
MR. BROOKER: Good morning, Commission. My name is
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January 15-16,2008
Clay Brooker with the law firm of CheftY, Passidomo, Wilson, and
Johnson, and I represent Melissa Showalter and Mrs. Kolflat in this
matter. I do not represent commissioner -- Planning Commissioner
Kolflat.
It's taken an hour to get here. I'm going to try to keep my
comments -- there are many, many problems that we have with this
lot. You've heard some of them. I'll try to keep my comments very
focused on the 25-foot setback alone.
We are surprised by Mr. Farese's opinion that single-family
homes are exempt from the preserve setback. With all due respect to
Mr. Farese, he's an accomplished civil trial lawyer. I know that. He's
not a land use attorney, he's not a professional land planner. He wasn't
asked by each of you to interpret your code, and he apparently,
according to his own report, didn't speak: to anyone in the county's
environmental department before he summarily concluded that
preserves need not be protected from single-family homes.
If the LDC's preserve setback does not apply to single-family
homes, that would be news to me. It would also be news to your own
environmentaIstaffwho had written that they disagreed unequivocally
with Mr. Farese's opinion.
Finally, it would be directly contrary to the community
development and environmental services division's position back on
October 23rd when this issue was first presented and we thought
settled to the Bee.
Now, Mr. Farese does admit that the 25-foot preserve setback is
clearly imposed with no exemption for single-family homes in the
LDC's subdivision regulations. So when the aIde Cypress lots were
platted in1999, Mr. Farese admits that the setback applied. But then
he states that he's unsure whether that regulation survives, quote, post
platting.
Does it make sense to anyone in this room to say that when you
plat the land and you create the lots for the single-family homes, you
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January 15- 16, 2008
must apply a 25-foot setback, but then when you actually pull the
permits to build on those lots, the homes can be closer than 25 feet to a
preserve? It just doesn't make any common sense.
Admittedly, section 3.05.07 is a mess. Not only does it
seemingly conflict with the subdivision regulations, but it's also
internally inconsistent.
When you talk to environmental staff, they explain -- at least
they explained to me -- that it was not their intention to exempt
single-family homes with a 25-foot preserve setback by section
3.05.07.
Instead, theintention was to exempt homes from creating
preserves on each of their own individual lots and imposing
conservation easements on their own individual lots.
Why, they explain, because the preserves were already created at
the community-wide level. The preserves were created and protected
when Olde Cypress overall was permitted; therefore, there is no need
to do it again at the individual lot level. Some people would call that
double dipping.
I've got about 30 more seconds.
We've already found out 3.05.07 did not even exist when this
, PUD was approved or when the plat was approved., Regardless of
how you interpret 3.05.07, one fact is crystal clear, the 25-foot
preserve setback applies.
Finally, Mr. Farese suggests that Planning Commissioner Kolflat
recuse himself from even participating in this matter when it's his
wife's and stepdaughter's property rights that are being violated.
Again, I don't represent Mr. Kolflat individually, but to put it
mildly, he is upset by the implication that he misused his position as a
planning commissioner in any way.
Not only do we believe Mr. Farese mischaracterizes and in many
instances misstates Commissioner Kolflat's involvement in this matter,
but he doesn't even mention the governing law here, which is, under
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January 15 -16, 2008
these circumstances, Commissioner Kolflat may participant in the
matter, but he simply cannot vote if and when this matter appears
before the Planning Commission. That's state statutory law.
Commissioner Kolflat intends to follow that law.
We respectfully request that, with all due respect again to Mr.
Farese, you reject his report and state, as you did back in October
23rd, that the 25-foot preserve setback applies to all homes abutting
preserves in OIde Cypress. Thank you.
MS. FILSON: The next speaker is Melissa Showalter. She'll be
followed by Diane Ebert.
MS. SHOWALTER: Good morning. For the record, my name is
Melissa Showalter, and you might recall that I am the girl next door.
My home is directly next to the Greider megahome that brought all
this mess to us today and in October.
I'm the girl next door that followed the law and honored the
preserve setbacks. Once again, I have been forced to leave my family
and fly down from Virginia to protect my property rights.
I believe this matter was settled back in October, 2007, when
staff asserted and each of you clearly directed that the 25- foot preserve
setback applied and that the 17 encroaching homeowners must apply
for variances, administratively or otherwise.
I am upset that now nearly three months later there has been little
to no progress. Nothing you've heard today is new. Mr. Greider
himself brought up the exemption argument in August of2007. Your
staff quickly rejected that argument, and at the October meeting, your
staff didn't even consider the exemption argument worth the time to
mention.
Now Mr. Farese, who I understand isn't even a land use attorney,
raises the exemption issue again, and in just a few sentences,
apparently without even talking to environmental staff, he reaches an
opinion which is directly contrary to what each of you decided back in
October. At least your staffis consistent. Several emails from them
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January 15-16,2008
state that they disagree with Mr. Farese's opinion.
I wasn't going to go into the part of his report that mentions my
father, but after listening to the accusation that were made, I feel I
need to make a few points.
I have spent four days reading as many of 1,200 emails from
county staff that I can. Nowhere in any of those emaiIs does anything
go or is mentioned and going towards my direction. Staff has come
up on their own and went to Mr. Greider with this idea for the lot line
adjustment, and they've done all these other ideas to protect and keep
this home standing where it does, looming over me, and I resent that
suchan accusation would even be broached.
That being said, here I am again, flying down once again to
protect my property rights, and I ask, please, that each of you reject
Mr. Farese's report and direct staff, once again, that the 25-foot
preserve setback applies and that variances are required for the
encroaching homeowners.
Thank you for your time,
MS. FILSON: The next speaker, Diane Ebert. She'Il be followed
by your final speaker, Kim Kish.
MS. EBERT: Good morning, Commissioners. First thing I have
to ask is, my report is going to go over. May I do my report? I'm
going to need more than the three minutes.
CHAIRMAN HENNING: Please keep it in three minutes as
much as possible.
MS. EBERT: Okay. For the record, my name is Diane Ebert,
and I am here as a resident who lives on the same street as the
megahouse that brings us here today and to rebut Mr. Farese's report.
Commissioners, it was my understanding during the October
23rd BCC meeting that you asked for outside counsel to look at the
possibility of favoritism, improper influences, illegal or unethical
actions of any kind by county staff in the Greider case.
After reading his report, I can't help but feel that in many areas
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January 15-16,2008
Mr. Farese is a great writer of fiction. I do not have the time here to
go into the many areas Mr. Farese failed to report on, but would like
to point out a few of them to you now.
On page 16 of his report, Mr. Farese states that Angel Tarpley
reviewed the application and survey and concluded that the lot was a
corner lot simply by visual inspection of the survey. I have been
informed that the LDC does not contain visual inspection to determine
a corner lot. This visual inspection shows favoritism to the Greiders.
In 2007, both I and Mrs. Showalter reported to the county that
Mr. Greider and -- and/or his contractor had not only removed trees
and plants from the preserve, but had filled in 10 to -- 10 to -- 12 to IS
feet of the preserve with fill dirt.
We were informed that Steve Nagel would go over the property
with a helicopter but he couldn't get a helicopter for three weeks. We
knew this needed to be addressed quicker, so we contacted the
Department of Environmental Protection law enforcement. They
came out within two days and ordered the fill to be removed
immediately.
After the state contacted them, John DeMartino came out and
looked at it and said that the Greiders would be responsible for
replanting the injured preserve area. To this day it has not been
replanted.
My next four points come from the email exchange between Joe
Schmitt and Rich Yovanovich on July 18,2007. In the said email.Mr.
Schmitt writes to Mr. Y ovanovich, it is now clear that this is not
within the defined criteria of a corner lot and as such, the house does
not meet the required setbacks. Again, no Notice of Violation was
sent to the Greiders even though Mr. Schmitt confirms to Mr.
Y ovanovich that his house is not a corner lot.
According to Florida Statutes, the permit should have been
voided. Mr. Schmitt goes on to layout three options to Mr.
Y ovanovich. He says, vacate a portion of the -- vacate a portion of the
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January 15-16,2008
conservation easement along the entire street so that the houses can
achieve the required setback. Remove the portion of the house that is
encroaching or seek a variance. I have directed staff to red tag the site
until we sort out this course of action.
All these three options were ignored. Not one of them has been
initiated by Mr. Greider, and county staffhas done nothing to force
him to take action. If I or any of my neighbors who all sought
variances ignored such action, we would be underneath the county
jail.
As to the red flag, it was issued then revoked two days later. Mr.
Schmitt then writes to Mr. Y ovanovich, and I quote, the best I can do
is to proceed with the TCO provided your clients proceed with the
request for a variance.
Commissioners, a TCO was issued on this house with a void
permit at the end of August yet here we are in January and a request
for a variance still has not been filed.
On June 29th, Ross Gochenaur stated, it's not a corner lot. On--
three days later on July 3rd, he said we have -- it's a moot point
because we have a conservation easement setbackof25 feet. I think
we may have a problem.
Again, county staff waited until October to come to you
commissioners and ask for direction to determine what to do about the
preserve setback. Does county development always wait four months
to bring you problems and then seek your direction as what to do?
The Greider home encroaches 14 feet, three inches into setback
and --
CHAIRMAN HENNING: Ms. Ebert, can you start to wrap it up,
please?
MS. EBERT: Yes. According to Florida law, all building
permits issued for the subject lot which do not apply the applicable
setbacks for principal and accessory structures violate the LDC, and
pursuant to Florida law, are void.
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January 15-16,2008
Rather than immediately issuing a Notice of Violation, the
county allowed Greider to continue building at his own risk. These
two issues should have voided the building permit and thereby
stopping construction, and no TCO should have been issued.
CHAIRMAN HENNING: Thank you.
MS. FILSON: Your fmal speaker is Kim Kish.
MS. KISH: Good afternoon. Kim Kish, resident of
Pebblebrooke, and I apologize for imposing on the aide Cypress, but I
did want to come and ask for some clarification, if that's okay.
CHAIRMAN HENNING: Ma'am, there's public comment, that's
item number 11. If you want to talk about the Pebblebrooke issue,
you want to come back for public comment?
MS. KlSH: Okay. That's fine.
CHAIRMAN HENNING: Okay. Thank you.
MS. FILSON: That's your fmal speaker.
CHAIRMAN HENNING: On the sign-up sheet, you'll look, the
-- people need to sign up before the item is talked about, and I know
that we had somebody else sign a speaker slip, but that is the board's
rules.
Can somebody tell me about this Florida law and setbacks? Is
that in the building code?
Ms. Ebert, did you see that in the Florida Building Code?
MS. EBERT: It's case.
CHAIRMAN HENNING: It's case? Oh, it's a Florida case,
okay. I mean, I have a lot of concerns about the Tea. There's no
movement on this, and I want to get this thing resolved. I don't want
to have to deal with this issue next year or late this year. I want to get
it resolved, so we need to move on it. The TCO is to expire when?
MR. FARESE: I believe February 28th, Commissioner.
CHAIRMAN HENNING: February 28th?
MR. FARESE: I think so.
CHAIRMAN HENNING: And--
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January 15-16,2008
MR. SCHMITT: 21st.
CHAIRMAN HENNING: May I ask you something about the
TCO, Mr. Schmitt? Is it true that on a Temporary CO, there's not
supposed to be anybody living there?
MR. SCHMITT: There's -- for the record, Joe Schmitt, your
administrator of Community Development Division.
There are provisions u a TCO is -- basically certifies that the
house is fit for occupancy. There are limits that can be placed on a
TCO. Being that this house met all health, safety, and welfare
requirements, there was no reason not to allow it to be occupied from
a building permit perspective.
CHAIRMAN HENNING: But yet we know that it doesn't meet
the health, safety, and welfare of certain parts of the building code.
MR. SCHMITT: As defined by the Florida Building Code.
There was a violation in the Land Development Code, not specifically
in the -- from a technical perspective that one could, from a standpoint
of health and safety, occupy a structure.
We issue TCOs for many, many things. This was one where it
was deemed that, because the violation could be cured through an
administrative process, that they would then proceed through the
administrative process.
CHAIRMAN HENNING: Okay. Was it -- did it not have
hurricane shutters as required by the code, since it did not have safety
glass? Was that completed before you gave the--
MR. SCHMITT: No, that was not. That, again, was -- there was
an issue there with the completion of hurricane shutters. They had
plywood shutters that were not properly anchored.
CHAIRMAN HENNING: Okay.
MR. SCHMITT: That was noticed, and that has since been
corrected.
CHAIRMAN HENNING: Okay. Did it not have a banister
railing before the -- after the TCa was issued?
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January 15~16, 2008
MR. SCHMITT: All I'm familiar with, there was a correction to
be made to the railing. I'm not sure --I'd have to turn to my building
director ~- if he is aware, but all I know is there was an issue cited with
the banister or with the railing that needed some correction. I'm not
sure if it was the height of the banister. That I don't know.
CHAIRMAN HENNING: Right. So are you going to issue --
you're going to extend the TCO after the ~-
MR. SCHMITT: Commissioners, I will do nothing unless you
direct it. I was coming back to you --
CHAIRMAN HENNING: Do nothing.
MR. SCHMITT: The situation right now is I have
correspondence from Mr. -- we've issued a Notice of Violation. We
are proceeding to bring this to the Code Enforcement Board. That the
-~ Mr. Greider .,- Mr. Greider's attorney has responded in three, maybe
four separate pieces of correspondence basically saying, county, you
prove it. You go ahead and present my case. The only place I have,
the only legal recourse I have is to proceed to the Code Enforcement
Board.
We were waiting for the outcome of to day's presentation to
decide, I mean, how does the county proceed. The issue is, again, this
issue with the official interpretation, which is an issue that you would
deal with, not the Code Enforcement Board. You would deal with it
either as the Board of County Commissioners or as the Board of
Zoning Appeals.
Our problem right now is, we have an issue that calls into
question the applicability of the code, and we're faced with a dilemma
right now of bringing this to the Code Enforcement Board with this
cloud of uncertainty in regards to the application of the code.
CHAIRMAN HENNING: Okay. What's going to happen on
February 28th? Are you saying nothing's going to happen?
MR. SCHMITT: I am going to come back to you and ask to
extend the Tca.
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January 15-16, 2008
CHAIRMAN HENNING: Oh, you're going to bring it back to
us?
MR. SCHMITT: Yes, sir.
CHAIRMAN HENNING: Okay. You know what's confusing to
me, the planning director at one of our meetings wrote an executive
summary, put it on our agenda, and you presented to the board __
MR. SCHMITT: That's correct.
CHAIRMAN HENNING: -- in saying there was a violation of
the setbacks of not only this house, but other houses __
MR. SCHMITT: That's correct.
CHAIRMAN HENNING: -- in Olde Cypress. Now you're not
even sure.
MR. SCHMITT: No, sir. I'm not sure - that's not what I said.
We are proceeding with the -- the administrative variances we're
processing. We have them all in house. We've had the meeting.
We've got all the applications for the administrative variances. We're
proceeding with the code enforcement case.
Mr. Dinkle -- Dunkleberger, the neighbor who also has to yome
in for a variance, he has hired counsel. His counsel was waiting until
the outcome of to day's hearing before proceeding.
The issue here is that I have to take this case now, and my code
enforcement director will bring this case to the Code Enforcement
Board. The applicant has not applied for a variance. They believe
they are not required to apply for a variance and that now will have to
be debated in front ofthe Code Enforcement Board.
CHAIRMAN HENNING: So -- in my opinion, if you're going to
apply the code to the others with an administrative variance, Mr.
Dunkleberger applied for a variance.
MR. SCHMITT: That's correct.
CHAIRMAN HENNING: Is that correct?
MR. SCHMITT: He's had a preapp. meeting.
CHAIRMAN HENNING: And we're going to allow one resident
Page 10 1
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January 15-16, 2008
not to until we have an official interpretation?
MR. SCHMITT: That's not what I said, sir. The Notice of
Violation is existing. It is -- it is a Notice of Violation that we're
proceeding to pursue. He's in violation. We believe he's in violation
of the setback.
CHAIRMAN HENNING: The condition of the TCO was that he
file for a variance, right?
MR. SCHMITT: He corrected all the errors that exist. There are
basically three that were cited.
CHAIRMAN HENNING: So there's no reason to come back to
us and ask us for the TCO, correct?
MR. SCHMITT: I'll take your direction today. I will not reissue
the TCO.
CHAIRMAN HENNING: I'm trying to understand what you're
trying to say. You based the TCO on three things.
MR. SCHMITT: Correct.
CHAIRMAN HENNING: And one of them is application for a
variance.
MR. SCHMITT: That's correct.
CHAIRMAN HENNING: Ifhe doesn't apply for a variance, are
you going to expire the TCO or are you going to ask us to extend it?
MR. SCHMITT: I will -- based on what I'm hearing you say
today, it will expire. I will not -- I will not extend the Tea.
CHAIRMAN HENNING: Is it fair to the rest ofthe residents if
you ask us to extend it? Commissioner Coyle?
COMMISSIONER COYLE: Yeab, that's exactly my question,
Mr. Chairman.
Mr. Schmitt, you said you would bring it back to us and let us
make a decision. My question is why? You issued the TCO with the
requirement that a request for a variance be submitted to resolve these
Issues.
MR. SCHMITT: That's correct.
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January 15-16, 2008
COMMISSIONER COYLE: They have refused to do so.
MR. SCHMITI: That's correct.
COMMISSIONER COYLE: Why do you need to come back to
us to make a decision?
MR. SCHMITT: Because of the controversy of this, my only
thought was to bring it back. I haven't even discussed this with the
manager yet. It doesn't expire till the end of February. But it's clear
they have not met the requirements to correct the violations that
currently exist, and the TCO was given a six-month life.
COMMISSIONER COYLE: Do you know what I would do if!
were in your position and somebody told me that they were not going
to reply -- not going to comply with your restrictions on a TCO? I
would terminate the TCO immediately -_
MR. SCHMITI: Okay.
COMMISSIONER COYLE: -- and they wouldn't live in the
place until they got a variance. End of story.
MR. SCHMITI: Understand.
COMMISSIONER COYLE: That's what I'd do.
CHAIRMAN HENNING: Mr. Schmitt, you had the opportunity
to do that when you found out that the shutters -- the health, safety,
and welfare hurricane shutters were not CO'd.
But would that be the same thing you would do for other
residents?
MR. SCHMITT: In a situation with hurricane shutters, yes. If
there was a -- if we've noted that there was a violation or that they
weren't installed correctly, we would give them time to cure the
violation. We do -- it's --
CHAIRMAN HENNING: Okay. All right. What's the pleasure
of the board?
COMMISSIONER COLETIA: We've already directed Susan to
come back with an interpretation, haven't we?
CHAIRMAN HENNING: Yes, we have. But this report -- you
Page to3
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January 15-16,2008
know, I have concerns of several things. One concern that I hadn't
brought up, a planning commissioner, a resident of the community,
who put his application and the board approved for him to be on the
Planning Commission was told that he cannot participate and he ought
to recuse himself from this issue. That is not my understanding of the
hlW.
My understanding, that a planning commissioner, if he has a
vested interest in it, not only can ask for information, but they can
participate in the discussion of that item if it comes up to the Planning
Commission.
The only thing that he would have to do is recuse himself from
the vote, and he must fill out an application to the Ethics Commission
and state why. That's no different than us.
I mean, you know, my perspective, I don't want to approve this
portion of the report because we really don't have a final answer, and I
don't want to discourage anybody that wants to participate in
government to not to because of this report.
Commissioner Coyle, and Commissioner --
COMMISSIONER COYLE: I think Commissioner Halas had
his --
CHAIRMAN HENNING: Commissioner Halas, you were first?
COMMISSIONER HALAS: Yeah. In getting back to the person
on the Planning Commission, we can always ask the County Attorney
to check with the people up in Tallahassee in regards to, can he vote
on this as long as he's not involved in any activity where it would be
financially -- be a financial gain for him. So I don't think -- I think
that's a moot point.
CHAIRMAN HENNING: Yeah. I think we all have the answer
to that.
Commissioner Coyle?
COMMISSIONER COYLE: Yes, Mr. Chairman. I would like
to address the issue of the report. I don't know that we're even
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January] 5- 16, 2008
supposed to approve the report. I don't know that we can approve the
conclusions in the report because we need to have a hearing and have
both sides thoroughly argued, and I don't think: we have done that.
Mr. Greider is not here, nor is he represented. So I would suggest that
we -- we merely accept the report.
CHAIRMAN HENNING: Well, that's what I said. Did I say
approve? I apologize if! did. I meant accept.
COMMISSIONER COYLE: Okay. We can accept the report.
That doesn't mean we endorse its findings or recommendations. It is
information that is -- it's valuable for me in making a fmal
determination, and I clearly don't agree with all the conclusions.
COMMISSIONER COLETTA: I'll second that.
CHAIRMAN HENNING: Do you really need amotion? Do we
need a motion on that?
COMMISSIONER COYLE: Well, if we're going to do anything
with it, I think: the most we should do is accept it, and __
CHAIRMAN HENNING: Okay. It's in our packet. AIl right.
We're going to take a lunch break. We'll be back at 1:34, and at that
time we're going to public petitions, and then we're going to -- back to
our regular -- yes, sir.
MR. MUDD: One question. Are we going to accept the report?
I think you had a motion" but I don't know if you have a vote yet, sir.
CHAIRMAN HENNING: ' Oh, I thought I'd stated it's in our
agenda, that we're accepting it.
COMMISSIONER COYLE: Do we need a vote?
MR. WEIGEL: You don't have to have a vote. You did have a
motion and a second, so you may want to clarifY that for the record.
CHAIRMAN HENNING: Oh, there was -- Commissioner
Coletta second, but there wasn't a first.
COMMISSIONER COYLE: Yeab. I had suggested that we do
nothing more than just accept it, and Commissioner Coletta seconded
that as a motion.
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January 15-16, 2008
ClWRMAN HENNING: So you -- that was a motion to
accept?
COMMISSIONER COYLE: That's a motion.
ClWRMAN HENNING: Okay.
COMMISSIONER COYLE: Yeah.
CHAIRMAN HENNING: And there's a second?
COMMISSIONER COLETI A: That's correct.
CHAIRMAN HENNING: Any opposed to the motion? Aye.
COMMISSIONER FIALA: Aye.
CI-WRMAN HENNING: Any in favor -- everybody in favor of
the motion?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CI-WRMAN HENNING: Aye (sic).
COMMISSIONER FIALA: Aye (sic).
COMMISSIONER COLETTA: Aye.
CI-WRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: So motion carries, 3-2, Commissioner
Henning and Commissioner Fiala dissenting from the motion.
We're adjourned until 1:35.
(A luncheon recess was had.)
CI-WRMAN HENNING: Board of County Commissioners is
back in session. Next item, we're going to the pubic petitions.
Item #6A
PUBLIC PETITION REQUEST BY JORGE TRINCADO TO
DISCUSS PERMITTING OF THE MARTIAL ARTS ACADEMY
AT IMMOKALEE ROAD AND RANDALL BOULEVARD-
DISCUSSED; COMMISSIONER COLETTA TO WORK WITH
,PETITIONER
Page 106
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SUITE 201
711 FIFTH AVENUE SOUTH
NAPLES. Fi 34102~6628
TEL: 239-430-7070 FAX; 239.213-1970
w\'........rkmc.com
LAWRENCE A. FARESE
Board Cerdfied Civil Trial Lawyer
Board Certified Business LitiealioD Lawyer
Certified Circuit Court Mediator
239.213-1973
LAFarese@rkmc.eom
December 7, 2007
HAND DELIVERY
Commissioner Frank Halas
Commissioner Jim Coletta
Commissioner Fred W. Coyle
Commissioner Donna Fiala
Commissioner Tom Henning
Board of County Co=issioners
3301 East Tamiami Trail
Naples, Florida 34112
Re: Richland POO (Pebblebrooke) I aIde Cvoress POO Investil!ation
Dear Commissioners:
We have been asked by David Weigel, County Attorney, to undertake the investigation
requested by the Board of County Co=issioners ("BCC") into the following matters: (i) the
approval process for the Richland POO (pebblebrooke), including the approval of the site
development plan for the Pebblebrooke Plaza in Pebblebrooke Commercial Phase IV and the
permitting of Stevie Tomato's restaurant; and (ii) the permitting of 17 residences that appear to
encroach upon a 25-foot setback from a nature preserve within the aIde Cypress PUD,
particularly the Grider residence, Our investigation has included a review of the public records
and files maintained by the County, particularly those of its Community Development and
Environmental Services Division ("CDES"), meeting minutes and video tapes, and personal
interviews with David Weigel, Jeff Klatzkow, and MaIjorie Student of the Collier County
Attomey's Office; Patrick White, fonnerly of the Collier County Attorney's Office; Jim Mudd,
Collier County Manager; Joe Schmitt, CDES Director; Susan Murray Istenes, Director of
Zoning; Ross Gochenaur, Planning Manager; Ray Bellows, Zoning Manager; John Houldsworth,
Senior Engineer; Michael Sawyer, Senior Planner; Angel Tarpley, Planning Technician; Karen
Bishop of PMS, Inc.; Craig Grider, Esq, and Richard Y ovanovich, Esq, of Goodlette, Coleman &
Johnson; Clay Brooker, Esq.; Bob Delaney of Stock Development; Diane Ebert of aIde Cypress
Homeowners Association; Carole Kolflat, and others. The following will swnmarize our
findings and conclusions based on our investigation.
!LANTA-S OSTON+L os ANGELES 'M I NNEA POLISINA P LESlsAINT PAl1!.-WASHIN GTO>>, D.C.
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Board of County Commissioners
December 7, 2007
Page 2
1. Richland (pebblebrooke) POO
The Richland POO consists of approximately 150 acres located on the southwest corner
of lmmokalee Road and Collier Boulevard (951). The Richland PUD was originally approved
on February 13, 1996 (Ordinance No. 96-03), The POO Ordinance was repealed on June 10,
1997, and replaced by Ordinance No. 97-27. The POO consisted of commercial, residential, and
preserve tracts.
On September 24, 200 I, the then current owner of the commercial property, K.enco
Development, Inc., through its agent, Karen Bishop of PMS, Inc., filed an application seeking to
repeal the then current Richland POO and adopt a new POO for the purpose of reducing the
residential area by approximately 3.2 acres and increasing the commercial area by approximately
3.2 acres by extending the commercial tract southward along Collier Boulevard (See Exhibit A).
Chahram Badamtchian of CDES was assigned as the Principal Planner for the POO Amendment
(pOOA-2001-AR-1494).
Chahram Badamtchian was terminated from his employment on or about December 14,
2001. At that time, the approximately 35 projects over which Mr. Badamtchian had primary
responsibility as the County Planner were reassigned to the existing members of staff, who
already had full work loads. The Richland POO amendment application was assigned to Ray
Bellows of CDES. Mr. Bellows was very busy with other projects at that time, and \",as also
going through a divorce. '
Prior to his termination, Mr. Badamtchian prepared a Staff Summary Report to the
Collier County Planning Commission ("CCPC") in preparation for its meeting of January 17,
2002. Mr. Bellows ultimately signed the report for Mr. Badamtchian but had little time to
review the report or POO before its submission to the CCPC. Mr. Bellows does not recall
making any changes to Mr. Badamtchian's Staff Report or the amended POO document prior to
its submission to the CCPC on or about January 9, 2002,
The Staff Report dated January 3, 2002 states that the "POO contains all of the
recommendations of reviewing staff' and concludes \\~th the recommendation that the CCPC
forward a petition to the BCe \\~th a recommendation for approval. The proposed Amended
POO reduced the residential acreage from 128+/- to 125+/-, and increased the commercial
acreage from 21.2 acres to 25 acres; reduced the total number of residential units from 650 to
400 units; provided for landscaping in Section 2-19 of the POO to be in accordance with the
Collier County Land Development Code ("LDC"), with no special provisions for a buffer
between the commercial and residential tracts; provided in Section 4-2 for a maximum of 25+/-
acres of Community Commercial Uses without any limitation on square footage of commercial
space; provided in Section 4-50 a maximum building height of 50 feet (50') (consistent with the
height limitation in the then current POO document for the remaining commercial space); and
11\
Board OfCOWlty Commissioners
December 7, 2007
Page 3
provided in Section 4-4 for a variety of permitted commercial uses and structures (consistent
with the uses and structures permitted by the previous PUD).
Of significance is that the proposed PUD Amendment included within the list of
permitted uses "Eating and Drinking Places," as defined in Standard Industry Classification
("SIC") Codes 5812 and 5813 published by the United States Department of Labor. SIC Code
5812 applies to "Eating Places" and is defined as: "Establishments primarily engaged in the
retail sale of prepared food and drinks for on-premise or immediate consumption." SIC Code
5812 provides a list of examples of "Eating Places," which includes "restaurants." SIC Code
5813 defines "Drinking Places" as: "Establishments primarily engaged in the retail sale of
alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on premises. The sale of
food frequently aCCotUlts for a substantial portion of the receipts of these establishments." SIC
Code 5813 includes a list of examples of drinking places such as bars, beer gardens, beer taverns,
cocktail lounges, nightclubs, saloons, and wine bars,
cepe Approval
The Richland POO Amendment went before the cepe at its meeting of January 17,
2002. Marjorie Student, the Assistant County Attomey who had been assigned to review the
Richland POO Amendment, was not in attendance at this meeting due to a previous commitment
to attend a land use seminar in the Orlando area. Assistant County Attorney Patrick White
attended the cepe meeting in her place. Also present at the meeting was Susan Murray Istenes,
as well as other members of eDES, including Ray Bellows who made the staff presentation to
the eepc. Karen Bishop ofPMS, Inc. made the presentation on behalf of the applicant
At the January 17, 2002 ecpc meeting, Ms. Bishop submitted to the ecpe conceptual
plans for a 3D-foot buffer between the proposed additional commercial acreage and the
residential boundary line to the Pebblebrooke Subdivision to the south. This conceptual plan.
which later became Exhibit B to the approved and recorded RicWand POO Amendment, is
attached hereto as Exhibit B. The self-entitled "Pebblebrooke Lakes Conceptual 30' Buffer
Plan" was prepared on January 16, 2002 (according to the face of the document). which was the
day before the cepe meeting. It is doubtful that staff had much time, if any, to review the
conceptual plan before its presentation to the eepc on January 17. The cepe saw tile
conceptual plan for the first time during the applicant's presentation at the meeting.
The Conceptual Plan showed a 3D-foot Type "B" Buffer with vegetation and a six-foot
wall on top of a landscaped berm along the southem boundary of the commercial acreage. It also
showed a two-story commercial building of only 18 feet in height set back an additional number
of feet fi'om the 30-foot buffer. However, this additional setback (if it was intended) is not called
out in measurements on the conceptual plan nor in the text of the PUD. Nor is the height of the
berm specified on the conceptual plan or the PUD. Karen Bishop orally described the berm to
the cepe as having a "3 to I slope," such that the berm would be three to four feet high at its
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Board of County Commissioners
December 7, 2007
Page 4
peak. A 6-foot wall on top of the berm would result in a height above grade of eight to ten feet.
However, these specifications were not described in writing in the proposed PUD document, and
were not specified on the conceptual plan.
Several public speakers from the neighboring Pebblebrooke Subdivision expressed
concern to the CCPC concerning building heights and anticipated uses. The minutes reflect that
several members of the CCPC expressed similar concerns regarding building heights, maximum
square footage of commercial space, and penrutted uses. Of particular concem to several
Commissioners was the desire to eliminate "Drinking Places" (SIC Code 5813) as a permitted
use due to noise concerns of the neighboring residents. As a result, several agreements were
made on the record by the owner's representative. One specific agreement was the reduction of
pennissible commercial structures from two stories to one story within the 3.2 acres abutting the
Pebblebrooke Subdivision. The owner's representative was asked:
COMMISSIONER BUDD: How about the request that buildings
located within the area of the 3.2 acres be limited to single story,
the commercial buildings?
MS. BISHOP: That's fme,
Another agreement was that trash dumpsters would be located outside the 3.2 acres:
COMMISSIONER BUDD: There is a request that the dumpsters
be located outside the 3.2 acres that is going to become
commercial. Is that acceptable?
MS. BISHOP: I believe that's acceptable"..
Another agreement was the elimination of several more intense commercial uses from the
list of permitted uses. However, the owner's agent did not agree to eliminate "Drinking Places,"
suggesting instead that noise could be regulated by existing noise ordinances.
After the close of the public hearing, Commissioner Budd made a motion (amended to
incorporate suggestions by other Commissioners) that Petition PUD-2001-AR-14694 be
approved and forwarded to the BCC with a recommendation for approval with specific
modifications and recommendations, including: (i) buffers to be located outside the 3.2 acre
commercial rezone; (ii) buildings within the 3.2 acre commercial rezone to be limited to a single
21Qry; (iii) a revised list of permitted uses as agreed to by the owner's agent, (iv) commercial
space to be capped at 231,000 square feet; and (v) SIC Code 5813 "Drinking Places" to be struck
as an acceptable use. After a second to the motion, the following discussion occurred on the
question of drinking establishments:
Board of County Commissioners
December 7,2007
Page 5
CHAIRMAN ABERNATHY: ...well, I will discuss. I think that
eliminating the drinking establisJunents is being unduly fussy. I
think they should be allowed and dealt with as it exists. There is
hardly a place in one of these activity centers that does not have
someplace where somebody can watch a football game and have a
couple of beers. I don't drink myself, but I think other people
should not be presumed to create a nuisance just because they have
a drink. So I object on that basis.
COMMISSIONER ADELSTEIN: Mr. Chairman, so do 1.
think it's our position to put something like that in.
personally would like to see it removed.
I don't
And I
COMMISSIONER YOUNG: I would too. I think if you are
having dinner you might like a glass of wine.
COMMISSIONER STRAIN: That doesn't apply. The restaurants
already have that. These are strictly tavems and saloons and things
like that. My concern is not that people drink; that is a disruptive
element to a neighborhood. I am sure these people don't want to
have to go through having monitors put out there at certain times
of the day or night to see if they have decibel levels and then
challenge it through county staff. That's why I am suggesting this.
And that's my reason, It has nothing to do with people's morals.
They can do what they want.
COMMISSIONER MIDNEY: I will agree. Restaurants would be
permitted and people can drink at the restaurants.
COMMISSIONER RlCHARDSON: Mr, Chair, maybe you can
just take a consensus question on just that one issue.
CHAIRMAN ABERNATHY: How many people are going to
oppose this motion as long as the drinking establisJunents
prohibition is in it?
COMMISSIONER ADELSTEIN: As long as restaurants are
approved, that's fine with me.
CHAIRMAN ABERNATHY: I may be the Lone Ranger then. I
don't know. Do you want non-restaurant type of alcohol serving
establishments?
7ft
"
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Board of County Commissioners
December 7, 2007
Page 6
COMMISSIONER YOUNG: I think as long as restaurants -
CHAIRMAN ABERNATHY: So we have two. I think the motion
can carry. I call the question. All in favor.
(Unanimous response.)
CHAIRMAN ABERNATHY: Opposed?
Mr. Wolfley had a conflict, so he abstained.
MR, BUDD: The motion carries?
CHAIRMAN ABERNATHY: The motion carries....
It was the practice of the CDES at this point in time to have staff revise an applicant's
PUD document to reflect the staff's reco=endations and/or agreements reached with the
applicant regarding language modifications. In addition, if there were recommendations by the
CCPC which conflicted with staff recommendations, the differences were to be specifically
pointed out to the BCC in executive summaries and hearing presentations. Some of the changes
agreed to by the applicant at the CCPC meeting were incorporated by staff into the draft PUD
document. For example, a 30-foot Type "B" Buffer was added to Section 2-19 Landscaping; a
maximum of 231,000 square feet (gross floor area) of community commercial was added to
Section 4.4-2; and SIC Code 5813 was removed as a permitted use in Section 4-4. However,
some agreements made at the CCPC meeting did not find their way into a revised PUD
document. The most significant omission was the concept of reducing the maximum height of
commercial buildings from two stories to one story. Ray Bellows admits that he missed this
point while taking notes at the CCPC meeting. He did not have the benefit of reviewing CCPC
minutes before making the changes to the PUD document and presenting it to the BCe.
BCC AODTOval
The Richland PUD Amendment was set as Agenda Item 8D for the February 12,2002
meeting of the BCC. On or about February 4, 2002, an Executive Summary prepared by Ray
Bellows was submitted to the BCC along with the revised draft of the proposed PUD document.
With regard to building heights, the Executive Summary provides:
Lastly, since the maximum building height is currently 50 feet
within the Commercial tract, staff has recommended that the
maximum building height be limited to two stories for a maximum
building height of 35 feet for any structure within 60 feet of a
residential tract.
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Board of County Commissioners
December 7, 2007
Page 7
The Executive Summary advised the BCC that the CCPC had approved the Petition by a
vote of 7 to 0 with a recommendation of approval subject to revising the list of permitted uses to
eliminate some of the more intense uses, a maximum square footage of231,000 square feet for
the commercial area, and other conditions not pertinent to this investigation. However, the
summary made no mention of the CCPC's stipulation reducing the building height from two
stories to one story due to the staff oversight mentioned above. The Executive Summary
concludes with a recommendation for approval of the PUD document that "has been amended to
reflect the.. .recommendations by the ,Planning Commission as supported by staff."
The specific revisions to the draft PUD document made by staff following the CCPC
meeting for presentation to the BCC included the following:
2-19 LANDSCAPING
Landscaping shall be in accordance with Article 2,
Divisions 2.4 and 2.8 of the Collier County Land
Development Code, as amended. In addition. a 30- foot
TVDe "B" Buffer shall be provided alonl!: the tract boundary
line separatinl!: the commercial and residential land use
tracts. (See Exhibit "B") This buffer shall contain a 6-foot
tall ore-cast concrete wall alonl!: the entire buffer,
4-4 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected,
altered or used, or land used, in whole or in part, for other
than the following:
A. Permitted Principal Uses and Structures...
10) Eating and Drinking Places (Groups 5812~)
4-6 Development Standards
G. Maximum height: fifty feet (50') and not to exceed
two stories for commercial structures within 60 feet of the
residential tract boundarY line.
Note that the maximum height provision is inconsistent with the CCPC's motion to limit
building heights from two stories to one story. It also is inconsistent with the Executive
Summary indicating that staff had recommended a maximum building height of 35 feet not to
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Board of County Commissioners
December 7, 2007
Page 8
exceed two stories for any structure within 60 feet of a Residential Tract, whereas the proposed
PUD document refers to a maximum height of 50 feet.
Finally, a provision was added to Section 4-6 dealing with commercial trash dumpsters as
follows:
J. Commercial trash dumDsters shall be located or placed
within 100 feet of anv residential tract boundary line.
We assume this was a scrivener's error and that the provision was intended to prohibit dumpsters
within 100 feet of any residential tract boundary. The language is also inconsistent with the
agreement reached with the applicant at the CCPC meeting not to have any commercial trash
dumpsters within the added 3,2 acres of commercial property.
The Richland POO rezone petition was heard at the February 12, 2002 BCC meeting.
Ray Bellows made the staff presentation. Karen Bishop presented on behalf of the applicant.
Attorney Richard Y ovanovich attended as the attorney for the applicant, but only on a
transportation concurrency issue which became moot at the meeting. Mr, Y ovanovich was not
present at the previous CCPC meeting and had no involvement in the preparation of the PUD
document. Matjorie Student and David Weigel were present from the County Attorney's Office.
There were no public speakers.
Mr. Bellows advised the BCC of the results of the CCPC meeting, and pointed out that
changes were made to the document to eliminate some commercial uses and to provide for a
landscape buffer including a 6-foot wall with a vegetative berm as shown on Exhibit B to the
POO document. Mr. Bellows misstated the result of the building height discussion at the CCPC
level as follows:
Staff was also recommending that the building heights be
restricted. And that came up in the Planning Commission, that we
limit the building heights to 35 feet for any structure within 60 feet
of the residential-tract boundary line. That is -- it came up during
the planning commission meeting.
Staff is recommending approval.
A number of County staff who were involved with this petition for a variety of reasons
attended both the cepe and BCe meetings. No one corrected Mr. Bellows' misstatement at the
hearing or pointed out to the Bce that in fact the cepe had recommended a reduction in
building height from two stories to one story. The owner's agent, Karen Bishop, did not correct
the misstatement either. She has advised us that she did not review the staff report or the revised
PUD docwnent carefully prior to the BCe hearing, believing that everything had been changed
as agreed. She also did not realize the inconsistency between staff's recommendation and the
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Board of County Commissioners
December 7, 2007
Page 9
agreement reached with the CCPC. To add to the confusion, the conceptual plan which became
Exhibit B to the PUD was not revised by the applicant to show a one story building instead of a
two story building. Staff had no ability to revise this conceptual drawing; this was the owner's
responsibility. As a result of all of this, the BCC was not told of the CCPC's recommendation on
building heights, either orally or in writing. The BCC was presented only with staffs
recommendation that building heights be limited to two stories not exceeding 35 feet in height.
Commissioner Henning made a motion that the BCC approve the application to rezone
the Richland PUD "with staff stipulations, Planning Commission stipulations" except for the
number of square feet dealing with the capacity and the elimination of two other commercial
uses, specifically United States personal service use and "any other comparable use" as
determined by the Planning Services Director. The motion carried 5 to O.
Chairman James A. Coletta signed Ordinance No. 02-07 on February 12, 2002.
Thereafter, the PUD document was edited by Maljorie Student of the County Attomey's Office
and Karen Bishop to "clean up" some "little things." Still the conflicts noted above were not
corrected or called to the attention of the BCC, The Ordinance and POO document were
approved as to form and legal sufficiency by Marjorie M. Student. On February 20, 2002, the
Ordinance was tiled with the Department of State. The Ordinance was amended on April 8,
2003 to correct a "scrivener's error" in Section 6-4, paragraph 8, to provide that the
responsibility to maintain a gate between the residential and commercial tracts was that of the
residential property owners, instead of the commercial property owner. No other amendments
have been made to the PUD since that time,
SDP Approval for Pebblebrooke Commercial Phase IV
On February 28, 2002 (about two weeks after the rezone was approved), Kenco
Development, Inc. sold the commercial tract to DAD Development Corp" a DeAngelis Diamond
entity. On June 10, 2004, DAD Development Corp. submitted a Site Development Plan
Application for Pebblebrooke Commercial Phase IV, which included the commercial property
that was added by the POO Amendment. The project was assigned to Ross Gochenaur, Planning
Manager,
The SDP referenced building height as "MAXIMUM HEIGHT FIFTY FEET (50') AND
NOT TO EXCEED TWO STORIES FOR COMMERCIAL STRUCTURES WITHIN 60 FEET
OF THE RESIDENTIAL TRACT BOUNDARY LINE," which was consistent with the POO
document as recorded. The SDP showed a two story retail/medical office building with a height
of 29', 4" on the southernmost portion of the commercial property adjacent to the Pebblebrooke
residential subdivision. It further showed a 3D-foot buffer between the commercial property line
and the exterior wall of the proposed two-story building. The SDP did not call for an additional
setback beyond the 30-foot buffer as depicted on Exhibit B to the POO, Because the side
setback requirement in the PUD was only 10 feet and 30 feet was provided, and because the
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December 7, 2007
Page 10
POO document did not specify any additional setback beyond the 30-foot buffer, Mr. Gochenaur
did not believe that he had any basis to require setback beyond the 30-foot buffer area. In
addition, Mr. Gochenaur has explained that a five foot sidewalk and underground utilities shown
on the SDP within the 30-foot buffer area are considered pennissible within buffers.
With regard to the height of buildings, Mr. Gochenaur noted on his checklist:
2nd review: an error in POO Ord. 02-07 indicates the height of
buildings abutting the residential tract boundary is 2 stories or 50
ft. It should be 2 stories or 35 ft. A Scrivener's Error will correct
this, but please change the required height in table to reflect 35
rather than 50.
Mr. Gochenaur does not recall how he knew in 2004 that building heights in this area of
the development were to be restricted to 35 feet rather than 50, other than the fact that 35 feet is
typical for a two story building. He was not aware of the discussion at the CCPC level two years
earlier to limit building heights to one story, and it is not the practice of the planning managers to
research meeting minutes or verify that the language of POO document is consistent with actions
taken at BCC or CCPC meetings while reviewing an SDP application. In any event, the
"scrivener's error" in the PUD document reducing maximum building height from 50 to 35 was
never corrected, nor was the SDP table changed to reflect this height as suggested in Mr,
Gochenaur's review notes. He does not recall why. That notwithstanding, the actual height of
the proposed two story building shown on the SDP was less than 30 feet. Because this building
height was below the maximum height provided in the language of the PUD document (with or
without the correction of the "scrivener's error" to 35 feet), the SDP was approved by staff on
December 6, 2004.
Regarding the landscape buffer, the plans presented at pre-application meetings
apparently did not show a benn. Michael Sawyer, the County's landscape reviewer at the time,
entered a comment on his checklist after the first review as follows:
Reference site plan sheet] 1 of 15 Section A-A. Revise this cross
section to meet PUD exhibit "B". Specifically, the section does
not include the "Landscape Benn" as illustrated. Note that the 6
foot walVfence must be located at the top of the berm,
To address this comment, sheet 1 I of 15 was revised to show a berm, with a six-foot
landscape wall centered on top of the berm (See Exhibit C). Height dimensions for the berm are
not specified on the drawing, but there is reference to a 10-1 slope starting at 5 feet from the
property line, which would result in a berm of only about one foot. The drawing shows that the
top of the "berm" is actually below the floor slab of the building, This is not consistent with the
conceptual 30-foot buffer plan attached as Exhibit B to the PUD, which shows a berm higher
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Board of County Commissioners
December 7, 2007
Page 11
than the floor slab of the commercial building, although again no dimensions were specified.
Without having dimensions specified either in the language of the PUD document or Exhibit B
to the PUD document, Mr. Sawyer did not feel that he had a basis to reject the revised drawing
showing a berm of some degree on sheet II of 15.
As built, there is a drainage swale between the commercial building and a small berm
lU1der the landscape wall. (See photographs attached as Exhibit D). The wall itself appears to be
closer to 8 feet in height rather than 6, resulting in a total height close to that shown on Exhibit B
to the POO. However, the landscape buffer is dwarfed by the two story commercial building set
back 30 feet from the property line (See Exhibit E).
Stevie Tomato's Sports Page
The Building Permit for the two story and one story commercial buildings within the
rezoned commercial property was issued on January 10, 2005, and Certificates of Occupancy
were issued on February 28, 2006. In September 2005, Stevie Tomato's Sports Page submitted
an application for a permit to build out a restaurant in the southernmost portion of the one story
building within the Pebblebrooke Center. Stevie Tomato's is commonly known as a "sports
b?r," but has a full menu of items for lunch and dinner. According to the company's counsel,
Clay Brooker, more than half of its revenue is generated from food sales as opposed to beverage
sales. Its Occupational License issued by Collier County is under the classification of
"Restaurant." Restaurants, including those with liquor licenses, are a permitted use under
Section 4-4 of the Richland POO. Because Stevie Tomato's is a restaurant (as well as a sports
bar), a permit was issued by staff as being consistent with zoning regulations. Outdoor seating
was approved as an insubstantial change to the Pebblebrooke Center SDP. Outdoor seating and
bar areas for restaurants are typically considered by staff as an accessory use to the principal use
of a restaurant.
The existence of Stevie Tomato's at the southem end of the Pebblebrooke Center close to
neighboring residences in the Pebblebrooke Subdivision, particularly the noise generated from
the outdoor bar and seating area which is open until 2:00 a.m., has caused numerous complaints
from the neighboring property owners. The BCC viewed portions of a videotape made by a
residential property owner at its September 25, 2007 meeting, which speaks volumes in support
of the neighbors' concerns. It is clear from the minutes of the CCPC meeting of January 12,
2002, that disruptive noise was a concern to the Commission which led to the elimination of
"Drinking Places" as defined in SIC Code 5813 as a pennitted use, However, outdoor
restaurants and bars associated therewith were not prohibited, either at the CCPC or BCC levels,
or in the approved PUD. Nor is there any restriction in the PUD as to where, within the
commercial property, such uses may exist.
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Board of County Commissioners
December 7, 2007
Page 12
Conclusions
Based on our investigation, we have concluded the following:
1. The approval of two story commercial buildings in the Richland PUD rezone
resulted from human error and failure of communication, The CCPC clearly wanted the building
height reduced to one story. The applicant agreed. However, this agreement was not carried
fOIWard by staff in its Executive Summary to the BCC or in the PUD document presented to the
BCe. As a result, the BCC approved a PUD document allowing two story structures (up to 35
feet as discussed but 50 feet as written), without any knowledge that the CCPC had
reco=ended and the applicant had agreed otherwise.
2. There is no evidence that staff intentionally misled the BCC, or failed to correct
the PID document on purpose as a "favor" to a developer or due to any improper influence, and
we do not [md that any such misconduct occurred in this case.
3. Staff's error was compounded by the applicant's failure to: (i) confinn that the
applicant's agreements with the CCPC were properly reflected in a revised PUD document;
(ii) revise the conceptual plan to reflect a one story commercial building as opposed to a two
story commercial building, and (iii) correct staff's presentation to the BCC regarding the CCPC's
recommendations regarding building heights. The successor developer, which acquired the
property shortly after the rezone was approved, was not a party to any agreements made between
the applicant and the CCPC and proceeded with development as permitted by the PUD document
actually recorded.
4, We fmd no fault on the part of staff in approving the SDP based on the PUD
document as recorded. A two story structure was specifically allowed by the text of the PUD
document, and Exhibit B to the POD showed a two story commercial building. The POD
document required a 3D-foot setback or buffer from the property line (which is greater than the
10-foot side yard setback otherwise allowed by the POO), and this was what was permitted. The
drawing on Exhibit B showed the building being set back further from the 3D-foot buffer area,
but no dimensions were specified. When a conceptual drawing is inconsistent with the language
of a PUD document, staff follows the express language of the document, and this is what
occurred in this case.
5. The "berm" as built is not the 3 to 4 foot berm discussed at the CCPC meeting or
shown on Exhibit B to the PUD. Again, however, no dimensions are specified for the height of
the berm either in the language of the PUD document or on the conceptual plan. It is suggested
that if dimensions of berms are important at the planning level (as they appear to have been in
this case), such dimensions should be specified in the language of the POO document.
6, Although the result to Pebblebrooke residents is intolerable, we find no fault on
the part of staff in approving the permit for the construction of Stevie Tomato's. Although the
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Board of County Commissioners
December 7, 2007
Page 13
CCPC tried to eliminate noise typically associated ,>,Ijth a "bar" or "tavern," eliminating SIC
Code 5813 was not sufficient to prohibit a use such as Stevie Tomato's which operates a
restaurant and bar permitted by SIC Code 5812. In our opinion, a sports bar does not fit neatly
within either of these S1 C codes. If sports bars are intended to be prohibited, express language to
this effect should be included in the PUD document rather than reference to the SIC codes.
7. There is no evidence to suggest that the SDP approval or building permits issued
in this case violated established practices or were the result of any "special favors" or improper
influences on the part of any party.
II. OIde Cypress PUD
The Olde Cypress PUD was approved by the BCC on April 27, 1999, Ordinance
No. 99-27. Tills approval resulted from a petition to rezone 500 acres of land off of Immokalee
Road, east of 1-75, formerly known as the Woodlands PUD, to a residential and golf course
community known as Olde Cypress. The applicant for the rewne petition was Olde Cypress
Development, Ltd., a company then owned in part by Paul Hardy.
The Olde Cypress PUD contained 176.2 acres dedicated as a Nature Preserve and
Wildlife Sanctuary. Those preserve areas were platted as Tract A in Olde Cypress Unit One,
approved by the BCC on April 13, 1999. The original plat showed "TRACT A
CONSERVATION (D.E,)" (Drainage Easement) along with golf course tracts and large tracts
for "Future Development." (See for example Exhibit F).
On June 22, 1999, the BCC approved a replat of Tracts 2 and 3 (Future Development
Tracts) as Olde Cypress Unit Two, which created 70 single-family building lots on Wild Orchid
Court and Treeline Drive. On August 3, 1999, the BCC approved a replat of Tract 5 (Future
Developmimt Tract) as Olde Cypress Unit Three, which created 55 single-family building lots on
Lone Pine Lane, Both replats (Unit Two and Unit Three) showed Tract A and referenced the
Plat Book and Page numbers for Olde Cypress Unit One where Tract A adjoined the building
lots. (See for example Exhibit G,) However, the replats did not label Tract A as a conservation
or preserve area.
The rear yard and side yard setback requirements for the residential units are set forth in
the Development Standards, Section 7.05 of the PUD document. For single family detached
dwellings, the PUD required a front yard setback of 25 feet; a side yard set back of 5 feet; and a
rear yard setback of 20 feet for principal structures and 10 feet for accessory uses. On
September 12, 2000, the BCC approved an amendment to the Olde Cypress PUD, Ordinance No.
2000-53, to correct a scrivener's error in Section 7.05 so as to provide that "accessory uses such
as pool enclosures may be attached to principal uses and accessorv uses mav be set back five (5)
feet from side or rear property [ines,"
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Board of County Commissioners
December 7, 2007
Page 14
The Grider Residence
Craig Grider is an associate attorney with the law firm of Goodlette, Coleman & Johnson
in Naples. Goodlette, Coleman, and Johnson is a firm of excellent reputation which devotes a
substantial portion of its practice to real estate transactions and the representation of real estate
developers. One of its clients is Stock Development C01]Joration, the current owner of Olde
Cypress Development, Ltd. K.C, Stock became a limited partner in Olde Cypress Development,
Ltd. at its formation in or about 1998. Stock Development, LLC later acquired the interests of
Paul Hardy and Renee Tolson and became the sole General Partner in or about February, 2003.
Craig Grider and his wife, Amber Grider, acquired Lot 28, Tract 5, Olde Cypress Unit
Three, situated at 2949 Lone Pine Lane, from Olde Cypress Development, Ltd. on December 30,
2005. Lot 28 was an odd shaped lot on a portion of a cul-de-sac (see Exhibit G). It was the last
lot available for sale on Lone Pine Lane, and the only vacant lot on the street at the time the
Griders purchased it. The shape of the lot and the setback requirements made it difficult to
design a home on the lot.
In August of 2005, several months prior to purchasing the lot, Craig Grider spoke and
exchanged e-mails with David Hedrich of County Staff, inquiring as to how the setbacks for the
lot would be measured in view of its odd shape. Mr. Hedrich confirmed bye-mail dated
August 29,2005, that "[y]ou take the setback measurements from the cord line as opposed to the
property line and/or back of curb, unless the POO stipulates otherwise" (which in this case it
does not).
In November of 2005, Mr. Grider again contacted Mr. Hedrich with questions concerning
the side yard setbacks. Mr. Grider pointed out that Lot 28 was on the cul-de-sac, so that it was
his understanding that he would have two front yards and two side yards, instead of a rear yard.
He stated that if this were accurate, the setbacks for the lot would be 25 feet on the two fronts
and 5 feet on the two sides (referring to the POO Document). He pointed out, however, that
there was a I O-foot golf course easement platted on the rear of the lot. The e-mail continued:
Also, the rear of the lot is preserve, not golf course. The developer
has informed me that they will execute whatever documentation is
required to waive any rights as to the golf course easement.
What documentation would the County require, if any, from the
developer to effectively waive any rights reserved in the golf
course easement to allow me to use the 5' side yard setback instead
of the 10' platted easement setback? I do not want to build any
part of the actual home on the 10', but would like to extend the
lanai, pool and screen cage.
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Board of County Commissioners
December 7, 2007
Page 15
If no documentation is necessary, can you confmn that the 5' side
yard setback can be utilized on the "rear" of the lot? If easier, I
would be happy to come down and discuss this with you in person.
Having received no response from Mr. Hedrich by November 23, 2005, Mr. Grider resent
his e-mail to Mr. Hedrich at a different e-mail address. Still not receiving a response, Mr. Grider
called and spoke to John Houldsworth at the County, with whom Mr. Grider had dealt previously
on a client matter. Mr. Houldsworth told Mr. Grider that the golf course easement was in favor
of OldeCypress Development, Ltd., not the County, and therefore a release of the easement
signed by aide Cypress Development, Ltd. and recorded in the Public Records would be
sufficient to vacate the easement. Mr. Grider confmned this communication bye-mail to Mr.
Houldsworth on December 28, 2005, with a copy to David Hedrich. The e-mail concludes with
the following:
Since the Lot is on a cul-de-sac, there are 2 front yards and 2 side
yards for purposes of setbacks and once the release of the easement
is recorded in the Public Records, the easement will be of no
further force and effect and the side yard setbacks will be 5' each in
accordance with the Olde Cypress PUD,
I have copied David Hedrich on this correspondence to ensure
everyone is in agreement on this matter. I would appreciate it if
both of you could respond to this e-mail confmning the terms
hereof at your earliest convenience. Thanks to both of you for
your assistance on this matter.
Mr. Houldsworth responded bye-mail on the same date confirming that he agreed that
the recording of a release of easement by aIde Cypress Development, Ltd. was sufficient to
vacate the easement for county permitting purposes. Mr. Houldsworth's e-mail response did not
comment on the setback requirements, and we have not seen a response by Mr. Hedrich, but
neither advised Mr. Grider that his understanding of the setback requirements was incorrect.
The Griders closed on the purchase of their lot on December 30, 2005 with the
understanding that the applicable setbacks were those described in Mr, Grider's e-maiI.Mr.
Grider proceeded to obtain a Termination and Release of Golf Cow-se Easement on Lot 28 from
aIde Cypress Development, Ltd. The Termination and Release is dated June 13, 2006, and was
recorded in the Public Records on June 16, 2006. It has been alleged by complaining neighbors
that the termination of the golf course easement was done by the developer solely as a favor to
Mr. Grider, a lawyer in the fIrm which represents the developer. While the relationship between
the developer and the attorney likely facilitated this transaction, the fact remains that the golf
course easement was of 110 use to the developer since the golf course had since been relocated to
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Board of County Commissioners
December 7, 2007
Page 16
another area. We know of no prior instance in which an unrelated lot owner requested or was
denied a release of the golf course easement.
With the golf course easement eliminated, Mr. Grider's contractor, Keith Sowers of
Sowers Construction, applied for a building permit on Lot 28 on June 21, 2006. The application
showed two 25-foot front yard setbacks, and two 5-foot side yard setbacks. Planning Technician
Angel Tarpley reviewed the application and boundary survey and concluded that Lot 28 was a
comer lot simply by visual inspection of the survey. She has advised us that she had no
communication with Grider or anyone on his behalf suggesting that the application be reviewed
as a corner lot. She made that determination on her own in the ordinary course of business.
Because it was being reviewed as a corner lot, county policy required a review by a second
technician. Jennifer Breining did the second review and concurred with the determination.
Angel Tarpley reviewed the setbacks against the PUD requirements, and stamped and
approved the setbacks on the applicant's boundary survey showing two front yard setbacks of
25', and two side yard setbacks of 5'. The boundary survey and site plan showed a portion of the
principal structure within !D.7 feet of the rear (side) property line adjoining Tract A. The
boundary survey labeled Tract A as shown on the Plat of OIde Cypress Unit One, but did not
identify Tract A as a preserve. Angel Tarpley has advised us that she was not aware that Tract A
was a conservation area at the time she reviewed and approved the setbacks on the Grider permit
application. As a result, she did not consider the 25' preserve setback contained in the LDC
discussed below. After all other residential plan reviews were completed by County staff, the
Building Permit for the Grider residence issued on October 19, 2006.
By late June, 2007, the Grider residence, consisting of a two-story structure with
approximately 3,800 square feet under air, was substantially completed. Melissa Showalter, the
Griders' next store neighbor to the west, returned to her summer home in Naples to find the two
story home set back 5 feet from her side yard, and 10.7 feet from the preserve, Ms, Showalter
was upset that the Grider residence substantially impaired her view of the preserve and invaded
her privacy, particularly around her pool area and her master bedroom which were clearly visible
from a balcony and windows on the second story of the Grider residence. As a result, she
complained to her neighborhood Homeowners Association and the County CDES.
Ms. Showalter is the daughter of a sitting Planning Commissioner, Tor Kolflat. Mr.
Kolflat made several calls on her behalf to several members of County staff, including Joe
Schmitt, Susan lstenes, Ray Bellows, and Ross Gochenaur, questioning how the setbacks were
determined and approved. At Mr. Kolflat's request, a meeting was held at CDES on July 17,
2007, attended by Joe Schmitt, Susan lstenes, Ross Gochenaur, Roland Holt, Alamar Finnegan,
Angel Tarpley and several other staff members, Tor and Carole Kolflat, Melissa Showalter, and
Diane Ebert, At this meeting, Mr. Kolflat argued that the Grider lot was not a corner lot and
should not have been permitted as such. He asked staff to red tag the building, stop construction,
and not issue a C.O, to Grider,
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Board of County Commissioners
December 7, 2007
Page 17
Lot Line Adjustment/Corner Lot Controversy
In response to Mr. Kolflat's inquiry to Ross Gochenaur prior to the meeting, Mr.
Gochenaur re-examined the Grider lot and agreed that it technically did not meet the definitional
requirements of a comer lot. Section 6.3 of the LDC of 1991 defined a comer lot as:
A lot located at the intersection of two or more streets. A lot
abutting a curved street or streets shall be considered a comer lot if
straight lines drawn from the foremost points of the side lot lines to
the foremost point of the lot meet an interior angle of less than 135
degrees.
111is definition was not carried forward into the 'current LDC. However, statt's policy is
to apply to definitions in prior LDC's if not found in the current LDC. Using a protractor on the
survey, Mr. Gochenaur determined (as had Mr. Kolflat) that the interior angle of the Grider lot
was approximately 1400. Thus, after reconsideration, staff determined that its earlier review of
the permit application and setback approval as a comer lot were in error.
Unless treated as a comer lot, the Grider residence, as built, would violate the 20-foot
rear yard setback in the POO, let alone the 25-foot preserve setback discussed below. To address
the technical definition of a "comer lot," Mr. Grider applied for a lot line adjustment as an
insubstantial boundary change pursuant to Section 10.02.02B.8 of the LDC. That is, he agreed
with his neighbor, Mr. Dunkelberger, to deed a small portion of the "neck" along the cul-de-sac
to Mr. Dunkelberger. By doing so, the internal angle of the Grider lot would be reduced to 1340,
thereby meeting the defInition of a comer lot. The request for a lot line adjustment was reviewed
by several members of staff at CDES, including Tom Kuck, Stan Chrzanowski, John
Houldsworth, Joe Schmitt, Ross Gochenaur, Susan lstenes, and others, By letter dated
August 16, 2007 from Stan Chrzanowski, Senior Engineer, Mr. Grider was advised that his
request for a lot line adjustment was approved. A Lot Line Adjustment Affidavit was reviewed
and approved by Mr. Chrzanowski on August 22, 2007 and recorded in the land records. A Quit
Claim Deed from the Griders to Dunkelberger of 170 square feet of Lot 28 was also recorded in
the land records on August 29,2007. A sketch ofthe Grider lot, after adjustment, is attached as
Exhibit L
The approval of the lot line adjustment has been administratively appealed by Ms.
Showalter through her counsel, and the appeal is pending.
The Sidewalk Controversy
During the construction of the Grider residence, the Griders wished to remove the
existing sidewalk which ran in front of the residence and terminated into a grass area
approximately one-quarter of the way around the cul-de-sac (Exhibit J). He approached the Olde
Cypress Architectural Review Board (which was controlled by the developer, Stock
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Board of County Commissioners
December 7,2007
Page 18
Development), the aide Cypress Master Association (also controlled by Stock Development),
and aide Cypress Homeowners Association (which had been turned over to the residents). The
request to Stock Development was made to Bob Delaney, ARB Coordinator, and Sandy
Houldsworth, Vice President of Stock Development in charge of the master association. Sandy
Houldsworth is the spouse of John Houldsworth of CDES. Sandy Houldsworth called Diane
Ebert, the President of Olde Cypress Homeowners Association, to advise her that Craig Grider
had requested permission to remove the sidewalk in front of his home. She requested that Diane
Ebert meet with her and Mr. Grider at the site, Ms. Ebert could not attend due to a death in her
family, and as a result asked James Dtmkelberger, a member of the Architectural Review
Committee of the Homeowners Association, to attend the meeting in her place,
Mr. Grider met 'with Bob Delaney, Sandy Houldsworth, and James Dtmkelberger at the
site to show them the area of the sidewalk proposed for removal. It was agreed at the meeting
that the sidewalk could terminate at the driveway of the Grider residence if approved by the
County. If the County required that the sidewalk extend beyond the driveway to empty into the
cul-de-sac, Grider agreed that he would do so.
By letter dated January 15,2007, Bob Delaney of Stock Community Services confmned
to Craig Grider that: "Upon review of your request to remove the existing sidewalk in front of
Lot 28 in Olde Cypress, the Architectural Review Board, aIde Cypress Master, and Olde
Cypress HOA has approved your request with the appropriate governmental approvals."
On January 26, 2007, Mr, Grider contacted Russ Muller of County Transportation
Department requesting approval for the removal of the portion of the sidewalk. Mr. Grider's
engineers at Waldrop Engineering submitted drawings showing the existing sidewalk to be
removed (Exhibit J). The request was reviewed by several members of County staff, including
John Houldsworth. Mr. Houldsworth's initial reaction was to require that the sidewalk not
terminate at the Grider driveway, but that it extend approximately 35 to 40 feet to the cul-de-sac
"neck" with a handicap ramp out to the street. On April 23, 2007, Kristina Carroll of Waldrop
Engineering responded bye-mail to John Houldsworth's suggestion to extend the sidewalk to the
street by stating that:
We would be willing to extend the sidewalk to the neck of the
cul-de-sac however we feel it is not necessary to add an HC ramp
since there is no sidewalk on the other side of the street. In
addition, a ramp is currently not provided where the sidewalk ends
on the Grider property.
Since there did not appear to be any objection at the time by anyone, including the HOA that had
control over the sidewalk, County staff approved the request. Waldrop Engineering was
formally notified of the approval of the plans by letter dated May 21, 2007, signed by John
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Board of County Commissioners
December 7, 2007
Page 19
Houldsworth, Senior Engineer. Based on that approval, Grider's contractors removed the
existing sidewalk beyond his driveway as shown on the plans.
On July 18, 2007, Diane Ebert wrote to Joe Schmitt advising him that the aIde Cypress
Homeowners Association did not in fact give permission for the removal of the sidewalk. On
behalf of the HOA, Ms. Ebert requested "that Collier County rescind this permit and have the
entire sidewalk restored to its original location and condition." Ms. Ebert explained to us during
interviews that Mr., Dunkelberger was a representative of the HOA Architectural Review
Committee, but did not have authority to speak for the committee or to give approval on behalf
of the HOA. The Board of the HOA never approved the Grider sidewalk removal request
As a result of the objection by the HOA, the County revoked its previous letter of no
objection. By letter dated August 9, 2007 from Thomas Kuck, Engineering Services Director,
Mr. Grider was notified "that we are hereby revoking the County's letter of no objection, dated
May 21, 2007 approving changes to the sidewalk requirements on Lot 28 for the referenced
project" Mr. Kuck explained that the basis for the revocation was "an apparent
misunderstanding" between Waldrop Engineering, John Houldsworth, and Mr. Kuck, whereby it
was Mr. Kuck's understanding that a short section of the sidewalk with a return to the street
would be provided. However, the actual plans submitted and approved by staff clearly did not
show such an extension. In any event, Mr. Kuck's letter requested Mr. Grider to construct a
short sidewalk return between the west side of his driveway to the street as shown on the
attached drawing (Exhibit K). Construction of such a sidewalk return would make the Grider
sidewalk consistent with an existing sidewalk on Wild Orchid Court in aIde Cypress (see
Exhibit L).
The aIde Cypress Homeowners Association, led by Diane Ebert, is continuing to object
to the resolution of the sidewalk controversy as determined by staff, and is insisting that the
sidewalk be returned to its original condition.
The Temporary Certificate of Occupancy
On August 24, 2007, the County issued a six month Temporary Certificate of Occupancy
(TCO) for the Grider residence. The issuance of the Tea was over the strong objection of
Planning Commissioner Kolflat and his daughter. eounty staff, led by Joe Schmitt, determined
that considerations of health, safety, and welfare did not support a denial of a Tea while the
setback, lot line adjustment, and sidewalk controversies were being resolved. However, on
November 7, 2007, Bob Dunn, Interim Building Director, wrote to Grider's contractor defining
the stipulations for the six month TeO which must be corrected before a pennanent eo can be
obtained. The stipulations included the extension of the sidewalk of35-40 feet to the cul-de-sac
neck, and that a variance be obtained from the Board of Zoning Appeals allowing the
encroachment of the principal structure of 14.3 feet beyond the 25-foot preserve setback, and the
encroachment of the accessory use of the pool area of 4,7 feet beyond the lO-foot setback from
rrA
Board of County Commissioners
December 7, 2007
Page 20
the preserve area, The letter concludes by stating that unless all outstanding inspection
requirements, including the variance by the BZA, and either a final CO or another TCO are
issued by February 28, 2008, Code Enforcement would bring enforcement proceedings pursuant
to the County's Notice of Violation issued to Grider on the same date, Case No. 2007101120,
The Preserve Setback Controversy
During the period of the Kolflat/Showalter objections to County staff concerning the
Grider residence in July, 2007, the issue of the 25-foot preserve setback provided in the LDC
was raised. It is not clear to us whether the issue was first raised by Kolflat/Showalter, or
County staff. Section 3,05.07 of the current LDC provides for Preservation Standards, That
section provides that "[a]ll development not soecificallv exemoted bv this ordinance shall
incorporate, at a minimum, the preservation standards contained within this section." (Emphasis
added). Subsection 3.05.07.H.3, provides for required setbacks from preserves as follows:
All principal structures shall have a minimum 25-foot setback from
the boundary of any preserve. Accessory structures and all other
site alterations shall have a minimum 10-foot setback from the
boundary of any preserve.
However, Subsection 3.05.07,A.2. specifically states: "Single familv residences are exemot
from the requirements of Section 3.05,07.H." (Emphasis added), Additionally, Subsection
3.05.07.H.4.a. provides: "Single family residences are subject only to the applicable vegetation
retention standards found in 3.05.07." Based on these express exemptions, it is our opinion that
the preserve setback requirements of Section 3,05.07,H. do not apply in this case.
The LDC also contains a similar 25- foot setback from protected preserve in
Section 1O.02,04.B.1. There are no express exemptions in this section of the Code. However,
Section 10.02.04 deals with submittal requirements for plats, and does not appear to relate to
individual building permit applications. If Section IO,02,04.B,1. was intended to guide
development of single family residences post platting, there is a glaring inconsistency between
this provision and the provisions of Section 3.05.07 quoted above. Why would the County
exempt single family residences from a 25-foot preserve setback in one section of the Code, if a
similar 25-foot preserve setback in another section of the Code continued to apply? We suggest
that this inconsistency in the LDC be clarified by the County to avoid confusion in the future.
We have been advised that staff has historically applied the preserve setbacks to single
family residences, be they in platted subdivisions or not. However, as documented by this case,
this procedure has not been applied uniformly, As a result of the Grider controversy, Joe Schmitt
directed staff to investigate whether there were other residences in Olde Cypress which violated
a 25-foot preserve setback. It was determined that between August 3, 2000, and October 19,
2006, a total of 17 Building Permits were issued for residences on Lone Pine Lane, Treeline
11\
Board of County Commissioners
December 7, 2007
Page 21
Drive, and Wild Orchid Court, which allowed for the construction of residences with principal
structures within 25 feet of the designated preserve area. (See Exhibit H). All but two (the
Dunkelberger residence on Lot 27, Lone Pine Lane, and the Grider residence on Lot 28, Lone
Pine Lane) would encroach upon a 25-foot preserve setback by 5 feet or less. The Dunkelberger
residence would encroach by approximately 10,85 feet, and the Grider residence would encroach
by 14.3 feet.
The Building Permits for these residences were issued by a variety of staff technicians
over a period of 6 years. In each case, the setback requirements were approved based on
standards set forth in the Olde Cypress POO document, normally a 25-foot front yard setback;
5-foot side yard setback; 20-foot rear yard setback, with a 5-foot setback from the rear or side
property lines for accessory uses. In addition, lots on Lone Pine Lane on which the replat
showed a la-foot golf course easement were required to have accessory use setbacks of at least
10 feet from the boundary line, There is no evidence in the permit files that any consideration
was given to a 25-foot preserve setback at the time these permits were issued.
It appears to us that the failure to adhere to a 25-foot preserve setback in the 17 instances
in Olde Cypress resulted from one of the following: (i) either the planning technicians did not
realize that the lots adjoined a preserve area at the time the setbacks were approved; (ii) the staff
technicians knew that the lots adjoined a preserve area, but were not aware of preserve setback
requirements; or (iii) the staff technicians were aware of the preserve area and preserve setback
requirements of the LDC, but determined that they did not apply to single family residences or
that the POO document setbacks controlled over the LDC. In support of the first explanation, we
note that the preserve areas were not labeled as such on the replats of Olde Cypress Units Two
and 'Three, on which building lots were shown. As a result, the boundary surveys and as-built
surveys for each residence did not show the preserve area. Rather, the surveys were taken from
the plats which simply showed "Tract A aide Cypress Unit One, PB 32, Pages 1-11" adjoining
the bnilding lots, As far as we have been able to tell from the files and interviews, no one on
County staff checked to see what type of property was contained in Tract A in Olde Cypress Unit
One at the time permits or certificates of occupancy were issued. There does not appear to have
been any policy or practice in place at the time for staff to verify the nature of property adjoining
a building lot. We understand that staff is in the process of developing procedures to require
more specific labeling of preserve areas on future plats, and to have staff check neighboring
tracts where the nature of the property is unclear on the survey.
At the BCC meeting of October 23,2007, Joe Schmitt presented a summary of what was
reported to be 18 properties in the Olde Cypress Development which appeared to encroach upon
the 25-foot preserve setback, and options to address the issue. It was reported that the LDC
allows for a variance of up to 25% of the required setback to be handled administratively. All
but two of the encroachments (Grider and Dunkelberger) fell within the parameters for
administrative reduction. Accordingly, the Board directed staff to resolve the less severe
'7A
Board of County Commissioners
December 7,2007
Page 22
encroachments administratively, and to notify Grider and Dunkelberger that they will be required
to seek a fonnal variance.
Conclusions
Our investigation into the Olde Cypress PUD controversy has led to the following
conclusions:
1. The question of whether the Building Permits for the 17 residences in Olde
Cypress were improperly issued depends on whether the 25-foot preserve setback applies to
these single family residences or not. It is our opinion that the preserve setbacks of 3.05.07 do
not apply due to the express exemption for single family residences contained therein, and a
strong argument can be made that preserve setbacks contained in Section IO.02.04.B.1. apply
only to platting requirements, not individual permitting. Based on that premise, the permits were
properly issued with setbacks measured against the provisions of the Olde Cypress PUD. If
staffs interpretation is correct and the preserve setbacks do apply, we find that the preserve
setbacks were not enforced in this case either because staff technicians were not aware of the
location of the preserve area due to the confusion in the plat labeling, or otherwise failed to
consider the preserve setback requirements when approving the setbacks. There is no evidence
to suggest that the developer of Olde Cypress, or the individual lots owners, were intentionally
favored or excused from preserve setback requirements applicable to all others.
2. The Grider building pennit application was reviewed and considered as a comer
lot by County staff. Angel Tarpley made this determination visually by reviewing the survey.
She was not aware at the time of the 1350 rule set forth in Division 6.3 of the 1991 LDC.
Applying the defmition of the 1991 LDC, initial determination and setback approvals as a comer
lot were made in error in that the internal angle of the lot's cord lines was greater than 1350.
This teclmicality was corrected by the lot line adjustment which has resulted in an interior angle
of 1340, The approval of the lot line adjustment is being appealed by Ms. Showalter through her
attomeys, so we will refrain from further comment on the merits of that appeal. For purposes of
this investigation, suffice it to say that the approval of the lot line adjustment appears to us to
have been done in good faith by County staff in the ordinary course of its business, and not
motivated by any improper influences,
3, An issue has been raised as to whether Jolm Houldsworth had a conflict of interest
in reviewing any application involving Olde Cypress, including the Grider issues, due to the fact
that his wife works for the developer. We agree that Mr. Houldsworth should not have involved
himself in the Grider review. To avoid the appearance of impropriety, Mr. Houldsworth should
recuse himself from issues dealing with Stock Development. Mr. Houldsworth agrees as well,
and has advised us that he will no longer participate in any issue dealing with Stock
Development. With regard to the issues in this case, however, the approvals in question were not
made by Jolm Houldsworth alone. Many members of County staff were involved in the
IlA
Board of County Commissioners
December 7, 2007
Page 23
approvals on a variety of levels. We do not believe that the results in this case would have been
any different had some other member of the Engineering Department reviewed the various
applications instead of Mr. Houldsworth.
4. Similarly, Planning Commissioner Tor Kolflat has a personal interest in this
matter due to the fact that his daughter, Melissa Showalter, has been negatively impacted.
Commissioner Kolflat's calls and meetings with County staff have resulted in more time,
attention, and scrutiny to this issue than would otherwise be the case. Due to his personal
interest in the matter and the fact that issues relating to the Grider residence may come before the
BCC in its quasi-judicial capacity, we also respectfully suggest that Commissioner Kolflat recuse
himself from further participation in this matter and leave it to Ms. Showalter and her attorneys
to present her case.
5. Much has been made of the fact that Mr. Grider is an attomey who works for a
law fIrm which represents Stock Development. Mr. Grider's relationship may have facilitated
approval of his home's architectural plans by the Architectural Review Board and aide Cypress
Master Association controlled by Stock Development, although this is a subjective determination
which cannot be proven one way or the other. Weare confident, however, that Mr. Grider's
employment or professional relationship with developer clients played no role in obtaining
County approvals.
6, In short, we have seen no evidence to suggest that the County approvals in the
aIde Cypress PUD/Grider cases were achieved as a result of "special favors," improper
influences, or illegal or unethical actions of any kind, and we do not fmd that any such
misconduct occurred.
Respectfully submitted,
ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
~.
LAF /tlk
Enclosures
cc: David C. Weigel, Esq., County Attorney
Jim Mudd, County Manager
NPI65043979,I
1A
JONES
FOSTER
JOHNSTON
& STUBBS, P.A.
Attorneys and Counselors
Memo
To:
From:
Date:
Subject:
John S. Trimper
Mindy S. Halley, Certified Legal Assistant
November 15, 2007
Boca East adv, Caraballo
File No,: 24021-1
John:
Pursuant to your request, I don't believe we need to subpoena the records from the MRI
facility.
Attached is a copy of the lumbar MRI that was performed on 6/21/02 at DCI or
Diagnostic Clinical Imaging by Bruce A. Rodan, M.D. which reveals herniated discs at
L5-S1 and T11-12. The study was requested by the chiropractor, Dr. Siracusa just 2
weeks after treatment was started on 6/5/02. Dr. Siracusa's notes in 8/02 or two months
after the MRI indicate that Mr. Caraballo was supposed to follow-up with the orthopedic,
Eric Fishman, M.D. re results from the MRI.
He saw Dr. Fishman about 4 x in 2002 and was placed at MMI on 11/19/02 with a 15%
impairment with 5% for his neck re loss of motion (was supposed to have a MRI but
never did) and 8% for his back based on MRI results but no mention of his ankle.
Treatment for his back is conselVative, home exercise and prn Vioxx. He returns for 3
visits in 2003. On 12/11/03 he returns for his last reevaluation which doesn't mention his
ankle and his MMI rating doesn't change. Hasn't had any treatment for his back for
almost 4 years,
P:\EOSISSIOOCS\24021 1000011MEM\12H3575, OOC
1A
OMITTED
1A
OMITTED
'lA
~er, Margaret L.
From:
Sent:
To:
Cc:
Subject:
KlatzkowJeff [JeffKlatzkow@colliergov, net]
Friday, February 15, 2008 2:23 PM
Cooper, Margaret L.
SchmittJoseph; IstenesSusan
Offica/lnterpretation Request
FW: December 12, 2007 Grider letter
Attachments:
~
FW: December 12,
2007 Grider I...
Ms. Cooper:
Attached is a response to your query.
Jeffrey A. Klatzkow
Chief Assistant County Attorney
(239) 774-8400
-----Original Message-----
From: Cooper, Margaret L. [mailto:rncooper@jones-foster.com]
Sent: Friday, February 15, 2008 1:51 PM
To: KlatzkowJeff
Subject: RE: Grider adv. Collier County - Code Enforcement Proceedings
Please provide me a copy of the written request for an official interpretation and all
materials submitted in support thereof.
1
1A
~per, Margaret L
From:
.ent:
To:
Cc:
Subject:
Attachments:
KlatzkowJeff [JeffKlatzkow@colliergov, net]
Tuesday, January 22, 2008 8:28 AM
IstenesSusan
SchmittJoseph; arnold_m; weigel_d
FW: December 12, 2007 Grider letter
December 122007 ietter.pdf
.
l!!I
December 12 2007
letter,pdf (2...
Susan:
In keeping with the direction of the Board at their last meeting, please
provide an official interpretation as to the following
question:
What is the legal preserve setback requirement with respect to those
properties which border preserves within Olde Cypress?
In preparing your response, please address or rebut the issues raised in the
attached letter dated December 12, 2007, by Margaret Cooper.
Jeffrey A. Klatzkow
Chief Assistant County Attorney
Telephone: (239) 774-8492
Fax: (239) 530-6600
1
1A
~er, Margaret L.
Orom:
~ent:
To:
Subject:
Cooper, Margaret L.
Tuesday, January 08, 2008 9: 12 AM
Munoz, Silvia
FW: Grider adv, Collier County" Code Enforcement Proceedings
Attachments:
SDOC3403pdf
1.1
Please copy all of the letters that I have sent out of the file -- not out of
the computer and pdf them to me so I can send them on to him.
SD00403,pdf (48
KB)
-----Original Message-----
From: KlatzkowJeff [mailto:JeffKlatzkow@co11iergov.net]
Sent: Sunday, January 06, 2008 4:12 PM
To: Cooper I Margaret,~_~,__ _"___~_'^__ _
Cc: Munoz, SilviaJ "Schrni ttJoseph.i TeachScott; weigel d
S~,Sj-~ FW: Grider adv. Collier County - Code Enforcement Proceedings
p1~. Cooper:
I
~,,---_:~~_~se direct all future communication concerning this matter to me, ")
----.
_....~-
Teffrey A. K1atzkow
Chief Assistant County Attorney
(239) 774-8400
From: SchmittJoseph
Sent: Fri 1/4/2008 7:35 PM
To: IstenesSusan; KlatzkowJeff; arnold m
Subject: FW: Grider adv. Collier County - Code Enforcement Proceedings
FYI
Joe
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division office -- (239) 403-2385/2390
cell -- 595-9751 "Balancing the demands of growth and the demands of the corrununity"
~rom; Munoz, Silvia [mailto:smunoz@jones-foster.com] On Behalf Of Cooper, Margaret L.
ent: Friday, January 04, 2008 3:30 PM
To: SchrnittJoseph
Subject: Grider adv. Collier County - Code Enforcement Proceedings
1
'l~
Margaret L. Cooper, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
505 South Flagler Drive, Ste. 1100
West Palm Beach, FL 33401
(561) 659-3000
DID (561) 650-0484
Facsimile (561) 650-0422
srnunoz@jones-foster.com <mailto:smunoz@jones-foster.com>
www.jones-foster.com <http://www.jones-foster.com/>
The information contained in this e-mail message is intended only for the personal and
confidential use of the recipient(s) named above. This message and its attachments may be
an attorney-client communication and, as sueht is privileged and confidential. If the
reader of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that you have received
this document in error and that any review, dissemination, distribution, or copying of
this message is strictly prohibited. If you have received this communication in error,
please notify us immediately bye-mail, and delete the original message.
2
JONES
FOSTER
JOHNSTON
& STUBBS, PA
Attorneys lInd Counselors
'IA
Flagler Center Tower, Suite 1100
505 South Aagler Drive
West Palm Beach. Florida 33401
Telephone (561) 659.3000
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Margaret L. Cooper, Esquire
Direct Dial: 561-650-0464
Direct Fax: 561-650-0422
E-Mail: mcooper@jones-foster.com
February 15, 2008
Via E-Mail and U.S. Mail
\
Jeffrey A. Klatzkow, Esquire
Chief Assistant County Attorney
3301 East Tamiarni Trail, 8th Floor
Naples, FL 34112
Re: Grider Residence - Olde Cypress
Code Citation Case No.: 2007101120
Our File No. 25190-1
Dear Mr. Klatzkow:
I am writing on behalf of Craig and Amber Grider with regard to the potential official
interpretation to be made by Susan Istenes.
First, I have concerns that this entire procedure has been tainted due to the political influences
being exerted on Ms. Istenes and the independent inquiries, investigation and analysis that have
been done by the Commissioners. I believe that there cannot be a fair and impartial decision or
review in the process. I also do not believe that the "official interpretation" procedure applies to
questions from the County Commission in the first place.
Also, it strikes me as rather odd that the BCC would request this after having received Lawrence
Farese's report. We believe that the County Commission should defer to the initial report that
they commissioned by Mr. Farese, who is a true independent not subject to the political influence
and pressures that may come to bear upon Ms. Istenes. He conducted a thorough, independent
investigation of all matters.
However, if in fact, Ms. Istenes is moving forward, then we would like to have an opportunity to
present our side of this matter.
After two letters I sent to Joe Schmitt, you barred me from having any contact with Collier
County Staff on behalf of the Griders.
On the other hand, the attorneys and principals who have asserted that Mr. Grider's home is not
in compliance with the LDC have been arguing their position and presenting materials to County
staff, County Commissioners, Ms. Istenes, Mr. Schmitt, and others for many, many months. I
www.jones-foster.com
'1~
Jeffrey A. Klatzkow, Esquil"
Chief Assistant County Attorney
Pebruary 15, 2008
Page 2
was shocked at the extent of documentation that was provided to me pursuant to a public
document request. In fact, a quote from a local copying company for printing the materials from
the CD sent was $3,500, Needless to say, there has been substantial communication, argument
and presentation by those urging the existence of a code violation for four solid months.
We believe it is imperative that the Griders should be given a fair opportunity to present the
other side to Ms. Istenes. I have learned of additional factual information that should be
considered before Ms. Istenes issues an opinion. We also believe that we should be given
opportunities to understand what opposition has been presented and to present rebuttal. Prom the
materials I have reviewed, there is substantial misinformation and factual inaccuracies that have
been presented. There is also considerable new information that has been totally overlooked.
I am sending a copy to Ms, Istenes of our request that she allow us an opportunity to present this
additional material and argument before she renders any opinion, if in fact the County intends to
proceed.
Thank you.
Sincerely,
JONES, POSTER, JOHNSTON & STUBBS, P,A.
BX~~~~
MLC/lsm
cc: Susan Istenes (via e-mail and U.S. Mail)
Joseph K. Schmitt (via e-mail and U.S. Mail)
Craig D. Rider (via e-mail and U.S. Mail)
P:\DOCS\2519o\OoOOI \L TR\12U2332,DOC
klatzkow re document production interpretation
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Page 1 of!
Cooper, Margaret L.
From: KlatzkowJeff [JeffKlatzkow@colliergov,net]
Sent: Friday, February 15, 2008 3:20 PM
To: Cooper, Margaret L.
Cc: SchmittJoseph; IstenesSusan; weigeLd
Subject: RE: Grider Residence "Olde Cypress" - Code Citation # 2007101120
I have no issue with your sending me any material you believe is relevant to Ms, Istene's decision, which material
I will give to Ms, Istenes for her review, and in fact would encourage you to do so,
You are in error with respect to your assertion that the BCC can not request an Official Determination, and your
"concern" that Ms. Istene's interpretation will be "tainted" is both offensive and ignorant. Ms, Istenes is well
respected throughout this community Qecause she calls things as she sees them, irrespective of what others may
wish to hear. If she was not perceived as being fair and impartial, the development community would have
caused her to be replaced long ago.
Jeffrey A. Klatzkow
Chief Assistant County Attorney
(239) 774-8400
From: Munoz, Silvia [mailto:smunoz@Jones-foster.com] On Behalf Of Cooper, Margaret L.
Sent: Friday, February is, 2008 3:05 PM
To: KlatzkowJeff
Cc: SchmittJoseph; IstenesSusan
Subject: Grider Residence "Olde Cypress" - Code Citation # 2007101120
Margaret L. Cooper, Esq.
Jones, Foster, Johnston & Stubbs, PA
505 South Flagler Orl.e, Ste, 1100
West Palm Beach, FL 33401
(561) 659-3000
DID (561) 650-0464
Facsimile (561) 650-0422
~munQZ_@jQn.e.~mteL.CQm
www.iones.foster.com
The information contaIned In this a-mail message is intended only for the personal and confidential use of the reciplent(s) named above. This message
and its attachments may be an attorney~client communication and, as such, Is privileged and confidential. If the reader of this message is not the
intended recipient or an agent responsible for delivering It to the Intended reclpient, you are hereby notified that you have received this document In
error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error,
please notify us Immediately bye-mail, and delete the original message.
4/17/2008
lA
JONES
FOSTIR
JOHNSTON
& STUBBS, FA
Attorneys and Counselors
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach. Florida 33401
Telephone (561) 659-3000
A1ai/ing Address
Post Office Box 3475
West Palm Beach. Florida 33402-34-
Margaret L. Cooper, Esquire
Direct Dial: 561-650-0464
Direct Fax: 561-650-0422
E-Mail: mcooper@jones-foster.com
RECEIVED
MAR ~ 11 2008
February 29,2008
ZONING DEPARTMENT
Susan M, Istenes, AICP, Director
Zoning & Land Development Review
2800 N, Horseshoe Drive.
Naples, FL 34104
Re: Grider Residence - OIde Cypress
Our File No. 25190-1
Dear Ms. Istenes:
On February 15, 2008, at my request to County Attorney Jeff Klatzkow, I was given a
copy of the request for official interpretation that was given to you on December 12, 2007 by
oral request of the BCC. The question presented is:
What is the legal preserve set back requirements with respect to
those properties which border preserves within Olde Cypress?
The purpose of this letter is to set forth Craig and Amber Grider's position with respect to the
same,
REPORT OF LAWRENCE FARESE
As you know, the BCC appointed an independent investigator, Lawrence Farese, to
investigate and render a report on this matter. He conducted a thorough, independent
investigation of all matters. His report is dated December 7,2007. You have a copy. The result
was not to the satisfaction of Mr. Grider's neighbors (Melissa Showalter) or and her father (Tor
Kolflat), This, however, is not reason to jettison the report,
We believe that the County Commission should defer to the initial report that they
commissioned by Mr. Farese, who is a true independent.
We have also uncovered additional facts and analysis not addressed by Mr. Farese which
support his earlier conclusion. This is addressed below,
1A
Susan Istenes, Director
Zoning & Land Development Review
February 29, 2008
Page 2
The history of the Olde Cypress is relevant.
11/17/86. Woodlands PUD. Olde Cypress was originally a PUD approved on 11/1/86
called The Woodlands by Ord, 86-75, which predates most of the LDC provisions being
addressed.
12/14/99. Olde Cypress PUD. The first Olde Cypress POO was passed by Ord. 99-92.
5/23/00. Olde Cypress PUD. Ord. 99-82 as repealed in its entirety and a new Olde
Cypress POO was passed on 5/23/00 by Ord. 2000-37. This contains the following pertinent
prOVISIOns.
12/12/00. Olde Cypress PUD. Specific Provisions ofOlde Cypress PUD. Ord.2000-53
modified the Olde Cypress POO to correct scrivener's errors in the development standards and
reiterated the set back chart found in the 5/23/00 POO.
RELEVANT PROVISIONS OF PUD DOCUMENT
The following provisions of the 5/23/00 POO Document are relevant.
Section IV. Land Use and Regulations. Table I Land Use Schedule of the PUD
Document reveals the following acreage.
Residential 154.07 Acres
Commercial 12,5 Acres
Golf and Country Club, Lakes 169.4 Acres
and Open Space
Lake Preserve Area 2.1 Acres
Wetland Preserve, Park and 176.2 Acres
Wildlife Sanctuary
538.1 Total Acreage
'lA
Susan Istenes, Director
Zoning & Land Development Review
February 29, 2008
Page 3
This equates to the following percentages:
Tracts Acres 0/0
Lake/Preserve 2.1 .003%
Wetlands, Preserve, Park and Wildlife Sanctuary 176.2 32.74%
Golf and Country Club, Lakes and Open Space* 169.4 31.48%
*Open Space also contains native vegetation. 64.223% Total in preserve, golf
course and ODen snace
Native Vegetatioll Retelltioll. Sec. 4,06 of the POO Document notes that the County
requirement of 25% native vegetation retention was satisfied by and subsumed within the 176,2
wetlands, preserve, park and wildlife sanctuary:
4,06 NATIVE VEGETATION RETENTION
Pursuant to Policy 6.4,7 of the Conservation and Coastal Management Element,
the native vegetation retention requirements for the project, which are twenty-five
(25) percent of the gross land area, are deemed to be satisfied by the 176.2 acre
preserve, park and wildlife sanctuary, depicted on Exhibit "A" of the general plan
of development for OLDE CYPRESS.
Note that 25% native vegetation retention would have been 135.52 acres, not 176,2 acres. Thus,
there was at least 41 acres under the Conservation Easement more than required by Collier
County. There is probably even more extra native vegetation retention considering the
Lake/Preserve and native vegetation within the Golf Course' and other Open Space,
Buffer Areas To Preserves. Section 9. of the POO Document addresses "Buffer Areas to
Preserves and Environmental Stipulations." It notes that Conservation Tracts were to be
dedicated on the plat. The dedication, according to the POO ordinance, is to be in accord with
Florida statutory standards and not to conflict with SFWMD permits. Section 9.11 provides:
C. Wetland preservation/mitigation areas, upland buffer zones, and/or
upland preservation areas shall be dedicated as conservation and common areas
in conservation easements, as well as 011 the plat, with protective covenants per or
similar to Section 704.06 of the Florida Statutes, provided that said covenants
shall not conflict with South Florida Water Management District Permit No. 11-
01232S.
1A
Susan Istenes, Director
Zoning & Land Development Review
February 29, 2008
Page 4
D. Development shall be pursuant to the existing South Florida Water
Management District Permit No. 11-01232S, and U.S, Army Corps of Engineers
Permit No. 1989909601PMN. Any amendments to these Permits shall be subject
to review and approval by Current Planning Environmental Staff.
E. Buffer zones adj acent to the preserve areas shall be pursuant to
South Florida Water Management District Permit No, 11-01232S.
Note the following:
1. There is no requirement for a "preservation easement" in favor of Collier
County. The only easements required in the POO ordinance were "Conservation Easements" as
set forth in F.S. 9 704.06.
2. Development regulations and buffers to preserve areas were specified to be in
accord with South Florida Permits No, 11-01232S and US, Army Corps of Engineers Permit No.
989909601PMN. (These require that the lots not be platted in jurisdictional wetlands, and that
there be an upland buffer of at least 15 feet on average.) There was no requirement for
additional set backs under the County LDC.
3. The acreage under conservation far exceeded the County's 25% native vegetation
retention and includes upland buffers. Thus, the extra acreage more than compensates for a 25
foot set back from native vegetation retention. (This bears on why no additional set backs were
required in the POO Document.)
Specific PUD Developmellt Stalldards. Section 7,05 of the POO Document deals with
specific development standards for land uses in the Residential Tracts. Subsection A refers to
Table II containing the set back standards for residential development as follows:
TABLE II
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMITTED SINGLE ZERO TWO SINGLE MULTI-
USES AND F A..\1IL Y LOT FAMILY & F AMIL Y F AMIL Y
STANDARDS DETACHED LINE DUPLEX ATTACHED DWELLING
AND
TOWNHOUSE
Minimum Lot 6,000 5,000 3,500 3,000 S,F. lAC
Areas S,F. S,F. S.F.(l) per duo
Minimum Lot 60 45 35 30 150
Width(2)
Front Yard 25(5) 20(5) 20(5) 20 25
Setback
Side Yard(3) 5 (4)0 or o or 5 o or ,5 BH o or .5
Setback 10 BH
Rear Yard 20 10 20 20 25
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Susan Istenes, Director
Zoning & Land Development Review
February 29,2008
Page 5
Setback
Principal
Rear Yard 10 5 10 10 10
Accessory(')
Maximum 35 35 35 35 45'"
Building
Height
Distance N.A, N.A. N,A. 10 .5BH
Between
Structures
Floor Area 1200 1200 1200 1000 750
Min. (SF)
Note: There is no requirement in the POO Document for additional set backs on lots
abutting Conservation Tracts.
General Land Development Standards. The POO Document provides that only
development standards that are not addressed in the PUD will be addressed by the LDC and
development will be in accord with those LDC standards in place at the time a development
order is appliedfor. See Section 3,04.A. of the POO Document, which provides:
Regulations for development of the OLDE CYPRESS POO shall
be in accordance with the contents of this document, the POO-
Plarmed Unit Development District and other applicable sections
and parts of the Collier County Land Development Code (LDC)
and Growth Management Plan in effect at the time of issuance of
any development order to which said regulations relate which
authorizes the construction of improvements.
OLDE CYPRESS PLATTING
April 1999 -Master Plats. The master plat for Olde Cypress was approved by Staff, the
County Engineer, County Attorney and the BCC in April 1999 and recorded at Plat Book 32,
pages 1-11. This plat designates various Parcels in the POO as "Tracts." Of concern here is
Tract A (Conservation) and Tract 5 (Future Residential), The Griders' home is in Tract 5,
Conservation Tracts. Tract A was designated in the plat as "Conservation." Again,
conservation includes not only the 25% County native vegetation retention, but also the
additional wetlands preservation, uplands preservation, and uplands buffer. Accordingly, it
contains far more than the required 25% native vegetation retention - an additional 41 acres.
The Conservation Tracts are dedicated to the Master Homeowners Association for
maintenance, The plat language states that they are to be handled per state and federal permits:
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Susan Istenes, Director
Zoning & Land Development Review
February 29, 2008
Page 6
All Conservation Tracts. . . in no way may be altered from their
natural state, except as stipulated in South Florida Water
Management District Permit No. 11-0123-S and U.S. Army Corps
of Engineers Permit No. 891PI-90960.
The County was not dedicated any easement in the Conservation Tract, except for drainage.
Residential Tracts. The parcel labeled Tract 5 on the plat is designated for residential
use. There are no additional building set backs shown on the plat and none were required. Note:
this residential parcel is already set back from the 25% County native vegetation retention
because the 25% vegetation retention is a "subset" of the larger Conservation Tract.
July 1999 - Tract 5 Replat. Tract 5 of the original plat was replatted into single family
lots. Keep in mind that the residential "parcels" were already well set back from the County 25%
native vegetation retention by an upland buffer and additional preserve built into the
Conservation Tract.
Note: The replat is a few months after the first plat. Although Tract A is not designated
"Conservation" in the replat, it is not likely that Staff simply "forgot" about the Conservation
Tract in the first plat. The reviews were going on almost simultaneously.
HISTORY OF STAFF AND COUNTY APPLICATION
OF LDC STANDARDS
I am advised that the way that the Olde Cypress PUD approvals and platting were handled
(without additional 25 foot set backs) by Staff and the County, including the County Attorney
and BCC, was typical of the way that developments involving large Conservation Tracts were
administered and the way that the LDC was typically applied in the late 1990's.
HISTORY OF GRIDER DEVELOPMENT
Mr. Farese's report lays out the history of the Grider Development. Simply stated, Mr.
and Mrs. Grider received assurances from County staff as to set backs before purchasing their
lot, they received all applicable permits, they have complied with all permits, and have expended
well over $1,000,000 in constructing the home.
The first issue raised came from their neighbor, Melissa Showalter (daughter of Planning
Commissioner Tor Kolflat) after the house was all but finished. Although questions were raised,
the County never red flagged the project nor issued a stop work order. The house is now
finished in complete compliance with all approved plans and permits. A temporary certificate of
occupancy was issued.
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Susan Istenes, Director
Zoning & Land Development Review
February 29,2008
Page 7
PUD DEVELOPMENT STANDARDS CONTROL
The assurances that Staff gave the Griders as to set backs were 100% correct. Section
9.11.D of the PUD Document (Enviromnental Stipulations) provides that all "development shall
be pursuant to the existing South Florida Water Management District Permit No. 11-01232S". In
addition, Section 9.11.E. of the PUD Document stipulates that all "buffer zones adjacent to
preserve areas shall be pursuant to South Florida Water Management District Permit No. 11-
01232S."
Nowhere is there a 25 foot set back from preserves in the PUD Document or the plats.
To the contrary, Table II of the development standards (Section VII of the PUD) specifically
deals with the set backs. Table II does not contain additional preserve set backs.
These specific PUD standards control. In support, please refer to LDC Sec. 10.02.13C
Effect of Planned Unit Development Zoning. This provides, in essence, that a PUD is considered
an amendment to the zoning code and development shall proceed in accord with the PUD rather
than the zoning code:
10.02.13 Effect of Planned Unit Developme1lt Zoning. If approved
by the county board of commissioners, the master plan for
development, the PUD document and all other information and
materials formally submitted with the petition shall be considered
and adopted as an amendment to the zoning code and shall become
the standards for development for the subject PUD. Thenceforth.
the development in the area delineated as the PUD district on the
official zoning atlas shall proceed only in accordance with the
adopted development regulations and the PUD master plan for said
PUD district, . . . (Emphasis added)
The earlier LDC provision in effect when Olde Cypress PUD was approved is similar and
provides:
2.2.20.2.1 Relation of planned unit development regulations to
tile growtll management plan, zoning, subdivision, or other
applicable regulations. All applications for PUDs shall be in full
compliance with the future land use element and the goals,
objectives, and policies of all elements of the growth management
plan. All development regulations and other applicable provisions
of all county ordinances such as, but not limited to, all provisions
of the Collier County land development code, as may be amended,
shall apply unless specifically modified by the approved PUD
document and PUD master plan. (Emphasis added)
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Susan Istenes, Director
Zoning & Land Development Review
February 29,2008
Page 8
aIde Cypress is a duly adopted PUD and constitutes its only zoning district. There is
specific reference to preserve areas and buffer zones and specific standards as to set backs which
apply. Those PUD standards now "trump" any general set back standards found elsewhere in the
LDC.
Deviations Not Citing Specific LDC Sections. We have heard the opponents urge that
the LDC preservation set backs should prevail because the PUD Document does not call out for a
deviation from such standards by code section. They are wrong. LDC Sec. 10.02.13.A.2.v
requites only that "deviations from LDC standards - other than building locations such as yard
requirements, etc. - be identified by code section number." (We have been told that this current
LDC codification is in accord with longstanding County practice before Sec. 1 0.02.13.A.2.v was
adopted.) The specific PUD development standards control for yards and setbacks,
notwithstanding that deviations from the LDC set backs are not identified by code section
number.
LDc HISTORY
The LDC history also comports with the manner in which Staff and the County handled
aIde Cypress.
1999 Vegetation Preservation Standards. The 1999 LDC Vegetation Removal and
Preservation Standards provided that 25% of the native vegetation of a development would be
retained. This is found in Chapter 3 (Development Requirements) and specifically in Division
3.9 (Vegetation Removal, Protection and Preservation). LDC Sec. 3.9.5.5.3 addresses that this
25% native vegetation retention could be included as a subset in other open space, recreational
amenities and preserved wetlands:
Where a project has included open space, recreational amenities
or preserved wetlands that meet or exceed the minimum open
space criteria of Collier County, this policy shall not be construed
to require a larger percentage of open space set aside to meet the
25 percent native vegetation policy.
Accordingly, the 25% native vegetation retention may be a subset of a larger conservation area
required by state and federal agencies. Alternatively, the 25% retention could be "stand alone" if
there are lesser federal or state preserve requirements.
Most importantly, there is no requirement for a mandatory easement of native yegetation
retention infavor of Collier County found in Division 3.9 (Vegetation, Removal, Protection and
Preservation) of the 1999 LDC. I have been advised (by experienced developers and ex-County
stafl) that in negotiation PUD's in the 1990's, the County sometimes required preservation
easements during PUD negotiations and sometimes not.
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Susan Istenes, Director
Zoning & Land Development Review
February 29,2008
Page 9
Specific Conservation Easement Requirements. Conservation easements were dealt
with in an entirely different LDC section. There is a totally separate provision dealing with
easement dedication of parks, conservation areas, etc. found in LDC Sec. 3.2.8.3.12 which
requires dedication of such conservation areas in accord with state and federal law, not County
requirements. This governed the aIde Cypress PUD. This section reads:
3.2.8.3.12. Parks, protected areas, preservation areas,
conservation areas, recreational areas, and school sites.
1. Parks, protected areas, preservation areas, conservation
areas. Parks, protected areas, preservation areas and
conservation areas shall be dedicated and/or conveyed in
accordance with applicable mandatory dedication
requirements and regulations of federal, state and local
agencies.
This section governs larger Conservation Easements, as opposed to Sec. 3.2.8.4.7 dealing with
smaller County preserve easements. This does not mandate dedication to the County.
In most earlier PlJD's, a separate dedication to the County was not required. It was
simply a matter of negotiation, not mandate. In the case of aIde Cypress, a preservation
easement in favor of Collier County was not required in the PUD Document or on the plats.
1999 Platting Requirements. As to platting, the 1999 LDC does contain set back
requirements for County required easements in LDC Chapter 3, Division 3.2 (Subdiyisions)
("Collier County Subdivision Code") and specifically 3.2.8.4.7 Easements. This Division deals
with subdividing and platting. The section reads:
Protectedlpreserve area and easements. A nonexclusive easement
or tract in favor of Collier County, without any maintenance
obligation, shall be provided for all "protected/preserve" area
required to be designated on the preliminary and final subdivision
plats. Any buildable lot or parcel subject to or abutting a
protectedlpreserve area required to be designated on the
preliminary and ftnal subdivision plats shall have a minimum 25-
foot setback from the boundary of such protected/preserve area in
which no principle structure may be constructed.
A specific exemption to the 25 foot set back is also found in the last sentence of Sec. 3.2.8.4.7
where additional preserve areas (such as this Conservation Easement) are addressed:
.,
An applicant who wishes to set aside, dedicate or grant additional
protected preserve areas not otherwise required to be designated
on the preliminary subdivision plat and final subdivision plats may
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Susan Istenes, Director
Zoning & Land Development Review
February 29, 2008
Page 10
do so by grant or dedication without being bound by the provisions
of this section.
In the case of aIde Cypress, the following is true:
I. A "preserve easement" in favor of Collier County was not required to be
designated on the plat. Here, a larger Conservation Tract was designated
on the plat, which contains far more acreage than the 25% natural
vegetation, which is subsumed in the larger tract.
2. Because aIde Cypress dedicated a larger Conservation Easement, by the
County preservation easement set backs do not apply. The Conservation
Easement (and set backs) are controlled by Sec. 3.2.8.3.12, which dictates
that state and federal standards control.
3. Because of the large size of the Conservation Tract, the residential
"parcel" (designated as Tract 5 on the aIde Cypress plat) was already set
back more than 25 feet from the County 25% native vegetation retention.
4. The specific development regulations deferring to state and federal
permits found in the PUD apply - not the more general LDC section
dealing with County preserve easements, especially where none were
required to be platted.
Accordingly, the County was 100% correct when it did not require additional 25 foot set
backs from the larger state Conservation Easements either in the PUD standards or the
plats. It would have been redundant.
Curre/lt LDC Vegetatio/l Preservatio/l Provisio/ls. The current Vegetation
Removal, Protection, Preservation Standards are found in Division 3.05.00 of the LDC,
which was adopted in either 2003 or 2004. This Division of the LDC still contains a 25%
natiye vegetation retention requirement.
However, the LDC amendment also adds Sec. 3.05.07.H.1.d. This now mandates
that the native vegetation preserve areas be dedicated as easements to the County. This
was adopted as a result of pressure by the enviromnentalists. However, there is no
corresponding mandate in old Division 3.9 (Vegetation, Removal, Protection and
Preservation), which was in effect when aIde Cypress was approved. Accordingly, now
Collier County generally gets a preservation easement. This did not apply when the aide
Cypress PUD was adopted. The practice at that time varied and was negotiable.
As to platting and preservation easements, old Division 3.2 is now found in
current LDC Sec. 1O.02.04.B.1. It is identical to old LDC Sec. 3.2.8.9.7.3. It contains
the same language that platted lots or parcels are to be set back 25 feet from County
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Susan Istenes, Director
Zoning & Land Development Review
February 29,2008
Page 11
dedicated preserve areas. The intent, however, is exactly the same as the old LDC. It is
the platting of the lot or parcel, which is to be set back from native vegetation retention.
The set back does not apply again once the residential parcel is replatted into lots or a
house is built on a platted lot. The current version also contains the exemption when
there are additional preserve areas (Conservation Easements) beyond the 25% natiye
vegetation retention. This may still operate to eliminate the need for the County
easement, but I do not know whether it has been applied in that manner.
Current LDC Single Family Lot Exceptions. When the LDC was revamped in
2003 to include mandatory County preservation easements, it was also made clear that
the 25 foot set backs do not apply to single family residences on single family lots. See
Sec. 3.05.07. This would also apply to the re-platting of residential parcels into single
family lots where the residential parcel had already been set back in the first plat. This
clarification was made because the environmental community was urging the kind of
reinterpretation as the opponents here are urging.
This amendment is simply a clarification of the way that the staff had traditionally
handled single family lot situation. This single family lot exception reads:
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall
incorporate, at a minimum, the preservation standards contained
within this section.
. . .
A. General standards and criteria.
. . .
2. Areas that fulfill the native vegetation
retention standards and criteria of this Section
shall be set aside as preserve areas, subj ect to
the requirements of section 3.05.07H. Single
family residences are exempt from the
requirement of section 3.05.07H.
. . .
H. Preserve standards.
. . .
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Susan Istenes, Director
Zoning & Land Development Review
February 29,2008
Page 12
3. Required setbacks to preserves.
a. All principal structures . . . 25- foot. . .
accessory structures. . . 10- foot.
4. Exemptions.
a. Single familv residences are subiect
onIv to the applicable vegetation
retention standards found in 3.05.07.
As you can see, the exemption for single family residences from setbacks is so
clear it is spelled out twice in LDC Ii 3.05.07. This applies whether it is a pre-existing
family lot or a replat of a residential parcel which was already platted.
At one BCC meeting it was expressed (by Commissioner Henning at Attorney
Clay Brooker's urging) that this single family exception cannot be applied to the Grider
lot because the "exemption" provision was adopted in 2004 after the Olde Cypress PUD
was approved. This is not accurate. The PUD Document specifically states that current
LDC provisions, if applicable, should apply.
I am also advised that there is an exemption for previously platted subdivisions.
Let me reiterate that we believe that the PUD set backs control, not LDC. But if
the LDC set backs do apply, then single farnily lots are clearly exempt. The single family
parcel (when it was platted) was already well set back from the County's 25% native
vegetation retention set backs.
OTHER LOTS AND SUBDIVISIONS
r' am informed by Mr. Grider that there are 18 single family residences that have been
approved and constructed in Olde Cypress in accordance with the same set back application. This
will need to be verified.
In addition, we have heard that the following other subdivisions may have similar set backs
from preserve areas:
Audubon Country Club, Galleria at Pelican Marsh, Egrets Walk,
Troon Lakes, Pelican Marsh (Spanish Moss), Tuscany Cove,
Hawksridge, Lago Vallagio, Tiburon Blvd. East, Naples Heritage,
Forest Glen, Tarpon Bay, Castlewood, Kensington, Grey Oaks,
Briarwood Unit 7, Preserve at Berkshire Lakes 2B, De1asol
Mediterra, Wilshire Lakes Phase Two, Carlton Lakes II and III,
Pelican Strand, Tarpon Cove, Indigo Lakes, Northshore Lake
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Susan Istenes, Director
Zoning & Land Development Review
February 29,2008
Page 13
Villas Replat, Stonebridge, Milano, Sterling Oaks, Leewood
Lakes, Olde Cypress, Horse Creek Estates.
This again needs to be verified by staff to determine the extent and nature of the set back issues.
In sum, there may be hundreds (if not thousands) of homeowners whose set backs have
been treated similarly. This is no accident - it is because Staffs handling of their building
applications was 100% correct. That there are so many other PUD's is proof that the Staffs
treatment was not a mistake. The set backs are governed by PUD documents and state and federal
permits - not local ordinances - because the 25% native vegetation is subsumed or is a subset of a
much larger state or federal Conservation Tract.
The enviromnentalists later urged an expansion of the original intent of the 25 foot set back
from County preserve easements. At their urgings, some later PUD's were required to have an
additional set back as part of the negotiations. These urgings and later negotiations, however, do
not render the many other earlier development approvals a "mistake."
The costs of a retroactively applied "re-interpretation" and expansIOn of preservation
easements would run in the hundreds of millions of dollars.
COUNTY IS ESTOPPED
The County is now legally estopped from changing prior applications and interpretations
as to all homeowners who have constructed under the standards previously applied. The Griders
and hundreds (if not thousands) of other homeowners have spent hundreds of millions of dollars in
the home construction. The County cannot now, in the guise of a changed "interpretation" undo
this. Generally, estoppel is addressed by the courts, not County Staff, but we do not wish to waive
any arguments in this regard.
NO OWNERS (INCLUDING MELISSA SHOWALTER)
HAVE BEEN REFUSED SIMILAR SET BACKS
Mr. Grider's neighbor, Melissa Showalter, claims to have "complied" with the alleged 25
foot set back. However, she fails to show that she ever asked for less and was refused. To the
contrary, her house placement was her choice. She opted for a bigger back yard. Weare unaware
of any homeowners being denied the normal set back in Olde Cypress or any other subdivision,
until the recent complaint and new "interpretation" that arose in 2007.
MELISSA SHOW ALTER HAS NO "RIGHTS"
TO UNOBSTRUCTED VIEW OF THE PRESERVE
I would refer you to the following cases.
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Susan Istenes, Director
Zoning & Land Development Review
February 29,2008
Page 14
Messert v. Cohen, 741 So. 2d 619 (Fla. 5th DCA 1999). Held that a landowner has no
right to an unobstructed view of beach front over the neighbor's vacant property, and, therefore,
had not right to prevent construction of a house on it.
Town of Indialantic v. Nance, 400 So. 2d 37 (Fla. 3rd DCA 1991). Held that a landowner
has no absolute legal right to an unobstructed air and light from the adjoining land so as to prevent
construction.
These cases are relevant to the Griders neighbors' (Showalter) complaints conceming a
desire to have an unobstructed view of the nature preserve.
AMBIGUITIES MUST BE
CONSTRUED IN FAVOR OF GRIDER
If you feel that there is an ambiguity in the Code or the PUD Document, please be
reminded of the CoUnty's obligation to broadly construe its ordinances in favor of free use of
one's property. It has been held by the Florida Supreme Court consistently since 1973, that
"zoning regulations are in derogation of private property rights ownerships. . . . and should be
interpreted in favor of the property owner." Rinker Materials v. City of North Miami. 286 So. 2d
552,554 (Fla. 1973); Colonial Apartments v. City of Deland, 577 So. 2d 593 (Fla. 5th DCA 1991)
held that where a city's interpretation of its zoning and architectural guide ordinances were
adverse to the interpretations of the land owners seeking to develop the property, "any doubt
should be construed in favor of the property owner." See also, in particular, Citv of Miami Beach
v. 100 Lincoln Road. Inc.. 214 So. 2d 39 (Fla. 3d DCA 1968), holding that land use ordinances are
subject to strict construction in favor of the property owner for the unrestricted use of his property.
In sum, any doubt or even a tie in interpreting the setback issue should go in favor of free
use ofMr. Grider's property.
CONSTRUE LDC AND PUD ORDINANCES IN HARMONY
AND SO AS TO BE CONSTITUTIONAL
The construction of the LDC provisions we have advanced harmonizes all provisions of
the LDC - both old and current. Our interpretation also harmonizes the LDC with the PUD
ordinances. Our interpretation is also in keeping with the way Staff and the BCC have
traditionally applied the ordinances. The opponents' new "interpretation" simply leaves many
LDC sections excepting out large Conservation Tracts and single family lots in limbo and would
render Staff's application to be erroneous in thousands of cases. It is your duty to construe
ordinances so that they harmonize and are in keeping with traditional applications.
Lastly, a contrary "interpretation" would amount to a taking of property and easements
from private property owners. It would violate the U.S. Constitution - 5th Amendment takings
law, 14th Amendment due process. In your interpretation of the Ordinances, please keep in mind
the cardinal rule of construction. If one interpretation runs afoul of the Constitution and the
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Susan Istenes, Director
Zoning & Land Development Review
February 29,2008
Page 15
second interpretation would render the ordinances lawful, you must defer to the interpretation
which renders the ordinances constitutional. Thus, you must favor an interpretation that will not
run afoul of the Griders' constitutional rights and those thousands of other citizens in a similar
situation.
OTHER ISSUES ON GRIDER RESIDENCE
We have also heard many other erroneous assertions concerning the Grider residence.
These falsehoods have nothing to do with the set back issue, which is the issue you have been
asked to address. If any of those false and defamatory rumors will have any bearing on your
decision, please let me know so that I can address them.
APPLICABILITY OF LDC SEC. lO.02.02.F
RESERVATION OF RIGHTS
Finally, we object to the official interpretation procedure found III LDC Section
10.02.02.F. This does not apply for several reasons.
(1) The LDC and Olde Cypress PUD are clear, unambiguous and need no
"interpretation." See generally Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d
1273, 1282 (Fla. 2000) (holding that it is only if statutory language is ambiguous that a
court must resort to rules of construction to detenrune legislative intent); Hollv v. Auld,
450 So. 2d 217,219 (Fla. 1984) (same); City of Coral Gables Enforcement Bd. v. Tier,
_ So. 2d _ (Fla. 3d DCA 2007) (plain language of an ordinance prevails). These
decisions apply here. There is no need for you to "interpret" clear and unambiguous code
provISIons.
(2) Sec. 1 0.02.02F does not apply to BCC initiation of the process. LDC Sec.
I 0.02.02F provides:
1. Initiation. An interpretation may be requested by
any affected person, resident, developer, land owner, government
agency or department, or any person having a contractual
interesting land in Collier County.
The BCC is not a "governmental agency or department" and is not "affected" by this situation. It
has no standing in this matter. The BCC is the legislative body ofthe County.
There has been enormous political involvement that has surrounded the complaints of
Mr. Grider's neighbors and the injection of Planning Commissioner Tor Kolflat and various
County Commissioners in these issues. There have been independent inquiries, investigation and
analysis done by the Commissioners, Mr. Kolflat and his counsel. Those who have so strongly
advocated in Ms. Showalter's favor insisted that Mr. Farese's report be "rejected." My clients
believe that the current process has all appearances of impropriety and has been tainted due to
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Susan Istenes, Director
Zoning & Land Development Review
February 29, 2008
Page 16
the political influences being exerted. They believe that there cannot be a fair and impartial
decision in the current process.
Our submittal of this response should not be construed as acquiescence in this procedure.
I have already noted our objections to Mr. Klatzkow, who overruled them. Accordingly, we
specifically preserve all such objections.
CONCLUSION
The County Staffs handling of 01de Cypress and hundreds of other PUD's was 100%
correct.
(1)
standards.
The specific PUD development standards control, not the more general LDC
(2) The County 25% native vegetation retention was a subset of or subsumed in the
larger Conservation Tract and other open space.
(3) The old LDC did not mandate County preservation easements on the plats.
(4) Olde Cypress has no County preservation easements, but only larger state and
federal Conservation Tracts, which are exempt from the 25 foot set backs.
(5) The LDC preservation easement set backs applied 9nly to smaller County dedicated
easements, not larger Conservation Tracts, which are governed by state and federal permits.
(6) The residential parcel in question (Tract 5) is already well more than 25 feet back
from the County 25% native vegetation. It would be nonsensical to require additional set backs
and none was required.
(7) The County is estopped to change this long standing interpretation and application
of the LDC. No mistakes were made, which is why there are hundreds, if not thousands, of
homeowners in this situation.
(8) Even if LDC preserve set backs apply, both Conservation Tracts and single family
lots are exempt under the LDC.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
BY&t~___
Margaret Cooper
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Susan Istenes, Director
Zoning & Land Development Review
February 29, 2008
Page 17
MLC:smm
cc: Joseph K. Schmitt (via e-mail and U.S. Mail)
Jeffrey A. Klatzkow, Esq., Chief Assistant County Attomey (yia e-mail and U.S. Mail)
Craig D. Rider (via e-mail and U.S. Mail)
P:IDOCS\2519010000 1 \L TR\12W0967. DOC
istenes re grider position on official interpretation revised
JONES
FOSTER
JOHNSTON
& STUBBS, PA
Attorneys and Counselors
7A
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
Mailing Address
Post Office Box 3475
West Palm Beach. Florida 33402-3475
Margaret L. Cooper, Esquire
Direct Dial: 561-650-0464
Direct Fax: 561-650-0422
E-Mail: mcooper@jones-foster.com
RECEIVED
MAR 2 5 2008
March 20, 2008
ZONING DEPARTMENT
Via Facsimile, E-Mail,and First Class U.S. Mail
Susan M. Istenes, AICP, Director
Zoning & Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Grider Residence - Olde Cypress
Our File No. 25190-1
Dear Ms. Istenes:
This is written to supplement my earlier letter to you concernmg the Request for Official
Interpretation on the, Griderresidence on two isslies. ,
First, I will address the issue of whether the specific PUD setback standards or the LDC setback
standards control.
This precise issue arose in 2003 in the context of the setbacks in Pelican Bay. In Official
Interpretation dated September 29,2003 to Michael J. Volpe, you stated:
[Y]ou asked if the provisions of Section 7.04.03 [setbacks and clustering] of the
Pelican Bay PUD and the provisions of Section 2.6.27 [setbacks and clustering] of
the Land Development Code are to be read together...It is my opinion that the
provisions of Section 7,04.03 of the Pelican Bay PUD and Section 2.6.27 of the
LDC were never intended to be applied together...
See also Official Interpretation dated November 24, 2003 to Frederick R. Hardt where the same
opinion was rendered. In 2003, an appeal was taken to the BCC of those Official Interpretations.
In response to Commissioner Henning, you clarified your reasoning at the BCC hearing:
COMMISSIONER HENNING: Okay. The PUD document, it's my
understanding - well, no, I'll let you tell me. Is it the governing document when
you review site plans, or is it the Land Development Code?
MS. MURRAY: It's - it's the PUD - in the case of what we're talking
about here, it's the PUD that's going to govern. And I'm talking about the
development regulations. Where the PUD is silent on things, then you would turn
to the Land Development Code. (p. 378)
1A
Susan Istenes, Director
Zoning & Land Development Review
March 19,2008
Page 2
This precise logic also applies to the aIde Cypress PUD. It is only when the PUD is silent on a
subject that you would tum to the LDC. Both in aIde Cypress and Pelican Bay, the PUD
document specifically addressed the setback standards. Therefore, you do not turn to the LDC to
modify that express PUD criteria as it relates to setbacks from Preserve Easements.
Next, I will address the exemption from the LDC Preservation Easement setbacks. Again, there
are no Preserve Easements in favor of Collier County in Olde Cypress. The first PUD applicable
to this area was the 1986 Woodlands PUD, Ordinance 86-75. The Master Plat of Olde Cypress
and the re-plat of the subject property were approved in April and July 1999 - both under the
auspices of the Woodlands PUD. (The aIde Cypress PUD ordinance was not passed until
December-1999.) The Woodlands PUD did not require Preservation Easements in favor of
Collier County. I do not have a copy of the 1986 zoning code and do not know what the
preservation requirements were at the time. By 1999, the County had adopted a GMP policy
(Policy 6.4.7) ofrequiring 25% native vegetation retention. At the time, the native vegetation
retention requirement (25%) was satisfied by and subsumed in the larger Conservation Tract
already in favor of SFWMD. This is specifically noted in aIde Cypress PUD. The County
deferred to the setback requirements and buffering in those permits in the aIde Cypress PUD
document. There was no code requirement of a Preservation Easement in fayor of Collier
County, or additional setbacks.
The County did not mandate Preservation Easement in its favor (on top of the Conservation
Tracts to SFWMD) until later - in current LDC Sec. 3.05.07 H.l.d, which was adopted either in
2002 or 2003 - after the platting of this subdivision.
When the County revamped the preservation standards in 2002 or 2003, there was an express
"carve out" for pre-existing PUD's. I address your attention to LDC Sec. 3.05.02 D.2, which
exempts previously approved developments from preservation requirements in Secs. 3.05.07 F-
3.05.09. (These includes the setback requirements for preserves in Sec. 3.07.07 H).
Section 3.05.02 D Preexisting Uses provides:
1. Such existing uses shall include: those for which all required permits were
issued prior to June 19, 2002; or projects for which a conditional use or a
rezone petition had been approyed by the County prior to June 19,
2002... The continuation of such uses shall include expansion of those uses
if such expansions are consistent with or clearly ancillary to the existing
use. (Emphasis supplied)
2. Such previously approyed development. . . may be built out in accordance
with their previously approved plans.
This section exempts pre-existing PUD's from the requirements of Sections 3.05.07 F through
3.05.09, including the preservation standards and the setback standards. Accordingly, the Olde
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Susan Istenes, Director
Zoning & Land Development Review
March 19,2008
Page 3
Cypress PUD is exempt from the mandatory preservation easement in favor of Collier County
and the preservation setback provisions from County Preservation Easements found in the more
recent LDC do not apply.
So, in this case, not only is there an exemption in the LDC for previously platted lots, there is
also an express exemption for previously approved PUD zoning districts.
I hope this helps you in your deliberations.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
By7/; ~~
Margaret . Cooper
MLC/lsm
cc: Jeffrey A. Klatzkow, Esq., Chief Assistant County Attorney (via e-mail and U.S. Mail)
Craig D. Grider (via e-mail and U.S. Mail)
P:IDOCS\25] 9010000] \L TR\] 2Y9224.DOC
istenes re roi supplement
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APPENDIX TO GRIDER APPEAL
OFFICIAL INTERPRET A nON
NO.2008-AR-12880
VOLUME 2
COMMISSION AND STAFF INVOLVEMENT
<-JONES
. FOSTER
JOHNSTON
& STUBBS, PA
Attorneys and Counselors
1A
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Margaret L. Cooper, Esquire
Direct Dial: 561-650-0464
Direct Fax: 561-650-0422
E-Mail: mcooper@jones-foster.com
April 15,2008
hhf4( Eit44t:.
Via Facsimile. E-Mail, and FirM C1655 U. ]{MJ
Susan M. Istenes, AICP, Director
Zoning & Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Re: Grider Residence - Olde Cypress
Our File No. 25190-1
Dear Ms. Istenes:
I am filing this request for reconsideration or, alternatively, an appeal on behalf of Craig D. Rider
and Amber C. Grider and all others similarly situated residents. I am advised that other residents
will join in this request and/or appeal. The appeal is of your Official Interpretation No. 2008-AR-
12880 initially dated March 17, 2007 (but mailed March 20, 2007), as supplemented by your
memo dated March 17, 2008, in response to a request initiated by the Board of County
Commissioners ("BCC"). Enclosed is our check for $1,500.00 to the Collier County Board of
County Commissioners.
I am still gathering information via public document requests to Collier County, which have taken
a period of time. Accordingly, I request an extension of time to submit documentation and
argument regarding the same. This will be coming within the next several weeks.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
By 1!4uo,~
MLC:smm
Enclosure I
cc: Joseph K. Schmitt (via e-mail and U.S. Mail)
Jeffrey A. Klatzkow, Esq., Chief Assistant County Attorney (via e-mail and U.S. Mail)
Craig D. Grider and Amber C. Grider (via e-mail and U.S. Mail)
P:IPOCS\25190\OOOOlILTR\13l78l8.DOC
istenes extension to submit documents re appeal
www.jones-foster.com
'1A 5(( 5q /1 .L.
COLLIER COUNTY GOVERNMENT
March 17, 2008
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive' Naples, Florida 34104
The Collier County Board of County Commissioners
Naples, FL 34108
RE: INTP-2008-AR-12880, the Collier County Board of Commissioners is requesting an
Official Interpretation to determine the legal preserve setback requirement with respect to
those properties which border preserves within OIde Cypress. The subject property is the
aide Cypress PUD, Section 21, Township 48, Range 26, Collier County, Florida.
Dear Board of County Commissioners:
You have asked me to render an official interpretation regarding the legal preserve setback
requirement with respect to any buildable lot or parcel subject to or abutting a
protected/preserve area as required by the Land Development Code (LDC), specifically for
those properties which border designated preserve lands within the aIde Cypress Planned
Unit Development (PUD) Ordinance No. 86-75 as amended (Ordinance Nos. 96-64;
99-27; 99-92; 00-37). Pursuant to the Collier County Land Development Code Chapter
10, subsection 1 0.02.02.F.1. you are authorized to request this interpretation. Specifically,
you ask to provide an official interpretation as to the following question:
What is the legal preserve setback requiremellt with reJpect to those properties which
border preserves within Olde Cypress?
You then ask that in preparing my response, to address or rebut the issues raised in the
attached letter dated December 12, 2007, by Margaret Cooper (see attached Exhibit 1).
Because the official interpretation request is not exclusive to the single property which is
the subject of Ms. Cooper's letter (Grider Residence) nor did Ms. Cooper ask for an official.
interpretation pursuant to Land Development Code (LDC) sections 1.06.00 and 10.02.00
in the required manner, it is my opinion that I am constrained from specifically evaluating
the contents of Ms. Cooper's letter as part of an official position with respect to her client's
property as part of this interpretation. However, upon review of her December 12th letter, I
am of the opinion that her points are addressed as a result this response to your request for
interpretation.
Based on the provisions of the Collier County Land Development Code (LDC) and the
aIde Cypress PUD, it is my opinion that the structures located on properties which are
adjacent to protected preserve areas in the aIde Cypress PUD are subject to the
development standards of the Land Development Code for preserve setbacks for a distance
of 25 feet for principle structures and 10 feet for accessory structures. A summary of my
opinion is set forth as follows which is then followedby detailed analysis:
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Phone (239) 403-2400
Fax (239) 643-6968 or (239) 213-2913
\V\V\v.colliergov.net
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1. Because the PUD does not provide for a specific preserve setback requirements nor
does it expressly waive the preserve setback requirement in the LDC, the preserve
setback standards as set forth in the LDC, apply. The PUD expressly states that
"Unless specifically waived through any variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for in this PUD are required to remain in full force and effect." A
preserve setback requirement was not expressly provided in the PUD as an
alternative to the LDC preserve requirement, therefore, it is my opinion that the
preserve setback requirements in the LDC shall apply to development in this
PUD.
2. The aIde Cypress PUD specifically states that the development standards
contained in the PUD are not the only development standards applicable to
development within the PUD and in fact are intended to work together with the
regulations contained in the LDC, where applicable, at the time of issuance of a
development order to which the specific standard pertains. The aIde Cypress
development contains a dedicated preserve/conservation area, therefore for
properties abutting or subject to the preserve, the preserve setback requirements of
the LDC are applicable to those properties within this project.
~
3. The aIde Cypress PUD specifically states that the PUD master plan is considered a
conceptual design and also notes that the actual or true development plan will be
established as a result of the preparation of the required plats and site plans in
accordance with the rules set forth in Divisions 3.3 and 3.2 of the LDC (Ordinance
No. 91-102). Division 3.2 of the LDC contains the regulations pursuant to the
design standards for the required improvements for subdivisions and in fact
contains the specific regulations for preserve setbacks for principal and accessory
structures. Therefore, it is clearly evident that the development standards in the
PUD were not intended to be the exclusive standards governing development
within the PUD and that it was intended that the PUD development standards work
in conjunction with the applicable development standards in the LDC. The project
contains protected preserve areas therefore the preserve setback requirements of the
LDC are applicable to development in this project.
4. The Collier County Land Development Code itself specifically requires all
development regulations and other applicable provisions of all County ordinances,
such as, but not limited to, all provisions of the Collier County Land Development
Code, as may be amended, shall apply unless specifically modified by the
approved PUD Document and PUD Master Plan. There is no specific
modification to the preserve setback requirements of the LDC set forth in the 0 Ide
Cypress PUD or the LDC. There are similarly situated PUD zoning districts which
modify the preserve setback requirements of the LDC within the PUD. As such,
the preserve setback requirements as set forth in the LDC are applicable to the aIde
Cypress PUD.
1A
The preserve setbacks are established by composition and by definition, in the Collier
County Land Development Code. In fact there are primarily three different types of
setback standards established by the LDC: principle structure setbacks, accessory structure
structures and preserve setbacks. The term "Preserve setbacks" is clearly defined within
Ordinance No. 91-102 as amended, which is the version of the LDC largely in affect at the
time of development order applications for the Olde Cypress PUD and is described below.
Preserve setback: The d.jference measured from the boundary Gf a conservation
easement or platted preserve tract in which no prinCIpal structure may be constructed
(See division 3.2).
First, to provide some background, in 2004, Ordinance No. 04-41 effectively
"reorganized" the entire LDC without changing its content (see Paragraph 5, Cor.flict and
Severability, of Ordinance No. 04-41, as amended provisions of the previously adopted
LDC shall apply in the event of a conflict). Therefore, although the definition for preserve
setbacks is not present in the current LDC (Ordinance No. 04-41, effective October 18,
2004), the text requiring the same preserve setbacks is still present and in force and in
effect (see 3.05.07.H.3.a and 10.02.04. B.1., Ordinance No. 04-41).
The setbacks for properties which abut designated preserve areas was established in the
1991 LDC. Preserve areas are required by the LDC to be shown conceptually on a PUD
Master Plan at the time of rezoning. After zoning approval, the legal descriptions and
boundaries of the preserve are more specifically identified on a preliminary subdivision plat
which is currently reviewed and approved administratively, howeyer was formerly
required to be approved by the Collier County Planning Commission. The final plat,
which follows approval of the preliminary plat, is approved by the Board of County
Commissioners and is then recorded before building permits are issued, prior to the
beginning of vertical construction. The preliminary subdivision plat for aIde Cypress, was
approved on March 4, 1999 (CCPC Resolution No. 99-14); specifically, the preliminary
subdivision plat approved Tract "A" as a conservation (preserve) tract as did the final plat
which also identified the specific legal description and boundaries of Tract "A". Tract "A"
included on the final plat for aIde Cypress was recorded on April 27, 1999.
Ordinance No. 91-102 (LDC), adopted on October 30, 1991, Division 3.2, subsection
3.2.8.4.7.(3) establishes the requirement for protected/preserve areas and easements and
the requirement for additional setback regulations applicable to those structures that abut
preserve areas and reads in part as follows:
Protected/Preserve Area and Easements. A non-exclusive easement or tract in
favor Gj Collier COUlllY, without any maintenance obligations, shall be provided
for all "protectedJpreserve" areas required to be designated on the preliminary
and final subdivision plats. Any buildable lot or parcel sulject to or abutting a
protectedJpreserve area required to be designated on the preliminary and jinal
subdivision plats shall have a minimum twenty-jive foot (25') setback from the
'11\
boundary cj such protectedJpreserve area in which no principal structure may be
constructed. Further, the preliminary andjinal subdivision plats shall require that
no alteration, including accessory structures . . .. shall be permitted within such
setback area without the prior written consent cj the Development Services
Director; provided, in no event shall these activities be permitted in such setback
areas within tenjeet (10'). . . .
This provision was originally found only within the subdivision standards (Division 3.2,
Subdivisions, Ordinance No. 91-102) but was later (2003) copied and moved to a separate
"preserve area standards" section of the LDC, specifically subsection 3.9.9.5.6.(4). as an
amendment to Ordinance No. 91-102, adopted on June 16,2003. This text relocation did
not alter the same preserve setback requirements of 25 feet and 10 feet adopted in 1991,
although it did modify the setback language to allow for some impacts such as placement
of fill within the first 10 feet of the preserve area. The amendment also added additional
dimensional standards to the preserve area and increased the amount of preserves that must
be created in relationship to the size of the parcel. Consequently the Board voted to adopt
language which did "exempt" certain development order applications which were
submitted and deemed sufficient prior to June 16,2003 from compliance with these new
regulations in Section 3.9.5.5.6. as they related to the additional standards for native
vegetation described above. Because this 2003 amendment did not modify the setback
requirement which as been in the LDC since 1991, the exemption language set forth in the
2003 amendment does not apply to the preserve setback requirements, which still apply to
aIde Cypress today.
It's important to note that the definition for "Preserve Setback" as cited above is contrary to
the text in section 3.2.8.4.7.(3) noted above, specifically because the definition limits the
applicability of a preserve setback to principal structures only, where section 3.2.8.4.7.(3)
sets forth preserve setback requirements to both principal and accessory structures. This
discrepancy is remedied through the application of Chapter 1, Section 1.03.01.D. of the
LDC which states that where any provision of these regulations, the GMP or any other law
or regulation in effect in Collier County, Florida, imposes greater restrictions upon the
subject matter than any other provision of these regulations . . .. then the provision
imposing the greater restriction or regulation shall be deemed to be controlling. For that
reason, despite the difference in the definition and the implementing regulations, which I
believe was simply an oversight; it is my opinion that preserve setback requirements are
applicable to both principal and accessory structures.
Pursuant to point number 1 above, the relevant succession of PUD ordinances goveming
the aIde Cypress development have continuously contained language which states that
"unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided for in this
PUD shall remain in full force and effect." (See section 3.04.E Ordinance No. 99-27;
section 3.04.E. Ordinance No. 2000-37). Section 3.04 of the Olde Cypress PUD
Ordinance (Ordinance No. 2000-37) reads in part as follows:
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. . . . .. . . . . unless opec.jically waived through any variance or waiver provisions jrom
any other applicable regulations, the provisions cj those regulations not otherwise
providedjor in this PUD remain injulljorce and Ejject.
The LDC has a specific requirement for preserve setbacks, as it also has specific
requirements for principal and accessory setbacks in each zoning district. The Olde
Cypress PUD development standards define the setback requirement only for principal and
accessory structures and the PUD zoning ordinance does not waive or reference the
additional setback requirement for structures abutting preserve areas as set forth in the
LDC. Absent a specific setback provision to the preserve areas, in accordance with the
requirements of the PUD and LDC, one must revert to the LDC setback standards to
preserve areas which, as stated above, are separate and distinct requirements from the
development setback standards for principal and accessory structures. Furthermore, there
are other PUD zoning districts that have been approved by the County which set forth
separate and distinct regulations for preserve setbacks.
Pursuant to point number 2 the PUD text recognizes that the PUD ordinance is not an
all-inclusive document when it comes to development regulations. See Section 3.04A
Ordinance Nos. 2000-37; 99-92; 99-27; 2.07- 96-64, aIde Cypress PUD which reads as
follows:
. . ..development shall abide by the regulations within this PUD and any applicable
LDC regulations (emphasis addea) appropriate to and in Eject at the time cj issuance cj
any development order to which said regulations relate which authorizes the construction
cj improvements.
The aIde Cypress PUD contains preserve areas. The LDC requires specific setbacks to
preserve areas. The aIde Cypress PUD fails to set forth its own specific set of regulations
for setbacks to preserve areas as countless other PUD ordinances approved in the County
haye. Therefore, absent distinct and specific regulations in the aIde Cypress PUD
ordinance, the PUD itself, as well as the LDC, requires the LDC standards for setbacks to
preserves to apply to development in the aIde Cypress PUD.
Pursuant to point number 3 above, Section 7.03 of the aIde Cypress PUD ordinance
(Ordinance Nos. 99-27 and 2000-37) states that the actual acreages shown on the PUD
master plan are based on conceptual design and are approximate. The PUD goes on to
state that actual acreages of all development tracts will be provided at the time of site
development plan or preliminary subdivision plat approyals which will be in accordance
with Division 3.3 and 3.2 respectively of the Collier County Land Development Code.
Division 3.2 of the LDC provides the requirement for setback to preserves as noted above.
The County has, since 1991, administratively reviewed preliminary and final subdivision
plats for compliance with the preserve setback requirements. Specifically, during the
review of preliminary and final subdivision plats, the County Environmental staff, as part
of its standard review checklist, regularly reviews each subdivision application for
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compliance with the preserve setbacks, either pursuant to the requirements of the LDC or
pursuant to the PUD if a different set of preserve setback standards is adopted in a PUD
ordinance. Furthermore, the aIde Cypress Preliminary Subdivision Plat (CCPC
Resolution No. 99-14) was specifically approved with an identified
conservation/preservation tract (Tract "A") and was subject to the following conditions:
J. Notwithstanding this Preliminary Subdivision Plat approval, conditions cj
development imposed by any prior development order, and all applicable
provisions cj the Collier Coullly Land Development Code remain in ijject. and
have s'Uperintending control over any subsequent development orders issued jor
the land covered by this PSP.
One can only conclude from reading these ordinances and development order approvals,
Divisions 3.2 and 3.3 of the LDC require development in the aIde Cypress PUD to be
compliant with the setbacks to preserves for the aIde Cypress PUD as does the conditions
of approval of the preliminary subdivision plat, as they are set forth in the LDC.
With respect to point number 4, Division 2.2 of Ordinance No. 91-102 was originally
adopted and then later amended for the PUD zoning district standards (therefore
applicable to aU PUDs), reads in part as foUows:
. . . . All development regulations and other applicable provisions cj all County
ordinances such as, but not limited to, all provisions cj the Collier County Land
Development Code, as may be amended, shall apply unless 5pecJically modJied by the
approved PUD Document and PUD Master Plan.
As previously noted, there is no specific modification to the preserve setback requirements
of the LDC set forth in the aIde Cypress PUD. Contrary to the Olde Cypress PUD, there
are similarly situated PUD zoning districts which do specifically modify the preserve
setback requirements of the LDC within the PUD ordinance. Because there is no specific
modification as required, the preserve setback requirements as set forth in the LDC are
applicable to the aIde Cypress PUD.
Based on my analysis of the aIde Cypress PUD and the Collier County Land
Development Code, it is my opinion that for properties abutting preserve areas, a preserve
setback of 10 feet for accessory stn,lctures and 25 feet for principal structures shall be in
effect and in this case, clearly applies to development within the aIde Cypress PUD.
Because development order applications related to the measurement of setbacks to
preserves are contained in two areas of the Land Development Code, the first in the
subdivision regulations and the second in the Preservation Standards Section (3.05.07;
Ordinance No. 04-41), review for consistency with the preserve setback requirements
would occur at either or both the preliminary subdivision plat phase of development and
the building permitting phase of development.
1A
There may be some question as to the applicability of the Native Preservation standards to
single family structures pursuant to Section 3.05.07 of Ordinance 04-41, specifically,
Section 3.05.07 Preservation Standards, subsection A.2. and H. Section 3.05.07. refers to
the requirements for preservation of native vegetation (as defined by the LDC) in terms of
amount and location (Subsections A-G) and the native vegetation preservation design
standards (identification, minimum dimensions, required planting criteria,) in SubsectionH.
The regulations in section H. may be a source of confusion. LDC Section 3.05.07. A.2.
states that single family residences are exempt from the requirements of section 3.05 .07.H.
However, the application of this subsection must be read in totality with all of the
regulations set forth in Section 3.05.07, Preservation Standards. The Native Preservation
standards themselves are clearly intended to apply to large projects comprised of multiple
residential tracts and lots or a combination of residential and commercial land uses (or other
types of mixed-used). Native preservation requirements (applicability and amount) are to
be met in accordance with the table 3.05.07. B.l. on page LDC3:28.2. Section
3.05.07.H.3.a is clearly a duplication of the same setback provisions that were found in the
subdivision requirements of the LDC since 1991 and still exist today. The significant
intent of establishing the native preservation section in 2003 was to assemble scattered
provisions in the Land Development Code dealing with preservation requirements. The
exemption for single family was clearly only intended to apply to the preserve
requirements, the conservation easement requirement and the preserve management plan
requirements as calculated on a project basis and was intended to show that no preserves
would existing within a single family lot, but not that the preserve setbacks did not apply to
the st:C1ctures on a single family lot. In conclusion, it is my opinion that the exemption for
single family residences as described in 3.05.07 H. is not intended to preclude a single
family structure (principal or accessory) from meeting the preservation setback
requirements.
In conclusion, the aide Cypress PUD failed to provide specific development standards for
setbacks from preserve areas as defined in the Collier County LDC. Where the PUD
either fails to provide specific development standards and/or fails to specifically deviate
from requirements in the LDC, the applicable provisions of the LDC are required to apply
as clearly stated they should in the PUD itself. Subsequent LDC amendments providing for
vegetation exemptions did not exempt the setback requirements to preserves. In this case,
development within the PUD is subject to the preserve setback standards as set forth in the
LDC at the time of preliminary subdivision plat approval and building permit application,
specifically 25 feet for principal structures and 10 feet for accessory structures.
Within 30 days of printing of the public notice, any adversely affected party may appeal
the interpretation to the Board of Zoning Appeals. An aggrieyed or adversely affected
party is defined as any person or group of persons, who will suffer an adverse effect to an
interest, protected or furthered by the Collier 'County Growth Management Plan or the
Land Development Code. A request for an appeal must be filed in writing, must state the
basis for the appeal, and include any pertinent information, exhibits, or other back-up
information in support of the appeal.
t'JA
The appeal must be accompanied by a payment of $1500.00 application and processing
fee. If payment is in the form of a check, it should be made payable to the Collier County
Board of County Commissioners. An appeal can be hand-delivered or mailed to my
attention at the address provided on this letterhead.
Sincerely,
~'1n.~
Susan M. Istenes, AICP
Director, Department of Zoning and Land Development Review
Cc: Collier County Planning Commission
Joseph K. Schmitt, Administrator, Comm. Development & Env.Services Div.
William D. Lorenz, PE, Director Engineering and Enviromnental Services
Jeff Klatzkow, Assistant County Attorney
Ray Bellows, Manager, Zoning Department
Ross Gochenaur, Manager, Zoning Department
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TONES
FOSTER
IOHJ:\ISTON
&.STUBBS, PA
Attorneys and CDIDIselDrs
An:gJerC~nterTo"'er. Suiu: 110C,
50S South Flaglel Drh'e
We'" Polm Beach. Florida 3;>,.1() 1
Telephone 1561 ) 659.3000
Mom,,~.J.ddJ~\{
Po~ Office SO~ 3.nS
Wesr P.~lm Beoch. F1l1IiJi11~U~..t..I.7=,
Margaret L. Cooper, Esquire
Direct Dial: 561-650-0464
Direct Fax: 561-650-0422
E-Mail: mcooper@jones-foster.com
December 12, 2007
Mr. Patrick Baldwin, Investigator
Collier County Code Enforcement
2800 North Horseshoe Drive
Naples, FL 34104
Re: Grider Residence - Olde Cypress
Code Citation Case No.: 2007101120
Dear Mr. Baldwin:
Our office represents Craig and Amber Grider with regard to the above-referenced Code
Citation.
The Citation descnl>es two conditions which allegedly are code violations. These are as follows:
(I) "principal stmcture at 2949 Lone Pine Ln., Naples, FL . . .
encroaching 14.3':l: into the required 25' preserve boundry setback."
(2) "pool. . . encroaching 4.7':l: into the preserve boundry setback."
The CitatiDn requires the Griders to obtain a variance fDr the alleged setback encroachments Dr,
in the alternative, to demolish their newly constructed home. In support of the assertiDn that the
approved structures are encroaching on required setbacks, you have cited LDC S 3,05.07H(3)
and S IO.02.04B(l).
There are twD independent reasons why LDC S 3.05.07H(3) and S 1O.02.04B(1) do not apply.
First, the PUD development standards "trump" to we provisions. Second, the LDC exempts
single family residences from S 3.05.07H(3) setback standards and S 10.02.04 applies
specifically tD platting, not single family development post platting.
POO Development Standards
Mr. Grider initially responded to the Citation by letter pointing out that Section 9.11.0 of the
PUD Zoning DDcument (EnvirDnmental Stipulations) provides that all "development shall be
pursuant to the existing South Florida Water Management District Permit No. 11-01232S". In
E)(h', 6i+ .:l
'JlTU)tD.jon,s-fasfu.com
..-------.....--
f-JA
Mr. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 2
addition, Section 9.1 I.E. of the PUD provides that all ''buffer zones adjacent to preserve areas
shall be pursuant to South Florida Water Management District Permit No. 11-01232S".
In further support of Mr. Grider's argument, please refer to LDC ~ IO.02.l3C Effect of Planned
Unit Development Zoning_ This provides, in essence, that a PUD is considered an amendment to
the zoning code and development shall proceed in accord with the PUD rather than the zoning
code:
10.02.13 Effect of PUmlled Ullft Development Zoning. 'If approved
by the county board of commissioners, the master plan for
development, the PUD document and all other infonnmon and
materials fonnally submitted with the petition shall be considered
and adopted as an amendment to the zoninlt code and shall become
the standards for development for the subject PUD. Thenceforth.
the development in the area delineated as the PUD district on the
official zoninl! atlas sball proceed onlv in accordance with the
adopted development relro!ations and the PUD master plan for said
PUD district. . . (Emphasis added)
The earlier LDC provision in effect when OJde Cypress PUD was approved is similar and
provides :
1.2.10.2.1 Relation of planned unit tlevelopment regulation!; to
tile grOWllI management plall, tOllillg, subdivisloll, or other
applicable regulations. All applications for PUDs shall be in full
compliance with the future land use element and the goals,
obj ectives, and policies of all elements of the growth management
plan. All development rel!U!ations and other applicable provisions
of all county ordinances such as. but not limited to, all provisions
of the Collier County land development code. as maybe amended,
shall al>plv unless SIlccifically modified bv the atltlroved PUD
document and PUD master plan. (Emphasis added)
aIde Cypress is a duly adopted PUD. Because there is specific reference to preserve areas and
buffer zones and specific standards were adopted, those PUD standards "trump" any general
standards found elsewhere in the LDC.
Exemption in LDC
Morc importantly, it appears that your office may have overlooked specific standards applicable
to a single family residence. Single family residences are clearly exempt from the 25 foot
setback found in!i 3.05.07H(3). See the following provisions:
1A
Mr. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 3
3.05.07 Preservation Standards
All development !:!Q1 soecificallv exempted by this ordinance shall
incorporate, at a minimum, the preservation standards contained
within this section.
. . .
A. General standards and criteria.
...
2. Areas that fulfill the native vegetation
retention standards and criteria of this Section
shall be set aside as preserve areas, subject to
the requirements of section 3.0S.0m. Sinl!le
familv residences are exempt from the
reauirement of section 3.0S.0m.
00.
H. Preserve standards.
...
3. Required setbacks to preserves.
a. All principal structures. . . 25- foot . . .
accessory strUctures. . . 10-foot.
4. Exemptions.
a. Sinl!le familv residences are subiect
onlv to the lID1llicable vel!etation
retention standards found in 3.05.07.
As you can see, the exemption for single family residences from setbacks is so clear it is spelled
out twice in LDe ~ 3.05.07. The 25-foot and the 10-foot sethack requirements are only applicable
to uses with greater impact, such as commercial, multifamily, industrial, etc.
Next, ~ 10.02.04 deals with platting requirements and is not intended to guide single family
residential development post platting. Because this is addresses specifically by ~ 3.05.07 as an
exemption, this specUic provision must prevail.
1A
Mr. patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 4
This application is in accord with the mandates of the Florida Supreme Court that zoning
regulations must be interpreted in favor of the property owner and toward unrestricted use of one's
property. Ail held by our Supreme Court consistently since 1973, "[zJoning regulations are in
derogation of private property rights of ownership. . . and should be interpreted in favor of the
property owner." Rinker MaJerials Corp. v. City of North Miami, 286 So. 2d 552, 554 (Fla.1973)
(holding that where an ordinance permitted contractor's plant in industrial zone, owner bad
absolute right to construct concrete batching plant); Hoffinan v. Brevard County Bd. of Com 'rs,
390 So. 2d 445 (Fla. 5th DCA 1980) (holding that "zoning regulations are in derogation of private
ownership and should be interpreted in favor of the property owner"); Halifax Area Council on
Alcoholism v. City of Daytona Beach, 385 So. 2d 184 (F1a. 5th DCA 1980) (Holding that land use
laws should be constnled in favor of property owners); City of Miami v. 100 Lincoln Road, IIlC.,
214 So. 2d 39 (Fla. 3d DCA 1968) (holding that land use ordinances are subject to strict
construction in favor of a property owner for the unrestricted use of his property); Colonial
Apartments, L.P. V. City of Deland, 577 So. 2d 593 (Fla. 5th DCA 1991) (held where a city's
interpretation of its zoning and architectural guideline ordinances were adverse to the
interpretation of the land owner seeking to develop the property, "any doubts should be construed
in favor of the property owner").
Others Similarly Situated
I am informed by Mr. Grider that there are 17 single family residences that have been approved
and constnlcted in Olde Cypress in accordance with the same application. I am also informed that
there are other PUDs and subdivisions throughout Collier County that are in the same situation.
There may be hundreds or more of homeowners who are similarly situated.
Before proceeding to code enforcement, we would request that Collier County research this to
determine how many other homeowners are similarly situated.
Lawrence Farese Report
The Board of County Commissioners has recently requested a special investigation of this matter.
Lawrence Farese was appointed by the County to conduct a review, which was completed on
December 7, 2007, a copy enclosed. On page 22, Mr. Farese likewise concluded that:
It is our opinion that the preserve setbacks of Section 3.05.07 do
not apply due to the express exemption for single family residences
contained therein and a strong argument that preserve setbacks
contained in Section IO.02.04.B.I apply ouly to platting
requirements.
'IA
V.I!. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 5
Based. on that premise, the permits were property issued. with
setbacks measured against the provisions of the Oide Cypress
PUD. (Emphasis added)
Conclusion
We believe that the LDC is CI)'stal clear that there is an exemption of single family homes from
the 25-foot and 100foot setbacks. Accordingly, we do not believe that it is necesSllI)' to obtain a
variance. We would appreciate your reviewing these code sections with Mr. Schmitt prior to
fi.1rther code enforcement proceedings.
Thank you for your attention to this matter.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, PA
B1It~i!~'
MLC:smm
Enclosure: Mr. Farese's review dated 12/7/07
cc: Michelle Arnold, Director, Code Enforcement
Joseph Schmitt, Administrator, Community Development & Environmental Services
Craig D. Grider and Amber C. Grider
P:\DOCSINfi\V\MLCIL TRI12J<956S DOC
GRIDER. bIl1l!\vin re alleged co6e viol.tion
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1A
COLLIER COUNTY GOVERNMENT
March 17, 2008
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive' Naples, Florida 34104
The Collier County Board of County Commissioners
Naples, FL 34108
RE: INTP-2008-AR-12880, the Collier County Board of Commissioners is requesting an
Official Interpretation to determine the legal preserve setback requirement with respect to
those properties which border preserves within Olde Cypress. The subject property is the
Olde Cypress PUD, Section 21, Township 48, Range 26, Collier County, Florida.
Dear Board of County Commissioners:
You have asked me to render an official interpretation regarding the legal preserve setback
requirement with respect to any buildable lot or parcel subject to or abutting a
protected/preserve area as required by the Land Development Code (LDC), specifically for
those properties which border designated preserve lands within the aIde Cypress Planned
Unit Development (PUD) Ordinance No. 86-75 as amended (Ordinance Nos. 96-64;
99-27; 99-92; 00-37). Pursuant to the Collier County Land Development Code Chapter
10, subsection 1 0.02.02.F.1. you are authorized to request this interpretation. Specifically,
you ask to provide an official interpretation as to the following question:
What is the legal preserve setback requiremellt with rejpect to those properties which
border preserves within Olde Cypress?
You then ask that in preparing my response, to address or rebut the issues raised in the
attached letter dated December 12, 2007, by Margaret Cooper (see attached Exhibit 1).
Because the official interpretation request is not exclusive to the single property which is
the subject of Ms. Cooper's letter (Grider Residence) nor did Ms. Cooper ask for an official
interpretation pursuant to Land Development Code (LDC) sections 1.06.00 and 10.02.00
in the required manner, it is my opinion that I am constrained from specifically evaluating
the contents of Ms. Cooper's letter as part of an official position with respect to her client's
property as part of this interpretation. However, upon review of her December 12th letter, I
am of the opinion that her points are addressed as a result this response to your request for
interpretation.
Based on the provisions of the Collier County Land Development Code (LDC) and the
aIde Cypress PUD, it is my opinion that the structures located on properties which are
adjacent to protected preserve areas in the aIde Cypress PUD are subject to the
development standards of the Land Development Code for preserve setbacks for a distance
of 25 feet for principle structures and 10 feet for accessory structures. A SUITunary of my
opinion is set forth as follows which is then followedby detailed analysis:
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Phone (239) 403-2400
Pax (239) 643-6968 or (239) 213-2913
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1A
1. Because the PUD does not provide for a specific preserve setback requirements nor
does it expressly waive the preserve setback requirement in the LDC, the preserve
setback standards as set forth in the LDC, apply. The PUD expressly states that
"Unless specifically waived through any variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for in this PUD are required to remain in full force and effect." A
preserve setback requirement was not expressly provided in the PUD as an
alternative to the LDC preserve requirement, therefore, it is my opinion that the
preserve setback requirements in the LDC shall apply to development in this
PUD.
2. The Olde Cypress PUD specifically states that the development standards
contained in the PUD are not the only development standards applicable to
development within the PUD and in fact are intended to work together with the
regulations contained in the LDC, where applicable, at the time of issuance of a
development order to which the specific standard pertains. The Olde Cypress
development contains a dedicated preserve/conservation area, therefore for
properties abutting or subject to the preserve, the preserve setback requirements of
the LDC are applicable to those properties within this project.
3. The Olde Cypress PUD specifically states that the PUD master plan is considered a
conceptual design and also notes that the actual or true development plan will be
established as a result of the preparation of the required plats and site plans in
accordance with the rules set forth in Divisions 3.3 and 3.2 of the LDC (Ordinance
No. 91-102). Division 3.2 of the LDC contains the regulations pursuant to the
design standards for the required improvements for subdivisions and in fact
contains the specific regulations for preserve setbacks for principal and accessory
structures. Therefore, it is clearly evident that the development standards in the
PUD were not intended to be the exclusive standards governing development
within the PUD and that it was intended that the PUD development standards work
in conjunction with the applicable development standards in the LDc. The project
contains protected preserve areas therefore the preserve setback requirements of the
LDC are applicable to development in this project.
4. The Collier County Land Development Code itself specifically requires all
development regulations and other applicable provisions of all County ordinances,
such as, but not limited to, all provisions of the Collier County Land Development
Code, as may be amended, shall apply unless specifically modified by the
approved PUD Document and PUD Master Plan. There is no specific
modification to the preserve setback requirements of the LDC set forth in the aIde
Cypress PUD or the LDC. There are similarly situated PUD zoning districts which
modify the preserve setback requirements of the LDC within the PUD. As such,
the preserve setback requirements as set forth in the LDC are applicable to the Olde
Cypress PUD.
1A
The preserve setbacks are established by composition and by definition, in the Collier
County Land Development Code. In fact there are primarily three different types of
setback standards established by the LDC: principle structure setbacks, accessory structure
structures and preserve setbacks. The term "Preserve setbacks" is clearly defined within
Ordinance No. 91-102 as amended, which is the version of the LDC largely in affect at the
time of development order applications for the aIde Cypress PUD and is described below.
Preserve setback: The d,)jerence measured jrom the bounda,y Gj a conservation
easement or platted preserve tract in which no prinCipal structure may be constructed
(See division 3.2).
First, to provide some background, in 2004, Ordinance No. 04-41 effectively
"reorganized" the entire LDC without changing its content (see Paragraph 5, CorJlict and
Severability, of Ordinance No. 04-41, as amended provisions of the previously adopted
LDC shall apply in the event of a conflict). Therefore, although the definition for preserve
setbacks is not present in the current LDC (Ordinance No. 04-41, effective October 18,
2004), the text requiring the same preserve setbacks is still present and in force and in
effect (see 3.05.07.H.3.a and 10.02.04. B.1., Ordinance No. 04-41).
The setbacks for properties which abut designated preserve areas was established in the
1991 LDC. Preserve areas are required by the LDC to be shown conceptually on a PUD
Master Plan at the time of rezoning. After zoning approval, the legal descriptions and
boundaries of the preserve are more specifically identified on a preliminary subdivision plat
which is currently reviewed and approved administratively, however was formerly
required to be approved by the Collier County Planning Commission. The final plat,
which follows approval of the preliminary plat, is approved by the Board of County
Commissioners and is then recorded before building permits are issued, prior to the
beginning of vertical construction. The preliminary subdivision plat for aIde Cypress, was
approved on March 4, 1999 (CCPC Resolution No. 99-14); specifically, the preliminary
subdivision plat approved Tract "A" as a conservation (preserve) tract as did the final plat
which also identified the specific legal description and boundaries of Tract "A". Tract "A"
included on the final plat for aIde Cypress was recorded on April 27, 1999.
Ordinance No. 91-102 (LDC), adopted on October 30, 1991, Division 3.2, subsection
3.2.8.4.7.(3) establishes the requirement for protected/preserve areas and easements and
the requirement for additional setback regulations applicable to those structures that abut
preserve areas and reads in part as follows:
Protected/Preserve Area and Easements. A non-exclusive easement or tract in
Javor Gj Collier Coullly, without any maintenance obligations, shall be provided
jor all "protectedJpreserve" areas required to be designated on the preliminary
and jinal subdivision plats. Any buildable lot or parcel sulject to or abutting a
protected/preserve area required to be designated on the preliminary and jinal
subdivision plats shall have a minimum hvelllyjive joot (25') setback jrom the
lA
boundary cj such protected! preserve area in which no principal structure may be
constructed. Further, the preliminary and jinal subdivision plats shall require that
no alteration, including accessory structures . . .. shall be permitted within such
setback area without the prior written consent cj the Development Services
Director; provided, in no event shall these activities be permitted in such setback
areas within tenjeet (10') . . . .
This provision was originally found only within the subdivision standards (Division 3.2,
Subdivisions, Ordinance No. 91-102) but was later (2003) copied and moved to a separate
"preserve area standards" section of the LDC, specifically subsection 3.9.9.5.6.(4). as an
amendment to Ordinance No. 91-102, adopted on June 16,2003. 'This text relocation did
not alter the same preserve setback requirements of 25 feet and 10 feet adopted in 1991,
although it did modify the setback language to allow for some impacts such as placement
of fill within the first 10 feet of the preserve area. The amendment also added additional
dimensional standards to the preserve area and increased the amount of preserves that must
be created in relationship to the size of the parcel. Consequently the Board voted to adopt
language which did "exempt" certain development order applications which were
submitted and deemed sufficient prior to June 16,2003 from compliance with these new
regulations in Section 3.9.5.5.6. as they related to the additional standards for native
vegetation described above. Because this 2003 amendment did not modify the setback
requirement which as been in the LDC since 1991, the exemption language set forth in the
2003 amendment does not apply to the preserve setback requirements, which still apply to
Olde Cypress today.
It's important to note that the definition for "Preserve Setback" as cited above is contrary to
the text in section 3.2.8.4.7.(3) noted above, specifically because the definition limits the
applicability of a preserve setback to principal structures only, where section 3.2.8.4.7.(3)
sets forth preserve setback requirements to both principal and accessory structures. This
discrepancy is remedied through the application of Chapter 1, Section 1.03.01.D. of the
LDC which states that where any provision of these regulations, the GMP or any other law
or regulation in effect in Collier County, Florida, imposes greater restrictions upon the
subject matter than any other provision of these regulations . . .. then the provision
imposing the greater restriction or regulation shall be deemed to be controlling. For that
reason, despite the difference in the definition and the implementing regulations, which I
believe was simply an oversight; it is my opinion that preserve setback requirements are
applicable to both principal and accessory structures.
Pursuant to point number 1 above, the relevant succession of PUD ordinances governing
the aIde Cypress development have continuously contained language which states that
"unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided for in this
PUD shall remain in full force and effect." (See section 3.04.E Ordinance No. 99-27;
section 3.04.E. Ordinance No. 2000-37). Section 3.04 of the Olde Cypress PUD
Ordinance (Ordinance No. 2000-37) reads in part as follows:
'11\
. . . . .. .... unless spec;jically waived through any variance or waiver provisionsjrom
any other applicable regulations, the provisions cj those regulations not otherwise
providedjor in this PUD remain injulljorce and Ejject.
The LDC has a specific requirement for preserve setbacks, as it also has specific
requirements for principal and accessory setbacks in each zoning district. The aIde
Cypress PUD development standards define the setback requirement only for principal and
accessory structures and the PUD zoning ordinance does not waive or reference the
additional setback requirement for structures abutting preserve areas as set forth in the
LDC. Absent a specific setback provision to the preserve areas, in accordance with the
requirements of the PUD and LDC, one must revert to the LDC setback standards to
preserve areas which, as stated above, are separate and distinct requirements from the
development setback standards for principal and accessory structures. Furthermore, there
are other PUD zoning districts that have been approved by the County which set forth
separate and distinct regulations for preserve setbacks.
Pursuant to point number 2 the PUD text recognizes that the PUD ordinance is not an
all-inclusive document when it comes to development regulations. See Section 3.04A
Ordinance Nos. 2000-37; 99-92; 99-27; 2.07- 96-64, Olde Cypress PUD which reads as
follows:
. . ..development shall abide by the regulations within this PUD and any applicable
LDC regulations (emphasis adden) appropriate to and in Ejject at the time cj issuance c}
any development order to which said regulations relate which authorizes the construction
c} improvements.
The aide Cypress PUD contains preserve areas. The LDC requires specific setbacks to
preserve areas. The aIde Cypress PUD fails to set forth its own specific set of regulations
for setbacks to preserve areas as countless other PUD ordinances approved in the County
have. Therefore, absent distinct and specific regulations in the aide Cypress PUD
ordinance, the PUD itself, as well as the LDC, requires the LDC standards for setbacks to
preserves to apply to development in the Olde Cypress PUD.
Pursuant to point number 3 above, Section 7.03 of the aIde Cypress PUD ordinance
(Ordinance Nos. 99-27 and 2000-37) states that the actual acreages shown on the PUD
master plan are based on conceptual design and are approximate. The PUD goes on to
state that actual acreages of all deyelopment tracts will be provided at the time of site
development plan or preliminary subdivision plat approvals which will be in accordance
with Division 3.3 and 3.2 respectively of the Collier County Land Development Code.
Division 3.2 of the LDC provides the requirement for setback to preserves as noted above.
The County has, since 1991, administratively reviewed preliminary and final subdivision
plats for compliance with the preserve setback requirements. Specifically, during the
review of preliminary and final subdivision plats, the County Enviromnental staff, as part
of its standard review checklist, regularly reviews each subdivision application for
1A
compliance with the preserve setbacks, either pursuant to the requirements of the LDC or
pursuant to the PUD if a different set of preserve setback standards is adopted in a PUD
ordinance. Furthermore, the Olde Cypress Preliminary Subdivision Plat (CCPC
Resolution No. 99-14) was specifically approved with an identified
conservation/preservation tract (Tract "A") and was subject to the following conditions:
I. Notwithstanding this Preliminary Subdivision Plat approval, conditions cj
development imposed by any prior development order, and all applicable
provisions cj the Collier Coullly Land Development Code remain in fjject, and
have s~perintending control over any subsequent development orders issued jor
the land covered by this PSP.
One can only conclude from reading these ordinances and development order approvals,
Divisions 3.2 and 3.3 of the LDC require development in the aIde Cypress PUD to be
compliant with the setbacks to preserves for the aIde Cypress PUD as does the conditions
of approval of the preliminary subdivision plat, as they are set forth in the LDC.
With respect to point number 4, Division 2.2 of Ordinance No. 91-102 was originally
adopted and then later amended for the PUD zoning district standards (therefore
applicable to all PUDs), reads in part as follows:
. . . . All development regulations and other applicable provisions cj all Counly
ordinances such as, but not limited to, all provisions cj the Collier County Land
Development Code, as may be amended, shall apply unless ;pecifically mod;jied by the
approved PUD Document and PUD Master Plan.
As previously noted, there is no specific modification to the preserve setback requirements
of the LDC set forth in the aIde Cypress PUD. Contrary to the aIde Cypress PUD, there
are similarly situated PUD zoning districts which do specifically modify the preserve
setback requirements of the LDC within the PUD ordinance. Because there is no specific
modification as required, the preserve setback requirements as set forth in the LDC are
applicable to the aIde Cypress PUD.
Based on my analysis of the Olde Cypress PUD and the Collier County Land
Development Code, it is my opinion that for properties abutting preserve areas, a preserve
setback of 10 feet for accessory strl)ctures and 25 feet for principal structures shall be in
effect and in this case, clearly applies to development within the Olde Cypress PUD.
Because development order applications related to the measurement of setbacks to
preserves are contained in two areas of the Land Development Code, the first in the
subdivision regulations and the second in the Preservation Standards Section (3.05.07;
Ordinance No. 04-41), review for consistency with the preserve setback requirements
would occur at either or both the preliminary subdivision plat phase of development and
the building permitting phase of development.
'lA
There may be some question as to the applicability of the Native Preservation standards to
single family structures pursuant to Section 3.05.07 of Ordinance 04-41, specifically,
Section 3.05.07 Preservation Standards, subsection A.2. and H. Section 3.05.07. refers to
the requirements for preservation of native vegetation (as defined by the LDC) in terms of
amount and location (Subsections A-G) and the native vegetation preservation design
standards (identification, minimum dimensions, required planting criteria,) in Subsection H.
The regulations in section H. may be a source of confusion. LDC Section 3.05.07. A.2.
states that single family residences are exempt from the requirements of section 3.05.07.H.
However, the application of this subsection must be read in totality with all of the
regulations set forth in Section 3.05.07, Preservation Standards. The Native Preservation
standards themselves are clearly intended to apply to large projects comprised of multiple
residential tracts and lots or a combination of residential and commercial land uses (or other
types of mixed-used). Native preservation requirements (applicability and amount) are to
be met in accordance with the table 3.05.07. B.1. on page LDC3:28.2. Section
3.05.07.H.3.a is clearly a duplication ofthe same setback provisions that were found in the
subdivision requirements of the LDC since 1991 and still exist today. The significant
intent of establishing the native preservation section in 2003 was to assemble scattered
provisions in the Land Development Code dealing with preservation requirements. The
exemption for single family was clearly only intended to apply to the preserve
requirements, the conservation easement requirement and the preserve management plan
requirements as calculated on a project basis and was intended to show that no preserves
would existing within a single family lot, but not that the preserve setbacks did not apply to
the structures on a single family lot. In conclusion, it is my opinion that the exemption for
single family residences as described in 3.05.07 H. is not intended to preclude a single
family structure (principal or accessory) from meeting the preservation setback
requirements.
In conclusion, the aide Cypress PUD failed to provide specific development standards for
setbacks from preserve areas as defined in the Collier County LDC. Where the PUD
either fails to provide specific development standards and/or fails to specifically deviate
from requirements in the LDC, the applicable provisions of the LDC are required to apply
as clearly stated they should in the PUD itself. Subsequent LDC amendments providing for
vegetation exemptions did not exempt the setback requirements to preserves. In this case,
development within the PUD is subject to the preserve setback standards as set forth in the
LDC at the time of preliminary subdivision plat approval and building permit application,
specifically 25 feet for principal structures and 10 feet for accessory structures.
Within 30 days of printing of the public notice, any adversely affected party may appeal
the interpretation to the Board of Zoning Appeals. An aggrieved or adversely affected
party is defined as any person or group of persons, who will suffer an adverse effect to an
interest, protected or furthered by the Collier 'County Growth Management Plan or the
Land Development Code. A request for an appeal must be filed in writing, must state the
basis for the appeal, and include any pertinent information, exhibits, or other back-up
information in support of the appeal.
1A
The appeal must be accompanied by a payment of $1500.00 application and processing
fee. If payment is in the form of a check, it should be made payable to the Collier County
Board of County Commissioners. An appeal can be hand-delivered or mailed to my
attention at the address provided on this letterhead.
Sincerely,
~'m.~
Susan M. Istenes, AICP
Director, Department of Zoning and Land Development Review
Cc: Collier County Planning Commission
Joseph K. Schmitt, Administrator, Comm. Development & Env.Services Div.
William D. Lorenz, PE, Director Engineering and Enviromnental Services
Jeff Klatzkow, Assistant County Attorney
Ray Bellows, Manager, Zoning Department
Ross Gochenaur, Manager, Zoning Department
1A
Memorandum
Through:
Joseph K. Schmitt, Administrator, CDES
To:
Board of County Commissioners
From:
Susan M. Istenes, AICP, Director
Department of Zoning and Land Develop
Date:
March 17, 2008
Subject:
Supplemental information related to the aIde Cypress PUD Official
Interpretation AR No. 12880
Notwithstanding my official interpretation regarding the applicability of the LDC
required preserve setbacks to the aide Cypress PUD, it is known that there are structures
within this PUD and others which received building permit approval at setbacks less than
25 feet for principal structures and 10 feet for accessory structures despite these preserve
setback requirements for properties adjacent to preserve areas. I believe that the setbacks
to preserves, although required, were not uniformly applied by the developer when
sighting individual single family homes on lots adjacent to preserves and subsequently
not uniformly applied during the building permit application review for these affected
properties.
.--/
1 also believe that my opinion as the Zoning Director today, may not have been uniformly
shared by the number of former (since 1991) Planning Directors or Managers, despite the
fact that many PUDs approved from the early 1990's clearly established separate and
distinct requirements for preserve setbacks within the adopted PUD ordinances; and
where a PUD failed to specify the preserve setback, would have been then subject to the
LDC requirements for preserve setbacks. In all likelihood, during the 1990's and early
2000' s the development standards for primary and accessory structures, as they were
adopted in a PUD (if absent specific reference to preserve setbacks), were the setbacks
that were applied to all structures on all properties, in spite of the fact that some were
abutting preserves and required the preserve setbacks. 1 believe this occurred even though
County records clearly indicate that the staff review for preserve setback requirements
was being continuously and consistently conducted at the time of preliminary subdivision
plat and final plat for every project with designated preserve/conservation areas (plat
reviews occur before building permit application reviews but after zoning approvals).
1
I~
Furthermore, because the aIde Cypress PUD did not expressly set forth a separate set of
requirements for preserve setback standards, it is my belief that the preliminary
subdivision plat approvals were not further evaluated by both the developer during
building design and the staff during permit review, thus the requirements for preserve
setbacks, under which the plats were approved, were not taken into further consideration.
The breakdown appears to have occurred at the final plat phase of a project, as was
previously discussed with the Board of County Commissioners.
Setback lines are not customarily shown, nor are they required to be shown, on the final
plat. Any and all easements such as drainage easements and utility easements that
restrict development, are required to be displayed on the legally recorded final plat. The
recording and noting of conservation easements on final plats for dedicated preserves is a
relatively new requirement (since 2003). As such, individual site plans for homes on
single family lots laid out by the professional land surveyor do not normally show
setback restrictions from the preserve and it is apparent that the architect-engineer who
designed and laid out the home on the site failed to refer to the LDC for any land use
restrictions, and most likely applied only the setback criteria and development standards
as defined in the respective PUD. The plans were then subsequently submitted as part of
the permit plan set for review by the Building Department. In all likelihood permitting
staff relied only on the information noted on the final plat and the PUD setback
requirements expressly as they were written in the PUD. Unless specific preserve
setback requirements were set forth in the PUD, both the deyeloper and staff apparently
then failed to consider the additional requirements for preserve setbacks as described in
the LDC and the preserve areas as approved on the preliminary and final subdivision
plats, for those properties abutting preserves. Similarly, as in the aIde Cypress case, if the
legally recorded final plat did not note the location of the preserves, both the developer
and the reviewing staff failed to apply the preserve setback standard. It is important to
note that permits for single family homes are not routed through the Zoning, Engineering
and Enviromnental Departments for zoning related reviews.
It is my opinion that approval of these permits without the required preserve setbacks is
both in violation of the Land Development Code requirements and is contrary to the
development approvals for preliminary subdivision plats and final plats where platted lots
abutted designated preserve areas. The difficulty in carrying that zoning and subdivision
review approval forward for preserve setbacks may be explained by the fact that the Final
Plats are largely approved in accordance with Florida State Law, and the requirements for
preserve setbacks is a local ordinance, thus the preserve setback requirement approved at
the platting stage of development approval was not memorialized on the Final Plat as
adopted by the Board of County Commissioners.
2
VOLUME II
(Commission and Staff Involvement)
Tab Document
11. Tor Kolflat letter, re: meetings with staff
12. BCC Calendars - meetings with Kolflat and Kolflat
attorney
13.
Houldsworth memo, re: 29 other PUD "violations"
14.
County Attorney memo, re: (a) no memos or training on
Istenes new interpretation, (b) no other lots turned down in
aide Cypress for violations
15.
Herbst e-mail toHenning.re: SFWMD buffering
16.
County Attorney Memo to Henning, re: response to aide
Cypress Request
17.
County Attorney e-mails to Henning re: Mark Strain's
interpretation
18.
Ron Nino e-mail confirming standards
19. Miscellaneous e-mails.re: variances required for aIde
Cypress
20. Henning e-mails on Grider lot and Henning e-mails on
Grider lot from home
21. Omitted
22. Clay Brooker e-mail.re: legislative history
1A
Date
1/9/07
1/2/08
4/14/08
11/26/07
12/18/07
12/21/07
2/28/07
.
1A
Page I of2
l
Munoz, Silvia
Jm:
Sent:
To:
ResnickLisa [LisaResnick@colliergov.net]
Thursday, January 10, 200810:34 AM
collLm
Cc: filson_s; Has~ngsKendra; LeaSandra; SpringsPaula; tuckersam; weigel_d; KlatzkowJeff; TeachScott;
TorreJohn
Subject: More Public Records RE: PRR . Olde Cypress Subdivision
Attachments: kolfiat olde cypress correspondence received 1 9 OS.pdf
Marian,
The attached correspondence from Tor Kolflat was sent to all Commissioners and received yesterday, 1/9/08. It is
regarding aIde Cypress. I will hand-deliver shortly.
Thank you.
Sincerely,
Lisa Resnick
Executive Aide to the Board of County Commissioners
Collier County Government Center
3301 Tamiami Trail East, Building F
v- ,\es, FL 34112
.-A'239) 252-8097
Fax (239) 252-3602
1 isaresnick@colliergov.net
From: filson_5
Sent: Friday, January 04/ 20089:15 AM
To: HastingsKendrai LeaSandrai ResnlckLisa; SpringsPaulai tuckersam
Subject: FW; PRR - OJde Cypress Subdivision
Importance: High
Ladies, please provide public records as requested.
Thank you.
Sue
From: colli_rn
Sent: Thursday, January 03/ 20084:51 PM
To: filson_s
Cc: weigeLd; KlatzkowJeffi TeachScott; TorreJohn
Subject: PRR - Olde Cypress Subdivision
Importance: High
C,
2/6/2008
1A Page 2 of2
~
Happy New Year! Attached is a public records request received on December 31, 2007, from Margaret
Cooper. John Torre is checking the documents that have been previously produced numerous times on this
iAl for number one of this request, but I don't believe anyone has asked for the records in number two
t_equest before. Please ask the ladies to provide Commissioner calendars as specified in number two ot
the request. Feel free to call with any questions or concerns. Thanks so much for your continuous
assistance in responding to the many record requests we receive.
MarianR. Colli
Advanced Cenified Paralegal
Civil Litigation
County Attorney's Office
(239) 252-8400 . Office
(239) 252-6300 . Fax
mariancolli@.colliergQv.net
.
.
2/6/2008
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just'a feWeartymeetingsal'!~l;rnail(~~Ot,jf)tt&~i'f/i~oh1y PUFpO$,_r9f my
". . "'cxiRimunjCatio~~,fact.fini:lihg. i,e;JotJy t6determin~what ragulliltig!:l$'
.,' ........'!iell:J..and hOWtl:f....weremeas!kA".IJlave'hevEtrtned:R!!::ll'lfluen.' '" .
. .:~NriorlSoO'any 1S$~'i"a ti~J~e:tjglly', .~di"lmpli-".'.';;.:.'''.''".,..':''t;!l'iar
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th~.w~~~jde. pf the Grid~I'I94~...!-!~e~{C!>!ls~cI:i~qrif\!lddoor extelldedover 2!i
,f$beyoriq the. east side Of~,h~e1j'itc!Warcl~ ~elVe.orhis e~p~iorI
;'~c1y,~1Y impa~ ~rJl~lJ~.~in~.p::~~):bl9'Ck~ a!!,i:~!)li9.t]t;al1tt~i:yi fthe
I'reselVe, (b) eliminated ~nyenvacvj!,~,~~;lia<lep... . .the....al~.~'~
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. " ~,~t. the Gr?er Jot was appro~~;;.~~::~,~9:'~';l<lt:iH~~~?ped~~pa~oftnei
. LQQtI1at explains I'IQW a lot t/'Ialls:I,n9tata ,rQi!lglnte . 'l<9ul~Lsqll~..y. ".."
oonsldefed asaoomer lOt lfeel'UUii.", .. r"~ . . orftlla'LJtf
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. .Iot~idryot ineet.~~l~q4IieriJ~t$"~~3~~!iMf( ~oss G~$~,.
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~iringof 'June 29; 200t11:$1..AM,~~~~fthisEiiiaji .is. attachedt.otfli$"I~tMF
as exhibit 1.) WhetheittieGrid~ IOt:g1.iar~as' a' comer lot has substantial
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stated in hiS Email.toJennife~eeiri..g;loluJy2ii?OOlB:S6.A:M(ACopyOf.this.E!n1.li.lfi
is,al:fached to this Jetter ~S~i~it 2,)::'" . . .
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. , Mr. Kolflat die! not ar9\l,e the point. It was. not necessary to argue.
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'&et: RE:OldCypress :
':<;-:"~""";'," ;:?:'J,~:};", -", ' o'. ,_ -":, ' ; , ':_'~: _,"_ ,.' "'..>,,:::~,~,,~,:.,,!. ,i',:"_.':,,,:, ':__ . __,_; ," " ,'.-,_.'_::,,;'_",:_,,__';-:::/::' ,_,:' ___:. ,__, }__'"",<":,::,,<>_,:",:,:':,_;:
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. t1ie:s~ method Angel used, rne:asUrjng',frOm'~~ 'C:i1orcl alone and nof frOm the points Where the side 'kit 6ile!i:~ thei
'~"' Easier t6 show than to describe in text ,To sBl ~been doing Uhat WOly for years is all true, but not~1I of the trUth: ,
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Page 14
Une'14
~usan. .
, ' ';Aug~ 16, 2007 11:46 AM
,en~liF"r:' C,_ ,,,, ' ,
FW: Old Cypress
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B~C!\! IS CqnfimlallOn from ColDer County ;n the u,~;otJli~ jll10fd ~,that l,.~ed'll!iq~ \0 d~g~Tg a-
e;:, It IS "my unckrstandlng that the County has used thfi!' mol\:! selbacknr)~i.fQrYea[l> .a~d ,I do ,not pelieve Cha
fine ~fter I.!lav,! eompletecl construct!on of f1eh()lJse}~~ q~C6bnlt~.rcm~ Is prc;pilr.,! ,'~' . .,.
,lease do Ilothesllate to oontact; me if you haVe any !:rllestiori~;o~" ,. ," ,..,.. '. " , ..... .
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. fili'.... .to ~ read tj1~ words for what is ~etba"k lineS~, eaf'emejif lines, 13;no properly lines, B~t the idea is oorrea: ~OU. take the ,
, easurements from the cord line as oppose;J to the property lme and or back of curb, unless the PUD stipulates.
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Hi Ross' - I~~' ~ little confusEid~~thi~ ~~,,'~~'~~I~~:';~i~Otacid~~;lot but Id~not se~ h~W ;OUd~t:~ined, ..
. frorlt. rea! and sides. I have seen lots lik~ ~iS,in ~ii:il'!aslS'ncl, I am jusf(:uri~lIs. Also how are you determining lh~,. .
aegree; d~ you haVE! a l'!1'Qtractor!1? This 11$ a streng~..one,,':.. ': ...., , '. '. . ..'
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Line 37
. laWyer in. _.tinn and lias been told.by his !an\:!sc:apor lilatlll.ert: is a stop work issued. He would like to gel tbe,lancls~.llonesci ....
'lHn.. WIl6 Can I talk to to gel to the bottom oflhis1' '. .
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'::':::i:':;~~:" ." A, R~iand Holl '< , .1! "I .
:i;.;~r~~;1 RT'9'~ CypreSs lot 2ar ... .
:,," :~raCldng: ~lent Reael. . r l"
ll~i~~ {!' ~~d ~ Read: 7{l3f2007 9;~ ~" .:: , '1.. .
~)f- ".., get ~!ired It was jusIl.t1iniling Qut loud] I need a jObjllL
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." ~and Holt., . ill:';' .
'day/.July 20/ 2007 3:42 PM j l . :5;'
'~~ari': .,. .'. :i'..;~::
. FW:'Olcle Cypress lot 28 ! ", l
~~d~buU~~1 i~to your idea ~~p/Jopp~ hi$lo,l,~ ~ a.~m~ on~.II.li,ttiat~QUl$t!aslr.i.s6ly~ 1Ii~';:"I'li!:H':'::' ""
.,sS\.Je;j'jlmllths's!o l.t1erestof. limBbouui' 11:., , in ouiWitl"andCOOb':,' . Mil ut.Kii~lwllii~m$"~'7;,,"
", .. . ,ry !!O.IT!Y "'1" O\Y~r g~,,",, rk'Yl\PP,,~~~.><...I""""" . <,.
prti~~m~ s~ved a ma;.probl~m:tf~. ':;'1 ~:~:':~~,~, ~7~' ~S'oa., '}T,,{ . ...," .,
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Ilind /:iOlt;,;.', ". . .," . ,
, .1 julY 20,20073:22 PM ' , " i.;. .
~pIlj ~SuSan; kucIG.J':'Alamarfirlni!g<ln ",'''.
"' '61i:iecypiessiot28' .... ;':;~. . ..... ..
i; .::~;i: ace . the fax:US; reCeived ~ L~j~ cr8i .GnJer~th ~~"Offi Sk~l~!~~~klnd"~~ Ic;~ n1~:<
. ~a~ appro::' letters 6n sidewalk reirioVa'1. By lfleway;: ~9 idea of ChOPPI~Oft' 13' fJDrn ibe e8st!!rid oUl1a
" . el" definitiQn came fiom Angel Tarple~. Who handled' Ihli apprlCalionJ " 'A ~ example of .outSlde the '00x- shlre,
. 9I1lytlle Conservation issue Wilb which,tf deal.;!~ . ' . .:
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,:~~cYPress lot 28 n ' " ' , ,,' , " , , " "
Gride; bc.u;ht into your Idea about d,op~i~ hiS' , trie a:'=meti on<;,1:' If Ihat~dcs out Soa$ tD'sO~'1he
~et, l~n~!1 the story the rest of lJ'Tf Die a~c?ut ro.:;~ur I<l!eIlirg your ""lis and COo~ applying your kri~e'Wi\tf' ,. >
prp~m tt"nldng so"'!'d a major problem. : .. GOQ.o VZU~Kf': '" I'm ~}o ,work with l',Ou~,:' , "
~;;.,/' "L,'~:' ,:,..,' ';::. < ., ' ' 'j .--" ~: ':~,:~,':,.r,,-';'; '':"='1'-':1'-" .,'. " ;~_: ::. " , ._. ," '_'. . _,' ;:::!!!!m!~::';::'::
J -;;;, _ ' "_",,",,,.,; :i:" }':! . ::~ _ ;~~ .:..,,~i~_~,": .'f;.: , '-"::~:j!i;;':i
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"~"~~2S' ;kuc:I\...t:AlaI'l1al'A~,~n, ,,;'> , """";:
.~ .....r.~:ess tut,: "_ ~ '. .,,: ,',-. ,__;':'-':,:::~;
:~.(i"~~~,;!;'~'-<';_:!,:,,.'~;~ . " _ : ::' ~_. u.: -::,t,:'./: . ",,;;'-., ',;. -. ,,' '".d, '. ''': ," ,i '_'_":/:"~:')'.":. ,-::,:::,,;.
tQ you, ~ copy the tax just received from home ~er Craig Grider with surveyors sketch of making the tot inlD a. .'
Ifand apprtlValletters on sidewalk """""ial . By way,theld~f1fchoPPin9 o/f 13' litIm the eBst end of1lie IolSQ It
er' definltlon came from Angl!! TarpieY,,!Nho han !he applicaOOriiJ' A greatexanjpleof~ida ,-
,~ ~nlY !i1e Conservation ~ue ~ whiclt r deilH '",' '-:' c~" " , ,>,;.': ii '
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;[,{riqay;July 20.20073:53 PM
,:;i, ~:~?I~~d Holt
ifi ,,6;. REi bIde Cypress lot 28
~ff4t!~;;.~~iem' ~
t, : .. . A.;.RoIaiid ~Red; 7 (Z3{1IJ07 !l:311 AM
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s~lect Year: .2007 d
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,ute: :;->20q1~>Ch0I12~>Section 3143.~ P~9~;'2.~~j~;;i0~
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. . other m~bers of the agency, and ~~aR!le r~d pUbliclX at thet.extmeeting held subsequ~nt to .
· thefiting of this writtlm memorlindu'm. '. ;i,. ..
". : t; ,,_, .. .., - '(i!i' ""'n ::- '~: ~'" " " '_.
(b)I~ the event that disclosure has ~ot~ri:!nade prior to themeetmgor that anyc;onfli~iii
UIll<nawnpr1or to the meeting, the disdosUr~'ShaUbe made ~Uyatthe m~ting ~It~es
IjIrOWtl that a cooflict exists, A W1itt~ mem~raiidum discl~'ng;[JjenattlreC1fthe.fllnfllptsHa1.ll;tilen,."
'. ; .~!ilMWithln 15 days after the:Mil[discl~~~:~ ~~'Person:i~.sr>cl~I;J\~:f6M~~ith~lil!ii:i!!(
'miriU~af the meetillg and shallbe'lnllorpj)@tect liltClthe:mlniltes'.of th"ii"trieeti1J8aUl/bkli t1m't!icll:'!'!!. .
' . _ __ ,- "". '," ".. ' , I I" -.;' _' '" _"ij.;;,,,,,,,"o,'1;.< :'---''', <'; '.".:' " '_ - "_I,,' _ _ _ " _" ",' ,,', _, , ,OF '. ",-, , '~,"""':: "_' ':"" '_' :_',: _ - ,., _,..:' '"
'.." ?i~clos:",e was made: Any suc:h !!,e'!l?fard\!i!1!~~lt~~~a}:,,~llcrewrgupC)~fllln~':s!l!llL....' .....
.... 1I1lllleql~tely.be proVIded to the otfujrmel11~~,W:~.~~~;EYt~iId. ~ltbe rea~ Pujibdy at ~'"
next meeting held subsequent to the. Jiling Of,l:hi$'wntten tnemorandll!il. . . ... '.
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. . (~). fOr purposes of this 5ubsectloni~he tE!!'m1P8rtidpate~ f1)e&r'IS anY atteinpt to influence thl! .
, cleCliilog by oral or wrtttell.communigttiorY~:..Jliel;1'ler ma~b1lheofflcer Qrat the.offjcer"s .
direC:tI()Jl~ . ';,J '....,:. J :~!~ ',";11 I/~::'; . . _ . ..
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. {~I,Whenever a public officer of fqrWeLP~~,9.p,f~9'riS b~in~.'i~~~,~(edfOr apPl!ibtm'enfolJilii;;.
reiiPpo;nttnent to pubUc office, the aPJlotJl!J~b~y shaU cons!deJ;.1;!i~.rtumper and natur~ 0/ t1i~
./tlernoranda C)f conflict previously Rl~ u~~!lll'1is~!," by ~atdofficer, .. . . .
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Hlstory;us. 6, en. 75-208; s. 2, ch..U318;s:1flch. 84.357; s. Z, c:h. 86.148; s. 5, ch. 91-B5; s.),
ch. 9+277: s; 1408, ch. 95-147; s. 43; dl. 99:2. ... . '.
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",,1/9;2000. ,i '.~ 7:47:42 AM EST
" Trans.: 6523' " '. Branch: 5899
iReglstef~o04;,<~ '.. '" T111:dJ71348
TellniMembei': DonnaJ.
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Auth: 04525C'(A)
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APPENDIX TO GRIDER APPEAL
OFFICIAL INTERPRET A TION
NO.2008-AR-12880
VOLUME 3
LEGISLA TIVE HISTORY
HastingsKendra
ubject:
Location:
Start:
End:
Recurrence:
Confirmed 10-19
'lA
Meet with Clay Brooker, Tor Kolflat Planner, Carol Kolflat, Meiissa Showalter ret Old Cypress
"261-9300 Clay Brooker"
@ DF's office
Mon 10/22/20073:30 PM
Mon 10/22/20074:00 PM
(none)
1
1A
HastingsKendra
, ubject:
Meet with Blaine Spivey, Keith Guilder re: Old Cypress PUD Stock Development - Blaine
261-9232-
@ DF's office
Mon 12/10/20073:30 PM
Mon 12/10/20074:00 PM
Location:
Start:
End:
Recurrence:
(none)
LM to Confirm 12/7
1
1A
HastingsKendra
Ibject:
Meet with Clay Brooker Melissa Showalter, Carol Kolflat ref: Presentation by Mr. Farese Old
Cypress PUD *261-9300 Clay.
@ DF's office
Location:
Star!:
End:
Mon 1/14/20083:00 PM
Mon 1/14/20083:30 PM
Recurrence:
(none)
.
1
,.
~ if ~I' L. Wmn,-I ~ Qm.m.r. t+enn'j
DEC.31.2007 4:55PM ihOHES FOSTER JOHNSTON & STUBBS ~:;):;;A8?~~~i!)ic~\/~:'2i~{\";";i',;';:
'k NO ~s his, ~e~l
1A
"II Is Ihe policy of this state lhal all slare. county, and mU1licipal recorda
shaYal all time~ be openfor aperso/lal inapection by any person."
S.C. 119.01, Plorida St'atllte8
(' e..
,
u.JeJl
REQUEST TO INSPECT PUBLIC RECORDS
December3!.2007
To: Collier County (1'"14 Facsimile and U.S. Mail)
David C. Weigel, E$q.
Collier County Attorney and Records Custocl1an
Comer Comty Govenurumt Center
Administration Building - gdl Floor
3301 H. Tamiaml Trail
Naples, FL 341124902
Re: Nottce of Violation - Case No. 2007101120
Names: Mr. Craig D. Grider and Mrs. Amber C. Grider
Address: 2949 Lone Pine Lane, Naples, FL 34119 (the "ProPl!l'ty")
PURSUANT TO THE PUBLIC RECORDS ACT, CHAPTER 119, FLORIDA STATUTES, YOU
ARE REQuESTED TO PBRMIT THE UNDERSIGNED PERSON TO INSPECT AND EXAMINE
THE FOLLOWING PUBLIC RECORDS:
1, Any memoranda, communication, letters, e-mails, etc., concerning the subject miter of the
Lawrence A. Farese report dated December 7, 2007 as it pertains to the setback issues in the
Olde Cypre.s subdivisioll,
2. Calendar of any Commissioocr(s) concerning any meetings with staff and/or residents
concerning the issues relating to itc:m 1 above. .
DATE AND TIME OF INSPECTION:
Unless otherwise notified by you (or your designated agent) prior to the date of inspection, tha
inspection sbal1 take place at.the office of the custodian of the records on:
:1...........".-2\ \1 tfl '1.'00 ~~p.m.
PENALTIES FORFAILURfETo COMPLY: .
Any publio officer who viol~tes any provision of the Publ1c RecorclB Act, Chapter 119, F10nda
Statutes, ill guilty of a non-criminal infraction, punishable by fina not exceeding $500.00. IT IS A
MISDEMEANOR OF THE FIRST DEGREE FOR ANY PERSON TO WILLFULLY AND
KNOWINGLY VIOLATE ANY OF THE PROVISIONS OF CHAPTER \19, FLORIDA
STATUTES.
'1A
D~C_31.2007 4:55PM JONES FOSTER JOHNSTON & STUBBS
NO.741 P.3/3
EXEMPTION FROM INSPECTION:
If you contend that the record, or any part of it, is cxempt from inspection and eXlllllination, please
state in writing, and with partloularlty (an the reverse side of this reqllest) the reasons for your
conclusion that the record is exempt and return It to tM underl:igned Ollar before the date of
inspection. .
CERTIFICATE OF SERVICE:
I HEREBY CBR TlFY that this request was furnished by facsimile and first clall U.S. Mail. to:
David C. WeigeL Esq., Collier County Attorney, Collier County OOvemlIlCJlJ Cc:ntcr, AdmJnlstt:ation
Building - Sill Floor, 3301 E, Tamiami Trail, Naples, FL 34112-4902, this 5/ of'day of 'P=---.....b.......
2001.;
JONES, FOSTER, JOHNSTON & STUBBS. P.A.
On behalf a/Mr. Craig D. Grider and Mrs. Amber C. Grider
P.O. Box 3475
West Palm Beach, FL 33402-3475
(561) 659-3000 (telephone)
(561) 650-0422 (facsimile)'
By;
Margaret L, oper, Esq.
Fla. Bar No.2 7948
E-mail: mcooper@ioneR-fo.ter.oom
r:IDOCS\2S19lllllll00IIDOC\l2NlJ74.DOC
,",!umln'l=t public """,l'd4
1A
tuckersam
ubject:
"CANCELLED 3:59 P.M. 081007*"'Jeff Klatzkow and Diane Ebert and Melissa Showalter.
(with her attorney Clay Booker) of Olde Cypress regarding a variance, Dinny ext 8492
(changed to 9:00 with Kathleen on 081007), Diane ext 593-1103
Start:
End:
Mon 8/13/2007 7:00 AM
Mon 8/13/2007 7:00 AM
Recurrence:
(none)
Categories:
Business
1
~f\
Juckersam
ubject:
Clay Brooker, Tor and Carol Kolfiatl, 261-9300 in BCC Office regarding aide Cypress variance
Start:
End:
Thu 9/6/2007 3:00 PM
Thu 9/6/2007 3:30 PM
Recurrence:
(none)
Categories:
Business
1
1A
tuckersam
;ubject:
Jim Mudd and Diane Ebert of Olde Cypress in BCC Office to discuss the removal of a
sidewalk without proper permitting, Diane at 593-1103
Start:
End:
Wed 11/14/2007 1:00 PM
Wed 11/14/2007 1:30 PM
Recurrence:
(none)
Categories:
Business
1
'lA
tuckersam
'ubject:
Olde cypress
Recurrence:
Fri 11/16/2007 3:00 PM
. Fri 11/16/20074:00 PM
(none)
Start:
End:
1
1A
DEC. 31.2007 4:55PM JONES FOSTER JOHNSTON & STUBBS
1'10.741 P.2/3
C. {) llU.,{L.S S> L 0 AJ elL
II .^, l<\.-c:..
I, I l-T\ ../
"lll.r the policy of this state thaI all stare. county, and municipal record,
.hall at all time' be openfor apersonaJ inspection by tlIIJ' person."
Sec. 119.0t, Florida SIll!1;lOB
REQUEST TO INSPECT PUBLIC RECORDS
December 31, 2007
To: Collier County (V'1ll Fac.sil/lilc and U.S. Mail)
David C. Weigel, Esq.
Collier County Attorney llI1d Records CustocUan
Collier COWlty Government Center
Administration Building - &~l Floor
3301 B. TlllIIiami Trail
Naples, FL 34112-4902
.
Notice of Violation - ClISe No. 2007101120
Names: Mr. Craig D. Grider and Mrs. Amber C. Grider
Address: 2949 Lone Pine Lane, Naples, F'L 34119 (the "Property")
PURSUANT TO THE PUBLIC RECORDS ACT, CHAPTER 119, FLORIDA STATUTES, YOU
ARE REQUESTED TO PBRMIT THE UNDERSIGNED PERSON TO INSPECT AND EXAMINE
THE FOLLOWING PUBLIC RECORDS:
Re:
I, Any memoranda, conununication. letters. e-mails, etc., concerning the subject matter of the
Lawrence A. Farese report dated December 7, 2007 as it pertains to the setback issues in the
0100 Cypress subdivision,
2. Calendar of any Commissioncr(s) concemiDg any meetings with staff and/or residents
concerning the issues relating to itrlll1 1 above.
DATE AND TIME OF INSPECTION:
Unless otherwise notified by you (or your desigIJat:ed agent) prior to the date of inspection, thll
inspection shall take place at.the office of the oustodian ofthc records an:
~\
Ill~p.m,
-.'
,'\........'-".:1 II ti'. "1.'00
PENALTIES FOR FAlL~ TO COMPLY:
Any publio officer who viol(l.tes any provision of the Public Reoords Act, Chaplcr 119. Florida
Statutes, ia gullty of a nOll-criminal infraction, puni&hable by :fine not exceeding $500.00. IT IS A
MISDEMEANOR OF THE FIRST DEGREE FOR ANY PERSON TO WILLFULLY AND
KNOWINGLY VIOLATE ANY OF THE PROVISIONS OF CHAPTER 119, FLORIDA
STATUTES.
.
t
j~
I
DEC. 31. 2007 4:55PM
JONES FOSTER JOHNSTON & STUBBS
NO.741
P.3/3
EXEMPTION FROM INSPECTION:
If you contc:nd that the record, or any part of it, is exempt from, inspection and examination, please
state in writing, and with partioularlty (on the reverse side of this request) the reasons for your
conclusion that the record is exempt and return it to the undersigned on or beforo the date of .
inspi:Ction. . .
CERTIFICATE OF SERVICE:
I HEREBY CERTIFY that this request was furnished by facsimile and first cia" Us, MaU. to;
David C. WeigeL Esq., Collier County Atlomey, Collier County QOVCl'lllIlCllJ, Center, Administration
Building - 8'b Floor, 3301 E. Tamiami Trail, Naples, FL 34112-4902, tItis 5/ -r day of 'f)~,.,. b~.
2001..
JONES, FOSTER, JOHNSTON & STUBBS, P,A.
On behalf of Mr. Craig D. Grider and Mrs. Amber C. Grider
P.O. Box 3475
West Palm Beach, FL 33402-3475
(561) 659-3000 (telephone)
(561) 650-0422 (facsimile)
By;
oper, Esq.
Fla. Bill' No. 7948
E-mail: mcoopenllliones-fbster.com
P:\OOCSIZSI90IIlIlOOI \DOC\l~Nm4.DOC
""I""' 10'1'"'" public """'l'd.
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LeaSandra
:ubject:
Diane Ebert (593-1103) re Old Cypress megahouse - 15 foot variance
Start:
End:
Wed 10/10/20072:00 PM
Wed 10/10/20072:30 PM
Recurrence:
(none)
1
'lA
LeaSandra
Page 1 of 1
From: IRMAOutlook
Sent: Wednesday, October 17.20079:17 AM
To: fiala_d; HalasFrank
Subject: IRMA Message: Diane Ebert-Please Call
Contacts: Diane Ebert
Caller: Diane Ebert Company:
H (239) 593-1103 B C (239) 404-9265
Message:
Old Cypress is on the upcoming agenda. She said to call so that you can arrange a time to
ride over and take a
look at the property if necessary.
TELEPHONE MESSAGE
Sent By: HastingsKendra
1A
LeaSandra
1ubject:
Clay Brooker (261-9300) and Carol Kolfiat (client) re Olde Cypress PUD
Wed 1/9/2008 1:00 PM
Wed 1/9/2008 1:30 PM
Start:
End:
Recurrence:
(none)
1
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OLDE CYPRESS
Issue: Grider Home, Lot 28, 2949 Lone Pine Lane
Background: aIde Cypress is a PUD under latest ordinance 2000-37 amended by2000-53. . It
is also a DR! originally know as the Woodlands. The area of the Grider home on Lone Pine was
platted in 1999. The area behind the homes in question on Lone Pine is a platted conservation
area.
The homes erected on Lone Pine Lane are typical of village neighborhoods and are
similar in size, style and setbacks. The Grider home is larger and utilized setback areas not used
by other homes on the street under the premise that the Grider lot is odd shaped and deemed by
staff to be a corner lot, thus providing a reduction in setbacks.
Individuals involved:
I. The immediate neighbor abutting the Grider home who initiated the concerns that lead to
this discussion is Melissa Showalter, she is the daughter of Planning Commissioner Tor
IColfat. .
2. Mr Grider is an attorney who I haye been told has done legal work for the developer:
Stock Development.
. 3. Mr. Grider is also with the Goodlette-Coleman law firni.
4. The Homeowners Association has a representative who has been actively involved, her
name is Diane Ebert and she lives on Lone Pine Lane as well.
Issues:
I. The initial permit issued for the setbacks on this house was issued based on the lot being
a "corner lot". The lot is on a cul-de-sac and is irregularly shaped. The new LDC
defrnition of corner lot failed to include a statement from the former LDC that required a
certain angle measurement in order for a lot to be considered "corner". Where the new
LDC has failed to include information from the prior LDC, the prior language is still in
effect. As a result this lot did not appear meet the 'definition of corner lot.
2. After this was discovered a process was initiated to amend the lot boundaries in order to
re-compute the required lot angle and thus have it found consistent with the defrnition.
This was accomplished administratively by a lot line adjustment. .
3. During the review of this lot and it's setbacks it was discovered that the abutting land to
the rear of this home as well as many others on this street was conservation and some of
the site plans submitted for approximately 16 homes on this .street had failed to note tlle
conservation designation and thus appear to be in possible violation of the LDC
requirement for preserve setbacks. The Grider home setback at one location is
approximately 10.7' for the principle structure and the pool at approximately 5.3'. Yard
fill and a retaining wall are on or close to portions of the property line.
1A
4. During the clearing and filling of the Grider lot, apparently the site work entered into the
conservation area and fill was required to be removed and the area restored.
5. The PUD does not address set backs for structures along a preserve, as a result
determination of that setback then falls to the LDC. The regulatory section 3.05.07.H.3
of the LDC requires a 25' setback for principle structures and 10' for accessory
structures. Structures permitted prior to June 19,2003 are exempted from this section.
6. In another section of the LDC, under the plat process section 10.02.02.B.I there is a plat
requirement of a 25' setback from preserves with a minimum 10' for accessory
structures, fill or other activities. This language has been in the code since the 90's.
7. Besides the rear setback the measurement of the front setback has come into question due
to. the chord measurement and the distance to the side loading garage.
8. There is also an issue concerning the displacement and replacement of the sidewalk that
existed in the cul-de-sac in the area ofthe Grider home.
Possible corrective actions subject to further study:
1. Since PUD's are their own zoning ordinances, the Old Cypress PUD could be amended
with very specific language to address the setback issues. (This could fix all setbacks,
including the Grider residence)
2. There are some conditions and setbacks along Lone Pine that could be approved within
the tolerances allowed by an administrative variance. (I believe this would fix all but a
few of the setbacks) Those that did not fall under the administrative tolerance (Grider
would not) would have to seek another remedy.
3. The language in section 3.05.07.H.3 of the LDC does not apply to homes built before
June of 2003. The BCC could decide that this language applies over the conflicting
language in the Plat section of the LDC, section 1O.02.02.B.1. The basis for such a
decision could be that setbacks are determined by review of the regulatorv section of the
code (3.05.07.H.3) and not the process section for platting (1O.02.02.B.1). This again
would not fix all the homes, nor would it fix Grider's home.
4. The platting section of the code contains provisions for approval of certain setback relief
provided by approval of the County Manager or his designee. Since all of the homes
have approved CO's there may be a consideration that this signifies sufficient approval.
That would leave a few remaining homes (including Grider) to seek additional remedies
who still do not fall within this determination.
5. Require individual variances on a case by case basis for each home. The outcome and
impact of this would be determined by multiple public meetings.
'1A
HastingsKendra
~ubject:
Meet with John Dunnuck, Joe Schmit! & Patrick White (Connie Johnson - 403-2370) re: Old
Cypress PUD
@ DF's office
Location:
Start:
End:
Wed 2/13/2002 2:00 PM
Wed 2/13/2002 2:30 PM
Recurrence:
(none)
1
HastingsKendra
'ubject:
Location:
Start:
End:
Recurrence:
rJA
Meet with Carol Wilsey & HOA Member (Olde Cypress) (via e-mail; phone - 597-7101. cell-
289-1403) re: Livingston Rd. Ex!.
@ DF's MI Office
Thu 9/4/2003 9:30 AM
Thu 9/4/2003 10:00 AM
(none)
1
HastingsKendra
'bject:
Location:
Start:
End:
Recurrence:
~~
Meet with David Bryant (435-0550) & Ken Creesman (Pres. Of Empire Builders) & Neil Dorrill
re: single family development within Oid Cypress that Empire Builders is doing
@ OF's office
Wed 1/5/2005 9:00 AM
Wed 1/512005 9:30 AM
(none)
1
HastingsKendra
Ibject:
Location:
Start:
End:
Recurrence:
1A
Meet with David Bryant & Bill Slavich (435-0550; cell- 941-914-2584) re: HD Development@
Olde Cypress
@ DF's office
Tue 11/8/2005 3:00 PM
Tue 11/8/2005 3:30 PM
(none)
1
t"fA
HastingsKendra
'lbject:
jcation:
Meet with Diane Ebert ref: Old Cypress -404-9265"" -
@ DF's office
Start:
End:
Wed 10110/20072:30 PM
Wed 10/10/2007 3:00 PM
Recurrence:
(none)
Confirmed 10/9
1
SpringsPaula
{].~M/'VHt;?{ "'t0er
~ tv<- C.O!...i&-r-rA
1A
qubject:
Clay Brooker (261-9300) with clients Melissa Showalter and Carol Kolflat - aide Cypres on
1/15/08 agenda
Jc's office
L.ocation:
Recurrence:
Man 1/14/20084:00 PM
Man 1/14/20084:30 PM
(none)
Start:
.End:
From: IRMAOutlook
Sent: Thursday, December 27, 20071:16 PM
To: LeaSandra; SpringsPaula; tuckersam; ResnickLisa
Subject: IRMA Message: Clay Brooker--Please Call
Caller: Clay Brooker
Company: ChefIY, Passidomo, Wilson & Johnson
H
B (239) 261-9300
C
Message:
ref: Would like to schedule appointments with your commissioner referencing the Old Cypress PUD coming before BCe
January 15th.
TELEPHONE MESSAGE
Sent By: HastingsKendra
1
1A
SpringsPaula
~ubject:
Clay Brooker (261-9300) - Olde Cypress Reserve Setback/Encroachment; Tor Kolflat, Carol
Kolflat, Melissa Showalter - lives next door to the Grider's offending property, but they are not
the only property encroaching. Going before Bce 10/23/07 .
JC's office
Location:
Start:
End:
Fri 10/191200711:00AM
Fri 10/191200711:30 AM
Recurrence:
(none)
1
1A
,2pringsPaula
~ubject:
Location:
Meet with Diane Ebert regarding a variance in aide Cypress (593-1103) .confirmed 12 noon
10/19/07.
@JC's Office (Apt. made by P. Springs)
Mon 10/22/20073:30 PM
Mon 10/22/20074:00 PM
Start:
End:
Recurrence:
(none)
1
1A
SpringsPaula
;ubject:
Clay Brooker (261-9300) - Olde Cypress Reserve Setback/Encroachment; Tor Kolflat, Carol
Kolflat, Melissa Showalter - lives next door to the Grider's offending property. but they are not
the only property encroaching. Going before BCC 10/23/07
JC's office
Location:
Start:
End:
Fri 10/19/200711:00AM
Fri 10/19/2007 11 :30 AM
Recurrence:
(none)
1 _
.-..---.---.....-
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SpringsPaula
Subject:
Meet with Diane Ebert (593-1103 or ceI/404-9265) reg. A variance in Olde Cypress _
confirmed 10-19,07
@FC's Office
Mon 10/22/2007 3:00 PM
Mon 10/22/2007 3:30 PM
.. (none).
Location:
Start:
End:
Recurrence:
.. .
" :
1
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SpringsPaula
Subject:'
Meet with Clay Brooker and Tor Kolfiat and his wife regarding a land use ,Iteni in Olde Cypress
(Clay 261-9300) -11m 9-18-07
, @FC's Office
Location:
start:
End:
Wed 9/19/20072:30 PM
Wed 9/19/2007 3:00 PM
, Recurrence:
(none)
The Grider Home
Address: 2949 Lone Pine Lane
He represents the owners of the neighboring 101... trust that owns it and 'Carol is a trustee for that property. Too close to
the set backs (primary issue).
. '
",
. , " .
.of,',"
L _'",. _
-,--,~"",,-'-'-,.....,--~~-
"',,'
. "-.'
.1'
Meet with Clay Brooker, Mellissa Showalter and Carol Kolfiat (regarding Old Cypress PUD on
the agenda for 1-15-07) 261-9300
@FC's Office '
, Mon 1/14/20082:00 PM
Mon 1/14/20082:30 PM
SpringsPaula
Subject:
Location:
Start:
End:
, Recurrence:'
(none)
-:,
",-
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,
DEC.31.Z007 4:55PM JONES FOSTER JOHNSTON & STUBBS
NO. 741 P.V3
"Ills the policY of thi.state that all stare. counly, and municipal records
shaH at all timea be openfor apersolla/ Impection by any perlion."
'. . I
S.C. 119.01, Flcrld. Sta!lltoa
. To:'
Collier County (VIQ F(lcgimila and U.S. Mail)
David C. Weigel, Esq,
. , ,CoUi~ County Attorney and Records Custodian
, Collier Cqunty Government Center
Administration Building - g~ Floor
3301 H. Tlirillami Trail '
Naples, J;1'L 34112-4902
." ,- ..
REQUEST TO INSPECT PUBLIc:: RECORDS
~~ &,icrYU~ YlVL .
(:> d-.~ '
, ,
, Deatmlber 3 1', 2007
"
....,. .
, .Re:-
Notlceot'Violation - CasllNo. 2007101120
Names: Mr. Craig D. Grider IUld Mrs. Amber C. GrIder'
, 'Addres~:2949,LoDe Pine LIUle, Naples, FL 34119 (the "Property")
, ~ . . " . .' , - , . , ' , '. . . - -. " '. . : .. . '
'",.
PURSUA.NTTO THE PUBLIC RECORDS ACT, CHAPTER 119, FLORIDA STATUTES, YOU
: 'ARE RBQlmSTBD TO PERMIT THE UNDERSIGNED PERSON TO lNSPECT AND EXAMINE
THE FOLLOWING PUBLIC RECORDS: '
"1.
, Any memoranda,' conununication, letters, a-mails, etc., concerning the subject ma~r of tho
Lawrene!! A. Fart:so report dated December 7. 2007 as, it pertains to the setback issues in the
Dlde ~ss sulldiviaion. '
. '
:,2,., "
. . . .
Caiendar of any' Conunissioncr(s) c~nceroing any meblings with staff and/or residents '
eOqceIJling tlie issues relating t~ item 1 above. \,' , '" . " , ,,'.
. ',.
, . .... ". ' .
'DATE Al\'D TIME OF INSPECTION:, '
, Unless othCtwisenotified by you (Dr your designated agent) prior to the dllto of inspection, the'
c,' -. .... - .' 1- ,"
mspection shall take place at,the office ofilia custodtan ofthc records on: ' " "
:1....,,,."'.:1 II ~ '1.'00 ~~p.m.
,
. PEN'ALTiES FDRFAILUR!E TO COMPLY: , . ' ' , ',' "
Any P!1blio officer who viollttos any provision of the Public Records Act; Chapter 119, Florida
,.statutes; Is guilty of a non-criminal infraction, punis~ble by fine not exceeding $500.00. IT IS A
. MISDEMEANOR OF THE FIRST DEGREE FOR ANY PERSON TO WILLFULLY' AND'
KJIlOWINGLY VIOLATE ANY OF THE PROVISIONS OF CHAPTER 119, FLORIDA
STATUTES. ' ' ,
"
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" 'I,,':
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DEC. 31. 2007 4: 55PM JONES FOSTER JOHNSTON & STUBBS
NO.741
P.3/3
EXEMPTION FROM INSPECTION:
If you contcnd thal the record, Dr any part of i~ is exempt from inspection and examination, please
state in writing, and with particula.nty (on the reverse side of tins request) the reasons for your
conclusion that the recbrd is exempt and return it to the undersigned 011 or before the date of
inspection. "
CERTJl?ICATE OF SERVICE:
I HEREBY CERTIFY that this request was fumishocl by facsimile and first cla!!s l1.S. Mail. to:
D&vld C. Wc:ige~ Esq., Collier County Attorncy, Collier County 'GovemmenJ. Center. Administration
',Building - 8th Floor. 3301 E. Tam/ami Trail, Naples, FL 341124902, this 51 ..,. day of ))a:.o<'..,..6""
200'1., ,
JONES. FOSTER, JOHNSTON & STUBBS, P.A.
On beho.lf of Mr. Crtiig D. Grider and Mrs. Amber O. Grider
P.O. Box 3475
West Palm B~h, FL 334Cl2-3475
(561) 659-3000 (telephone)
(561) 650-0422 (facsimile)'
By:
Margaret L, oper, Esq. ,
Fla. Bin' No.2 7948 '
E-mail: .mcooperTcrlione~-foHter.com
P:\OOCSl2S19D\OOOOllDOC\\2N2l74.noC
, ~U;S[ In;pcct publiQ ~rd~
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COMMUNITY DEVELOPMENT
ENGINEERING AND ENVIRONMENTALK SERVICES DEPARTMENT
TO: Stan Chrzanowski, P.E., County Engineer
FROM: John R. Houldsworth, Senior Engineer
DATE: January 2,2008
RE: Preserve Setback Encroachment
Stan, since this issue came up a couple of months ago, I noted the following subdivisions
which appear to have units which do not meet the minimum 25 setback requirement for
Conservation Area to Principal Structure. Some of the subdivisions may have only one or
two units, where others have several. Also, the degree of encroachment varies from what
would considered administrative to, rather severe. Each property would have to be
examined to determine the true extent (if any) of the apparent encroachments.
Audubon Country Club, Galleria at Pelican Marsh, Egrets Walk, Troon Lakes, Pelican
Marsh (Spanish Moss), Tuscany Cove, Hawksridge, Lago Vallagio, Tiburon Blvd. East,
Naples Heritage, Forest Glen, Tarpon Bay, Castlewood, Kensington, Grey Oaks,
Briarwood Unit 7, Preserve at Berkshire Lakes 2B, Delasol, Mediterra, Wilshire Lal<es
Phase Two, Carlton Lakes II and III, Pelican Strand, Tarpon Cove, Indigo Lakes,
Northshore Lake Villas Replat, Stonebridge, Milano, Sterling Oaks, Leewood Lakes,
Olde Cypress, Horse Creek Estates
1A
Page 1 of 1
Munoz, Silvia
Fr.om: Herbst, Harold [hherbst@sfwmd,g.ov]
Sent: M.onday, N.ovember 26,20077:17 PM
T.o: henning_t
Cc: Nagle, Steven; White, Mark; Pinx, Barbra C,
Subject: Olde Cypress Golf and Country Club Encroachments
Dear Commissioner Henning: In response to y.our question regarding encroachments within District preserves I offer the f.ollowing
comments, In most District permits the wetland preserve is separated by an upland buffer. We require minimum 25' or an average
15' wide upland buffer. If this minimum width cannot be achieved, we require a structural buffer, This may be in the form .of a
fence, wall, a hedge planted with vegetation or any other type of "structure" that will discourage access into the preserve. In the
particular case of Olde Cypress, in most places this minimum width has been achieved. Staff c.o_nsjd~~~!b~l,JQIa-"d buffer as part
of the Dres",rve-,_andi~ r~glJir_edJQ beJrcclucjed i,n..9urCOnseI\I~!ion .EaseQ1,e-,,!~. The District d.oes not allow any disturbance .or the
placement of any .objects within the preserve boundaries, This includes any vegetation planted by the residents or HOA's, since
these plants are usually ornamental exotic piants. The only activity allowed is f.or the eradicati.on of exotic and nuisance
vegetation. This is necessary during the required minimum 5 year wetlandlupland monitoring program in all District permits.
Additi.onally, all newer District permits require perpetual maintenance .of exotic and nuisance vegetation,
I also understand y.ou had a question about encroachments within the individual lots within a project. The District also requires
rear yard water quality swaies that are designed to prevent nutrients from fertilizers .or c.ontamination from various pesticides,
These swales may vary in width and many of them have drains at designed intervals to convey stormwater runoff to the storm
drains along the r.oads and ultimately into the water management lakes, Thus, any filling .or blocking .of this rear yard swale with
objects is going to interrupt the conveyance and will cause flooding of the yards and possibly the homes of those affected by the
blockege. Steve Nagle or Mark White, of this office, have more experience with this issue if you would like further details.
~ope this adequately addresses your questions, If not, please reply by Email or contacting me at 338-2929 Ext. 7742 or my cell
,_none 229-7281,
Thank you,
Hal
2/6/2008
1A
Page 1 of 1
Munoz, Silvia
From: Herbst, Harold [hherbst@sfwmd,gov]
Sent: Monday, November 26, 2007 7: 17 PM
To: hennin9-t
Cc: Nagle, Steven; White, Mark; Pinx, Barbra C.
Subject: Oide Cypress Golf and Country Club Encroachments
Dear Commissioner Henning: In response to your question regarding encroachments within District preserves I offer the following
comments. In most District permits the wetland preserve is separated by an upland buffer, We require minimum 25' or an average
15' wide upland buffer. If this minimum width cannot be achieved, we require a structural buffer. This may be in the form of a
fence, wall, a hedge planted with vegetation or any other type of .structure" that will discourage access into the preserve. in the
particular case of Olde Cypress, in most places this m!!!imum width has been achieved. Staff cQQsjders the upland buffer as part
of the oreserve,~~i!J~ ~9!!l,~clJQ ~~i[l-"l!!cj~ct.irt.Qur -';on.s5l_~!!tion Easement!?, The District does not allow any disturbance or me
placement of any objects within the preserve boundaries. This includes any vegetation planted by the residents or HOA's, since
these plants are usual/y ornamental exotic plants. The only activity allowed is for the eradication of exotic and nuisance
vegetation, This is necessary during the required minimum 5 year wetland/upland monitoring program in all District permits,
Additionally, all newer District permits require perpetual maintenance of exotic and nuisance vegetation.
I also understand you had a question about encroachments within the individual lots within a project. The District also requires
rear yard water quality swales that are designed to prevent nutrients from fertilizers or contamination from various pesticides.
These swales may vary in width and many of them have drains at designed intervals to convey stormwater runoff to the storm
drains along the roads and ultimately into the water management lakes. Thus, any filling or blocking of this rear yard swale with
objects is going to interrupt the conveyance and will cause flooding of the yards and possibly the homes of those affected by the
blockage, Steve Nagle or Mark White, of this office, have more experience with this issue if you would like further details,
hope this adequately addresses your questions, If not, please reply by Email or contacting me at 338-2929 Ex!. 7742 or my cell
phone 229-7281,
Thank you,
Hal
2/6/2008
1~
Page I of I
Munoz, Silvia
From: Herbst, Harold [hherbst@sfwmd,gov]
Sent: Monday, November 26,20077:17 PM
To: henning_t
Cc: Nagle, Steven; White, Mark; Pinx, Sarbra C.
Subject: Olde Cypress Golf and Country Club Encroachments
Dear Commissioner Henning: In response to your question regarding encroachments within District preserves I offer the following
comments. In most District permits the wetland preserve is separated by an upland buffer. We require minimum 25' or an average
15' wide upland buffer. If this minimum width cannot be achieved, we require a structural buffer. This may be in the form of a
fence, wall, a hedge planted with vegetation or any other type of "structure" that will discourage access into the preserve. In the
particular case of Oide Cypress, in most places this minimum width has been achieved. Staff cOJ1sJgers the upla.!1d buffer as part
of the Dreserve,..~~,i~ r~!llJ.i~edJ2 bEO.JD.cluged ingill ,ConsEO.r)I~!ioi1EaseQ1.ent?, The District does not allow any dlslUiliance or the
placement of any objects within the preserve boundaries. This iriCludes any vegetation planted by the residents or HOA's, since
these plants are usually ornamental exotic plants. The oniy activity allowed is for the eradication of exotic and nuisance
vegetation. This is necessary during the required minimum 5 year wetland/upland monitoring program in all District permits,
Additionally, all newer District permits require perpetual maintenance of exotic and nuisance vegetation,
I also understand you had a question about encroachments within the individual lots within a project. The District also requires
rear yard water quality swales that are designed to prevent nutrients from fertilizers or contamination from various pesticides.
These swales may vary in width and many of them have drains at designed intervals to convey stormwater runoff to the storm
drains along the roads and ultimately into the water management lakes. Thus, any filling or blocking of this rear yard swale with
objects is going to interrupt the conveyance and will cause flooding of the yards and possibly the homes of those affected by the
biockage. Steve Nagle or Mark White, of this office, have more experience with this issue if you would like further details,
oope this adequately addresses your questions, If not, please reply by Email or contacting me at 338-2929 Ext. 7742 or my cell
,.none 229-7281,
Thank you,
Hal
2/6/2008
'1A
Page 1 of 1
Munoz, Silvia
From: Herbs~ Harold [hherbst@sfwmd,gov]
Sent: Monday, November 26,20077:17 PM
TD: henning_t
Cc: Nagle, Steven; White, Mark; Pinx, Sarbra C.
Subject: Olde Cypress Golf and Country Club Encroachments
Dear Commissioner Henning: In respDnse tD your question regarding encrDachments within District preserves I offer the following
comments. In mDst District permits the wetland preserve is separated by an upiand buffer. We require minimum 25' or an average
15' wide upland buffer. If this minimum width cannot be achieved, we require a structural buffer. This may be in the form of a
fence, wall, a hedge planted with vegetatiDn or any Dther type of 'structure" that will discourage access Into the preserve. In the
particular case of Olde Cypress, in most places this m~~imum width has been achieved. Staff CQ11sjders the upland buffer as part
of the oreserv~_oil~aJ~ ~9!!!c~clJ.Q ~~.JI1.9l>!cj~d in..9ur _Con_s~Jllation E~.!!!!?-' The District does not allDw any disturbance or me
placement of any objects within the preserve boundaries. This includes any vegetatiDn planted by the residents or HOA's, since
these plants are usually Drnamental eXDtic plants. The only activity allDwed is fDr the eradicatiDn Df exotic and nuisance
vegetatiDn, This is necessary during the required minimum 5 year wetland/upland monitDring prDgram in all District permits.
Additionally, all newer District permits require perpetual maintenance of eXDtlc and nuisance vegetatiDn.
I alsD understand YDU had a question about encroachments within the individual lots within a project. The District alsD requires
rear yard water quality swales that are designed to prevent nutrients from fertilizers or cDntaminatiDn frDm various pesticides.
These swales may vary in width and many of them have drains at designed intervals to cDnvey stDrmwater runoff to the storm
drains alDng the roads and ultimately intD the water management lakes. Thus, any filling or blocking of this rear yard swale with
objects is going to interrupt the conveyance and will cause flooding Df the yards and pDssibly the homes Df those affected by the
blockage. Steve Nagle or Mark White, of this Dffice, have mDre experience with this issue if you would like further details.
hope this adequately addresses your questions, If not, please repiy by Emaii Dr contacting me at 338-2929 Ex!. 7742 or my cell
phone 229-7281.
Thank you.
Hai
2/6/2008
1A HI.-c (
COP
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO:
Commissioner Tom Henning, District 3
FROM:
Jeffrey A. Klatzkow, Chief Assistant County Attorney
DATE:
December 18, 2007
RE:
Response to Olde Cypress Request
Issue One
Craig Grider and his wife, Amber Grider, acquired Lot 28, Tract 5, Olde Cypress Unit
Three, situated at 2949 Lone Pine Lane, from Olde Cypress Development, Ltd. on December 30,
2005. Lot 28 was an odd shaped lot on a portion of a cul-de-sac (see Exhibit G). It was the last
lot available for sale on Lone Pine Lane, and the only vacant Jot on the street at the time the
Griders purchased it. The shape of the lot and the setback requifements made it difficult to
design a home on the lot.
Question: Other cul-de-sac lots in Olde Cypress did confonn to the set-backs. Did Mr.
Grider purchase a non-buildable lot? Was the lot platted for a smaller house then what is there
today? What size homes are on similar cul-de-sac homes in Olde Cypress?
Response: The POO authorizes a minimum 1,200 square foot single family detached
residence. Staff calculated the Grider's residence as being in excess of 5,585 square feet under
roof, including 3,800 square feet under AlC. Although staff is better equipped to render an
opinion on this, a review' of the plat indicates that a smaller residence would have fit on this lot
without the need for a lot line adjustment. Having said that, as shown as an attachment, I have
located two substantially equivalent 'lots in this development, with what appears to be
substantially equivalent homes located on these two lots.
Issue Two
In August of 2005, several months prior to purchasing the lot, Craig Grider spoke and
exchanged e-mails with David Hedrich of County Staff, inquiring as to how the setbacks for the
lot would be measured in view of its odd shape. Mr. Hedrich confirmed bye-mail dated August
29,2005, that "[y]ou take the setback measurements from the cord line as opposed to the property
line and/or back of curb, unless the POO stipulates otherwise" (which in this case it does not).
Question: (request) Please supply public record email of Mr. Hedrich email may follow.
'lA
Response: Copy attached.
Issue Three
Having received no response from Mr. Hedrich by November 23, 2005, Mr. Grider resent
his e-mail to Mr. Hedrich at a different e-mail address.
Question: it my understanding Public Servants of Collier County Government have one
email account. Please provide Mr. Hedrich's "other email account" and a copy of this emaiJ.
Response: Mr. Hedrich has advised me that he has but one Collier County Government
e-mail address. There was apparently some confusion between d_hedrich@colliergov.net and
davidhedrich@colliergov.net. I have attached the relevant e-mail string. As an aside, in
response to past outside confusion I can be reached at both ieffklatzkow@colliergov.net and
ieffrevklatzkow@colliergov.net here; either link leads to the same e-mail box.
Issue Four
Mr. Grider confirmed this communication bye-mail to Mr. Houldsworth on December
, 28, 2005, with a copy to David Hedrich. The e-mail concludes with the following: Since the Lot
is on a cul-de-sac, there are 2 front yards and 2 side yards for purposes of setbacks and once the
release of the easement is recorded in the Public Records, the easement will be of no further
force and effect and the side yard setbacks will be 5' each in accordance with the Olde Cypress
POO.
Question: was there a reference of LDC in Mr. Houldsworth email that a cul-de-sac lot
has two fronts and two sides?
Response: No. See e-mail string attached.
Issue Five
The Preserve Setback Controversy. During the period of the KolflallShowalter
objections to County staff concerning the Grider residence in July, 2007, the issue of the 25-foot
preserve setback provided in the LDC was raised. It is not clear to us whether the issue was first
raised by Kolflat/Showalter, or County staff. Section 3.05.07 of the current LDC provides for
Preservation Standards. That section provides that "[a]1I development not specifically exempted
by this ordinance shall incorporate, at a minimum, the preservation standards contained within
this section." (Emphasis added). Subsection 3.05.07.H.3. provides for required'setbacks from
preserves as follows:
"All principal structures shall have a minimum 25-foot setback from the
boundary of any preserve. Accessory structures and all other site
alterations shall have a minimum lO-foot setback from the boundary of
any preserve."
1A
However, Subsection 3.05.07.A.2. specifically states: "Single family residences are
exempt from the requirements of Section 3,05.07.H." (Emphasis added). Additionally,
Subsection 3.05.07.H.4.a. provides: "Single family residences are subject only to the applicable
vegetation retention standards found in 3.05.07." Based on these express exemptions, it is our
opinion that the preserve setback requirements of Section 3.05.07.H. do not apply in this case.
Question: Ordinance 2004-08 provide the following::
3.9.7.4 EXEMPTIONS.
A. Single family residences are subject only to the applicable vegetation retention
standards found in 3.9.4.
When the Board adopted the new code 2004-41 (ODC) the language provide more
exemptions (single family home setbacks from preserves). And the Board was told in 2004 the
ODC is the same as the LDC except were it's reported to the Board. Please provide evidence in
the minutes that the Board recognized the add exemptions.
Response: Ordinance 2004-08 was the cycle prior to the recodification. Among other
things, this Ordinance substantially revised the Preservation Standards. A copy of this portion of
the Ordinance is attached. It is my understanding that this language exempts single family
homes from having to meet on-site preservation requirements, but does not exempt single family
homes from the 25 foot preserve setback. This interpretation meets with the purpose of the 25
foot preservation setback (reduces yard encroachment into setback, provides a buffer for falling
trees and fire) without unduly restricting development of single family homes by having the
owner retain or create a small native preserve on the lot.
Issue Six.
An issue has been raised as to whether John Houldsworth had a conflict of interest in
reviewing any application involving Olde Cypress, including the Grider issues, due to the fact
that his wife works for the developer. We agree that Mr. Houldsworth should not have involved
himself in the Grider review. To avoid the appearance of impropriety, Mr. Houldsworth should
recuse himself from issues dealing with Stock Development. Mr. Houldsworth agrees as well,
and has advised us that he will no longer participate in any issue dealing with Stock
Development. With regard to the issues in this case, however, the approvals in question were nol
made by John Houldsworth alone. Many members of County staff were involved in the
approvals on a variety of levels. We do not believe that the results in this case would have been
any different had some other member of the Engineering Department reviewed the various
applications instead of Mr. Houldsworth.
Question: with the written statement above one could be led to believe the damage is
done. Has a violation of the County's ethics ordinance been committed? Has Florida States
112.313 (6) and or (7a). been violated?
Response as to the Collier County Ethics Ordinance: Although Mr. Houldsworth may
have violated Collier County general policy if his actions generated an "appearance of
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impropriety," such actions are not subject to any penalties under the Collier County Ethics
Ordinance.
Collier County Ethics Ordinance Section 2-2053 provides as follows:
Sec. 2-2053. Statement of policy.
"Ir is the public policy of Collier County thar public servants work for rhe benefit
of the citizens of Collier County. It is the responliibility of each public Iiervant to
act in a manner that contributes to ensuring the public's trust in its government.
In particular, to alwayli be honest with the public they Iierve, and to be good
stewards of the ta:x dollars entrusted to them. To this end, an individual covered
by this article shall (I) not use his or her position as a public servant for unlawful
gain or enrichment, (2) avoid conduct thai gives the appearance of impropriety
in the performance of his or her public duties, and (3) not accept any items of
value if the public servant mows or reasonably should have mown that it was
given with the intent ro reward or influence him or her in the perfonnance or
nonperfonnance of his or her public duties: The statement of policy and general
standards of conduct set forth in this section are not subject to the penalties
providedfor in this article." (Ord. No. 03-53. * 3, 9-23-03; Ord. No. 04-05, S 3)
Response as to Florida Statutes Sec. 112.313(6) and (7): I do not believe that Mr.
Houldsworth is in violation of Sec. 112.313(6) of this statute, as no substantial competent
evidence has been presented to support a detennination that Mr. Houldsworth acted "corruptly."
I further do not believe that Mr. Houldsworth is in violation of Sec. 112.313(7) of this statute, as
he holds no position with himself outside of his County employment.
Florida Statutes Sec. 112. 313(6) provides as follows:
112.313 Srandards of conduct for public officers, employees of agencies,
and local government arrorneys.-
"(6) MISUSE OF PUBLIC POSITION.--No public officer, employee of an
agency, or local government arrorney shall corruprly use or attempt to use his or
her official position or any property or resource which may be wirhin his or her
trust, or perform his or her official duties, to secure a special privilege, benefit, or
exemption for himself, herself, or others. This section shall not be construed to
conflict with s. 104.31."
A violation of this section requires that the employee of an agency act in a "corrupt"
manner. The statutory definition of "corruptly" in Fla. Stat. ch. 112.312(7) not only requires that
the conduct complained of be done with a wrongful intent, it also required that the act or
omission be inconsistent with the proper performance of the public servant's public duties.
Kinzer v. State Comm'n on Ethics. 654 So. 2d 1007, 1995 Fla. APD. LEXIS 4994, 20 Fla. L.
Weeklv D 1122 (Fla. Dist. Ct. ADD. 3d Dist. 1995). Mr. Houldsworth was acting within the
normal duties of his position with respect to the Olde Cypress matter
1A
Florida Statutes Sec. 112.313(7) provides as follows:
(7) CONFliCTiNG EMPLOYMENT OR CONTRACTUAL RELATIONSHIP..-
(a) No public officer or employee of an agency shall have or hold any employment
or contractual relationship with any business emity or any agency which is
subject to rhe regulation of, or is doing business with, an agency of which he or
she is an officer or employee, excluding rhose organizarions and their officers
who, when acting in their official capacity, enler into or negotiate a collective
bargaining contract with rhe state or any municipality, county, or other political
subdivision of the state; nor shall an officer or employee of an agency have or
hold any employment or contractual relationship thar will create a continuing or
frequently recurring conflict between hili or her private inlerests and rhe
performance of his or her public duries or that would impede the full and faithful
discharge of his or her public duties.
1, When rhe agency referred ro is rhal certain kind of special tax districr created
by general or special law and is limited specifically to construcring, maintaining,
managing, and financing improvements in the land area over which rhe agency
has jurisdiction, or when the agency has been organized pursuant to chapter 298,
rhen employment with, or entering into a contractual relarionship with, such
business entity by a public officer or employee of such agency shall not be
prohibited by rhis subsection or be deemed a conflict per se. However, conduct by
such officer or employee that is prohibired by, or otherwise frusrrares the intent
of, rhis section shall be deemed a conflict of inreresr in violation of the srandards
of conduct ser forth by rhis section.
2. When the agency referred ro is a legislative body and the regulatory power
over rhe business entity resides in another agency, or when the regulatory power
which the legislative body exercises over the business entity or agency is strictly
through the enactment of laws or ordinances, then employmenr or a conrractual
relarionship with such business enrity by a public officer or employee of a
legislative body shall not be prohibited by this subsecrion or be deemed a conflict.
(b )This subsection shall not prohibit a public officer or employee from practicing
in a particular profession or occupation when such pracrice by persons holding
such public office or employment is required or permitted by law or ordinance.
I believe that this provision would have prohibited Mr. Houldsworth from working on
any OIde Cypress matter if he himself was employed by Olde Cypress. The fact that Mr.
HouIdsworth's wife was an officer with Olde Cypress simply does not bring him within the
umbrella of this statute.
Issue Seven
'1A
Similarly, Planning Commissioner Tor Kolflat has a personal interest in this matter due to
the fact that his daughter, Melissa Showalter, has been negatively impacted. Commissioner
'KoJflat's calls and meetings with County staff have resulted in more time, attention, and scrutiny
to this issue than would otherwise be the case. Due to his personal interest in the matter and the
fact that issues relating to the Grider residence may come before the BCC in its quasi-judicial
capacity, we also respectfully suggest that Commissioner Kolflat recuse himself from further
participation in this matter and leave it to Ms. Showalter and her attorneys to present her case.
Question: This appears to say Mr. Koflat cannot ask for public records or ask questions of
County Staff because he is a member of the Board's Planning Commission. Or does it need to be
stated Mr. Koflat must recuse himself of a vote, when and if the matter comes before the
Planning Commission?
Response: Mr. Kolflat is free, as is anyone else, to make a public records request.
Should his issue appear before the Planning Commission, my advise to Mr. Kolflat would be that
he state his conflict on the record, and that he recuse himself from consideration of the matter, in
order to avoid the appearance of impropriety and potential criticism, whether undue or otherwise.
Issue Eight
Much has been made of the fact that Mr. Grider is an attorney who works for a law firm
which represents Stock Development. Mr. Grider's relationship may have facilitated approval of
his home's architectural plans by the Architectural Review Board and Olde Cypress Master
Association controlled by Stock Development, although this is a subjective determination which
cannot be proven one way or the other. We are confident, however, that Mr.Grider's employment
or professional relationship with developer clients played no role in obtaining County approvals.
T may ask question on this statement at a latter time.
~A Page 1 of 1
KlatzkowJeff
From: KlatzkowJeff
Sent: Monday, December 10, 2007 5:06 PM
To: henning_t
Subject: Preserve Setback Issue
Attachments: LDCOrd[1 ],04-08.pdf
Commissioner: It looks like this single family exemption language was added in Cycle 3, 2003 (Ord.
04-84). A copy of the full ordinance is attached.
3,9.7.3. REQUIRED SETBACKS TO PRESERVES.
A. All principal structures shall have a minimum 25-foot setback from the boundary of
any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot
setback from the boundary of any preserve. There shall be no site alterations within the first
10 feet adjacent to any preserve unless it can b. demonstrated that it will not adversely impact
the integrity of that preserve. (Le.. Fill may be approved to be placed within 10 feet of the
upland preserve but may not be approved to be placed within 10 feet of a wetland preserve,
unless it can be demonstrated that it will not negatively impact that wetland.
B. Additional preserve buffers shall be applied to wetlands pursuant to Section
3.9.5.3.A.6.
3.9.7.4 EXEMPTIONS.
A. Single family residences are subject only to the applicable vegetation retention
standards found in 3.9.4.
B. Applications for development orders authorizing site improvements, such as an SDP
or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to
June 19, 2003 are not required to comply with the provisions of 3.9.7, formerly 3,9.5.5.6,
which were adopted on or after June i9. 2003.
Jeffrey A. Klatzkow
Chief Assistant County Attorney
(239) 774-8400
'1A
KlatzkowJeff
From:
Sent:
To:
Subject:
KlatzkowJeff
Friday, December 21,2007 10:56 AM
tuckersam
RE: Issue #5
I could not locate a discussion of this issue in the CCPC and BCC minutes.
Met with Mark Strain this morning and agree with him with respect to exemption 4b, which everyone
has previously overlooked. Exemption was apparently in response to Developer concerns with respect to
projects already in the pipeline. OJde Cypress Plats were recorded in 1999.
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a minimum, the
preservation standards contained within this section.
H. Preserve standards.
3. Required setbacks to preserves.
a. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve.
accessory structures and all other site alterations shall have a minimum 10-foot setback from the boundary of
any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be
demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved to be
placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland
preserve, unless it can be demonstrated that it will not negatively impact that wetland.
b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f.
4. Exemptions.
a. Single family residences are subject only to the applicable vegetation retention standards found in
3.05.07.
b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a
case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19,2003 are not required to
comply with the provisions of this section 3.05.07 fl., which were adopted on or after June 19, 2003.
1.08.02 Definitions
Development order: Any order, permit, determination, or action granting, denying, or granting with conditions
an application for any final local development order, building permit, temporary use permit, temporary
construction and development permit, sign pennit, well permit, spot survey, electrical permit, plumbing permit,
occupational license, boat dock permit, HV AC permit, septic tank permit, right-of-way permit, blasting permit,
excavation permit, construction approval for infrastructure (including water, sewer, grading, and paving),
approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan
amendment, flood variance, coastal construction control line variance, vegetation removal permits, agricultural
clearing permits, site development plan approval, subdivision approval (including plats, plans, variances, and
amendments), rezoning, PUD amendment, conditional use (provisional use), variance, or any other official,
action of Collier County having the effect of permitting development as defined in this Code.
1
1A
Jeffrey A. Klalzkow
Chief Assistant County Attorney
Telephone: (239) 774-8492
Fax: (239) 530-6600
From: tuckersam
Sent: Thursday, December 20, 2007 12:41 PM
To: KlatzkowJeff
Subject: Issue #5
Jeff:
In your Memo to Commissioner hand.deliveredthis morning; clarification is needed on Issue #5. Your response is "..wfth
my understanding.......". Can you please specifiy what you base your understanding on and please provide the minutes
associated.
Also: how or has the intent or location of the exemption in the LDC and UDC (through the various changes/codifications
made) modified the intent of the meaning and were the BCC members told of this impact?
Please advise.
Thank youl
Sam
2
r'jA
KlatzkowJeff
From:
Sent:
To:
Subject:
KlatzkowJeff
Thursday, December 20, 2007 1 :23 PM
tuckersam
RE: Issue #5
With respect to the first question, my understanding is based upon how I read the LDC as a whole. It is also
based on my understanding that the legislative purpose of imposing a 25 foot setback from a preserve is to (I)
reduce encroachment into the preserve; and more importantly, (2) provide a buffer against falling trees and
brush fires. It would make no sense to protect commercial or multifamily buildings from brush fires by
requiring a 25 foot buffer to a preserve, but exempt single family homes. Having said that, I will instruct my
staff to go through the minutes of the CCPC and BCC during this LDC cycle and pull all discussions relating to
this matter.
With respect to the second issue, I do not believe that relocating any provision from one portion of the LDC to
another changes its meaning, absent express Board intent that the meaning of the provision change.
Jeffrey A. Klatzkow
Chief Assistant County Attorney
Telephone: (239) 774-8492
Fax: (239) 530-6600
From: tuckersam
Sent: Thursday, December 20,2007 12:41 PM
To: KlatzkowJeff
Subject: Issue #5
Jeff:
In your Memo to Commissioner hand.deliveredthis morning; clarification is needed on Issue #5. Your response is ....with
my understonding......:'. Can you please specifiy what you base your understanding on and please provide the minutes
associated.
Also: how or has the intent or location of the exemption in the LDC and UDC (through the various changes! codifications
made) modified the intent of the meaning and were the BCC members told of this impact?
Please advise.
Thank youl
5am
1
1 A Page 1 of 1
KlatzkowJeff
From: KlatzkowJeff
Sent: Wednesday, December 19, 2007 8:57 AM
To: henning_t'
SUbject: FW: Grider Permit History
Attachments: Permit History.pdf
Commissioner: In keeping with your request.
Jeffrey A. Klatzkow
Chief Assistant County Attorney
(239) 774-8400
From: AlthouseTammy
Sent: Wednesday, December 19, 20078:44 AM
To: KlalzkowJeff
Subject: Permit History
Jeff,
Attached is the permit history for the property in question. From what I am told by Donna and Stan C. there is no
permit required to demo a sidewalk, Stan asked that I have you call him in order for him to explain this better.
He says that they can remove the sidewalk for building purposes under the building permit and some times they
have them replace it after construction is done. Me believes that this was removed in order to put the driveway
in. Please advise if you need any further information from me. You can reach Stan at ext. 5751.
Tammy
1A
,
FW: Issue #5
Page I of2
Munoz, Silvia
From: tuckersam [SamTucker@colliergov,neIJ
Sent: Friday, December 21,200711:26 AM
To: henning_t
Subject: FW: Issue #5
From: K1atzkowJeff
Senti Friday, December 21, 2007 10:56 AM
To: tuckersam
Subject: RE: Issue #5
I could not locate a discussion of this issue in the CCPC and BCC minutes.
Met with Mark Strain this morning and agree with him with respect to exemption 4b, which everyone has
previously overlooked. Exemption was apparently in response to Developer concerns with respect to projects already
in the pipeline. Olde Cypress Plats were recorded in 1999.
1.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation
standards contained within this section.
H. Preserve standards.
3, Required setbacks to preserves.
a. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. accessory
structures and all other site alterations shall have a minimum I O-foot setback from the boundary of any preserve. There
shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not
adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland
preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that
it will not negatively impact that wetland.
b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 FJ.f.
4. Exemptions.
a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07.
b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by
case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the
provisions of this section 3.05.07 H., which were adopted on or after June 19,2003.
1.08.02 Definitions
2/6/2008
1A
fW: Issue #5
Page 2 of2
Development order: Any order, permit, determination, or action granting, denying, or granting with conditions an
lPplication for any final local development order, building permit, temporary use permit, temporary construction and
development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license,
boat dock permit, HV AC permit, septic tank permit, right-of-way permit, blasting permit, excavation permit,
construction approval for infrastructure (including water, sewer, grading, and paving), approved development of
regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal
construction control line variance, vegetation removal permits, agricultural clearing permits, site development plan
approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment,
conditional use (provisional use), variance, or any other official action of Collier County having the effect of permitting
development as defined in this Code.
Jeffrey A. Klatzkow
Chief Assistant County Attorney
Telephone: (239) 774-8492
Fax: (239) 530-6600
From: tuckersam
Sent: Thursday, December 20, 2007 12:41 PM
To: KlatzkowJeff
Subject: Issue #5
leff:
In your Memo to Commissioner hand-deliveredthis morning; clarification is needed on Issue #5. Your response is "..with my
understanding........'. Can you please specifiy what you base your understanding on and please provide the minutes associated.
Also: how or has the intent or location of the exemption in the LDC and UDC (through the various changes/codiflcations made)
modified the intent of the meaning and were the BCC members told of this impact?
Please advise.
Thank youl
Sam
2/6/2008
1A
FV': 01d~ Cypress Preservation Setback Matters
Page] of6
Munoz, Silvia
From: SlrainMark [MarkSlrain@colliergov,neIJ
Sent: Tuesday, January 01, 2008 8:57 PM
To: mpslraln@comcastnet
Subject: FW: Olde Cypress Preservation Setback Matters
Mark Strain
-----Original Message----
From: SchmittJoseph
Sent: Fri 12/28/20075:26 PM
To: StrainMark
Subject: FW: Olde Cypress Preservation Setback Matters
Mark
,eference the .mail trail below, I'm not sure what Jeff is trying to say here. Are you of the opinion that the 25 ft. setback did not apply in this
case?
Joe
Joseph K. Schmitt
Administrator
Community Development and Envirorunental Services Division
office - (239) 403-2385/2390
oell -- 595-9751
"Balancing the demands of growth and the demands ofthe community"
Prom: KJatzkowJeff
sent: Friday, December 28,2007 8: 11 AM
fo: SchmittJoseph
:c: IstenesSusan
subject: RE: Old. Cypress Preservation Setback Matters
;uggest Susan get with Mr. Strain on this issue, as he has kept documents from this LDC cycle that give insight into the issue.
2/6/2008
1A
FW: Olde Cypress Preservation Setback Matters
Page 2 of6
Telliey A: Klatzkow
Chief Assistant County Attorney
Telephone: (239) 774-8492
Fax: (239) 530-6600
From: SchmittJoseph
Sent: Thursday, December 27,20076:15 PM
To: KlatzkowJeff
Cc: IstenesSusan
Subject: RE: Olde Cypress Preservation Setback Matters
Jeff
I believe that this is the same provision that Larry Farese discussed with Susan and I and that Margaret Cooper and I later discussed and that
she now points out in her most recent letter to Code Enforcement refuting the NOV. Problem is since 1991, the Coilier County Land
Development Code required the developer to provide non-exclusive easements or tracts in favor ofCanicr County, without maintenance
obligation, for ail protected/pres.rve areas required to be designated on the preliminary and fmal subdivision plats. Any buildable lot or parcel
.mbject to or abutting a protected/preserve area required to be designated on the preliminary and fmal subdivision plats was required to have a
minimum 25-foot setback from the boundary of such protected/preserve areas in which no principal structure may be constructed.
That said, I agree and now believe that there is defmitely an argwnent to defend the application of the exemption. However, the exemption was
really applicabie to the preservation standards for commercial and residential development, I.e. percent preserves, etc., and not to setbacks.
Bottom line - I recommend that you, Susan and I meet to discuss. I will get you a copy of the letter I received yesterday from Margaret
Cooper. I have now doubt that she will proceed with this argument at the CEB so we need to determine how we are going to proceed. It is
probably time for the Zoning Director to review and render and uofficial interpretation" on this entire issue and then let those who believe the
opinion to be not in their favor file for an appeal to tho BZA.
Joe
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office -- (239) 403-2385/2390
cell .. 595-9751
"Balancing the demands of growth and the demands ofthe community"
. From: Klatzkow J eff
Sent: Thursday, December 27, 2007 3:09 PM
To: SchmittJoseph
2/6/2008
1A
FW: Olde Cypress Preservation Setback Matters
Page3 of 6
Subject: RE: Olde Cypress Preservation Setback Matters
Joe:
I met with Mark Strain last Friday and agree with him with respect to exemption 4b, which everyone has previously overlooked. Exemption
was apparently in response to Developer concerns with respect to projects already in the pipeline, Olde Cypress Plats were recorded in J 999.
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this
section.
,- H. Preserve standards.
3. Required setbacks to preserves.
a. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. accessory structures and all other site
alterations shall have a minimum 10-foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet
adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved
to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be
demonstrated that it will not negatively impact that wetland.
b, Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f.
4, Exemptions.
a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07.
b. Applications for development orders authorizing site improvements, such as an SDP or FSP and. on a case by case basis, a PSP. that are
submitted and deemed sufficient prior to June 19,2003 are not required to comply with the provisions of this section 3.05.07 H., which were
adopted on or after June 19, 2003.
2/6/2008
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FW: Olde Cypress Preservation Setback Matters
Page 4 of6
1.08.02 DefInitions
Development order: Any order, pennit, determination, or action granting, denying, or granting with conditions an application for any fmal Jocal
development order, building pennit, temporary use penn it, temporary construction and development p.nn!t, sign penni~ well penni~ spot
survey, electrical penni~ plumbing pennit, occupational license, boat dock pennit, HV AC pennit, septic tank penni!, right-of-way penni!,
blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, and paving), approved
development of regional impact (DR!), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction
control line variance, vegetation removal penuits, agricultural clearing penn its, site development plan approval, subdivision approval
(including plats, plans, variances, and amendments). rezoning, POD amendment, conditional use (provisional use), variance, or any other
official action of Collier County having the effect ofpennitting development as defmed in this Code.
Jeffrey A. Klatzkow
Chief Assistant County Attorney
Telephone: (239) 774-8492
Fax: (239) 530-6600
From: ScllmittJoseph
Sent: Thursday, December 27, 2007 2:57 PM
To: Bob Mulhere; burgesoD_b; lorenz_w; mason_s
Cc: KlatzkowJeff; weigel_d
Subject: RE: Olde Cypress Preservation Setback Matters
Bob.
In that this issue involves potential litigation, we will provide a cursory review and response. If you wish to have staff conduct any detailed
research I will have to charge an applicable fee.
Joe
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office -- (239) 403-2385/2390
cell.- 595-9751
"Balancing the demands of growth and the demands of the community"
From: Robert Mulhere [mailto:rim@consult-rwa CQill]
2/6/2008
1A
FW: Olde Cypress Preservation Setback Matters
Page 5 of6
~ent Thursday, December 27,20072:25 PM
.'0: burgesoD_b; lorenz_w; masoD_s
Cc: SchmittJoseph
Subject: RE: Olde Cypress Preservation Setback Matters
Please see below (revised to correct typos and add clarity).
From: Robert Mulhere
Sent: Thursday, December 27, 2007 I :22 PM
To: burgeson_b; 'lorenz_wI; masoD_s
Cc: 'SchmittJoseph'
Subject: OJde Cypress Preservation Setback Matters
Barbara, Bill and Susan:
I have been asked by Clay Brooker to review Larry Farese's fmdings relative to the above matter. Farese's report to the BCC does not indicate
that he spoke directly with any envirornnental staffr.garding this matter. Focusing strictly on the preserve setback issue, I would like for
someone (presumably Barbara, who would have the best historical perspective) to respond to the following questions:
I. Does envirornnental staff agree that the LDC preserve setback requirements (Section 3.05.07) do not apply to single family lots based
upon the exemption language set forth in 3.05.07.027
2. If the answer to above is no, then what explanation is there for the exemption language? What, in the opinion of environmental staff,
was the purpose of the single family exemption language in the LDC7 Is it an unfortunate placement in the LDC7
3. Is there any specific language or policy in the GMP requiring a 25 foot upland buffer adjacent to jurisdictional wetlands or required
preserves in the urban area7 (I have looked and can fmd such language for the Rural Fringe but not specifically for tho urban area, but perhaps I
missed it).
4, Since the SFWMD has a rule that requires a minimum 15 foot and average 25 foot upland buffer adjacent to wetlands, do you have an
opinion as to why that was not required in the Olde Cypress ERP pennit.th. conservation easem.nts required as part of the district pennit
reflect numerous areas where there is no upland buffer between the wetland and the platted parcel. (1 have also emailed the District to see
what response they have.)
5. If the answer to question #1 is yes, on what basis have numerous PUDs have been required to insert language requiring the 25 foot
principal and 10 foot accessory sethacks from preserves (applicable to all development including single family development). The reason has
consistently been that it is required by GMP and LDC. Given the language in the LDC potentially exempts single family lots, was this applied
incorrectly and unfairly7 Again, there may be an argument that it is applicable ifth.re is GMP language requiring it, regardless of the
confusing and possibly unintended single family exemption language in the LDC.
6. Can you provide me with the names of any PUDs where the preserve setback was applied to single family lots at the time of building
penn it issuance, particularly PUDs approved in the 1999 to 2000 timeframe7
7. Assuming that the single family exemption from preserve setbacks does apply, certainly the requirement for such setback during
'ubdivision was applicable (Section 1 0.02,04.B.I), and was not applied when the subject tracts were subdivided. In the opinion of
mvironmental staff, should the preserve setback have been applied in accordance with Section IO,02.04.B.I, a the time this tract of the Olde
2/6/2008
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FW: Olde Cypress Preservation Setback Matters
Page 6 of6
Cypress PUD was platted? Should this not have occurred wither through a separate huffer tract at the time of plat approval or, if not, then
pplied at the time of penn it issuance?
Rohert J. Mulhere, AlCP
Senior Vice President
RWA, Inc.
6610 Willow Park Drive
Suite 200
Naples, FL 34109
(239) 597-0575 phone
(239) 597-0578 fax
www.consult-rwa.com <htto:!lwww .consult~rwa. coml>
2/6/2008
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Page 1 of 4
Munoz, Silvia
From: SchmittJoseph [JosephSchmitt@colliergov,net]
Sent: Friday, December 28,2007 5:27 PM
To: StrainMark
Subject: FW: aide Cypress Preservation Setback Matters
Mark
Reference the email trail below, I'm not sure what Jeff is trying to say here, Are you of the opinion that the 25 It, setback did not
apply in this case?
:JM-
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: KlatzkowJeff
Sent: Friday, December 28,20078:11 AM
To: SchmitUoseph
Cc: IstenesSusan
Subject: RE: aide Cypress Preservation Setback Matters
Suggest Susan get with Mr. Strain on this issue, as he has kept documents from this LDC cycle that give insight into
the issue.
Jeffrey A. Klatzkow
Chief Assistant County Attorney
Telephone: (239) 774-8492
Fax: (239) 530-6600
From: SchmitUoseph
Sent: Thursday, December 27,2007 6:1S PM
To: KlatzkowJeff
Ce: IstenesSusan
Subject: RE: Olde Cypress Preservation Setback Matters
Jeff
I believe that this is the same provision that Larry Farese discussed with Susan and I and that Margaret Cooper and I later
discussed and that she now points out in her most recent letter to Code Enfcrcement refuting the NOV. Problem is since 1991,
the Collier County Land Development Code required the developer to provide non-excluslve easements or tracts in favor of
Collier County, without maintenance obligation, for al/ protectedlpreserve areas required to be designated on the preliminary and
final subdivision plats, Any buildable lot or parcel subject to or abutting a protectedlpreserve area required to be designated on
the preliminary and final subdivision plats was required to have a minimum 25-foot setback from the boundary of such
protectedlpreserve areas in which no principal structure may be constructed.
That said, I agree and now believe that there is definitely an argument tc defend the application of the exemption. However, the
exemption was really applicable to the preservation standards for commercial and residential development, i.e. percent preserves,
2/6/2008
t-'{A
Page 2 of 4
"tc" and.not to setbacks. Bottom line -I recommend that you, Susan and I meet to discuss. I will get you a copy of the letter I
~ceived yesterday from Margaret Cooper. I have now doubt that she will proceed with this argument at the CEB so we need to
determine how we are going to proceed, It is probably time for the Zoning Director to review and render and 'official
interpretation" on this entire issue and then let those who believe the opinion to be not in their favor file for an appeal to the BZA
~
Joseph K, Schmit!
Administrator
Community Development and Environmental Services Division
office - (239) 403-238512390
cell - 595.9751
"Baiancing the demands of growth and the demands of the community"
From: KlatzkowJeff
Sent: Thursday, December 27, 20073:09 PM
To: SchmlttJoseph
Subject: RE: Olde Cypress Preservation Setback Matters
Joe:
I met with Mark Strain last Friday and agree with him with respect to exemption 4b, which everyone has
previously overlooked. Exemption was apparently in response to Developer concerns with respect to projects already
in the pipeline. Olde Cypress Plats were recorded in 1999,
1.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation
standards contained within this section.
H. Preserve standards.
3. Required setbacks to preserves.
a. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. accessory
structures and all other site alterations shall have a minimum 10-foot setback from the boundary of any preserve. There
shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not
adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland
preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that
it will not negatively impact that wetland.
b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f.
4. Exemptions.
a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07.
b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by
case basis, a PSP, that are submitted and deemed sufficient prior to June 19,2003 are not required to comply with the
provisions of this section 3.05.07 H., which were adopted on or after June 19,2003.
1.08.02 Definitions
Development order: Any order, permit, determination, or action granting, denying, or granting with conditions an
2/6/2008
"fA
Page 3 of4
'pplication for any final local development order, building permit, temporary use permit, temporary construction and
,evelopment permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license,
boat dock permit, HV AC permit, septic tank permit, right-of-way permit, blasting permit, excavation permit,
construction approval for infrastructure (including water, sewer, grading, and paving), approved development of
regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal
construction control line variance, vegetation removal permits, agricultural clearing permits, site development plan
approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment,
conditional use (provisional use), variance, or any other official action of Collier County having the effect of permitting
development as defined in this Code.
Jeffrey A. K.!atzkow
Chief Assistant County Attorney
Telephone: (239) 774-8492
Fax: (239) 530-6600
From: SchmlttJoseph
Sent: Thursday, December 27, 2007 2:57 PM
To: Bob Mulhere; burgeson_b; lorenz_w; mason_s
Ce: KlatzkowJeff; welgeLd
Subject: RE: Olde Cypress Preservation Setback Matters
Bob,
In that this issue involves potential litigation, we will provide a cursory review and response. If you wish to have staff conduct any
detailed research I wil/ have to charge an applicable fee.
J=
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: Robert Mulhere [mailto:rjm@consult-rwa.com]
Sent: Thursday, December 27, 2007 2:25 PM
To: burgeson_b; lorenz_w; mason_s
Ce: SchmlttJoseph
Subject: RE: Olde Cypress Preservation Setback Matters
Please See below (revised to correct typos and add clarity).
From: Robert Mulhere
Sent: Thursday, December 27, 2007 1 :22 PM
To: burgeson_b; 'Iorenz_w'; mason_s
Ce: 'SchmittJoseph'
Subject: Olde Cypress Preservation Setback Matters
Barbara, Bill and Susan:
I have been asked by Clay Brooker to review Larry Farese's findings relative to the above matter. Farese's report to the BCC
10es not indicate that he spoke directly with any environmental staff regarding this matter. Focusing strictly on the preserve
2/6/2008
1A
Page 4 of 4
setback issue, I would like for someone (presumably Barbara, who would have the best historical perspective) to respond to the
,'ollowing questions:
1. Does environmental staff agree that the LDC preserve setback requirements (Section 3.05.07) do not apply to single
family lots based upon the exemption language set forth in 3.05.07.02?
2, If the answer to above is no, then what explanation is there for the exemption language? What, in the opinion of
environmental staff, was the purpose of the single famiiy exemption language in the LDC? Is it an unfortunate placement
in the LDC?
3. Is there any specific language or policy in the GMP requiring a 25 foot upland buffer adjacent to jurisdictional wetlands
or reauired preserves in the urban area? (I have looked and can find such language for the Rural Fringe but not
specifically for the urban area, but perhaps I missed it).
4. Since the 5FWMD has a rule that requires a minimum 15 foot and average 25 foot upland buffer adjacent to wetlands,
do you have an opinion as to why that was not required in the Olde Cypress ERP permlt...the conservation easements
required as part of the district permit reflect numerous areas where there is no upland buffer between the wetland and
the platted parcel. (I have also emalled the District to see what response they have.)
5. If the answer to question #1 is yes, on what basis have numerous PUDs have been required to insert language requiring
the 2S foot principal and 10 foot accessory setbacks from preserves (applicable to all development including single
family development). The reason has consistently been that It is required by GMP and LDC. Given the language in the
lOC potentially exempts single family lots, was this applied incorrectly and unfairly? Again, there may be an argument
that it is applicable if there is GMP language requiring it, regardless of the confusing and possibly unintended single
family exemption language in the lOC.
6. Can you provide me with the names of any PUDs where the preserve setback was applied to single family lots at the
time of building permit issuance, particulariy PUDs approved in the 1999 to 2DOO timeframe?
7. Assuming that the single family exemption from preserve setbacks dces apply, ce'rtainlythe requirement for such
setback during subdivision was applicable (Section 1O.02.04.B.l), and was not applied when the subject tracts were
subdivided. In the opinion of environmental staff, should the preserve setback have been applied in accordance with
Section 1O.02.04.B.1, a the time this tract of the Olde Cypress PUD was plalled? Should this not have occurred wither
through a separate buffer tract at the time of plat approval or, if not, then applied at the time of permit issuance?
Robert J. Mulhere, AICP
Senior Vice President
RW A, Inc.
6610 Willow Park Drive
Suite 200
Naples, FL 34109
(239) 597-0575 phone
(239) 597-0578 fax
www consult-rwa.com
2/6/2008
Grider Residence-Olde Cypress
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Page I of 1
Munoz, Silvia
From: Cooper, Margaret L.
Sent: Monday, March 10,200810:31 AM
To: Munoz, Silvia
Subject: FW: Grider Residence-Olde Cypress
From: Ron Nino [mal/to:RNino@VANDAY,com]
Sent: Thursday, February 28, 2008 12:47 PM
To: Cooper, Margaret L.
Subject: Grider Residence-Olde Cypress
Hi Margie, I have carefully digested your letter for official interpretation to Susan Istenes, Collier County, Director
of Zoning & Land Development. I understand that you asked that I review and comment on the facts presented in
your assessment of Col/ier County LDC requirements as they apply in the context of the Grider Residence
citation. As usual your work is masterfully executed and your analysis of applicable LDC sections in my opinion is
absolutely correct.
Some observations are as fol/ows:
1. I agree that prior to 2002 Conservation areas were typically established to Include the 25 foot upland buffer to
jurisdictional wetland.
2. The PUD trumps any dimensional requirement in the LDC.
3. Prior to 2002 there was no ability to ask for deviations from dimensional requirements and deviations FKN as
substitutions were limited to design
standards for required improvements. Deviations from buffer requirements, setbacks and other LDC
requirements came Into being around 2003
4. Platted S.F lots were typically exempt from 25 foot setback from Preserve because 25 foot buffer was included
in preserve boundary or what was then
always a conservation easement pursuant to sect 704 and you are correct at that time not to the county,
5. Concur all conclusions
Thanks for asking for my help. If 1 can assist you further please advise,
Ron Nino.
Ron Nino
Senior Planner
VanasseDaylor
12730 New Brittany Blvd., Ste. 600
fort Myers, florida 33907
PH: 239-437-460 I
FX: 239-437-4636
Y:!:'fIW.van~,-com
... I~.... ',","'An
1~
FW: public records request
Page 1 of2
Munoz, Silvia
From: henning_t [TomHenning@colliergov,net]
Sent: Wednesday, November 21, 2007 2:39 PM
To: pwhite@porterwright.com
Subject: FW: public records request
Attachments: NOV.pdf
From: mudd.J
Sent: Wednesday, November 21, 2007 9:40 AM
To: hennlnfLt
Subject: fW: public reCDrds request
FYI.
From: SchmlttJoseph
Sent: Tuesday, November 20, 2007 7:08 PM
To: muddj
Ce: pui9Ji GrimshawHeather
Subject: RE: public records request
Jim
Attached are the 2 NOVs related to the 2 residents were the principal structure exceeds the limits for an administrative variance.
There are 6 additional residences (there is 5 and one possible which were are stili evaluating) were accessory structures encroach
beyond the 25% administrative variance limit. We have not issued NOVs for these additional residents. I intend to first send a
letter to notify the property of the encroachment and to seek voluntary compliance prior to issuing an NOV,
<<NOV,pdf>>
J=
Joseph K, Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-238512390
cel/- 595-9751
"Balancing the demands of growth and the demands of the community"
From: mUdd-J
Sent: Tuesday, November 20, 20074:37 PM
To: Schmittloseph
Cc: pui9-J; GrimshawHeather
Subject: FW: public records request
Joej
2/6/2008
~A
FW: public records request
Page 2 of2
FY A and reply. Joe, if you have issued the five others please include them.
Thanks, Jim
From: hennlng_t
Sent: Tuesdav, November 20, 2007 3:33 PM
To: muddj
Subject: public records request
I would like a copy of the NOV's issued in aide Cypress for setback from the Preserves. I am told there is two NOV's, but I'm not
positive. If possible please email the NOV's to me
2/6/2008
1A
Cas, Numb,r 2007101119
~
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner:
Jam.. L. Dunkelbere:er
Datt: 11107/01
Zoolne Dllt
LeE_I: SubdiYi.ioD
Mailing:
2968 Lone Pine Ln.
Napl.., FL 34119-9765
2968 Lone Pine Ln.
Unincorporated Collier County
Folio
LoCIfion:
NOTICE
PUrlu.nt to Collier County COD.olldated Code Enroreemcnt Ordin8Dte
No. 07-44, you are uotified that a violation(s) of the following
Collier Couoty Ordiuoce(s) and or POO Regulation(s)
ensts at the above-described location.
DOrd No.
DOrd No.
DOrd No.
DOn! No.
DOn! No.
DOrd No.
Section
Section
Section
Section
Section
Section
3.05.1
3.05.07H(3)
8.08,00B
8,08.00D
9,03.010
10.02.04B(1)
Fonnerly 91-
102
8ec.3.2.8.4.7(3)
04-41 IS amended
04-41 IS amended
04-41 IS amended
04-41 IS amended
0441 as amended
04-41 as amended
DESCRIPTION OF CONDmONS CONSTITUTING THE
VIOLATION(S).
Did Witness:
PrinciDal structure nt 2968 Lone Pine Ln. Nanles FI..
refereDce Collier Countv BuUdin!! Permit 1999100933.
encroachln!! 10.85' +1- Into the reoulred 25' ureserve
boond:;;; setback
nSUD lemeotal attacbed
INQUlRIES AND COMMENTS SHOULD BE DIRECTED TO CODE
ENFORCEMENT lNVESnOA TOR: Patrick Baldwin
2800 No. Horseshoe Dr. N8pl~. FL 34 104
(239) 252.5756 (j FOX:;39)4t.234> ~
Investigator signature l}~ ~
I?dd ~
VIOLATION STATUS:
(gJlnitial
DRecurring
ORepeat
IO\'Clflg.tor
Patrick Baldwin
rhODe: 239-252.S756
RSF See 21 Twp ~ Rnl:
Olde Cypress Unit 3 -----Ulock S Lot
26
27
64625005565
Pai::fl
OR Book
ORDER TO CORRECT VIOLA TIONrS\ :
You are directed by this Notice to take tbe followin2
corrective Bction(s)
Subiect orooertv mult comol" with .11 "Olde CVDren'" pun
IDruerve\ setblck renulrements.
Must reouest and obtain a scheduled ore-aoplicatlon meetln2' for
review of an "after.the-I.et'" variance reauest for any and all
setback encroachments found at 2968 Lone Pine Ln. within )0
work days after the reeeiot of this notice.
Mult submit I mmolete nd luMcient lllfterwthe-fact" variance
reaoest loollc:ation for any and III encroachments at the location in
aueation within 90 dl"l' Bfthe Dre-aDoliCltlon meetin!:
Or in the altern8tlve must obtain a Collier County Demolition
Permit within 30 dlYS after reeelot of this notice. You must execute
the demolition Dermlt bv abU'ninl' an reaulred inlDections throul!h
IISP.nce of a Certificate of Comoletion (or the removal of all non.
allowed structural encroaehmentl and re.vltia!: debri.. rmonoS!
all oremlses to a state of comDllance within 60 days after Illsuance
of be d mo tlon mil.
Su lemental attached
ON OR BEFORE:
200
Failure to correct violations may result io:
I) Mandatory notice to appear or issuance of a citation
that may result in fines up to SSOO and costs of
prosecution. OR
2) Code Enforcoment Board review that may result in
fines up to S1000 per day per violation, as long as the
violation remains, and costs ofprosecution~
SERVED BY:
DPersonal Service DCertified Mail DPo~ting of Property
OFax
OMan
Signature and Title of Recipient
Print
Dated this
07
day of Novornebr .2007
'1A
Case Numbe~ Z881181119
;:? 007 16 II.;L 0
@
COLLmR COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner:
Crail! D. Grider
Amber C. Grider
M.U~ng :
3148 SWldance circle
Naples. FL 34109-8911
2949 Lone Pine Ln.
Unincorpore.t.od Collier County
LocadoD:
D.te: 11/07107
Zooine Dial
Legal: Subdl"illoD
Folio
NOTICE
Punu.nt 10 CoUier County Consolidated Code Enforcement Ordinance
No. 07-44. you are notified tbat a vlolation(s) of tbe following
CoUler County Ordinance(s) and or PUD RegalatIon(s)
exists at tbe above-described location.
3.05.1
3.0S.07H(3)
8.08.00B
8.08.00D
9.03.01D
1O.02.04B(I )
Fonnerly 91-
102
Soo.3.2.8.4,7(3)
DESCRIPTION OF CONDITIONS CONSTITUTING THE
VIOLATION(S).
DOni No,
DOrd No,
DOrd No.
DOni No.
DOrd No.
DOni No.
04-41 as amended
04-41 as amended
04-41 as amended
04-41 as amended
04-41 as amended
04-41 as amended
Section
Section
SeCtion
Section
Section
Section
Did Witness:
Princinal structure at 2949 Lone Pine Ln. Naol.. FI..
reference Collier Couutv Buildiu2 Permit 2006063048.
encroacbin2 14.3' +1- into tbe reaulred 25' oreserve
boundrv setback.
Also 0001. reference oermlt 2006112129 encroachi02 4.7'
+ _ ioto tbe reseve bound setback.
Su lemental attacbed
INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE
ENFORCEMENT INVESTIOATOR: Patrick Baldwlo
2800 No. Horseshoe Or, Naples, FL 34104
(239) 252.5756 (\ ~"'~ (23j403-';43 L
Investigatorsignature ~~ F
VIOLATION STATUS: ~ &.~.
I8Ilnitial
DRoourring
DRepe.t
InvtldptoT
Patrick. Baldwin
PhODC: 239~2S2-S7S6
RSF See 21 Twp 48 Rnl 26
OldcCypTC5sUnil3-olock --s- Lot ~
64625005581
OR Book
4276
0575
rage
ORDER TO CORRECf VIOLA T10N(S) :
Vou are directed by this Notice to take the following
corrective action(s)
Subled Dromm must com nil' with all "'Olde CvnrelstJ pun
(oreaerve) sethBek reauirements.
MUlt reQuest and obt.ln a sr:heduled Dre~.DDlleatlon meetlnl!' for
review of .0 "'after~the-ract" variance reDuest for anv and all
utb.ck encroaehmentt found at 2949 Lone Pine Ln. within 10
work daY. after the reeelnt of this notice.
Must submit 8 comnlete and sufficient "aftcr-the-fact" variance
reouest .DDllation for aDV and .11 encroachments at the location in
Question within 90 daY. of the nre-annllatlon meetln2
Or In the alternative mUlt obtain a Comer Count\' Demolition
Permit within 30 dl'" after reecto! of this notice. You must execute
the demolition Bermlt bv obtalnl"!" .11 reoulred intmedions thl'Oul!h
Issuanee of. Certlftcate of Comnletlon for the removal of all 000-
allowed structural encroachments and reJultinll debris. restorlnl!'
.n nremlseI to . state of comull.nee within 60 davl after Issuance
ofth de ml .
Su lemental attached
ON OR BEFORE:
200
Failure to correct violatioos may result in:
1) Mandatory notic. to appear or issuance of a citation
that may result in fioes up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in
fines up to $1000 per day per violation, as long as the
violation remains, and costs of prosecution.
.
SERVED BY:
DPersonal Service DCertified Mail DPo~ting of Property
OF..
DMail
Signature and Title of Recipient
Print
Dated this
07
day of Novemebr I 2007
1A
February 7, 2008
Karla Benz
2886 Lone Pine Lane
Naples, FL 34119
RE: Administrative Variance, AVA-2007-AR-12780; subject property located at 2886
Lone Pine Lane, Folio # 641;25005248,
Dear Mrs. Benz;
Requests for variances for a structure for which a building permit and certificate of
occupancy Or a final development order has been granted may be approved
administratively by t~ Zoning Director. The survey of the subject property provided to
the Depariment of Zoning s,nd La4d Development Review in the application packet clearly
in,Iic!ltes that the existing rea,i'yard set back of the prirtcipal structure from the preserve is
23.6 feet, which is 0.4 feet less than the 25 feet required by the cUrrent Collier County
Land Development Code Ordinance 04.41.
Zoning Department staff has reviewed, the s,dministrative variance request for the structure
and has found that the encrollchment meets the criteria for granting the administrative
variance as outlined in Section 9.04.04 of the Collier County Land Development Code.
Further, the granting of this variance will not significantly' affect the s,ir and light
considerations of adjs,cent property owners.
You may wish to have this letter recorded in the official records of Collier County as a
permanent record of the variance approval.
If you should have any questions, please do 110t hesitate to contact me.
Sincerely,
Susan M. Istenes, AICP,Director
Department of Zoning and Land Development Review
CMW/rg
Cc: Correspondence file
Appl. Request by Type
cOPR5140 - Application Request by Request Type -
To 4/1/200~ and kR Type 'VARIA~CE, ~INISTRATIVE
AVA VARIANCZ, ADMINISTRATIVE
PROJ NBR PROJ NAME
APP NBR APP CODE STATUS STAGE
APPl, NAMi:,
OWN lolAMi:
PI.ANNER
307120004 240 19TH STREET SW
12637 AVA REJ,EASED TBL~DR_STAGE3
A(,:E AJ,UMINUM, mc
Di:NIS, TERESITA
JUAN SANCHEZ
:>07120009
12647
:>05040067
12673
J07120031
12705
~08010007
12720
.<::08010040
,
12780
)
/"
:>08010041
12781
/'
308010042
12782
.
I
"--'-.'
LOT 160, CROWN POIlolTE
AVA PENDING
SIESKY, PILON, WOOD,
i:LIAS, OVAOIA R
JUAN SANCHEZ
,EAS,!" 4973 T
TBL_DILSTAGE3
AND POTTER
7TH DAY ADVE~TIST CHURCH
AVA PENDING, TBL_DR...;STAGE3
COMMUNITY ENGINEERrNG SERVICES, IN.
SOUTHEASTERN CONFERENCE ASBC OF SE
MIKE SAWYER
NAPLES PARK, UNIT 6
AVA PENDING TBL_DR_STAGE3
CRAIG D,Br.U!:IE, P,A.
JOHN AND RENEE SALO!:lON
CHRISTINE WILLOUGHBY
7506 TREELINE DRIVE
AVA Ri:LEASEO
BELCHER, STEPHi:N P~.
BELCHER~ STEPHEN F=.
CHRISTINi: WILLOUGHBY
TBL_DR_STAGE3
SHERRY E
SHERRY E
2886 LONE PINi: I.ANi:
AVA RELEASED TBL_DR_STAGE3
KARLA 1, BENZ
BENZ, KAIUA 1,
CHRISTINi: WILLOUGHBY
2918 LONE PINE LANE
AVA RELEASED TBL_DR STAGE3
CHARLES ,AND SUZANNE SJ,AGHT
SLAGHT, CHARLES C=& SUZANNE G
CHRISTINE WILLOUGHBY
2936 LONE PINE LANE
AVl\ RELEASED TBL--:DR_STAGE3
BARBARA DE V!NE
DE VrNE"'r.R, BARBARA J
CHRIST':rNE$ WILLOUGHBY
~~ "',
,.,....,.~-
! ;
I..~,"
Collier County
CD- Plus for Windows 95/9B/NT
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SELECTION FORMULA: qpen Date From 12/1/2007
OPEN DATE
liCPT DAT E
APPl, PHONE
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OPEN USER
ACPT USER
EXPIRES
12/7/2007 LEVYMIKE
12/14/2007 PHILLIPS_S
(239)793-0777
12/12/2007 LEVYMIKE
12/20/2007 PHILLIPS S
(239)263-8282 -
(239) 825-2586
12/19/2007 bANELLECARREL
12ft9/2007 LEADERENCE
(239) 936~9777
(352) 735-3142
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(239)417-4848 -
(312) 588-7104
1/4/2008 SEABASTY_J
1/31/2008 HEATHERRAMIRE
(239)598-1198
(239) 598-1198
1/24/2008 DANELLECARREL
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(000)000-0000
1/24/2008 DANELLECARREL
1/31/2008 HEA'!'HERRAMIRE
(239)398_4884
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(2391254~n95
"(oiM-
JSnl ~t,1-l
Printed on,' 04/01/2008 7: 27: 4 6AM
Page i. of 4
CDPR5140 - Application Request by Request type -
To 4/1/2008 and AR Type VARIANCE, ADMINISTRATIVE
AVA VARIANCE, ADM:tNr:Sm~IVE
PROJ NBR PROJ NAME
At'P NBR APP CODE
Ai'I'LNAME
OWN NAME
PLANNEi\
2952 LONE PINE LANE
AVA RELEASED TBL_OR_STAGE3
JACQUELINE A URSO
URSO, JACQUELINE A
CHRISTINE WILLOUGHBY
/
~08010043
12783
./'
~08010044
12785
~8010045
12786
~08010046
12787
/
~08010047
12788
/
~08010048
12789
/
~08010049
12790
/
~08010050
12791
/
~08010051
12792
STATUS
STAGE
2956 LONE PINE LANE
AVA REL~SEO TBL DR STAGE3
ERICH D AND BEATA 0 MOOR
MOOR, ERICH D~& BEATA D
CHRISTINE WILLOUGHBY
2933 LONE PINE LANE
AVA RELEASED
SIMON MICHAEL BUTLER
BUTLER, SIMON MICHAEL
CHRISTINE WILLOUGHBY
TBL DR STAGE3
7504 TREELINE DRIVE
AVA RELEASED TBL DR STAGE3
STEPHEN AND ROBIN SCHILLER-
SCHILLER, STEPHEN J~& ROBIN K
CHRISTINE WILLOUGHBY
7524 TREELINE DRIVE
AVA RELEASED TBL OR STAGE3'
STEVEN AND GAIL SACKNOFF
SACKNOFF, STEVEN~& GAIL
CHRISTINE WILLOUGHBY
7544 TREELINE DRIVE,
AVA RELEASED T8L OR STAGE3
MICHON AND HENRY FLOREANI
FLOREANI, MICHON=& HENRY
CHRISTINE WILLOUGHBY
7555 TREELINE DRIVE
AVA RELEASED TBL_OR_STAGE3
KIMBERLY MARIE SCHMIDT
SCHMIDt, KIMBERLY MARIE
CHRISTINE WILLOUGHBY
2852 WILD ORCHARD COURT
AVA RELEASED TBL_DR_STAGE3
ROBERT AND TAMERA HANSON
HANSON, ROBERT E~. TAMERA A
CHRISTINE WILLOUGHBY
2847 WILD ORCHARD COURT
AVA RELEASED TBL_OR_STAGE3
ROBERT AND SANORA SWANSON
SWANSON, ROBERT J~& SANDRA A
CHRISTINE WILLOUGHBY
Collier County
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OPEN DATE OPEN USER
ACPT DATE ACPT USER
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EXPIRES
1/24/2008 DANELLECARREL
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(239)591-2006
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(000)000-0000
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HEATHERRAMIRE
1/24/2008
1/3112008
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1/24/2008
1/31/2008
OANELLECARREL
HEi>.THERRAMIRl':
1/24/2008 DANELLECARREL
1/31/2008 HEATHERRAMIRE
1239)903-1250
1/24/2008 DANELLECARREL
1/31/2008 MICHELEMCGON~
1239) 287-6i12
1/24/2008
1/31/2008
DANELLECARREL
MICHELEMCGON~
1/24/2008 OANELLECARREL
1/31/2008 M!CHELEMCGONA'
(239) 597-8290
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'1l
CDPR5140 - Application Request by Request Typ~ - SELECTIQN FORMULA: Open Date From 12/1/2007
To 4/1/2008 and AR Type VARIANCE, ADMINISTRATIVE
AVA VARIANCE, ADMINI8TRA'l'IVE
P!l.OJ NBR
APP NBR
308020010
12863
308020014
12881
/
308020015
12886
/
308020016
,12867
/
306020017
12668
305050002
13005
308030012
13042
19991310
13075
305050026
13066
P!l.OJNAME
APP CODE STATUS STAGE
APPL NAME
OI'lN NAME
PLANNER
3507 CAIJOOSA STIlEET,
AVA PENDING TBL_DR_STAGE3
PEDRO & MARILiN NUNEZ
NUNEZ, PEDROe& MARILIN
JOHNNY SANCHEZ
OPEN DATE OPEN USER
ACPT DATE ACPT USER EXPIRES
AP,PL PIlONJi:
OWN PHONE
2/7/2008 D~Ji:LLJi:CARREL
2/19/2006 PHILLIPS_S
(239) 793-6823
PELICAN BAY, UNIT 1
AVA PENDING
JOHN P WHITE; P.A.
ZAHNA MURRY TR
JUAN SANCIlEZ
2/13/2008 DANELLJi:CARREL
TBL_lJR_STAG..l
(239) 649-777'1
7540 TRJi:ELINE DRIV~
AVA RELEASED TBL DR STAGE3
LEWIS "ND JEJl.NNE DERVIN
DERVIN, LEWISe& JJi:ANNS M
CHRISTINE WILLOUGHBY
U13/2006
2/20/2008
DANELLECARREL
PIlILLIPS_S
2902 LONE PINE LANE
AVA PENDING
VINCENT AND FRANCINE
ORLANDO, VINCENTAc~
CIlRISTINE WILLOUGIlBY
2/13/2006
2/2Q/2008
DANELLECARREL
PHILLHS_S
TBL_DR",STAGE3
ORLANDO
FRANCINE
2948 LONE PINE LANE
AVA, pENDING, TBL_DR_STlIGE3
PAUL AND JACKLYN OMDOLL TRUST
OMDOLL TR, PAUL Ac& JACKLYN
CHRISTINE WILLOUGHBY
2113/2008
2/20/2008
DANELLECARREL
PHIl;LI PS S
THE RETREJl.T DEL SOt. AT PORT OF THE,
AVA PENDING TBL_DR_STAGE2
COASTAL ENGINEERING CONSOLTANTS
THE ISLANDS MARINA LLC
MIKESAWYE:R
3/6/2008 DAN~LECARREL
3/6/2008 MONROIG' r
(239) 643-2324
PELICAN BAY UNIT 4
AVA PENDING TBL_DR_STAGEZ'
GOODLETTE, COLEMAN, JOHNSON, YdVA~
CHARLES AND SANDRA SCHMALZ
JOHNNY SANCIIEZ
3/14/2008 DANELLECARREL
3/21/2008 PHILLIPS_S
(239)435-3535
(239)591-1593
NAPLES
AVA
NAPLES
NAPl,E:S
ASHLEY
BOTANICA4 GARDENS
PENDING TB4_DR_STAGE2
BOTANICAL, GARDENS, INC.
BO~ANICAL GARDENS, INC
CASERTA
3/20/2008 SEABAS~Y J
3/20/2008 SMITH G
(239) 643-7275
(239) 634-7275
NEW HOPE MINISTRIES PHASE 2
AVA PENDING TBL DR STAGE2
DAVIDSON ENGJNEERING, rNC - -
NEW HOPE: MINISTRIES INC
MELISSA ZONE
3/24/2008 D}\NELLECARREL
3/27/2008 DANELLECARREL
(2391434-6060
(239 I 346-0122
Collier County
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1A Page I of2
Cooper, Margaret L
From: Tom Henning [henning.tom@gmail.com]
Sent: Monday, February 11,20087:26 AM
To: tuckersam
Subject: FW: Proposed mtg.wiTom Henning
From: Tom Henning [mallto:hennlng.tom@gmall.com]
Sent: Sunday, December 16, 2007 6:09 PM
To: 'Diane Ebert'
Subject: RE: Proposed mtg.wfTom Henning
Diane, This is a Mudd issue. If I was to demand an employee be reprimanded for an action it would violate the
county manager's ordinance. The Commissions have a workshop JanuarY 8111. Mr. Mayberry will be disappointed
if I come out there and tell him there is little that I can do. I will get as much info as possible to you before you
leave for Christmas
From: Diane Ebert [mailto:jodiebert@comcast.net]
Sent: Sunday, December 16, 2007 4:47 PM
To: Tom Henning
Subject: FW: Proposed mtg.wfTom Henning
From: mayberrygene@aim.com [mailto:mayberrygene@aim.com]
Sent: Sunday, December 16, 2007 12:06 PM
To: jodiebert@corricast.net
Subject: Proposed mtg.wfTom Henning
Dear Diane, ConfIrming our recent conversation, it is suggested a meeting with Tom Henning and
interested Dlde Cypress neighbors be held on Tuesday, January 8, 2008. Issues to be addressed are as
follows; 1.) I was repeatedly assured by John Houldsworth that a clearing permit for the Vita Tuscana
PUD would not be issued until there was substantive support that the developer was prepared to move
forward to the next phase of the project within thirty to sixty days. Please provide the data that
supported the clearing permit 2.) The developer (Empire Builders) then proceeded to excavate and
fill. After the land had been considerably disfigured the County apparently stopped further alteration of
the landscape, and we now have a very unsightly mess, which is an understatement. These two actions,
I believe, proceeded in violation of the County's policies/procedures governing this type of
development. I would like the names of the individuals that have caused this damage and the
disciplinary action that has been taken. Additionally, we would like to know the remedial action that
has been taken against Empire Builders and Stock Development. Stock Development has been a partner
with Empire Builders by virtue of granting Empire Builders access to this land and providing Dlde
Cypress community privileges, and they have a responsibility in this "mess." As a separate note, in
respect to Stock's sale of Dlde Cypress, we need to know the dollar value included in the sell price to
cover liabilities for closure of the Dlde Cypress PUD. It would seem prudent to engage our attorney to
protect our substantial vested interest. Gene
2/11/2008
~A
Page I of I
Munoz, Silvia
From: Tom Henning [henning,tom@gmail.com]
Sent: Monday, February 11, 2008 7:31 AM
To: ' tuckersam
Subject FW: olde cypress
Attachments: conservation easemenldoc; Idc 91-102 3.JPG
From: Tom Henning [mallto:hennlng.tom@gmall.com]
Sent: Thursday, November 15, 2007 11:26 AM
To: 'ccbrooker@naples/aw.com'
Subject: 0100 cypress
Clay
Rich stated at the Board meeting !hat this PUD preserve buffer are governed by the water management district. Rich referred to
the PUD ordinance of 1999. That ordinance has been repealed and replaced with 200D-37. In !his governing ordinance 2000-37,
it states sec. 9.11 Environmental Stipulations: (E, Buffer zones adjacent to preserve area shall be pursuant to South Florida Water
Management District permit no. 11-o1232s).
lNhat Rich did not tell us in sec. 9.11.C it states (Wetland preservationlmitigation areas, upland zone. And lor upland preservation
areas shall be dedicated as conservation and common areas in conservation easments, as well as on the pial with protective
covenants per or simiiar to Section 704.06 of the' Flcrlda Statues, provided that said covenants shall not conflict with South Florida
Water Management District No. 11-o1232s).
Now that it's understood that the preserve should have been platted per the ordinance, why is the County rushing to insert or
amend the LDC to meet the requirements?
And now we know the LOC determines the preserve setbacks. And 2007-37 3.04(A). states regulation of Olde Cypress sJ:!Jlll be in
accordance with the contents of the Olde Cypress and the LDC of time of Development Order,
In the PUD Doc, "Residential Land Use Districr sec. 7.03 it state the Subdivision plat approvals in accordance with article 3.3 and
3.2 of the LDC. (See attached photo doc of then LOC section 3,2)
Bottom line there has always been a 25 ft. setback from principle structure from the preserve regardless of the lot configuration,
NOT PRINTED OR MAILED AT GOVERNMENT EXPENSE
PoLrrICAL ADVERTISEMENT, PAID FOR AND APPROVED BY TOM HENNING
REPUBLICAN FOR COUNTY COMMISSIONER, DISTRICT 3
2/1112008
704.06 Conservation easements; creation; acquisition; enforcement.--
(1) As used In this section, "conservation easement" means a right or interest In
real property which is appropriate to retaining land or water areas predominantly In
their natural, scenic, open, agricultural, or wooded condition; retaining such areas as
suitable habitat for fish, plants, or wildlife; retaining the structural Integrity or
physical appearance of sites or properties of historical, architectural, archaeological,
or cultural significance; or maintaining existing land uses and which prohibits or
limits any or all of the following:
(a) Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground.
(b) Dumping or placing of soli or other substance or material as landfill or dumping
or placing of trash, waste, or unsightly or offensive materials.
(c) Removal or destruction of trees, shrubs, or other vegetation,.
(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance In such manner as to affect the surface.
(e) Surface use except for purposes that permit the land or water area to remain
predominantly In Its natural condition.
(f) Activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation.
(g) Acts or uses detrimental to such retention of land or water areas.
(h) Acts or uses detrimental to the preservation of the structural Integrity or
physical appearance of sites or properties of historical, architectural, archaeological,
or cultural significance.
(2) Conservation easements are perpetual, undivided Interests In property and may
be created or stated In the form of a restriction, easement, covenant, or condition In
any deed, will, or other Instrument executed by or on behalf of the owner of the
property, or In any order of taking. Such easements may be acquired In the same
manner as other Interests In property are acquired, except by condemnation or by
other exercise of the power of eminent domain, and shall not be unassignable to
other governmental bodies or agencies, charitable organizations, or trusts authorized
to acquire such easements, for lack of benefit to a dominant estate.
(3) Conservation easements may be acquired by any governmental body or agency
or by a charitable corporation or trust whose purposes Include protecting natural,
scenic, or open space values of real property, assuring Its availability for agricultural,
forest, recreational, or open space use, protecting natural resources, maintaining or
enhancing air or water quality, or preserving sites or properties of historical,
architectural, archaeological, or cultural significance.
(4) Conservation easements shall run with the land and be binding on all
subsequent owners of the servient estate. Notwithstanding the provisions of s.
1A
14
197.552, all provisions of a conservation easement shall survive and are enforceable
after the Issuance of a tax deed. No conservation easement shall be unenforceable
on account of lack of privity of contract or lack of benefit to partiCUlar land or on
account of the benefit being assignable. Conservation easements may be enforced by
Injunction or proceeding In equity or at law, and shall entitle the holder to enter the
land In a reasonable manner and at reasonable times to assure compliance. A
conservation easement may be released by the holder of the easement to the holder
of the fee even though the holder of the fee may not be a governmental body or a
charitable corporation or trust.
(5) All conservation easements shall be recorded and Indexed In the same manner
as any other Instrument affecting the title to real property.
(6) The provisions of this section shall not be construed'to Imply that any restriction,
easement, covenant, or condition which does not have the benefit of this section
shall, on account of any provision hereof, be unenforceable.
.
(7) Recording of the conservation easement shall be notice to the property appraiser
and tax collector of the county of the conveyance of the conservation easement.
(8) Conservation easements may provide for a third-party right of enforcement. As
used In this section, thIrd-party right of enforcement means a right provided In a
conservation easement to enforce any of its terms granted to a governmental body,
or charitable corporation or trust as described In subsection (3), which although
eligible to be a holder, is not a holder.
(9) An action affecting a conservation easement may be brought by:
(a) An owner of an Interest In the real property burdened by the easement;
(b) A holder of the easement;
(c) A person having a third-party right of enforcement; or
(d) A person authorized by another law.
(10) The ownership or attempted enforcement of rights held by the holder of an
easement does not subject the holder to any liability for any damage or Injury that
may be suffered by any person on the property or as a result of the condition of the
property encumbered by a conservation easement.
(11) Nothing In this section or other provISions of law, shall be construed to prohibit
or limit the owner of land, or the owner of a conservation easement over land, to
voluntarily negotiate the sale or utlllzatlon of such lands or easement for the
construction and operation of linear facilities, Including electric transmission and
distribution facilities, telecommunications transmission and distribution facllltles,
pipeline transmission and distribution facilities, public transportation corridors, and
related appurtenances, nor shall this section prohibit the use of eminent domain for
said purposes as established by law. In any legal proceeding to condemn land for the
purpose of construction and operation of a linear faclllty as described above, the
lA
court shall consider the public benefit provided by the conservation easement and
linear facilities In determining which lands may be taken and the compensation paid.
-_..'
....,-......-,.
'~'
I"
...,\.!,,:-.~:-.
Supp. No. 14
.: ;-'-.-
3.
~
~
,
I
1
J
j
lJEVELOPMENT REQ1;JIREMENTS j 3.2.8.4.7.
1
Drainage eepments ,shall be ere, ate<! to provide fur the pow of surfsce
watem from eontrib$rry sreas,. 1
ProIs:tedI preMroe ~a and ease"..,,""" ADODezclusive ~8Ilt or tract
in favor of Collier C"Fty, without any maintenance . tion, shaI1 be
provided for sll 'pro1(ectedlpreservs' st".. teqUir&d to oJ-lgJ>al;ed on
the ptP]hnin.'Y and Imw subdivision platll. ,Any lot or parcel
subjectt.o or abuttingja protected/pr~ areerequired' be designated
on the prooll~ln.'Y dnd final subdivision platll shaI1 a lDi:niJQ.um
25-foot setback: fromj the boundary of Jw:h ~~e aree, in
which no, principle sj;ructure may be COD8t.ructsd. ~ ~ pre1imi_
nm:y and final 8Ubdi~on plats shall require that no, aJ,ttr, atiooi, includ-
ing 8CC88101')' structfues. fill pI-ent, grading, pJagJ; alteration or
removal, or similar $Nity shsll be permitted within '""P' se1;beck 8l'ea
without the prior ~tten cilnsent of the dsvelopment service. director;
provided, in no even~ shsll these activities be p"'wittold fa sw:h setback
area within ten feet j>r the protected/preserve area boun4azy, Wlless the
above setbacks are "i""""Plished tbr~ugh.bn1lBrlng ~ant to section
3.2.811.4. I j
, The boundaries of J. required easements shaI1 be ,di~J..n'>D8d on the
final.ubdivisionpla~ Required pro~8fVll~hal1 be Identi-
fied as separate tract')! or easements having ac:al88 to thd from a platted
rigbt.<>f:way. No inw,Vidual residential or commercialImj or parcel lines
may projet:t into thain when platted .. a tract. If the ~e
area is determined to, be, . jurisdictionaf in na~,,~, :=:'" must be
provided wIrlchdoculnents the approval of the bo : ta m.m the
appropriate local, st4te or federal ~es having jw:iB<lii#on and when
ap~le plll'llWUlt lto the requlrementa and provisioJ of ,the srow1:h
maDagement plan. !An required easements or tmcad for ,protected/
preserve areas shsll)be dedicated end also estahIisb th~. WIllI
for said ealementCs) 1m, ' !IIor tracts on th, e final subdivisioplat to Collier
CODDty without the hisponsibility for maintenance ~, to a property
ownersl association ~ similar entity with mllir:'t..t:M1I1in.ce:~ . "ties..
An applicant who ~hes to set aside, d..-ijpRta or 'ant additional
protected preiletve ate.. not otherwise J,'SQ,uired to bed ' ted on the
prool;~in.'Y lubdi~ plat aIld final' subdivision p ,may do so by-
grant or dedication ..Iithout being bound by the provisf of this section.
4,
, _:0
, .
ImprolJOlnIlnt plans. irhe improvement plans for req::f.improvementa
which will be COJJetn\cted within an 8llisting ee...~....t m, ill_te the
~ easement id existing fecilities, and the pro ,easement and
J
LDC3:45 l
,
,
~
,~
1A
lA
Page I of 1
Munoz, Silvia
From: Clay C. Brooker [ccbrooker@napleslaw.com]
Sent: Thursday, Janual)' 10, 2008 12:34 PM
To: Coyle Fred; henning_I; fiala_d; ColettaJim; HalasFrank
Cc: muddj; ochsJ; SchmlttJoseph; IstenesSusan; mason_s; burgeson_b; Iorenz_w
Subject: 1-15-08 BCC Agenda, Item 12A (Farese report regarding Olde Cypress PUD)
Attachments: S Mason eman 12-21-07 re preserve setbacks.pdt, S Mason email8-16-07 re preserve setbacks.pdf
Honorable Commissioners:
As you may remember, I represent the owners of the home next door to the Grider house in the Olde Cypress PUD. Mr. Farese
has drafted a report on the Olde Cypress PUD which will be presented to the BCe next Tuesday at a time certain of 11am.
In his report, Mr. Farese interprets the LDC In such a way to conclude, In his opinion, that single family homes are exempt from
the 25-loot preserve setback. Each of you should know that the County's own environmental department unequivocally disagrees
with Mr. Farese's opinion in this regard. Attached to this email are two emailsfrom Susan Mason. Principal Environmental
Specialist for the County.
The first email, dated August 16, 2007, is a County-intemal email which responded to an argument by Mr. Grider himself (back in
August) that his home was exempt from any preserve setback. In this emall, the "exemption" argument is rejected by County staff
- five months ago.
The second email, dated December 21,2007, is a response by Susan Mason to an inquil)' from Diane Ebert, in which Susan
Mason disagrees with Mr. Farese's opinion and explains the County's long-standing Interpretation and application of the 25-foot
oreserve setback to all structures, including single family homes.
I have also personally spoken with Susan Mason regarding Mr. Farese's opinion. Susan reiterated her disagreement with Mr.
Farese's opinion and stated that other environmental staff in the County (including Barbara Burgeson and Bill Lorenz) also
disagree with Mr. Farese.
Under these circumstances, I would request that each of you Inquire into County environmental stalfs position during the meeting
next Tuesday.
Yesterday, I attempted to have the attached two emalls Included in your agenda packet but was told that I could not Therefore,
we respectfully request that the two attached emalls be made part cfthe record for Item 12A of the 1-15-08 BCC agenda. If you
have any questions, feel free to contact me. Thank you.
Clay Brooker
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Sulle 201
Naples, Florida 34102
Telephone: (239) 261-9300
Facsimile: (239) 643-3558
This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that
is confidential or privileged. If this e-ma/7 is not addressed to you (or if you have any reason to believe that It Is not intended far
you), please notify the sender by return e-mail or by telephoning us (collect) at 239/251-9300 and delete this message
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copying of this e-mail is strictiy prohibited. Please note that any views or opinions presented in this e-mail are those of the author
and do not necessan7y represent those of the law firm,
2/6/2008
1ft
From: mason_s <SusllllMason@colliergov.net>
To: Diane Ebert <jodiebert@comcast.net>
Cc: Carol Kolf1at <jimgub@ao1.com>
Sent: Fri, 21 Dee 2007 7:57 am
. Subject: RE: Preserve setbacks
Good morning,
The allomey hired to axamlne slafl's review 'process' regarding Ihe setbacks In Olde Cypress among ollier things.
They ware nol requested to Interpret tha Land Development Code (LDC).
The setbacks for the primary structures In Olde Cypress and any other development thai does not have a specific
deviation to the setbacks Is 25', For accessory structures and Impacts ij Is 10' from Ihe presarve boundary. The
requirements have been In the LDC sinca atlaasl1991.
Staff will continue to require all projects to meet these setbacks and has been working with Building Dapartmenl
&taff to ensure that situations similar IoDide Cypress do not happen egain.
The exemptions the LDC refers to for single family hcmes Is for Items such as conservation easement and
preserve management plans, not the setback. The single family lolllself does not have to meelthe setbacks,
only the structuresllmpacts do. Staff will be working on clarffylng the language In the next available LDC
amendment cycle. .
I do not Imow of any substantial changes to Ihe language since 1991. The recodification a few years back was
only to reorganize and was not Intended 10 change any meanings or application of the code. And any
unlntentiona' omissions or changes In meaning revert back to the original language and Inlent until such lime the
LDC can be amended to correct.
If a PUD does not specifically address setbacks to preserves dlfferenl than the 25'110', the LDC standards apply.
That Is the case with any issue nol contained In the PUD document.
I hope this answers your~uestions. Please call If you stili have concerns.
Thank you,
Susan Moson
Principal Environmental Specialist
Collier County Environmental Services Depcrtment
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-29B7
Fax. (239) 530-6718
From: Diane Ebert fmaillo:lodlebert@comcast.netl
sent: Thursday, Deceri1ber 20, 2007 8:53 AM
To: mason_s
Ce: Carol KoIfIat
1/1 01'2008
_ "..'.m .'_._._. <.M______,_,-.,."'~.~...
fA
Page 2 of2
SUbject: Preserve setbacks
Monlhs ago Maryann Devanas and I mat with you at your office. at the tlma wa discussed an issue related to
preserves. Anolher question has come about
dua to a situation In Olda Cyprass Involving preserve setbacks that has recently been under discussion by the
BCC.
Last Month the Commissioners Instructed Joe Schmitt to precess admlnlstrallve setback variances for quite a few
homes In our community that appeared to have setbacks Inconsistent with the current LOC requirements. Out of
ell the homes that have such Issues, all but two can be addressed under an admlnlstratlve variance; however, the
last two deviations too great to fan undar lhe tolerances steff may use administratively and !hose were told 10
epply under the formal variance precess.
AE. you may be aware, during lhe BCC meeting on this Issue, the Commissioners also hired en outside
investtgator to determine If there was any wrong doing by staff in the handling of various matters at Olde Cypress
(another of which Is lha actions by staff Involving the Grider Residence and staff's determination that lhe Gridar lot
Is a comer lot).
The Investigator reported on a varlaty of Issues, one of which Is his conclusion that thera are conflicts In the LOC
pertaining to setbacks for preserves and due 10 his determination that section 3.05.07 H. 3. a., prevails over
section 10.02.04 B.1., there Is no need for variances because 3.05.07 H. 4, a., provides for exemptions and says
"single family residences are only subject 10 vegetation retention standerds of 3.05.07'. Section 10.02.04 does
not have similar exemption language yet requires the same setbacks of section 3.05.07.
I have been Iold that the setback language In 10.02.04 has been In the code for nearty 16 years. I would Ilke to
know If you ere laminar wllh the changes to the code that evolved Into the exemption language In section 3.05.07
H. 4. a. Ortglnally I have been told that the old LDC only prevlded exemptions from the ''preservation standards'
in section 3,05.07 (under the old LDC It had a different reference secllon) and somehow this Is in the new code,
as noted above, with much broader language,
Are you aware of how this occurred? Also, are you aware of how older PUD'S are required or Interpreted 10 apply
10 today's standards, such as preserve setbacks, when some of the older PUD'S simply had language that
provided for different setbacks and did nct specifically address preserve setbacks?
Thank you,
Diane Ebert
Susan, please respond to both.
1/1 012008
1/t
Page 2 of4
( Ju
Joseph K Schmlll
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385fl390
cell- 595-9751
"Balancing the demands of growth and the demands of the community"
From: mason..s
Sent: Thursday, August 16, 2007 4:12 PM
To: A. Roland Holt; gochenaurJi IstenesSusan
Cc Schmltt:Joseph; A1amarFInnegani TarpleyAngel
SUbject: RE: section 3.05.07 of the LDe
Mr Gridar Is not reading the section as a whole. The exemptions are to tha requirements for conservation
easements, management plans, ate on single faml/y lots that have preserve actually on their lot.
He also needs to review 10.02.04 B 1 where subdivision setbacks ars more specifically eddressed.
c
B. Final plat requirements.
1. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier
County, without any maintenance obligation, shall be provided for all "prolectedlpreserve" areas
required to be designated on the preliminary and final subdivision plats or only on the final subdivision
plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot
or parcel subject to or abutting a protected/preserve area required to be designated on the preliminmy
and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the
optional preliminary subdivision plat, shall have a minimum 25-foot setback from the boundary of
such protected/preserve area in which no principle structure may be constructed. Further, the
pre!iminBry and final subdivision plats, or only on the final subdivision plat if the applicant chooses not
to submit the optional preliminary subdivision plat, shall require thet no alteration, including accessory
structures, fill placement, grading, plant alteration or remova~ or similar activity shall be permitted
within such setback area without the prior written consent of the County Manager or his designee;
provided, in no event shall these activities be permit:ted in such setback area within ten feet of the
protected/preserve area boundary. Additional regulations regarding preserve setbacks and buffers are
located in Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted or
simply identified by recorded conservation easement.
Susan
From: A. Roland Holt
Sent: Thursday, August 16, 20073:52 PM
To: mason..s; gochenaur_ri Istenes5usan
Cc: SchmlttJoseph; A1amarFlnnegan; TarpleyAngel
Subject: RE: section 3.05.07 of the LDC
Mr. G~der, whose house Is of concem In Olde Cypress, suggested that 25' setback on SFD rear yerds was not
required since the exception excused SFD , I his opinion.
~_ I So !he question whentwhere does that exception apply?
9/612007
'lA
Page 3 of4
From: mason_s
Sent: Thursday, August 16, 20073:16 PM
To: gochell8UfJi A. Roland Holt; IstenesSusan
Cc: Schmittloseph; A1amarAnnegan; TarpleyAngel
SUbject: RE: section 3.05.07 of the LDC
I am not sure exactly what this person Is requesting. The 10' setback applies to both accessory structures and
alterations. Roads, ete rneattha 10'. If a SFWMO permit allows/requlrad a retaining wan or something closer,
that is pannllled.
.To what Is this person applylng the setback?
Suson
From: gochenaurJ
Sent: Thursday, August 16, 2007 2:05 PM
To: A. Roland Holt; lstenesSusan
Cc: Sdvnlttloseph; A1amarAnnegan; TarpleyAngel; mason..s
SUbject:: RE: sectlon 3.05.07 of the LDC
I think he's confusing structures with site alteration.
Susan M: Your thoughts?
From: A. Roland Holt
Sent: Thursday, August 16, 2007 1:59 PM
To: IstenesSusani gochenaurJ
Cc: Schmltl:Joseph; A1amarAnnegan; TarpleyAngel
Subject: FW: section 3.05.07 of the LOe
Please note the attached datan from Angel In which she recites an exception In the Loe to setbacks from
preselVas that Mr. Grider has suggasted should apply to his home.
From: Tarp!eyAngel
Sent: Thursday, August 16, 2007 1:52 PM
To: A. Roland Holt
SUbject:: section 3.05.07 of the LDC
I talked to Mr. Grider and he gave me the section in the LDC.
Section 3.05.07
3. Required setbacks to preserves.
a. All principal structuresshall have a minimum 25-foot setback from the boundary of any preserve.
accessory structures and all other site alterations shall have a minimum 10- foot setback from the
boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any
preserve unless it can be demoDStrated that it wiD not adversely Impact the integrity of that
preserve. (i.e. Fill may be approved to be placed within 10 reet of the upland preserve bnt may not
be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that
It will not negatively impact that wetland.
b. Additional preservebuffen shall be applied to wetlands pursuant to section 3.05.07 F.3.f.
4. Exemptions.
a. Single family residences are subject only to the applicable vegetation retention standards found in
3.05,07.
b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on
9/612007
lA
Page 4 of4
a case by case basis, "PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not
required to comply with the provisions of this section 3.05.07 H., which were adopted on or after June
19,2003.
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1A
Page 1 of2
Munoz, Silvia
From: Tom Henning [henning.tom@gmail,com]
Sent: Monday, February 11, 2008 7:31 AM
To: tuckersam
Subject: FW: olde cypress
Follow Up Flag: Follow up
Flag Status: Flagged
From: day C. Brooker [mailto:ccbrooker@napleslaw.com]
Sent: Thursday, November 15, 2007 11:08 AM
To: 'Tom Henning'
Subject: RE: aide cypress
Thanks Tom. In my opinion, the direct reference in the PUD to LDC section 3,2 (which contains the 25-foot setback) seals the
case.
Clay Brooker
Cheffy passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
Telephone: (239) 261-9300
~acsimile: (239) 643-3558
This e-mail, along with any filas transmitted with it, is for the sole use of the intended recipient(s) and may contain information that
is confidential or priVileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for
you), please notify the sender by return e-mail or by telephoning us (collect) at 239/261-9300 end delete this message
immediately from your computer. Any unauthorized review, use. retention, disclosure, dissemination. forwarding. printing or
copying of this e-mail is strictly prohibited, Please note that any views or opinions presented in this e-mail are those of the author
and do not necessarily represent those of the law firm.
From: Tom Henning [rnallto:hennlng.tom@gmall.com]
Sent: Thursday, November 15, 2007 11:26 AM
To: Clay C. Brooker
SUbject: olde cypress
Clay
Rich stated at the Board meeting that this PUD preserve buffer are governed by the water management district. Rich referred to
the PUD ordinance of 1999. That ordinance has been repealed and replaced with 2000-37. In this governing ordinance 2000-37,
It states sec. 9.11 Environmental Stipulations: (E. Buffer zones adjacent to preserve area shall be pursuant to South Florida Water
Management District permit no. 11-01232s).
What Rich did not tell us in sec, 9.11.C it states (Wetland preservation/mitigation areas, upland zone. And lor upland preservation
areas shall be dedicated as conservation and common areas in conservation easments, as well as on the plat, with protective
covenants per or similar to Section 704,06 of the Florida Statues, provided that said covenants shall not conflict with South Florida
Water Management District No. 11-01232s).
Now that it's understood that the preserve should have been plaited per the ordinance, why Is the County rushing to insert or
amend the LDC to meet the requirements?
And now we know the LDC determines the preserve setbacks. And 2007-37 3,04(A). states regulation of Olde Cypress shall be in
accordance with the contents of the Olde Cypress and the LOC of time of Development Order.d
2/11/2008
'1A
Page 2 of2
'n the PUD Doc. "Residential Land Use District" sec. 7.03 it state the Subdivision plat approvals in accordance with article 3.3 and
J.2 of the LOC. (See attached photo doc of then LDC section 3,2)
Bottom line there has always been a 25 ft. setback from principle structure from the preserve regardless of the lot configuration.
NOT PRINTED OR MAILED AT GOVERNMENT EXPENSE
POLITICAL ADVERTISEMENT, PAID FOR AND APPROVED BY TOM HENNING
REPUBUCAN FOR COUNTY COMMISSIONER, DISTRICT 3
2/1112008
1A
Page 1 of 1
Munoz, Silvia
"om: Tom Henning [henning.tom@gmail.com]
Sent: Monday, February 11, 2008 7:30 AM
To: tuckersam
Subject: FW: ace setback issue
From: Tom Henning [mailto:henning.tom@gmall.com]
Sent: Friday, November 16, 20078:21 PM
To: 'jodiebert@oomcast.net'
Subject: ace setback issue
Here is how I'm going to deal with these other issues. I'm not I do not trust Joe to capture all the issues in Olde Cypress. Let's
deal with what we have today and deal with these other issues later, Tom
NOT PRINTED OR MAILED AT GOVERNMENT EXPENSE
POLITICAL ADVERTISEMENT, PAID FOR AND APPROVED BY TOM HENNING
REPUBLICAN FOR COUNTY COMMISSIONER, DISTRICT 3
2/1112008
~A
Page 1 of3
Munoz, Silvia
From: kuck_t [TomKuck@coIliergov.net)
Sent: Monday. August 20, 2007 3:06 PM
To: A Roland Holt IstenesSusan
Cc: SchmltLIoseph; gochenaur_r; dowdell_d
Subject: RE: Grider Residence
Engineering's comment that would be tied to the TCO, would be the installation of the sidewalk return between the driveway and
street....approximately 35-40 feel
%OtTUIs'E. 'l(ju:~ Po 'E.
Engineering Services Director
County Engineer
239-403-2472
From: A. Roland Holt
Sent: Monday, August 20, 2007 2:47 PM
To: IstenesSusan; kuck....t
Ce: SchmlttJoseph; gochenauu; dowdelLd
Subject: RE: Grider Residence
I would be appreciated if you could list them for Donna Dowell soon, please.
Fnlm: IstenesSusan
Sent: Monday, August 20, 2007 2:30 PM
To: A. Roland Holt; kuck_t
Cc: SchmlttJoseph; gochenauu; clowdelLd
Subject: RE: Grider Residence
I don't oppose a temporary C.O. provided all the conditions for approval of a permanent C.O. are clearly articulated. We can
certainly help you do that from the Zoning issues. '
From: A. Roland Holt
Sent: Monday, August 20, 2007 2:28 PM
To: IstenesSusan; Icuclc_t
Cc: SchmittJoseph; gochenauu; dowdelLd
Subject: RE: Grider Residence
SUSAN: Thanks. I take your message to mean that you do not oppose a Temp CO because of any of the unresolved issues
from Planning/Zoning standpoint so long as they are listed on the Temp CO as needing resolution prior to final CO. Please
correct me if that is incorrect. I'll poll Tom for Engineering position,
TOM: Please read attached string of messages. Would appreciate your position on Grinder desire for Temp CO, and if OK with
Engineering. what work items would remain before you would OK a final CO that should be listed on any Temp CO.
2/1 1/2008
1A
Page 2 on
~rom: IstenesSusan
.>ent: Monday, August 20, 20072:18 PM
To: A. Roland Holt
Cc: SchmlttJoseph; gochenaur_r
Subject: RE: Grider Resldenoe
Roland, I can't comment to Mr.. Grider about whether or not you will issue him a CO. I don't issue CO's so that would entirely be
up to you,
My recommendation to you would be to, at a minimum, withhold a permanent CO and issue a temporary one until all of the issues
are resolved (setbacks, preserve encroachments, Lot line adjustment, sidewalks, etc), This is consistent with how new
structures have been dealt with that were in similar situations.
As to his comment about the preserve area and single famiiy homes, He has not made a formal request to challenge the staffs
application of the preserve area setback and his assertion that you should issue a permanent CO because "he would be in the
same position "as other homeowners" with respect to the setback issues, In my opinion Is absurd. I'm not going to comment on
that. Once the setback Issues are resolved and any other cutstanding issues are resolved then I don' see any reason to withhold
a permanent CO, but until that time we have no leverage to compel him to comply with the outstanding issues,
Susan
From: A. Roland Holt
Sent: Monday, August 20, 2007 1: 12 PM
To: IstenesSusan
Ce: SchmlttJoseph
Subject: FW: Grider Residenoe
'lease reply to attached Grider question about setbacks.
From: Craig Grider [mailto:cgrider@gcjlaw.com]
Sent: Monday, August 20, 2007 1:02 PM
To: A. Roland Holt
Subject: RE: Grider Residenoe
Thank you. I received a voicemail from Ross and have sent what I believe to be the last survey required to approve the Lot Line
Adjustment My general contractor contacted me and slated that when they cal/ed in for final pool inspection, the County stated
that the pool inspection will not be approved because of "setback" issues. Can you confirm that inspection approvals will not be
withheld due to the possible setback issues we have been discussing? Thanks.
Craig
From: A. Roland Holt [mailto:ARolandHolt@col/lergov.net]
Sent: Monday, August 20, 2007 12:56 PM
To: Craig Grider
SUbject: RE: Grider Residenoe
If the staircase is safe, Building Department would be OK. I've asked Pianning & Engineering to call you on their status.
From: Craig Grider [mailto:cgrlder@gcjlaw.com]
Sent: Mcnday, August 20, 2007 9:11 AM
To: A. Roland Holt
Ce: Grlders
Subject: Grider Residence
2/11/2008
1A
Page 3 00
"'r. Holt,
Please let me know if you were able to review the outstanding issues on my residence wnh the other County staff as we
discussed. I hope to be in a position to request inspections for a CO this week. I have fumnure set to be delivered and would like
to start the process of moving into the house at the end of this week and this coming weekend.
Based on our prior discussions and correspondence, I understand the County will issue, at the least a temporary CO
cnce the Inside stair railing is installed, subject of course to my continued cooperation in correcting any issues with the house,
which I fully intend to provide. I do not believe any modifications or resolutions are necessary with regard to the front yard
setbacks as Collier County has used the chord to determine setbacks for years. Moreover, I confirmed the same in writing with
County staff prior to designing and building my home. The Lot Line Affidavit should correct any technicality on the comer lot
issue. I disagree with the assertions set forth in the revocation letter I recently received on the removal of the sidewalk and
revoking the prior County approvals I previously received to remove the same. However, if all other items are addressed and a
CO is issued. I will agree to reinstall the sidewalk pursuant to the revocation letter I received from Mr. Kuck and will not challenge
the revocation of the prior approval.
That would leave the preserve setback issue as the sole remaining issue to be resolved. As I pointed out last week. I do
not believe the 25' setback requirement from a preserve are applicable to single family lots pursuant to the exemption language In
the LDC. Moreover, n Is my understanding that there are apprcximately 17-20 houses within Olde Cypress that have the same
preserve setback issue. I would request that a final CO be Issued once all other items have been completed so I will be In the
same position as the other homeowners within Olde Cypress.
Please give me a cal/ at your convenience. Thanks.
Craig
Craig D. Grider, Esq.
Goodlette, Coleman & Johnson, PA
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
- (239) 435-3535
,239) 435-1218 (fax)
This message is Inl9nded for the use of the individual or entity to which It Is addressed and may contain Information that is
attomey privileged, confidential and exempt flOm disclosure under applicable law. If the reader of this message Is not the
Intended recipient, or the employee or agent responsible far delivering the message to the intended recipient, you are hereby
notified that eny disseminetion, distribution or copy of this communication is strictly prohibited. If you have received this
communication in error. please notify us immedial9ly by 19/ephone end return the original message to us at the above emall
address. Thank you.
2/1112008
1A Page 1 ofl
Munoz, Silvia
,
.om: Tom Henning [henning.tom@gmail.com]
Sent: Monday, February 11, 2008 7:29 AM
To: tuckersam
Subject: FW: aide cypress
Attachments: Ordinance%25202000-053[1]. pdf
From: Tom Henning [mallto:henning.tom@gmall.com]
Sent: Saturday, November 17, 20075:50 PM
To: 'ccbrooker@napleslaw.com'
SUbject: olde cypress
When the newly found accessory structures become a topic, I think /'1/ use the 5ft.scrivener's error too defend my residents. If that
ok with your client. Tom 455-109S
NOT PRINTED OR MAILED AT GOVERNMENT EXPENSE
POLITICAL ADVERTISEMENT, PAID FOR AND APPROVED BY TOM HENNING
REPUBLICAN FOR COUNTY COMMISSIONER, DISTRICT 3
2/11/2008
'lA
ORDINANCE NO. 2000- 53
AN ORDINANCB AMENDING ORDINANCE NUMIII!Il 2000-37.
11IB OLDE CYPRBSS PUD TO CORRECT A SCRIVENER'S BaROR
DUB TO OMMISSION Of AN INTENDED REVISION TO SECTION
7.05 TABLB II DBVELOPMBNT STANDARDS FOR RBSIDENTIAL
AREAS; AND BY PROVIDING FOR AN BFFBCTlVE DATE.
WHEREAS. the CoUier County Board of CDmmilsionm adoplod Ordinance No. 2000.37. on
May 23, 2000. and;
WHBREAS. following laid action adopling Ordiuancc No. 2000-37. ltaff'determined that the
PUD document lrUIImitted to 1ho Department or Slate did not contain I provwou that wu othcrwiae
intended ad made. part oldie plJbllc hearing; and therefore cORltitutcl a Icrivener', ClJOr.
NOW, 1lIERI!FORB BB IT ORDAINBD by"" Boan! of Counly Commiaoi...... or Collier
CowIty. Florida:
SBCTlON ONE: SCIlIVENER'S I!RROR AMl!NDMBNT TO SECTION 7M. DEVELOPMBNr
STANDARDS
Section 7.05.1lcv.lopmcnl StaudtrdJ of Ibc Old. Cypr... PllUllled Uail Dov.1opnat (0nIlumcc
Number 2000w37), is bml:by amcDdcd to correct a scrivener'1 error by lIIIeJldDJa said Iedicm to reld u
follows:
~o ~
.-r"l g
TABLE II !:~ ~ ,I
-0 ., -
DEVELOPMENT s ,A"DARD SmI<NTIAL AREA8 ~~:-, C> ;...
,.....
. .:-; -- :;
;;;..,
PERMlTI'El> SINOLl< ~~O ,nv SINOLE ..
USl!S AND fAMILY LOT fAMILY & FAMILY !:~<fI
STANDARDS DETACHED LINE DUPLEX ATIACHED "- DwRtlNG
DUPLEX
MilUnnunLo' ',000 5,000 3,5~ 3.000 S.F. lAC
Arc" S,F. S.F. S.y,ClI perdu.
Minimum Lot 60 45 3, )0 ISO
Width
rranl rom 25'" 20 <u' .. 25
Setback:
Side Yard 5 "'0 or Oor5 Oor.5BH Oor.s
Setback 10 BH
Re.~ II.ru 2u 10 ,0 20 2S
Selbaek
Principal
A Rur yaraPl lu 5 10 10 10
......ry
Maxuuum 35 35 35 35 .5
Building
H.ight
lJiltance Between N.A, N,A, ",A. 10 .5 BH
Structures
Floor Area MiD. 1200 I 120u 1200 1000 750
(SF)
WordJ ~'i'li Uva Ilk arc deleted; words underlined are added.
'lA
DR - Duildin. Reiol1t
(I) a.d1 ba1f~. duplcs wit require. . lot .ra allocation oldrirty~nVf hundred (3.500) tq1We fcd Cor. ....
mininuam or IeYCft thoulMd (7,ODD) sqDI/'C foct.
(2) Minimum loc wkhb mI)' be reduced by rwenry (2.0) percent (or cul-de-sac loti or loti blJted on ourvUbar ItretII
provided Ihe minimum 101 area II adn maiatal.cd,
(3) Acceaory PIN aucb u pool cnclOlure.. may be attac:bcd to priDcipaJ UIU and .....--..nI UICI mav be Rt b.ck fin:
(!\ l"cet Itom HID G" rat IlrODCrtv linea.
(otI) Wbore Ibc zero (0) foot yard opdDrl I. utilized, tbe opposllc ,ide orabe ImIctUl't IhaII hive lien (10) (DDI ailio
yanl zeto(O) fOOl"'" maybe used on elltwlr lide aramucturo proYlded lhat!he ClppOIIte ten (10) root fide
yanl is "",vidal,
(5) SiDB!,.lImIly dwell..,. whld> provide for lWO (2) P'fld>i ._ wilhin '" ",cIoIcd .ldwnlry _ ....
provide for JUCII pukfn. olbcr lb. privalc: drivewl)ll"Y reduce tont yen! requiremcDbI to leD (10) f'eet for lbe
prqe and twady (20) feet for the remahUna IInlCIWU.
(6) Building heighl ahaIl be chovcrtlcal dlsrancc I'Iom the fint f1niahed f1oorto the hi.... puml Dtlhe moflUdllce or
. o. or BennudI fOOf.1D tho deck line or. Mallard roof lOCI co the mean bclplllYeJ hc:cweea tho IlIYe& and tU
ridae of pblc. hip IRCI pmbrcl Toofs. Acceuory buUdini' thall be Jim/led 10 twcaty (20) feet abow: pck. wllb
the exception of the elIlr)' monument depicted In Bthibil D, which may be developed In acconIanec wilh Use
eJtvation~ provided.
(7) Four hlbitable OD0r8 Po\fe pmkln.. A mlximum or leven babitabkll1ool"lllbove pRins: _y be IppRWOd to
enhance view corridon: and (0 permit interface wllh prcacrve It", 10 lon, u hOC inco.tible 'Nids 8djoiniog
propcrti" upon IPPf'OY8I of tne Development ServlcCf Dlrc:c:lor through I conr:eptual or Final SIlc DcYaIopmenl
Plan. Buildinp.qjaccnt 10 Ihe projecl boundvy property lines on the WCSI nil be limiled lID dun IWtittbk fJoon
ab~ parking. Ihd \he 2'.68 IUClI ioe.tod Ilona the cutern od,c of chc projet:t in Section 22 and Ihc IUbjecf of
the 1999 NoticeofChll'ijIC 10 the DRJ U: permitted ..maximum hcightoflhrce (J) Ilooo or dtircy-five (35) feet.
(B) The project antrMc;e lignaCC, which kludca:.vdIltccNrtl enhancementli, wI! be pmnIttc:d Ilaaa Ihe near eutcm
urrcmlly otOLDB CYPRESS iii depicted Oft Bxhlblt D on land. under common owncnhlp by the clewoper.
This Ordil1JlIlce shall become effoetive upon filial wilb Ih, Dep.rtmenlofSUlo.
PASSIlD AND DULY AOOJ"lE) by Ih, Bo.rd of County COmmllli= uf Collier Cowdy. Florida, Ihi. /..1 2':;(,
",::~.~i'iii(~. =--t.u.. .2000.
, l/:ffir~(~'}\:~.:
~ i: DWlalITi.!lROCK..tlcrk COLLIER
~\~i1i~~~' .....~(l BY:
"'" '--'''cd': -:..,..p..",<' d' Attest IS to Chlfl'tllll"
^pprcrv dlU onn 1ft f t
Legal sumclency: S lIIIl ur. 01\11,
'n:lcl' . m (J!!J,,,,,d;
M~; M. Stu~t -
Awtlnt County Attorney
B, CHA1IlMAN
I1Ron Ninoo'OnIluncc 2000-17/RN1im
This ordlllDOCe fJI.d with fh.
~~tQty of S~~H1ce th.
~doy of . .iM!!L
and Ol:knowledgerMnf of thQt
/III"l1~1Yod tnl. ~
of IlyJ~:~~~ _
--
Words Ilnuk "8liSh arc deleted; word! underlined are added.
1A
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-53
Which was adopted by the Board of County Commissioners on
the 12th day of September, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board:;Of: ~
,f1"'l ~
.--0 0=>
County Commissioners of Collier County, Florida, this 14~~a~ -"
-----. -u .-
:;;>-,;,; N -
of September, 2000'. ~t" C> ;
,T,-', m
rn...... -c
.,., -
-n::ri - 0
6(.~ .:;
;:0-'
'Q~"':ih....,. '
,>:rn...., ,. "
DWIGHT E. BROCK ".'., ,;\;~:;:; :::', , . ....,...' .
Clerk of Courts and .Cl~rk', ;. ;;;' ,':. ,:-: ..\".
Ex-officio to Boardiof'-,':: .:': ",,::.','.:
County Commissioners:: ,,> ....... ,,~',,;':::'::~.
: : ,: ":... ..:'~t.f:..~)", ..:.f...:-..
-r ~ (.; -'...z-{J< \ "';~ .,'~;!~~~:t;:;;~{/
)-::::201;,.. tI . .. ... ...." r.o ,''': "
" <,'",. ..' ,",.
By: Ellie Hoffman, ..,...:.1;.,.'<...........:....
Deputy Clerk ..,....,..... ....
.1A
Page I of2
Munoz, Silvia
From: Tom Henning [hennlng,tom@gmaiLcom]
Sent: Monday, February 11, 2008 7:29AM
To: tuckersam
Subject: FW: Olde Cypress Preserve Buffer Zone Question
From: Diane Ebert [mallto:Jodlebert@comcast.net]
Sent: Monday, November 26,200710:19 PM
To: Tom Henning
SUbject: FW: Olde Cypress Preserve Buffer Zone Question
From: Martelle Kltchener [mallto:marlelle@tUrrell-assoclates.com]
Sent: Monday, November 26, 2007 3:19 PM
To: Jodlebert@comcast.net
Subject: FW: Olde Cypress Preserve Buffer Zone Question
Dear Ms. Ebert,
Please find attached, the answer to Commissioner Henning's question regarding the buffer zone status.
Thanks,
Marlelle Kilchener
From: Herbst, Harold [mallto:hherbst@sfwmd.gov]
Sent: Monday, November 19, 20075:27 PM
To: Marlelle Kltchener
Cc: Nagle, Steven; White, Mark
SUbject: RE: Olde Cypress Preserve Question
Marielle: We consider the buffer as part of the preserve, and as such, is off limits to any activities except for exotic/nuisance
vegetation maintenance. I know the buffer zone areas are not clearly defined on the permit drawings. Everyone has to understand
this is a relatively old project and the District just did not require the definition or quality on the permit drawings then as we do now,
The best way identify the preserve limits (whether or not there is buffer) is to look at the cross sectional drawings and look for the
rear yard water quality berm and swale. The waterward toe of siope will be the preserve line. Any plants or objects such as;
benches, lawn omaments, trellises, swingsets, gardens, etc. are considered encroachments and will be requested to be removed,
I hope this adequately answers everyone's questions,
Hal
From: Marielle Kitchener [mailto:marielle@turrell-assoclates.com]
Sent: Wednesday, November 14, 2007 2:38 PM
To: Herbst, Harold
Subject: Olde Cypress Preserve Question
Importance: High
2/11/2008
'lA
Page 2 of2
Hal,
There is some confusion at the county as to where the preserve begins and whether or not the 'buffer zone' Is within the
conservation easement area behind the homes that abut the preserve. The Commissioners are looking for an explanation
of what 'buffer zone' means and whether or not the in<<ivldual homeowner has any ability to use n or maintain n behind
their homes. I have given my opinion on this when I have been asked, but I would appreciate it if you could please also
let me know the District's opinion on this subject.
Sincerely,
Manelle Kitchener
Operations MWlager, Turrell, Hall & Associates, Inc.
Turrel~ Hall & Associates, Ine.
Marine & Environmental Consulting
Naples-Nassau
3584 Exchange Ave.
Naples, FL 34104
Office: (239) 643-0166
Fax: (239) 643-6632
2/1112008
lA
FW: Saturnia FallslOlde Cypress Common Berm, Wall and Buffer
Page 1 of 1
Munoz, Silvia
From: Tom Henning [henning.tom@gmail.com]
Sent: Monday, February 11, 2008 7:28 AM
To: luckersam
Subject: FW: Satumia Falls/Olde Cypress Common Berm, Wall and Buffer
Attachments: 20071205113604631.pdf
----Original Message---
From: Kevin Ratterree [mailto:kevin.ratterre~~lhomes.com]
Sent: Wednesday, December OS, 2007 4:30 PM
To: tom henning
Subject: FW: Satum!a Falls/Olde CyPress Common Bemr, Wall and Buffer
Just an FYI on Olde Cypress.
Hope all is well.
Kevin
-----Original Message--
'rom: Kevin Ratterree
Sent: Wednesday, December OS, 2007 12: 12 PM
To: lJohn Dininol
Subject: Satumia FaBs/Olde Cypress Common Benn, Wall and Buffer
John,
Attached is the letter outlining G.L. Homes thning commitments relative
to the construction of the common bonn, wall and landscaping. Original
being sent regular mail, so I thought it better to give you a copy just
to make sure you have it for the meeting on the 12th,
Kevin
" ---Original Message----
From: Default Scanner User [mailto.;.!:oDvscaoner.userf@g!hQ!!!e=]
Sent: Wednesday, December 05, 2007 11 :36 AM
To: Kevin Ratterree
Subject:
This E-mail was sent from "RNPA1BCIC" (Aficio 3260C),
Scan Date: 12.05.2007 11:36:04 (-0500)
2/11/2008
'lA
. .
1. :::::;::ctdlmt. Native V.Delalinn th.tl. re.ulred t. b. nr.."",.d DUrsu.nt tn 3.9 S S .b.n be aot-asid.
in 8 P ~ lIfIIl Alide all nrf"Jl:ervel Rhall bft labp!led 1.1 ctpreerve" on all site nlBnJ.
2. Mlnlllfllm dJmlmtrllJlU The minimum width ofthe nreserve Ahllll be'
L twenty eMf for DmD~ tell than ten InTel
b. ~n -;~";;~~thirty feM in width but not IMI than twenty feet in width fOr nrooem eaual to ten acres
and IMI thlUl twentv aeres.
c. a~ ~;~~f fifty teet in width hut not lell than twentv feet for nmnertv oftwentv 8erM Bnd Ill"88.ter.
J. ~::'':~ Where created nre!8rveR are Rnnrnved the JandsCBo!! Dlan shall re-create I. nBlive
otani . in ;eaordance with the veDet.tlon al2:e!l Rod ItandBrd5 B!lt forth in] 9.S S. The R1l8cinll of
~:i~~~ii i,,; a; fullnwo' !Wanly to thirtY fnnr nn c.nter fnr troeo witb . .m.n canoDY 11... th.n 30 ft
L~ _ do'.~ fOrtv mot on QMter for lTell!! with a IJlrRe c&nODV (o:reateT than 30 It: mature spreac!\ five
rn~t ~: ~~;~ fu; !hruba and three foOl on oenler for nround covert Plant mBtM181 Ghall be DIBDled in a
;;;00;; ;hst mimics 8 oltural nlBnl community Rnd IIhll.n nnt be mlintAined as IzndRcllpina: Minimum sizes
f~; ~iBn; ;~terlal mav be reduced for ICnlb And other xeric habitats where smaller size Dlants material arB
hettfllr luited for re.-establishment orths native nlant communltv
8. Al'~;~;~ ~e8ted nmserve!l Identified In 3 9 .5 S all mltia:ated native "reservation mav be used to
1'1M7eate'
l not mnrB than one aete of the retluired Dre:s~e! if the nroDertv has leiS than twenty acres of 8xistinR
nativl!!: veD:~tl!itinn
U, ~; ;;~~h~n two acres of thfl rMulred nreRMVeS lithe "mDertv hal eoual tn or Ilre:Mer than twentY
ReMit and less than einhtv 80ffll of e.xistiml! nll.tivlPl velretation
iii. ~~t~~;ihan 10% of the reqJ.Jired nreBerveA If the Dmnertv has MllR) to or IlreIlterthBo eh:!htv Beres
of exiRltnll native venetation.
b. The minimum dlmlmmons shall Bnnlv AS let forth in 3 9.S.5 6 2
C. AU nerimeter landsc-.pinEr sreas that are reouested to be aporoved to fulfill the native ve,etation preserve
reoulrement. .11.11 be I.beled as ureserve. .nd .b.1I comnl. with .U nre,erve IleIbacla
d. Created nrMeNe mccentions mav be sr:ranteld:
L ;;b;n a State or Federal pe.rmil requires: creation of native habitat on Gite. The created nremrve
:~IttA may fulfill all Dr Dart nfthe native vea:etation reouirement when oreserve! are olanted with
__ thr~e ;r~t.. usinG' the criterIa Jet forth in Cl'wted PI'Uen'fzs. This exceotmn may be ,""anted
tenrdlsl orthe s:i~e of the oroieot.
it. when Bmall isolated DreaR (oflell.ll than 1J.J acre in size) ofnBtive ve2etation exigt on lite 1n OBst;5
whe~nn:;~on ofnativlI vea:et.ll.tion re!lults in small isolated areas Df~ Bcre or leIS Drj!ger'YeI inn
be 0 ---1_ "":th all three Rtfa!II' using: the criteria set fanh in Created Prt::Jervu Bnd shall be created
;diacent ex:istinsr native v~"et.tion arells on !lite or contiO'lIous to nre.serve! on adiBcent DmnertieJ
This exceDtlon mav brl granted re2ardles:s nfthe size of the Dmiect
iiI :~e~ ~~ ;~~e~B 'Ooint to a Droieol ORnnot be relocated To complv with obliallitorv health aM nfetv
__nd~t~ ~ch as rOld a!irmnumts mouired bv the State. preserves mav be hnnacted Bnd creat~
elsewhere on lite.
-4. Reaulred Setbacks to PreatlMles. All TJrinclDa! stmctures shall ,hBV!l a minimum 25_foot wback from the
~u~~~i:~ ~~ ~~o~ Acc.aso", "nlcture. .nd .11 olher ,ite .Iter.tion. .h.1I b.ve . minimum 10- fOOl
tb _ l u~~~ ofanv.nres!!lrve. There shall be no site alterations within the fil'Bt 10 feet Bd;acenf
f :n~n~~ u~le~' it c.n bo domnn!l!reted th.t It will nnt .dversely imnael thalllleRrltv oflbal urea.....
i ~.II a b;~;;.:-oved.tn be nlaced within 10 feet DrthB upland nrf!lerve. but may not be .p,proved to bo
~i~ed ~hi~ 10 feet of a wetland nreAerve.. uoleRl it can be dl!lmOn~trBted that it wilt not N18tivelv imnact
that wetland)
~
~. :::.~ =1:, Ve:,,:.~:.n Removal ond Maln/enanes Plaru Exotic veelation removal .nd mainten.nce
-L R _, e th.! __!ory; T exotle!l be removed from all Dl"ftServes. All BXDtiCl within lh. fint 75 feet
~.:f: ~~~~ ~~ ~f oveN preserve ahall ba nhyoic,ny ...moved or Ihe tre. cut duwn to I!I'IIdo .nd tbe a1umn
d' _ Environmental 'Protection Aa:enc:v anoroved herbicide Bnd B visual trice clve BDoned.
:;:;E: ~;~i~ i~ in.",inr of the ore.erve m.v be ""nroyed to be tr.aled in nl.... if it i. determined that
~~=;;;ril ~ i~~1 mhrht CIlU.!IB more damalle to the native veneration In the nreserYe When rnoluDite:d l!'!Xotic
'0 . ~~Qved hnt the ball! of the velfetatlon remainlt the ball! .hall be treatoo with an US.
:~r:~:~:~::;~ction M.ncy apnmyod herbicldo and 0 vl...al t",c,,, dye aholl be aDUlled Exodcs
it ' __ ....f ~he preBerve may be anoroved to be treBted in "lace if it 11 determined that nhvIieal
::~~a1 ~il'ht cause more damage to the native vegetation In the Dreserve. When omhibited.emtic
tltlft il remCJVed but the bale of the ~gefation remain, the bue shall be treated with 8ft US
E~;i;'~;~ntal Protection A~encv armroyed herbicide and a vim!) traDer rive shan be aDnlied A
Pap 6lol70
Words ~JeUgh arc deleted, wan1s underlined are added
lA
maintenance plan thall be irnolemented on II vearly basil 8.t a minimum Dr more freouentlv whan reouired to
efFectively mntml exotics: Bod Khall dl!!:Rcribe Ilinedfic techninu~s to nrevent reinvasion bv nmhibited exotic
VBl!etation or the lite in pemeluitv The olan .hall be 8nproved Drior to the i!ulUBnce of anv final 10081
develoDment order
6. EremDlI011~ ADolications for deVl!lJooment lIrrlcn RuthorlzinD' Rite Imorovement.l i e an SOP Dr PSP and
on I. cRlle bv CUI!!: basil a PSP thllt liTe .Ilubmitted Bnd deemed fmfficient Drior to June 16 2003 are not
reuuiTed to comolv with the new reRulationl in !ection 3 9.5.S 6 adQDted on June 16 2003
SUBSECl'ION 3M.
AMENDMENTS TO DIVISION 3.14. , PENALITIES
Divi,ion 3.14.. Pe.alli... of Ordinance 91-102. al amended, the Collier County Land
Deyelopment Code, is hereby amended to read e' follows:
DIVISION 3.14. PENALTIES
.
.
.
.
.
.
.
See. 3.14.3. Exceptions; penn it.
All pennita to allow operation of vehicle. on county beaches shall expire on April 30, DC each yaar. to
coincide with the beginning of sea turtle nesling leason. During sea turtJe nesting season, May I through
October 31, or each year, .11 permits '~all be subject 10 section 3,14,6~. ofthia division.
3.14.3.1. Sheriff: city, stale a.nd federal police" emenrenQv services and-geme SHd fish sBfftftLi8.ien 1ha
Florida Fish and Wildlife Conservation Commission vohicles operated or authorized by officor. of these
departments operating under orders In the normal course cf their duties shall be exempt from the proyi,ion,
of this division.
3.14.3.2. Vehicles which must travel on the beaches in connection with environmental maintenance,
conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16.
providing that the vehicle(s) associated with tho permitted uses of CoHier County Ordinarn::e No. 89-16
remain stationary. except to access and egress the beach, shall be exempt from the provisions oflhis division
iC a permit has been obtained from the aite de';elepmenl fB\'is"lI Environmental Services Department director
or hia designee, and said [permit] is prominently displayed on the windshield of such vehicle anti kept with
tho vehicle and available for inspection. The procedure for obtaining such a permit shall be by application to
the aite de'. elapmBHt f&".'iew Environmental Services DCDsrtment director in writing staling the reason or
reasons why it is necossary for such vehicle or vehicles to be operated on the beaches in connection wlth an
environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier
County Ordinance No. 89..16, taking into consideration the vehicular use restriction previously stated as a
criterion for an exception, and permit for such vehicle or vehicles shall be issued by the site develepmeRt
t'eYiew-Environmental Services DeDBrtmenl dircgtor if the site de. elepRlISRt Tevie':, Environmental Services
DeDartment director is satisfied that a lawful and proper environmental maintenance, conservation.
environmental purpose and/or purpose sa described above and allowed by CoIlier County Ordinance No. 89-
16 will be s~cd thereby.
3.14.3.3. Baby buggies (perambulators), toy vehlclos, toy wagons, wheelchairs or similar devices to aid
disabled or non:ambulatory perlons shall be exempt from the provisions of this division.
3.14.3.4. Yehicle-on-the-beach permits issued in conjunctfcJn wllh special or annual beach ewnts...J!l
conitmctlon with nermanent cDncesslon (acmtJes. or for other routine function, QS30cJat~d with mrmitled
"au of commecJal hot~1 DrorJe'J'ty. Vehicles which Ire used in conjunction with functions on the beach, II
peFfftiH.BtI hy aft. appreved speeial event tempePBf)' tI!JB peFfftlt, er 8Mnlal haM 8\'88t& p8Fmit, are exempt
from the provisions of this division if a vehiclClo.OR the-beach permit has been granted by the pletHtiftg
seFYiees.Envimnmeotal Services director or his designee. All permits issued are subject to the following
conditions and Ii mltations:
.
.
.
.
.
.
3.14.3.4.5. Permits ahsn oniy be issued for ArVa when Environmental Servicea D..artment stsff has
determined that: I) evidence ha! been omvided that there hi B need to move equiDment which due tn the
Poge 62 0(70
WordllHl:Ililll:t al:lgh lIJe deleted, words underlined arcaddcd
!
()(U)INANn: NO,II~. no
....N OIUlINANCE AMENllING ORDINANC"
NllMllIm 91-102, AS AML:Nlllm, '1'111': COLLIER
C'Ol'N'[,Y LAND IH:Vm.OPMENT COlm, WIIIClI
IN('I.lall'~-; TIIF. C'mU'IUmENSIVI.: 1u.:can,A'I10NS
FOI~ TilE IININ('ORI'OIUTIW ,\lu.:,,\ OF COLl.llm
('OlINTY, FUlIlIllA, II\' 1'lWVmlNG I'()I~:
SECTION ONI" RI!:CITAl.S; SI,C['JON TWO,
FINI>INGS OF FACT; SECTION Tlllml'~ AllOrTi(~N
OF A M1,N llM Er.TS TO Tim LANll Il.:VI~l.OPr.u:jil'[,
CODE, MOIH: SI'RCIFleAI.I,\' AMRNIlING nJE
1"Ol.l.O"'INC;: ARTICLE 2, Z:ONIN(;, lllVISION 2,'11; ',; ,_~
Z:ONING DISTRlcrS, l'ERMrrrrm lISI;;:;;,.' =? ,.,'
CONlllTIONAL lISES, 11lMENSI()NA~~
ST.INIlAIWS, INCLlJllINC; IUCVISIONS TO TII~?
11I1ItAL AcaU('\ILT\lRAI. IlISTRI('[', AllIllNG Till':
IUiltAL FIUNla: MIXlm liS"': IlISTIUCl',
1;o;('I.IIIlIN(; RRVISIONS TO Tim ES'l'ATES
11ISTIUCT, INCI.UDING RRVISIONS TO 1'111(
IU:SlIlI-:NTIAI. SINGl.E-I,'AMll.\' 'DISTluer,
INet.tllllNG REVISIONS TO Tim RIi:SIIlENTI....L
MIII.TlI'l.E-FAMIl.I'-6 lIIIoTRICT. INCI.UIlIN(;
ImVISIONS TO Tim IUcSlIlllNTIAl. MULTII'I,E-
l'AMII.I'-12 I>ISTIUCT,INCLUIlING REVISIONS TO
Till': RESIIlI(NTIAL MlILTIPLlc-FAMII.V-16
I>ISTIUCT, INCLUDING REVISIONS TO TilE
RI(SlIllcNTIAL TOllIUS'I' I>I."IUCT, INCLUIIING
REVISIONS TO THE VILLAGE RESIDENTIAL
IlISTIUCT, INCI.lIDING RF.VISIONS TO TIIR
MOlllLlc 1I0ME IllSTIII(,I', INCI.UIlING
Im'''SIONS TO nm COMMlmCIAI.
I'RomSSIONAL ANI> GENERAL OFFICE
IllSTIUCT, INCI.UDlNG IlEVISIONS TO TilE
COM~'IEI~CIAI. CONVENmNClc 1l1~"lu("r,
INCI.IIllING ImVISIONS TO TIm C:OMMF.I~('I^I.
INTEllMElJIATE IllSTRIC-T, INCLUDING
REVISIONS TO THE GENERAL COMMERCIAL
U1STlUcr, INCLUDING REVISIONS TO THE
ilEA VV COMMERCIAL DISTRICT, INCLUDING
IU-:VISIONS TO THE INllllSTRIAL ZONING
(II STRICT, INCLUDING REVISIONS TO TilE
CONSERVATION I>ISTRICT, INCLlIDlNG
REVISIONS TO THE PUBLIC USE DlSTRler,
INCLUlllNG REVISIONS TO THE COMMUNITY
FACILITY DISTRICT, INCLUDING REVISIONS TO
THE PLANNED UNIT DEVELOPMENT DISTRICT,
INCLUDING REVISIONS TO THE RURAL LANDS
STEWARDSHIP AREA OVERLAY DISTRICT,
ADDING THE NATURAL RESOURCE PROTECI10N
AREA OVERLA V DISTRICT, ADDING THE NORTH
BELLE MEADE OVERLAY DISTRICT, DELETING
THE INTERIM DEVELOPMENT CONTROLS
(MORATORIUM) FOR THE VANDERBILT IlEACH
RESIDENTIAL TOURIST (RT) WNING DISTRICT;
DIVISION 2,3, OFF-STREET PARKING AND
LOADING, INCLUDING REVISIONS TO
PASSENGER VEHICLE PARKING IN
CONJUNCTION WITH RESIDENTIAL
STRUCTURES, INCLUDING REVISIONS TO OFF-
STREET LOADING REQUIREMENTS; DIVISION
rhga 1 Dr 174
~>
,,'
<'
..-
..,., "".:i.
C .-
:-.3
::>
.,'Of
j,';
Words ~lg.h arc dcle:led, word!O~llrc IrJtkd
1A
."
&. Upon condulion oftbe hcarlng Ibe cnvlronmental Ddvisory board wltlsubmlllO lhe board or
counl)' commlsslol1l:n Ihelr rDCIS, nndinp aud rccummcllootkms
t:.. .lllC buard ur counly commissionct'!. In reculllr s~"lun, will make Ihl:' finnl dl..'dsloa Iu
.n-ttm. uverrule ur mudlr)' Ille tluciwlon or thl: Ul.lYl:IUpnUml st.'1'Ylt:e!O dl1Ct.1nr In lighl uf Ihe
n:cOlnmundudun~ or tbe enviranmcnllll udvlJory bURl'll.
.
.
.
.
.
.
SUBSECTION 3.K.
AMENDMENTS TO DIVISION 3.9~
VEGETATION REMOVAL, PROTECTION
ANI) PRESI!:RVATION
DIVISION 3.9., Vegetation Removal, Prolection and Preservation, of
Ordinance 91-1 02. as amended, orthe Collier County Land Developmenl
Code. Is hereby umcnd~d to n.."Od as follows:
DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND
PRESERVATION
.
.
.
.
.
,
3.9.1. ~JHI...eItM.tIIHh TITLE AND CITATION. This division shan be known IInd may be
eit,prlas Ihe "Collier Count)' VegetDrion RemovlIl. Prtltcalon and Presel'Y8tlon Rqpllalioos."
3.9.2. Puf1MHlt. PURPOSE. The l1urpoS\l: orlhls dlvlslnn" Iln: prulmlun DrYl.1.ocllltlon whhilt
Collit.'r COIlIII)' by rec.ulnling lIS n:mllvul; III Ulishlllnthcl cunlrul or Ilnudins" soil LTUlOiulI.. dlllll.
heal. air pollution und nolll! and 10 nlalnlJlitl propt."ft)', lIcs:lhctlc lnd heullh willes within ClllliLT
CounlY: 10 limk Ihl! use orlrrigallon wiler in open SpGCl: arelS by promoting Ihe prcscMlllon of
exlsllng planl comlnunhlcs, To limit the removal or existing viable vCScl8110n In aJvanee oflhe
approval orland development plans; to limit Ihe removal ofexlsllng vIable yccelation when no
landSCJIpe plan hIlS been prcpllll!'d for the IlIe.111s nOlltle Inlenl otth15 division 10 R'Strlctlhe
mowin.a of nonproleclcd vegetation In order lomeelltle requirements of OIher secllons of Ihis
Code.
3.9.3. ApplieaWtity.. APPLlCA 81 LITY. It ,"'11 be unllwfUl for an)' Individual. rnm,llSSOCialion.
joint venlUre, punnorshlp. estate. trust, syndicate, fiducmry, corporal Ion. group Dr unll of fclkrnl
slall:. counl)' or municipal goyernmentlo remove, or UlherwlllU destroy, vcGetatlon, which includes
placing oradditlonal nil, WllhoUI nISI oblainlnH I ve~ctDlion removnl Of"wuetalion rcnlC~VZlI nnd rill
pt:nnil from tho dcvelopment servk:cs dlreclor except os lu:n::inuJ.'ur exempled.
3.9.3.1. 6liempHElBS ilRd EllileJltlsfM;" RXEMPTIONS AND EXCEPTIONS
A NBMa EXEMmON DevelQoment In NBMO Recl!llvinD: Lands lire exemnl from
(he Dl'Ovh:lons orcbls OlvlJion
.11. .e:llfl~iA811 IlId W88BlIlIllea 'FrIlls BtlatptlsR. SEMINOLB AND MICCOSUKE:E
TRIBE EXCEPTIO},J &:/flEiiel" thlllln aceordance with F.S. f 511.187, vegetation removal
permits.han not b, required for members of either Ihe Seminole Trlbo or florIda or lhe
Mlcl:OSukce: Tribe ofFIl)fldalndlans, subjecl to the rollowlftll; condllbns. Suld parmil
exemption sball be for the sole purposa of haryestlna select YCaellltlon, lnctudlllg. bul not
limited 10 palm fronds and cypress, ror uso In chlckee hut consIruc:lion, or for cullum1 Dr
religious purpOSl.!S, dnd tribal member Id~nllncaUon Dndwr!Uen permission from lha propert)'
owner must be In pos5C!sion allhe time Dr VCQclDtlon remDval. This exempllon sholl nOI apply
to generalla:nd clcarine., or 10 ag;rlculluralland clcarlna.lncludlna sJlv!cllllurc.
C. AORICUL ruRAL EXEMPTION A.l!rleultunll oDoralionslhil filii within the SCOOC! or
seclions 16] ] I 62(4) and 823.14(6) Florida SlamtCll are exemnf (rom the nmvlslnMO(] 9]
Ihmll~b J 9 9 omvh:tl!:d !hntnnv new cJcnrlnu. nflnnd for'lI!ricllllIl~alllsldc nflhll' RI.S^
DislricI shill nol be converted 10 Jlon.nl!r1eullural develoDmenl (or ")5 vean: Dalen Ihe!
IInDlicable brevlsJons set forlh In Sections 1.9 4 (hroul!h J 96 BI1!! adhel1!d 10 IItlJillllmc onh~
CDnW!r.dOft The ~en(allc orallllve VCI!Ollltlon Drt!sef"\lcd shoJI be l!Illcullded Oft lhe nmnunl Dr
PII.l:~ 125 or 174
Words SIl'lI&JH.hl'eugh ore dclclctl. wordli undcrIlIlL"lIun: IkIdud
1A
msaUllon ucellrrlll!! "I Ill!! 11m!! uflhl!: uuricullunll dCllrinu IIm.!lr r..urn) 10 hI! dclicu.'fI1 '"
nfttiv~ olDnl CDmmnni1\' Itltull be res10red 10 fl).erealc It "nllve Dlunl cDnmlUnkv In .1I1hree
IWI!Illul'Dlmd c:cwen: 111mb! and Ire~I.' 1IIi1i7.inll lornet.nlllln mnltrinl! so M In mDh! nukoklv
~du:JOll...Wmllre VL'I!I!!Illloll
I). I)RI~.I!XIS'rINo US~S E:xcmn\tun! !'rum 11t~ rc'lUlren,~nls Dr!iccliDlI J.9J..!I!B!!:IBb
;;'2.!J III.U JIlIIJlnn~_II\"IIll>~I.!lC.Ji!lliLlbUQJlJilll!lllilm..n(J""~ lritlun ,"" KfMI!L1 ~.h"b
!:Shtl\o'l.l }~~L""!II'" nrJUt J~ ~1I11\l. J~. ~1I(u.
I. . Jjusb J:~wln:.~ulwUJIlli1l!!k:J~U1II.:L.r1!r.n:bH;]Ulltll:UllImlmnnhs \\~rl! ili~4
nrin, In JIIII\! 111 'I(IO"'h or anll!.!!!I!: for which II ("Untllll,","III!!! Dr Ill!mlH! 11IU.llhmJJai..m:l."D
annn)\'I!d h\. lite COIIOW orlor 10 JUn! 19 2001: Dr hmd Hie nelhinns ror ,,,hleb .
~ICDlion hall: ht!en IlIbmllled 80d which hDY!! h~n delll:nnilll!d 10 ~ \'\.'!I~
rfl.!DL..1bo roUlIll'I]m<<lt.~ of IN! Final OnJer nrlar In June 19 '1001 "U! cantlmllltlnn Ilr
~llnJl,.II.SUhnl.l.1.u.;lmIl!t!xDnnsinns nr~lilrllln:h L"Xnlln~l1.euEi!lntl..!\ilb
"rd":lrIYIJOIi:Ulnn'ltll"c(!xili~
~ Such Drevioll!!:1v onDrtlvud dCYIII~nltU!llll 111011 bt! dllcnn..'IIlo bt! eOflslslmI. with Ihe
ill!4f..{igi1lL. Pnllel~ nnd..Db.I~utuLl1I:.M1LDI!llrit.1 11m! IhL"V nlDY.m: buil1.mn.in
Jl<I:!IJ3tiJlu:Il.II'bU,ll..ir.nr<>1wJJb:..DIlJltl!YI,iu!llI!lli....!::Un.W.l1I Ibm Ill"ri.II"'Dnr"~"
:d1U1l1t1"1l hI: 4~'1'lIh....lllllx- I."I1UNillll1'lll witlll!!l"' !1~11' (iU:lh..I)bj~'flj~ 1lII1IIIIlIid,:" rnrlh.."
I(I-trl~.l.lljllld~l ill! ImULJlLIho:Jh1l1!!1 W.lIU1L l1umJlliimllm: jlt lk'l'\:lJ!IIDI..:'lII.P.l.'bjjJ)". P('
~iu'
11- I:XI:~,i!lT MANG~( TE.RATlON PROJECTS. Mnnl!mve nlllmllloll nmiecas
11131 On.' t!x~nlDll!d l'hlm Itlorldll Dl!11Urlmenl ur Envlrnnml!ntal Pmlccllnn DCmlit n.."tIUin.-ml!NS
ID:..Ekll'itht Admll)l!tlftlth'll Catlc 17"'3' 1.060 nl'l! eXOlnnl rmm nn....l9'Vnllon sl800amll ror Ihe
mlln"na\"t! In't.~ 11Il1~ .i1L"" III't! n nllrl orn nreservc. Thl!; I!:xemDtinn shIll nnl nJ!l!bUp
mun"M\.'a nl1el'lllll1nl: en romovnlln unv nreerve III' In nnv nmlt whl!Tl! Ih~ mnnllnlVL'!i: h.ve been
n:lab!d In IIll1h,rnclinn urSeerlnn 3 (,)" The CnIllL-r County ~lIvimnlmmlDI Advlmn' CI!lID;ij
mAC' mnv l!n1l!l.J1..nIriancc In Ihe nrnvlsln!'l!l arlhb seellon IrCOlnnllllncll: with Ihll: mnnL"'U\"Il:
tree DI't!!l~rvnlit1n smndnrd.!: !'Ir Ihi!; Division wnuld Im!'losl! b Illllaue nnd unnl!Ct!UIlrv bm\W1Jp
l!ll.lh~ h''''h!r ur un,' ulhl!r Dl!riO" in anlrltl or nrrm!ll!!tl nl'ODI!nV Manl!mw Irlmmhtl! nr
I'I!nlD"nl ('or n vw\\' !lhnll nOI he: coft!lldef(!d R hunkhln Rellehholl bt! I!mnled nnl\' 11m",
demnn5lnlllon tlV Ihe Jundlt"'1h!r Dr ulTeell'd Dllr"'I"nl such hllTdshlD is hI.'"CIdinr III till: all\!(.1ct1
I:![SlIh:I'U: nnd nOI sdr.imnUJled nnd 111II11h!! l!nlnlllr I!J::l1l:lJuwurlll~ !!1'lm1SIL'Ul wilh..!!trJnt!:lll
o'lhiulivi!Oion !Jnd Ihl! 1!f'O\\'Ih nlnnnlmml:!nlllhlll
Bu.;U.f. .\pftlirlltl.h-f'Hllt~
J.9.1 1. Ql'U! ," 1f,''I UJff.i. M ~Je "eeelltlan FlIIIlI II potmllo6kRIlIr. YSYltl ~ II.. ,IIfIRiRg
se~iFeel4lHWKIHlkpJtl,"~~HutIe;&Rd-ee~flN,..11i u "'!lIBR.le~hc
~lupln..-nl-ll!l'Ylces-dlrila:II1p.}lll...e-blt~n-uItIHII'I.d.-'f.ht!SlHll)pmy"'l..ma)'-il1e1.ullW;-bll'-aN-rntl
nmlhlUIU!
Uui".II~lhs.~I-MHiewr4IRel! .It" ..lilfR J2.K,J.~~~kK...:ow.+
~hll.wfthtltHl~-d~~pl\tltm-peAllili-.
Y.&-AAn~~Et'litlilltl'l-pltAnllli-UI'~"".
~pllftm~~ltnYkv""IIRIIlo~lrmiUl'l-pt'fmit5 IT e1'HlfIptian..
IJ.$. Fish IInd '.Vlhllir~ EIlM'i~I;HIF-.I"tIl1fJliItR".
Fl8f!dl fish and WildtW-GeflSel'Yolll.fl CBlftlflissi9ll-pel'l'lHf5oef-Mefttpl.isR!l.
~htF-M.MgtnWnl-GiHlpje~jtet'lftoilll...,oHBAlplfeR!r.
GfhlH'-llpp1I~"ll'yI'e/le se~I'-fHfHpt1eA5-.
QIkeM1eullly--llppl'&m!n
3.9 12 itt'JI.'flHJf!61t ttJrrtS"H \p.JIlieetlsll ref" ....t.liIR ,.ml 81 psJft'lk sMillie ..."",illed Ie
IhHl.....8JHR.RI n.p"i,.. ElI..,le' 1t1-Wrllift& 1ft. fBI'R'l "rEdded hy .hl! Ide .elltpRIsR' 1I.P1IBI!i5
H,lAflMMh
+he-appIi8Miell shall ifllithull \ft, fall...1RIIRfar",..lelll
JS'. ca. I. A CIRullI.le "'egllalIBRIn".IlUB" . 'hi_ lRshllleHI
1. c;l!~A..I+=Mltg,rll({Il.1 fm8lfflJry.A gonoN.llelld .IBla~ft..RIe.".9halllihll.. .he
'I'JlfBlihllll! leeatlsll .RIIII1Ie."18r''egelltl~I'I!lO. "nil IR'lBRlsrs Ihalll!le hind up.n
'hll! F1UI. 11U'IRl .. BIIIl\M&-lF\fel'ffiMleftrl:er lleRll!shIIMllllHllw-n","lAllnl~pM'IIHt-fh~
Inwt'tefY"'RlII)'-:be-j~~ft-llwial-e~Ick\I.....")TfInd-I1'''~ltttl-br
pHlli'lNllpke 8f 1.081111'. iII1151f11lh'lg t)ldealllrllll er .....htll rererl!".1I w ,lI.sllllll" In 1h.:
.erIfi.eIr-su... ~. lull ,h.11 .11l1lt'1).-hwU.......ltMat ~'pll' Inlll prele.led . .tg.t,U8R. .nd-nI.,.....,e
......".plBll!d h~ 'ta.181..'~MfI,....+uuMftilftati)'"h'I.n:H .h .!811.thIH Nr.....III111'd III
,ashh'll'. 1111 the .sri.lllr 'IIP'1~ '~he-cen.,;llIl..tI. lIa.1I118" 1M- .nallF) 11t.1l1f. pNparedin
IOIM-IftIBner ..hleh Illear!) llIuSlrah!S lit" I'Illlffkm5hlps bUIWtlln the IfeM uf'/llgtllltliuHlHl-litr:
P........-<il<-ll.__
Pa",e 126 Dr 174
WonIs 1II,...tt Illl8\1gflare deleted, wurd~ 1~ 1In.: added
'7A
2... .. ..C.;l'tM'dliJ"J'fWlll~'tIl.'CSt'lUI/lt'lIhllJ.J1!"III",jlltlll' :1'1.~lll1l1f11lr"""'''..lifllt"HU\'ttUlury
5hltll-lw..tKMIUl1ll'llni~rilffWfltl,"Hm"''fiIH''nt-ur-l.ll..,IHMI-",,""I...iHe-whiull.ht1W.bt!t!1I
likltllli~ lJIJ .bll! IrtHII!.:l1ht 1I1illllllJlllh/tll olllllllllnuhllJu 1111 ~y.III"t1uD..r L"lWllc'.,,"nd qUIIIII)' tit Ih.:-
11111111 L'1IIIUllunilhni itlli'lIIilil!d.. illcludillllhulr l'ltl'II)'rWRbilil)'i Mild sultl"lIllter,pJl)'sklal
chRnu'''.'f'I:ak>HnJ-lftuluFJ-wlliol,.m.)''ilR'uctHhltl....'N6''....lilNh-=AltHw,uRlBP)''fISHISlfteflHlI'ILl
ll'....IUltHt.11 ",It II hll1'r"JIRHd.b)"tl-JWnMtftoklhIWldLlJ:V3bII! hl-lhtHtk.otuml!lIllu....nd li'wltNtIk.'.nr
k'1!l.!ltCli\'... r.!'UnINIIII; Jiillull,ns B.r,uwt~r;hilfhl&tllllt ,"It''''~~Iil\ hunk:uII1lRSI..Jltf\Jt;ctClW IrR:hilllL'1.
'IrL."rtilill'L1I11I~III'yn,"ll
J.-. Rr...,_H"j.'"IJ.Ii',tlH.#~tI#hIH.4=lI~UHl!lnplnl!A'"a;~RMHttf-fl'lIy.t'1.-qlti"'"lhlll
t1"'itJ1plihllllfl.lllulmllf.ItUIIIt.MJ"hlllmd -Inrul'llluli,'n- whi~lt iHIlIllk'ftlllhl.! Mnd 11041."'_1)' rill'
nd.ktuHI.:-..Jlllinu;IPltliul1-uflhhltli..."'jtll'-
;;,V,..h~06il'll-tthlll-WlHeh-ftwluo_
~~--PMpt#I~~i"I~HSHMhil
:. b1flfiMieltoilr-f1tlsHnlt'ilffioeslNe+ti~HIHlNilt1nll;
.l-:- . ......w.1i811"9r-I)I.I'r1l5~~51I'Utfltll'8rl..wIlR....lllrtHIHlJ""lhlAlljUM.
.(.,.. ._....:t=Jl.!. h}tfllliYll'lI11d!iJwei~kll-'Il'BIHll!d YI!t:~llIlh:ln.-htIftlll.st8mJ..Brll...ing'" 51'L"t'ius.
1111(.'11'611 ,.:yprv~1I h~llLlli. lIIUY~N' h\dlcllll!L1u It &l.tt\lr-willHIIIII(lpfUxilt'"I~ lIumOOr ,'NtI'\1K.
s.-.-~I~it..jilflt~I~,HifMn-tft!6.
fh---~itt-Blill~Htll-l!'rell!ell!tI . e'I:!IIIHeM-pM1'"fHtI flu film B .1.
+.---IYl:II!ilOOtHtftlkitlllIH~h!eliYtHtttfFite~lf-YepMl~~aiRN..
&----f)es"fiplkm-uHRNTII'"11ltl1l IUIiTnlil1l 8HmIl1l:fUYIlJr.
Q. l)e:IGrj,HEI~I) pF8]!1el~1I RlliIlftlIlMRH-tf'ih'lmlRB-8r-mBn~
,J.:9,..I~h-t\iHN-IfItII~l!WI"'lt..w1.icID-iRt1-kKt~
~.....----NiI"'U!. BlIsrl!tl'. .~en~FB"II"'~ II "1l1!1\
J. tlaRle. ad~re/is,..andJlhBRa Bra'Hh8rlilllldll~ft-SiI~H1lfw.
:to pFG&r-era ,nmhl~
-t. .-I"'l:!ltkl~liIlJ~llIIUIII
~.--f~I!~ltHliF-pF\lf>t'WtJfttI~WIt
Ii t 1111IuHHe--iUMingYish '1!~I!IBdBIt Itl 8ll-fetM9~~li8Il-ltHwpR!5eFWd-lm~
fRdhOEMt~
k-sh~lt1ll!lHhaHlw-RKll &:"$11111 8rlh~el:;1:Hade"'JI8158 'hI! PFBll!llIJEI.
7. ti...I'.al~n: Ilr]!lNptH'\)'-eVlRer or Gapy efa speelfil! I!llnll'l.9t slgRed-by-pl'9peRy-ewflI!f.
3.'1,1.'2.i. "e...ellllisR rehlBBIIllB-pIM.
If eg.el8liulll'UlBllliBn is prBJ!lslId ir IRI!. Ippli&aRI prlar l8 ske lie' I!lllpmsAt ,laR, BIIRslAletl9R
piaR 8r sth" RRal-e.ll"ra .1110,1 egeletiIlJHlltltHHl~"l\11 ('.~etallall "lRs.al pe""l~ R'I'~
isslle"") .he d~Mnl nr\'lll1!l5 "lraBler "Fa ,"e" tkIlHl-An-b&-dIRHHt5lfelefHkll-eBFly
lfIn'5p1BrttetieR-wI~-i!"lta~he sywl'lllflhe-feleHletl-wceaatlaR. 'AI, '''II'III~lNIIliYn
pllfl..haJJ BllBwmelllltUlhetlllilrflI8.IU811, liMing er..J8Rlisll, ....1'.."8 P" ;!l18~tenaM.:
and 811'18r hlr8Rt1IIISfI15 f1111",.1lf i~ 1I1I.d. 111p.mllll IIItr ieal! .dbuler.
3.9.4. VEGETATION PRESERVATION STANDARDS. An develoomcnl not soeclfically
exemaled bv Ihls ordlnance.h.lllnClll'Dor:81e. .1. minimum !hI! nn!!ItllVlllion lIandant. conlalned
wllhin Ihls S:el:llQn
3.9.4.1. GENERAL STANDARDS AND CRITERIA
A. The oreservatlon of native Vf!I!'l!ll!Itlnn shalllncll;de canaDV undr!"!;IO(Y lmd
lUtlund caVllr emnhfl.lzinn Ihl! lan.esl eoruhmoll! :I~a oosslble execnlllS oIbmvfsl!' ntclVldL!d In
St.'C:lionl 9.71 r:
Page 127 of 174
Words Witllll Ikl'8wgk.ro deleted. wonb: nndcrlin~tJ am udded
1A
1A
R Al1!b~ 111m ".linn Ihl! hUllv!! veLll!lntion n.'1t!:l1lion JlmllhmJs nod criIL"'!11 11f .his !k'Clinn
Iball he! q'l m:ltlt! III nrel:a!n'1! nn.';lK 5ubl~1 1i!..1lm..nmnlrJ:n1l!nl5 Dr S~clion ] 9.7 -..5iruili:1nntib
~i\kJJ~\l1ID!.fmm Ihl! 1'\.!'lUin."InL'UllL.J![Srjjl1m.J.!1.L
C 11rusyn'I! %lr<!:\Y .dlllll bl! !ll'lectl!d lu.JillI."h m31l111!r hi III Dh!!h..T\'t!' Ihl! r~II11\Villl! in
!ob:Is3:1lIli!.u:...Jl!lilOt..u.r luillrih !:mDI...uLll11!' l!l':1~'111 IhllLI~O]nh!ltJl..D!mI!umt!ldntmx...iD
~1Umh.J.2.U.6...mnl1.2~:
L....J1n~lnudM..1l!!rilJ1tnn nss.I!!lll\.'!d.~l!y'g.r:!l.J!~~~
.:......o.OllJk \;nuwn 1(1 hI! lIIili:t.ccl In' lillll!u Kneel!!$. or 11.m!Jl,.'n"e :IS clIrridUI'I..fuLIID1.
In~~~Il!~~I.!Ir..n:!Idli!i:.;
;;. ,\n\' ""JUDd hnbhllllhm !01.!fVCS M n bun"L.!f 10 II \\'cllllnd arcD
i......L1:5h!J DIMI nnd 1I11111\DI !loed!!" 111I1111015.
~ Xl!rh.: Scmh.
6 !lUll!!. una Stnlnd l-btnlwDod Hnlnlllocl:.s.
1. _!2ItimiriJ:.~..I:1nllrll!!liJ.Jl!lli
1~~",ll1'hllld hnbillll!.
LM!:lslinll nzurvt! VCl!l!lnlion IOCltleJ l'OlIlll!uo\li, ID 11 nBlund ~n.'1IliDn.
I), 1ln.""Cn.llliUI1 In...!'; mull b\! inll'rl!llnIlCI!h.!r.l wllhln Ih~ !dIe Dnd 10.JUliu.lnlu...D.IT::W!l.
nruSl!n"1\tinn "reus or wlldlifl< gzaW,l!!L
Eo 1lLJ.Ib:..J:relll&!1o:1 L'J:h!n1 "U!ldhll! Ami,,&! VCI!l!lIllll1n. In lIullnlitit."!: bod "'DC's.Jl.1Jin1b.ill
I)i\.;sinn ".1 ,11II1I be IlIcnnmmlcd Inlo 11Inc.l~C:lD'" dl.'lI11l."s In uNC!r In nrunuu,,", Ihe ~1!W!u
of Ruth'l! Dlnnl t'I)mmuRilil!lIl1nJ 10 C!IICOtlrll1!l! \U'lh..'f C'o"!!It'fVlltlon.
3.9.01.2 SPHCIFI~ STANDARf)S APPLlCABl);: Ot.m;ID~ THE RFMU AND RLSA
DIS1"RICl'S, Outside lh~ R,,'MlIlI.nd RLSA Dlstrlt:ls onllve "l!lI:ctllllan sholl be Dn!S1!l'VOO on-silt
dmUII!.h thl! .lmlil:lllltln of the followlnl1 nmsarvnllon Dnd ~RDIII.IIOII retenlHm liIllndDnIs IlOd
~ltt!SS Ill!! lh..owlonnu'IIl OL'CUn: within Ihl! ACSC' WhL'rI! 1he ACSC' IInllllnnls n!tl!rrnceJ in
Ihe Ftllull! 1 And U!!.... ~Iclnl!nl shullll.ODlv. TIlII Set:linn &hull 001 0001" In ulU.'lc..ramil... rJwcllil1ll.
unll~ silllllled nn indlvlduallDls or onrcels
A REOUIRED PRESERVATION
. ,'I'v~ I ro.".1 HI". ""~,, A"'. No .h ,,~ "" ....
-
I.~ss than 2 .s Bcres 10% Le5SthbnS.~ I~
Residenlml and Mlx~d Use [Clulll (0 or IIT1!oltr ECIIJBIIO or I!rea~ lhlln 5 1IeI'~
~vl!lonmc..-nl Il1\1n 15 ncfCS "'5% nnd less Ih.n 1D D[:te!. 15'~
EOD811D Dr
I!f1IDler Iham 10 Dcres' 25%
Golf CDurse 35% ]5%
Commerclal and Industrial
Develnmnenr .nd all olhcr 1 eulhln 5 aeres. IO"~ Less lhun 5 .lIcre!!I. 10%
non-medned dL!Yl!tonmenl
1m<> F..:oulIl to or prI!lIlef Eauello or
Ihan5 Beres 1.5% UreIIlerthan5 lIetI!I. 15%
:.mwdIl
Oevelnnmenl rRur.al-lndmtrlol 50% not to IIxcead 25~ or the nrolccl 50%. not 10 exceed 25% or Ihe Drolet.
OllCtrld mrl,,\ - -
B F.:XCePTtONS An excCDtlon from the Vl!l!C1Dllcn retcndoR 5\ondank Ilbovc slmll bI!
l!fIInled .ll the rollowlRll circnmstances: .
whem the! nnr~cl WitS Icnnllv CIClIfCd urnllliw vCl!ctalloll brIM 10 JDI\UllrY 1982,:
PIlSe 128 ur 174
Wun!!' "r-tl6f\H.hHtllgh aN dulelet.l. wunb; umJ~incc.l r;n: udd\.'1l
:L. .n.1n."tl: Ib1t.~ltm_DWSmllblv IIl:coDUJJWJ~Jm1JulhuDDfu."UJI!!llJlfj~..n!!It!E
~.w.1!I1iUn.~I!!mn.lll!!l!JnalumsLJIb:..w:wumLulll:IIIlIlWt~.lW:i ~J.!ili!L1.l!!
Illc gi}t.!h!.sa.fuoJL!D~I!!Il.l:2J...1..C.
~"!!,.!J..Ji]~irll.]K. ~T^~SV.~11UtllJH.1it:MI LllJ:i"!lUO:" . F.oc ~ wilbinJ1&. KWH
J~ilini~l, "iJll\;~\'J:t!:II.I1i~m lMli!lIk 1l1~ lhruu.;b 1tb:.i1J!UliI;uuUfL\!rJb!Lrullmrj"m1mill~m
illI~ .lIUU.1iIllun..rlo'l~uLll!IUli.llulunbl.illld..IDuD..l!!.lliWili1!J1 III l&:.~'I1tIb:.wmlil..1Ihb: 1twntaalf
UIl!!ttilaii! !!:Lfunb.ill S~Clh.m J.Y~
^ RFMU RrCEIVING t ANDS OUTSID!! THE-: NOMO
I. ^ nlinimllm of 40'~ of Ih~ n,,'lve \'~ll~llltlun nrescnl nDlln 1!xa'Utl ').nil uf lIltlDtil
oill:.Jm3lihllllWl~
II. oli-sh~ ofCscrvalloll shllll be nllowL<d III H
nre!i('t'vllliol1 is Incl"cd within Rf'~1I.itu:.jJllUb.
mHo of I: 1 il" $1lch on:'lli
.
b. OIT..sile nrl!!erVbllon be nlloweu 8t II nllitJ uf I 5'1 If !RIch 1I1T~
llJl:lliUlliml il.1"'D1'.J!lII1il1<lILSJwJUnlLl.nn.l.
I:.... I It.l! li.Jr like nrl!!lllrvllllun..ahnUJn.:.M!Uil:!8LfucJ:mutDWan!m!IMJ..YmI.!.Mi
l1mDllloel: \"l.!ul!lllliwW1l1ll.lllli.li.l:l.
:! Whllrtl !o-chuols 11m! olhl.'r DubUc rucllhi..:!; Ire cl)olncIlled on II she Ihe nDliy~ ~11..oullion
Jl!tcnlinn l\!oulrl!nu!I1l r;:hnll he 3M;' of thl! nlllly!! 'o'\,!1ll!lnlln" ~I "gilD .,XC1..oed 'lliJ!C
U!l:allY..
L-. NEIITRAI U,NDS
1-ln Nc::ulmllllnds II minimum or 60% of the nullvl' vCI!c1nllon oresenl nollo CXL'l:l!d
-1:5'ilorllli! 101111!:hr1lt1!D IIk"11 ht!nre!l!tvL>d.
"J. t:xccnlions.
II IlllhD~ NeUlmll.l1ntlsll1cnll~d in SI!c1ioll'4 Tuwnshio-l9 5omh. RIUll.!e ~f!
Ens!. In lite NIlMO nltliW "<!uelnlinn shall bo! Df1!1erY..'t.! Dr SL'i forlh in SccLillil
~lU..fi.
b. Where schools and othcr Dub/it: faclltfles lire co~loellled on II die Ihe naliVI:
"tller.lion tlllC'l1tion n.'{]uirclIlcnlll1lLlI be 30% or lhe narlve Vf!I!CIDllon Dre!lI~nl nnllo
l.!xcccd 25',... of Ihe site.
C IlI-'MlI SENDrNG lANDS
In IU~MU Scnullll! LDllds that Arc 1101 wllhln u NIU'A KUo/u or Ihe nHliv!! Vt.."I!cLUllnn
pre5el\1 on site 5kul1 be orelcrvcd.. or 01 uihl!r\Vlso oenullloo under Ihe OI!n5ilv BIl!lldinl!
on:JvlsmllS of Section '.6 40. orr~!;Jle DrtSel'vollon sh"1I be allowed In snllsfncllon UrUb (0
:l::5~1. orllll!! slle DteScrvutlon or ve2elBtlve rellmrloll hlOlllremcnt 8' D mila or3'1 irsuch
~sltc nrcscr\'11llnn i!rlocolcd within or conliounlls In Scndin!! I.nnds.
') In Rr-MU S~ndlnl! LBnds (hBt Dre within b NRPA. 90% onbe nBUve vel'elllion oresenl
511011 be oreserved or slIch other DmOllnlls mllv be oennklcd under 1M: Densilv Olendinl!
nmvisions of Seetlon 2 6 40. Orr~slle oreservntion shall nol be credited toward
sDll$r.cfion of.Mv orthe Yenelntlvt' retention reoulremcnt DDnllcable in such NRPAs,
D. GENERAL EXCEPTIONS.
1 Wo~o"formlnl!:. Pre-exlstinl!" Pllrcels In ordl!:r to r:n!;Un!! n!.Isonablfl use Ind 10
orotect Ihe ollvlle orootrtv ,121111' Df OWhl!J'I Df Im.ller naruls or IlInd within the RFMlI
District Int:ludlnll' noncDn fnnninll Jnh; Dr ~nrtt \vhlch exl!Sfl!:d on Dr bernt'@Jlml'!:JI'? 1999
ror lots DlIn:!el!l Dr frBlllirtnllJ unll. or land Dr Wilier eaud to or less than "ve l5l acn!!S in
size nDtlve ve!!elolfon clearln!! shan be Bllowed tit 20% or 2~ 000 snug~ Fe!!. oflhe 101 Dr
D:!In:rd or (",c"o"1I.1 unit whichever II I!nllller r:lt:e1l1Slve of ony clemo!! nccmt!81'Y 10
Drovldc for.ll. 1!i-rODf wIde necess dri....e un In 660 fuol In Il!nDlh For lUll. and onreels
Pl'l!tller lhll" 5 IICn!1 bu! leiS rhlln 10 DeMlS Ub 10 ::20% of Ihe Dllttel muv be denn:-d. Thl!
nllow.nCII mhllll nol be consldentd .II nlllx]mllm cl~nrinn nllowunee wlll!!re nUto!J' omvl~hlns
or lills PIRn allow for 2relller c1earlnllllmOllnls. These clenrlnl! lImharlons shull not lH'ohfbll
the clear/nil of bn.I.h or under_siaN \l1!:f!'eIIIIDn wllhln :100 feel of SlnICIUrl!!!: III I2I'lkr 10
minimize wildfire ruel lOllfUl
2. Snecilie Counl......owncd I Bnd On County_owned Innd IoCllIt.>d In' Seetinn 25
:rnwnsllln ')6 R Rahlle 49 S 11/_360 lICrufl .ho "1111\10 Vt:l!clllll(H1~tJ:Dtiml..mIlJ..!h!:
l"lIge 129 ur 174
wurtJs ~kAlugh nrll dclclctl. wun.l:l Wll!crllnL'tJ 1Il'C Dtllled
1A
'lA
ML"!lervRlion rotluil'l..'nu!n1!l: roo" be reduCt!d 10 SaM. if (hI! oennined ums aro! I'8lriell!d 10 Ibl!
I,onlnm or Ihe nronl!r1V (hili On! l::oolil1l1oUS 10 (he l!:rd!.lilll! hind fill onl!nllions' l!J::nlie
o:oumll.!UUk.!:laJ1l..blal!!!l.lhe I!'ntil'l! "L J60 om...
3.._ Ui!lcrelinnnrv FXCClllloh I'or F.5!11.!llllul Pllbllc Sl!rviCl!2!i, 1ol!' I:llmlnllllit\'" dl!vdl1f!!Dr!!l
Dill! l.ID~irulurumlnlJu:l"\'il!l.!~ IIdll\nlIlnlIUL.w:",lIl1!Wu:..ib.~DllX.G!l!Ul ~
~~~DnUuWiJu..J.lUt.I!bnttJ'rL~l!!rYlllltl'1.NiluimuSD..l!..uu..w&r.tm~
~1!lLll.!iur.r.rlm~.u1U~1l~6 CJl \\.bl!'~ II L'1tn hl! .Jt....ulIl!liIra.lt!t.1 J.bu1.1bs;
)!r\!SI!f'\'lIllnn h!f.lllircmllliJ! nOLlIIII! J:"!l.!l.l!nlillLe.ublit.:im:b::!:~ tltnnl'll hl1ll1 bsus:um.whh'
og:]1mmndnJetloo Iht! she nllLltl hi hl.Jh~ inll!rtt<< or (hI!! I!I!Itt'I':II nllblk It\ nllmr..iJ
nak!:lh.!!l.in.nll or 1I111" rnllu.lbuwJulriID~ fur nl\!!:l!f\'1l1lun nr~istiIU! noli,,!! vl!lt\.'Ullinll.
J I' 4 of S!)(;:{"1I.11..' STANf.)ARI>S POR Rl SA DfS"UCT Fllr bnu.lawlthin (hI! 11LSA Dislrn.1...
ntuh.-c \'t"l!~UIl.imu.bnJ1.bUU:lls.ml!d nllrsllnl1l.1!!.!~A District RL'1!UlntilHlS lei rarlll L~
~.U1{11thki.C!.!!hi.
3.9,J 3 m:NSIT\' BONUS INC'FNTIVl.!:S Dcnsll" nnnns In~ndVL" ldlllll hi! l'mllk-'lI IU
~':Df"L"Ser\'lllhw.
A OUTSIDE RURAL VILLAGES, In RFMU Rllcelvine. Lands DOl dl!Sil!nllled 81 D
Runt1 Vllhmc 1\ ~n!llt" tln"lI! or 0.1 d\\l\lUlnt! unit nc:r 1U:n! dudl be I!mnlo.l rDr unch lIere nr
~~~"".!!Ii1l!thlll P:Xtl.ocd!!llhureCllllrumenlslI!l fOr1"in~ion 3""3.
I!II'" R~(LI!!l11 m:LJll;U 1Id!im'JlJ1mu!.!lll1J;,""lLllrml! r.oo!U'.
!1..~ .~J~I.lli....H~~.....Jll...nFM11 R~L'",iylnl! I Ulldl..Jb:l~1llt n Klmll
\'iIIl1l!l! It dllllsll\' htmll!!lllrO J dn'1!lIhll! lI!lias Dt!f' acre shall be I!mnll!d fDr L'Itcb IIL"n,! ufnlltiw
~'Ullinn nl1!!lL't\'L'lI utili.;. 11t1ll1!!<:l:1!l!mlhl! I'I!mll~nunl" ~ furlh in Sectioll :I 9 -13 UllCCO D
WmliU. or" lInlll n..or 1lcrJ! Is Hl:hieYed Illroouh Ihe use "rTOR and Bonus Credlls
J.9.5. WETLAND PRESERVATION AND CONSEltVATION.
3.9.5.1 PURPUSE "IC Ihllfl\Yhw Sl1l11dsrd!l ore Intcnded 10 bmlacl nnd conservr Cnlllt!rrmlRlV'll
y.llmblc wetland! IInd Iht:lr /lOlLII'D! rllnellons Inelll[lInJl mnrine \Yl.!t1nntb: ThI!St! slnndarch: MDh.'
l!LnIL.1!f rol1lur C~m\lnl felr Innds within (Ill! RI.SA OisrrlCl. RI.SA DBt"!:! Il'IlIdl.ll!J:
~.i~tinn "I "7 WI,nlIll1U!I slll1l1 be nroleeted liS rolllnYll ",lIh lolal ~lIe Dh.!SL'I"\'llIinn..DUI
III I!lCL"I!'cd !hn!lL' i1n\nlFnl~ Dr ,'C(!clllllOIl rt:=lcnlion .sel rnrlh In !k"Clltlll ).C}.4.l IInl~
nsJl~.
39 j"l. URBAN L,ANDS In Ihe CbS!! nrwt!tlslIds Inr:DIl!d wl!hln the lImn drslL'llltlwJ Dn!1S. or
Ih\l Counl" .hl! COtlht\' will reI" on Ihe iurlsdlcllonel dOlennlDnliDDs mad!! hv (hI! enDllc.hlc siDle
Dr l~dl!raIIU!e11C\" ill Rccordn"!:!!' wllh the rnllowim.. DlWiiUml;
A Where Dermllll 11lIued by ru!:h lurisdictlonal Dl!enc:ies allow fDr imDItCIs to wellands
within tllk dt!!;hmnlcd area and reoulre mllil!ullnn for such ImoDelS this shull Ix! d(!l:mL'fIID
mecl Ihl! oblec!I,,\! Dr nrDleelinn and conservell"" or welhtnds DDd the nul>>m~.iJIIJa. Df
"'I.."llent.l~ ",lIblD tnlsIUl!lt.
n The C'llIml" 5h[lll tel/ulm the Boomerl"l" lurbaJlellollal DLonnll eriur In lite is!>mollC!: or
II finnllocHI develQnlnenl order oermltllnl! she ImDm"Clnt!lUs. exCCDtln lhl! CUS!! OrOftY !!:ml!le-
rumily re!!:idell~ lhut Is mil nort or un "DDTo"ed develnnmfll11 or nlalled subdlyisinn.
C Within Ihe ImmokDlee Urban DeslunBled AI'I!II Ih~ ed!lls hinh Dunllty
wc:dand SYSLelll conncclctl!u the l.ake TralTonilCllntD Kenls SV:!ilem Tbmre: wellands rcoulro
Im!ulcr DroIt:cdon mt:D!lure~ ond thc:rllron! Ine wellnnd Drolfledon standards set (0"11 In 3 9.. 3.
belo~ ,hail .oDDlv In Ii'll, .mll
] 9 S 3. RFMU DISTRICT Direcl Imosels of deycloomenl within well.nm shall be limited bv
dlrecLlnl! such Imo8t:ls away rrom hlah Dualltv wellands This shall be B!:!:Dmnllshed hv adberence
10 (he vel!etadon retention reauirements ofSt:cllnn 3 I) 4] .bove and Ihe followlnn'
A STANDARDS.
I. In order 10 assess Ihe yalun and function!!: Dr werlarads If the lime or DrDiec:f review
aODllcants shall l'llte the fltnlltinnalltv of wetlands uslmt the Unified Wetland MhmBdon
Anssment Merh~ J:l!1 fflnk In F A C 62.]4.5 For nroieCfS dud heve all1!ftdv been issued
110 Envlronmllnhll Rlll1Durce Penn'l bv tht!! stall!. lhe Counlv will ltCCC!ol wellnnds
Functionality B!I!l.I!!Innenls 11'111I lire baJed UDon rt1e South. FlmidB Wilier Mmllll'emcnl
r>lsIric1's Wlllland <<aMid AssDume," Procedure!: (WRAP) III ~ m TI!L-tlltlcl,1
'JukU_llnll Reu on I rSl!Dlemhar 1007 IU IIOOnl1! Anum:1 190111 Tha RDnIlmnl &halLwbml1
10 CDlIolY sterr I""-!Ie re,,~IIYlJ a.Bennlcnls lUll! Ihe !lCDres lIet::....'nled m. eltlR!r Ih~ Smllll
r-Inritfn Wsler MIlD.Demeol Dl!llrlr:l IIr Plnrldn n...nlll'ln'l!nl or F._lwtwllnenlnl Pml~linn.
Pl\g\lllO or 174
Words 5lfl1o\t-thFeu~h lite dclullKf. wurd! tlndOI'lined lire Itddcd
J.._WelllJ1dullSWWlllJ.nlDl~llZ'&llbY.ltllml.5~lefl Dr5el'Vin~s;(!fIiWa_fnr lb~
IU!!naUWIJI[>>:iJillJ.fJl.Elw.IUN nn:III!I'VuJJIlUiu:. n.unnlll!lIlr urwhclhcr Ilk- ~~nf
lh...."..l~m:.un.lil!Ja""':!&lJ.
.k. U~~~IIW\V:IVI Ih~.umlL'C'1 limit h..! nudnlllinL'tI. ~1!.;lnllL'D:.!!C
>>'~ ntc!Iervlllil1n or IhetSl! nQ'Y\\'IIVI I!X~edl rhl! llamll!l! n.'O\!;n.-d in Seclion
1,1~,'L.t.
... Drawth"vn~ or dlvc:ninn or ,hI! lI.round wlt..!!r Illblc 111811 qOllltlwNod\' ehnRl!l: Ihc
IlYdnmcrlmlnrnr'esL'n'ed \\'l!llruu.lt an or nrryl~II!ILoynllonllhaU~
Sl..>t 10 nrnlt:el lI:llrrollllllilll! ,~landl nnd bt! con!lIIIJ!JI' ",lih surroundln!! Innd.1k.I nmiL"!:J.
~ltIJ!mUll.:YDLimll hlld wilier lables. In order ~lhClC f'CDlllmll'lftllr amm 1bnIL.l:!!:
~shm~d in nccunllltlet: \Vilh Sm:lions 4., '.4, 6,11 nnd 6 1"1 of Sf-Wh1D'. Ilmlts ur
&:1im:..J~WU.
~, :iIUy.h:. JiltllHLMiikw;\1l!...!lill1LlWlmLlll!r:_r~\luin:DtmIL,l.:!!lllililm~ .nl1llill ;oiWlil!!1
~.!!.t:i.u.
~r\L'tt ....'e'lullll~ ,hnll b~ bllrren!u rmnl OlhL'T Innd Illes all: rouo",.'
!1...- A minimum 50-ranI "out'luled II1llilUd buffer .diotcnlla a MlIIrul ""It~r hod\'
I!.... Far' other wellDllds 8 minimum ')~.1(101 YI,"Ul..'t8Io!d IIDland bllrrer.m!l!!l;SllJU
1Ik!\\'1l11I1nd,
c. A l;lrlll::lllml burrer mnY be usct.! in Cllnlunctlon wllh D vCl!clallvr bun'Ur Ihlll
",ntlltl reuuce: Ihl.' YUl!l!tllliyc DI.IITf!t' wldlh b\' 50%, A "",Cluml hurr~ mnll bl: ft!mlirod
udincl!nlln "'l!llllnd~ whure rlINtl;1 il11nBt'ls are nHawed. ^ SlnJC!'IlIntl hulTern1h\"mtIW
W.1U:U1:W" h.:nn or vt:I!(!'t1liyL' lledl!L' wilh snllublc fenc:ln!!.
d, '[11t! burrt'f' shtlll tit! measured landWllrd rrom Iht rmoroved Illri!illliC:liunollin..:.
e The buner zone shall tonJi!d of Dreserved narlve Yf:l!et8t1on Where naliye
vl.'l!.ellllinn dOl!S not exist nallv&! Yf:l!clnlkm comnallblt: whh the exisllne. sails IlfId
~cled hvdmIDl!K: eondltloll! shall be I!!nnmd.
C- TlwJwITt:r sllRlI b~ mnlnlllineu Iree !If Culcl'lIl"\' I iUYD!l:ive l!~nlic.J1lunJL ~
W;~lhe Fluriu:l E...'o:olic IlL'SI Pluu1.~1.!.!.fil.
It TIle rollo\YirUl land liS!!!! art t:flnsJdel1lc.l to be conlDDlibl1! wllh \Y~llnnd
runctions nod Dre nllowed ",lIhl" rhe burret:
II) Plls!llvll recrenrionul IIn~85 bORn:lwnlks unc.l rccn:illlanDI shdler.r.
121 III!rvloU5 "mutt Ifllllll'
131 Wnlernlllnlll!Cmcnl!llruClures:
(III) MlflllDllonDrcos'
(51 An\' olher tonscrvlllion nnd rulDltld Doell SDDoe DClivllv or um which is:
comolrnbll! In nature with Ihe rOl'C!l!olnl! U!a:~
B MITIGATION Milh'alion MlIIII be rr.Dulred fordlrecrlmmtcu 10 wetlands In order 10
result in no ncl Ion of wl!ll.nd f'IOelIOR!; In adherence with Ihe rollowinll: reauirements and
conditions:
Mlril!.atlon ReDUln:ml!nls:
II Lon or Slot.1l1! or conYl:Vnnee vtllunlu rcsulllnp finnl dlPL'C1 InlnRels 1(1
we,lImds sholl be comoCl\!81ed ror by Drovldlnl! 811 COUll amDlln' or lIonel'l! or
CDnvewnce CloD8Citv on .Iile Bnd within or Bdja.cent 10 rhI!! Immaeted welllllnd,
b, Prior 10 IS!lOBnCe of .nv finfll develonmenl order (hI' authorizer 1I11!.
allerltlon the IDollc:snt shan dcmonslrl!.le comDUance willi a Bod b llbove I' Beencv
DeI'ITIlu haye not nroykfed mlriPJItlon cOn!i:lslen' wbh IhIs Seelkm Collter County wltl
real/Ira mhhratlon I!xceedinlJ lha' nrlhe lurisdlcllonlll Dl.mll:~II!!;.
c. Mhlgtlon reoulrements ror sinl!Ie-fi.mlly lof'!! Ihs:1I be delermlned by the
State Ind Federal BDenc:l!!! durin!!. .tl1dLnermlllinl! ~Dl!!lImIll~~
reoull'(!ments or Section:] I} .5 4
2 Mltil!otlon Intentlv!:s' A dem,ily bonus of 10% or lilt' n'."'mul1l allowable l5:ilWroLinl
Puye 131ufl7"1
WorWi 51FY~IU'e\lgh lire delelcU. wnn1'1lll1derllncdlll'l.l added
'lA
,
dl!'n!i:l1v II :100;' reduclion in [hI! n!nulr!!d DOcn !i:I1OCC ~n!Dttt! . 10% rnduClIpn In t1~
n:>>llirrd nnlivl! ..,\!uetuUon nr II 50% rcduclion In rm'llllrcd linnml :mill! n.:ouln..-m\.'nlS II1m'
hI! enmled far nroicclsllml dn nil" of IIII!' fol1[l\vlnl!:
A IncR!f1'l' wetland hnbilal Ihroul!h recrenllon or re5lorallon Dr \Vt!lmnd
f(MlcliOIl' or Ihe snlD~ 'VOl! found nn..lh! on IUl 11m mini of Drr-slle 1Ic:n.5 wllhln 1m:
Rum1~b:ed lhm Distrlcl Sl!ndhu! Louds eon.llu or I!n!AI~ .IUlI" ~~ Dflbe
un.sill! nllllw v~ul!t1.lIiall nh!ll!rvnlllllt IIcr~lIln,rt III' ]O~D nrlll~ nVl!rnlllll'OweI
100! \"hiehewrisl!renIL"f" nr
b r.I'CAle enhance or FaIlOR Wldlna. bird'babllllllO be loI:81cd nenr wood IlOrt
ImtJ/ar olhl!l' wadlnl' bird eol""I!!. In un Amounl thai Is eounllo or !IrenicI' lIIan 50'H0
of Ihl! 01Wii1lr: nlllM! V1!l!clat50n oreservDlion berellDI.' fClluil1!d. or "'0% of the nvemll
nroIt:eI: si7.e whichever ls nl'e%lIar: or
~ Cn!tttl!:, enhunee or restDl'l.' hnbltsl far Olhe:r lisled Im'des. In II Ioelltbm Ind
umll\lnl mullllllh. ul!rl!\!lIbll! In 11l~ II~III nnd C't1!Ucr CUllnl" nn~liuu..!tilb
Ihi: nonliCDbk: iurisdlellnnlll naendl!l.
1, F.lS Pro"hdonr. When mlllunllLln il> DrOl)u!U!d the I::IS !than denlnn!dmlc Ibnll~ is
an n!!l loR ill \l'J:lllond fundion. fill nn!cr::ribad nbove,
01. Exol;C: V~!1'l!IMILln Rt:moval
mitiIml!w1.
r~otlc veltl!lAlinn removal !Ilhall nOI coolllllUIC
1.9 j '" I:OS'fATES RURAI..SE1".F..:MEN'r AREAS AND ACSC In Iho c:nc or t.,.ds Iocaled
wilhln F:~llIIL"S DI!!:ll!llnlUd A~.lI IIlI!! Ruml S;uUlemenl Area ond (he ACSC the CoullI'\, !lhnll rely
!!!l...lht...>>oulland iuri!ldlcrlonnl dl!lunninllllon, and D1!rhli1 rc[lui~menls issued hv IlIe! nrmlit.-...blo
Jurimlklinnfl[ MeIlCY. In nccnrdnnn! "lIh the follnwinll:.
A '.'or gin1!.k...rumil" rl!Sidl!ncL!s wilhin Soulhl!n1 n[llr.llln nDll.' r~ulI~' or ,yjddn Ii'lL' 1\lu
CVnn.."!i1 Arcll l'lr Crill':lIl SIBtl! raneern the CDun..... thaI! l'l!l1uill!' dIe 8m:wnorllle fe&..onll and
~1I!118nd.rclllll!d Dt!nnltr hefon: Colllr; C:ounlV i!i:SlJl!:c. buUdlnl!. uermlt
B. OUlslde or Southern Golden Gille Esl811l'1 Ilnd the A~ or Critical S1att CnnCfi1\.
Collier CotmlY shall info"" loolicllnls for Individual s.Inl!:le-familv buildlll1! bcrmtu thai federal
and !lIme \Yelland De:m11b: InDV be reouired Drier to I!nnltrll~lnn 111l~ CounlY shall also notifY
the aDDIiCBhll! fedl!rul Bnd Slnll! hl!enc:lel oflllnele (limit.., Imildln~ nl!r'lftlr!l lIDDlleullnn!lln 1I'H!Sl!
D!lli.
3.9 S 5 R.l.SA DISTRICT, Within the RLSA DislricL wetlands shall be bre!erved DUrnlanllo
Secdon '" ., ")7.
J 9 5.6. SURMERO[:O MARINE HABITATS The Counlv 511,111 Drolect and c:on~rvelublnl!n!.et.I
nmnn\! huhilnls III nrovlJed In Stello" 2 6'" 1.2.7,
3.96,
NATUltA.L RF.sERVATION PROTECTION AND CONSERVATION.
3961 I~URPOSl:ANDAPPLlC:ABILITV.
A. The DUmaS! of this SeeneR is 10 nrotecl n.ulum! reservations Itom the lmoact or
sunoundinl! dcvclonmcn( For tho DUmOSl! or Ihls StctlOR Datural reservations shBII include
ani" NRPA.s IInd dl!.Siunal!d ("'.onrerYlltlon l..anrll on Ihe Future Land Use MilO.
8 For th! oumns!s of this Section. develoDlTlenl shall include .n DI'Oiects sinl!'le~rllmilv
dwellinr. unils silualed on Indlvldu!lllols or oarcels.
3.!Ui 2 REVIEW PROCESS. All reo~1S for develnomenl eonlll!uml!l1D nalural reservations
shall be n:vlewed III oart or the COIIOW. develoDme:nl review DroceS!..
~ 96]. RFMU DISTRICT REOUIREMENTS TIIII followinll criteria mllll a[lPly within lhe
RFMU Districl onlv.
A OPEN SPACE: OElen IlnllC8 shall be raoulred 10 Drovide . buffer between the Dmiecl
IlIId Ihe nalurlll reervlIllon
I Onen lID11Cll allowed hetween Ihe brolact'l nOft..Ooen maee UR!: aMI Ihe bmmdarv or
rhl!l natllMlI I'l!!l:ervatlnD mav Include natural bre!:erves natural Dr mB"",mllde hikes lIolf
enune!: recre:aIIDn:a1 Brent reoulred vDTd relphaex nreRJ. and other Mlllra' or nmn-made
onen sOlce remllrem~nls
2. Tbe rDllowlnl!: ODen IDnC!! Ules are considered IIcccmhlble Ull;S continllouS II!.J!!!
nllrorJIl relervntlon heundary'
Puge 132 of 174
Words Ii4flIIIII4hNUCh un: duh':ICd, words IIlI~rfll1uU ill'\: Ihldcd
'1A
R nre5crvallon IlrCQ,5'
it _ _ .g!!lu.'UlL~ll!iII.:bu1!ai11Juill!!.!1.in..n.m1JJmL\Jill!t;.:
C. !oion11\VUlermnnn"pmenlurl!Hll'
d. Dlln'!lIl1~ nulul'1!' Imil! ImLl' lliL:hu! !mils I.hnlll!d Iu U5!! bv norlmUlun:.!!l!d
muro
8 OPEN SPACES A.S BUFP!;:RS.
I. The "501 in DarB[!r8.nh A.2 above fire encouMllred 10 be: IQcal.f1d B5 10 Droylde I hurler
hetween the h.luml 11!1ll!rvltlon Dlld more Inlently!! o~ !Met! U!.l!'t Ineludlllf!
olu\'l!nmmls. Icnnlll courts l!nlr COIlr!fl!i hucclud!nl! mllllbs mnlnrnlned In a nnhrrul rlnld.
DUd olher memnlionRI IIm5 and ...am5 ror Individual lob or hDrcels. Dr OIX!ll JlOm:c IIII!I Ihnl
um iOlocrvloll!: In ROllin! Those mom Inleorlv!! tmL'n ImIlCl!lIW!lt mnv hi'll b.! IncDIaI clt1llL"I'
Ibnn 300 fellf 10 thl! boundary orlhl! namral mseryulion.
., In .ddition where waadstortc.lMIICIt!rkr ume,./cantll mokarle1 bald ellple (HtJlhw.1!l1U
Jrl"fll.-rolIllIJl.fJ neSls Dnd wOOln!! bird ro0511 Jln! {ollnd In Ihe Rdllcenl nDlIII1l1 ruItlrvnllon.
.l!uums:!L:innce II!!!! idl!lIlinL'fIln 511h_!:l!cUml! n ., u Ihmu[!h e lll'r Cftm:ldC!ft!d leeen!l!llk
li.w oluel!m~nl whltln." hulTer 85 s~inrrl below'
II Woodslori.: (M\I~llrln l/Iru!r;caml) mnkerie!. bald f!altle fHollaru!lllr
/lflll:nCI!DlmfllXl nesl:l _ I 500 f!!iet.
b. Wadln!! bird rootl - 300 feet:
c TIU!le bulTer d!slnnct!t thaI! only Q.Doly 10 Ihe identified enlll'Y within lhe
nalllml rl!tl!l'YDlionl.
J These re:auiren\entl shill I be modlfiod on I caR hv calle basis Irsll~h modineatlons8re
lmsed llDOn the review and rC!Comh1endRrlol1! t"rom the USFWS and the FF'\\Ir.r.: An\' such
chKnl!l!l'1 r.hllll be deemed COn!!sl!!"1 wllh Ihl! C'lrawlh Mnnuaeml:n1 Plnn,
C. CONTIGUOUS NATIVE Ve.GETATION edstlnl! nallve YClIll!lnlion lhot 15 loella!
conllnuous to Ihe nRlurol te5erYKllon shllll hI! oresernd 05 Dln't anile bl'l!!!l!rvnlion rconin..menlS
SDCCm~ In Secllon 3 9 4.
o WILDLlF!;: CORRIDORS. Where wildlife corridors ell:1s1 (or listed !IneeleL oroyision
shall be made 10 atcommodale the movement of the lillled !Ioeeles Ihl'Ol..lph Ihe "mice! to Ihe
nntul'8l reservation The County shall eondder tho rt!comme"dallon!!l: rrnm the USFWS.
3.9.7. PRF.SERVE STANDARDS
397 I DESIGN STANDARDS
A. IOENTIF'ICATION. Nntlve VfInelollon tkat it reoulred to ba: D..~ed or mitil!uIctl
mUl.unnUn...l'!l,:i tlr:1 Q 5 .IlllilU he !l~'.m:likJJ.l n PreJrervc= IInd shull be Idenllfied .in.JbUi!IImY.lw:.
-
The Preserve shall be labeled B!I"Prc~el'Ye" on allslle Dbms
2. Irthe deyelonmenlla a PUD.lhe Pruci'\'e.lMllbe ldenllliedon 1M PUD MIller Plan
if"rtnible Iflhillls nOl Donlble II minimum of15lK of the orest!rVM.lhall be selDsidc on
Ihe PUD Mester Plan with the remBlnlnn 25% Idenllned II tbe lime of Ibe neJrl
de~IQnment ordernlbmlnDI.
3. "11: Preserve sh.1I bcldeotlneillll the lime oflhe fin;! develooment order!lllmnhtlll.
8 MINIMUM DIMENSIONS The minImum wldlh oflhe Dre~el'Ye .h111! be
I. twenty rc~1 fo,.. n~el1V less Ih.n lI:n IICI'I!I
2 an 8:Yenll!e oflhlrtv feet In width bul not leu IhlUllwcnlv feet In width far orOlx'nv
euwd fo lI!n .c:n:1" end len Ihan twenly nen.os
3. IIn Iye....!!e of filN feel I" wldlh hilt not less Ihln twenrv ft!1!l1 rar DrDDerjY oflwcnlY
hCre!l:and.l!.rcalcr.
C PROT~CTION OF WIrrI.AND HYDROPERIODS rlnrwdnwos or dlv'cl'5ian.DLu!!;
!Ul!1ImI. wlllar I"bll! Enall nOI Itdvol'St:ly chllllll"tl l~iot.I or nn!5UI'1N!d_~tmuk IHI Dr
IJlIge 133 or 174
Word~ Iflfl:leIH~1t Ilte dch:lcd, wunb Ilndcrllnl?d UI'C lIddl.-.J
1A
c,
umiilh! (lelt!lIliun DIll.! control ClllVUIKlI1li: 51"111 be !llll III nrolt!Ct lurrullmJin,,- wclllllld~ und M
t!llflsifi.'fIo1 ",jail !mmltlfldinll 1"lId I\nd pro~~wJnps and "'Dler InblL"5 In (Ink.,. .19.
11lg.1I\!ocm; ~1U!in:1U131J11 ~!"jbnll,blLlllr.'l!I.Il11",( in .w;~.1!H\iIIw.. nill! SIr.-ni!!lIl!. ~.~.l.:I.,h.lI
mw ".u..m:5i:WMu.:ll.Jtm.i&.,y(J!.o:i~U!!1IW'uill!L
11", _ ,11!U11il.::JWli mVm:jMIILJ~l>l:JI!l:llUl1il1ill< iWlDlII!J:ol..1I:II!I/IlllU1lI<l1JlC
!r'ila:nmIlti,.~i1llllf~,lu.!b.!.:U1JhwuLnIIlUIo'l!..ti"ll~l1.~U):, .Ht.! il1diyi~'lIIll nll!hk."IlliuLl!1'
1.''U!w'-!lmiiulll!l. .nw:W.liJw..uU1l.I~uU.1lllUl1,,:b ll&.ulHIh:.UI.ll!;l<I.,!!.mIl.'IUIml][.JUID:. omh.."l.1
bnILllln:Im'i:.. ..AllIt'OlIirtd Cll!L'ltll!nllulLlDlJalLl!!r DDMU:Y!.lbDlIlN.dWilJlls..'\lI!!,Il~t"!!mnl'
n:ilbUlllDlilI:inl! IIn .h~.1.:nnlll\'l~ ~lInl1lll:1hllitt.JlI.LlllBiIl!!m!m~IU n nnmt.'IW un-om'
1l!:5tlcinlhm nrslmnllr I!nlll\' wish n1nlnl~tCe re5nnn~lbllllil!S '111: nrnlccllve CdY~nm" for Ih~
Imel or ~semenllihall t'slnbllsh Ihl! Dl!m\ined mc!. ror suld I!lW:menlfs) lind/or (rlll'S on llh:
final gJhdlvhdon chn A nnnl!xc\uli"l! ell!.!!ln!!n! tlr Imetln rftVUf' ur IN! Cnunlv wllhlllll :UlV
mDinlL'IJlulrl: uhllL!luion shllll he nM,.ldi!d ror 1111 nl'l!~tvI!ll un 11m nrelimlnbl'\' muJ.JlIlDI
;mhYivil.iun.ewu !Iud nlllinul.J!!:.uk!IZD1lo'nl..llab:uillu1llwL...Om.hllunduries: l,rll~D:!I'
~1hullI'll.! dill,.ms1wnal..llD..lbsl.JllUl.l..a1hdlrilimLnlnI..
li.- CRHA "En PllHSER VES Cmall!d Pn:s~rY~51111ll11 be 1I1lU\\'etJ rur Hire!!.! 11m. Cllnnul
o:.ua..mllhl,' lI1:cUlnlln\d:IIt: hellll Ih~ll~ HrL'!:crvc un-u IIlIll(lm "mOLin'll IIClh.!tt.
L. "l1I!n1!giliJlilY ('ritl!rio l'm:mmUI..QJ;.u1Itllnn.:!\,lI:VL'!> lnchlllu:
o Wh~rt! sil~ ele\'ntlon! or cundltions: rennin:s clnclmll.'Ulnr fin Ihen::by
mllm. ur n.....lur:inl! tbt' IOUlVlvllbilll" Drlhe nnljYI! \'l!llclitlinn In ils e.'l.b:liht! locnlinnr.
b...__ Where 11m l!;'(iSllnl! Vel!l!lUlloil fCt1l1lredh..l!!i!.I!lIia.li.lncull..'iI wtu..-n:
m:snuwa!..!.if!! illlllrtl\'llnll!nl!. lire ~.h!tD!JaI1lW1lUm imnrnv~mllnls CIII\IIIJJ..1:!$
~~,ll41!1.PW~~lImlt~,~tlan:
c Whim' nnlh't: nrt!!U!rVIII11~11 reOulrllml!l1Ia: cnnnnl bt! ntt'lImnHlll:.ued. tw:
Inllu!lcunl! "hili s111l1l1\.'-t."'l!nl~ n nntlvl.l nlllnl cmulnllhllv ill.1I Ihn.'1: llrulo Il!nlllntl
cnvu1'I "limbs IInd lrl:e~~ urillz:lnu Il1ruur nlnnl mnlerlllh: 1011110 mort! dtt~"lv 1'1....
crenh! [hI! 11I!l1 mnlU~ "UHclalion TItes!! ftR!H d1ol1 be idl!nlUicd M 1..'1\!f111!d DI'l!!mrve!.
d When 11 SIDle or Fl!d~rlll nermll rlioulrt!s ercalion ofnotive h2lbllnt on she
The crcnll-d nrt!~rve ner'l!Dlh~ moY fllmn nil or DnM nr.he nbl;..!: Wl!l:lnlmn
o:.auircmenl whcon n~sC'rvl..'S ure Dlllllled with Dlllhntl! E1nllo" IIsinu.(hll crilerin !.1l1 rnrlh
~Bll..-d P~r"'l!s "rnIII!X~Dlit1n 111ft" be I!rRnll!d rel11U'dll!!ls onhe sill! orlln:
RIRI<cl.
~ When !.mall Isohued arl!RS (of leH!: IhuD ~ uere In !dul DrnDII~ v!!I!l!lnlioll
e>:igl on sill! In cues where ~II!Drlon ornnllYl! Vl!l!clnllon reButls in stllnlllsohllcd
llrens 111'11 DCl\' nl' Ie.!!!. DreservellnDV be ohlllll!d wllb nlllhreu !lmID: wrillll.lh.! L,;ll..-rin
!leI forlh In CreDIf!d Pro!.Crvel Hnd Jlhull bl! c:renled ndia~1Il il!..od!&llnll nolive YUllelnllnn
Drl!R!i Oil J:lIe Dr enmhmDtI5 10 nr!!!Sl!rves nn adinl:(!nl DmDCrlillS ThISl!xccDllnn mllV bi,!
I!rr\nlcd, rQunrdleSl nrlhe size I~rllll: nrolttl,.
r. When In access oolntlo a llrolccl csnnot be n!loc:nled To comnlv with
obli!!olorv hCflllh nDd SRrclv maodnte!. stich IlS rood ulhmmenls re:ouircd bv (he Slale,
pr~scr\'l!! Olnv hi: lmnneled "lit! el'L!llIed elsewhere ll~
". Reoulred PI.nlln!! Crlleril1:
I., Where er~l!.I~d llres!!"!:! are lIooroyed the IlUIdsr:aol! nlBn Ihall rn-ereull! 9
nalive nlBnt eommuhhv In bllthree I1rata (I!round COYer. shrubs and trees) ullUzln!!
lan.er ohm' rnll!:rll1ls!lo us 10 mOn! mde"lv re-Irrelte the lod mature vel!e'olion Sueh
re_vel!etBllolI lltHII BaDly the stlndtrdl ar section 24.4 of this: Code.. and include the
followlnu minimum slz!!s! one uallon IZround cover" eYen nl gllm shrub~ rourteen
1141 fool hla:h trees wilh I seve. 1M! tlrown SDread and. dbh (diameter al hrell5l
hell!hll of (hree Ineh!:s The sOfIcln!! of the DhlDts Ihall ~ a. follows' Iwenty 10 thinv
font Db eflnl!!!r (or tree!; wllh . small ClnOIlY II!!!!:, thlln 3D It mlllllre JDf'Ilad) and Ihl1v
foot on c!!!nler for Iree!. wllh . Jori!o canoDV (I!reater than ]0 ft mature mreadl live
foot on cenler rer shrubs and Ihree fool Dn cl!nlcr ror l!rDund coven: P1f1nl mlderifll
shall he nlallted .In a manner (hat mlmlcl a naluml Illsn. communlrv bnd II:hllll nol be
mslnrnlned a!; hlndlCIIDlnu Minimum !IZfl!l: for Dlahl malurlnl maY bl! reduced f'or
scrub and other xeric h.bl..15 where smallllr size Dlanll Dllllerlal an: bcltcr sulled ror
l'e--1!!'ltabllshmClnl Dflh!!! nllllve olanl comlnunilV,
b, Allnmved crllsted Dreservl!:!l mllV be USl!!d 10 rec~Dle'
(I' Dot more Ihan one RCte of the teaulred Dre5erY'l!:!l If the nrRl'M!r1V bas
lc!!s Ih8n Iwenl\' ncrC5 orcxl~[IJIII' n"llve vl!I'elDllon
Jlpge 134 or 1701
WClM 1U'Uc;~FOugb nn: delll.lcd. words underllnCld urt: uddt.-d
1A
rll..-lWl mnll! 1IIIIIlIWl1l11!Il!K (lfllll! R."l.1lI1n...... nn.'St-'r'YcoslrUh! Imm..-n\'JHu;
I!Qunl 10 IIf tm.!ItICOf tboll In't!IIIV nL~L.!ID..d.1m.....dwn. clubl" DCI\." (If L'!dstjl\t!
W1lwaoll<lWJw1.
en nul murl! Ihnn lU~u I'll' Ihe rellllirel.l D~!l!rY~ if Iht DrUhl!f1v Ims
.IaI~J!tlm..'UIL"I' limn lli!!III" OL'~Wh&.lUllh"<!vetlt!lnlinn..,
\:'. The minimum uimL'nsln;t1LlIhall.llDDI'Y It"I!!1 rnrth..iu..l3J.I,U.
ll_. All fJI.'I'imell!r hmdsc:onin1!.lltl:IIllml 1lI-r NUUISh!d lo..m.JID~fIL"1.'SI tn.fuUjll
Ute ."ulv\! \'l!l!l!lnliun~'UIIIn."fnl!ms IIltuUJ~~.ID15.h:.tl.Dlm~ Jmd.!l.mU
J;OO}D~IIIJrt!sl!nol!~ln;ld.:&.
L All OW^Bl~ SUI'PI EMF.:NTA( I~LANTJNGS. SUDDlemenlnl nallw DIDOlioo!; in
nlljh!!.!,u!!!!!l..m~ODn!~~rw nreM ""ht!rc Ihe.DUWMIlnC.l!!!IW.llw :1Inllnr nu~'V
~!.!lli'Jl!linl\ cl'l!lIlt!~ Ohl!D Dl't!ft!: ",llh !iull! or nil nor~!:Ll1Iilln COVt!njR~. Illanl mrUL'I'lnl iQ
Ih\,'Sc r~U1IItrt!lI!ii ,holl m\!\!llhe rullowinl! mll1.imwlllli1.c crllLY'ilC OM !!GUilD unmn'"
eU\"c!1'!t Ibr1"l! nollon ",nibs nllll sh: roOl hit!!. treel PlAII! mlllemll sball be ulDnled III. mQnner
1huun.IUlJLlIolllrnl blunt communltv aud dRIll nol be mltlnUllned lis land!:cDnllU!. MiniWWJ1
~ olum IIIII1L'rin! mil" ~o.d fllr Icrub Hod o(ht.!r lCt.!rlc hnhilnts IYhcYt!.!!llnJkrmt
PJ;ml!.DlIth:dRliln:t,hltlJttJlJtlbalfiu:.n.~!llllhlh::luncl1Ln!.lha..muI,'t! nlnlll COhlRlUom:.
~ I~RI~SE.RVE MA'NAGEMHN'r I~LANS '1ulllJ'1!Sl.llW M8n8~lIml91t "Ian shull
i~I)l1U'.nalwl1.lhlll.mU!d be Ink!!n InJ3IIl1Inw.buI~.~JlQ:Dl.mll.litl1lOliUDJ!1..D~.
tlJ~i1UlU:.1mh.m1 PillA J;hull incllldlLlWUi1lt!illinu~:
I. Generul Mtiintcnnnce, IlreSl!fvm: ,hall be mnlnmined In (heir MIU"" stDle and must.hP
!iJ,;DI rft!l!Drrdll~nn~
1 ~ltn1!e VCl!Clnt;on Rl!lnoval NOll-Native Vet!elulioll and Nufsnm::e or InvnsiVt! Plnnl
('nn(ml. F.xlJllt' Vl!lIelnllnn l'eIllDVtl.1 "nd IIlnlnlt!Dllnro Dlilns ,hnll n!RlIiR! IIUII CnII!l!IIW
~ic..'S b~ rl!mnwu rrom nil orell!l"Yl!S- All Llxn(le& ,,,hllin II~ lirst 7S rlh!l Ord\I!OIlIL'f'
l:dW:~QOOII.!11:Jil!u11 h... D11\'Jiicn1h' rt!IIIDvt'd nr Ih\! II'L'I! ol!....lkm:a...blmdltnwlJbll'
ill. lUll) (tculllU Fxulio wilhlnlht.! hlll!..;nr lJrlhl! DtCSL'n'l! may I'll' nnnnl\~d Itl hI! 11'L':I11!11.lD
1!~m.!.~l.!Il1.lln!.!lLlhlll nlw.!l~nl rl!lnrwul mil!hl CJ\llse more dnmrrl!C: In Ihc DIllin:
"I!l!L'IDllan !nth\! rlreJlerYl! Wlum DtOhlblled l!xolie vet!clntion ill n.!mo\/ed blll.he bllse Dr
~l.'- YCl!elrUitln remolns lhe bust! shall ~ lrolled with on US En'Ylmnn'Chlnl ProIl!c11an
AnChcv nnnroved hl!rblclde and 8 v!sulllrRCCr dv! sholl be .rmlied. Control or ~~n1ia
durn be ImDlemtmled on a vearN basis Dr more freoucnlN when reouired and lihnll
dc:!scrlbe SDtc:lfic lechnlaues 10 Dl'evcnt rclnvlltoion bv Dmhfblled exotic veI!etallon or Ihe
sile in oeroeUlhv, Non-nnt\ve Ye21!Iollon and nuisance or InVB!livl! Dlanlll shall be remDved
from .11 Preserves,
) Ot!shmallorl ar. Preller\fl! Mnnllll!u A. Preserve MllJllmer shnll be IdcmllfiL.>d us !h!;
~tlllllr1V It) l!nSllf'l! tlml III1l Pl'l-"lltrve Mnmll!l!lllUlII ""m is OOl:u" L"ml2l.ili1brilJl..
TIll! Indivldu:trs I1Ilm~ oddl'l!rr Dnd nhtlnc m'nlbur sholl he IIslL"t:l on the Pn.OSI!T'W
MnnDI!.Cml'tll Plnn "!'hI! SIIIlI\-' Infonnulittn Ilmll be ornvlltcd I'l!I.onflnl! die dl!vcln~r Both
Dllnil!s will he I'1!IDonslblellntil such 11m\!; lhnl(he hnmcuwnL."" u!t!lOclu(ion hikes oVl!r Ihl!
munoloem!!nl "nhe nfCSl!rvt! At tholllme (hI! homeownOR DS50clallaD moll IIml!nd Iho
Dlan to nro,.Jde Ihll homoowner an:oclatlon I"rormarlon and Inrormalion telUtrdinl! Ihe
Derson hltl!d bv Ihe.DSloe:l.Bllo" 10 mana!!e the DI'I!5erve. The horneownl!r's nssoeialion nnd
Ihe Dr~et'Ye nlanDf!er ~hnl1 be resooosible for annuol mflinlenance of (he Dl'e5erVC in
ocmelllltv All minimum. Ihe Premve M.J18.l!!r 1hall hDve the urne aUIlJincDlions as IJte
n!Guimr..l ror (he Blllhar oran ElS as Eel forlh in JUdlon 3.8.4
4 Wildlife Hablta! MDnBl!tmenl. Where hllbllDIS mUSI be rnDnam!ld with rDl!orns 10 the
sneclcs utilizlne. Ihem. Wildlife Habitat l'danBuement .ltBtM!les roIlY be reauired 10 Dr'Ovidc
for sl:M!clall:r:ed tl'rBrmenl Drlhe DresIlN! Whl!!te nrotecled SDf!cles are kll!nlified
manatoemen1stratel!'ieslhaU be davelonl!!d and Imoll!mentcd ht IJccordBnce wilh section
3,11.3, Where lite condltlom: reauire Drm:crlbed bums, I fire maJlBl!ement olin will be
develoDed Bod Imolemenled
S. Prolecrlon Durlnl1 Canmuction and Slunue After ColISbucllon, The Preserve
M.nuemeot PI,".hall Mldreu Dfoteclive mllB5urC!l durin.. construction and shmBl!.e
durlnll Bod lifter conslructlon IhlJr Ire ~onslstent wllh !Isclion 3 I] It
H ALLOWABLE USES WITHIN PRESERVE AREAS, Passive mcteIldonalll1cs sorh
us Dl!rviou5 nBllll'lllmlls orboardwalJcllre 11I0Wl!!d ",lIhl" the DI"eIttr"Ye 8111DL." Ion. III uny
dearlnll' teOulmd 10 tillllllale thesll use.!\l dDes nollmoocl(ne minimum remlil'l!d Vl!lIelnlktn Fur
Ihl! DUmDSC! oflhl!llllclian. Duslvo recrcDllonnl1lllU5 1Il'll Ihas\: usl.'I.bal WDltld 11110,,, IImllcd
IlCl.'rU to Ihe DreSeN!! In a m.nner mat will no! l!nUOle Dny ntmllli"e ImDDt!1s 10 tilt! nnsCl"Yl! such
8S Dl!tvloll!l NlthwDv.l bellllhl':" IInd educlIllOIIDlsil!nll Art! ocnnlllcd in (hll Dn5l!rVI! FI!JJCl.'$ mav
he ulIlaed outside of the Dtl!servcs 10 brovld~ brtller.lIon In Ih~ nrcmrvll!5 In nec:ordllll~ wllh
Pngc 135 or 174
WonJ5 ~fU(.4t-throu&hilrl! lMc:h:U. wunb Ilndcrlincll nn.: uddccJ
rrA
!he nmll!Cll!d.lJ1eCli:!!o !Ieelion ].lL~u:1!!I om) wlIlLl nm..nnlJ!!mDiunI.!!i1bi!! IlK:
I!l:l.'&ntun.'U,
;.~.7J. ,.Ill.Wl'(:TJfl"'S.6"'!~MAllmiliA"'bl..
A. lNS}I~t'"I'IONS SHAI.I Bl: RI=:OUJRl:.1) 110R ALL l'IU!HI~RVI:::S. 'nil! ~.crw
i!Omulmllli.~nkwl.Jlwl Dnnl'U"~ h\' iwI.m'kl!~snndurl11Li~!U!iIh UU.'
liillffiU!,l!.lChL!dull!'
Prior 10 nrellmlnmv 1H:C:l!nll!lllCt:' Drill!! nhlW! or Ihl: reDtllfI!J subdlvllion
imnh1\"l!l1llmll:'
~inJhe 1I!ol!OI'lCillILod nhn~ nrlh!! nnlll !i:lle dl!Vdonmenl olun briM 10 .he issullflce of
~L'lI1l!.lrlX!C:llnnllL"\'
.:L_..illLrlaln.lwl..m1luw1r CIlUrses.I!dm..IJ1.I11itID.l!!IIICI! ul"u CL"I'IlnCllh! nr~,,").Iut'
Ill\: Dm.ns:nu111Ell.hlIUlallrc D~odUll!d with 1bloU:!!l!Ja!lla\:..furlllu::
.. r:ln!tl,. Dt!rt:enl Wl'l!llIllve enverll.l!e or the creDll!d DI'USCIVl!!t Mhd sunnlemCfmd
!!lIlIub'lll in.~.iLD:lluiill.lI'iJbiJIJt.1l!lWIUNIiIlllJllllnl!.lm: IIt..inl1lllnlnllllllll
i111Y wI! IDLl!!.l\intaincJ in ru....~..1ill00t nbllllH \lulI rl!'CndLmLlb!:ir.!!!mJYlll1iDlIu:
P..I\"'I:fXlUril!b~!mlJ1IJb.lWs cuvcrntte mlwn:JllW1.
11.-._':' At!"'lML..Mt>1HJillu~Jj(':\L.6JllI!!!!.lWIiu~,i!!!!!Lb<-""IUiD.'ll,"",L'IlIiIu: b!Jhr
eD:~.!1U1~m~IlI~1l
] 97.3. RliUUIREO SETBACKS TO (JRe:Sl!RVL:S.
A. All orln~lnnl.!:lruelures: !Ihall haY! II mlnlmmh ?s.roollelhack from lhe boundArY of
"11\' nn!SL'l'Vt::. ^cc~l!lon' slltlClIlros Dnd nil oIlier SliD ultcmtlons: IImIl haw. minimum 10 lnuI
~t from lhe hl.lllntlnrv ul' no" nrescrve.. ','lieN !Ihllll be no s:llc DhCIIIIDIIS ",liMn 1bs...!1a1..!.D
~IICL'l1110 011\' nrt!s~rve untel! II call he rlemonll:lrBlcd Ihmlt will nol odvr:rsely hoon!!t fhe
tnll!l!ril\' or thnl Dre~l!rvl! II c I:ill "1ftV be nooMved 10 be Dla~d wilhin 10 (Loci urlb&! uolu",.!
DMSD'.J:.JBIU!liO:J!!!lnuoornved 10 be Dlncoo ",llbln 10 (Loci orn Wl!t1und ~M.JIDh.'U..b
531lLhl; dL'Iltllfl:llnllt.'tJ IIml II will nol 1lL'l!ntM!lv imnllelllllll ",ulmnr.!.
l!.-.. Atltlitinnnl n~llCrve bunton: shull bI! nllUliL'tIto \vclhlllLl'l: DumUlIlI III SL'Cliun
UUaMA.
l.2...1.d- ~~MPTIONS.
A.. SimIle fumUv re!:idenees Ire rmblecl onlv 10 the lonllcuble \'eJ!eIBllon retenlion
lI:Iandems found In 3.9.a1.
B. Annlicillloll!l fur dcvdonmanl ordllr5 nUlllllrirjnlllli!c imnroYl!menb: Sitch lIS un 5121'
IIr "'SP IInd 11I1 II CIUU bv C:100! busl!! "PSP Ilmlnru liuhnlll1cd Hnd dllmlL.,) lumcbcnL..D!:iur..lU
June 19 1003 8rt! nOI remdred 10 comnlv wllh thl! ornVbllnn! on 9 7 rormurlv 3 9.S 5 6,
which "Lon! Ollcmled on or nfh:r June Ie). 200].
5<<.3.9.'-1 ~~8~1I0JK'lInd1lRl&. VF.GETATJON
PltOTf.CTION AND RF.MOVA.I..STANDAROS.
3.9.3-. .1..1. 1'Bt:~'!Jlh If' IIr~I;''f1Hf YEOETArJ{JN PRC)1"F.('TION STANDARDS..
~ GtNIeNII: A GENERAL During construction, all roasaDllb1c IlopI necesslry 10 prcYlJ11l
the destruction or d8mBglng Qr vegetation shall be &aklln, Includq the 1nsI811a110n of protccllve
barriers. Ve~ellltion destroycd or recelvl"; major damase mull be replaced by "Flallon Dr
equlIlt:nvlronrnental valuc. as specified by the developmenl scrvlc:u dcpanment, before
eetup.ncy Dr use unless IIpproval for their rmloval b.IS'been Unmlcd.under penniL
~ .."" II .J.. ",'""',.I.J.,, riB m. B FILflNnANtJctJN!:TRUCTION DeBRIS.
Durfne conllructlon, unleu o~herwlse IUlhorlmd by the vegetation removal pcrmll. ne excess
5011. additional nil. cqulpment, liquids, Dr construction debris. shan be plllccd wllhin the
driplinc or pny v&lgclatlon Ihat b required 10 be preserved In hs presenllOtDlion.
~AflM'.~~11I11f\ c. ATTACHMENTS. UnleSl olherwlse aUlhorized by (he vegelallon
rwnoval permil. no altac.hmonll tlr wires olher Ihem thoSIl Dr II pl"l.1l~ctive or l1ondamng,in& muun:
shn1! be IlIllDthL!d 10 nil)' vl!gelntkm durln~ eunslnu:lllln.
~ Eir,... .Il'hJ" D F-'<<....A V ATJON. Unless otl,crwbe IlIldhorlud by the yeg.tlatloo
~oval pennll. D(I $(1111, 10 be removed from wlhln the drlpline orony vegclDtiOl'l thai i$IO
~nnln in lis orll:l:lnnllocnllon.
Plge 136 of 174
Words ~~Ilrc del~lud. words undllrllnetl un: udcJl,.-d
r-rA
~ntl1'/Jt;I'1IIBa ' llJ!S.'g'!lge F- PROTF.{'TIf.'E8ARRIERAND.fOH:N.4GE:..
I. "urullll'irUI1!f/1rtl'"rill"l! rnlr,.it!/'X ltIrJ rrhrlllll'lL ^ II prol~tliYC bmlenlshllll be.! insudk.-d
and lIlulllllljn~d fur 1111: pl:riml urliml.! bc:t,:lnnillC Ivllli Ihe- t:U'llIIlIftIL'\!IIlI.'IIlur :lIIy p1ll1sC' ur
hllld ch:lIrinc ur tJulh..lilll: C1lh:nllkllJl; nm.ll.!mlillB wilh Ib~ t\Jmph.1iul1 ur Ihul phuS\! ur lh~
"IHbolRldiulI \\l'ri;. un .hl.! liil~ 1I1111:ii. IIlh"TWill: Dl)pru\~d III bL' n:IUD\~ it} th~
1k-\\.'lllf1lIlL'UI fil:r",in~ din:c1m'slkllol Nlmoolnlalivl:. ^1I pmtL'tllw bani.:n: shull j)l;'
ill):lalll.-.J Imfsuanllu II,,: fn:c Pru".'clillll ""hnmld fur UulkJ,,'ftland Ik\'-=Iup~no. L11,'ilOltlll u(
!ilrl.'lO'!)'. ~1;a1C' uf 1:luridn ur ~hl," 1Il~IIIIJIIs Ilopprm'l.'d b} Ihl.' dcwlnpRll.'1I11k:r\ iell: din.'L"llIr.
Shmllt.'C' shulll1t' nlncl.'d IIRUlnJ Ihl! nl'l!!lt.'fVIIIIMlli IU i"'l.'lIlll\ mad nnlll.'l:1 Ihl.' Itn.'SL'Q).'
mtr.iruUtlll!llnll!linn n).;:.l1m.lllitun' uflhl.' proyL'rve IIh,,1I hi..- RJ!lb.1lnilh.J!p.p.nmdnw
5i!!IIII'~ dL'llnlin!! Ih!! nrcn ns n IJrcl1lrvc Sitmld mDuld nolt! rhDlIhl! W!l:k>d PI'ClIls R
nrnll!r!h!t1 area '11d sll!DI ahIllt be an closer Ihnn len rL"t.'1 rrom rusldeNial nmocnv Un!..'!:' be
limilL"tIlo u I11n~i1nlHn hl!!l!hl nffnllf r~ and \I mndmum sizt! of two KOunre fCI!I'l!.nJ
ulhL'I'wisl! comoly wilh ~lon :2 5 6 M..rlmllln cillo snnc:ihtlllhnll ~ lOO rCI!I.
:!. Applit'l//lf', rtprl.!Sfmwlil'l! T'*IU/rutl. 'Ole appllennl lor a veJlt.'1Dtlon n:muVilI pI.'~nil
shull. ullhe lill)l! t1rupplitnlhm. desigllul!: rqn'~SCfIlllli\le{s):
-1m Who lOllilll be respunsiblu lor Ihe lnswlhtlion Dntllh~ Inuhu':IU&nL'C pfullln.-c
pruh.'"Cllun burriurI.
;ijh, Whu I;h.1I be r~ponslblc rur Sllpcrvillin~ Iho rom oval or elll!J:i5llna vccelnliol1
pcrmilled lu b\l renlt,weu ur nhl,'1'l:d. .
d-rJ;.Pmlut'lltJII ufullllrl!llS U/I''''1:~IU'/rm. ArclIs 10 b~ prescrYl:tlmall be protecled
durln~ Innd nhcmlluu and COllllll'UCtiOIl tlCllvltics by placing n conllnwlIs barr!!."
lIrutmLlIIII: pL'rlmell!r orlhe IlrCD or"CllI!Luliun 10 be pl\.~od. 1llis barriL.'r sllIdl be.!
hlghl)' ,'ilOlblo anJ conlllruclcu of wuod Slnkes sel II. nlll~i1num or IdI (~I apllr1. tit II
heighl m"SI: ...fl\\O III fuur r.~l!I, dl cuvcr.:cl cOlllillllOO-'I)' wilh brIKhll}' cuwn:d, nl~
\\'CIltIll.'f'mash IUlII!.'I'illl or ~IIDII),f1C barrh:r l1\clhml. ^n cr.lulvulamt melhod mllY l~
,ubslhull:d wilh Ihe llppruVilIDrlhc tJuvl:lopmelll servlc~ d~C1or.
~Prrj'~'IJun oflnJMclull/ ,rees. When Ihe relenllon of single lrees is required b}'
Ihls Cude.1I prOlcctlve bnrrh:r, similar 10 Ihlll n.'qllkcd Il1lscctJonl J.9.S.I.S.J" slmll be
placllt.l unmnd thc IfLoe alII distllnCl: (rutn the Irtlnk orJb: rCl:1 or be)'~nd thl: drll,lilll.'.
"'hlc1IC\'L'I' is grclll!:r. or liS DlllCrwisc I1IlPIOYW by Lhl! dcyclLJpmelll ~l:rvlccs diNl:lur's
IicldrepreSl!nlnlivl.!,
3.9.!".!,.2. ~ .'1:2 ,'_,/8, R..Ht),Il,' .(.~ l;Jtn:..1I r'~ClIrlJ.'rffl; CRITERIA FOR REAlO""AL .-INDlOR
REPLACEAIENTOF PROTECTED Jo'EGET..fTlON.
A s'r A NDA RDS. The developmenl servIces director may approve In 8pplic:nlion for
ve~ellllion rOlnuvlI1 permh BB&e~ en Il\e rlll.wi~kM-lrllls derermlned [hili n!:l\Iohable
"rrort~ hove bl!en undertaken In lhe IbVClllI Dlld desllm or fhl! nrnnn~d develnbmenr In on:scrve
e.d,II..!! veuetnllnn ttnd In n1ll1mvi!re L"flll."!!!! Ih~ ncsl.ru.11! nnnenrDnCC "flh!! dL'Velnmmm!.hx
rln! incnrnllrulilll' ur!!1d!lllnl!. vCI!L'Iullon In Ihe lIeslt!~ R~Inc:nHnlllll' rcp~Jl.r
wl!clulilln muy he rl!uuirctl us D CUllllhiuA 10 Ihcl!;IU.IWlCC ..rIm unnrnlfullll uc..'Cunlnlll~c with Ihl.'
criteria scl fOrlh In lhl~ division In Dtldllion a v~l!elUliun rt'llloyul Demlil nlay bL' InuL'CIuutll:r
the rol\owlnll condllions;:
~ I, Protecled vCGclatlon 15 a slIftl)' hllZanllo pedestrian or vehicular traffic. public
scrvltcs, \I1i11lles, or 10 un existing rlruclure.
~. Diseased or olherwise unhcallhy vegetallon as determined by standard
hurtieultunll p/'1lcliees and irrequircd, II sile Inspecl;on by the development services
director's field represenlQtlv~.
~J. A finalloesl development order he! been Issued which nlqJlres removal of1he
protected v;gtIBtion.
~. CDmpliance willi other codes and lor ordinances may Involve proled.ed
vl!"gelaliDn reman!.
J.9.E.2.! 11\1/1 a,p,e".1 rar 8ft .J'IIl11utlef. lR.sl. hlg . egelallBR nlHe ,I Bllll. it.: &hall be
1fillIIIIIll eftl} Ifth ~I I!IIIJ'1IHIIU SIr J&tS IItlrnler #iRBllhall'!H8....J. lA'S'''' hal'. h'en
ItftlIerteklll IAIRIlI.,. lilt ifill dell!1l shill pra,e..1It ltt"lllapMenl te pre.. . 1H'15fiR&
.yegetatleRIAd IS 8.........11. 'lIhaRI' thl Ullhlll.."..NIII. errhe dll\'81ap1h11l1l1 ill' the
~[IBJ\ .fiJll.91iRg 'llgllBti8R Inlke desJg~es5, llelsllalkH\-eH'epIHHfHflI..ur
W~&fIrio" 1111) he re4wlHI!III! I eluwUUett~hH5!Klin.I!-8~,"IHI~Il-IIIKMJNamll!o-WkJHhe
..,jttM'lHeHill'lh-llHhlY-4kolwieA..
Page 137 uf 17<1
Wnrds ~IU'l:lll1k ore tlclt!lud. wurdllllndt!rllllu~ un: added
I~
;~~,~; ~, ~"t't"wH'fI#t'It'Ii''''1''''J/IWk'fI,''''I'>I'eIIIf","I-l.'f'''''WH#IIw. R\lpl3\."CRI~nl uf
lluUlUlliv~ VL'gulUliulI ""Ill b~ willi lIoth'l: VI!J:Chlliulluf UlMnpltfllbllflHlli"", .lId 1I1\l11 hlld
~hall hi:! Subj\!L't lu lh~ llppl'O\'ul Dr the developmcnt lII:fVict5 dil"Ktor or his'l~r dtsignc~1ft
Ihl' 1!"I!IlI.IIIHI,tlOllIl'"t'tlbll!<1J"lIr~I''i)r lJiamfl"I'"I.,hrtlil){l.h"i~t (c.IhI'~linn-hrlllll
Imllhtnlto, IlIl1"U"'I'-Llhh IFlNlI-lh"t 1111\11 1I1L! r"L1\1iHI1~'lallllllll' 11l8)"'-lw 5Il\1ll1.illfhtd"Ullwr-oo
CiA!'UIIIIIHnth!:.~IHt-IFlh'-6I'-th,ult-hHHl-lhaM:hlHtlillblli1nH;~uift!QMtI-J8HaMI"'piRQ
hl!--lft.'C"PIL!l.I,..fGNUtlfJllunfw-ill"W1~R!.I1IIft1.f.a''''Nmu''''''oU,"MWnlM-iW-W1l''11l1~lll.d..n
M.'tI"",&-~IIl..,,,.I\ 2,1 I II "'HU,kutttnI"lll..,lH:Jtli~Ht1HkiI-W'"e>'llal:ltIlHllKll-'-!:
"II II .I+I,-hasili, "'llilll&-th~"lllnimunt"nli.lglUh.)ft--$i~ Illih!NI ~hJhf.J-Ulldttr~lNClllMl ;;.Q-l~')
R.~oIDa!l11CI1l \/ellL....llon 111011 comolv "illl l~ IlIInulln:l!l or Secllon :! '" ,.IlInd shill! in.9ltJl~
III~ taUowinl!. n,hdnmnl sl7..cr. onl! Mllon Il.fOlInd cow-or.. RYlm rn @ullon shnl~ foonl!1!1\
U41 font hinh 1n."l!5 wllh Sl!vun tl1nl crown IDrlllld nod dbb fdmmt!l.l!f' 01 bn.'MI heluhl1 Df
l.hMJnd1;L Rl:plnccmel1llUulvc w.;.ctution 5hnll be plnnl~ wkbln 14 tlIIL-ndnrdll)'5 u(
~nll"'t11.
;..,~~. t On a pun:el uflund zOlled I'llsidcntiulllnsll!ofulIIil)' (RSf), vlllltge n:!i\.J~nllul
t VR). ':111111':1 (F.) Dr 01her nonDtpicuilLtMlI, num:umlnli:rclul zoninl di5.ldoln wblcb sillg.N-
flJlnil)" 10ls haw bINd .subd'vIJ~d fur linglo-ramll)' lllW onl)',1Io Yt.'Ic1Dllon I"t.:muVtlI pI.'mdl
Inn) hi! 1!I$uli:u fllr Dn)" pennlllcd act:~S!I()I')' UlW 10 tool :nmlnu..
~, L "111'1: proposed mangrove IIhenslloR hua Itlorld. dcpDrtllll,."IIl or coVin:mmUltlll
prut"..:liun p~nllh or meclS Ih~ p~rmiun\1:L IIIUlItlunlS In r~loridH Adnlintslnll!v!.! Clulll I,.
3l1"tJJO. '7..J:!:I.USO,17~3:!I,IDO,I7.3:!:1.801.17..32I.1f02.ur 17.321.803 I1Smu)' b\!
UmL'I1L1el.l. IlU\\'l!vcr ntftllllnlVe rcmovul.2l1!lmlnlnl! shall be nrublblloo tn nO pt'L"SCI'Y~sl1r
I!!!r-II> mediI'! fuililllhl! n:'llivot! vct!l!lInlnn Dl'e!<<!'rvnlion I'OOlIlren\lmls.
~ I.. Removal 01' vcgclatll)n ror approved mitigation bank sites (ns dennet! by the
Florldu Admlnll'lnulw COW): SIPle Dr fcdcml1y cmJorsud environmental pn.'SCn'Pliun.
L.'1,lumo:m~llI t.lf r~lol'UllolI projl:clS: or SII\II: ul' F1l.lrldn. division ur fOI'CSIl)"ltpplVv..oJ fin:
br\.'Ub shull b~ P"lrmill!.!d. VcgL'1l\lloo removpl pcnnils IsslWd under l1lL~ crih:r1;, nre "Illid
l'or 1m- p!rlod urdu! 111111: uulh~wl:tcd by such agc:nc)' pa:nnils,
8. ,"EGE:7'''77(}N RELOl'..!1"JfJN PUN It'vcIHIIDllnn rdocmiun Is DrQDDJedb'''111e
DpnlicBnI. nrlor tfl lill! devf:lnonuml oll.n conlllrLICIloD olBn or oIher final Bnorovals I \'eI!l!lDtlan
~IDCllliOn QL,""II fWl!elllllon rDmDynl oermhl mnv be issued bv the IIllnnlnl!. servicrs directlr
nhJVid~ math rnn be dcmDl1llmled lhal enr'" Irno$olnnlDtion will enhance Ihe snrvival oflhu
m1DCdh!d \'C~l!'lIlllon nU! veuellltlon n!IDl:lllinn Dlnn sholl doc:umenl melhods nr relOl:Dllon
liminl! ofrelocnllon "'Aleno!! orovislnns malntenuncc lIod aloor hrormallon nl l'Cauln.'fI bv Ihe
Dlannml! services director
C. LANDSCAPE PI ANT REMtJI'AL OR REPl ACEME'.NT. The mmov:!' Dr nmlacenUlft1 or
mmm,~llundsC8olnl! sholl be done in IIccordonce wldllhc raoul.dom: Ihlll nuidl! thl: landJ;co~
J2lJmu::ttiC\V5 and Ilnnrovnh 1u..Dlvlslnn:1 4, A yt!nl.'!lnlinn n."lho"'nl.D!m1!l1.JlULDlll.~I!!!r!1
fnr.Jbc! l\!mnvlll nr rcnlacl!munl or Innllseum! Dln"t! 11UlI nnDn.l'VIII mil${ he nhlniln.lt.l1hmuIili.llfl
l.Im!:mJI1ll!11I nrL1cuJ:slulhl! Imulllellnll' DlllO or 1111 ml!.1m!:j:M.ll.lllhnrb..ed tn.J!lO!l!lil..ID:.tk..Cnt(j~r
rmmu:l.umJo;cnne An:lllll!cl.
3.l}~..u.. MANAGRMENT PLAN AND INSPRCTIONS.
f>>. AfmMgt,/Il!iff ",..1 ,Iilflj.'. Ill. MANAGEMENT PLAN REDUlRED For aU Individual
IIn:aS ornwngrove II't.'f:S IlIId IreD orprcscMd plant eommunldes laraer than onCthalraere In
IU1!Il,1)lt owm:r sllall s\lbm'l, for Ihe upprovnl orlhe dcvelopmccn srrvices director, D mllTDlIV1!
IIIntUlgcmcnl plan indiclllinK Ibo munncr in whIch Ihe uwner w11l preserve Iho mlllvc: planl
cummunities, Tho Rllrrallvc shall im:lutle:
~!. Whelhcr or nollhe existing vegeulllon is ID be prncrved In &he cltlslinc. species
composition,
~2, I r applicable, the manner in which the composlllon or c:Klstlng plan' malcrialls
10 be: preserved (hand ",moval of lnvu:lva 1p~lel, prolcrlbcd bumln~ ctc,).
~l,The malnlenl:nccseheduJe forlhe removal Qrlnvaslve SpeCies"
~.4, The maintenance Ichedule for Ibe removal or debris"
~S.O(her Inrann.lion thai may be required by Ihc i.e eI8J1R'1.eRl Idmnina servlCCl
director thlll is reHonlbl, Ilnd necessary 10 determine If Ihe' milllUlemenl plan mcris Ihe
n::qulrcmenl$ orlhls Code.
~ f}n Ilk'/! i II'p.L'!!S'fJR K, ON..srrE /NSPI!L71UN. .nle d\!O UIN,Ul1l1ld ~ servlL'l.'ll
direclur'$ fit:ld n:presenllltlvc may conduct I1n on-$lIe Inspll'ctlon 10 d~cnnihl: iflhe prQPm.w
PUQ" IJ8 or 1101
\Vurdll ~k-fhFOI~ 1m! dultllcd, WUM IIndl.'rllllL"lI .rc lUk.Icd
'fA
ve:gclatlon n:tnovol ln~et5 Ihe criu:ria in lI~tiun 3.9.5.2 and conforms 10 Ihe )H'@5efWlf811
standllrds BI...f2ah in sC:Clioo 3.9.8.5 below.
J~.....I'A!!Wt''''KI itlll-SlKIW"N51
V.',S.I.I. .'.111111I :.aI""AUIMH.I'pniRull) 1I1:l!lII~hit-tH'EiiR.Rel! llhsll inNl'p8NhHt4tl
nlillimUI11-dhfof1NI1'M'V1HOft-sl...UIAJIi.lHH\llli"lkI-willliIHIIIHINHoI\.
J,fJ S.I.] All RII!Il Ii, 1118p"'!!R1I .".11 ,.lllft .nIIIlRI Rail I "'&BHllillll lEI Ill! JfIE1rtlHUlI elill!HI
Jl955111h,. I!5ftlM1ll1j" "h!flil J1I.131111i.8 ellel'li8~.hiR n'tllwillntA'er AM... nql.!ll
riFUb"hN"ptHli&MN-ld.lllmH1fIHlllltnlNorlly-llIIHll-lIlf-&i...ltfH..'I'NhlfI\tin(t4~lIbilall.RN~(1II"
p"".UJ:..h....HI.in"tJ...neM.ivlll Y".I!IIuic>>t~uINm.n~'Hlniun.';."'+J-r8H1w-,"aRas:.t!f1UmHlHhl!$l
1I0001I1i}:--Wh~N-III".I~ulr't!""'mlnimllm-All*,1lvd-Y~gllt"ilM1~plH'Cktl'~UlI-~"'1tI-pUF5IHUlI"'"
lIo!UIlon.-ihQUI;-ltI,~~diHoIIHI"'"alt.Yt-Yt!g.~8llen-shlll~.inutJ~nl_-l1l!I,!I.llij;lIry
=rad~I'ltn~fUi~nblllfilotu~'''ltlI'lIfWllI.I'-mlll18ll!ml!nl-I)'51.nt-tlqjgll' ur-lII1J'"I...1ttI
lk)115IPUOllulI.rot..pFlnl"fIlt'Itll.IIItII!'-1I~,"QY,"'l""'RtIl-M"'loIu-lo-f"I,,().....udilItflIal-llI.illling-nRII~ IHO'
~IUlII.~IMIUNI'llI~)""'IHlIo-IttJPlkMlRI""'~lflall~VJl~~wt1
NfllliFltl IB "e NM&Yed;-eHts~~liIlMe-M1iYtHPee&""""-lN-I........,IHIed-iftte-sile;-l~
VM~ppHee.HHaA-8etll&M~.~"l-inD :Ii fl81 flUlltl...........ppNpfi.le.-Rt!I&l""d
8NH-6~fiMJelHlMll~FY4HI..ftHheiHttlftl} 'I.lth alllA!e&rWOdllil'5lef)';8H-gfOHIW-fMIIfRl
~ltfHl-fInHlMIl5IlIl'lted;-H,,*,t-fep..ppe,"biI~H~~IIfftI-WlIIHtIlIYe
pllHtHhalel'HakRd-p~IJd..ftlaittMtfl.I'l'"
,}~. A~n~~,*i.llr miJ;l.Ilusl! lie 1!1.,.m.I'Iftt.CN~l'-lhan I .ullJ .,NU inlh.....tilal
nll!onIlJ.l!'''''''nH''''r~Ii~I!tI.ln-Ih.....IIJ.BlMtdII~t1'' n81w-rUI'tPoHQnJ~uw-.lllnll.nHtf.thilol-ltOOnIY
~W1k-Rt..ntl~lI'''n....,IItIHlRu-grt!Il~lfMk~(J...www-ltHkH;uli5laiI-Y"".._I~m.ted'''l'l!lt-tIlHIt!lil'letJ
itHlw-plu!nH.,lln-Nlfull'fnh!AKiltHllknl..tir40'}-oJ:.+I'lt:!-A.def'liv~Iw-&-9BQ.ftlli"1HJr
~",......fe-t!ll!IIWtK-8k1ttH;eufll~ gN" ~h R'l11l~I'R .hlll 1e",1" 21 p'NlHt.et:.che
",i8hJe..M1Urally-fttR~1iI1h "!J;l,ellli,n lallle 11IGkl~8lIHh. "Ad'PiISf). "11k~1HHI
I!ftWHRlphllSl&lng (lulaPguIIBIlf.ltueulllrLlIIlBssilllll. \'.'heR ,,'811&le" spld'l IU'IIllIr.ulFiedeft
5ite,lJrlerilf .shaR i. .KfwfHe.p~~II; Anil. IS B flm efthe Fllal.lld nBlj'<e
-w:etfMio.II!"lll,.mltlll-{-see-6HtilJ~n~FB.). ..Vhl!"lie eFilI
~tl"flMfw.pklttHetlll~~"'IIU.lk' ul!"l!lsfJR1l!ot 1l1aR&-W11I. hLllu prasllt......
'""antfl'Ies-e~leRli-l~lbI&.-AfeaHAtH.lI(l;lJlIR8'IIMHt........MoWWeh-aN-pIIl"Mtl-wiIh
,","~~~dH-11l11l1:l2j ,eHletlf~INftN"HeftIWef'Ing-eu~l'IMGl')'-iIlld
gNlH'I~a~~~Bde8'llr'BR51i1uIei-KtHBB~
JM:!Fet!Ilt-ef:.lhe l8Rd5lape~ .r.. I}Qtt!PI! '~S-illvlttd...,." spin. "Ireadll'lll IIl1tRhi., Br
pFeSeFYe9' ellBI\I's Ihallflelll ar Ilfllulllkl ftliftilfl1fflt-epel' 511a.0 &Rll!rls: Breallisr ~8..nlr.11is
paIklr5hlflJ....ftel-be-feMlfl:lllella ft!ql:fire.e..la~nlllJ,t! af 8fl'" 11188' selllshb 18 "It!ll~
~li III . !&llhlliSR lIeliefr=Fhis J581i~ .hnlllUll "I Ii 111'flFlled \8 ,1181 de eloplIll!Rlln
wetlllftH,JifteuU...lltl!-Weltan"s ,181111 illRitll1lle IRIN lhe.. ~ I'lel'lll"l sf die IIlte. BlIsepl18nli. by
fftHfttoarflIIIC.tl8fl-flt-lke-feFHHlrlfl;rels!.d-lafldsHpt-fIl~el115, shaUlls 8Imted-fep-p1tf'Sets.,
wlJieh..eaRf1B1-feH9ha\Hr-ae&eIftfft9.IH~nur alien" 81 MId 1111 'f9p8111~ .Mwhy.
WlltlN-MllII' 8 ,rISllI..,aH8fl-MIIl'i~f'e-fl8HK!eel"IfI.~"'RdUR"..,IIltHlkItlI~1it
tlnllliw 'PlilnkJl.lnu"urH~IHhI'M-8WIII-{r;l"IlHllf:l-(ll)lo'.F;-ShFUb.eud-lfN~rUlill*,n&.IKfJltr-pl..nl
llilttt!Fialll"j;dofllJ' III illullt"'lUillkl)'..r'lH!I't!IIIt!--I~IIt.lolll"II\1I1u~g.llIlitlllr-5110~t!""IKlion...iudlllpr1y
Ihl:!'10111llllnrWl-IIr.llllllliun-2,4ArIlJ:lhli.cu1JtlrRIILI.IIIUluuttot. tlllHntily.or phmllngl mtllt.hill!: Ill.:
lIrnlHlhl ul' fft(UIn=LJ..pIl!5ttrYw-nllliv....vgltllldlltl ~llI'I.WRS-NIlI'IVl!c.I...".:nlV-luJklwhlg.,uinimul1l.si...MS
5hQI1-Ippl)'i-Gn~..t~9fl-tpeU"d aa. e.r; H,'a .lIeIHMtest-!4-reeHIJgh-lret&-WlllJ....a....&twtHBot ..
Gf9YHl-$pFNIkftll. did, (1IIameler.l MISI hal;hl) srtMtte-l~Fe.hnuil) "i1ll!llflla "'.Nt!h,
':ell' .rAld...e '. eie-lalls", ~k.lIse al'empl tNlfI thl!! ra~1:fjpl!l"'eRt.
J.P I.!."I. 'II e~e5 l!Ir.u' dl"ellJllmefll ullllferelHleG I" s8letisIl3.!1.f.f.l ahe' 8,
ifteIHEli,,& bYI Ret IImlleEl IS I) 'Kidl"URI9r ,,,In.er;l 1151 Ele ell!!"'!!!"!! YII!1er the Ihl'eshelss 581 reM
iR seelieR 3.1J.I'.f.J,;I) BllRl"'I"ial at' elBp'MelllllRd J) lRsllstrlal de ',lepmeRt shalls!! PlUIIfiN4
t&-pA!5lWllaR ap,r8flMI! "!'tIs,, arm! flail'. e e&etatillfl BIIlhe iii, III rfell!rmifled thrBltgh Ihe
IBElIiRl5' SIl elepfl'l!!fll Fl. it ,FUI,S, WheR ,rallelellspeeles 8R'J IdeRlIA!If OR sill!, pFlefi". sh"llJl!
Ii 1M u, !lASlr IR& 'hlln h.IIIII,15 APlI, B9" plft 8(1111 rillllRld R.~/II '.llt1eR .......iAlfflI!RI (sle
111;:118111:.11.3 fer dlemall.gemeflt8ftll...11.I..).rafl.l.../de.ilIBJlftt8ftlun.....R....BAIi. .
Minimum efteR pln!al srthe flail I .!.....JHtrHll..sh. f\I~' aNa), Ihalll" I'IIlDiR~di,~
UR~IPfiiIIl" RflJI.faVRo! 811 Ir. Far Jl.I' dl!'o9lepmMI f:l\'1l leFts er "'111:1'" I mlRIMWRI9r IS IUPVII!tI
an"'!! Rail e elllMIIII eft el'. (If; llRa), shall be nlBln!d, Ifl81lfdill,~ IRllflldlllfStaP.l IRd graltlld
18 fir PHllr Itrlll efdJA"enRleBRIIIlYl?YI "llIlIsls Iii le II. IRl8l1Fl11ed ,,1.)1111 !la.. Ul1lIIII"rplllllt
""""""hies sHislaR 81t'.1 iii, IlllpateRI pllRS III res59Rlhl) aR9'lpll8 PRSlfU! ell891ples-e(
,UHf.,,,,, If,....llIle IIs""e"ll\ I~is peltS>' sketJ R811lB bl18fJl.lbllil Ie al1o",. .lIellllepRlefIHII
......~d '/111.Rd. IIBII' eallsthwle M8F'11lklllllhll peFllel18flh~a &It I nIJuiRHi-fe..H
flINlIer. d. BIIl8f!1de"51, BY "'laRS 8fmhlgatfBflltHhH"el'ftHJt.inGl'lIU58d IlIRrH&8ptHelfltiMMIHtK.
5h.aU..h.-gFlfllld ter p.,..18 . \ hlGlHa..lt6kftsonllb ly-a&&ammt)dMte-bctIh-llll~I'I'e!;t!t'yRI itt....II""....Hd
'h&-pr.up&letk..wU)'-.~.Iye..pwIllil~t-krni'lMjulf~rn.1l15-iH"IHlul.fH)lI'"Ullltttlllllll1...thc
Iantlsettpe""pblR .haUn araall ! RIt'I\ t p1"'HeMMwnl~IHlII'lh~INlt..uNulld_..,..,r.skf\lk
lilfll:ltr fli).ltllllalflgI8F1lrplaAllTHl&e~~85HRahIN
.oregetalieltr-Sush n !I~8Iall~"~...l'I:ls efnslleR 2.1.1. Br(kls-G9tJ~nd-iKelu.
PP,gc 139 Dr 174
Words ,trlll.11 thnygk arc deh::'cd. words underlined arc: added
14
HJUi1f'lit~l1rtpfM1lt1lt&tta:-thHfMYfM-8~""""I'elieI'Wd-na11 II . t&.slllliatl .l.-t-wU
Nll\l'Hd~ulluwtn=.mit"muIIHr.o!"*ken-ttI)pl,t+-Qn~l8lhtll1!;I'lHJII"':l!l'1 ....11 ..lluR .1'd.':1
~i&lHfees-wlIII~~II"IUk"Ii-Wi&RItMitHl"fl,!851lteltha-e~,fl!C
InuhtlS._}In!YiIKltll)'..oItHlRl..J.pl'lll!elj;:.yt.itl,"r.nKliY~li!C-elnllnnt"llhllll.be-.:lttmlp'.lRll1l-lbis
n=qUiNllhtnl,
J.Q '.~.l RIKlR 1:jw.a~I-uIl'1 5hell hll UlLlIl",..Ife~1t&Y1! pn!f8F1"8llaR F1U'UiNIRlIRK
plWith!d-th.....~NH~~HtIClh IIJfllllllllNlltlil!!Hl'lRU .allat lilln 'lIIPle.Ho
IUIl":rWlIllUF&HlfolNIllfll't~p.al-l...I4'"JllB'" r8r-ffl~1'Jl8U 8nh.~
RtlHgriDll&l....d.u~R-IMhn'tH~I~~I..,.r..miR&. h8l'14ellllHFe; rmiHNKI
nu..."HueI.f8R; rarell~; a:re ell; Rl:lPHr1U, FI"ekl,,~, '8uh"'.i"ul ell pP8E1l:llli.ftlll. !llteel: JlI"IR&:
......riaulhlfle rer I1IIlWe-tp~jteH8 1::1111 erFl.eFlda gllm~
GemllliHiaR perlullE. rarll'lJ lliaR left.INllltS i" 11151ftll1HeR )'IlafIIi,1hlll"lR 1",1f lUll". ill he
NSIDRtd dlh IIllli J .~.elalieR-lHkHlegf'et-fIe.dFe.h~ \hIli CadlHl-&hHllR' illl .18Brlng
eoaufl'letl. +........I\)Rlunily.w.Yel"""M........HYIF.nm......H!WYtGeHl.MiAIIINl8~F-hlsJh.r
dttldl.U!I~ri1I.l"'Il1Illl--w.lu."...RlI1IhtltHK-4"'....btwlt-pAllll!fYl\IIDfH.!l,uif'lH1'tttR~klull\l~
Z8Aell prl!lp4~ r"" .55lntill pll"IIHltPYi....(e-p"'ykl~el'...n-ll..Ullft 2.'.11) .~ttl"il!lt,
whe.ll II 'SIR In 1I11MMtf811d Ihll it is iR Ih, lIl" iFlI.Nil .rlh. ..fteflll ,....11. IMI. . I ndu8118R
ill .n Sf fllrt""lI1 1~1 rlEluln.FRlllll far PFfSIP''tltleA-er edS11R& uti. I . .~.
J.tl.f.f.[ tIel!>'!! Pr.S8PYt1 CRlerla
I "'-'tIflif'ftM::. _ .1111 II 'Bllllllli81\ Ihal Is r,,,1I1r81111 Ill! pTlSN' erJ pllRiiHRl18 3.9.'.6 8hall he
HHstalll-ifHHlHHr Il .. r .II! "....'ill. 115 pr8SeF1 l!S shen-lMl-blboak!d . ..P....... I" 8tt-elJ...sk~
phM...
2. } rj/ljHullfl JlJJfl 'ti' III . ThHniI4l"'lIm' idlh ertl:Ut.VNlllf' I sball he.
IhlWt!IIlj fUl. lir pnlplFf:l" "l&li IhaA left 119l'&
1I.8A 8 II'Ige Iflfli~ fill 1ft 'hUtlll~~ RBI lell dum l' IRII' faelll!. "~"IbrMr-p"",~1
IBI.RilIlOr8l'R~
e.eIHWtlFBg' 8r"~ fill hi 'I"tdttl byt "lit lell thaft W'l!Rlr feet f.rpraplA) IhillRty IGM
ItII~ie""
3. l' l.lI~J-P, ~. I ; "~htl~ltl.....,ftlWfYtIHn.tt.ilPJH'9Yt!Ii;dw..huKlllHfJII-PlAh.sbltl~
VI'tI8I1Ht-fl811t,t\l!1)11l1lHft).nmw"ily-in-lll!tluI'llRJIUI!-Wilh-tll'll-Yl!tlll'liun..si~lId.s18l1d..nIlt-sIItooMth
inJ.9.I.f "f'~~~h~"ltWfl-W.r4HI~iPl)'rllllllllnellllll!rrtt~
~1I a small fSfl~~g ft ""etl:lr. sJlrla~ Iftll fl11"1Y fl1M 8R IIRIUr '.r""" 'hl! It
........ne"~. (grealer thsl'l1'O A ",llQlre "Ilelll), A.. fael aft li8flltr J'Br &hr. _REllh." reel en
eeRier rar ,\;rOklfltf 110' IFS, Planl fRIM1F111IsRalJ....M.p1snt,iI iR a FRilflRer "'at ",Iml!s. HaWRd
pleRt eem",YRIIr alld sk.1t R8t ~. R111f1'.It1IU:l RG laRElnilp1R& ttinll'll1l1fl .I..n far ,IIRIl'IIlter'll
~e-Fedlllld rar &.Ill'UllllI" elllu !:aria hahita!:S ,,'hl!re SMaller sla plM.......l'lal.n BlUer
5Ylted fir rl!! ~!IIBBlisRlMent Ifth, luti e plant e9~,
...-,.\p1t'1I ee ifleslS" prl!SIU"LI"ldIRtiAed 1ft ].I}.f.! IS mIlICflt... RattI. pMlIr"E1lisA.mar
be _III Ie A1'il'8illef
I. Rei FRen ~.JHflH81'e .f\hl! n~l:li~r IUi trlk, pl'e"~ hlt!H~l)'
.E"~llllf.I;lslil'l"l1all'l egl!lslle'"
11. Heimerl Iheft I'Ne IIH' erU'l1 nquinlil pflSIP' IS If 1111 preplR)' h..1)ull I. or
~llBt.r [RIlll',. enry eeres andie-55 IRI~liIn. Ifl"istiRg RI"'" "\'Igele.tiell.
iii. Ret lRaH IRsft I(N~ sfllle UlIulfld PFN'P"IS Iflhe pF.pl!Fty has ellyal18 ergt'!llar
"'Ill eigR'Y IIII'll sfel'llithlj& Alii". . l!g.lall.....
Is. TII. mlRlmYM dlml.,silNlllhll .!,pl}' allle\ fllFlk iFl J.9.1.'.' .,.
~llIellr Ilflds.aplng anI! tlllt 1.11 r'I,(u.,illl h'''Pf' IlIte AllAR IhHtlttiw
. '8elallllA !,ranl"" e r.el\lllr'tlll11klIRlIlIIn Jah~Fu'f1 IS _nil sh811 i8lRp~ VilNlI
!Iris" Iset=hllllh!
iii, ~re.tl!1iI f1fetlIF'l! elill'lptlllllll1MI~ III gFallt'ldJ
i, .'Aten e Gletll If'oFech,.l plf'ff111 nilw.IFe' ef'I!IIli8R E1rflatl,e h.hhllalHiter-=Rte
~l'85CI.....a,".&ll"ll} fLtWHHBrp'l'le.rlh'Rlllle Igl!IBliaRrellllirll''''IRI
.heR "Flllr .5 lire ,.IIRllI" 1111 all thue 11Nlll\yshtg Ih. ..................h ",O..",~'tJ
~~~I1eIHR~I~8.regll,lIlmllrlkI!5il!t!urtll!-jM'Djevh
iI,' ReR IJI'l&lllsalB18darlas (6rll!5S1kilftl~ Bare.IA all!!) ahllll I .eglltltiaR IlIillan
~~e~1t8rRali'II"lglltalle"'l!JyhIlIRRR.Rlt81.~
Plge 140 or 174
Words 5:tl1llll' dueugn arc deleted, words underlined ate added
1A
MeFe n I~., IJJlUU"""1!I Mlf It~ IJllIRlutl .11.........~"*'.lR& tlo\ll .1'illf'itt-lld-fttflh
in C ., '" .~.n~MItI-Uaeenll"'l'tIRK RIM-w~..am.I8tt..fII!tIH"
IihHlfI-etlnli#I"'~tHlHkI.hw,,"l-I'PClfW'llftr-1:a'Is-w.,1pa.lIlIHmt)'-I>>~~IIIIkI,
f"'.lIrd_.~he-sli!lI'~klt-~ue-.
iii.Wh"lHll'HI~h~H&"'''IV~lIIIAtUtHtlH'''f1eBled T" 10001)l-whh-eltlitaIOf')'
iwllltllofllld ..rtl)-lftttl..htht"Ulh._nttW~ll~m'jt"f"x ~U__~tll~-SI.I~IWt."WIl
mill' I~ illlllMChtd IlIh.l CrdHll!lJ..thwwhl!r~lll",ul".
..J.: Rr'tlff/l"tf~flfutlM 'f .'~_..W't'~U""""'I!'''''! &If'l'''IttNi...kHII.....IIW-IHIHniMlIIIH~lhlll
htItbtI'*-livm-lh...b~r In~ IUJlVf'~eeullSl..,..'ll'lllRtIFfl!ll...nd...,,-etltt!ll-fi\l.\t1ll!l'tIliulb
1I11111l"11I...lHHItifthIILUlw.o-IOuHd.n.~h~..b.unda.,...t:.n)'1WtHJ'l'VC'\...:r.IIt!',,""""11 bit 110
IktHlheRUieltf-wkhiR Ihl JiNI lo..fH\-ldJHltMI 18 IlR~ Plll....r .. mthtll~~1tHU1M1H
Ilml"*-'wtlJ..nul....Btly~~'....-fhH~-Ik.I-pPefH!MlrfI-:h-l:f.P..II.,....ItHI..,~M...lkI..{II-lhl
,.IM...ltd.wiIIHn-IO..fttIH-UI"-II~II"I.lld'PMIIWHIl1o-n1.)'...1tN_bHpPIVYttd-lu--l1t',,'1Keert.l...ilhlll-J II
(~......(. tt'~.~anJ...,NlihIl'Y"dllll.."tI>>-iH~tUl.b~denhl'IIlINhhHhKI-IJ..wm'mnO('lIJ;tta.lwl)'.11II1,,.III-(h"1
u."llltllu.1
1r.-.1t't'I/,..it"f'oAW"i~r!~i~fH"JM"""r'I"'ltl~H._l-WlttC~"IWlltt'UYIIIHtld
mwinl"llllll~l"t~ll-M.tllil'l!-lhltl""'I~"...J.1t"Olk.'54Jf'oNm8Yt!d..frtlRl'aJI'.pI'IdIIlI'YVI'"~f=lhf
Ilx'lliclI.wflhilt-l]'I!.Iim-'U-rcdt-ttJ:..lhHulllr"lld&~ ehYI.~'PNIIItf'YHI\IIII.bl!o.,.h)'licmll)-ftl"ltyw.
ur-lhv--tr~1lI IoiftWl1.flJ-"fIkIlHIlld-4hl!- $Illmp-liNIIIaJ-.w.iIh+-YJr;,...liHy!,enMHIl"Il.I.4IRHlftJl,luQ
^l""C~Rp""i)Y~ -l.."..ioltk....II.....-YilluIlHrBoHyIHlppUllld.......JtHot..wUhln .U"t..lntt!l'iul'-IJ(',hll
pNllet'Y.!-fn1t)'-'-Hp"~~IlHI.{n-pI.nri~ttwI1H..vtJ.lh."pllfllluRkvl"OYIII mighl
ca1l5.,.lllur....lItIl\Ill~lHhv-tlall~.yIllIlIHlio".iMh..,,""lWfY.,_~tlIn_pmhlblled.etKlft.-yt!8u114llnn
IrHmUY1tll:-bll...lht-ba~.fh~..I..iun-NlntlliI1S;-1I~h.ll-.......lHit'"-wf~n-t.,..sr
hn...jrutlmI!MBI-Pt...IlIl..18H-AgIH'l0)l0e,.,.~-ilflle-kJ~nd-e--Ylyl:tal-li..lHtMly\Hlhlll~~Pfllill...
I~Oliet-Wi",11l4t-i1l~~"'1! f1'IISlr Hn.,...-..."'.....etH~lIIfl..............,kl~j:.ll-t1l
~~1I!I'ltHIW".fhlll-p~ea........."'8 1ll11lghl eaU'~H"Hf""u-lfllt-ftl~.lIlktl'l-ift..lltl!
11fIf"'rYl!r--Wh"l1-1":uhlblhKl.-t);'OIicr-y~li!IMltIfl-i'-HnluwUr-blll-lhll' bllH-Ur...hl!""'~llIlllln
n!1II11i115: III.,. bulolHillldl~ -trlHu.,d-willl.....ll.lJ.&,....UIlYll'l.lhllll!nk4I-~l~tllUlittn-Ag.,Jllfrlll""l\JYltJ
1hrI'b1l.:1"'1Hl1l""*....I~..Mk...L~)"tHllll!.ll-&HppJMb.....A.,_h!tttI"l!...,.IfI-Cffit.JJ.he..itfl1tll!tMliHlILod.ttl1
~y..W.;il;...I+fl....in"',fMMN'-"lu~lIoHttl). \ -hln r..,ulNd III eA'JIII' Ill) 'il.II4tl8~1ia.o.
.....!lhaIHlt!!HH'i~.....llIIi'lll.. lB pr""'!R"'Hffl..y.e,len-h)'1tNkl&il<<HHetl~.1811l:tn-er
Ihw-&ik'-in~(wl" "J:h-t !lIIII &rl.l~ppll'fl...ed prls, t&-&hHS5UtMIu.-oHt~-AIUIJ..fttat1
t.Ilt...l!-lnpmetl~
& Ii ';.P ,"h."s.-AftJtlitsdsn, rar 1l.......1MAHt~llh8riiIRg site ImpI'IWeIHl!nWr-i,1!1,.-11I1
&Qf1.0l'-ioOJl.aftfJ-eR.-tl....&il ~' IISf oa~PrtkHI-ft...5..ItIlt.JHw.qmj.4H1lWtJofi'lImU'III11.pPhIF
Io-Jtttw...-I~OOJ au RUf M11.h'C'd-t~Ilt,,~ llh Ih! Rtl'W-f'fgtt"'ii."s-in-5e.llon-.,1.4l~.S,jh
"iHtIJhJtkHl--Jl/ll~gO;'.
3.9.9. IUmUlIlEMF.NT FOR REMOVAL OF PROHIBITED EXOTIC VF.GF.TA1'ION
J&'1.LJ:i~
A. Prnhlbhed I!xDlic Yelfel_don removal and melhorl!l of relno\lnJ ,hall be conducted in
D~Ofdllncc \Vllh Ihl! s~cmc nm...lslon.l ofcJtl::h local develoDmenl order
B Nelive vClfclllllDn sunil he orolet:ted durllll! Ihe Droccss orremo\linl! brQhfbltcd exotic
VCl!t'lIltinn In m:etlrd wllh Ihl: nrovldnnc ofSc~llnn] 9.8 I
C. Prohlbllcd elt.Dtic VCl!L'iollnn shall be Jelnl)vcd fmm lilt! folluwlnl' loenllul1s !lod willllp
Ihe rollowinu I{mcrrames:
I. Fmm III rlph~f~WBY ~bmmm IIrM I",en nOI DrDDosed for develoom~nr and
en!tments orlor 10 Drellmlnlrv l~eeDtanco of etch Dlntse oflhe reaulremenl subdi;bdOll
imDroveml!nll,
2. From each nhlse orll site dcveloDmenl nhm Drlar to lhe l!lsullnCf! Drib! cenlncDle of
OCCUD.IInev for IMl chll!!
3. From 111110" eourse fi.lrwBYI rotJldK Bnd adllcp.nt ODen t1n11ll/!/nAtu~:n!:rve Irell
Drlor 10 Ihl! Ism.nee Dr I certJncale Dr OCCtJD1nc:v for the OBI oennilled sl L
Du~laled with the "nlrrrqur:Ie fDcllltv
41. From OroDSrtY DrDDDSIm! anv enlaMl'mnent ore:rll!fnp Interior "oar I08ee OIIvtW
narkln, _nIL or Suhlblntl.1 alhllmomvemonl Mar 10 Ihl! hlu.nell! or I r;"fle:!le ~r
oeCIIDBhev,
D. In the CRle orlhl'! discontinuance of u.se or oc:euDDllon or I~:r w~::r :I~,:l~~ fbl'
II nerloo or90 eooW!cull\lfl. r1l11\IC or mttn! Dl'Dnmt\I a",,"cn: .sholl orlo~ .IU II '0 I ) lIuch
'and [lr wutor Dr dntelllfU. ennfomllo Iho rttlmlullDft!l suuelnl!d hv ;hi~ ;l!l';I:lR,
Palt 141 of 174
Word. "FUel- Illf811gh arc ddk:tcd, wurds undorlfn~ Pn! added
1~
1A
DRDINANCE NO'. 03-21
"
AN DRDINANCE 0'11' THE BDARD 0'11' CDUNTY CDMMISSIDNE
CDLLlER COUNTY, FLDRIOA, AMENOING DRDlNANCE NUMBER
91-101, AS AMENDED, THE CDLLIER CO'UNTY LAND
DEVELOPMENT CDDE, WHICH INCLUDES TliE COMPREHENSIVE
REGULATlDNS FDR THE tlNINCOBPORATED AREA 0'11' COLL1ER
COUNTI', FLDRlDA, BY PRDVIDING FDRt SECl'ION DNE,
RECITALS; SECTIDN TWO', FINDINGS Dll' FACT; SECTIDN THREE,
ADDPTION 0'11' AMENDMENTS TO' THE LAND DEVELOPMENT
CDDE, MDRE SPECIFICALLY AMENDING THE FDLLOWING:
ARTICLE I, DlVISIDN 1.8, NO'NCDNFO'RMITlES! DIVISIDN 1.18,
LAWS INCO'BPDRATED BY RE1l'ERENCE; ARTICLE 1, DIVISIDN~.
ZONING DISTRICTS, PERMIITED USES, CDNDmaNAL USES,
INCLUDING REVISIONS TO THE RURAL AGRICULTURAL, ESTATES
AND RESIDENTIAL ZDNING DISTIUCTS LIST O'F l',ERMllTED AND
CDNDIT1DNAL USES, INCLUDING REVIS]DNS TO' THE SANTA
BARBARA DVERLAY DISTRICT RELATED TO SIDEWALKS,
INCLUDING R,EYISIDNS AND ADDlTlO'NS TO' TIn: BAYSHDRE
MIXED USE DVERLAY DISTRICT, mCLUDING CREATIO'N aF A
STEWARDSHIP DVERLAY DISTRICT AND DESIGNATIDN
PRO'CEDURES FOR STEWARDSIlIP SENDING AND RECEIVING
AREAS; DIVIS]DN 2.3, DFF-STREET PARKING AND LOADING;
DlVISIDN 2.4, LANDSCAPING AND BUFFERING; DIVISIDN 1.5,
SIGNS, TO' REVISE PRDVISIO'NS RELATED TO' ILLUMINATED
SIGNS; DlVISIDN 2.6 SUPPLEMENTAL DISTRICT REGULATlO'NS!
D]V1SIDN 1.7, ZDNING ADMIN]STRATlO'N AND PRDCEDURES!
ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISIaN 3.3, SITE
DEVELOPMENT PLANS; DIVISION 3.5, EXCA V A TlaN; DIVISIDN 3.9,
VEGETATlaN REMO'VAL, PROTECTION AND PRESERVATION!
DlVlSIO'N 3.14, VEII1CLE 0'1'1 TilE BEACH REGULATIO'NS; ARTICLE
5, DlVISIDN 5.4, BUILDING BOARO 0'11' ADJUSTMENTS & APPEALS;
AND ARTICLE 6, DIVISIDN 6.3, DEFINITIONS; SECl'ION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION ]1'1
THE CDLLIER COUNTY LAND DEVELDPMENT CODE; AND
SECTlaN SIX, EFFECTIVE DATE.
WHEREAS. on Oclober 30. 1991, the Collier County Board of County Commlssionen adopted
Ordinance No. 91-102, the Collier County Land Dev~lopment Code (hereinafter LOC). whicb has been
subsequently B.mcnded~ and
WHEREAS. lhe LDC may not be amended more than two times in each calendar year unless
\
""ditlonal amendmem cycles are spproved by the Collier County Board of County Commissioner.
pursuanl to Section 1.19.1., LOC; and
WHEREAS, this is the fint amendment to the LOC, Ordinance 9]-]02, for the calendar year 2003;
5):':'1 .....,
~ ~M g
r-:' """"
WHEREAS. on March 18, 1997, th. Board of County Commissioners adopt.iii~R.0i'ii!J7-]77
. --- ~..
......... N-
establishing local requiremenu and procedure! for amending the LDC; and ~~r: en ;-
mo'
WHEREAS. all requirements of Resolution 97-177 have been met; and ~~::g!!!
. ~~ ~ ~
WHEREAS, the Board of County Commissioners, in a manner prescribed by Je~id-hold advortised
,./il' Ul
public hearings on May 21,2003, and June 16, 2003.. and did take action concerning these amendments
to tho LDCi and
'lA
FiS....e.3.5.1U.2
",-,
--'" \
I
I
----_/
IJllIt"" We.
---- .........dltIDn
for.-ndnu.... thot ...dlfY the IUl'lttbl. IakI 01'''
bvllddl"t_MIIt-._lyh nlW"..-thnoftk.1aU
.r..a... u..d,.. uIcalllt. tM L5PA..... using .h.
......................t..f J.lUlJ.l.
---
"
-, /
"- /
---
C~"""lIM
---- ......,..CI...~lInt
for__nt...hatlllOdlfythcIJIlatlngrfterc"*
by ,...1It1l" tt. to psrant, tn. t.tallah_ or...
ahaIIba. Vlcd to WcuJa.. till L5PA _II usl.ng thl
ptrrclPrl..........t'8lllMh.fl.&.lI.1.1.
See. 3.5.H U. Appeal..
.
.
.
.
.
.
.
Sec. 3.5.-13 13. Peoalties and enforcement.
.
.
.
.
.
.
.
Se.. 3.5.U 1.4. Sever.bUlIy.
.
.
.
.
.
.
.
See. 3.S.U ll- Compliance with state and federal permits.
,
SUBSECDON3.L AMENDMENTS TO DMSION 3.9., VEGETATION REMOVAL,
PROTECTION AND PRESERVATION
Division 3.9., Vegetation Removal. of Ordinance 91-102, a. amended, the Collier County Land
Development Code, is hereby amended to rea.d as ronaws:
DMSION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION
Sec. 3,'.5. VecetatioD remOVAl, protection and prescn'atlon standards.
.
.
.
.
.
.
3.9..5.5.6 Native Pr~ criteria
. .
Page Q) Dr 70
Words 5CRt~ arc dclcLCd. ward. underlined arc added
'1A
Page I of2
Munoz, Silvia
Jm: Tom Henning [henning.tom@gmail.com]
Sent: Monday, February 11. 2008 7:26 AM
To: tuckersam
Subject: FW: History of single family residence exemption
Attachments: Ord 03-27.pdf; Ord 04-08.pdf
From: Clay C. Brooker [mailtD:ccbrooker@napleslaw.com]
Sent: Monday, December 10, 2007 6:01 PM
To: 'Tom Henning'
Subject: RE: History of single family residence exemption
Commissioner,
Here's what I've found regarding the history of the exemption:
1, In 2003. the BCC adopted Ord. 03-27, a copy of the pertinent parts of which is attached. For the first time, the 25-
foot preserve setback appears In the "native preserve" section of the lOC (in addition to the subdivision section). See
section 3.9.5.5.6.5. The single family home exemption does not yet exist (but see section 3.9.5,5,6.6).
2. In 2004, the BCC adopted Ord. 04-08, a copy of the pertinent parts of which is attached. This ordinance completely
reworked Division 3.9 of the LDC, which addresses "vegetation removal, protection and preservation." The 25-foot
preserve setback provision is moved to section 3,9,7,3.A (i.e., part of section 3.9.7). For the first time, the fol/owing
two sentences appear:
a. "Single family residences are exempt from the requirements of Section 3.9.7." See section 3.9.4.1.B.
b, "Single family residences are subject only to the applicable vegetation retention standards found in 3,9.4," See
section 3.9.7.4.A.
3. Later in 2004, the LDC was recodified entirely (to the UDC). The two sentences above appear nearly identical in the
recodifed UDC at sections 3.05,07.A.2 and 3.05,07,H.4.a.
Since the exemption language first appeared through Ord. 04-08, the public hearings for that ordinance may shed some light.
Based on my research, Ord. 04-08 was adopted after the following public hearing schedule:
CCPC
CCPC
CCPC
CCPC
CCPC
CCPC
BCC
Bce
Bce
BCC
Oel 22, 2003 (primarily discussed Vand Bch Overlay)
Nov 12, 2003 (primarily discussed Rural Fringe and RLSA)
Nov 13, 2003 (discussion of Vand Bch Overlay, boat houses, coastal construelion setback, etc.)
Nov 20, 2003 (continuation of rural fringe)
Nov 24,2003 (discussed VEGETATION REMOVAL.....)
Dee 4,2003 (moratorium on bldg height)
Dec 10, 2003 (discussed Vand Bch Overlay only)
Jan 7, 2004 (continuation ofVand Bch Overlay and then other LDC amndmnts)
Jan 29, 2004 (brief mention ofthe "vegetation" section - no relevant discussion on exemption language)
Feb 11, 2004 (coastal construelion, rural fringe, etc.)
f 3rooker
(,.. ",rfy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
2/11 1200R
JA Page 2 of2
Naples, Florida 34102
Telephone: (239) 261-9300
F"-"imile: (239) 643-3556
Trlls e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s} and may contain informetion that
is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for
you), please notify the sender by retum e-mail or by telephoning us (col/ecl) at 239/261-9300 and delete this message
Immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or
copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author
and do not necesserily represent those of the law firm.
From: Tom Henning [mailto:henning.tom@gmail.com]
Sent: Saturday, December 06, 2007 4:56 PM
To: Clay C. Brooker
Subject:
I want to continue the report on Olde Cypress to next year. Monday I have meeting all day. Call me this weekend or lunch on
monday
NOT PRINTED OR MAILED AT GOVERNMENT EXPENSE
POLITICAL ADVERTISEMENT, PAID FOR AND APPROVED BY TOM HENNING
REPUBLICAN FOR COUNTY COMMISSIONER, DISTRICT 3
2/11/2008
1A
Page I of!
Munoz, Silvia
From: Tom Henning [hennlng.lom@gmal/,com]
Sent: Monday, Flijruary 11,20087:26 AM
To: tuckersam
Subject: FW: Proposed mtg.wlTom Henning
From: Tom Henning [mallto:henning.tom@gman.com]
Sent: Sunday, December 16, 2007 6:09 PM
To: 'Diane Ebert'
Subject: RE: Proposed mtg.w[Tom Henning
Diane, This ;s a Mudd Issue. If I was to demand an employee be reprimanded for an action it would violate the county manager's
ordinance. The Commissions have a workshop January 8th. Mr. Mayberry will be disappointed if I come out there and tell him
there Is 1I1l1e that I can do. I will get as much info as possible to you before you leave for Christmas
From: Diane Ebert [mailto:jodlebert@comcast.net]
Sent: Sunday, December 16, 2007 4:47 PM
To: Tom Henning
Subject: FW: Proposed mtg.w[Tom Henning
From: mayberrygene@alm.com [mailto:mayberrygene@aim.com]
Sent: Sunday, December 16, 2007 12:06 PM
To: jodlebert@comcast.net
Subject: Proposed mtg.w[Tom Henning
Dear Diane, Confirming our recent conversation, it is suggested a meeting with Tom Henning and interested Olde
Cypress neighbors be held on Tuesday, January 8, 2008. Issues to be addressed are as follows; 1.) I was repeatedly
assured by John Houldsworth that a clearing permit for the Vita Tuscana PUD would not be issued until there was
substantive support that the developer was prepared to move forward to the next phase of the project within thirty to
sixty days. Please provide the data that supported the clearing permit. 2.) The developer (Empire Builders) then
proceeded to excavate and fill. After the land had been considerably disfigured the County apparently stopped further
alteration of the landscape, and we now have a very unsightly mess, which is an understatement. These two actions, I
believe, proceeded in violation of the County's policies/procedures governing this type of development. I would like
the names of the individuals that have caused this damage and the disciplinary action that has been taken. Additionally,
we would like to know the remedial action that has been taken against Empire Builders and Stock Development. Stock
Development has been a partner with Empire Builders by virtue of granting Empire Builders access to this land and
providing OJde Cypress community privileges, and they have a responsibili~ in this "mess." As a separate note, in
respect to Stock's sale of Olde Cypress, we need to know the dollar value inclflded in the sell price to cover liabilities
for closure of the Olde Cypress PUD. It would seem prudent to engage our attorney to protect our substantial vested
interest. Gene
A:ore new features than ever. Check o;"t the new AIM(R) Mail!
2/11/2008
fA
Grider Residence
Page 1 of6
Munoz, Silvia
From: Tom Henning [henning.tom@gmail.com)
Sent: Monday, February 11, 2008 7:26 AM
To: tuckersam
Subject: FW: Grider Residence
From: Diane Ebert [mailtc:jodlebert@comcast.net]
Sent: Monday, December 17, 20079:06 AM
To: Tom Henning
Subject: FW: Grider Residence
From: lstenes5usan
Sent: Monday, November 26, 2007 3:02 PM
To: gochenaucr
Subject: FW: Grider Residence
FYI.
From: SchmlttJoseph
Sent: Monday, November 26,20072:58 PM
To: IstenesSusan
ee: lorenz_w
SUbject: RE: Grider Residence
See below,
Ju
Joseph K Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595.9751
"Balancing the demands of growth and the demands of the community"
From: IstenesSusan
Sent: Monday, November 26, 2007 1:07 PM
To: SchmittJoseph
Cc: lorenz_w
Subject: RE: Grider Residence
Mr. Dunkelburger called me this morning for the first time. I returned his call around 12:45 today. He indicated he has been
calling someone's cell phone and leaving messages prior to the holiday. I'm not sure whose phone he was referring to. Anyway,
we spoke and he is going to call me back this week and schedule a meeting for Friday where I will sit down with him and go over
2/1112008
1A
Grider Residence
Page 2 of6
.,is application. If he doesn't call me by Thursday afternoon I will cal/ him back.
Would you like me to pursue the possibility you note below regarding common practice of simply applying the PUD language
unless the LDC required preserve setbacks were specifically referenced in the PUDs?
{Joe Schmitt] Yes - for now only to be prepared to answer If and when the question comes up.
I suspect we are going to find inconsistencies that might be difficult to explain but we can try. I can start by writing a letter to the
former employees Mulhere. Arnold and Nino and see what kind of response I get. It will take time and research.
{Joe Schmitt] Yes - send the lettar. Be Interesting to see the response.
In the meantime we can go ahead and process the admin variances we have as soon as we get the fee. Again, as you note, if
the BCC accepts that posfiion, then this will alleviate the Greider situation,
{Joe Schmitt] Concur- proceed with the admin variances.
Susan
From: SchmlttJoseph
Sent: Saturday, November 24, 2007 7:06 PM
To: mudd-l
Cc: ochsJ; IstenesSusan; lorenz_w
Subject: RE: Grider Residence
Jim
Responses below
Ju-
~ Joseph K. Schmitt
\dministrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: mudd.J
Sent: Saturday, November 24, 2007 10:42 AM
To: SchmlttJoseph
Cc: ochs_1
Subject: RE: Grider Residence
Joe,
Thanks for the update and I agree that your actions are on target.
Check the Old Cypress PUD section 3. Does it say that at the time of DO or permitting the LDC shall apply?
{Joe Schmitt] This is the section that I suspect that you believe may apply.
2/11/2008
IA
Grider Residence
Page 3 of6
3 .04 General Land Development Regalal:L:ms
The following are general provisions applicable to the PUD Mailter
Plan.
A. Regalat10nll for development of the OLllB CYl.>USS POD
trhall bs in IlCC!OL'daDca with the oontlll1tsot this
~_l:, the PUJ)-l'lanned Ui:lit Development DllItrlet and
otl14l" applicab>le e.et:10118 and parte of the COlller
Cowt:y Land DevelOl'll8Dt Code (we) and Growth
Management pia.. in e~f.ct at tbe tUne of uSUBnalt of
any 4rRlopaent cm.'ler to whioh said reguht.1.one relate
which aut:horbea the CODlltruotlCID of illlPZ'OVetlle%lte. The
Developer, his lJ\IClC8s_ or asei9l'lee, 119):'.. to follow
the PoD Master Plan and the regu1atiCIDs of this POl) a8
adopted and ;my othe1: coDditiOll.& or IIlOdifications as
may be agreed to in the =..=1n9 of the proparty. In
addition, any sueceal!ror in title or assignee is subj-ect:.
to the eomo;d!:llllmt.. within this agreement.
'C/
However, in this case the 25ftpreservesetbackwouldseemtoapply. Note that since 1991, the Collier County mc
required the developer to provide non-exclusive easements or tracts in favor of Collier County, withoat
maintenance obligation, for all protectedlpreserve areas required to be designated on the preliminary andfinal
subdivision plats. Any buildable lot or parcel subject to or abutting a protecled/preserve area required to be
designated on the preliminary andfUlal subdivision plats was required to have a minimum 25-100t setbackfrom the
boundary of such protected/preserve areas in which no principal structure may be constrlU:ted. TIle PUD is silent
with regards to setback from preserves so the WC as defined (25ft.) is applicable.
That said Susan and I have been discussing the fact that in the '90s when this PUDs was first written and
subsequently amended it may have been common practice to "assume" that the development standards as described
in the Table II of Section VII in the PUD were the prevailing standards and as such superseded any standards as
described in the LDC where the PUD was silent. If that were the case and if the Board accepts that notion the
development standards as described in the PUD would be deemed to prevail in every case. As such, then the single
family side yard setback would be 5 feet and the rear yard setback would be 20 feet. Understand that if that was an
acceptable practice there would be no violations for the Grider house as it was deemed to be a corner lot and within
standard and the Dunkelberger house would have only a 5.85 ft encroachment into the 20ft rear yard setback. I'd
have to check but it may even qualify as a side yard and as such only require a 5 ft. setback. Again, tltis is only a
thought. We have noting to legally substantiate that the development standards supersede the LDC for preserve
setbacks. We would have to corroborate by evaluating other PUDs for that time period and by interviewing former ../
employees who staffed and reviewed respective PUDs. If we take this approach it is certain 10 be challenged as it is
really tlte only "violation" with any real legal merit.
Dunkelberger built earlier than Grider so is there a difference between the old code and the new code on what we are NOVing
these folks for.
{Joe Schmitt] No - same code applies as described above
Notice on the NOVs that all the citation paragraphs are the same for both /'
{Joe Schmitt] Correct- the violations are the same. As noted above, the 25 ft. standard is as of 1991. Both properties
have the same violations.
Comm Henning tells me that Mrs. Dunkelberger has cancer and they go back to Germany from time to time for her mads" We
need to work with these folks and be cognizant of their predicament on future actions,
Next Mr. Dunkelberger has been calling to set up a pre-app meeong with no success, No one is retuming his calls. Please
rectify this situation.
{Joe Schmitt] I will contact him personally and we'll set up a meeting.
2/11/2008
'lA
Grider Residence
Page 4 of6
,hanks, Jim
From: SchmittJoseph
Sent: Wednesday, November 21, 2007 5:37 PM
To: mudd.J
Subject: FW: Grider Residence
See Bob's response below regarding the anchoring system, I sent an inspeelcr out there to verify that the anchoring was correct
and we noted that the anchors were not yet installed. My immediate response to Bob Is to explain how we did not deteelthis
during our inspection and prior to issuing the TCO. I am awaiting Bob's response, We will revise the TCO to note the anchoring
requirements.
J.oo
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell -- 595-9751
"Balancing the demands of growth and the demands of the community"
"rom: DunnBob
.ient: Wednesday, November 21, 2007 2:43 PM
To: SchmlttJoseph
Cc: harrison..Q
Subject: RE: Grider Residence
Joe,
We sent an inspeelor to the Grider residence and the required permanent anchors were not installed, On Tuesday 11/20 i meet
with the Contractor and the Architecrs representative to discuss the permanent anchoring installation requirements.
1, The contraelor advised he was not aware the FBC now requires permanently installed anchors.
2, The Archlteel's representative stated a wind-borne debris protection fastening schedule for the wood structural panels
will be submitted for the anchoring installation. Both agreed the installation will take place within the next few
weeks and they will schedule a building Inspection.
3, The Architect submitted the revision to delete the impael windows on 2/23/2007 with the substitution of
plywood y.<ithQut hard\l!?J~,?"Q~JiJJgJ}Qrs which was permilled in the 2004 FBC. When the question was asked do the
plywood panels meet the FBC, i responded with seelion 1609,1.4 Protection of Openings.( Exceptions) from
the 2006 FBC which was revised ~Yiring_tI1J!har~are and afl~oriogj~!aJl.g!i.QD. The revision to the FBC was
adopted on 12/8/2006 the Grider permit was issued on 10/19/2006 and permitted under the 2004 FBC. The Architecrs
plywood revision is dated 2/23/2007 my interpretation requiring anchoring is from the 2006 FBC adcpted '
revisions. Please advise if I should revise and include this stipulaticn in the TCO leller.
2/1112008
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Grider Residence
Page 5 of6
71i.anJl, rpm!
[/JoB.
Robert A. Dunn
Interim Building Director
Collier County Building Department
2800 N, Horseshoe Drive
Naples, Fl. 34104
Phone: 239-252-2442
Fax: 239-252-2906
From: Schmlttloseph
Sent: Monday, November 19, 2007 12:08 PM
To: DunnBob
Subject: FW: Grider Residence
Bob - see Jim's emai!. I assume that the anchors are in just like any other shutter system.
~
Joseph K. Schmitt
\dministrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: mudd.,j
Sent: Monday, November 19,2007 11:17 AM
To: SchmlttJoseph
Subject: RE: Grider Residence
Joe,
Does the structure have the anchoring hardware installed?
Jim
From: Schmlttloseph
Sent: Monday, November 19, 2007 7:38 AM
To: mudd.,j
Subject: FW: Grider Residence
Jim
You asked about the windows and storm shutters approved for 2949 Lone Pine Lane, Olde Cypress, Permit #: 2006063048. The
2/1112008
1A
Grider Residence
Page 6 of6
,Ians initially called for impact glass. A revision was submitted and approved by the building department to change from impact
lllass to regular windows, and protected by plywood shutters. I stand corrected regarding plywood shutters, as long as they are
installed In accordance with Sect. 1609.1.4 of the FBC 2004 w/2006 supplements, Protection of Openings, this is an allowable use
in 130 mph wind Icad areas and below. Olde Cypress is in the 130 mph wind load area.
Exceptions:
1. Wood stroctural panels with a minimum thickness of 7/16 inch (11.1 mm) and a maximum span of 8 feet (2438
mm) shall be permitted for opening protection in one- and two-story buildings. Panels shall be precut so that they shall
be attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be
predrilled as required for the anchorage method and all required hardware shall be provided. Attachment shall be
designed to resist the components and cladding loads determined in accordance with the provisions of Section
1609.6.1.2 , with permanent corrosion-resistant attachment hardware provided and anchors permanently installed on
the building. Attachment in accordance with Table 1609.1.4, with permanent corrosion-resistant attachment hardware
provided and anchors permanently installed on the building, is permitted for buildings with a mean roof height of 45
feet (13 716 mm) or less where wind speeds do not exceed 140 mjlh (63 mls)
Ju
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
2/1112008
1A
Page 1 of I
Munoz, Silvia
From: Tom Henning [henning.tom@gmall.com]
Sent: Monday, February 11, 2008 7:25 AM
To: tuckersam
Subject: FW: your clients
Attachments: HD Development.doc
From: Tom Henning [mallto:hennlng.tom@gmall.oam]
Sent: Saturday, December 22, 2007 7:53 AM
To: 'Anthony Pires'
Subject: your clients
Tony
You was involved in this PUD amendment, the ordinance may have not reflected the Boards wishes. The issue is landscape
buffer along Olde Cypress. See Halas and my comments before the final vole. Also see Staff's comments on lhe PPL.
\lVhat were the landscape buffer width along Treeline as you remember? Tom
COMMISSIONER HENNING: Ten to 20 feet wide?
MR. BRYANT: That's correct. Up to 20, and we will do 20 along the
Nhole way that we have the ability to do it. We committed to 20 on Treeline,
and we'll do up to 20 along the remaining portion so long as we have the space.
COMMISSIONER HENNING: And that's part of the motion?
COMMISSIONER HALAS: No. That's part of the motion, what they
recommended before, yes.
PPL Landscape planner comment AR-7924
A. Site Plan refers to the original POO buffer widths and types for the northern POO boundary. Landscape Plan
correctly refers to the amended northern POO buffers. Please remove buffer type designations from Site Plan (buffers
may be listed as simple 10' L.B.E. or 15' L.B.E., for example) or correct buffer type designations on Site Plan.
2/11/2008
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Ordinance 2005-65: pUDA-2005- Spurgeon of Johnson
Engineering, Inc., Requesting an amendment
Spurgeon of Johnson Engineering, Inc., Requesting an
amendment to the HD Development PUD document and
Master Plan by revising the development standards in
Tracts 1 and 2 by: revising the minimum single-family lot
areas from 12,000 square feet and 6,000 square feet to
9,000 square feet; revising the minimum interior lot widths
from 85 feet and 55 feet to 60 feet; revising the minimum
comer lot widths from 95 feet and 65 feet to 65 feet; the
Project ownership; removing attached and zero-lot line
dwelling units as permitted uses; and, adding additional
landscape requirements along the northern PUD boundary.
The subject property is Approximately 46.64 acres located
east of Olde Cypress Boulevard, between Immokalee Road
(CR 846) and Treeline Drive, in Section 21, Township 48
South. Range 26 East - Adopted w/stipulations
MR. MUDD: Commissioner, this brings us to item 8F.
This item requires that all participants be sworn in and ex
parte disclosure be provided by commission members.
It's PUDA2205AR7557, Empire Developers Group,
LLC, represented by Laura Spurgeon of Johnson
Engineering, Inc., requesting an amendment to the HD
development PUD document and master plan by revising
the development standards in tract one and two by revising
the minimum singlefamily lot area from 12 thou from
12,000 square feet and 6,000 square feet to 9,000 square
feet; revising the minimum interior lot widths from 85 feet
"_._-_.......'.;~~,_.,,..,,_.. --..._._-"'_._---_...._-~
and 55 feet to 60 feet; revising the minimum comer lot
width from 95 feet and 65 feet to 65 feet; the project
ownership re and the project ownership; and removing
attached in zero lot line dwelling units as permitted uses;
and adding additional landscape requirements along the
northern PUD boundary.
The subject property is approximately 46.64 acres
located east of Olde Cypress Boulevard between
Immokalee Road, County Road 846, and Treeline Drive in
Seetion 21, Township 48 south, Range 26 east.
CHAIRMAN COYLE: Okay. All those who intend to
provide testimony in this hearing, please stand to be sworn
m.
(The speakers were duly sworn.)
CHAIRMAN COYLE: Okay. Commissioner Halas,
it's your turn.
COMMISSIONER HALAS: Oh, great. I had two
meetings with both the attorney and the developer on this
issue, and I also talked with staff on this.
COMMISSIONER COLETTA: I'm sorry. We're
dealing with 8F here.
COMMISSIONER HALAS: That's correct, sir.
COMMISSIONER COLETTA: I don't even show it on
my schedule. All I can say is no disclosures. I go from E to
G.
CHAIRMAN COYLE: Okay. Mr. Hoover, did I did
we meet on this particular item?
COMMISSIONER COLETTA: Did I meet with you,
sir?
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MR. BRYANT: Yes, sir. It's David Bryant, for the
record, Commissioner Coletta. We met, and you were kind
enough to give us some of your time, as was Commissioner
Coyle.
COMMISSIONER COLETTA: Okay. Then I add that
to there, and I apologize for the lack of that on my
disclosure list.
CHAIRMAN COYLE: It wasn't on my schedule, but I
remember we did meet.
COMMISSIONER COLETTA: And Tony Pires, too.
COMMISSIONER FIALA: And Tony Pires, too.
CHAIRMAN COYLE: Yeah. Okay. Commissioner so
it's clear, we did meet and we talked about this project.
And Commissioner Fiala?
COMMISSIONER FIALA: Yes. I met with the
developer and with the attorney and with Tony, and with
staff, and also I've received emails.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I met with big boy
Bryant, and
MR. BRYANT: That's a compliment, I assume.
COMMISSIONER HENNING: received an email
from the clerk's attorney, and received some ernails from
some residents.
CHAIRMAN COYLE: Okay. Very well. Mr. Bryant,
we're ready.
COMMISSIONER HALAS: I also received some e-
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mail from the residents too, so I want to put that on the
record. I forgot about that.
COMMISSIONER COLETTA: And if! may, I hate to
come back on this, but they've got the alphabet going E, G,
and F, so I did fmd it, and also received some emails.
CHAIRMAN COYLE: Okay. Mr. Bryant, we're ready
for you to go now.
MR. BRYANT: Thank you; Mr. Chairman,.
Commissioners. It's a pleasure being here with you this
afternoon.
As you remember from our discussions early on earlier
this year about this matter and also our discussions, you
were kind enough to give us time to present our project to
you. This is a situation or this is a project out on Olde
Cypress, and you'll see on the visualizer where it's located.
It's on the south side of Olde Cypress, and it's accessed
through Treeline Drive, and it is the project on the very
south end that also abuts the canal and the preserve area
that drops into the canal on Immokalee Road.
This is a project that is novel to this commission and to
this community, I would submit to you, because we are not
asking for any density bonuses, we're not asking for any
increase in density. What we're doing is decreasing
density.
We have an approved PUD, one that was approved in
2003, which provides this developer the ability to go out
and build the project as it has been approved.
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The developer believes that by changing and amending
the PUD, which only opens up certain matters which the
executive summary points out and I would point out to you
that staffhas recommended approval of this particular
petition and also had recommended approval at the
planning commission.
We believe that this particular product with this
particular size lot is more amenable to the community, it's
more attractive, and it's a better product for this particular
site.
We are only requesting to build 71 units. We have a
small out parcel down which would be on your righthand
corner. That is also a parcel that is not part though of this
particular amendment at this time.
We have some residential that could be approved there,
but there's no desire to do residential in that area so that
only we're asking for this particular amendment is 71 units
for the particular subject site.
We do intend to come back to you at a later time and
request commercial for that lower righthandcorner parcel
because Empire would like to build a very impressive, very
nice corporate headquarters there, and this is adjacent to
some intense commercial development, which we believe it
would be compatible for that particular site.
We have one issue before or one major issue before the
planning board that I think spilled into other areas which
caused the planning board to look at issues that did not
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seem appropriate, and staff your staff found that those
issues brought up by the planning board were not really
appropriate for this matter and disagreed with it.
I think one of the issues that really we did not look at
and we didn't believe we had to because of the fact that this
is an amendment to an existing PUD, was affordable
housing. And I was very pleased that Marjorie Student,
who's not here now, made a comment early on when
Commissioner Coletta asked about affordable housing
contributions to an amended PUD, and Ms. Student said
. that that should not be opened up. That was not something
that should be considered because this is an amendment,
not a new issue.
However, notwithstanding that appears to be the opinion
of the county attorney as voiced by Ms. Student at this
hearing and on the record, my client is more than happy to
make a contribution believing that affordable housing is
very important to this community.
The president of Empire has two sons. He wants to
come back here and live here. He wants them to be able to
afford to live here.
Mr. Slavage (phonetic), who is the past president of the
Florida Home Builders and the Collier Building
Association worked very diligently to bring more funds
into affordable housing and create more avenues for
affordable housing, both through the Sadowski Act and
other areas.
'1/\
And it's a very dear thing to him, and he took it very
personal when he, in essence, got beat up because we had
not looked at that issue mainly because we believe that that
was the opinion of the county attorney's office that no
affordable housing matter was required for an amendment
to a PUD.
But notwithstanding, we are going to tell the board right
now that we are going to make a commitment to offer
$1,000 per door as the closings take place for affordable
housing to boost that trust fund, and hopefully build more
money for it.
The main issue that has occurred from the beginning
and it has escalated at this point is the buffering along the
area that adjoins the existing hous~g and our new
development. The homeowners along the northern side,
along this area right here, have requested certain buffering.
We're required to do an intense buffer along Treeline
because it's a rightofway. We're going to do a D buffer
there of 20 feet.
The homeowners wanted another 20 feet required along
the entire northern boundary. We're constrained because
there's a golf course or golf cart path along that north side.
We want to do as much as we can.
We had told them we'd do a minimum of 10 but we
would do up to 20 if we had the space to do that. Because
as I said, we're restrained by not only drainage issues
because we were going to do a mounding and a berm and
make it very tastefully and architecturally consistent with
the community.
And Mr. Slavage has told the homeowners that he's
more than glad to give them up to 20 feet ifhe can do it
with the footprint he's got.
The homeowners wanted to adjust the layout of the lake
to try to pick up some additional space. We don't believe,
due to the hydrology issues and quality and quantity of
cleanup that the lake is required to maintain, that's possible,
with also our lake easement.
So the real issue and we're really sorry that we have not
been able to resolve this with the homeowners. They have
been diligent in their position. We believe we've been very
diligent in our position.
We have had many discussions with them. We've talked
to them a lot about this. We have tried to work within the
constraints of the particular site. But now, just as of Friday,
that we learned that the homeowners wanted a class C
buffer along that particular entire northern boundary as
opposed to a D that we had committed to do along the
entire section.
As I know this board is well aware, a C buffer is
typically between two totally incompatible land uses, such
as residential and, let's see, an industrial park, which would
be appropriate for a class C.
We do not believe that you build walls between
residential communities. We don't think it's aesthetically
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pleasing, we don't think it is appropriate, and we have made
the decision that that, in our opinion, is not appropriate for
this particular site, that it will not enhance the aestheticness
of the site, and it won't improve the view of all of the
people there.
We believe that it's an ideal project, that the reduction in
density will reduce transportation impacts on the
community and be an asset to not only Olde Cypress, but to
Collier County.
And with that, if you have any questions, we're more
than willing to answer them. Ms. Spurgeon is here, Mr.
Slavage is here to respond.
CHAIRMAN COYLE: Before I call on Commissioner
Halas, Commissioner Fiala has a correction to make to her
ex parte disclosure.
COMMISSIONER FIALA: Yes. I also met with some
homeowners. Thank you.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: David, just to clarify that
tract number three is not going to be residential, but
eventually it's going to be commercial; is that correct?
MR. BRYANT: That's correct, Commissioner Halas.
That's our total request. .We have not abandoned any
residential there because we feel that we might be able to
get four units on it if this board decided that commercial
was not appropriate.
.....~...,..,.--....."~.,_.~~,,,._,_..._-_._~----~....,.._----
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We believe it is appropriate and we believe your staff
would recommend commercial for that site because of
where it is and what it's located adjacent to and around it.
Realistically, who would want to live next to a Jiffy
Lube and a, you know, some type of service station? We
just don't think that's where people want to live. But you're
correct, Commissioner Halas, we want the 71 units on the
subject site and we want commercial on that particular
because we believe in a planning sense that's totally
appropriate for it.
COMMISSIONER HALAS: Thank you very much.
MR. BRYANT: Thank you, sir.
CHAIRMAN COYLE: Thank you.
Staff, do you have a presentation that you think is
important to us?
MS. WILLIAMS: Just a short explanation. For the
record, Heidi Williams with zoning and land development
reVIew.
The information I handed out is additional
correspondence. It was received after the agenda item was
closed. And possibly to clarify, I'd really like to make sure
that you understand, tract three is not a part of this
amendment.
Right now we would still allow multifamily
development on tract three. A future amendment is what is
intended for that commercial. But everything else should
be contained in the executive summary, unless you have
some questions that I could answer.
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CHAIRMAN COYLE: Okay. We have
MS. FILSON: We have five speakers.
CHAIRMAN COYLE: Five speakers, okay. Let's hear
from the public speakers.
MS. FILSON: Anthony Pires. He'll be followed by
Leland Berry.
MR. PIRES: Mr. Chairman, members of the board.
Good afternoon, or good evening. Anthony Pires, for the
record, representing a number of property owners within
the Olde Cypress PUD and existing established residential
community of million dollar plus homes located north of
and adjacent to this particular property.
I guess for clarification purposes, I think it's important
to note that this application does not decrease the density.
The existing PUD provides for 104 units in section 3.2.
The proposed amendment does not change section 3.2.
There are 104 units that can be built in this particular
project.
The additional 33 units we have 71 units that are part of
this particular tract that's involved in this application where
the developer proposes to basically provide for an increase
of 62 percent ofthe number of units along the northern
property line.
Doing the math, at 85 foot wide minimum lots,
approximately 15 singlefamily homesites could be provided
along the northern boundary of this property as it exists
today. The concept plan calls for 24.
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That becomes the concern of compatibility for the
established Olde Cypress singlefamily home community to
the north, and I'll have aerial photographs to show the
location of that relative to his particular property.
Of other interest is the fact that Mr. Bryant said all the
property owners involved in this PUD, that's part of the
PUD is to change, reflect their current owner. That piece in
the bottom righthand corner is not owned by Empire
Builders, who's the applicant. That piece is owned, based
upon my review of the property appraiser's materials and I
provided this to the county staff is owned by Amy and
Richard Melson, and here's the property appraiser's
information as retrieved by me on 11/11/05.
Thank you. The visualizer turned upsidedown on me.
So I just want to correct two things for the record. I believe
it's important to have accurate facts when you all are
deliberating these kind of things.
There's no reduction of density, and not all ofthe
property owners who own property within this PUD are
here today or part of this application. So I don't know what
representations can be made about the property in the lower
righthand corner. That's from November 11, 2005, as far as
the ownership issue.
With regards to the offer of affordable housing, the
additional $1,000 per unit, that's a notable gesture. I guess
for clarification purposes, is that on the 7l units or all 104
in this PUD? I think that's important for this board to
know.
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Additionally, that generosity we wish would extend to
the neighbors to the north. The generosity providing a 20-
foot minimum class type C buffer along the north would be
a generous offer to have an established residential
community.
Another generous offer that could be made to the
neighbors of this particular project is the construction
access point. The proposed project calls for construction
access to be along the Cocohatchee Canal Cocohatchee
River, South Florida Water Management District, Big
Cypress Basin Board easement.
If you'd bear with me if you could indulge me for just a
few more minutes, Mr. Chairman, I'll get these facts on the
record, since I'm representing a number of individuals.
CHAIRMAN COYLE: Well, are those individuals
going to speak also? .
MR. PIRES: Some of them, but not on these particular
points necessarily and the level of detail.
CHAIRMAN COYLE: We're not going to duplicate
any testimony.
MR. PIRES: We'll try not to duplicate.
CHAIRMAN COYLE: Okay. We'll give you one more
minute.
MR. PIRES: Yes. What I propose is that I've talked to
Clarence Tears today with regards to utilizing that
particular access point. And to quote Clarence out in the
hall, prefer not to have it. And I think if you look from a
safety situation, it's not going to work.
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What I would submit would be a better route, Mr. or
Empire Builders, the applicant in this project, owns the
property to the west. That's the property bear with me so I
can get my orientation.
This is north. And this is the proposed canal access
easement. We proposed an alternate to be on the property
of this developer that is right here to the west. That would
be a good alternate that would not interfere with Treeline.
There's a better one, if! could.
This property is owned by Empire Builders. This is the
gatehouse at Treeline Drive. By having a construction exit
through Empire Builders's adjacent property, it would
minimize traffic on Treeline and obviate the necessity of
trying to go to South Florida.
What we would request then is that a type C, minimum
20foot buffer along the northern property line for
compatible purposes, because as a minimum, since this is a
PUD, you want to ensure, as outlined in the land
development code, in all cases screening shall, at a
minimum, be designed to protect existing first floor
residential occupant window levels.
Type C, 20foot would achieve that, and we believe a
little bit of meandering along that lake, creative engineering
to create a curvilinear lake versus a triangular lake would
achieve that.
But I just want to correct the record.
Mr. Chairman, thank you for allowing me that
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additional minute. And we request that if this is to be
approved, that the modification be provided as to
construction access and that the landscape buffer be 20foot,
type C along the northern boundary.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. Tony, can I
MR. PIRES: Thank you. And I apologize.
COMMISSIONER FIALA: Why would they want the
construction trucks going right by their houses when it
could be down by the front, that way they wouldn't have
any dust, they wouldn't have any noise, they wouldn't have
any lights?
MR. PIRES: We believe that would be a good route,
but we don't believe that would be feasible because of
South Florida. What we would suggest, to try to minimize
the extent necessary if possible, use of Treeline, is to keep
the language that's in section 5.8S at pages 16 and 18 that
talks about access being to the Cocohatchee Canal
easement, subject to permitting by South Florida Water
Management District, which means if they say no, they
can't use it, then they're back to using the entire Treeline
Drive.
What we would suggest is an additional sentence that
would say, provided, however, that if such access is not
provided or authorized by either South Florida Water
Management District or the Big Cypress Basin Board, then
such constructionrelated traffic shall only access the project
site to the property immediately adjacent to the west,
immediately east of the existing gatehouse on Treeline.
~ - ---~",",-_"- ......-.,,---
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That would be this route as the backup. So we have two
backups to try to keep the traffic off of Treeline.
Thank you for asking that clarifying question.
MR. BRYANT: And my clients says, we will more
than be glad to agree to that.
MR. PIRES: Okay.
CHAIRMAN COYLE: Okay. Well, wait a minute.
Let's take all of those issues at one time. Can we Mr.
Bryant?
MR. BRYANT: Yes.
CHAIRMAN COYLE: Mr. Pires brought up a number
of issues. Can we at least get a reaction from you about all
of the issues he raised?
MR. BRYANT: I think well, let's start at the ending.
We would be more than be more than glad to agree to
those alternative accesses. We believe that South Florida is
. going to grant us that license to utilize the canal.
There's a road there already that the Corps and also
South Florida uses themselves to maintain the canal, so we
believe that that's going to be a consistent use and we
believe they have our application, they've got our bond
already, so we think that's going to occur, notwithstanding
what Mr. Tears might or might not have said today about
that particular site on that particular part of the canal.
As far as the class C buffer, we are adamantly opposed
to that. We do not believe that's a reasonable request. We
believe that we have worked diligently to provide to the
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homeowners any type of protection they believe they need
from this type of product.
When you say that you've got a million dollar plus
home but you're going to have product that's going to be
almost a million dollars which is going to detract from that,
it almost begs the ability to perceive that.
So that's why we totally disagree with the class C
buffer. We'll do everything we can to make the buffering
20 feet along the area that we're not required to if we are
not constrained by the cart path and any drainage issues.
And as far as reduction in density, we have reduced
density. My client today could go and start pulling permits
and build 74 units there, because that was approved in
2003. We committed to 71 units. That is a reduction.
Mr. Chairman, if! could respond to any others, I'd be
more than glad to.
CHAIRMAN COYLE: I have a question from
Commissioner Henning.
COMMISSIONER HENNING: I'll wait till the after
the public speakers.
CHAIRMAN COYLE: Hit your button again.
Okay. We have how many, five more speakers?
MS. FILSON: Four.
CHAIRMAN COYLE: Four more speakers. I would
ask the speakers not to be repetitive. You have a right to be
heard. But if you hear somebody has said the same thing
you're going to say, I'd appreciate it if you'd just stand up
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and say, I agree with the previous speaker, and let's get on
with it.
MS. FILSON: The next speaker is Leland Berry. He'll
be followed by Edward Neer.
MR. BERRY: Good afternoon, Commissioners. My
name is Leland Berry, and I live at 7414 Treeline Drive,
which is lot three in Olde Cypress. As you drive in
Treeline Drive, my house is the third house on the right,
and it directly faces the proposed area that we're discussing.
I've got somebody else's paperwork here. I don't want
to mess it up.
The fIrst thing I want to say is, I hear the attorney for
the developer elaborating how cooperative they have been.
I just want to go on record as saying that the homeowners
do not agree with that statement.
Up until the time that the planning commission made
their recommendation, the developer was pretty adamant
that they didn't need to accommodate us at all in terms of
the buffer.
I also want to make a point on the issue of the canal and
the use of the canal. I personally called Mr. Nath, who's a
senior engineer at the South Florida district on November
3rd, and then I called John Poserowski (phonetic), I think it
is, today on this issue of whether they were going to be use
the canal.
The reason I did that is because all through this time
since the neighborhood meeting in July, they have been
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saying, oh, we'll use the canal, we'll use the canal. And we
view that as an effort to try to just get around the issue.
Both of the gentlemen that I referred to at the water
district said that it was extremely unlikely that they would
allow them to use this easement. The reason being, that the
easement at that point and they both looked it up while I
was on the phone with them is between 20 and 25 feet.
And they pointed out to me that they have to access the
easement for maintenance and other matters. And so the
bottom line was that they seriously doubted that that would
be approved, which is in direct contradiction to what the
attorney told you just a few minutes ago.
So my question is, you know, why hasn't there been a
definitive answer been established between June and now
on this issue?
This morning when I spoke to John Poserowski, he said
he had not spoken to anyone from Empire, and he is a local
person who is responsible for the work on the permitting.
That's all I have to say. Thank you.
CHAIRMAN COYLE: Thank you.
MS. FILSON: The next speaker's Edward Neer. He'll
be followed by Robert Printz.
MR. NEER: Thank you. I live in the first house on the
way in, and I am the newest resident. I've been I bought
the lot in May of 2003.
When you when you buy a lot that's next to that
undeveloped area, you are very cautious. And Stock is the
developer of Olde Cypress, and Stock is going to be the
developer of the proposed project.
I must have asked the Stock person 25 times, what can
go on that part of land? And 25 times he told me, 50 to 60
homes that you'll never be able to see.
Now, I can't speak for anyone else, but that's a pretty
common statement that a lot of people were told; that noth
there's three or four different stories. I'm not going to do
hearsay. All I'm saying is that we think the buffer is very
important, because we were told that we were buying these
lots and that we would not be able to see anything else.
Thank you.
CHAIRMAN COYLE: Thank you.
MS. FILSON: Robert Printz. He'll be followed by
Gene Mayberry.
MR. PRINTZ: Hello. My name is Bob Printz. I live at
7440 Treeline.
A couple of things here. I'm a representative of the
homeowners' association. I have a letter here from the head
of the homeowners' association, Mr. Dedio, that backs this
plan. I have copies if you would like them.
What I'm here to do is to rebut Mr. Bryant's thing that
the C buffer will be attractive. And as you can see here,
what's up here, is that this is the homes on Treeline Drive.
This is the lake that is here. And what we're maintaining is
that this is a C buffer, the people that are over here will
look across the lake and see a wall of green. If that is not
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there, what they'll look across and they'll see the back end
of all of our houses and vice versa.
And so we have a hard time thinking that that is really a
valid point that the C is not a good thing to have. We think
it is, and this way everybody's it's going to enhance
everybody's value. Because of the elevation of the new
homes, they're going to look across the lake, and they're
going to see the back end of our houses. They're not going
to see the golf course, and they're not going to see any lake
there because it's much it's down a fair amount.
And so we feel if there's a C, we'll look across and see a
wall of green, and these people will look across the lake
and see a wall of green.
The other thing I'd like to bring up is that in addition to
the PUD is that we'd like the land this buffer to be installed
at the commencement of the site cleaning activities,
because when this gets cleaned off, this is going to be
pretty much open, just blowing dust and noise and
everything over to us.
Thank you very much.
CHAIRMAN COYLE: Thank you.
MS. FILSON: Your final speaker is Gene Mayberry.
MR. MAYBERRY: Good afternoon. For the record,
my name is Gene Mayberry. I appreciate the opportunity
to address you this afternoon, and my remarks will be very
brief and focus on the buffer.
-----~~-,_.~<~" .' ..'..<.,,-.-------.,..---....-,
By way of background, the parcel under discussion was
originally zoned as agriculture. In 2002, developer of Olde
Cypress approached the neighbors along the northern
boundary of the property under discussion and stated his
objective to rezone from agriculture to residential.
He committed at that time to maintain homesites and
values consistent with the homes along the northern
boundary. We agreed to the proposal, and the HD
Development PUD was approved in June of2003.
In 2004, the developer came back to the neighbors and
stated a revised interest to amend the PUD to allow smaller
lot sizes and less expensive homes facing the northern
boundary; however, he proposed a significant 20foot wide
landscape buffer between the properties.
When we attempted to secure a firm written agreement
on this landscape buffer plan, the developer reneged on that
promise. In fact, at the neighborhood informational
meeting, the developer stated, the buffer was not under
consideration.
After considerable protest, and we believe with the
encouragement of county staff, the developer reconsidered
his position.
Subsequently, there have been many iterations on this
buffer. And in fact, at the planning commission meeting,
there was considerable confusion on what the developer
was proposmg.
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Even the current exhibit in your PUD today is subject to
interpretation. For example, the exhibit displays pine trees,
which the developer has already declared will be removed.
Commissioners, based on the history of this project, we
clearly do not trust this developer; therefore, we are
requesting that the buffer as originally promised be a type
C. This will remove ambiguity and enable enforcement.
Thank you.
MS. FILSON: That was your fmal speaker.
CHAIRMAN COYLE: That was the last speaker.
We haven't heard from the staff.
Commissioners, you want to ask your questions now?
Commissioner Henning?
COMMISSIONER HENNING: Yeah. I want to ask a
question of our staff. The buffer, residential versus
residential, what is the requirement?
MS. WILLIAMS: The required buffer between single-
family homesites between developments is a 10foot wide
type A buffer. That buffer consists of one tree every 30
feet on center.
The statement that the enhanced buffer was at the
encouragement by staff is not necessarily correct. Staff
simply facilitated the incorporation of the agreed upon the
originally agreed upon enhanced landscape buffer into the
PUD document as a compromise between parties and was
not endorsed in any way.
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The land development code requires the type A, and we
could not necessarily require anything greater because that
would indicate our land development code is inadequate in
that area.
COMMISSIONER HENNING: Right. Which parties
made the agreement? I'm assuming it was, you know,
either the homeowners' association or residents and
developer.
MS. WILLIAMS: I'd have to defer to the applicant.
MR. BRYANT: Okay. Mr. Slavage would like to
respond to that, Commissioner Henning, if he could.
MR. SLAV AGE: Commissioner, on the issue. of the
,
buffer
MR. MUDD: State yoUr name, please.
MR. SLA V AGE: My name's Bill Slavage. I am a, let's
see, one of the owners of Empire Developer's group as
actually a petitioner, and I'm also a homeowner in Olde
Cypress.
What you've heard before you is a lot of different things
about the buffer. For the record, the conversation about the
buffer was in Stock Development's office, of which Mr.
Mayberry was one of the participants in the meeting, along
with some other people, where we had an agreement with
the home president of the homeowners' association and
Empire Developer's Group with the homeowners to install
a type D, lOfoot buffer along the golf course property and a
type D, 20foot buffer along Treeline Drive. This was prior
to the planning commission meeting.
In your packet summary you probably will see a letter
from Mr. Dedio, who's representing the homeowners'
association, who we have an agreement with who approved
that.
Now, as recently as Friday, I believe, November 8th, we
were given another letter stating that now they want a type
C buffer. We agree that the access to the property I live
eight or nine houses past Mr. Mayberry, look at this exact
same property that the construction entrance, we have
actually applied and posted the bond with the district at
West Palm Beach, which is where Southwest Florida's
offices are, for the access through the Cocohatchee
easement.
If we don't get that, we agreed earlier that we'd be more
than happy to come in through either the bottom portion,
which I agree with you, Commissioner, would be much
better than going off of Treeline, for the heavy construction
as far as the clearing and fill and all the construction.
But we did have an agreement on a buffer from
homeowners at a meeting at the developer's office and
agreement with the developer on a IOfoot, class D buffer,
which is increased from a class A, so
COMMISSIONER HENNING: Okay. I have some
other questions, but let's stay on the topic of the buffer. I
. know the Mr. Slavage, I know the code says class Cis
between residential and commercial, and we can't demand
that you put that in. But if that's a part of the motion, will
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14
you accept a class C? I know that, you know, we can't
demand it.
MR. SLAV AGE: If part of the motion was to state that
we had to have a class C, then to be honest with you, sir,
we would ask for a continuance since this just came up four
days ago, and I was actually out of town on Friday, and
then we would ask the potential buyers of the property that
were going to develop that could look at a golf course, that
they're going to look at a sixfoot wall instead.
COMMISSIONER HENNING: Okay. Well, let's move
on from that.
MR. SLAV AGE: Okay.
COMMISSIONER HENNING: All right. The size lots
vary. The circular lots or the corner lots are, I think, 95,
and I think the center lots, interior lots, are 85 foot wide.
On the northern end I couldn't find it what's the width of
those lots?
MR. SLAV AGE: The lots are 60 feet wide.
COMMISSIONER HENNING: Sixty feet wide?
MR. SLAV AGE: Yes, sir.
COMMISSIONER HENNING: What are the lots
normally within Olde Cypress?
MR. SLAV AGE: They range anywhere from 50 to 100
in Olde Cypress.
COMMISSIONER HENNING: So they're just all over,
so
MR. SLA V AGE: Actually, there are there are even
lots that are less than that because they have attached
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product, which most people would consider duplexes,
common wall, in Olde Cypress, too, yes, sir.
COMMISSIONER HENNING: Okay. And these are
just single family; they're not villas?
MR. SLAV AGE: These are considered single family,
fee simple ownership, and a homeowners association.
COMMISSIONER HENNING: Who is Melson,
Richard and Amy Melson?
MR. SLAV AGE: Rick and Rich and Amy Melson are
my partners in Empire Developers and the owner of Empire
builders.
COMMISSIONER HENNING: Okay. The request is
to keep it 2.23 units per acre. But you only want 71 acres
(sic). Ifthere is a motion, can we refer up to 71 lots instead
of the acreage units?
MR. SLAV AGE: Well, 71 is what we want, but on the
tract three, if I agree with that, then I come back and say, I
want to take tract three from having zero residential, I
guess, left to commercial I mean, I would agree that can
we agree that we will bring tract three in as a rezone for
residential to commercial? Then I would say yes, sir, I'll
agree 100 percent with you.
But if you took it all away from me, then I wouldn't
even be able to put one singlefamily lot on it. I have no
problem stipulating that we can bring tract three in as a
COMMISSIONER HENNING: We're not even talking
about I think one and two.
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MR. SLAV AGE: We're talking one and two.
COMMISSIONER HENNING: And what was said
was, we're not even discussion tract three. We're going to
discuss that later on. What our request is is 71 units.
MR. SLAV AGE: For one and two, then I would agree
to that, yes, sir, on tracts one and two.
COMMISSIONER HENNING: Are we dealing with
tract three today at all?
MR. SLAV AGE: No, sir.
COMMISSIONER HENNING: Okay.
MR. SLAV AGE: But I would agree with you on 71
units on tract one and two, yes, sir.
COMMISSIONER HENNING: Okay. We just need to
get through this buffering issue. And you're offering
you're required to do a 10foot, you're offering a 20foot, if
possible, class D, instead of an A.
MR. SLAV AGE: We're offering a minimum of 10foot,
up to 20foot in areas that we can. We have an agreement
with the developer, because on some small portions of the
property, the cart if! put a berm and I have four feet to the
cart path, we've actually worked an agreement with Stock
Development that we actually go from the cart path,
incorporate all that into one berm, in a minimum of 10 feet
in some places, a maximum of 20 wherever we can, so 10
to 20 wherever, and a type D instead of a type A. That is
exactly what we've offered.
COMMISSIONER HENNING: And a type D would be
over the whole buffer?
MR. SLAV AGE: The whole buffer, type D.
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COMMISSIONER HENNING: And you know, my
thinking, I don't know why we buffer our residents, our
neighbors, but that's the way the code is, whether it's an A
or a Z code type buffer. I mean, it's there. But I understand
what the wishes of the community is.
COMMISSIONER FIALA: I don't understand it
myself.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I'm somewhat confused.
What type of a product are you putting here? i hear that the
neighbors are concerned that if you build your product, that
it's going to lower their property values is what I'm picking
up here; is that true?
MR. SLAV AGE: Well, sir, as I stated earlier, I'm a
resident in Olde Cypress. I'm a builder in Olde Cypress,
have been a builder in Olde Cypress since they first started
building houses, and I can tell you that when we first
started building houses, they weren't selling between 750
and $850,000. They were considerably less than that, and
we've even sold some in there recently less than that.
The minimum the price range of this communities
starts at 750,000 and goes up from there. I would say,
when we've run pro formas, they are based on an average
price of somewhere between 800 to 825.
COMMISSIONER HALAS: Now, the neighbors, what
do they have? What's the value of their homes?
MR. SLAV AGE: Well, I would the value of their
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homes range anywhere probably from something close to
that to up to two million.
COMMISSIONER HALAS: Okay.
MR. SLAV AGE: I can tell you that my house
appraised down the street for close to that.
COMMISSIONER HALAS: My concern is that when I
moved in a neighborhood, I had a nice sandy area, and now
I've got 17story condos that I look at every day, so they
didn't buffer that for me. I'm confused.
MR. SLA V AGE: And we're only building onestory
houses. We're not building any twostory products.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Just one comment. As we
were talking about home values. Never have I seen, ever,
in anyplace in Collier County home values go down, no
matter what goes in, no matter how many people say that
the home values are going to go down, they never go down.
CHAIRMAN COYLE: We're going to have to find
some way to do that.
MR. SLAV AGE: I think you're working a good step in
the right direction for the affordability of housing and the
trust fund, so I will
CHAIRMAN COYLE: Okay. Is there a motion by the
commissioners?
COMMISSIONER HALAS: I make a motion for
approval with the stipulations that were put in there by the
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well, I think there was some here from the planning
commission.
CHAIRMAN COYLE: Yep.
COMMISSIONER COLETTA: Staff
recommendations?
COMMISSIONER HALAS: Or staff
recommendations, excuse me, yeah. Thank you. It's getting
late in the day here.
CHAIRMAN COYLE: Motion by Commissioner Halas
for approval with the stipulations as proposed by the .
COMMISSIONER HALAS: Staff, yep.
CHAIRMAN COYLE: And could we also add the
stipulations made by the petitioner about the construction
entrance?
MR. BRYANT: Definitely, Mr. Chairman.
CHAIRMAN COYLE: Okay. Is there a second?
MR. MUDD: Commission, you've got $1,000 on
affordable, too, that they offered up.
COMMISSIONER HALAS: Yep.
MR. MUDD: Are you taking that offer?
MR. BRYANT: We agree to that.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: That's in my motion.
COMMISSIONER COLETTA: I second it, but I have a
question, too.
CHAIRMAN COYLE: Okay. Go ahead.
COMMISSIONER COLETTA: Tony Pires brought up
a good question. Was the offer for the affordable on the 74
units or the hundred and
'7~
MR. BRYANT: It's like in all the other projects,
Commissioner Coletta, we are offering it on the units we
sell as we close on them, not what we potentially could
build on something.
COMMISSIONER COLETTA: Okay. So
MR. BRYANT: So 71 units at $71,000 will go into the
trust fund.
COMMISSIONER COLETTA: Okay. Thank you, sir.
MR. BRYANT: Thank you at closing.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Halas for approval with the stipulations as
we have discussed, a second by Commissioner Coletta.
COMMISSIONER FIALA: Commissioner Henning
wants
CHAIRMAN COYLE: Question by Commissioner
Henning. And then after that, I'm going to close the public
hearing.
COMMISSIONER HENNING: Okay. No questions.
The request is for 71 units, so is that a part of the motion,
up to 7 I units?
COMMISSIONER HALAS: Up to 71 units.
MR. BRYANT: On tracts one and two.
COMMISSIONER HALAS: Tracts one and two,
correct.
COMMISSIONER HENNING: Are we dealing with
tract three today, sir?
MR. BRYANT: No.
COMMISSIONER HALAS: No.
COMMISSIONER HENNING: Okay. Well, geez.
COMMISSIONER HALAS: It's getting late.
CHAIRMAN COYLE: We don't have to say that
anymore.
COMMISSIONER HENNING: Well, you know, geez.
Give me a break.
MR. BRYANT: Thank you, Mr. Chairman.
MR. PIRES: Clarification about the stipulation
COMMISSIONER HENNING: Hang on. I'm not
done. I'm not done.
Now, the buffer. It's going to be a class Dbuffer?
MR. BRYANT: That's correct.
COMMISSIONER HENNING: Ten to 20 feet wide?
MR. BRYANT: That's correct. Up to 20, and we will
do 20 along the whole way that we have the ability to do it.
We committed to 20 on Treeline, and we'll do up to 20
along the remaining portion so long as we have the space.
COMMISSIONER HENNING: And that's part of the
motion?
COMMISSIONER HALAS: No. That's part of the
motion, what they recommended before, yes.
COMMISSIONER HENNING: And singlestory?
COMMISSIONER HALAS: Singlestory. They said it
was going to be singlestory.
MR. BRYANT: Our product's all singlestory, yes, sir.
COMMISSIONER COLETTA: And, of course, the
second picks up on that, too,
CHAIRMAN COYLE: Okay. Mr. Pires, did you want
to clarify something?
MR. PIRES: I believe Commissioner Henning I think I
had a premature clarification is what I had. So
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Commissioner Henning clarified that issue with regards to
the type D buffer. And I think if they could achieve the 20
feet, it would be greatly appreciated. Especially along the
lake, I think they can meander it. Thank you.
CHAIRMAN COYLE: Okay. I'm going to close the
public hearing.
All in favor of the motion with the stipulations as stated,
please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
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Page 1 00
Munoz, Silvia
From: Tom Henning [henning.tom@gmail.com]
Sent: Monday, February 11, 2008 7:24 AM
To: luckersam
Subject: FW:
From: Tom Henning [malito:hennlng.tom@gmall.com]
Sent: Friday, February 01,20087:00 AM
To: 'Diane Ebert'
Subject:
Thanks. We will review tomorrow and determine our options. Have a good evening.
----Original Message----
From: henninlLt <fomHeMing@colliergov.net>
To: Blaine Spivey
CC: maybenygene@aim.com <maybenygene@aim.com>; ochsJ <LeoOchs@colliergov.net>
Sent: Thu Jan 3120:02:102008
Subject: Olde Cypress fence permit
Mr. Spivey
'lie permit is #2007120334.This permit can be track by going to ht\J1JLl!]1Ili.!;Q)li<;J'gQY,M!lcornmd~ylJ;!ronjWtr~<;j.;jn-8jnsp/Pisnl'~IDjt.l.cfrn
.'h\tJ1:/I~l1l!s&QJljggQ.YJ!etJ!;Q!I}lIDkYlJlmnil~p!DiIp.fl:un..il!,cfm> It was rejected by zoning staff on 11 December. Staff asked for
a cross.section showing the setback required for chain link from the property and showing the proposed landscape buffer. Below is the
provisions out lined in the Land Development Code. I hope this information is helpful. Please contact me if! can further assist you.
Commissioner Henning
5.03.02 Fences and Walls
A. All districts.
1. Whenever a property owner elects to construct a chain link fence, pursuant to the provisions herein, adjacentto an arterial or collector road in
the urban coastal area, shaIl not be located closer than three (3) feet to the right-of-way or property line, and said fence shall be screened from
view by planting a hedge of living plant material at a minimum of thirty (30) incbes in height and spaced a distance apart that will achieve an
opacity of eighty (80) percent sight-obscuring screen within one (1) year of planting. An irrigation system shall be installed to ensure the
continued viability of the hedge as a visual screen of the chain link fence. This regulation shall not apply to single-family homes.
a. Structures subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional fencing standards:
i. Chain link and wood fences are prohibited forward of the primary facade and must be a minimum of 100 feet from a public right-of-way.
Chain link and wood fencing facing a public or private street must be screened with an irrigated hedge planted directly in front of the fence on
the street side. Plant material must be a minimum of three gallon in size and planted no more than three 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 Illustration 5.03.02 A.l.a. . 1).
ii. Fences forward of the primary facade, excluding chain link and wood are permitted under the following conditions:
(a) Fences must not exceed four feet in height.
(b) The fence provides either an open view at a minimum of25 percent of its length or provides variation in its height for a minimum of IS
percent of its length with a deviation of at least 12 inches.
(c) The fence style must complement building style through material, color and design.
2. All fences and walls shall be of sound construction and shall not detract from the public health, safety, and welfare ofthe genera' public.
. All fences and walls shall be maintained in a maMer that will not detract from the neighborhood or community.
2/1112008
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Page 2 of3
~. Barbed wire is authorized within agricultural, commercial, industrial districts and on fences surrounding raw water wells in all distrICts.
.azor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e., 8 jail or
penitentiary, or by appeal to the BZA.
5. No fence or wall within any district shall block the view of passing motorists or pedestrians so as to constitute a hazard.
6. Fences and walls shall be constructed of conventional building materials such as, but not limited to, concrete block, brick, wood, decorative
iron or steel, and chain link.
7. Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of-way. Ifa
fence, wall, or continuous landscape hedge exists on the adjoining parcel, this provision may be administratively waived where said request has
been requested in writing.
8. When determined to be beneficial to the health, safety, and welfare of the public, the County Manager or designee may approve an
administrative variance from height limitations offences and walls in all districts provided that at least one (I) health, safety, or welfare
standard peculiar to the properly is identified, and that such approval does not set an unwanted precedent by addressing a generic problem more
properly corrected by an amendment to this Code.
9. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed wall or fence except as provided for within
section 5.03.02 A,8. and 4.06.00.
B. Fence height measurementfor all districts. The height of a fence or wall located outside of the building line shall be measured from the
ground level at the fence location. However, if the County Manager or designee determines that ground levels have been altered so as to
provide for a higher fence, the County Manager or designee shall determine the ground level for the purposes of measuring the fence height. In
determining whether the ground level has been altered for the purposes of increasing the heightof the fence, the County Manager or designee
may consider, but is not limited to, the following facts:
I. General ground elevation of the entire lot.
2. In the case of a lot with varying ground elevations, the average elevation over the length of the fence, and at points in the vicinity of the
fence.
.. The ground elevation on both sides of the fence. In measuring the fence height, the ground elevation on the side of the fence location that is
at the lowest elevation shall be used as a point from which the fence height is to be measured.
4. Fences or walls shall be pennittedprincipal uses; however, a fence or wall shall not, in any way, constitute a use or structure, which penn its,
requires, andlor provides for any accessory uses andlor structures.
C. Residential zoning districts. For the purposes of this section, residential districts shall include: RSF, RMF-6, RMF-12, RMF-16,- RT, VR,
MH, and TTRVC zoning districts, and the residential increments ofPUD zoning districts. Fences and walls placed within required yards shall
be subject to the following:
1. Fences or walls on lots greater than one (1) acre in area may reach a maximum height of six (6) feet; except for raw water wells, for which
the allowable height is eight (8) feet.
2. For non-waterfront interior lotsone (I) acre or less in area, fences or walls may reach a maximum height of six (6) feet for side and rear
yards, but are limited to four (4) feet within the required front yard.
3. For waterfront lotsone (I) acre or less in area, height limits are as for non-waterfront lots, but with the additional restriction that fences or
walls within the required rear yard are limited to four (4) feel.
4. For corner lots one (I) acre or less in area, which by detinition have only front yards and side yards, fences within required front yards are
limited to four (4) feet in height, with the exception that any portion of a frontyard fence within the safe sight triangle described in section
6.06.05 of this Code is restricted to three (3) feet in height (Two (2) sides of this triangle extend thirty (30) feet along the property lines from
the point where the right-or-way lines meet, and the third side is a line connecting the other two (2).) Fences within required side yards may
reach six (6) feet in height.
5, Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the Board of Zoning Appeals
may allow the use of barbed wire in conjunction with chain link fencing for facilities where a security hazard may exist, such as a utility
substation, sewage treatment plant, or similar use.
). Agricullllral districts. For the purposes ofthis section, agricultural districts shall include: A, E, and CON zoning districts. Fences and walls
2111/2008
1A
Page 3 on
'~ithin agricultural districts shall be exempt from height and type of constroction requinoments.
E. Commercial and industrial districts.
1. Industrial Districts [Non-residential development). Fences or walls in industrial districts not subject to section 5.05.08 shall be limited to
eight (8) feet in height.
2. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district. said nonresidential development shall
provide a masonry wall or prefabricated concrete wall andlor fence.
3. If located on a contiguous property, the wall andlor fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and
shall be located a minimum of six (6) feet from the residentially zoned district.
4. If located on a property opposite a residentially zoned district but fronting on a local street, or the properties are separated by a platted alley.
the wall andlor fence shall bolocated a minimum of three (3) feet from tho rear of the right-of-way landscape buffer line and shall b. four (4)
feet in height.
5. On properties'which front on more than one (1) street. a six (6) foot high wall and/or fence shall be required along the street which is
opposite the primary ingress and e.gress point of the project along the street frontage which is adjacent to the rear of the project.
F. At theapplicant's request, the County Manager or designee may detennine that a masonry wall andlor fence is not warranted, particularly
where the local street lies contignous to the rear of a residence or some other physical separation exists between the residential development
and the nonresidential development. or for other good cause including the existence of a wall on an adjacent residential development. The
applicant shall demonstrate that the intent of this section can be effectively accomplished, without constrocting a wall, by submitting for
approval an altemative design and a descriptive nllITlllive through the administrative variance process set forth in subsection 5.03.02(A)(8) of
this Code. The County Manager or designee shall review the submitted documents for consistency with the intent of this section and, if the
administrative variance is approved, the approval and its basis shall be stated in the site development plan approval letter.
G. Vegetative plantings shall be located extemalto the wall andlor fence such that fifty (50) percent of the wall andlor fence is screened within
one (I) year ofthe installation of said vegetative material. An irrigation system shall be installed to ensure the continued viability of the
vegetative screen.
rt. These regulations shall not be construed to require a masonry wall andlor fence for commercial development fronting on anarterial or
collector roadway where the opposite side of such roadway is zoned residential or to be othclWise inconsistent with the provisions of section
5.05.08(B) of this Code.
1. A wall andlor fence shall be constrocted following site plan approval put prior to any vertical construction or any other type of improvement
resulting from the issuance of a building permit. Special circumstances may warrant constrocting the wan andlor fence in phases depending
upon the location of affected residential areas and after vertical construction commences.
(Ord. No. 05-27, ~ 3.EE)
2/1112008
1A
Page 1 of!
Munoz, Silvia
From: Tom Henning [hennlng.tom@gmail.com]
Sent: Monday, February 11, 2006 7:23 AM
To: tuckersam
Subject: FW: Agreement Olde Cypress and Empire
Attachments: Olde Cypress Empire.pdf
From: Terri 5. Hart [mallto:Terri.Hart@colllerderk.com]
Sent: Friday, February 01, 2006 3:56 PM
To: hennlng.tom@gmall.com
Cc: Dwight E. Brock; Patricia L. Morgan
Subject: RE: Agreement Olde Cypress and Empire
I have found an Agreement recorded 12/28/04 from Olde Cypress Dev. and Empire Builders recorded in OR
Book 3703 at Page 2763. Could this be the one you are searching for? See Attached.
Tem Hart, Assistant Director of Recording
and Records Management
Clerk of the Circuit Court
3301 E Tamiaml Tr
Naples, FL 34112
.239) 252-2606
email: terri hart@colIierclerkcom
From: Dwight E. Brock
Sent: Friday, February 01, 2008 3:02 PM
To: Patricia L. Morgan; Terri 5. Hart
Subject: FVV:
Please look for this and e-mail to Mr. Henning if you can find it.
From: Tom Henning [mallto:hennlng.tom@gmail.com]
Sent: Friday, January 18, 2008 12:13 PM
To: Dwight E. Brock
Subject:
Do you have any related agreement between olde cypress and empire homes? Please see attached
NOT PRINTED OR MA'LED AT GOVERNMENT EXPENSE
POUTICAL ADVERT'SEMENT. PAID FOR AND APPROVED BY TOM HENNING
REPUBUCAN FOR COUNTY COMM'SS'ONER. DISTRICT 3
2/1112008
.
~A
lbls_-....,.....t
..-..opIaiollol'dlle0n4
-.-.........""
IliobInID.Y_EIq.
Good1caI, CoIcoaoo A -. P.A.
4001 r...... r-l Nom, S... 300
Noplco,flarida 34103
(.l39) 4lS.lSJS
3530687 OR: 3703 PG: 2763
DCOIDID in OnICIAL UCOUI of COLLOI CODlT!, PL
12/21/ZDOf at U:OfAI DnGB! I. BIOCI, eLlll
DC HI 131.51
COPIII 15.01
IIIC 1.50
leta:
IlOOIILlm COLaW n At
fODl ulIm !II '301
IAPLlI rL 11m
(space above Ibis line for recording data)
BERM AGREEMENT
THIS BERM AGREEMENT (this "Agreement") is made and entered into this :J..::t of
December, 2004, by and between OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited
partnership ("Stock''). OJde Cypress Master Property Owner's Anoeiatiou, luc., a Florida not-for-profit
corporalion ("OCMPOA") and G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited
partDenbip ("GLH"), and is joined by Strada Bella DevelopmeDt, LLC, a Florida limited liability
company ("SBO''), Empire Bullden of CoWer County, Inc., a Florida corporation ("Empirej, Strada
Be1Ia at Olde Cypress Nelchborhood AlIOCiatlon, Inc., a Florida not-for-profit corporation r'Strada
BeUaj and Sautorinl VIUu Homeowner's Association, Inc. a Florida not-fur-profit corporation
("Santorini").
WITNESSETH THAT:
WHEREAS, Stocle, SBO, Empire, Santorini and/or Strada Bella an: the fee simple owners of (or
are the holders of landscape buffer easements encumbering) the property more particularly described on
Exhibit "A" attached hereto and made a part bereof (the "Olde Cypress Property"); and
WHEREAS, GLH is the fee simple owner of the property more particularly described on Exhibit
"B" attached hereto and made a part hereof (the "GLH Property"); and
. WHEREAS, Stock, OCMPOA and GLH arc desirous of entering into this Agreement to provide
for a shared landscaped benn; and
WHEREAS, SBO, Empire, Santorini and Strada Bella bereby join into this Agreemeot for the
purpose of acknowledging and consenting 10 the construction and maintenance of the landscaped benn
contemplated bereby, in accordance with the terms bereof.
NOW mEREFORE. in consideration of the promises, covenants and agreements bereinafter set
forth and in furtherance of the UDderstanding of the parties, it is hereby agreed as follows:
I. Recilllls. The above recitals are troe and correct and incorporated berein by this reference.
2. Sbared Berm. Subject to approval and permitting by any and all applicable
governmental agencies or authorities, the purpose of this Agreement is to establish a shared landscaped
berm and wall upon those portions of the Olde Cypress Property and GLH Property more particularly
1ft
OR: 3703 PG: 2764
described on Exhibit "C" attached hereto and made a part hereof (the "Berm"). . The Benn shall be
designed and constIUcled consistent with the cross-section attached hereto as Exhibit "0". The Berm
shall be constJUcled and maintained in accordance with the terms of this Agreement and in compliance
with the minimum requirements contained in federal, state, county and municipal laws, statutes, codes,
ordinance, roles and regulations.
3. Desll!n. PermlttlDl!. and Constroction of Berm Improvements. The design. permitting,
and constroction of the Berm shaH be the sole responsibility of GUI and shall be done at the sole cost and
expense of GLH. The Berm shall be designed in accordance with the specifications set forth in Ibis
Agreement. Prior to the application by GUI for 11II)' permits or governmental approvals nccessaJy or
appropriate to construct the Berm ("Berm Permits 8IId Approvals'1, GUI shall submit the following to
Stock for its review 8IId written approval: (i) 11II)' all applications for the Benn Permits and Approvals
C'Applications") and (Ii) all plans and specifications, prepared by a licensed and repulable engineering firm,
for the constroction of the Berm ("Plans"). Stock shall have ten (10) days to review and approve the
Applications and Plans. which approval shall not be unreasonably withheld In the event Stock shall fail to
respond prior to the expiration of said ten (10) day pCriod, the Applications8lld Plans shall be deemed
approved by all parties to this Agreemcnl All parties to Ibis Agrecnicnt will cooperate in good faith with
GUI, and upon approval by Stock of said submittaJs, GUI is hereby expressly authorized by all parties to
the Agreement to apply for Dr to pursue in such parties' name (Dr in GUI's name or in all such names as
GLH may deem desirable) the Berm Permits and Approvals which may be required to constJUct the
Benn. AU parties to this Agreement further agree to promptly execute, acknowledge, consent to, join in,
and deliver all documents. applications and other papers which may be necessary to make such
applications or to obtain the Benn Permits and Approvals. Any changes to the Applications Dr Plans
subsequent to the review and written approval of Stock shall require resubmiltal of said changes to Stock
for its review and written approval under the same procedure outlined above. If for any reason the Berm
Permits and Approvals are not forthcoming from the applicable governmental authorities and agencies,
provided that such failure is not a result of the intentional failure of GUI to undertalce action required
hereunder in connection therewith, the obligations of the parties under this Agreement shallterminatc.
4. Oblll!ations of GLH ffemporarv Construction Easement/LIcense.
(a) Comoliance. GLH shall construct and instaIl the Benn in accordance with the construction
plans prepared and the Berm Permits aod Approvals obtained pursuant to Section 3 of this Agreement.
Further. the installation and construction of the Benn shall be performed in compliance with applicable
federal, state, county and municipal laws, statutes, codes, ordinance, roles and regulations.
(b) Temnorary Grant of Construction Easement. Stock, OCMPOA, SBO, Empire, Strada Bella
and Santorini hereby grant to GLH a temporary easement (or a non-<:xclusive license to use the landscape
buffer casements held by such parties) for access over, across, and upon the Olde Cypress Property as shall
be reasonably ncc:cssary for installation and construction of the Benn. The foregoing temporary
cascmentlliccnsc shall automatically terminate upon completion of the initial constroction of the Bernt by
OUl.
(c) ConstJUction Licns. GLH shall keep the Olde Cypress Property at all times free and clear
of construction liens, mechanic's liens and any other liens for labnr, services, supplies, eqnipment Dr
materials purchased or procured, directly or indirectly, by or for OLH (Dr any entity relaled or affiliated
with GLH). GLH agrees that it will timely pay, satisfY or otherwise discharge all liens of contractors,
subcontractors, mechanics, laborers, matcriahnen and others of like character on account of such a lien or
the enforcement Dr foreclosure thereot: In the event of non-payment or non-satisfaction of any such lien
by GLH, Stock shall have the right, but not the obligation, to payoff Dr satisfy said lien and provide GLH
with a bill covering all costs and expenses of Stock in taking such action. If any such bill is not paid
2
7A
OR: 37~3 PG: 2765
within twenty (20) days, then Stock may bring legal action against GLH to recover said costs md expenses
together with reasonable attorney's fees in the event Stock is successful in prosecuting any such action.
(d) Ind"",nitication. GUf ag=s to indemnify and hold Stock hannless from and against any
and all losses, fees, costs, damages, liabilities, judgments, penalties, actions, causes of action and claims,
including, without limitation, attorneys' fees and court costs at trial and appellate levels, iru:wrcd or
sustained by Stock as a result of any act or omission of GLH or its successors, assigns, employees. agents,
representatives with respeclto GUf's conslnlclion and installation oflbe Berm.
S. Maintenance of Berm Imnrovemenls.
(a) Maintenance Resoonsibilirv. After construction of the Berm, the OCMPOA shall be
responsible for my maintenance. repair, replacement and/or reconstruction of the Berm located on the
Olde Cypress Property (in accordance with paragraph S(f) of that certain Agreement Establishing
Easements, Maintenance Responsibilities md Sharing of Costs recorded in OR Book 2546 Page 1033 of
the Public Records of Collier County. Florida). and GUf shall be responsible for any maintenance, repair,
rcp1ac:ement and reconstruction of the Berm located upon the GUf Property. The OCMPOA and the
shall keep the ponion of the Berm located on the Olde Cypress Property in good and clean condition and
repair, and GLH shall keep the pomon of the Berm located on the GUf Property in good and clean
condition and repair. All maintenance, repair, replacement and reconstruction shall be performed in
compliance with applicable federal, state, county and municipal laws, statutes, codes, ordinance. rules and
regulations.
(b) Remedv for Non-Performance of Maintenance. If the OCMPOA or GLH shall default in
the performance of maintenance obligations hereunder, then said non-defaulting party shall have the right,
but not the obligation, to file a complaint with the Collier County Code Enforcement Department or such
other agency or department possessing the authority to enforce the codes and ordinances of Collier
County.
(c) Subdivision. In the event that either the Olde Cypress Property Dr the GLH Property is
subdivided, the owner of each subdivided pomon shall be bound by this entire Agreement and shall be
responsible for the costs and maintenance obligations based upon the ratio the area of the owner's
respective parcel bears to the tola! area of the parcel from which they were created. Either party may
create a homeowners' association or property owners' association for pwposes of fulfilling the
maintenance obligations imposed herein or for imposing and collecting assessments for the costs of
mainlaining the Berm.
6. Contribution. No later than five (5) days after the date on which GUf receives the last of
the following tinal, non-appealable approvals necessary for its project: (I) Development Order from Collier
County; (2) United Stales Army Corps of Engineers pennit; and (3) South Florida Water Management
District permit, GLH shall make a one.time monetary contribution to the OCMPOA. The. amount of said
contribution shall be equal to the total estimated cost GUf would have incurred to construct on the GUf
Property the minimum buffer required under the Collier County zoning regulations applicable to the GUf
Property. Said estimated cost shall include the costs for materials and instaUation of materials. OCMPOA
may use the contribution in any manner deemed appropriate by the OCMPOA.
7. ~. Any notice, request, demand, instruction or other communication to be given to
any party hereunder shall be in writing and either hand delivered, delivered by overnight courier.
facsimile transmission, or sent by registered Dr certified mail, return receipt requested, postage prepaid,
addressed as follows:
3
1A
OR: 3703 PG: 2766
If to Gill:
1401 Unive/iity Drive. Suite 200.
Coral Sprinp, Florida 33071
Attention: Kevin Ralle1Tee
Phone: 954-753-1730
FacsUnile:954-575-524O
With a copy to:
Ruden McClosky
200 E. Browanl Blvd.
FI. Lauderdale, Florida 33301
Attention: MarIe F. Grant, Esq.
Phone: 954-527-2404
Fac.unile:954-333-4004
If to Stock:
Olde Cypress Development, Ltd.
5692 Strand Court, # I
Naples, Florida 34110
Attention: Mr. Brian Stoele
Phone: 239-592-7344
Facsimile: 239.592-7541
With a copy to:
GoodJette Coleman & Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples. Florida 34103
Attention: Kevin G. Coleman, Esq.
Phone: 239-435-3535
Facsimile: 239-435-1218
Any notice demand, request or other communication shall be deemed to be given upon actual
receipt in the case of hand delivery, facsimile transmission, or dclivel)' by overnight courier, or tbr= (3)
business days after depositing the same in a letter box or by other means placed within the possession of the
United Stales Postal Service, properly addressed to the party in accordance with the foregoing and with the
proper amount of postage affixed thereto. In the event of any notice via facsimile transmission, a hard copy
shall be sent via regular mail on the day of such transmission. Any such transmission received after 5:00
p.m. Eastern Standard Tune (or Daylight Savinp Time, whichever then applicable) shall be deemed to have
beco given on the next following business day. For purposes of delivering and receiving any notices,
demands, requests or other communications under this Agreement, the attorneys for any party may directly
contact another party. The respective attomeys for all parties are hereby expressly authorized to give and
receive any notice, demand, request or to make any other communication pursuant to the tenus of this
Agreement on behalf of their respective clients.
The addressees and addresses for the pllIJlOse of this Section may be changed by either party by
giving written notice of such change to the othcr party in the manner provided herein. For the purpose of
changing such addresses or addressees only, unless and until such written notice is received, the last
addressee and respective address slated herein shall be deemed to continue in effect for all PllIJlOses.
8. GovemIn~ Law I Venue I Amendment.. This Agreement shall be conslnled in
accordance with Florida law (exclusive of choice of law rules) and sbal1 not be amended, modified or
tenninated unless in writing executed by both parties and recorded in the Public Records of Collier County,
Florida. Venue for any action arising hereunder shall lie exclusively in Collier County, Florida.
4
1ft
OR: 3703 PG: 2767
9. PrevaDlne Partv. The p~vailing party in any liligation involving this Agreemenl shall
be entitled to recover from the non-prevailing party all attorneys' fees, paralegal fees and costs incurred in
connection with such liligation, al arbitration, or appeal or otherwise, including ~asonable attorneys' fees
and paralegal fees in the enforcemenl of any indemnity hereunder. The ownen of the parcels herein
described shall only be liable for any violation of this Agreement during their respective periods of
ownership, and in the evenl any action is broughl for ~covery of monetary damages for any breacb
hereof, the claimanl shall look solely to the intcrcsl of the then owner of the parcel in breach for the
recovery of such monetary damages.
10. Nol a PubOc DedIcation. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of the real property described herein to the general public or for general public
purposes wbatsoever, il being the intention of the parties thai this Agreemenl shaIl be strictly limited to
and for the purposes herein expressed.
11. No Third Partv Beneficlarv. The provisions of this Agreement are for the exclusive
benefil of the parties, their heirs, successon,. grantees and assigns, excepl as otherwise provided herein,
and nolfor the benefil of any third person, nor shall this Agreemenl be deemed to have conferred any
rights, express or implied, upon any third person.
12. Partial InvaUdltv. If any t<:nn or provision of this Agreemenl or the application thereof to
any person or circumstances shall, 10 any extent, be declared invalid or unenforceahle by a court of
competent jurisdiction, the remainder of this Agreement, or the application of such tenn or provision to
persons or circumstances other than those as to which il is held invalid or unenforceable, such term or
provision shall be modified to the minimum extenl necessary to make il or ils application valid and
enforceable, and the validity and enforceability of all other provisions of this Agreemenl and all other
applications of any such term or provision shall nol be affecled thereby, and each term and provision of this
Agreement shaIl be valid and be enforced to the fullesl extent permitted by law.
13. Modifications. Excepl as expressly provided herein, this Agreemenl may nol be
modified in any respecl whatsoever or rescinded, in wbole or in part, exccpl by the consenl of Stock,
OCMPOA and GLH, and then only by written Instrumenl duly executed, acknowledged by all of said
parties.
14. Covenants Ronnlnl! wllh Land. All of the provisions of this Agreement, including all of
the benefits and burdens, shall run with the Olde Cypress Property and GLH Property and shall be
binding upon Ibc Olde Cypress Property and GLH Property and the successors in title 10 each property.
15. Stock Reuresenlation. Stock, OCMPOA, SBD, Empire, Strada Bella and Santorini
represenl and warrant thai they are the fee simple owner of (or are the holders of landscape buffer easements
encwnbering) the Olde Cypress Property and thai they bave the full power and authority to enter into andlor
join in this Agreement
16. GLH Reoresentation. GLH represents and warrants thai il is the sole fee simple owner of
the GLH Property and thai il has the full power and authority to enter into this Agreement
(Signatures on Next Page)
5
1A
OR: 3703 PG: 2768
IN WITNESS WHEREOF, StocIc, OCMPOA, and GLH have executed this Bcnn Agreement as of
tbc day and year fust above wrillcn.
STOCK:
OLDE CYPRESS DEVELOPMENT, L TD~
a Florida limited parlnctShip
By:
StocIr. Development, LLC
a Florida limited liabil' co
its General P
Name:
,
\jih('~lj ~
(print Name: . 1"''' J..LllV I,
(P:n~t!l iff! H~\. r )
By:
Title:
STATE OF
RG~~
('c I I'lt l
)
) SS.
)
COUNTY OF
.]s ,~e fOregO~ inslrUment was V:knoWlcdge~,bcfore m~, this .2L ofDecembcr, 2004 by .
, ,( ,[~ 1!" a (Ie--- . as I (L Vrf S 1cl1 jJ. of Stock Development, LLC, a Flonda
limited liability company, tbc general partner of 9hI Cypress Development, LId., a Florida limited
partnership, on behalf of said entities, who is (V) personally known to me or ( ) has produced
as evidence of identification.
(SEAL)
DENISI MllRPHY
NOrAKYPlIBLIC ST~.TF. O' FLORIDA
COMMISSIO" . "'142298
MYCOMM~V, ...lJG.14.2006
6
- ~A
OR: 3703 PG: 2769
\~,).,,~d~/ By,
.A ~.
(PrintN~:~ t+uj.k )
OLDE CYPRESS MASTER PROPERTY OWNERS
ASSOCIATION, INC~ a FIo "da Dot-for-profit
torporalioD C
hek
Print Name:
Tine:
STATE OF
rlf.l~
~
)
) SSo
)
COUNTY OF
11. The forcg9i!jg instrument was acknQwledl!ed befoI;C me, this :J.c ofDcccmbcr, 2004 by
~)I(,^ blC1.CI\... ,as VIC~ P(t"'~ictt'l\t ofOJdCyprcssMas~pcrtyOwucn
Association, Inc., a Florida IIOt-for-profit corporation, OD behalf of said entity, who is 0/) personally I:uown
to me or ( ) has produced as evidence of identification.
(SEAL)
fl:JCIA1.NOTARYSEAL
DENISIl MURPHY
NOrAllY PUBLlCSTATE OF fLOiUDA
COMMfiSION NO. DD1422!18
MY CXlMMISsION EXP. AlIG. 14
V7h)) 10). fy/
NOTARYPUBLlC
Name: I I
(Type or
My Commission Expires:
7
1Pr
OR: 3703 PG: 2770
GLH:
G.L. Homes of Naples Associates n, Ltd.,
a Florida limited partnership
By:
By:
-
STATEOF no_,,"
COUNTI' OF .f1J...,It~
)
)...
)
"I .1 hi...
The foregoing inslrllmcnl was acknowledged before me, this ~ofDcccmbcr. 2004 by J:UJ.!ID".#t
t"l~Etltln . as Vice Prcsidcnl ofG.L. Homes of Naples II CoIpomtion, Ibe gcncral
partner of G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership. on bcbalf of said cntilics,
who is (jIt) pcnonaIly known to me or ( ) has produced IS cvideucc of
idcntificallOn.
~."I:::, CAROl.lIB.Ix:A
Q). [~) IlfCOMMISSION I DOO6I82D
'! : EXPIRE8;FebI1IIJy2S,2IlO6
....'ThnI...,P\MC~
~J/{~
~ARYPUBLlC
Name:
(SEAL)
(Type or Print)
My Commission Expires:
S:\CUENT'S\Sl'(JCK DEVaoPMEln'OIdo c"....\IlewIopmcal\II A,_.'21<04C_ FINAL)"."'"
8
.1A
OR: 3703 PG: 2771
JOINDER
SBD. Empire. Santorini and Strada Bella hereby join in this Beno Agreement for the pwposes of
acknowledging and consenting to the construction. operation, repair and maintenance of the Berm. as
coolemplated hereby.
(Print
STRADA BELLA DEVELOPMENT, LLC, a Florida
Hmlled liabOlly compaoy
By: Wdt<~~{;~~
Print Name: \.. 1,\\\0:_ 1<"'1 -S....,{.L
Title: _\-..\..,.~...j.......
STATEOF Flo..-..Q....
COUNTY OF c.., ({~e'-
)
),s.
)
The foregoing instrqrnent was acknowledged before me. this ~ofDecember. 2004 by
IJJ.I\lb' ~ot5...;~ ,as ~"M~<?" of ~da Bella DeveJopmen~ LLC. a
Florida limited 1iaIriuty company, on behalfof s d entity, who is (Y/ peraonaJly known to me or ( ) has
- ........of......... &
(SEAL) NO';:!/;;f:;;
Name:
I) IM'I1IEWGRRII8a
. IIY-- [!I()IUDDl!IIII48
EXPR8:....,1I, _
-.....---.
(Type or Print)
My Commission Expires:
9
I,' 'I1'e foregoing il\stnunentwasackn~ledged l!efof' me; this .1.') of December, 2004 by
w'/IJ/im ) LIJ,II(lA . as D s;cU" of Empire Builders of Collier County,
Inc., a Florida corporation, on behalf of sa{d entity, who is (.-?personally known 10 me or ( ) has produced
as evidence of identification.
STATE OF J:/DK.; M
COUNTYOF (ltJ/J/B?
)
) ss.
)
(SEAL)
1A
OR: 3703 PG: 2772
Empire Builden of Collier County, Ine., a Florida
corporation
.;dJ
Print Name: 4..h'l6-?rt if ;pe/d-f-
1itle:I'~~d::- -,.,,;/
ype Print)
My Commission Expires. _
10
'7A
OR: 3703 PG: 2773
Strada Bella at Olde Cypress Neillbborbood
AuociatioD, IDe., a Florida Dot-for-profit carporatlDD
~~-
~:::
(Print Name: .
B. uJ,j~ ~~
Print Name: W..b..... p.f'( Cj_,11.
Title: ----P..~.,t.... t
STATEOF Flo"'-,,(Jo.
COUNTY OF C-n\ ~ \ " r
)
) so.
l
The foregoing inslIJ/lllent was acknowledged)>efore me, this ...J,LofDecembcr, 2004 by
W.\\,...... l!!!.>l..J..::l!!L ,as (>~.~lj~ of Strada BeIJa at Olde Cypress
Neighborhood Assbciation. Inc. a Florida DOI-for-profit corporation, on beba1f of said entity, woo is (~
pen;onally knowa to me or ( ) has produced as evidence of
identification. -#'
(SEAL) N~
Name:
Q) IIAl1IEW_
. . MY COMIISSICII t IlD 2IIOS48
. EllFIIIE8:.....,2Il,m
-""'-.....-
(Type or Print)
My CommissioD Expires: _
11
1A
OR: 3703 PG: 2774
"--i On~~ /
(print NIIII1e: " I eo . ~/ By:
~ ./ e. Print Name:
(prin : i/ Huc-r)
Title:
S.ntoriD1 VlD.s Homeowner's Assocl.tion,
FlorIQ not-for-profit corporation
~
' rP~ ,r i'tf4
vI
Inc., a
STATE OF ~ICi lr\.L__
COUNIYOF ('c.! I j t'l.---
)
) SS.
J
The foregoing instrument was aclcno)Vled.Jled before me;, this ~ofDecember, 2004 by
Bu'''' 1:)1 eta, .as YICe. t-'r'f':GlckJ'cf- of Santorini vm,. Homeowner's
Association, loc., a Florida not-for-profit corporation, on behalf of said entity, who is (v) personally known
to me or ( ) has produced as evidence of identification.
~-j-:t6A .( ~ "I A1'l ,,)
NOT~UBUC ~
Name:_lXl )1-:3e...J\llli oIL....
(j i r ~ (Type o~ Print
My Commission Expires: ~ I * ;)WI(;
(SEAL)
DENISE MUIlPHY
NOI'AIIY IWUCsrATli (J' FLatDf.
COMMI5SION NO. DD142Z!18
MY OJMMISSION EXP. AUG. 14.2lJQ\
12
1A
OR: 3703 PG: 2775
Emlblt "A"
OLD CYPRESS PROPERTY
I. The North IS feet ofTraet B-1 and the North 15 feet ofTract B-2, Strada Bella, according to the
plat thereof recorded in Plat Book 40, Pages 69-70 of the public records of Collier County,
Florida; and
2. The North 15 feet of Lot 18, Strada Bella, according to the plat thereof recorded in Plat Book 40,
Pages 69-70 of the public records of Collier County, Florida and
3. The North IS feet of Tract R-2, Olde Cypress Unit One, according to the plat thcrcofrecordad in
Plat Book 21, Pages I-II of the public records of Collier County, Florida; and
4. The North 15 feet of Tract B.2, Santorini Villas at Olde Cypress, according to the plat thereof
recorded in Plat Book 34, Pages 47-48 of the public records of Collier County, Florida; and
5. The North 15 feet of Lots 1-19 and the North 15 feet ofLol20, Santorini Villas at Olde Cypress,
according to the plat thereof recorded in Plat Book 34, Pages 47-48 of the public records of
Collier County, Florida; and
6. Tract B-3, Sanlorini Villas at Olde Cypress, according to the pial thereof recorded in Plat Book
. 34, Pages 47-48 of the public records of Collier County, Florida.
13
OR: 3703 PG: 2776
Exblbit "0"
GL PROPERTY
All of Section 16, Township 48 South, RJmge 26 Eas~ Collier County, Florida, less and excepting the
Westerly 80 feel thereof.
14
74
'lft
OR: 3703 pc: 2777
Emlblt "C"
BERM AREA
1. The North 15 fect of Tract B-1 and the North 15 fect of Tract B-2, Strada Bella, according to the
plat thereof recorded in Plat Boole 40, Pages 69-70 of the public records of Collier County,
Florida; and
2. The North 15 fect ofLot 18, Strada Bella, according to the plat thercofrecordcd in Plat Boole 40,
Pages 69-70 of the public records of Collier COWlty, Florida; and
3. The North 15 feet of Tract R-2, Olde Cypress Unit One, according to the plat thcn:of recorded in
Plat Boole 21, Pages 1-11 of the public records of Collier County, Florida; and
4. The North 15 feet of Tract B-2, Santorini Villas at Olde Cypress, according to the plat thereof
recorded in Plat Book 34, Pages 47-48 of the public records of Collier COWlty, Florida; and
5. The North 15 fectofLots I.J9 and the North 15 feet of Lot 20, Santorini Villas at OIde Cypress,
according to the plat thereof recorded in Plat Book 34, Pages 47-48 of the public records of
Collier CoWlty, Florida; and
6. Tract B-3, Santorini Villas at OIde Cypress, according to the plat thereof recorded in Plat Book
34, Pages 47-48 of the public records ofeollier County, Florida; and
7. The South 15 feet of Section 16, Township 48 South, Range 26 East, Collier County, Florida, less
and excepting the Westerly 80 feet thereof and further less and excepting the EastcrIy 2,157.93 feet
thereof:
IS
~f
..:. E
.. -
.~ ,
! =\
~U
=
'1~
ttt OR: 3703 PG: 2778 ttt
~
1
;
!::\\1l ~
~ r" D
_iii.
\II <. ~
"". ~
Ei.
...iJl
~-
'7A
Page 2 of3
Commission emails, using the search term "Farese report" and the emails I sent you on February 1, 2008,
were all that she located.
Marian
From: Cooper, Margaret L. [mallto:mcooper@jones-fo5ter.com]
Sent: Monday, February 04,20089:36 AM
To: colli m
Subject: 04-COA-Ol052 Public Records - General: RE: Olde Cypress
Thank you Marian. Can you also check out Comm Tortla!'s emalls.
From: collLm [mailto:MarlanCoIll@colllergov.net]
Sent: Friday, February 01, 2008 4:37 PM
To: Cooper, Margaret L.
ee: welgeLdj K1atzkowJeffi TeachScottj hennlng_t
Subject: FW: Olde Cypress
Ms. Cooper:
Attached are all responsive emails staff was able to locate, relating to your request for emails in your letter
dated January 25, 2008.
Marim.R. Coni
Advanced Certified Paralegal
Civil Litigation
County Attorney's Office
(239) 252.8400 . Office
(239) 252-6300 - Fax
mariancolliililcollieroov.net
From: MartinsonKathy On Behalf Of welgeLd
Sent: Friday, February 01, 20084:29 PM
To: collLm
SUbject: FW: Olde Cypress
From: tuckersam
Sent: Friday, February 01, 2008 2:37 PM
To: welgeLd
Subject: Olde Cypress
David,
At Commissioner Henning's request.
Sam
2/6/2008
1A
Page3 of 3
From: Tom Henning [mailto:hennlng.tom@gmail.com)
Sent: Friday, February 01, 2008 12:58 PM
To: tuckersam
SUbject: FW:
From: Tom Henning [mallto:henning.tom@gmall.com)
Sent: Saturday, December 08, 2007 4:56 PM
To: 'ccbrooker@napleslaw.com'
Subject:
I want to continue the report on Olde Cypress to next year. Monday I have meeting all day. Call me this weekend or lunch on
monday
NOT PRINTED OR MAILED AT GOVERNMENT EXPENSE
POUTICAL ADVERT'SEMENT, PAID FOR AND APPROVED BY TOM HENN'NG
REPUBLICAN FOR COUNTY COMMISSIONER, O'STRICT 3
2/6/2008
1A
Grid~r Residence
Page I of 5
Munoz, Silvia
From: henning_t [TomHenning@coJliergov.net]
Sent: Saturday, December 08, 2007 1 :47 PM
To: KlatzkowJeff
Subject: FW: Grider Residence
From: mudd.J
Sent: Monday, November 26,20079:55 AM
To: hennlng_t
SUbject: FW: Grider Residence
Commissioner,
The series of email below get at all the issues we have talked about recently.
VR, Jim Mudd
From: SchmlttJoseph
Sent: Saturday, November 24, 2007 7:06 PM
To: mudd.J
:c: ochs_l; IstenesSusan; lorenz_w
Subject: RE: Grider Residence
Jim
Responses below
Joe
Joseph K. Schmitt
Administrator
Community Development and Environmental SelVlces Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: mudd.J
Sent: Saturday, November 24, 2007 10:42 AM
To: SchmlttJoseph
Cc: ochs_1
Subject: RE: Grider Residence
Joel
Thanks for the update and I agree that your actions are on target.
2/6/2008
1A
Grider Residence
Page 2 of 5
Check the Old Cypress PUD section 3. Does it say that at the time of DO or permitting the LDC shall apply?
Joe Schmitt] This is the section that I suspect that you believe may apply.
3 .04 General Land Devel.opment Regulatiaaa
The followi.ug ;ore general provislcms applicable to the POl> Mllster
pl..n. .
A. R"9f1lat;.iODS for develQpllteQt: of the OWB C'l'PR!lSS 1'01)
allall. bill in accordance with the CClDtents of this
deem_t. the PUI)-1'lanned unit: Deve1op111ent Distriat an4
other appli~l. ..oi:iona and part:II of the COllier
Cotmty Land DeveloplleDl: CI:de (LDC) aM Qrowth
M_lJ8IlllIIlC 1'1_ 1u .!feel: at the t..t.e of ulRluea of
aay d_lOJ:1lllent =der to wb10h sud r&g\1:1aUcma l:'elat.e
wb1cl1 al1thorb.., the OODlf~tlaD of ~.. 'l'be
Developer, bis successor a: udgflee, asne to. fo.llow
the: 1'01) Master Plan llIlc1 t:be regulations of tilt. POD as
adopted and any o.ther COIIdit:iOlUJ or IIlC>dificationG a&
....y be agreed to in the resoning of the property. In
addition, any sueeesSor in title or assignee is subject
to the ~t:Rents within thb ~.
However, in this case the 25ft preserve setback would seem to apply. Note that since 1991, the CoUler County LDC
required the developer to provide non-exdusive easements or tracts in favor of Collier County, without
maintenance obligation, for all protected/preserve areas required to be designated on the preliminary andfmal
subdivision plats. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be
designated on the preliminary andfmal subdivision plats was required to have a minimum 25-foot setbackfrom the
T,oundary of such protected/preserve areas in which no principal structure may be constructed. The PUD is silent
vith regards to setback from preserves so the LDC as defined (25ft.) is applicable.
That said Susan and 1 have bem discussing the fact that in the '90s when this PUDs wasfirst written and
subsequently amended it may ltave been common practice to "assume" that the development standards as described
in the Table II of Section VII in the PUD were the prevailing standards and as such superseded any standards as
described in th.e LDC where tlte PUD was silent. If that were the case and if the Board accepts that notion the
development standards as described in the PUD would be deemed to prevail in every case. As such, then the single
(amily side yard setback would be 5 feet and the rear yard setback would be 20 feet. Understand that if that was an
acceptable practice there would be no violations for the Grider house as it was deemed to be a corner lot and within
standard and the Dunkelberger house would have only a 5.85 ft encroachment iltto the 20ft rear yard setback. I'd
have to check but it may even qualify as a side yard and as such only require a 5 ft. setback. Again, this is only a
drought. We have noting to legally substantiate that the development standards supersede the LDC for preserve
setbacks. We would have to corroborate by evaluating otlter PUDs for that time period and by interviewing former
employees who staffed and reviewed respective PUDs. If we take this approach it is certain to be challenged as it is
really tlte only "violation" wilh any real legal merit.
Dunkelberger built earlier than Grider so Is there a difference between the old code and the new code on what we are NOVing
lhese folks for.
[Joe Schmitt] No - same code applies as described above
Notice on the NOVs that all the citation paragraphs are the same ior both
[Joe Schmitt] Correct- the violations are the same. As noted above, the 25 ft. standard Is as of 1991. Both properties
have the same violations.
Comm Henning tells me that Mrs. Dunkelberger has cancer and they go back to Germany from time to time for her meds. We
need to work with these folks and be cognizant of their predicament on future actions.
2/612008
1A
Grider Residence Page 3 of 5
\Iext Mr. Dunkelberger has been calling to set up a pre-app meeting with no success. No one is returning his calls. Please
actlfy this situation.
(Joe Schmitt] I will contact him personally and we'll set up a meeting.
Thanks, Jim
From: SchmittJoseph
Sent: Wednesday, November 21, 2007 5:37 PM
To: mudd.J
Subject: FW: Grider Residence
See Bob's response below regarding the anchoring system. I sent an inspector out there to verify that the anchoring was corree!
and we noted that the anchors were not yet installed. My Immediate response to Bob is to explain how we did not detect this
during our inspection and prior to Issuing the TCO. I am awaiting Bob's response. We will revise the TCO to note the anchoring
requirements.
'Ju
Joseph K Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: DunnBob
Sent: Wednesday, November 21, 2007 2:43 PM
To: SchmittJoseph
Cc: harrlson-9
Subject: RE: Grider Residence
Joe,
We sent an inspector to the Grider residence and the required permanent anchors were not installed. On Tuesday 11/20 I meet
with the Contractor and the Architecfs representative to discuss the permanent anchoring installation requirements.
1. The contractor advised he was not aware the FBC now requires permanently installed anchors.
2. The Architecfs representative stated a wind-borne debris protection fastening schedule for the wood structural panels
will be submitted for the anchoring Installation. Both agreed the installation will take place within the next few
weeks and they will schedule a building inspection.
3. The Architect submitted the revision to delete the impact windows on 2/23/2007 with the substitution of
plywood \VithoJ!lAardwar~.End_~~hors_ which was permitted in the 2004 FBC. When the question was asked do the
plywood panels meet the FBC. I responded with seclion 1609.1.4 Protection of Openings.( Exceptions) from
the 2006 FBC which was revised requiring the hardware and anchoring installation. The revision to the FBC was
adopted on 12/812006 the Grider pennit was issued on 10/19/2006 and permitted under the 2004 FBC. The Architect's
plywood revision is dated 2/23/2007 my interpretation requiring anchoring is from the 2006 FBC adopted
revisions. Please advise if I should revise and include this stipulation in the TCO letter.
2/6/2008
'1A
Grider Residence
Page 4 ofS
fj fuurIi rpud
$08.
Robert A. Dunn
Interim Building Director
Collier County Buiiding Department
2800 N. Horseshoe Drive
Naples. FL. 34104
Phone: 239.252.2442
Fax: 239.252.2906
From: Schmlttloseph
Sent: Monday, November 19, 2007 12:08 PM
To: DunnBob
Subject: FW: Grider Residence
Bob - see Jim's email. I assume that the anchors are in just like any other shutter system.
1oe.
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595.9751
"Balancing the demands of growth and the demands of the community"
From: mudd.J
Sent: Monday, November 19, 2007 11:17 AM
To: 5chmittJoseph
SUbject: RE: Grider Residence
Joel
Does the structure have the anchoring hardware installed?
Jim
From: 5chmlttJoseph
Sent: Monday, November 19, 2007 7:38 AM
To: mudd.J
Subject: FW: Grider Residence
lim
2/6/2008
~A
Gridt..1" Residence
Page 5 of5
You asked about the windows and stonn shutters approved for 2949 Lone Pine Lane, Olde Cypress, Permit #: 2006063048. The
,Jlans initially called for impact glass. A revision was submitted and approved by the building department to change from impact
glass to regular windows, and protected by plywood shutters. I stand corrected regarding plywood shutters, as long as they are
installed in accordance with Sect. 1609.1.4 of the FBC 2004 w12006 s.upplements, Protection of Openings, this is an allowable use
in 130 mph wind load areas and below. Olde Cypress is in the 130 mph wind load area.
Exceptions:
1. Wood structural panels with a minimum thickness of'/I.inch (11.1 mm) and a maximum span of 8 feet (2438
mm) shall be permitted for opening protection in one- and two-story buildings. Panels shall be precut so that they shall
be attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be
predrilled as required for the anchorage method and all required hardware shall be provided. Attachment shall be
designed to resist the components and cladding loads determined in accordance with the provisions of Section
1609.6. 1.2 . with pennanent corrosion-resistant attachment hardware provided and anchors permanently installed on
the building. Attachment in accordance with Table 1609.1.4 , with permanent corrosion-resistant attachment hardware
provided and anchors permanently installed on the building, is permitted for buildings with a mean roof height of 45
feet (13 716 mm) or less where wind speeds do not exceed 140 mph (63m/s)
J-
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
'Balancing the demands of growth and the demands of the community"
2/6/2008
1A
Page 1 of!
Munoz, Silvia
From: Wcs5353@aol.com
Sent: Thursday, November 08,200712:44 PM
To: henning_t
Subject: (no subject)
Dear Commissioner Henning,
Please be infonned that in the matter brought before the Board by Diane Ebert, an officer of the "Olde Cypress Home Owners
Association" (OCHOA) residing on Lone Pine Lane in the community of "Olde Cypress" (OC), Mrs. Ebert does not speak for or
represent the "Olde Cypress Master Property Owners Association" (OCMPOA) or the "Egret Cove Home Owners
Association" (ECHOA) of Olde Cypress.
Very Truly Yours,
William Snyder
President ECHOA
See what's new at"'~LgQ[!] and Mal<.e.AQLYourJiolDlmilSi!.
2/6/2008
1A
Demo permit for sidewalk
Page 1 of 1
Munoz, Silvia
From: henninQ...t [TomHenning@colliergov.net]
Sent: Wednesday, December 19, 20076:53 AM
To: KlatzkowJeff
Subject: Demo permtt for sidewalk
did Grider get a demo permit for the sidewalk?
Structure : Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached
to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and
overhead transmission lines. Fences and walls, gates or posts are not intended to be structures.
2/6/2008
1A
Ex Summary
Page I of I
Munoz, Silvia
From: sdamanagemenl@comcasl.net
Sent: Sunday, November 18, 2007 11 :48 AM
To: hennIn9-t
Subject: Fw: Ex Summary
Attachments: Strada Bella final.dot
HI Tom,
On November 27,2007 StradaBella HOA In Olde Cypress has been scheduled for the regular agenda. I have two scheduled
budget meeting In the mornIng and I am requesting a ''TIme Certain" for that afternoon so that I can be there to represent the
StradaBella Homeowners.Please advise me on that tIme.A1so I am enclosing the Executive Surrvnary that I have requested from
the County.StradaBella was unusual as far as tumover goes.As I ended up taking on the responsibility for the Home owners
AssociatIonVendors were brought in by me that have yet to be paid since March"07"counlless hours phone calls and time with no
monetary value to me has been put into this. If I did not have moral obligation to get these vendors paid I would have left the
homeowners to fend for them selves. I have been told that by the County all obligations have been met so I am begging that J do
not get looped in with the other issue of PUD.Please Help. .
Thanks,
Steve DeAngelis
sdamanagement@comcast.net
SDA Management Services Inc.
Phone 239-591-8407
'ax 239-591-8144
-- Original Message -
From: houldsworth i
To: sdamanagement@>comcasl.net
Sent: Wednesday, November 14, 2007 3:13 PM
Subject: Ex Summary
<<Strada Bella final.dot>>
lohn R. Houldsworth
Senior Engineer
Engineering Review Department
Phone 239-:z52-5757
Fax 2311-550-6555
2/612008
'lA
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage Improvements for the final plat of Strada Bella (Olde Cypress
PUDlo The roadway and drainage improvements will be privately
maintained.
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as Strada Bella.
CONSIDERATIONS:
1. On December 3, 2004, Engineering Review Department granted
preliminary acceptance of the roadway and drainage improvements in
Strada Bella.
2. The roadway and drainage Improvements will be maintained by the
project's homeowners association.
3. The required improvements have been constructed in accordance with the
land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attomey's Office. A copy of the document is attached.
5. The original developer of this parcel John Soave, Inc. abandoned the
subdivision and a successor developer has assigned the bond security to
the Strada Bella Homeowners Association who have had the
improvements completed. An approval letter from the Homeowner's
Association is attached.
6. Although this PUD has not been closed out, this parcel was not developed
by the PUD developer.
7. According to PUD Monitoring, the outstanding PUD commitments are as
follows: Park site, nature trails, fair share contribution for traffic signal.
8. On March 22, 2002 the Board entered into a Construction and
Maintenance Agreement for Subdivision Improvements with the
developer. The developer has fulfilled his obligations with respect to this
agreement.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution for legal
sufficiency.
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in Strada Bella and release the maintenance
secu rity.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security to the Strada Bella
Homeowners Association.
PREPARED BY: Stan Chrzanowski, P.E., Engineering Review Department
1A
1A
Page 1 of!
Munoz, Silvia
From: hennlng_t [TomHennlng@colliergov.net]
Sent: Thursday, October 04,20076:08 PM
To: jodlebert@comcast.net
Subject: F'N: Grider
Attachments: 1 Grider lot.xls
From: tuckersam
Sent: Wednesday, October 03, 2007 4:30 PM
To: hennin9-.t
SUbject: FW: Grider
\
From: chrzanowskLs
Sent: Wednesday, October 03, 2007 4:27 PM
To: tuckersam
Subject: FW: Grider
'3am... Commissioner Henning mentioned something about me sending an e-mail home about the Grider case. Attached is the e-
naill sent back to myself at work with the surveying sopreadsheet so that I could calculate the internal angle used to determine
the setbacks to see. ~ It was correct. It took a while and Joe asked me to have it done by that Monday, so I guess I sent it home to
work on it there. I'll also send the sketch that accompanied the calculation... also done from home.
I didn't take comp time because I enjoy this kind of sluff... I don't get a chance to do it often enough.
Sfmt
Stan Chrzanowski, P.E.
Engineering Review Deparbnent
'That whIch dors not kill me-...
postpones tM '~vltablt!!"
From: Stan Chrzanowski [mall1D:SChrzanowskl2@comcast.net]
Sent: Sunday, August 05, 2007 10:20 AM
To: chrzanowskl_s
Subject: Grider
2/6/2008
1A
Distance Bearing Northing (Y) Easting (X) Coordinates (N) Coordinates (E)
130.35 N 11 33 15 E 127.7085598293 26.1083558717
46.32 S 79 46 3E 8.2284227896 45.5832804699
135.9369826189 19.4749245982
25.00 N 10 13 57 E 24.6023750377 4.4410744763
16.3739522481 50.0243549461
35.23 N 552545E 19.9903704313 29.0092742070
11.7619475417 74.5925546769
82.63 N 534320E 48.8922167963 66.6128218844
60.6541644380 141.2053765413
16.07 N 54 13 57 E 9.3928751391 13.0391256080
70.0470395771 154.2445021493
27.00 N 68 51 22 W 9.7392064522 25.1822925422
79.7862460293 129.0622096071
13.55 N 694854W 4.6754612431 12.7178049271
84.4617072725 116.3444046800
95.64 N 64 759 W 41.7260808117 86.0577932560
126.1877880842 30.2866114240
4.47 N 684339W 1.6217339201 4.1654386435
127.8095220043 26.1211727805
18.67 S 734834E 5.2058085749 17.9295414632
55.4483558631 159.1349180046
111.38 23.91 12.11583397 Degrees
138.87 S 12 657 E 135.7767086108 29.1472519943
-8.0267086108
55.28 8.03 81.73204559
68.68 85.95 51.37272444
Degrees
55.26 8.03 81.73204559
63.49 103.87 58.56485663
Degrees
1A
Oisl From Comer
137.3249282965
138.8743599631
1A
Page 1 of 1
Munoz, Silvia
From: KlatzkowJeff {JeffKlatzkow@colliergov.netJ
Sent: Wednesday, December 19, 2007 8:57 AM
To: hennln9-t
SubJect: FW: Grider Permit History
Attachments: Permit History,pdf
Commissioner. In keeping with your request
Jeffrey A. K1atzkow
Chief Assistant County Attorney
(239) 774-8400
From: A1thouseTammy
Sent: Wednesday, December 19, 2007 8:44 AM
To: K1atzkowJeff
Subject: Permit History
Jeff,
Attached is the permit history for the property in question. From what I am told by Donna and Stan C, there is no permit required
to demo a sidewalk. Stan asked that I have you call him in order for him to explain this better. He says that they can remove the
sidewalk for building purposes under the building permit and some times they have them replace it after construction Is done, He
believes that this was removed in order to put the driveway in. Please advise if you need any further information from me. You
can reach Stan at ex!, 5751.
Tammy
2/6/2008
'lA
,
-, I
c:?af\
(J/SJ
1A
Grider Residence
Page 1 of5
Munoz, Silvia
From: hennlng_t [TomHenning@colllergov.net]
Sent: Monday, November 26, 2007 6:38 PM
To: Jodiebert@comcast.net
Subject: FW: Grider Residence
From: mudd.J
Sent: Monday, November 26, 2007 9:55 AM
To: henning,..t
SUbject: fIN: Grider Residence
Commissioner,
The series of email below get at all the issues we have talked about recently.
VR, Jim Mudd
From: SchmlttJoseph
Sent: Saturday, November 24, 20077:06 PM
To: mudd.J
Cc: ochsJi IstenesSusan; lorenz_w
Subject: RE: Grider Residence
Jim
Responses below
J=
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: mudd.J
Sent: Saturday, November 24,200710:42 AM
To: SchmlttJoseph
Cc: ochsJ
Subject: RE: Grider Residence
Joe,
Thanks for the update and I agree that your actions are on target.
2/6/2008
fA
Grider Residence
Page 2 of5
~heck the Old Cypress PUD section 3. Does it say that althe time of DO or permitting the LDC shall apply?
Joe Schmitt] This Is the section that I suspect that you believe may apply.
3.04 Ele!leral LIII1d Deve1"P""m1: Regulations
The follOOling are ~l pNVisicma applicable to the POD Master
plan:
A. Regalatlans for developlltel!U: of the OLOB CYPRESS 1'OD
llha11 be in &cocn-ctance >ri.C:b ebe contents of this
cSocluRleat, the POJ)-plumelf UD1c Dwelopo1lSnt nt.trict ane!
other eppli~1e sections aDd partS of the Collier
CowIt:y l.imS. ~elopMDt: COde (l'.DC) aDd GrQW1:b
MaR.ageelll.t PlaD in e!feet at th8 tiM of ~lJWlJlC. of
llIIl' lSe'll'el~ c:mSu to wblob sailS ~laUOM relate
wb1eh auehorl_ the COIIStnlct:!CQI. of inIprov_t./I, The
1lenloper, hts noaes_ or ...igbee, ~ to follow
eM PllD lllalitor Plan and the regulations of thta POl) as
adopteCI ItI1d ;my other condit!""". 02:' IIIQCUficatiolUl as
lIay be agreed to in the rezoning of the property. In
addition, auy ....c:eea..or in title or as..ign.... is subject
to the =-it:ment" within this ~.
However, in this case the 25 fl preserve setback would seem to apply. Note that since 1991, the Collier County LDC
required the developer to provide non-exclasive easements or tracts in favor of CoOier County, without
maintenance obligation,for all protected/preserve areas required to be designated on the preliminary andfmal
subdivision plats. Any buildable lot or parcel subject to or abutting a protected/preserve ar/Ul required to be
designated on the preliminary andfmal subdivision plats was required to have a minimum 25-foot setbackfrom the
boundary of such protectedlpreserve areas in which no principal structure may be constructed. The PUD is silent
vith regards to setback from preserves so the LDC as defined (25 ft.) is applicable.
That saidSasan and I have been discussing thefact that in the '90s when this PUDs wasfustwritten and
subsequently amended it may have been common practice to "assume" that the development standards as described
in the Table II of Section VII in the PUD were the prevailing standards and as such superseded any standards as
described in the LDC where the PUD was silent. if that were the case and if the Board accepts that notion the
development standards as described in the PUD would be deemed to prevail in every case. As such, then the single
family side yard setback would be 5 feet and the rear yard setback would be 20 feet. Understand that if that was an
acceptable practice there would be no violations for the Grider house as it was deemed to be a corner lot and within
standard and the Dunkelberger house would have only a 5.85 fl encroachment into the 20ft rear yard setback. I'd
have to check but it may even qualifY as a side yard and as such only require a 5 ft. setback. Again, this is only a
thought We have noting to legally substantiate that the development standards supersede the LDC for preserve
setbacks. We would have to corroborate by evaluating other PUDs for that time period and by interviewing former
employees who staffed and reviewed respective PUDs. if we take this approach it is certain to be chaUenged as it is
reaDy the only "violation" with any real legal merit.
Dunkelberger buill earlier than Grider so is there a difference between the old code and the new code on what we are NOVing
these folks for.
[Joe Schmitt] No - same code applies as described above
Notice on the NOVs that all the citation paragraphs are the same for both
[Joe Schmitt] Correct- the violations are the same. As noted above, the 25 ft standard Is as of 1991. Both properties
have the same violations.
Comm Henning tells me thai Mrs. Dunkelberger has cancer and they go back to Germany from time to time for her meds. We
need to work with these folks and be cognizant of their predicament on future actions.
2/6/2008
1f\
Grider Residence Page 3 of 5
Next Mr. Dunkelberger has been calling to set up a pre-app meeting wllh no success. No one is returning his calls. Please
ectity this situation.
[Joe Schmitt} I will contact him personally and we'll set up a meeting.
Thanks, Jim
From: SchmlttJoseph
Sent: Wednesday, November 21, 2007 5:37 PM
To: mudd.J
Subject: FW: Grider Residence
See Bob's response below regarding the anchoring system. I sent an inspector out there to verity that the anchoring was correct
and we noted that the anchors were not yet installed. My immediate response to Bob Is to explain how we did not detect this
during our Inspection and prior to issuing the TCO. I am awaiting Bob's response. We will revise the TCO to note the anchoring
requirements.
:J"-
Joseph K. Schmit!
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: DunnBob
Sent: Wednesday, November 21, 2007 2:43 PM
To: SchmlttJoseph
Cc: harrison....g
Subject: RE: Grider Residence
Joel
We sent an inspector to the Grider residence and the required pennanent anchors were not installed. On Tuesday 11/20 I meet
with the Contractor and the Architect's representative to discuss the permanent anchoring installation requirements.
1. The contractor advised he was not aware the FBC now requires permanently Installed anchors.
2. The Archltecfs representative stated a wind-borne debris protection fastening schedule for the wood structural panels
will be submitted for the anchoring installation. Both agreed the installation will take place within the next few
weeks and they will schedule a building inspection.
3. The Architect submitted the revision to delete the impact windows on 2/23/2007 with the substitution of
plywood without hardJo\'.a!~and_!!.I}c:h.or~ which was permitted in the 2004 FBC. When the question was asked do the
plywood panels meet the FBC. I responded with section 1609.1.4 Protection of Openings.( Exceptions) from
the 2006 FBC which was revised requiring the hardware and anchoring installation. The revision to the FBC was
adopted on 12/8/2006 the Grider pennil was issued on 10119/2006 and pennitted under the 2004 FBC. The Architecrs
plywood revision is dated 2/23/2007 my interpretation requiring anchoring is from the 2006 FBC adopted
revisions. Please advise if I should revise and Include this stipulation in the TCO letter.
2/612008
1A
Grider Residence
Page 4 of 5
!l1lanA IJI1U!
9Jo4
Robert A Dunn
Interim Building Director
CoRier County Building Department
2800 N. Horseshoe Drive
Naples, FL. 34104
Phone: 239-252-2442
Fax: 239-252-2906
From: SchmlttJoseph
Sent: Monday, November 19, 2007 12:08 PM
To: DunnBob
SUbject: FW: Grider Residence
Bob - see Jim's email. J assume that the anchors are in just like any other shutler system.
1u
Joseph K Schmitl
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell- 595-9751
"Balancing the demands of growth and the demands of the community"
From: mUdd.J
Sent: Monday, November 19,200711:17 AM
To: Schmltuoseph
Subject: RE: Grider Residence
Joe,
Does the structure have the anchoring hardware installed?
Jim
From: SchmlttJoseph
Sent: Monday, November 19, 2007 7:38 AM
To: mudd.J
Subject: FIN: Grider Residence
lim
2/612008
1~
Grider Residence
Page 5 of5
You asked about the windows and storm shutters approved for 2949 Lone Pine Lane, Olde Cypress, Permit #: 2006063048. The
Jlans Initially called for impact glass. A revision was submitted and approved by the building department to change from impact
glass to regular windows, and protected by plywood shutters. I stand corrected regarding plywood shutters, as long as they are
Installed in accordance with Secl1609, 1.4 of the FBC 2004 w/2006 supplements, Protection of Openings, this is an allowable use
in 130 mph wind load areas and below. Olde Cypress is in the 130 mph wind load area.
Exceptions:
1. Wood structural panels with a minimum thickness of 7/16 inch (ll.l mm) and a maximum span of 8 feet (2438
mm) shall be permitted for opening protection in one- and two-story buildings. Panels shall be precut so that they shall
be attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be
predrilled as required for the anchorage method and all required hardware shall be provided. Attachment shall be
designed to resist the components and cladding loads determined in accordance with the provisions of Section
1609.6.1.2. with permanent corrosion-resistant attachment hardware provided and anchors permanently installed on
the building. Attachment in accordance with Table 1609.1.4 . with permanent corrosion-resistant attachment hardware
provided and anchors permanently installed on the building, is permitted for buildings with a mean roof height of 45
feet (13 716 mm) or less where wind speeds do not exceed 140 mph (63 mls)
'J=
Joseph K. Schmitt
Administrator
Community Development and Environmentai Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
2/6/2008
t./A
GriG~r R.esidence
Page 1 of5
Munoz, SiMa
From: hennlng_t [TomHenning@colliergov.net]
Sent: Saturday, December 08, 20071:01 PM
To: hennlng.tom@gmail.com
Subject: FW: Grider Residence
From: mudd.J
Sent: Monday, November 26, 2007 9:55 AM
To: hennlng_t
Subject: FW: Grlder Residence
Commissioner,
The seMes of emall below get at all the issues we have talked about recently.
VR, Jim Mudd
From: SchmlttJoseph
Sent: Saturday, November 24, 2007 7:06 PM
To: mudd.J
Cc: ochs-'i Istenes5usani lorenz_w
Subject: RE: Grider Residence
Jim
Responses below
'J-
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: mudd.J
Sent: Saturday, November 24, 2007 10:42 AM
To: SchmittJoseph
Cc: ochsJ
SUbject: RE: Grider Residence
Joe,
- Thanks for the update and I agree that your actions are on target.
2/6/2008
1A
Grider Residence
Page 2 of5
":heck the Old Cypress PUD section 3. Does" say that at the time of DO or pennitting the LOC shall apply?
Joe Schmitt] This Is the section that I suspect that you believe may apply.
3 . 04 General Land De'O"el.~t Ilegulatioalll
The followiDg are sreneral provisions applicable to the PIlI> Master
Plan:
A. Regtllations for deve1opM;nt of the 0L0ll crt'RESS .!'UJ)
llhal1 be in aoaordanc.. with the ccm:ents of this
c:lceu_e. the PUD-l'lam1ed 'llDit Developt11ent District ane!
other appl:Lc:ab1e sections aDd. parl:s of the COllier
County Land Dl/.Yelu.; lit Coda (LOC) and Growth
MlDlagelUl1t plan 1ll effect At tbe t.t.a of lIIsuuce of
allY clneloplMD.t: c:I:'der 1:0 wh:Lch said ~at:iODll relate
wt\td) autborl._ tbs COIlStnet:lcm of ill(lrOvements. The
I)enloper, his sucoellSOl:' <:R: assign.., agne to fOl.lClW
tbe PtlD MalSter Plan _ l:he regulaticms of tbis POD as
adopted ilDd my other COllditiOll$ or alOd.l..fiCiltions as
may be agreed 1:0 in ehe rescming of the property. In
addition. allY successor in title or ....sign.... is subje<;:t:
to the colllldt:-.ts withiA th1.s lI9'reement. .
However, in this case the 25ft preserve setback would seem to apply. Note that since 1991, the Collier County LDC
required the developer to provide non-exclusive easements or tracts in favor of Collier County, without
maintenance obligatiol/,for aU protectedlpreserve areas required to be designared on the preliminary andflllal
subdivision plats. Any buildable lot or parcel subject to or abutting a protecJedlpreserve area required to be
designated on the preliminary andfinal subdivision plats was required to have a minimum 25-foot setbackfrom the
"oundary of such protectedlpreserve areas in which no principal structure may be constructed. The PUD is silent
vith regards to setback from preserves so the LDC as defined (25ft.) is applicable.
That said Susan and I have beel/ discussing the fact that in the '90s when this PUDs was flTst written and
subsequently amended it may have been common practice to "assume" that the development standards as described
in the Table II of Section VII in the PUD were the prevailing standards and as such superseded any standards as
described in the LDC where tile PUD was silent If that were the case and if the Board accepts that notion the
development standards as described in the PUD would be deemed to prevail in every case. As such, then the single
family side yard setback would be 5 fut and the rear yard setback would be 20 feet Understand that if that was an
accepwble practice there would be no violations for the Grider house as it was. deemed to be a corner lot alld within
standard and the Dunkelberger house wouid have only a 5.85 ft encroachment into the 20ft rear yard setback. I'd
have to check but it may even qualify as a side yard and as such only require a 5 ft setback. Again, this is only a
thought We have noting to legally substantiate that the development standards supersede the LDCfor preserve
setbacks. We would have to corroborate by evaluating other PUDs for that time period and by interviewing former
employees who staffed and reviewed respective PUDs. If we take this approach it is certain to be challenged as it is
really the only "violation" witll any real legal merit
Dunkelberger built earlier than Grider so is there a difference between the old code and the new code on what we are NOVing
these folks lor.
{Joe Schmitt] No - same code applies as described above
Notice on the NDVs that all the citation paragraphs are the same for both
{Joe Schmitt] Correct - the violations are the same. As noted above, the 25 ft standard Is as of 1991. Both properties
ha ve the same violations.
Comm Henning tells me that Mrs. Dunkelberger has cancer and they go back to Germany from time to time lor her meds. We
need to work with these folks and be cognizant 01 their predicament on future actions.
2/612008
1A
Grider Residence Page 3 of 5
Next Mr. Dunkelberger has been calling to set up a pre-app meeting with no success. No one is returning his calls. Please
ectify this situation.
[Joe Schmitt} I will contact hIm personally and we'll set up a meeting.
Thanks, Jim
From: SchmlttJoseph
Sent: Wednesday, November 21, 2007 5:37 PM
To: mudd.J
Subject: FW: Grider Residence
See Bob's response below regarding the anchoring system. I sent an inspector out there to verify that the anchoring was correct
and we noted that the anchors were not yet installed. My immediate response to Bob is to explain how we did not detect this
during our Inspection and prior to issuing the TCO. I am awaiting Bob's response. We will revise the TCO to note the anchoring
requirements.
J-
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: DunnBob
Sent: Wednesday, November 21, 2007 2:43 PM
To: SchmittJoseph
Cc: harrlson_g
Subject: RE: Grider Residence
Joe.
We sent an inspector to the Grider residence and the required permanent anchors were not installed. On Tuesday 11/20 I meet
with the Contractor and the Architect's representative to discuss the permanent anchoring Installation requirements.
1. The contractor advised he was not aware the FBG now requires permanently Installed anchors.
2. The Architecfs representative stated a wind-bome debris protection fastening schedule for the wood structural panels
will be submitted for the anchoring installation. Both agreed the installation will take place within the next few
weeks and they will schedule a building inspection.
3. The Architect submitted the revision to delete the impact windows on 2/23/2007 with the substitution of
plywood Y.fi!b9-\!UJardware and.anchg.m.which was permitted in the 2004 FBG. When the question was asked do the
plywood panels meet the FBG. I responded with section 1609.1.4 Protection of Openlngs.( Exceptions) from
the 2006 FBG which was revised flllluirlna the hardware and anchoring installation. The revision to the FBG was
adopted on 12/6/2006 the Grider permit was issued on 10/19/2006 and permitted under the 2004 FBG. The Architect's
plywood revision is dated 2123/2007 my interpretation requiring anchoring is from the 2006 FBG adopted
revisions. Please advise if I should revise and include this stipulation in the TGO letter.
2/612008
1A
Grider Residence
Page 4 of5
fj'fWdl. v-J
$04
Robert A Dunn
Interim Building Director
Collier County Building Department
2800 N. Horseshoe Drive
Naples, FL. 34104
Phone: 239-252-2442
Fax: 239-252-2906
From: SchmlttJoseph
Sent: Monday, November 19, 2007 12:08 PM
To: DunnBob
Subject: FW: Grider Residence
Bob - see Jim's email. I assume that the anchors are in just like any other shutter system.
'Joo
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-238512390
cell- 595-9751
"Balancing the demands of growth and the demands of the community"
From: mudd.,j
Sent: Monday, November 19, 2007 11:17 AM
To: SchmlttJoseph
Subject: RE: Grider Residence
Joe,
Does the structure have the anchoring hardware installed?
Jim
From: SchmittJoseph
Sent: Monday, November 19, 2007 7:38 AM
To: mudd.,j
Subject: FW: Grider Residence
Jim
2/6/2008
1A
Grider Residence
Page 5 of5
You asked about the windows and storm shutters approved for 2949 Lone Pine Lane, Olde Cypress, Permit #: 2006063048. The
.Jlans inITially called for impact glass. A revision was submitted and approved by the building department to change from Impact
glass to regular windows, and protected by plywood shutters. I stand corrected regarding plywood shutters, as long as they are
installed In accordance with Sect. 1609.1.4 of the FBC 2004 w/2006 supplements, Protection of Openings, this is an aliowable use
in 130 mph wind load areas and below. Olde Cypress is In the 130 mph wind load area.
Exceptions:
1. Wood structural panels with a minimum thickness of71J6inch (11.1 rom) and a maximum span of8 feet (2438
mm) shall be permitted for opening protection in one- and two-story buildings. Panels shall be precut so that they shall
be attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be
predrilled as required for the anchorage method and all required hardware shall be provided. Attachment shall be
designed to resist the components and cladding loads determined in accordance with the provisions of Section
1609.6.1.2 . with permanent corrosion-resistant attachment hardware provided and anchors permanently installed on
the building. Attachment in accordance with Table 1@2l4.> with permanent corrosion-resistant attachment hardware
provided and anchors permanently installed on the building, is permitted for buildings with a mean roof height of 45
feet (13 716 mm) or less where wind speeds do not exceed 140 mph (63 m/s)
~
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595.9751
"Baiancing the demands of growth and the demands of the community"
2/612008
1A
Page 1 of 1
Munoz, Silvia
From: luckel$am [SamTucker@colliergov.net]
Sent: Wednesday, October 03,20074:31 PM
To: hennlng_t
Subject: FW: Grider Sketch
Attachments: Grider Sketch.JPG
From: chrzanowskLs
Sent: Wednesday, October 03, 2007 4:28 PM
To:tuckersam
Subject:FVV:GriderSketch
Sam... this is the sketch that accompanies the surveying spreadsheet. Check the date and time.
Stme
Stan Chrzanowski, P.E.
Engineering Rewlew Department
"That whIch does not kill me...
postpones the ;nrvltable"
From: Stan Chrzanowski [mallto:SChrzanowsI<i2@comcast.net)
Sent: Sunday, August 05, 2007 7: 15 PM
fo: chrzanowskLs
Subject: Grider Sketch
U612008
lA
1A
FW: Henning re 12 A
Page 1 of 1
Munoz, Silvia
From: wight_d (DebbleWight@colliergov.net]
Sent: Monday, January 14, 20083:34 PM
To: hennlng_~ tuckersam
Cc: muddJ; ochsJ; SchmittJoseph
Subject: FW: Henning re 12 A
Commissioner Henning,
Please see response below re 12 A (Olde Cypress) as provided by Joe Schmitt. Thanks.
-Debbie
From: Sctvnltllosepb
Sent: Monday, January 14, 2008 3:20 PM
To: wlghLd
Cc: mudd.J; ochs_1
Subject: Ire Henning'" 12 A
Both Inspected and "finaled" for approval/CO pending resolution of the items noted on the TCO
1-
Joseph K. Schmitt
\dminlstrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: wighLd
Sent: Monday, January 14, 2008 2:53 PM
To: SchmittJoseph
Cc: mudd.J; ochs_1
Subject: Henning re 12 A
Importance: High
C. Henning would like to know the status on the shutters? CO'd yet?
Also, the balcony railing...CO'd yet?
Thanks.
-Debbie
2/612008
'7A
Page I of I
Munoz, Silvia
From: LeaSandra [sandralea@colliergov.net]
Sent: Thursday, December 27,2007 1 :35 PM
To: HalasFrank
Subject: FW: IRMA Message: Clay Brooker-Please Call
Hi Commissioner,
Clay Brooker has requested to meet with you prior to 1/15/08 regarding Item lOA on the BCC agenda - rmal
approval of road and drainage improvements for Santorini Villas at Olde Cypress. There was some controversy
over the developer for this project. This.is in District 3. Shall I schedule?
Thanks!
Sandy
From: IRMAOutlook
Sent: Thursday, December 27, 2007 1:16 PM
To: LeaSandra; SprfngsPaula; tuckersam; ResnlckLisa
Subject: IRMA Message: aay Brooker-Please Call
- Caller: Clay Brooker Company: Cheffy, Passidomo, Wilson & Johnson
H B (239) 261-9300 C
Message:
ref. Would like to schedule appointments with your commissioner referencing the Old Cypress PUD coming before BCC January
15th.
TELEPHONE MESSAGE
Sent By: HastingsKen&a
2/6/2008
1A
Page I of1
Munoz, Silvia
From: HastingsKendra [KendraHastings@colliergov.net]
Sent: Tuesday. January 08, 2008 3:38 PM
To: HalasFrank
Subject: FW: IRMA Message: Diane Ebert-Wants An Appointment-Please Call
Follow Up Flag: Follow up
Flag Status: Flagged
m Commissioner,
Your schedule is full unless you would like to meet with her at 11:00 a.m. on Thursday, just before you leave for
your lunch meeting at The Club on Pelican Bay.
Please advise.
Thank you,
Kendra
From: IRMADutlook
Sent: Tuesday, January OB, 200B 3:02 PM
To: LeaSandra; HastingsKendra
Subject: IRMA Message: Diane Ebert-Wants An Appoinbnent-Please Call
Caller: Diane Ebert Company:
H (239) 593-11 03 B C (239) 404-9265
Message: wants appointments with Comm. Halas and Comm. Fiala before 1/15/08
BCC meeting re: Olde Cypress.
TELEPHONE MESSAGE
Sent By: ResnickLisa
Sincerely,
Lisa Resnick
Executive Aide to the Board of County Commissioners
Collier County Government Center
3301 Tamiami Trail East, Building F
Naples, FL 34112
Tel. (239) 252-8097
Fax (239) 252-3602
lisaresnick@colliergQY..ru1
2/612008
'l/t
FW:OLDECYPRESSPRR
Page 1 of 1
Munoz, Silvia
From: GrimshawHeather [HeatherGrimshaw@colliergov.net]
Sent: Wednesday, October 10, 2007 11:45 AM
To: henning_t
Subject: FW: OlDE CYPRESS PRR
I have forwarded your request
Healnty Cjn.""snRw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: GrimshawHeather
Sent: Wednesday, October 10, 2007 11:44 AM
To: estradamaria
Cc: YbacetaEverildo
Subject: OLOE CYPRESS PRR
Marla,
. The Communication and Customer Relations Department received a public records request to identify those individual properties
within Olde Cypress that are out of compliance with their rear and/or side yard setbacks. For each property, please provide the
address/folio number, the specific details of their setback issue, e.g. by how much is each property out of compliance &
explanation of the issue for each property, and the actual required setbacks for those properties. The requestor of this PRR is
Commissioner Henning. Please keep me updated as to the status of this PRR. Thank you.
Heatner Cjn.l'I<SnRw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
2/6/2008
1A
FW' Olde Cypress fence permit
Page I of 4
Munoz, Silvia
From: henning_t [TomHenning@coJliergov.net]
Sent: Thursday, January 31, 2008 8:09 PM
To: Brian Stock
Cc: ochs-'
Subject: FW: Olde Cypress fence permit
Brian
There seem to be some confusion with the fence permit I will monitor the progress on our end. Tom
from: hennl"'9-t
sent: Thursday, January 31, 2008 8:02 PM
To: bspIYey@stodcdeYelopment.com
Cc maybenygen_lm.com; ochsj
SUbJec:t: 0Id0 Cypress fence permlt
Mr. Spivey
The permit is #2007120334.This permit can be track by going to
hlto'/Iapps colliergov neVcommdev/permits/tracking inspIDispPermits.cfm It was rejected by zoning staff on 11 December. Staff
asked for a cross-section showing the setback required for chain link from .the property and showing the proposed landscape
buffer. Beiow is the provisions out lined in the Land Development Code. I hope this information is helpfuL Please contact me if I
'urther assist you. Commissioner Henning
5.03.02 Fences and Walls
A. All districts.
1. Whenever a property owner elects to construct a chain link fence, pursuant to the provisions herein, adjacentto an
arterial or collector road in the urban coastal area, shall not be located closer than three (3) feet to the right-of-way or
properry line, and said fence shall be screened from view by planting a hedge of living plant material at a minimwn of
thirty (30) inches in height and spaced a distance apart that will achieve an opacity of eighty (80) percent sight-
obscuring screen within one (1) year of planting. An irrigation system shall be installed to ensure the continued
viability of the bedge as a visual screen of the chain link fence. This regulation shall not apply to single-family bomes.
a. Structures subject to section 5.05.08 Architectural & Site Design Standards must comply with the following
additional fencing standards:
i. Chain link and wood fences are prohibited forward of the primary facade and must be a minimum of 100 feet from a
public right-of-way. Chain link and wood fencing facing a public or private street must be screened with an irrigated
hedge planted directly in front of the fence on the street side. Plant material must be a minimum of three gallon in size
and planted no more than three feet on center at time of installation. Ibis plant material must be maintained at no less
than three-quarters of the height of the adjacent fence (See Illustration 5.03.02 A.La - I).
ii. Fences forward of the primary facade, excluding chain link and wood are permitted under the following conditions:
(a) Fences must not exceed four feet in height.
(b) The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height
for a minimum of 15 percent of its length with a deviation of at least 12 inches.
2/612008
1A
FW: Olde Cypress fence permit
Page 2 of 4
, c) The fence style must complement building style through material, color and design.
.. All fences and walls shall be of sound construction and shall not detract from the public health, safety, and welfare of
the general public.
3. All fences and waIls shall be maintained in a manner that will not detract from the neighborhood or community,
4. Barbed wire is authorized within agricultural, commercial, industrial districts and on fences surrounding raw water
weIls in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to
incarcerate individuals, i.e., ajail or penitentiaxy, or by appeal to the BZA.
5. No fence or wall within any district shall block the view of passing motorists or pedestrians so as to constitute a
hazard.
6. Fences and walls shall be constructed of conventional building materials such as, but not limited to, concrete block,
brick, wood, decorative iron or steel, and chain link.
7. Fences and walls shaIl be constructed to present the finished side of the fence or wall to the adjoining lot or any
abutting right-of-way. If a fence. wall, or continuous landscape hedge exists on the adjoining parcel, this provision may
be administratively waived where said request has been requested in writing.
8. When determined to be beneficial to the health, safety, and welfare of the public, the County Manager or designee
may approve an administrative variance from height limitations of fences and walls in all districts provided that at least
one (1) health, safety, or welfare standard peculiar to the property is identified, and that such approval does not set an
unwanted precedent by addressing a generic problem more properly corrected by an amendment to this Code.
9. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed wall or fence except
.s provided for within section 5.03.02 A.8. and 4.06.00.
B. Fence height measurement for all districts. The height of a fence or wall located outside of the building line shall be
measured from the ground level at the fence location. However, if the County Manager or designee determines that
ground levels have been altered so as to provide for a higher fence, the County Manager or designee shall determine the
ground level for the purposes of measuring the fence height. In determining whether the ground level has been altered
for the purposes of increasing the heightofthe fence, the County Manager or designee may consider, but is not limited
to, the following facts:
1. General ground elevation of the entire lot.
2. In the case of a lot with vaxying ground elevations, the average elevation over the length of the fence, and at points in
the vicinity of the fence.
3. The ground elevation on both sides of the fence. In measuring the fence height, the ground elevation on the side of
the fence location that iHt the lowest elevation shall be used as a point from which the fence height is to be measured.
4. Fences or walls shall be permittedprincipal uses; however. a fence or waIl shall not, in any way, constitute a use or
structure, which permits, requires, and/or provides for any accessory uses and/or structures.
C. Residential zoning districts. For the purposes of this section, residential districts shall include: RSF, RMF-6, RMF-
12, RMF-16,- RT, VR, MH, and TTRVC zoning districts, and the residential increments ofPUD zoning districts.
Fences and walls placed within required yards shall be subject to the following:
1.. Fences or walls on lots greater than one (1) acre in area may reach a maximum height of six (6) feet; except forraw
Nater weIls, for which the allowable height is eight (8) feet.
2/6/2008
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FW: OJde Cypress fence permit
Page 3 of4
2. For non-waterfront interior lotsone (I) acre or less in area, fences or walls may reach a maximum height of six (6)
:eet for side and rear yards, but are limited to four (4) feet within the required front yard.
3. For waterfront lotsone (I) acre or less in area, height limits are as for non-waterfront lots, but with the additional
restriction that fences or walls within the required rear yard are limited to four (4) feet.
4. For comer lots one (1) acre or less in area, which by definition have only front yards and side yards, fences within
required front yards are limited to four (4) feet in height, with the exception that any portion ofa frontyard fence within
the safe sight triangle described in section 6.06.05 of this Code is restricted to three (3) feet in height. (Two (2) sides of
this triangle extend thirty (30) feet along the property lines from the point where the right-of-way lines meet, and the
third side is a line connecting the other two (2).) Fences within required side yards may reach six (6) feet in height.
5. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the
Board of Zoning Appeals may allow the use of barbed wire in conjunction with chain link fencing for facilities where a
security hazard may exist, such as a utility substation, sewage treatment plant, or similar use.
D. Agricultural districts. For the purposes of this section, agriculturaJ districts shall include: A, E, and CON zoning
districts. Fences and walls within agricultural districts shall be exempt from height and type of construction
requirements.
E. Commercial and industrial districts.
I. Industrial Districts [Non-residential development]. Fences or walls in industrial districts not subject to section
5.05.08 shall be limited to eight (8) feet in height
2. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, said
IOnresidential development shall provide a masonry wall or prefabricated concrete wall and/or fence.
3. If located on a contiguous property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight
(8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district.
4. If located on a property opposite a residentially zoned district but fronting on a local street, or the properties are
separated by a platted alley, the wall and/or fence shall be located a minimum of three (3) feet from the rear of the
right-of-way landscape buffer line and shall be four (4) feet in height.
5. On properties which front on more than one (I) street, a six (6) foot high wall and/or fence shall be required along
the street which is opposite the primary ingress and egress point of the project along the street frontage which is
adjacent to the rear of the project.
F. At theappJicant's request, the County Manager or designee may determine that a masonry wall and/or fence is not
warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation
exists between the residential development and the nomesidential development, or for other good cause including the
existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this
section can be effectively accomplished, without constructing a wall, by submitting for approval an alternative design
and a descriptive narrative through the administrative variance process set forth in subsection 5.03.02(A)(8) of this
Code. The County Manager or designee shall review the submitted documents for consistency with the intent of this
section and, if the administrative variance is approved, the approval and its basis shall be stated in the site development
plan approval letter.
G. Vegetative plantings shall be located external to the wall and/or fence such that fifty (50) percent of the wall and/or
'cnce is screened within one (I) year of the installation of said vegetative material. An irrigation system shall be
2/6/2008
1~
FW: Olde Cypress fence pennit
Page 4 of 4
'nsta1led to ensure the continued viability of the vegetative. screen.
H. These regulations shaH not be construed to require a masonry wall and/or fence for commercial development
fronting on anarleriaJ or collector roadway where the opposite side of such roadway is zoned residential or to be
otherwise inconsistent with the provisions of section 5.05.08(B) of this Code.
1. A wall and/or fence shall be constructed following site plan approval but prior to any vertical construction or any
other type of improvement resulting from the issuance of a building pennit Special circumstances may warrant
constructing the wall and/or fence in phases depending upon the location of affected residential areas and after vertical
construction commences.
(Ord. No. 05-27, 9 3.EE)
2/612008
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FW: Olde Cypress fence permit
Page 1 of4
Munoz, Silvia
From: henning_t [TomHennlng@colliergov.net]
Sent: Thursday, January 31, 2008 8:10 PM
To: jodiebert@comcastnet
Subject: FW: Dlde Cypress fence permit
From: hennln!U
Sent: Thursday, January 31, 2008 8:09 PM
To: 'Brian 5tocX1
Cc: od1sJ
Subject: fW: Olde Cyprm fence permll
Brian
There seem to be some confusion with the fence permit. I will monitor the progress on our end. Tom
Frotlll henning_I
Sent: Thursday,lanuary 31, 2008 8:02 PM
To: bsplvey@>stockdevelopnl<!nt.CXlm
CC: maybenygene@lalm,com; od1s_1
<;Ubject: OIde Cypress fence permft
Mr. Spivey
The permit is #2007120334.This permit can be track by going to
htto:/Iaoos.collieraov.neVcommdevlpermltsltrackina insolDisoPermits.cfrn It was rejected by zoning staff on 11 December. Staff
asked for a cross-section showing the setback required for chain link fro.m the property and showing the proposed landscape
buffer. Below is the provisions outlined in the land Development Code. I hope this information is helpful. Please contact me if I
further assist you. Commissioner Henning
5.03.02 Fences and Walls
A. All districts.
1. Whenever a property owner elects to construct a chain link fence, pursuant to the provisions herein, adjacentlo an
arterial or collector road in the urban coastal area, shall not be located closer than three (3) feet to the right-of-way or
property line, and said fence shall be screened from view by planting a hedge of living plant material at a minimum of
thirty (30) inches in height and spaced a distance apmt that will achieve an opacity of eighty (80) percent sight-
obscuring screen within one (I) year of planting. An irrigation system shall be installed to ensure the continued
viability of the hedge as a visual screen of the chain link fence. This regulation shall not apply to single-family homes.
a. Structures subject to section 5.05.08 Architectural & Site Design Standards must comply with the following
additional fencing standards:
i. Chain link and wood fences are prohibited forward of the primary facade and must be a minimum of 100 feet from a
public right-of-way. Chain link and wood fencing facing a public or private street must be screened with an irrigated
ledge planted directly in front of the fence on the street side. Plant material must be a minimum of three gallon in size
2/6/2008
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FW: Olde Cypress fence permit
Page 2 of 4
md planted no more than three feet on center at time of installation. nus plant material must be maintained at no less
han three-quarters of the height of the adjacent fence (See Illustration 5.03.02 A. La - I).
ii. Fences forward of the primary facade, excluding chain link and ~od are permitted under the following conditions:
(a) Fences must not exceed four feet in height
(b) The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height
for a minimum of 15 percent ofits length with a deviation of at least 12 inches.
(c) The fence style must complement building style through material, color and design.
2. All fences and walls shall be of sound construction and shall not detract from the public health, safety, and welfare of
the general public.
3. All fences and walls shall be maintained in a manner that will not detract from the neighborhood or community.
4. Barbed wire is authorized within agricultural, commercial, industrial districts and on fences surrounding raw water
wells in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to
incarcerate individuals, i.e., a jail or penitentiary, or by appeal to the BZA.
5. No fence or wall within any district shall block the view of passing motorists or pedestrians so as to constitute a
hazard.
6. Fences and walls shall be constructed of conventional building materials such as, but not limited to, concrete block,
brick, wood, decorative iron or steel, and chain link.
7. Fences and walls shall be constructed to present the fmished side of the fence or wall to the adjoining lot or any
abutting right-of-way. If a fence, wall, or continuous landscape hedge exists on the adj oining parcel, this provision may
)e administratively waived where said request has been requested in writing.
8. When determined to be beneficial to the health, safety, and welfare of the public, the County Manager or designee
may approve an administrative variance from height limitations of fences and walls in all districts provided that at least
one (I) health, safety, or welfare standard peculiar to the property is identified, and that such approval does not set an
unwanted precedent by addressing a generic problem more properly corrected by an amendment to this Code.
9. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed wallar fence except
as provided for within section 5.03.02 A.8. and 4.06.00.
B. Fence height measurement for all districts. The height of a fence or wall located outside of the building line shall be
measured from the ground level at the fence location. However, if the County Manager or designee determines that
ground levels have been altered so as to provide for a higher fence, the County Manager or designee shall determine the
ground level for the purposes of measuring the fence height. In determining whether the ground level has been altered
for the purposes of increasing the heightofthe fence, the County Manager or designee may consider, but is not limited
to, the following facts:
I. General ground elevation of the entire lot.
2. In the case of a lot with varying ground elevations, the average elevation over the length of the fence, and at points in
the vicinity of the fence.
3. The ground elevation on both sides of the fence. In measuring the fence height, the ground elevation on the side of
the fence location that is at the lowest elevation shall be used as a point from which the fence height is to be measured.
t Fences or walls shall be permittedprincipal uses; however, a fence or wall shall not, in any way, constitute a use or
2/612008
1A
FW: Olde Cypress fence permit
Page 3 of4
structure, which permits, requires, and/or provides for any accessory uses and/or structures.
C. Residential zoning districts. For the purposes of this section, residential districts shall include: RSF, RMF-6, RMF-
12, RMF-16,- RT, VR, MH, and TTRVC zoning districts, and the residential increments ofPUD zoning districts.
Fences and walls placed within required yards shall be subject to the following:
I. Fences or walls on lots greater than one (I) acre in area may reach a maximum height ofsix (6) feet; except for raw
water wells, for which the allowable height is eight (8) feet.
2. For non-waterfront interior lotsone (I) acre or less in area, fences or walls may reach a maximum height of six (6)
feet for side and rear yards, but are limited to four (4) feet within the required front yard.
3. For waterfront lotsone (1) acre or less in area, height limits are as for non-waterfront lots, but with the additional
restriction that fences or walls within the required rear yard are limited to four (4) feet.
4. For comer lots one (I) acre or less in area, which by definition have only front yards and side yards, fences within
required front yards are limited to four (4) feet in height, with the exception that any portion ofa frontyard fence within
the safe sight triangle described in section 6.06.05 of this Code is restricted to three (3) feet in height. (Two (2) sides of
this triangle extend thirty (30) feet along the property lines from the point where the right-of-way lines meet, and the
third side is a line connecting the other two (2).) Fences within required side yards may reach six (6) feet in height.
5. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the
Board of Zoning Appeals may allow the use of barbed wire in conjunction with chain link fencing for facilities where a
security hazard may exist, such as a utility substation, sewage treatment plant, or similar use.
). Agricultural districts. For the purposes of this section, agricultural districts shall include: A. E, and CON zoning
districts. Fences and walls within agricnltural districts shall be exempt from height and type of construction
requirements.
E. Commercial and industrial districts.
1. Industrial Districts [Non-residential development]. Fences or walls in industrial districts n9t subject to section
5.05.08 shall be limited to eight (8) feet in height.
2. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, said
nonresidential development shall provide a masonry wall or prefabricated concrete wall and/or fence.
3. Iflocated on a contiguous property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight
(8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district.
4. If located on a property opposite a residentially zoned district but fronting on a local street, or the properties are
separated by a platted alley, the wall and/or fence shall be located a minimum of three (3) feet from the rear of the
right-of-way landscape buffer line and shall be four (4) feet in height.
5. On properties which front on more than one (I) street, a six (6) foot high wall and/or fence shall be required along
the street which is opposite the primary ingress and egress point of the project along the street frontage which is
adjacent to the rear of the project.
F. At theapplicant's request, the County Manager or designee may determine that a masonry wall and/or fence is not
warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation
;xists between the residential development and the nonresidential development, or for other good cause including the
2/6/2008
'lA
FW: Olde Cypress fence permit
Page 4 of4
existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this
;ection can be effectively accomplished, without constructing a wall, by submitting for approval an alternative design
and a descriptive narrative through the administralive variance process set forth in subsection 5.03.02(A)(8) of this
Code. The County Manager or designee shall review the submitted documents for consistency with the intent of this
section and, if the administrative variance is approved, the approval and its basis shall be stated in the site development
plan approval letter.
G. Vegetative plantings shall be located external to the wall and/or fence such that fifty (50) percent of the wall and/or
fence is screened within one (1) year of the installation of said vegetative material. An irrigation system shall be
installed to ensure the continued viability of the vegetative screen.
H. These regulations shall not be construed to require a masonry wall and/or fence for commercial development
fronting on anarterial or collector roadway where the opposite side of such roadway is zoned residential or to be
otherwise inconsistent with the provisions of section 5.05.08(B) of this Code.
I. A wall and/or fence shall be constructed following site plan approval but prior to any vertical construction or any
other type of improvement resulting from the issuance of a building permit. Special circumstances may warrant
constructing the wall and/or fence in phases depending upon the location of affected residential areas and after vertical
construction commences.
(Ord. No. 05-27, ~ 3.EE)
2/6/2008
1A
FW: Olde Cypress fence permit
Page I of4
Munoz, Silvia
From: hennlng_t [TomHenning@colllergov.netj
Sent: Thursday, January 31, 2008 8:03 PM
To: Steven J. Cox
Subject: FW: Olde Cypress fence permit
from: hennlng,.,t
Sent: Thursday, January 31, 2008 8:02 PM
To: 'bsplveyC!>slDdaIeveIopmentcom'
Cc: 'maybenygene@alm.coml; odlsJ
SUbject: Old. Cypress fence permit
Mr. Spivey
The permlris #2007120334.This permit can be track by going to
hllP'/Japps colliergov netlcommdev!permitsltracking insplDisoPermits.cfm It was rejected by zoning staff on 11 December. Staff
asked for a cross-section showing the setback required for chain link from the property and showing the proposed landscape
buffer. Below is the provisions out lined in the Land Development Code. I hope this information is helpful. Please contact me if I
further assist you. Commissioner Henning
5.03.02 Fences and Walls
A. All districts.
I. Whenever a property owner elects to construct a chain link fence, pursuant to the provisions herein, adjacentto an
arterial or collector road in the urban coastal area, shall not be located closer than three (3) feet to the right-of-way or
property line, and said fence shall be screened from view by planting a hedge of living plant material at a minimum of
thirty (30) inches in height and spaced a distance apart that will achieve an opacity of eighty (80) percent sight-
obscuring screen within one (I) year of planting. An irrigation system shall be installed to ensure the continued
viability of the hedge as a visual screen of the chain link fence. This regulation shall. not apply to single-family homes.
a. Structures subject to section 5.05.08 Architectural & Site Design Standards must comply with the following
additional fencing standards:
i. Chain link and wood fences are prohibited forward of the primary facade and must be a minimum of 100 feet from a
public right-of-way. Chain link and wood fencing facing a public or private street must be screened with an irrigated
hedge planted directly in front of the fence on the street side. Plant material must be a minimum of three gallon in size
and planted no more than three 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 lIlustration 5.03.02 A.1.a. - 1).
ii. Fences forward of the primary facade, excluding chain link and wood are permitted under the following conditions:
(a) Fences must not exceed four feet in height.
(b) The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height
for a minimum of 15 percent of its length with a deviation of at least 12 inches.
(c) The fence style must complement building style through material, color and design.
2. All fences and walls shall be of sound construction and shall not detract from the public health, safety, and welfare of
2/6/2008
1~
FW: Olde Cypress fence permit
Page 2 of 4
'he general public.
3. All fences and walls shall be maintained in a manner that will not detract from the neighborhood or community.
4. Bar~ wire is authorized within agricultural, commercial, industrial districts and on fences surrounding raw water
wells in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to
incarcerate individuals, i.e., ajail or penitentiary, or by appeal to the BZA.
5. No fence or wall within any district shall block the view of passing motorists or pedestrians so as to constitute a
hazard.
6. Fences and walls shall be constructed of conventional building materials such as, but not limited to, concrete block,
brick, wood, decorative iron or steel, and chain link.
7. Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining lot or any
abutting right-of-way. If a fence, wall, or continuous landscape hedge exists on the adjoining parcel, this provision may
be administratively waived where said request has been requested in writing.
8. When determined to be beneficial to the health, safety, and welfare of the public, the County Manager or designee
may approve an administrative variance from height limitations of fences and walls in all districts provided that at least
one (I) health, safety, or welfare standard peculiar to the property is identified, and that such approval does not set an
unwanted precedent by addressing a generic problem more properly corrected by an amendment to this Code.
9. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed wall or fence except
as provided for within section 5.03.02 A.8. and 4.06.00.
3. Fence height measurement for all districts. The height of a fence or wall located outside of the building line shall be
measured from the ground level at the fence location. However, if the County Manager or designee determines that
ground levels have been altered so as to provide for a higher fence, the County Manager or designee shall determine the
ground level for the purposes of measuring the fence height In determining whether the ground level has been altered
for the purposes of increasing the heightof the fence, the County Manager or designee may consider, but is not limited
to, the following facts:
1. General ground elevation of the entire lot.
2. In the case of a lot with varying ground elevations, the average elevation over the length of the fence, and at points in
the vicinity of the fence.
3. The ground elevation on both sides of the fence. In measuring the fence height, the ground elevation on the side of
the fence location that is at the lowest elevation shall be used as a point from which the fence height is to be measured.
4. Fences or walls shall be permittedprincipal uses; however, a fence or wall shall not, in any way, constitute a use or
structure, which permits, requires, and/or provides for any accessory uses and/or structures.
C. Residential zoning districts. For the purposes of this section, residential districts shall include: RSF, RMF-6, RMF-
12, RMF-16,- RT, VR, MH, and TTRVC zoning districts, and the residential increments ofPUD zoning districts.
Fences and walls placed within required yards shall be subject to the following:
1. Fences or walls on lots greater than one (I) acre in area may reach a maximum height of six (6) feet; except for raw
water wells, for which the allowable height is eight (8) feet
2. For non-waterfront interior lotsone (I) acre or less in area, fences or walls may reach a maximum height of six (6)
2/6/2008
1A
FW: Olde Cypress fence permit
Page 3 of4
feet for side and rear yards. but are limited to four (4) feet within the required front yard.
3. For waterfront lotsone (1) acre or less in area, height limits are as for non-waterfront lots, but with the additional
restriction that fences or walls within the required rear yard are limited to four (4) feet.
4. For comer lots one (1) acre or less in area, which by definition have only front yards and side yards, fences within
required front yards are limited to four (4) feet in height, with the exception that any portion of a frontyard fence within
the safe sight triangle described in section 6.06.05 of this Code is restricted to three (3) feet in height. (Two (2) sides of
this triangle extend thirty (30) feet along the property lines from the point where the right-of-way lines meet, and the
third side is a line connecting the other two (2).) Fences within required side yards may reach six (6) feet in height.
5. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the
Board of Zoning Appeals may allow the use of barbed wire in conjunction with chain link fencing for facilities where a
security hazard may exist, such as a utility substation, sewage treatment plant, or similar use.
D. Agricultural districts. For the pmposes of this section, agricultural districts shall include: A, E, and CON zoning
districts. Fences and walls within agricultural districts shall be exempt from height and type of construction
requirements.
E. Commercial and industrial districts.
1. Industrial Districts (Non-residential development]. Fences or walls in industrial districts not subject to section
5.05.08 shall be limited to eight (8) feet in height.
2. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, said
nonresidential development shall provide a masonry wall or prefabricated concrete wall and/or fence.
3. Iflocated on a contiguous property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight
(8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district.
4. If located on a property opposite a residentially zoned district but fronting on a local street, or the properties are
separated by a platted alley, the wall and/or fence shall be located a minimum of three (3) feet from the rear of the
right-of-way landscape buffer line and shall be four (4) feet in height.
5. On properties which front on more than one (1) street, a six (6) foot high wall and/or fence shall be required along
the street which is opposite the primary ingress and egress point of the project along the street frontage which is
adjacent to the rear of the project.
F. At theapplicant's request, the County Manager or designee may detennine that a masonry wall and/or fence is not
warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation
exists between the residential development and the nonresidential development, or for other good cause including the
existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this
section can be effectively accomplished, without constructing a wall, by submitting for approval an alternative design
and a descriptive narrative through the administrative variance process set forth in subsection 5.03.02(A)(8) of this
Code. The County Manager or designee shall review the submitted documents for consistency with the intent of this
section and, if the administrative variance is approved, the approval and its basis shall be stated in the site development
plan approval letter .
G. Vegetative plantings shall be located external to the wall and/or fence such that fifty (50) percent of the wall and/or
fence is screened within one (1) year of the installation of said vegetative material. An irrigation system shall be
nstalled to ensure the continued viability of the vegetative screen.
2/612008
1A
FW: Ol~; Cypress fence permit
Page 4 of4
H. These regulations shall not be construed to require a masonry wall and/or fence for commercial development
.ronting on anarteriaJ or collector roadway where the opposite side of such roadway is zoned residential or to be
otherwise inconsistent with the provisions of section 5.05.08(B) of this Code.
I. A wall and/or fence shall be constructed following site plan approval but prior to any vertical construction or any
other type of improvement resulting from the issuance of a building permit. Special circumstances may warrant
constructing the wall and/or fence in phases depending upon the location of affected residential areas and after vertical
construction commences.
(Ord. No. 05-27, SHE)
2/6/2008
1A
OLDE CYPRESS PRR
Page 1 of3
Munoz, Silvia
From: GrimshawHeather [HeatherGrimshaw@CXllliergov.net]
Sent: Friday, October 19, 20074:47 PM
To: henning_t
Subject: FW: aLOE CYPRESS PRR
'Commissioner,
Could you please request this information directly from the County Menager?
t-teatl1tr c;rtlM.sl1aw
Citizen Liaison
Communication & Customer Relations
.Phone: 239-252-8069
From: GrimshawHeather
Sent: Friday, October 19, 2007 2:44 PM
To: KoehlerUsa
Cc: mudd.J; henning_t
Subject: FW: aLOE CYPRESS PRR
Lisa,
Commissioner Henning does not need additional documents. He would like to know how setbacks were determined if a survey
was not part of the application. Also, he was provided a copy of permit 2002050954 with a survey but does not see on the survey
where there's a setback violation for that particular property. Thank you.
t-ttatl1tr c;rtlM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: GrlmshawHeather
Sent: Friday, October 19, 2007 10:12 AM
To: KoehlerUsa
Cc: mudd.J; hennlng_t
SUbject: FW: OLOE CYPRESS PRR
Lisa,
Good morning. Thank you for the records you recently provided on aide Cypress. Could you please assist me with a few follow
up questions about those properties determined to be out of compliance with their rear and/or side yard setbacks?
COES provided Commissioner Henning copies of 7 permit applications. Are there not a total of 18 properties in question of
setback violations? If so, where is the permit Info for the remaining 11 properties and could you please provide these? Of the 7
property files received, only 3 surveys were included. Were surveys submitted to COES for the other 4 properties and why were
these not included in the information provided to Commissioner Henning? If surveys were not provided as part of the permit
.pplications for all 18 properties, how was it possible to determine their actual setbacks? Were other means used to determine
2/6/2008
1A
OLDE CYPRESS PRR
Page 2 of3
-" *lose setbacks and if so, what were those methods? Thank you.
Htatl1er c;rtlM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: estradamarla
Sent: Monday, October 15, 2007 1:59 PM
To: GrimshawHeather
Su bject: RE: aLOE CYPRESS PRR
Received 10 files from archives today and 8 are stili pending delivery.
From: GrlmshawHeather
Sent: Monday, October 15, 2007 1:57 PM
To: estradamarla
Subject: RE: OLOE CYPRESS PRR
Maria,
Commissioner Henning just stopped by to see if the report is available and mentioned he's in today and tomorrow. Please let me
know if I can help pick It up If it's done in the near future. Thanks.
t-teatl1er c;r',lM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: estradamarla
Sent: Saturday, October13, 2007 2:11 PM
To: GrlmshawHeather
Subject: RE: OLOE CYPRESS PRR
Partial report is complete but waiting on 18 files to finish report.
Maria
From: GrlmshawHeather
Sent: FrI1O/12/2007 8:06 PM
To: estradamarla
Co: YbacetaEverildo
Subject: P-N: OLOE CYPRESS PRR
Maria,
,_. Couid I get a status update on this early next week? Thanks.
rleather
2/6/2008
1A.
OLVE CYPRESS PRR
Page 3 of3
From: GrimshawHeather
Sent: Wed 10/10/2007 11:44 AM
To: estradamarla
Co: YbacetaEverlldo
Subject: OLOE CYPRESS PRR
Maria,
The Communication and Customer Relations Department received a public records request to Identify those individual properties
within aide Cypress that are out of CXlmpllance with their rear and/or side yard setbacks. For each property, please provide the
address/folio number, the specific details of their setback issue, e.g. by how much is each property out of compliance &
explanation of the issue for each property, and the actual required setbacks for those properties. The requestor of this PRR is
Commissioner Henning. Please keep me updated as to the status of this PRR. Thank you.
Htatl1er c;rtlM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
2/6/2008
'1A
OLDE CYPRESS PRR
Page 1 of3
Munoz, Silvia
From: GrimshawHeather [HeatherGrimshaw@CXllliergov.net]
Sent: Friday, October 19, 2007 2:44 PM
To: KoehlerLlsa
ec: mudd.J; henning_t
Subject: FW: aLOE CYPRESS PRR
Lisa,
Commissioner Henning does not need additional documents. He would like to know how setbacks were determined if a survey
was not part of the application. Also, he was provided a copy of permit 2002050954 with a survey but does not see on the survey
where there's a setback violation for that particular property. Thank you.
Heat~er c;rl.lM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: GrlmshawHeather
Sent: Friday, October 19, 2007 10:12 AM
To: KoehlerLlsa
Co: mudd.J; henning_t
Subject: FW: OLOE CYPRESS PRR
Lisa.
Good moming. Thank you for the records you recently provided on aide Cypress. Could you piease assist me with a few follow
up questions about those properties determined to be out of compliance with their rear and/or side yard setbacks?
COES provided Commissioner Henning copies of 7 permit applications. Are there not a total of 18 properties in question of
setback violations? If so, where is the permit info for the remaining 11 properties and could you please provide these? Of the 7
property files received, only 3 surveys were included. Were surveys submitted to CDES for the other 4 properties and why were
these not included in the information provided to Commissioner Henning? If surveys were not provided as part of the permit
applications for all 18 properties, how was it possible to determine their actual setbacks? Were other means used to determine
those setbacks and ff so, what were those methods? Thank you.
Heatl1tr c;ri.lM.Sl1aw
Citizen Liaison
Communication & Customer Reiations
Phone: 239-252-8069
From: estradamaria
Sent: Monday, October lS, 2007 1:59 PM
To: GrlmshawHeather
Subject: RE: OLOE CYPRESS PRR
Received 10 files from archives today and 8 are stili pending delivery.
2/6/2008
f\A
OLDE CYPRESS PRR
Page 2 on
rom: GrtmshawHeather
Sent: Monday, October 15, 2007 1:S7 PM
To: estradamarla
Subject: RE: aLOE CYPRESS PRR
Maria,
Commissioner Henning just stopped by to see if the report is available and mentioned he's in today and tomorrow. Please let me
know if I can help pick It up if it's done in the near future. Thanks.
t-ttatl1er c;tilM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: estradamaria
Sent: Saturday, October 13, 2007 2:11 PM
To: GrlmshawHeather
Subject: RE: aLOE CYPRESS PRR
Partial report is complete but waiting On 18 files to finish report.
Maria
From: GrlmshawHeather
Sent: Frl 10/12/2007 8:06 PM
To: estradamarla
Cc: YbacetaEverlldo
Subject: FW: aLOE CYPRESS PRR
Maria,
Could I get a status update on this early next week? Thanks.
Heather
From: GrtmshawHeather
Sent: Wed 10/10/2007 11:44 AM
To: esl:nldamarla
Cc: ybacetaEverildo
Subject: OLOE CYPRESS PRR
Maria,
The Communication and Customer Relations Department received a public records request to identify those individual properties
within Olde Cypress that are out of CXlmpliance with their rear and/or side yard setbacks. For each property, please provide the
addresslfolio number, the specific details of their setback issue, e.g. by how much is each property out of compliance &
explanatfon of the issue for each property, and the actual required setbacks for those properties. The requestor of this PRR is
Commissioner Henning. Please keep me updated as to the status of this PRR. Thank you.
2/6/2008
'lA
OLDE CYPRESS PRR
'--teatl1er c;rf.lM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-a069
2/6/2008
Page 3 of3
~A
OLDE CYPRESS PRR
Page 1 of2
Munoz, Silvia
From: GrimshawHeather [HeatherGrlmshaw@colliergov.net]
Sent: Friday, October 19, 200710:12 AM
To: KoehlerLisa
Cc: mudd.J; henning_t
Subject: FW: aLOE CYPRESS PRR
Lisa,
Good moming. Thank you for the records you recently provided on Olde Cypress. Could you please assist me with a few follow
up questions about those properties determined to be out of compliance with their rear and/or side yard setbacks?
CDES provided Commissioner Henning copies of 7 permit applications. Are there not a total of 18 properties in question of
setback violations? If so, where is the permit info for the remaining 11 properties and could you please provide these? Of the 7
property files received, only 3 surveys were included. Were survey~ submitted to COES for the other 4 properties and why were
these not included in the information provided to Commissioner Henning? If surveys were not provided as part of the permit
applications for all 18 properties, how was It possible to defermine their actuai setbacks? Were other means used to determine
those setbacks and If so, what were those methods? Thank you.
t-teatl1er c;rtlM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: estradamaria
Sent: Monday, October 15, 2007 1:59 PM
To: GrimshawHeather
Subject: RE: OLDE CYPRESS PRR
Received 10 flies from archives today and 8 are stili pending delivery.
From: GrimshawHeather
Sent: Monday, October 15, 2007 1:57 PM
To: estradamarla
SUbject: RE: OLOE CYPRESS PRR
Maria,
Commissioner Henning just stopped by to see If the report is available and mentioned he's In today and tomorrow. Please let me
know if I can help pick it up if ifs done in the near future. Thanks.
Heatl1er c;rilM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: estradamaria
2/612008
'1~
OLDE CYPRESS PRR
Page 2 of2
<;ant: Saturday, October 13, 20072:11 PM
0: GrlmshawHeather
Subject: RE: aLOE CYPRESS PRR
Partial report is complete but waiting on 18 files to finish report.
Marla
From: GrimshawHeather
Sent: Frll0/12/2oo7 8:06 PM
To: estradamaria
Cc: YbacetaEverildo
Subject: fIN: OLDE CYPRESS PRR
Maria,
Could I get a status update on this early next week? Thanks.
Heather
From: GrlmshawHeather
Sent: Wed 10/10/2007 11:44 AM
To: estradamaria
Cc: YbacetaEverlldo
Subject: OLOE CYPRESS PRR .
...laria,
The Communication and Customer Relations Department received a public records request to identify those individual properties
within Olde Cypress that are out of compliance with their rear and/or side yard setbacks. For each property, piease provide the
address/folio number, the specific details of their setback issue, e.g. by how much is each property out of CXlmpliance &
explanation of the issue for each property, and the actual required setbacks for those properties. The requestor of this PRR is
Commissioner Henning. Piease keep me updated as to the status of this PRR. Thank you.
t-ttatl1er c;n.lM.Sl1aw
Citizen liaison
Communication & Customer Relations
Phone: 239-252-6069
2/6/2008
11\
OLDE CYPRESS PRR
Page 1 of3
Munoz, Silvia
From: GrimshawHeather [HeatherGrimshaw@colliergov.net]
Sent: Friday, October 19, 2007 9:23 AM
To: hennlng_t
Subject: FW: aLOE CYPRESS PRR
Importance: High
Commissioner,
In follow up to our phone CXlnversation, is this what you would like me to asK?
Lisa [Koehler],
Good morning. Thank you for the records you recently provided on aide Cypress. Could you please assist me with a few follow
up questions about those properties determined to be out of compliance with their rear a~dlor side yard setbacks?
CDES provided Commissioner Henning copies of 7 permit applications. Are there not a total of 18 properties in question of
setback violations? If so, where is the permit info for the remaining 11 properties and could you please provide these? Of the 7
property files received, only 3 surveys were included. Were surveys submitted to CDES for the other 4 properties and why were
these not included in the information provided to Commissioner Henning? If surveys were not provided as part of the permit
applications for all 18 properties, how was it possible to determine their actual setbacks? Were other means used to determine
those setbacks and if so, what were those methods? Thank you.
.-ttlltl1er c;rtlM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: GrlmshawHeather
Sent: Wednesday, October 17, 2007 4:42 PM
To: hennlng_t
Subject: FW: OLOE CYPRESS PRR
I delivered the documents to the BCC front desk. Thank you.
t-ttatl1er c; rLlM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: GrlmshawHeather
Sent: Wednesday, October 17, 2007 12:07 PM
To: hennlng_t
Subject: FW: OLOE CYPRESS PRR
Commissioner,
2/612008
1A
OLDE CYPRESS PRR
Page 2 of3
I am going over to CDES shortly to pick up some items, including the info you requested. I'll keep you updated.
Heatl1er c;ri.lM.Sl1aw
Citizen liaison
Communication & Customer Relations
Phone: 239-252-8069
From: GrlmshawHeather
Sent: Monday, October 15, 2007 2:01 PM
To: henniJl!Lt
SUbject: FW: aLOE CYPRESS PRR
Update.
t-ttQtl1tr qi.lM.sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: estradamarla
Sent: Monday, October 15, 2007 1:59 PM
To: GrlmshawHeather
.ubject: RE: OLDE CYPRESS PRR
Received 10 flies from archives today and 8 are still pending delivery.
From: GrlmshawHeather
Sent: Monday, October 15, 2007 1: 57 PM
To: estradamarla
SUbject: RE: OLDE CYPRESS PRR
Maria,
Commissioner Henning just stopped by to see If the report is available and mentioned he's in today and tomorrow. Please let me
know if I can help pick it up if ~'s done in the near future. Thanks.
t-ttatl1er qi-IM.SI1"w
Citizen Liaison
Communication & Customer Relations
Phone; 239-252-8069
From: estradamarla
Sent: Saturday, October 13, 2007 2:11 PM
To: GrlmshawHeather
_.Subject: RE: aLOE CYPRESS PRR
'artiai report is complete but waiting on 18 files to finish report.
2/612008
1A
OLDE CYPRESS PRR
Page 3 of3
laMa
From: GrimshawHeather
Sent: Fri 10/12/2007 8:06 PM
To: estradamarla
Co: YbacetaEverildo
SUbject: FW: OLOE CYPRESS PRR
Maria,
Could I gel a status update on this early next week? Thanks.
Heather
From: GrlmshawHeather
Sent: Wed 10/10/2007 11:44 AM
To: estradamarla
Co: YbacetaEverildo
SUbject: OLOE CYPRESS PRR
Maria,
The Communication and Customer Relations Department received a public records request to identify those individual properties
within aide Cypress that are out of compliance with their rear and/or side yard setbacks. For each property, please provide the
ddresslfolio number, the specific details of their setback issue, e.g. by how much is each property out of compliance &
explanation of the issue for each property, and the actual required setbacks for those properties. The requestor of this PRR is
Commissioner Henning. Please keep me updated as to the status of this PRR. Thank you.
t-ttatl1er c;r~lM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
2/6/2008
1A
OLDE CYpRESS PRR
Page 1 of3
Munoz, Silvia
From: GrimshawHeather [HeatherGrimshaw@CXllliergov.net]
Sent: Wednesday, October 17, 2007 4:42 PM
To: hennlng_t
SubJec;t: FW: OLDE CYPRESS PRR
I delivered the documents to the BCC front desk. Thank you.
Heatl1er c;rLlM.Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: GrlmshawHeather
Sent: Wednesday, October 17, 2007 12:07 PM
To: hennln9-t
Subject: FW: aLOE CYPRESS PRR
Commissioner,
I am going over \0 CDES shortly to pick up some items, Including the info you requested. "II keep you updated.
t-ttatl1er c;rLlM.sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: GrimshawHeather
Sent: Monday, October 15, 2007 2:01 PM
To: hennlng_t
Subject: FW: aLOE CYPRESS PRR
Update.
Heatl1er c;rtw.sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: estradamaria
Sent: Monday, October 15, 2007 1:S9 PM
To: GrlmshawHeather
Subject: RE: aLOE CYPRESS PRR
2/6/2008
1A
OLDE CYPRESS PRR
Page 2 of3
'{ecelved 10 files from archives today and 8 are stili pending delivery.
From: GrimshawHeather
Sent: Monday, October 15, 2007 1:57 PM
To: estradaniaria
SUbject: RE: aLOE CYPRESS PRR
Maria,
Commissioner Henning just stopped by to see if the report is available and mentioned he's in today and tomorrow. Please let me
know if I can help pick it up if It's done in the near future. Thanks.
Heatl1ey c;ri:lM.sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
From: estradamaria
Sent: Saturday, October 13, 2007 2:11 PM
To: GrlmshawHeather
Subject: RE: OLOE CYPRESS PRR
Partial report is complete but waiting on 18 files to finish report.
oIIaria
From: GrimshawHeather
Sent: Frll0/12/2007 8:06 PM
To: estradamarla
Cc: YbacetaEverlldo
Subject: FW: OLOE CYPRESS PRR
Maria,
Could I get a status update on this early next week? Thanks.
Heather
From: GrimshawHeather
Sent: Wed 10/10/2007 11:44 AM
To: estradamaria
Cc: YbacetaEverlldo
Subject: OLOE CYPRESS PRR
Maria,
The Communication and Customer Relations Department received a public records request to identify those individual properties
within aide Cypress that are out of compliance with their rear and/or side yard setbacks. For each property, please provide the
address/folio number, the specific details of their setback issue, e.g. by how much is each property out of compliance &
expianation of the issue for each property, and the actual required setbacks for those properties. The requestor of this PRR is
2/6/2008
fA
OL!'E CYPRESS PRR
Page 3 00
':ommissioner Henning. Please keep me updated as to the status of this PRR. Thank you.
t-ttatl1er c;rtlM.sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
2/6/2008
1A
FW: public records request
Page 1 of 1
Munoz, Silvia
From: muddJ (JamesMudd@colllergov.net]
Sent: Wednesday, November 21. 2007 9:40 AM
To: hennm9-t
Subject: FW: public records request
Attachments: NOV.pdf
FYI.
From: SchmlttJoseph
Sent: TuesdaV. November 20, 20077:08 PM
To; mudd.J
Cc: pulgJ; GrimshawHeather
SUbject: RE: pub~C records request
Jim
Attached are the 2 NOVs related to the 2 residents were the prtncipal structure exceeds the limits for an administrative varience. There are 6
adcfdional residences (there Is 5 and one possible whlch were are stili evaluating) were accessory structures encroach beyond the 25%
administrative variance limit. We have not Issued NOVs for these additional residents. I intend to first send e leller to notify the property of the
encroachment and to seek voluntary compliance prtor to issuing an NOY.
<<NOY.pdt.>>
:Joe
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: mudd.J
Sent: Tuesday, November 20, 2007 4:37 PM
To: SchmlttJoseph
Ce: pulgj; GrtmshawHeather
Subject: FW: public records request
JOB,
FYA and reply. Joe, If you have issued the five others please Include them.
Thanks. Jim
From: hennln~U
Sent: Tuesdav, November 20, 2007 3:33 PM
TOI mudd.J
Subject: pubUc I'NOrds reQuest
I would like a copy of the NOY's issued in Olde Cypress for setback from the Preserves. I am told there is two NOY's, but I'm not positive. If
'possible please amail the NOV's to me
2/6/2008
FW: public records request
'fA
Page 1 of 1
Munoz, Silvia
From: mudd.J [JamesMudd@colliergov.net!
Sent Wednesday, November 21, 2007 9:40 AM
To: henning_t
Subject FW: public records request
Attachments: NOV.pdf
FYI.
From: SchmlltJoseph
Senb Tuesday, November 20, 2007 7:08 PM
TDI mudd.J
Cc: pulQJ: Grlmsh_"
Subjed:l RE: publlc: reaM"ds request
Jim
AlI8ched are the 2 NOVs related to the '2 reslden" were the principal structure exceeds the limits for an administrative variance. There are 6
addliional residences (there Is 5 and one possible which were are still evaluaUng) were accessory structures encroach beyond the 25%
administrative variance limit. We have not Issued NOVs for these addlilona' residents. I intend to first send a leller to notify the property of the
encroechment end to seek voluntary compliance prior to Issuing an NOV.
<<NOV.pdf>>
~
loseph K. Schmill
Administrator
Community Development and Environmental Services Division
office - (239) 403-236512390
celi - 595-9751
"Balancing the demands of growth and the demand. of the community'
From: mudd.J
Sent: Tuesday, November 20, 2007 4:37 PM
To: SchmlttJoseph
Cc: puigJ; GrimshawHeather
Subject: FW: public records request
Joe,
FYA and rapiy. Joe, If you have issued the five others please includa them.
Thanks, Jim
Froml hennlng_t
Senh Tuesday, November 20, 2007 3:33 PM
To: muckU
Subject: public records request
I would like a copy of the NOY's issued In Olde Cypress for setback from the Preserves. I am told there is two NOY's, but I'm not posilive. If
,:>osslble please eman the NOY's to me
2/612008
Case Number 2007101119
1A
@)
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
o.r-: James L Dunkelbel1ler
Malllllll
2968 Lone Pine Ln.
Maple&, FL 34119-9765
2968 Lone Pine Ln.
Uahocol...1Icd CoDi... ColIn!)'
LoeadoD:
D.k: 11107107
ZouI.S Dill
Lqlt: SubdlYillo.
Fall.
NOTICE
Puna..t to C.11Ier Couaty C08JOUdatecJ Cod. Ed.........t Onll.....
No. 07-44, yon are notified tlaat a vioJatlon(s) of the foDowing
Collier Conuty OrdinllDee(s) and or POO Reeulatlon(s)
exlJts at the above-delCribed location.
3.05.1
3.0S.0m(3)
8.08.00B
8.08.000
9.03.010
I 0.02.04B( I)
Fonnerly 91-
102
Sec.3 .2.8.4.7(3)
DESCRIPTION OF CONDmONS CONSTITUTING THE
VIOLATION(S).
DOrd No.
DOrd No.
DOrd No.
DOnI No.
DOrd No.
DOrd No.
04-41 8$ amended
04-41 8$lIII1OIlded
04-41 8$ lUDended
04-41 aSlUDended
04-41 8$ lIII10Ilded
04-41 8$ lUDended
Section
Section
Section
Section
Section
Section
Did Witness:
Prlncioal structure at 2968 Lone Pine Ln. Nanles Fl..
reference Collier Countv BuildlDl! Pennit 1999100933.
encroaclalnl! 10.85' +/- into the reauired 25' preserve
f:rnd:;i setback
Sun lemental attaclJed
INQUIRIES AND COMMENTS SHOULD BE DlRECTEO TO CODE
ENl'ORCEMEN'I' 1NVES110ATOR: Patrl.k Baldwin
2SOONo. Homshoe Dr. Naple~ FLJ4104
(239) 252-5756 (\ Fax: (239) 403-2343
Investigator signature 1J~ 4~k ~
~~
VIOLATlONSTATUS:
18Ilnitial
DRecurring
DRepeat
l.vealIp....
PalrlcI< Baldwia
""..e: 239-252.5756
RSF So< 21 T", 48 IlIo&
OIdc:CypJcssU.U3-BIoek S- Lot
26
27
64625005 S65
OR Book
Pile
ORDER TO COIUlIlCT VIOLATlON(S):
Vou are directed by tbis Notice to take tb. followlne
corrective ac:tlon(s)
Subleet nronertv lIIoat comDlv with .11 nO'de CvDrell" PUD
(Drelerve\ tefbAek reaalrementL
MUlt reauest aDd Dbtaln. a Jehed.led D.....DDlieJItioa meetln~ for
review or ID "'after-tlte.faet" "arll"12 reaDelt for an... and III
setbad. enCrMlc:hlDllllts 'nalld .t 2.968 LoDll Pine Ln. within 10
work d... .fter the neelD' .(this D~
Mult .ab..lt I eu",Dlete and mflident lIafter_fhe..faet" variance
reaaest Innlleatio. for anY ..d .11 eBero.dame.a .t the 100000tktn In
auution .Hldn 90 da.. offllla nre-8.Dolir:atlon meedal:
Or In the alternative mast nbtain a Collier CftUlItY Demolition
Permit witbilt 30 dlVlllter reeehtt ofthil notlet.. Yn mustexel:llte
the demolition DBI"III1t hv ,blahd.. IU reauired inmectioftl throae
illunce 01 . Carftfle8te of COIIIDlmoD for the removal of IUllon-
allowed Jtructaral eDentII9mentJ and renltinp debris. restorinl!
all Dnmlles ta . IhIte or eolftnlllnce within 60 MVI after Ilsuance
llUh~.lIllo. oermll.
LIS emental attaclaed
ON OR BEFORE:
200
Failure to correct violations may result in:
J) Mandatory notice to appear or issuance of a citation
that may resu It in fines up to S500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in
fines up to 51000 per day per violation, as long as the
violation remains, and costs of prosecution.
SERVED BY:
OPersona! Service DCertified Mail DPo~ting of Property
DFax
DMaiI
Signature and Title of Recipient
Print
Dated this
07
day of Novemebr , 2007
'lA
Case Numbe. 1:88'181118
;;[007/011.;lO
(2)
COLUER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
0InI....
CRill D. Grider
Amber C GrIder
3148 SuDdancc circle
Naples, IlL 34109-B!11J
2949 Lono Pin. Ln.
UnIJ_....dOd CoIIior County
Da... 11107107
MailllIIl
Zoota. Dill
Lq:lh Sabdhlllott
Loca_'
Fallo
NOTICE
Puna...t 10 Collier Coualr Co_JIdated Cod. Eaforum.at Ordla..ee
No. 07-44, YOD are Dotlfied tbat a vlolatlon(s) of tbe fotlowlDg
CoWer CODDly OrdinaDce(s) aad or PUn Regalation(s)
exIsU at the above-descrlbed loc:atioD.
3.05.1
3.05.07H(3)
8.08.00B
8.08.000
9.03.01 D
10.02.04B(1)
Fonncrly 91-
102
Scc.3.2.8.4.7(3)
DESCRlPTlON OF CONDmONS CONSTITUTING THE
VIOLATION(S).
DOnI No.
DOnI No,
DOnI No.
[]Ord No,
DOnI No.
DOnI No.
04-41 os amended
04-41 os amended
04-41 IS amended
04-41 os amended
04-41 os amended
04-41 os amended
Section
Soction
seCtion
Section
Section
Section
Did Witaess:
PriDchllll .tneture at 2949 LoDe PiDe Ln. NaDI.. FI..
refereJlcs Conler CODDtv BoildiDI!' Permit 2006063048.
eneroscblDI!' 14.3' +/- into the reoDired 25' Dreserve
beDDdrv setback.
Also DOGI. reference oermit 2006112129 eneroBchinl!' 4.7'
+/-mto the Dreseve be.Ddrv setback.
DSuDDleme.tal attached
lNQllIRIES AND COMMENTS SHOUlD BE DIRECTED TO CODE
ENI'ORCBMENT INV1!SllOATOR: Patrlek Baldwlo
2800 No. H.........Dr. Naplcs,1'L34104
(239) 2S2-S756 ~F""'(239) 403.2343
. , /J '/ ...L
Invostigator signature ~ F
VIOLATION STATUS, ~ &&A--
IZIwtial
DRocurring
DRcpeat
laYallplOr
PIlrick BlIIdwi.
PbOl101 239-252-5756
RSF See 21 T..., 48 IlII&
Ohle Cypress Unit 3------01.... -S- Lot
26
21
6462S0055BI
4276
Pae.
0575
OR_k
ORDER TO CORRECT VIOLA T10N(S) .
You are dlreclecl by this Notice to take tbe following
corredlve aetion(s)
Subled DI'tJDIlrtv mUlt mmolv with .n NOlde Cvureu" PUD
IDreHnre) leth.clr. reauiremads.
MIUt reaaest and .bUIB a acheduled Dre-aooliatlOD meetio2' for
. review of a. "after..the..faet" nriaaee reaued: for an1' and an
ntb.ck encroaehmenu found at 2949 Lone Pine Ln. within 10
work d.,.. .fter the reeeiDt of lhl. notlee. .
Most submit . comB). aod lumeienl "after-the.f.ct" 1'lri..ce
reaDS aDDllced.. (or aRT aDd aU eJlel'Gllcbmeatl at tbe locatio. ia
auutieR within 90 daw of the Dft..8Dblleatio. meetintr
Or In th. allematlve must oblab a Collier Co.alY Demolition
Permit wlthl. 30 da,.. after rer:elnl of lb.. notice. Vou mult neeute
the demoUtlOll oermlt bv .bbiDIPI~ all rea.lred iDIDedlDIII' throU"
iuDanee of. Certlfieate of COIBDIethnI for the removal 0'.11 Don-
allowed structural encroaehmentl and res.llIRR' debris. nstori8R'
.11 oremes tD . Itate of comoliaate withill 60 daw after issuance
crs'u~-:'~:::;~"::'ebed
ON OR BEFORE:
%00
Failure to correct violations may result in:
I) Mandawry notice to appear or issuance of a citation
that may result in tincs up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in
flncs up to $1000 per day per violation, as long as the
violation remains, and costs of prosecution.
SERVED BY:
Dporsonal Service DCcrtified Mail DPosting of Property
DFax
DMail
Signature and Title of RocipiCllt
Print
Dated this
day of Novemobr ,2007
07
'lA
COLlIER COUNlY LAND DEVaOPMENT CODE
3.05.00
3.0502 0.1.
3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION
~
A. The purpose of this section Is the protec:llon of vegetation within the County by regulating its reni~vaI;
to assist In the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain
property, aesthetic, and health values within the County; to Iimll the use of irrigation water In open
sp_ areas by promoting the preservation of existing plant CXlmmunllles; to limit the removal ~f
existing viable vegetalfon In advance of the approval of land development plans; and to limit the
removal of existing viable vegetation when no landscape pian has been prepared for the site. It Is not
the Inlent of this section to restrict !he mowing of nonprolected vegetation In order to meet the
requirements of other sections of this LOC.
B. II shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust,
syndicata, fiduciary, CXlrporation, group, or unll of federal, state, County, or municipal government to
remove; or otherwise destroy, vegetation, which Includes placing of additional fill. without first
obtaining a vegetation removal or vegetation removal and flll permll from the County Manager or
designee, except as hereinafter exempted.
3.05.02 exemptions from Requirements for Vegetation Protection and Preservation
A. NBMO exemption. Development In NBMO Receiving Lands are exempt from the provisions of this
. section.
B. Seminole and Miccosukee lobe exception. In acoordance with g 561.167, F.S., vegetation removal
permits shall not be required for members of either the Seminole Trlba of florida or the Mlccosukee
Tribe of florida Indians, subJect to the following CXlnditlons. SaId pennit exemption shall be for the sole
purpose of halVestlng select vegetation, Including, but not Iimlled to, palm fronds and cypress, for use
In chlckee hut construction, or for cultural or religious purposes Tribal member Identlflcatlon and
written permission from the property owner must be In possession at the time of vegetation removal.
This exemption shall not apply to general land clearing, or to agricultural land clearing, Inclu<fmg
silviculture.
C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and
B23.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09,
provided that any new clearing of land for agriculture outside of the RLSA District shall not be
converted to non.agricullural development for 25 years, unless the applicable provisions set forth In
section 3.05.04 through 3.05.07 G. are adhered to at the time of the CXlnvei'Slon. The percentage of
native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of
the agricultural clearing, and If found to be deficient, a native plant community shall be restored to
re-create a native plant community In a1i three strata (ground CXlvem, shrubs and trees), utilizing larger
plant materials so as to more quickly re-create the lost mature vegetation.
D. Pre-existing uses. Exemptions f.rom the requirements of section 3.05.07F through 3.05.09 shaD not
apply to, affect or limit the CXlntlnuation of uses within the RFMUO which existed existing prior to June
19, 2002.
1.
Such existing uses shall include: those uses for which all required permits were Issued prior
to June 19 2002; or projects for which a conditional usa or Rezone petition has been
approved by the County prior to June 19, 2002; or, land use petitions for which a completed
Supp. No.2
LDC3:24
1~
COWER COUNTY LAND DEVELOPMENT CODE
II.
3 05.0B
Within the associated phase of the final slte development plan prior
to the Issuanoe of a certificate of occupancy.
3.05.07 C.
1II.
As requIred with golf courses, prior to the issuance of a certificate of
occupancy for the first permitted structure associated with the golf
course facility;
EIghty percent vegetative CXlverage, of the created preserves and
supplementel plantlngs In preserves, Is required within a two-year
period following the initial planting and shall be maintained in
perpetuity. Native plants that recruit on their own within the preserve
wm be counted towards this coverage requirement
Iv.
b. Annual maintenance. Annual maintenance shall be required according to the
Preserve Management Plan.
~~>>iY~t-.
B. All principal struc:tures shall have a minimum 25-foot setback from the
boundary of any preserve, accessory structures and all other site aller-
ations shall have a minimum 1 D-foot setback from the boundary of any
preserve. There 'shall be no sile alterations within the first 10 feet adJacent
to any preserve uFlless It can be demonstrated that II will not adversely
Impact the Integrity of that preserve. (I.e. Fill may be approved to be placed
within 10 feet of the upland preserve but may not be approved 10 be placed
within 10 feat of a wetland preserve, unless II can be demonstrated that II will
not negatively Impact that wetiand.
b. Addllional preserve buffers shall be applied to wetlands pursuant 10 section
3.05.07 F.3.f.
4. Exemptions.
a. Single family residences are subject only to the applicable vegetation
retention standards found In 3.05.07.
b. Applications for development orders authorizing slle Improvements, such
as an SOP or FSP and, on a case by case basis, a PSP, that are submitted
and deemed sufflclenl prior to June 19, 2003 ara not required to comply with
the provisions of this section 3.05.07 H" which were adopted on or after June
19,2003.
(Ord. No. 05-27, 6 3.M)
3.05.08 Requirement for Removal of Prohibited Exotic Ve9etatlon
Prohibited exotic vegetation specifically Includes the following:
Earieaf acacia (Acacia auriculllormis)
Australian pine (Casuarina spp.)
Melaleuca (Melaleuca spp.)
Supp. No. 2
LDC3:40
F"jA
DECISION-MAKlNG AND ADMINISTRATIVE BODIES
80705
vice-chairman shall preside in the absence of the chairman. The chairman and vice-chairman may be
reelected for an additional one (1) year term each, but may not serve for more than two (2)
consecutive years.
Eo Removal. Prior to the explralfon of his or her term, a member of the Preservallon Board may. be
removed from offlce by a majority vote of the BCC. A member of the Preservation Board shall be
automatii:ally removed K he Is absent from two (2) consecutive meellngs without a satisfactory excuse
or, In the alternative, K he Is absent from more than one-fourth of the meetings In a given fiscal year,
provlded that the Preservation Board has met at least eight (8) times In the given fiscal year. Members
shall be deemed absent from a meeting when they are nOt present during at least seventy-live (75)
percent of the meeting.
F. Vacancy. The Bce shall flU the vacancy by appolnbnenL
8.07.04 Compensation
Members of the Preservation Board shalf serve without compensation.
8.07.05 MHtlngs
A. The Preservation Board shall meet at least once per month, at a date and time to be decided by the
Preservation Board, unless there Is no business pending before the Preservation Board. Regardless
of the lack of pencing business, the Preservation Board shall meat at least four (4) times during any
calendar year.
B. All meeOngs of the Preservation Board shaD be open to the public.
C. A public record of the Preservation Board's minutes and resolutions shall be maintained and made
available for Inspection by the public.
D. The Preservation Board's meeting agenda shall be published the Sunday prior to the scheduled
meeting In a newspaper of general paid circulation In the County and of general Interest and
readership In the community. The ad may be placed where other legal notices appear.
8.08.00 CODE ENFORCEMENT BOARD
A. General. The provisions of this Code shaD be enforcod by (1) the Collier County Code Enforcement
Board pursuant to tha authority granted by F.S. ~ 162.01 et seq., (2) by the board of COUllty
commissioners through It!l authority to enjoin and restrain any person violating the Code, or (3) by
Collier County through the prosecutlon of violations in the name of the Slate of F10rtda pursuant to the
authorlty granted by F.S. ~ 125.69. The county manager shall have the right to Inspect those lands,
waters, or structures affected by this Code and to Issue citations for violations.
1. The term 'county manager" as used in this Code shall mean the CXlunty manager or his
designee.
~J2!rWhenever, by the provlsfons of this Code, the performance of. any act Is requIred, or the
performance of any act Is prohibited, or whenever any regulation or limitation Is Imposed on the use
or development of any land or water, or on the erection 01 e structure, a failure to comply WIth such
provisions shall constiMe a violation of this Code.
LDCB:15
'1A
COLLIER COUNTY LAND DevaOPMENT CODe
8 07.05
c. CompIBlnts trtgatriing vtolations. Whenever a violsllon of this Code occurs, or Is alleged to have
occumld, any person may ftle a complalnL Such complaint staling fully the causes and basis thereof
shaD be ftled with the county manager. The county manager, or his designee, shall record properly
such complaln~ Investigate, and take aotlon thereon as provided by this Code. He shall maintain as
a public record, In his office, the disposition macle of the complalnL
~ owner, I8nan~ or occupant of any land or structUl'8, or part thereof, and any architect,
~bullder, contractor, or any other agent, or other person, linn, or corporation, either
IndMdually or 1hrough I1s agen18, employees, or Illdependenl contractor, who vlolatas the provisions
of fhIs Code, or who participates In, assIs18, d1recls, creates, or malnlalns any situsllon that Is conlraly
to the requirements of this Code, shall be held. responsible for Ihe violation and be subJect to the
penalties and remedies provlcled herein or as otherwise provided by statute or ordinance.
E. Procedures upon dlsaovery of violations.
1. UpOn the delennlnatlon that any provlsfon of this Code Is being violated, the county manager
or his designee, before prosecuting said violations before the code enfoRlBment board, shall
send a wriltan notice by registered or by cer1lllBd meII retum receipt requested or by hand
delivery to the person(s) responsible for such violation, Indlcatlng the nature of the violation
and ordering the action necessary to COmlct It. Additional wrIlI8n notices may be sent at the
coWlty manage~s discretion.
2. Tha wrIlten notice shall state tile aotlon the county manager Intends to take, If the violation Is
not comlcted.
3. Before a violation 01 any of the provisions of this Code Is prosecuted before the code
anforcement board, written notice by reglstal'l!d or certified mall, retum receipt requested,
shaD be servfced by the CXlUnty manager or his designee according to the requirements of
Ordinance No. 92-80, as may be amended from time to time [Code ch. 2, art VIII, dlv. t1).
4. If tile violation Is of a nature lhat fl can be corrected by an offlclal zoning atlas amendment or
through tha granting of a varlance, the county admlnlstrator Is authorized to suspend
enfoRlBmant actions pending !he outcome of such proceedings; provided that the person(s)
responsible for !he violation ftle the approprlalll application forms for official zoning silas
amendment or variance hearing with the county manager within ten calendar days of the
receipt of nollce of violation. DtIle outcome of an ofIlclal zoning atlas amendment request or
variance request does not remedy the violation, the person(s) responsible for the violation
shall have 15 calendar days to correcl tile violation, unless granted an extension by the
county ~ger as set forth above.
5. In cases where delay would seriously threaten the effectlva enforcement of this Code or pose
a danger to the pubDc health, safety, or general weDarB, the county manager may seek
enforcement without prior wrfllen notice by Involdng eny of the remedies contained In this
Coda or otherwise provided by law.
F. CrimInal penalUes and ramedies.
1. A person who violates any of tha provisions of this Code, or falls to comply with any of lis
requirements, or falls to abide by and obey all orders and resolutions promulgated as herein
provtded, shall be subject to prosecution In the name of the state In the same manner as
LDC8:16
1A
~.
VARIATIONS FROM CODE REQUIREMENTS
9.03 01 C. 9.03 02 A.
development shall be In accordance with the zoning regulations then In affect. Any such approved
plat or plan may be amended by applOvaJ of the BCC, provided the degree of nonconfonnlty with the
LDC shall not be Increased.
f~ casual, temporary, or Illegal use of land or atructures, or land
and Itructu_ In combination, shall not be sufficient to establish the existence of a nonconforming
use or to create rights In the CXlntlnuence of such use.
. Eo Uses undsr conditional UR provisions not nonconfonnlng usss. All uses lawfuQy existing on the
effective date of the LDC or any subsequent amendment to this Code, which ara permitted as a
condltlol1lll use In a dlslrlcl under the tarms of the LOC or any subsequent amendment to this Code,
shall not be deemed a nonconfonnlng use In such district, but shall without further action be deemed
to have a condltlol1lll use permit.
F. Change to confonrilng use requires future Con;,;rmffy with district regulations. Where e structure. or
structure and premises In combination, in or on which e nonconfonnlng use Is replaced by e
permitted use shall thereafter confonn to the regulations for the district in which the structure is
located, and [sicJ the nonconforming use shall not thereafter be resumed nor shall any other
nonconforming use be permitted.
G. Nonconfonnltles not InvoMng the use of a principal structure. Nonconlonnllles not involving the
use of a principal structure, including, but not limited to. open storage, building supplies, vehicles,
mobile homes, trailers, equipment and machinery storage, Junkyard, oommerclal animal yards and
the like, shall be disCXlntlnued within one (1) year of the effective date of the LOC or relevant
amendment ot the LOC.
H. Safety of nonconfonnltles.
1. If a nonconforming structure or portion of a structure, or any structure containing a
nonconforming use becomee physically unsafe or unlawful due to lack of repairs or
maintenance, and Is decllll'8d by the duly authorized official of Collier County to be unsafe or
unlawful by reason of physical CXlndltlon, it shall not thereafter be restored, repeired, or rebuilt
except in conformity with the regulations of the dislriclin which it Is located.
2. If a nonconforming structure or portion of a structure, or any. structure containing a
nonconforming use, becomes physically unsafe or unlawful lor reasons other this lack of
repairs or maintenance, nothing contained herein shall be deemed to prevent the strength-
ening or restoring to a safe condition of such building or part thereof declared to be unsafe
by the authorized official of Collier County charged with the public safety; provided, however,
thaI where such unsafeness or unlawfulness Is the resull of damage from destruction, the
percentage of damage limitations set out in section 9.03.02 F.3., as the case may be, shall
apply.
COrd- No. 04-72, !i 3.Y)
9.03.02 Requirements for Continuation of Nonconformltles
Where, et the effective date of adoption or relevant amendment of the. LOC, lawful use of lands or waters
exists which would not be permitted under the LOC, the use may be continued, so long as ft remains otherwise
lawful, provided:
OC' . ';;' "'11"" . ,4'i"~ ''''
(tT; ~- ^: 1'1r:::~ '-,~ ij:)/( '6,311..:. ~.~ -,
,
,
A.
Enlargement, Increase, Intensification, alteratton. No such nonconforming use shall be
enlarged, Intensified, increased, or extended to occupy a greater area of land, structure, or
Supp. No. 1
LDC9:4.9
1A
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
1002.04 B.l.
been reviewed and approved, the final plat recorded and prePmlnary acceptance
granted -tor all required improvements In IICCOrdance with sections 10.01.04 and
10.02.05,10.02.05 E., and 10.02.04 B. 3.
No separate environmental Impact stetement (EIS) or supplement, amendment or
update pursuant to section 10.02.04 A. 1.u. to an exlstlng EIS for the property to bs
resubdivlded shall be 19qulred.
No endangered, threatened or Rsled species protection Issues pursuant to the
provisions of sectlon 3.04.01 are present within the property which Is the subject of
the resubdMslon.
10 02.04 A.B.
c.
d,
No addlttonal substftutlons from those granted for the principal property's PSP of the
design standards contained in section 3.2.8.4 for the required Improvemems within
the resubdMslon pursuant to the provisions of section 10.02.04 A.3. llJ'8 requIred.
No portion(s) of the principal project's water management system are required to be
CXlnstructed within the property subjact lD resubdivislon.
No 'greater than 50 single-famPy lots are created by the resubdlvlsion of the subJeel
property.
ResubdMsions which complywfth the provisions of ttems (a) through (g) shall be exempt from
the requirements, standards and procedures lor preliminary subdlvlslon plats (this section)
but shaU comply with all of the other provisions of section 10.02.04 and 10.02.05 conceming
improvement plans, final subdivision plats and those subdivisIon review procedures
CXlntalned In sections 10.02.05 A. through 10.02.05 C. Inclusive.
e.
f.
g.
B.~f
1. Profectedfpreserve area and easements. A nonexclusive easement or trect In favor of Comer .
County, wllhout any maintenance obligation, shall be provided for all 'protected/preserve'
areas required to be designated on the preliminary and flnalsubdlvlslon plals or only on the
final subdivision plat n the applicant chooses not to submU the optional preUminaIY
subdivision plat. Any bulideble lot or parcel subject to or abutting a protected/preserve area
required lD be designated on the prsPmlnary and final subdivision plats, or only on the final
subdivision plat If the applicant chooses not to submtt the optional preliminary subdivision
pial, shall have a minimum 25-foot aetback from the boundary of such protected/preserve
area In which no principle structure may be CXlnstructed. Further, the preUminary and final
subdlvlslon plats, or only on the final subdivision plat n the applicant chooses not to submit
the optional preliminary subdivision plat, shall require that no alteration, Including acc:es-
sory structures, fill placement, grading, plant aUeratlon or removal, or similar activity shall be
permitted within such setback area wlthout the prior written CXlnsent of the County Manager
or his designee; provided, in no event shall these activities be permitted In such setback area
within ten feat of the protected/preserve area boundary. Additional regulations regarding
preserve setbacks and buffers are located In Chapters 4 and 10, and shall be applicable for
all preserves, regardless if they are platted or simply Identified by recorded CXlnservation
easement
The boundaries of all required easements shall be dimensioned on the final subdivision
plat. Required protected/preserve areas shall be identified as separate tracts or easements
LDC10:53
Supp. No.3
.
'lA
COLLIER COUNTY LAND DEVELOPMENT CODE
10.0204 B.1. 10.02.04 83
having accesa to them from a platted right-of-way, No individual residential or commercial
lot or parcel Ones may project into them when platted as a tract If the protected/preserve
area Is determined to be Jurlsclictional in nature, verification must be provided which
documents the approval of'1he boundary limns from the appropriate local, state or federal
agencies having jurisdiction and when applicable pursuant to the requirements and provisions
of the growth management plan. All required easements or tracts for protected/preserve
areas shall be dedicated and also establish the permitted uses for said easement(s) and/or
trects on the final subdivision plat to Collier County without the responsibility for mainte-
nance endIor to a property owners' association or similar entity with maintenance responsI-
bilities. An applicant who wishes to set aside, dedicate or grent additional protected preserve
areas not otherwise required to be designated on the preliminary subdivision plat and final
subdivision plats, or only on tha final subdivision plat ff the applicant chooses not to submn
the optional preliminary subdlvislon plat, may do so by grant or dedication wfthout being
bound by the provisions of this section.
2. Improvement plans. The Improvement plans for required improveinents which will be
constructed within an existing .asement must illustrate the existing easement and axisting
facUlties, and the proposed easement and the proposed facilities. CopIes of tha Improvement
plans shall be provided by the applicant to the holder of the easernent(s) simultaneously with
its submission to the CXlunty.
The review and approval of improvement plans does not authorize the construction of
required Improvements which are Inconsistent with existing easement(s) of record.
3. General requirements for final subdMslon plats.
a.
Ten prints of the final subdivision plat shall be submitted along with the improvement
plans. No final subdMslon plat shaU be approved unless the improvement plans
shall have been reviewed and accepted by the County Manager or his designee.
b.
The final subdivision plat shall oonform to the approved preliminary subdivision
plat, If the applicant chose to submn a preliminary subdivision plat, pursuant to
section 10.02.05 A.S., The final subdivision plat shall constitute only that portion of
tha approved preliminary subdivision plat, if applicable, which the applicant
proposes to construct within a finDe period not to exceed 18 months. The Improve-
ments required by this section which apply to the final subdivision plat shall be
CXlmpleted wfthln 18 months from the date of approval of the final plat unless prior to
the 1 B-month construction period, a written request for an elCtenslon in time not
exceeding one year Is applied for and approved by the development services
administrator or his designee. The applicant shall enter Into a CXlnstruction and
maintenance agreement with the county, In e form acceptable to the CXlunty attomey,
which establishes the terms and conditions for the CXlnstnuctlon and maintenance of
the Improvements required during the 1B-month construction period (unless a written
extension request Is approved by the County Manager or his designee prior to the
expiration of the 18-month construction period), whether the final plat is approved
only or approved and recorded with the posting of a subdivision perfonmance
security. This agreement shall be submitted with the final plat for review and approval
and executed by all parties at the time of final plat approval per section c. below.
SUpp. No. 3
LDC10:54
,
Supp. No. 14
DEVELOPMENT REQUIREMENTS
3.2.8.4.7.
Drainall'e easements shall be created to provide for the flow of surface
waters from contn1mtory area..
.-r~lihli~~~AnoneXclusive easement or tract
. in favor of Collier County, without any maintenance obligation, shall be
provided for all 'protected/preserve' areas required to be designated on
the preliminary and final s~bdivision plats. Any buildable Jot or parcel
subject to or abutting a protectedlpreserve area required to be designated
an the preliminary and final subdivision plats shall have a minimum
25-foot setback from the boundary of such protected/preserve area in
which no principle structure may be constructed. Further, the' prelimi-
nary and 6na] subdivision plats shall require that no alteration, includ-
ing acc";"ory structures, fiI] placement, gradinJi:, plant alteration or
removal, or similar activity shall be permitted within such setback area
without tbe prior written consent of the development services director;
provided, in no event shall these activities be permitted in such setback
area within ten feet of the protected/preserve area boundary, unless the
above setbacks are accomplished through buffering pursuant to section
3.2.8.3.4.
The boundaries of all required easements shall be dimensioned on the
final subdivision plaL Required protected/preserve areas shall be identi-
fied as sepllfate tracts or 'easements having access to them from a platted
right-of-way. No individual residential or commercial lot or parcel lines
may project into them when platted as a tract. ]fthe protected/preserve
area is determined to be jurisdictional in nature, verification must he
provided which documents the approval of the boundary limits from the
appropriate local, state or federal agencies having jurisdiction and when
applicable pursuant to the requirements and provisions of tbe growth
management plan. All required easements or tracts far protected!
preserve areas shall be dedicated and also establish the permitted uses
for said easement{s) and/or tracts on the 6nal subdivision plat to Collier
County withobt tbe responsibility for maintenance and/or to a property
owners' association or similar entity with maintenance responsibilities.
An applicant who wishes to set aside, dedicate or grant additional
protected preserve areas not otherwise required to be designated an the
preliminary subdivision plat and final subdivision plats may do sa by
grant or dedication without being bound by the provisions of this section.
4. Improvement plans. The improvement plans for required improvements
which will be constructed within an existing easement must illustrate tha
existing easement and existing facilities, and the proposed easement and
~.
LDC3:45
1A
'-'
~
.
'lA
FW: Records
Page 1 of 1
Munoz, Silvia
From: mUdd.J [JamesMudd@CXllliergov.netj
Sent: Friday, October 19, 2007 7:18 PM
To: hennlng_t
Subject: FW: Records
Commissioner,
J called Joe Schmitt on the question that you and I had talked about The answer is below. One piece not there is that the
analysis by staff was In August and September. We will get CXlples for you on Monday because the records were picked back up
from storage at COB today.
VR, Jim Mudd
From; SchmIttloseph
Sent: Fridoy, October 19, 2007 6:48 PM
To: muddJ
Subject: Records
Jim
You asked how staff evaluated all the setback encroachments reiated to the aide Cypress issue. We evaluated all the
'nformation and data in the respective permit fiies. Unfortunately, due to the limited space in the records room the files were
returned to Ft, Meyers. We are call the records back and given that this is an open issue we will retain the files on site until the
issue is resolved.
J.ae
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
celi - 595-9751
"Balancing the demands of growth and the demands of the community"
2/6/2008
1R
Jim Mudd dropped a packet of information off for you.
Pagc 1 of 1
Munoz, Silvia
From: tuckersam [SamTucker@colliergov.net]
Sent: Friday, January 11, 20083:30 PM
To: henning_t
SUbJect: Jim Mudd dropped a packet of Information off for you.
Regarding Olde Cypress.
2/6/2008
1A
Page 1 of 1
Munoz, Silvia
From: Steven J. Cox (cox.steve@comcast.net]
Sent: Wednesday, January 30, 2008 3:51 PM
To: henning_t
Cc: k.coomer@cmgsfl.com; shouldsworth@stockdevelopment.com
SUbJect: aide Cypress - Logan Blvd Fence Issue (1/31 HOA Meeting)
Importance: High
Mr. Henning,
As a resident of Olde Cypress, I was looking forward to tomorrow's meeting (January 31), however, I will be
unable to attend. So, please respond to my questions below and address the following issue:
I hope you will take a few moments to address the Logan Blvd. bordered fence issue. It is my understanding
that any border fence along Old Cypress golf course property and Logan Blvd has been denied. Is this true?
If so, why? The property on the west side of Logan Blvd has a 6ft chain fence with a privacy hedge. At
the very least, Old Cypress must have that same option along the golf course for security purposes. Please
note, Oid Cypress is a gated community. Once the road is open, there will be very easy access to our
community without some kind of border.
I look forward to your response. Thank you.
3teve Cox
P.S. Sandy Houldsworth - Maybe you can also bring this issue up and get a response at the meeting.
Thanks in advance.
2/612008
1A
Page 1 of 1
Munoz, Silvia
From: Steven Sacknoff [ssacknoff@CXlmcast.net]
Sent: Thursday, November 08,20077:11 PM
To: henning_t
Subject: aide Cypress
Dear Commissioner Henning:
I am writing to thank you for your help with the problem of some of our properties in Oleic Cypress being in violation
of the proper sethacks.
My property is among them, encroaching 2.3 feet. I relied upon my builder (Empire Builders) to comply with county
regulations and was quite surprised to find that I was in violation five years after having moved in.
Diane Ebert, our homeowner's association president, informed me that you really spoke; up on Olll' behalf to help us
with this problem. I sincerely thank you for your help in finding an equitable resolution to our problem.
Best wishes,
Steven Sacknoff
7524 Treeline Drive
Naples, Florida 34119
2/6/2008
'1A
Olde Cypress
Page I of!
Munoz, Silvia
From: henning_t [TomHennlng@CXllliergov.net]
Sent: Friday, January 18, 2008 12:25 PM
To: mudd,j
Subject: aide Cypress
County Manager
Has aide Cypress or Stock Dev. applied for a fence permit along Logan Blvd? If so have they been denied? Tom Henning
2/612008
lA
Olde Cypress
Page 1 ofl
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Munoz, Silvia
From: henning_t [TomHennlng@CXllliergov.net]
Sent: Saturday, November 17, 200711:56 AM
To: bsplvey@stockdevelopment.com
Subject: aide Cypress
Attachments: Ordinance 86.75 woodlands. pdt, Ordinance%202000.Q37.pdf
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Mr. Spivey
Thank you for our conversation yesterday. I found the old original PUD called Woodlands and included the working PUD
ordinance 2000-37. On the Woodlands document you wlR find on page 6 the reference of nature trail with an asterisk or footnote
that states "subject to receipt of necessary environmental and other permits and approvals from govemmentaf agencies'.
In the 2000-37 ordinance in section 4 page two, you will see the nature trail still appears but the asterisk is not. One can assume
the Water DIstrict did allow nature trials in the preserve. Aiso you will see the reference of a 3.9 acre park on the same page.
You may want to review the District records. I hope this Information is helpful for the turnover of the community to the Residents.
Tom Henning
<<Ordinance 86-75 woodlands.pdt>> <<Ordlnance%202000.Q37.pdt>>
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2/6/2008
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._ r : .\ ..~..: ORDINANCE 86--2S.-
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i;~~~~ ~IHJi'( 'Oii>INANCE AMENDINO OIU)INAIICE 82-2 'l:JlIl COII-
Cc:,-U: - 'P1WIEl<SIVE WlUlIO RECllLATIOI/S POI Tn OIIIIlcOI-
POlATED .uU 07 COLLIEJt COUMTT. n.DKlDA IY
AHDIDINC TNE IONtllO ATLAS !lAP IIlJMllER 48-2' IT
CIWfCINC TNE tONINO CLASSlFICAnOl! OP TIll REREIl!
DESCRIBED lEAL PROPERTY l1<OII A-2 AllIl A-2 "ST" TO
IlPUD" PUh"KED UlfIT 'DEVELOPKEn' I:NOYM AS '1'RE
11OO0Ul/J)S FOI 1460 DllELLINO UllITS. 15 AClES
or CDfiKEIl.CIAL USES. All' 11 BOLE GOLF COORSE, AHD
APPROXIMATELY 91 ACkES or n&SEltVA'tION AJ.EAS,
FOIL PROPERTY LOCATID ON mE MOJt'!ll SIDE OF
I>t1OJ(;.LEE ROAD, AlP,OXIH4TELY 1.3 HILES EAST OF
1-" IK SECTION 21. TOVNSMtP '8 SOUTH, RAHCI 26
EAST. + 500.11 ACRES; AI!ll PROVIDIIlO All EFFECTIVE
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IIllEIEAS .
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repre..lltfttinz
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Road
rartnership aa4 Gr., C.b1nt.., petitioned the Joard of, Count7
CgIl:lll1..1oue.n to ehan,. t.h. Zoning Cl..df1c:aUon of th hereia
de.cr1bed real property:
roW. TBEItEFOlE BE IT OIDAtHFJ) by the ~oard of County
Co.-1..1oner. of Collier Cauntr, Florid.:
SECTION OtE:
the %oDin, Cl..5lf1cat1oD of tha heralD d.5cr1bc. real property
located in Se.CtioD 21, Tovn.h.ip .U S~'tut'h. RanI. 26 Eut, Collier
CoURt)', Florida 1. cbngetl froa 1..-2 u4 A-2 "SI" to "PUD" flarmd
Un!t Deyelop.ant ill aceorda.tlce with "th. Voodlanda" Pun docullleut
.tUched hereto .. Exhibit "A'l which is incorporated he.reiu aDd by
uhnnce IIIlI.dc part henof. The Offichl Zoning Atl.. Hap NUZll.bcr
~8-26, a. de.cr1bed 1a Ordinance 82-2, 1. hereby .~ended accordingly.
SECTION TIlO I
Th1l Ordinance ahall beeou .ffeetive upon receipt of Dotice
that 1. h.. been filed with the Secretary of State.
DArt: .~r 6, 1986
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IJOAID OF COlOCt't COMK1SstONE:RS
COLLIn CO , lLOUDA "~
ny, ')1--;U/,K
OR A. PISTOa. CKAIRKAN
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Uh'llETH I, CUYLER. lUll
COLLIER COUNTY ATTO ET
iht (Itdlnonce flied with ""I
Se-c~ory of $tol&'S. Ol~;~
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~ DCknow1tdgement of lhat
filing received thl. J:J-~Y
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TBI lIOODLAIlCS
I'lJJI1lED UNIT'DBV!:LOI'KIiNT OOCDKEH'I'
PIl!:PAAED BT'
GEORGB L. VAIIlIlIDOB
Young, van ASlenderp, Varnadoe , Benton, P.A.
801 Laurel Oak DrIve, Suite 300
Naples, Florida .~33'6J
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',:' DIITE ISSUED.
. DilTS RBVISED.
DATI APPROV~O sr cepe,
DATE RBVISED.
DATE APPROVEO Br H~~I
ORDINANCE NUHeER:
December 1, 1983
October 20,' 1986
October 2, 1986
November 6, I~Hb
Novel1ber 6, 1986
86-75
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TABLE OF COIlTEII'1'S
SECTION I I Statement of Compliance.. .. .. ... .. .. . . . .
SECTION II, property O~ner.hlp , General Description.
2.0J Introduction and Purpose
2.02 Name. . . . . . 0'. .
2.03 Le9al DescrIption. . . .
2.0' Title to Property. . . .
2.05 General Description... . . . .
2.06 Development' Fractionalization of Tracts.
2.07 PUD Conceptual Site PlAn Approval Procesl.
2.08 SIte Development Plan Approval Process
stCTION III, project Development. .
3.01 Purpose. . . . . . . . . . .
3.02 General Plan of Development.
3.03 WetlanOc . . . . . . . I . .
SECTION IV, Land US. and Requlatlon
4.01 purpose. . . . . . . . . . I
4.02 project Plan, Land Ose Tracts
4.03 Pt'oject Density. .. .. .. . .. . ..
.. .04 Sequence and Schedulin9. .. .. .. .. .. ..
4.05 Recreational Facilities and Schedul~
SECTION V, Golf Course. . . . . . . . . . .
S.01 Purpose. . . . . . . . . . . . . . .
5.02 Permitted Uses ana Structure.. . . . .
SECTION VI, Nature Preserve' Wildlife Sanctuary.
6.01 Purpose. . . .
5.02 Function. . . . . . .
6.03 Treatment USe. . . . .
6.04 Permitted Uses and Structures.
6.~S R~gulatlons. . . . . . .
SECTION VII, Detached Single Family
7.01 Purpose. . .. a-.....
7.02 Haxi~u~ Dwelling Units. . .
7.03 Permitted Uses' Structures.
7.04 Regulations. . . . . . . . . .
SECTION VIII, VillaR - TOwnhouses - Cluster
8.0l purpose. . . . . . . . . . .
8.02 MaxImum Dw~llln9 units. . .
8.03 Permitted Ule. & structures.
8.04 Regulations. . . . . .
StCTION IX, Carden Apartments
9.01 Pur?ose. . . . . . " .
9.02 Ma~i.um Dwelling Unit.
9.03 Vlel permitted
9,O~ Jlt>gulation.. . .
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X, Community Shopping' Su.lneB. Of lice Center
purpose. , , . . . . . . . ,
Permitted Uses' Structure..
Mlni.u. Yard Requirements. .
BUilding Se?aratlon. . . . . . . . .
Minimum Floor Area of Principal Structure.
Maximum Height . . . . . . . . . . . . . .
Mini.un Off-stre.t parking . off-Street Loading
Requirtllent.1 . . . . " , , . .19
10.08 Minimum Lan~lcapln9 Requirements" , . , , , ,," .19
10.0' Slgnage. , I , I , , , , , , , , , , , , , , ." .19
10.10 Conceptual Site Plan Review. , . , , , , . , , , . .19
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SECTION XI, General Development Commitments. .19
11.01 Purpose. , , .. , , , , . . , , . , , , , , , .19
11.02 PUD Master Developlllent Plan. , ._ , , , , , .. , .19
11.03 Clearing, Grading, Earth Hork . s1ee Drainag.. .20
11.04 Utilities. . . . . . . . .20
11.05 Solid Waate Dj.po..l . . .25
11.06 Ileerutionol rseilities. .25
11:07 Traffic Iaproveaents. .25
11.08 Streets. . . . . . . . . . . . . . . . . . . .26
11.09 Exceptions to County $ubdlv181on Regulations .26
il.1l Polling Plsces . . . . . . . . .27
11.12 EnvironmentAl Stipulations. . . . . . . . . .21
11.13 WAter Mana9e.llent Stipulations. . . . . . . . . . . .29
1'.14 Fire Statlon........................................30
SECT10N
10.01
10.02
10.03
10.04
10.0S
10:06
10.07
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SECTION I
STATEKENT OP COMPLIANCE
This development of approximately 500 Bcres of property 1n Section
21, ~own,hip 4B South, Range 25 talt, Collier CountYr Florida, AS
. Pl.nned Unit Development to be known AS THE WOODLANDS will com-
ply with the planning Ana development objective. of Collier County
as.&et forth in the Comprehensive Plan. The resIdent!.1 and COq-
mercia! Icpects of the developnent tOqether with asaoeiated
recreational fael11tieB will be conslatent with the growth
policies and land develop.ent regulatIons of the CO~4'rehensive
Plan Land Use Element and other applicable document. for the
follov!n9 reasonSf
1. project development will be compatible with and com-
plimentary to tbe &urroundinq land uses.
2_ The project shall comply v1th the applicabl. .on1n9
and other regulations.
3. The 8ubject property has the nece...ry ratinv points
to determIne availability of adequAte eo~unity fa-
cilities and services.
~. The project shall utilize natural .ysteN' for water
management,such .a existing ~rain.ge area. and
environmental sensitive areas in aeeordance with
their natu~al function. and capabilities.
5. The development areas are being well separated fron
the environmental sensitive areas and the value an~
functions of the environmental sensitive areas will
not be unduly adversely affected by the
development.
SSCTION II
PROPERTY OIINERSBIP , GEIlERAL DESCR.IPTION
IIf'~ROPOC'l'ION AND PURPOSE
It 1~ the intent of the owner and project coordinator to establish
and 4evelop a planned Unit Developaent on..Bpproxillately 500 act'es
of prop~rty located in Collier County, Florida, on the north side
of David C. Srovn Highway, approximat~ly 1.3 miles east of I-75.
It is the purpose of this document to provide the requlre~ detAil
and data concerning the development of the property.
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Tho development shall be knovn as THE WOODLANDS.
LEGAL DESCRIP'l'ION
See attached Exhibit wa-.
TITLE TO PROPERTY
The property 1. owne4 by the Immokalee Road Partnership
(beneficial interelt) and Creg Cabiness. A 11.e of the record
title holder. is Attached as Exhlbl~ ~1.. The projeet coordinator
i. Ross W. McIntosh, who.. add:~&. 1s 1800 King. Lake Boulevard,
suit. 204, Napl.., PL 33942, Evidence of unified control of
. property is furnished as 'Exhibit .1-.
2.0S G~BRAL DESCRIPTION
The q8neral location of THE HOODLANDS, the current zontnq classi-
ficAtions of surrounding properties, and nearby land developments
are illustrated by Exhibits "A/C., ~ExiBtlng Land Uses., At the
time of this application the property was %oned agriculture.
Certain portions of the property.~ere designated epeclal treatment
are.. as shown In E~hlbit. -A/C-.
2.06 DEVELOPHBN~ ANO PRAC~IONALI'A~ION'OP'TRAC~S
A. When the developer sells an entire Tract or & building parcel
(fraetlon of a Tract) to a subsequent owner, or proposes
development of such property himself, the developer sh411
provide to the AdminiBtrator for approvAl, prior to the
development of the tract by the developer or prior to the
sale to a subsequent owner of such property, I boundary
drawlnq showin9 the tract and the building parcel therein
(when applicable) and the square footage assigned to the
property. The drawing shall also show the location and size
of aceess to those fractional parts that do not abut a public
3tre<et.
B. In the event any tract or buildln9 parcel 18 sold by any
subsequent ow~er, as identified in Section 2.06, In
fractional parts to other parties for development, the
subsequent owner shall provide to the Ad.lnLstrator, for
epproval, prior to develop.ent of the tract by the developer
or prior to the sale to a subsequent owner of a fractional
part, a boundary drawing Showing his originally purchased
tract or building parcel and lhe.fractIonal parts therein and
the square footage assiqned to each of the fractional parts.
The drawing, shall also &how the location and s1z1 of Access
to those fractional parts that do not abut a public street.
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c. The developer of any tract must lubmit a Conceptual sito plan
for the entire tract 1n accordance w1th Section 2.07 of this
document prio~ to Final Site Development Plan 8ubmittal for
any portion of tbat tract. The developer Day chooae not to
submIt a Conceptual Site Plan for the entire tract if a Final
Site plan is submitted and approved for the entire tract.
D. The developer of any tract or building parcel must submit,
prior to or at the. ..... Ume of application for a building
permit, a detailed site development plan for his tract or
parcel in conformance vith the Zonlng Ordinance requlrements
for sIte development plan approval. Thi. plan shall be in
compliance ~lth any approved Conceptual SIte Plan as vell as
all criteria within this ~ocument.
t. In evaluatinq the fractionalization plans, the Adminis-
tra~orls decision for aprov.l or deni.l shall b. based on
compliance ~ith tbe criteria and tbe development intent as
set forth In this document, conformance with allowable amount
of building square footage and the reasonable accessibility
Qf the fractional parts to pUblic or private roadways, common
areas, or other means of in9re68 and e9ress.
r. If approval or denial is not issued withIn ten (10) working
days, the submission shall be considered automatically
approved.
2.07 Pun CONCEPTUAL SITE PLAN-APPROVAL' PROCeSS
When PUD Conceptual sit~ plan approval is desired or required by
this document, the fOllowing procedure shall be followed I
A. ~ written request for conceptual aite plAn approval shall be
submitted to ~he Director for approval. The request ahall
include materials necessary to demonstrate that the approval
of the conceptual site plan will be in harmony with the
9~neral intent and. purpose of this document. Such material
lUY include, but ls...not limited to the following, where
applicable: .
1. Site plans at an appropriate scale showing proposed
placement of structures on the property~ provision. for
ingress and egress, off-street loading areas, yard. and
other open space..
2. Plans Showing proposed locations for utilities hOOkup.
). Plans for screening and bUffering.
B. In the case of clustered buildings required property
development regulations may be waived or reduced provided a
site plan is approved under this section.
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c. A fee eonaiatent with the current fee schedule for County'
Site Developoent Plan approval ahall .coomp.ny the
applloatlon, unle.. a .peolfio fee for Conceptual Site Plan
hevlew 1. adopted.
D.' If approval or denial i. not Issued within twenty 12D)
working dlYS, the sub.i..lon Ihall be considered
AutomatL~Ally approved.
2.D8 SITE OEVELOPHBNT PLAN APPROVAL'PROCESS
Site Development Plan approval, when desired or requested by this
document, shall follow the procedure I. outlined in the Zoning
OrdInnnce..
SBC'l'ION III
PROJBC'l'DEVBLOPKEN~
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The purpose of thi. section is to generally describe the project
plan of the deve.lopraent and Clelineate the general concHtions that
will apply to the entire project.
GCHERAL PLAN OF OEVeLOPH~
The general plan of developoent of TRB WOODLANDS 1. for a planned
re.identlal oommunity oarerully integrating a mixture of single
ramlly and multi-family dwelling unlta with. golf and oountry
club, neighborhood commercial, buainess and office center, water
recreAtional facilities, bicycle an~ jogging trails and protected
vetlands..
lfE'l'LANDS
T~e applicant recognizes the i~portanee of the wetland are... The
applIcant also recognIzes the importance of setting aside and not
developing those areas and other areas which are environmentally
.ensitlve. Tho applicant has utilized the best engineering,
environMental a~~ planning techniques to Inte9rate the nee~. of
the future residents of the community and the public intereet in
planning ita car~rul and lImited use of environmentally sensitive
areAS. This plan offers ample open space and other amenity areas
to the re&ident~.
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S~C'I'IOtI IV
loAIID USE AND R~GU!.\TION
4 . 0 1 PURPOSS
The purpo.. of thll section is to Bet forth the land use and re9u-
lot10no for development of tho property 1dent1fied on tho master
plan.
4.02. PP~ZCT PLAN , LAND US! TRACTS
The project plan, including street lay-out and land use, is illus-
trated in Exhibit -E., -Development Plan-. Include6 1s . schedule
of th~ intended land use types with apprQ~imat. acreages and
.axlmum dwelling units indicated. Minor variatIon in acreages
shall be permitted at fln31 d..lgn to .cco~odate topography,
vegetation and other alte conditions. The specific location and
sIze of individual tracts shall be &ub~itted to the Director prior
to application of building permits in accordance with
S~ction 2.06, Development and Fractionalization of Tracts.
4.03 PROJ!CT DENSITY
,
The total acreage of the THE WOODLANDS 1. approximately 500 acres.
The maxiMum number ot dwelling units to be built on the total
acreage is 1460. The nu.ber of dwelling units per gross Bcre is
approximately 2.92. The density on individual parcela of land
throughout the project ",111 vary according to the type of houslnq
employed on each parcel of land.
4.04 S!ODlmC! AND SCHEDDloING
The applicant has not set .stages. for the 4evelopnent of the
p~OP.rtYI however, 1t Ls e.timated that total build out w1ll toke
approximately seventeen to twenty year.. &xhlblt .p. indicates,
by phase, the estimated absorption of units (by unit type) over
tho Approx1mate 11fe of the bu1ld out of the projoct. The
e&tl~ate may, of cours., change depending upon future economic
factora_
4.0S REC~thTIONAL FACILITI!S.AND'SCREDUL!
The following recreational facllit!ed are scheduled to be con-
structed for the Use of ~he residents Qf THE WOOOL~RDS, although
some of the facilities may be private In nature and require
~emb~rship and memberShip fees. The schedule for development of
these facilitieB relates to the absorption schedule of the PToject
towards build-out.
1. Clubhouse and Colf Course with 18 holes. tennis and
related country club facilities (117.41 acres),
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2. Swlmmin~ pooll
J. Bicyclo path. and oldewalk.,
4. Nature trallsJ ·
s. passive recreational U8es of wetland. and transitional
areal (Preservation 91.40 acre. minimum), *
6. Parks (3.9 .cres minimum).
. sunject to receipt of necessary environmental and other permits
arid approvale from applicable governmental a~encie..
l'ABr.ll'l
l' B E
WOODLANDS
LAND'USIl'SCHEDUr.ll
LAND USE TYPE
DliEr.l,ING IJIlI'rS
Detached Sln~l. Family"
Villas/Townhouses/Cluster
125
258
Garden Apartments
1,077
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ACREIIGE
RESIDENTIAl.
COMMERCIAL {200,OOO sq. ft. maxi~u.l
GOLF ANO COUNTRY CLUB
NATURE PRESERVE. PARK AND IfILDr.IFE SIlHCl'OARY
IS9.0 Acr..
15 +/-Acre.B. .*
117..11 Acres
91.40 Acres
*Exact acreage to be determined at time of site development and
fractionalization, but will not exceed 15 acres.
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SECTION V
GOLP .COURSE
5.01 PURPOse
The purpose of this section is to set forth regul.tions for the
area de.ig~ated on Exhibit -E-, -Development Plan., 4S Goll
Course.
S.02. PEnHITTED USES AND STRUCTURE!
No bul1dln9 or structure, or part thereof, may be ereeted, altered
o~used, or land or wAter uBed, in whole or in part, for other
thon the f011ovlng,
A. Permitted prlncipal'Oaes"and.Structures
1. Golf Course
2. 401f Clubhouse and Country Club
3. Water Management Facilities
8. Peraitted AcceSaorY'Ose.-and-Structurea
1. Pro-shop,. practice "driving rang_, and other
customary accessory uses of golf courses or
other recreational facilities.
2. Small commercial establiShments, inClUding 91ft
ShOPI, golf eqUipment aaleD, restaurants,
cocktail lounges, and .iml1ar ules intended to
!~clusively serVe patrons of the golf and
country c!ub or other permitted recreational
facilities.
3. S~uffleboard courts; swimming pools, and other
types of facilities intended for recreation.
4. Tennis and other racquet sporta courts.
S. Maintenance shops and equIpment storage.
6. Non-commer~ial plant nursery.
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c. GenerAl Requirements
1. Overall 8ite design Shall be harmonlou8 1n
terms of landscaping, en~lo.ure of structures,
location of Iccesl streets And parking areas
and location and treatment of buffer areas.
2. Buildings shall he s.t"back . mini.um of fifty
(SO) feet fro. obuttin9 renidentiol di.triotl
Dnd twenty fIve (25' Eeet lro. tract ~und.rles
ezcept commercial are.. and tbe aet bact area.
shall be landscaped and maintained to act .s a
buffet' Zoneol'
J. Lighting facilitIes shall be arranged In a.
manner which will protect roadways and neIgh-
borIng propertIes from direct glare or other
lntetferenee.
D. Maximum Bel~ht
fifty (50) feet above the flnl~bed grade of the
lot.
E. Off-Street ~orkln9
The off-street parking wIll be .s required by the
zoning ordinance of Collier county.
F. Off-Street Parkfnq tan~.capinq
Landscaping shall'be provided as required by the
zoning otdinance of Collier County.
G. Storaqe of ToxIc Substance.
Storage of substances JdentIfied on EPA Toxic Substance
List shall be in accordance with SeetIon " hereof.
SECTION VI
NA1'llU PRESERVE AND WILDLIFE SANC1'llA.Rr
The purpose of this section I. to set forth the function, treat-
.ent and Use of the Preservation Area deeIinated as such on
Exhibit "Ell.
6.02 PUNCrION
~h. primary function Shall be the preservation of An attractive
resource community, wildlife habitat and Banatuary, retention of
water during rainy seasons ana a ground reeharg8 area as well.. a
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wat!r quality improvement facility. Tbe area will a180 provide
unique recreational opportunitiea and an ~Ithetle experience for
th. ple..ure ot project relident..
6.03 TREATMENT USE
The treatment of these areas shall be the preservation and protec-
tion of flora and fauna with the exceptIon of jogging tralla,
boa~d~.lk., nature traIls, and roadways upon approval by the
Natural Resources HanaqeGent Director. Another objective will be
to prohibit vehicles and construction equipment, unless
specifIcally approve~ by the Natural Resources Management Director
for maintenance, l1alted access Dr other required or peraitted
actlvitYa Removal of obnoxious exoticD, Ie. Melaluca, Schinus,
and othera in accordance vith County Ordinances 82-37 and 82-113
as amended, will b~ ~eguired.
A.maIntained water management system that meet. the requirement of
agoncy permltl viII be established for the area. The water
aanlgemRnt .ystem Cor th~ project will restore the historical
water levels and water level fluc~ua~ion. wIthin the current
adversely impacted cypress strand. Surface water runoff viII b&
directed through qrassed areas and swales into nunerous lakes to
provl~e retentIon and bIo-physical scrUbbing of pollutants. The
lar.es ~ill in turn discharge into the natural cypress flow-way
which will provide additional retention, filtration and uptake of
mat~rl.ls within th' water column. {See Hater Management Plan
submitted vith this applIcation or as ~ ba reviled and/or updated
for further details.J
In areas of ve9~t4tlve types which are protected by ordinance or
la~, development shall be limited BO .. to pre..r~e and maintain
the v~getat:ion as JRuch aJ practicable. .Hnor passive recreational
facilities may be permitted upon approval of tbe Natural Resources
Management Department, planning Department and any other
app~opr18te County Depart~ents upon .ub~lttal of conceptual site
plln~ The final d~si9n and locatIon of roadways and water
management berms crossing this area shall be approved by the
County Engineer, Natural Resources Manaqement Director, other
appropriate County departments, and other governmental permitting
agencies.
6.04 PERMITTBD USES AND STNUCTURES
No building or &tructure, or part thereof, may be erected, altered
or used, or land or water used, in whple or in part, for other
than the following:
A~ Permitted prlncipal'Usea'and'Structure.
1. ' Llmltea access roads.
2. Nature trails And Boardwalk.
3~ paths and bridges to provide Access from the
uplands through the are..
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4. Mater management facilitles.
5. Other facLlities for recreation, conservatIon
and preservatioh when approved by the Director In~
Natural Resources Management Director.
D. Permitted Acce._ory Oses and-Structures.
1. Accessory U.es and strUctures ~ustomlrily
associated with the usea permitted In this
district, upon approval by Director and Natural
Resources Hanage.ent Director.
6.0S. RECDLAT10NS
A. Ge-neral
1. All dtvelo~en~ including clearIng, gr.~ln9 and/or other
earth work ahall be in accordance wIth the comaltment.
In Section XI of this docu.ent And approved by the
Natural Resources Manag._nnt Department.
2. All Itructures or other development Sh611 be 8ubject to
receipt of necessary permits and authorIzations fro.
applicable County, StAt. And Federal Governmental
bgencies.
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SECTION VII
DETACRED'S1NGLe'~AK1LY
7.01 PDRPOSe
The purpose of this section 1. to set forth the regulatIon. for
the parcel. dB. ignited on Exhibit .E~ -Development Plan- And Table
1 .s Dotached Single Pamlly (S.P.).
7,02 MAX1HUII DWELLIIIG WITS
A maximum of 125,dWBl1ing unit. may be constructed in S.P. areAS.
7.03 PERH1TTED USES. STRUCTURES
No buildlng or structure, or part thereof, maybe erected, altered
or used; or land or water use~, in wh~le or in part, other than
the foIl owing:
A. Persitted Principal.Vae. '.Structures
1. Single family detached dwellings.
2. Water management facIlities
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3. Open .pace. and related recreational
facUltIes.
B. Per.ltte~ Acce..ory O.es"'Structures
1. Customary aeeeBaory uses and .~ructure., in-
cluding priv&te garages.
2. Model home. In conjunction with promotIon of
the development for a period not to eKe.ed
three yelrl fro. the Initial use al . model.
3. Temporary salel facIlities for a specific project
for the inlttal I.le of residence. or lots .s
permitted ny'zoning ordinance In effeet at ti..
building permit i8 requested.
REGULATIONS
A. Ceneral
All yard let b~ek., etc., shall be 1n relation to the
individual lot line boundaries.
B. Hinimua Lot Area
All lot. in tbis section shall have at leAst
(B,OCO) square feet.
C. Kinimum Yard Set-Sacks
1. Front: yard - 25 feet.
2. Side yard - 10 feet.
3. 'Rearyard' ISleet.
D. MInimum Floor'Area
KimimuM floor area ahall be 1250 square feet.
E. Off-Street parkinq
Two parking spaces shall be required for each
dwelling unit.
r. Haxlmua Height
Thirty five f~et above finished grade of lot. Accessory
building" limited to fifteen feet above flnl.hed grade
of lot.
G. Minimum Lot Width
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1. Corner Lot - 'S f..t.
2. Interior Lot - 80 feet.
SECTION VIII
VILLAS -'~OHH900SES'-'CLUSTBR
8.01 PUIlPOSB
~h. purpose of this section is to Bet fortb the re~ulation. for
.the areas designated on ExhibIt -E- Development Plan and Table 1
a8 Villas - Townhouse. - Cluster C.V/TH.).
MAXIMUM DWBLLING UNITS
A .axinu. of 258 dwelling units may be constructed "in all of the
.vln- parcels.
8.03 PERMITTBD USBS "STRUCTURES
..:..:.~
No building or structure, or part thereof, may b. erected, altered
or used, or lAnd or water used, in whole or In part, other than
the followings
A. Permitted Principal.Ose.".Structur~s
L Single family un! ts as- individual struct.ures or
.s combinations up to and inc~udin9 eight at-
tached units per structure. Such unit types .s
single family attached, duplex, patIo, cluster
attaChed, cluster detached, vIlla attached or
detached, townhouses and Zero lot lines are
permitted.
2. Water management facilities.
3. parks, open apaces and other ~ecre.tional out-
door facIlities.
4. Tennis courts, handball and racquetball courts,
swimming pools, shuffleboard courts and other
slmi10r tocilitle..
5. Sewaqe treatment, water treatment and water
storage.
s. Permitted Acce88ory'Use..'.Structare.
t. Customary accessory uses and structures inclUd-
ing prlv"te garages.
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2. Signs as peraltted by the sonln9 ordinanee of
CollIer COunty in effect at the tl.. . building
permit 11 requelted.
J. Model homes in con'unction with promotIon of the
development for a period not to exceed three years
from the Initial use as a .odeI.
.. Temporary sales facIlitlel for the Initial ..1es of
units for a speciflc project ss perMitted by zonlng
ordinance in effect at the tim. buildIng permIt. are
requested'.
1.04 REGULATIONS
A. Site Plan Dealqn
The overall site plan de.1gft shall be harmonious in
ter.s of landscaping and enclosure of structure.,
location of aceel' street. and parkIng area_ and
location and treatment of buffer areas.
B. Lighting PacilitIes
Lighting facilities vIII be arranged in a manner which
viII protect ro~dway. And neighboring propertiea frOM
direct 9lare or other interference.
c. Kaxl.uD Belqht
Thirty five feet as measured from the finished grade of
the lIte.
o. Hlni.um"Set-Back'Requirementa
All principal Use bulldings, shall be set back a minimum
of 25 feet frdD tract boundaries. All otber uses sh~ll
be Set back a minimum of 15 feet from fractlonall:ed
tract boundaries.
E. Distance Between.Struetures
Betveen any two princIpal structures - one-half the sum
of their heights but not less than 15 feet.
r. Klnl.uM lIoor"Area
PrincIpal use structure where identified in Section
8.03 shall be as follows:
,One story structures shall contain not less
than 1000 square feet.
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SECTION IX
C:AllDEIl APAItTIIEII:rS
".01 l'UIU'OSB
~h. purpo.. of this "ection i. to aet forth the regulation. for
the area designaled on ~xhLbit .t. Development Plan and Table 1 .a
Garden Apartments (RGA.).
!~IKUH DWELLING ONI:rS
A ..xlmua number of 1,132' dwell!"; unit. may b. constructed in all
ot the Garden Apartment paccels.
',03 USES PBRMITrSn
No building or structure, or part thereol, shall be erected, al-
tered or used, or land or v_ter used, 1n whole or part, for'otber'
than th. follovlngl
A. principal Ose.
1. MUlti,family re.idential building..
2. park., open spaces And other recreational
faeUitl.e.
J. Water management faeilities.
4. signa.. permi~ted by the Zoning Ordinance In affect
at the tiDe a ~uildlnq permit is requested.
B. Perattted ~ee..orY'Use.'and.Structure.
1. CustoQary accessory uses and Btructure., in-
cluding private qarages.
2. Model dwelling units in conjunction wIth the
promotion of the development for a period not
to e~ceed three yoar. from the initial use A8 a
model.
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3. Swimming ?ools, tennis courts, racquet courts
and related facilities.. .
~. Temporary sales facilities may be permitted for the
inltLal sale8 of units for A specifIc project In
accordance with zoning ordinance in effect at the
time building permits are requested.
5. Signs as peraltted by zoning ordinAnce in effeet at
time building permit is requested.
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A. Lot Area
Two acres ~ini~u=.
8. Lot 1l1~th
~vo hundred feet ainlmua.
C. Helqht of Bull~lnq.
Three habitable' .floors above parking. A lIaxb,ulll of
Beven habitable 'tloors above parkIng .ay ~
approved to protect existing nalural vegetatlon upon
approval of the Directo~ and Xatural Resouree. Director
through a conceptual or fInal site development plan. I
Bul1dlnqs adjacent to the project. boundary property.
line shall not be approved for the additional hei9ht.
D. MinI.uM Yard Setback
Fifty feet from major eollector roads d..ignate4 on
the Haster Plan, twenty-five feet froll tract, or
development plrcel line. and/or fro. the C69* of
the gutter or private road, tventy-flve feet or
one-half the height of the structure, whichever i.
greAter, exeept that ~etached aceesaory &tructures
shall be set back twenty fe.~ or one-half the
height, whichever ia greater.
!. Diltanee Between'Struct~re.
1. Between any two princIpal structures
half the sua of theIr height..
one-
2. 8etveen any two accessory etrurturea
holf the .~~ of their height..
3. In the ca.e of clu~tered buildings with common
archltectural themes, tbe distance ..Y be leBs,
provided conceptu.l aDd/or final ait.
development plan i. approved.
one-
r. Hini.u. Livlnq"Area
7S0 aquarl feet ot livini areA per dwel~lng unit within
principal .truc~ure.
c. Off-Street Porklnq
p~inclp.l use structureS which are identified
herein shall contain A minlmu. of two parking
spaee. per dvcl11ng unit. The Director may pe~lt
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B.
. 1/2 space per unit to be unpaved when
circuMstances In~ie.te infrequent UBe. However,
those unpaved space. shall b. left In natural
vegetation and reserved for future paving if deemed
to be necessary by the Zon1n9 Director.
Off-Street partin; Landleaplng
Landseapin9 shall b. ptovLded .. requited by
zonin9 ordinance of COllier County in effect
time a building permit is requested.
the
at the
t. Buffer Area
A landscap~d buifer shall be provided along any tract
boundary adjacent to the WOodlands project boundary
including adjacent to the roadway along the ealt and
west project boundaries. A landscaped buffer is not
required along trAct boundaries e~jlcent to internal.
roadways where a preservation area exists or where the
qolf course exists. The design of the buffer .b.ll melt
the standards of the Zoning Ordinance in effect at the
ti~e building permits Are requested. ~h. buffer ahall
incorporate existing natural vegetation.
SEC!l'IOIf X
COKMUNITY SBOPPING AND BDSINESS OFFICE CERTER
~.
PORPOSE
The purpoE8 of this section 1. to set forth the plan and regula-
tions for the areal de.ignated on Exhibit -S. De,elopment Plan ..
Community Shopping and Bualne.a Of tic I Center (.C.).
PERMITTED OSES . STRUCTQRES
No b~lldlng or structure, or part thereof, may be erected, altere4
or used, or land or vater uaed, in whole Or in part, for othe~
than the follo~Jng;
A. Permitted Uae.
1. Antique shops
2. Appliance Itores
3. Art stud io.
~. Art supply ~hops
5. . Automobile parts stores
* 6. Automobile service atatlons
7. Bakery shops
B. Banks and financial institutions
* ~utomobile service statIons ahall on1r ~ ~\lowed fro. an~ after
two (2) years from the date -of this Development Order, unless
prohibited or otherwise restricted as provided in Section t1.12(L)
hereof..
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11.
12.
13.
14.
15.
16.
17.
18,
19.
20.
21.
22.
23.
H.
25.
26.
27.
21.
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32.
33.
34.
35.
36.
37.
3B.
3'.
40.
41.
42.
43.
44. .
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
5'.
Barber and beauty Ihop.
Bath supply storel
Bicycle sales and services
BoolI: stores
Carpet sales-not includIng Itorage or installation
Chil~ care center IUbject to aite plan approval
Clothing stOres
Cocktail lounges
Confectionery and candy stores
Delicate.sen.
Drapery shops
Drug store.
Dry 9oo~. atpre.
Flot'!st shope
f'.ood Harkets
Purniture at.orel
el ft shop.
Gour_et shop
Hardware atores
Health food atores and he.lth facilities
Hobby supply stores
lee cream stores
InterIor decorating showrooms and office
Jewelry stores
Laundries
Liquor stores
Lock..1Ii th
Medical clinics
Ml111nt!:ry shop.
Music stores
Offices, general and professional
Office supply store.
Paint and wallpaper stores
Pet shops an~ supplies
Photographic equipment stores
post office
Radio and televisIon salea and service
Restaurants
Shoe salea and repairs
Shopping centers
Souvenir storel
stationery storel
TaUor shops
Tile sales - ceramic tile
Tobacco shops
'l'oy shops
Tropical fIsh storea
variety stores
Veterinary offices' clinics (no outside ~ennelin9)
Watch and precision instrument repair shops
Any other cummercJal use or professional
service ~hich is comparable In nature with the
foregoing uses And which the Pirec~or de~ermlne8 to
be compatible in the district.
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60. Water management facilities.
B. Pernitted Acc~..ory Dsea and Structures
I.
Accessory uses and structure. customarily
a..ociated with the us.a permitted in this
dhtr1ct.
2.
Temporary salea/informatIon facilities mlY be
permitted at the Director's discretIon.
;
HIWIKON YARD RBOUIRBNEHTS
-Buildings shall be set back. minimum of 35 feet from all roadways
and ~r.ct boundaries_ A buffer area of At least 10 feet shall b.
.aln~.ined between parkIng areas and any r~.dwaYB Or resIdentIal
parc'!-1s.
BDIU'ING SEPARATION
All buildIngs shall b. separated 20 feet or one-half the SUII of
tbeir heI9hta whichever is greater except thAt in the case of
clustered bUildings with . common architectural the~e theBe dis-
tan.cl~s cay be 1... provided that a .lIte development plan ia
approved by the Director.
10.05 !!!!!EtCH FLOOR AIlEA OF PRINCIPAL-STRUCTDIlES
One t.housand square feet per building on the ground floor except
th.t,free standIng specialty structures of nationally recognl:ed
.tanclllrd sir:. lea. than one thousand square feet shall be permit-
ted "hen sIte development plan ApprOVAl has been received.
~IUH HEIGHT
50 fnet above finIshed grade of lot.
KINIHDN OFr-STIlEET PARI<ING-'-OFF-STIlEET-LOADIRG-REODIRBMEHI'S
As rE!quired by the zonin9 ordInance of Collier County_.
10.08 MINIlIUM LANDSCAPING IlEOUIREMENTS
Ae r~qu!red by the zonln9 ordinance of COllier County_
SIGIlJ:'lE
Signn as permitted by the 'Zoning Ordinance In effect at the time a
permit 1s requested.
CONC~PTOAL SITE PLAN-REVIER
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A donc~ptuAl site plan for each commercial tract al shown on tbe
Ma.t Plan .hall be .ubmltted for reviev and approval prior to
fnct.ional fzatlon of t.h. tract.
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Th~ exlBtlnq ".6 acre eom.erelal parcel on the southeastern
cotner of the proj_et can be expanded to . maximum of 15 acre. in
thJs lOCAtion to the wetland de.arcation line 10 long .a the
entrance doea not split the co..ereiat tract. It the best
loc..tion of the entranet ro.d would splIt the commercial tract,
the Inme will be subject to approval by the COllier County
Pl&nntn; Commission.
SB<:'rIOH XI
GBNBRAL PBVBLClPKBEr COIUIITllEllTS
PUl~
The purpole of this section ia to set forth the atandards for
a.~eloPRent of the project.
Pun METBR PBVBLOPKBIlT'PLAH.
.
A. The PUD Master Plan and the Development Plan illus-
trate Q prellainary development plan.
n. .The des.f9n, criteria and lay-out illustrated in the
Kaster Plan and Development PlAn shall be underltood
aa flexible co that the final design may comply with
all appll<lble requirement. an~ be.t utilize the
existIng natural resources,
C. All necessary easements, dedications or otber in-
struments sh.ll-be executed or granted to insure the
continued operation and maintenance of .11 service
utilities.
P. Hinor design chang.. which are in the spirit of this
document are permitted 8ub'ect to Itaff review and
approval. Staff ahall revlev any propo8e~ change
for compliancJ with this PUD document, compliance
with the general Intent of the Master Plan,
compatIbility with surrounding use., And maintenance
of the preservation areas.
E. overall site design shall be harmonious in terms of
landscaping and eneloGure of ctructurea, location of
all improved lacilities and location and treatment
of buffer areas.
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7. To protect the inteqrlty of the Planned Unit
Development, the ace.a. road. Iwltb the exception of
the eom.ere!.l areaJ may be private road. A' shown
on the Development Plan whicb .ay be protected by .
guard house or other li.ited Ace... structure with
the exception of temporary construction roads neces-
sary to construct and build certain facilitie. on
the proj eet.
G. Water manaq.ment fa.l1iti.. and lak.. ,hall b. only
the size and depth required to meet the needs of the
developer for fill on the property or as required
tor ~ater .anagement and water quality purpoae.. The
developer shall us. the material excavated froa these
lakes as llll .s needed on the site for road, buIlding
and general sIte gradlng.
11.03 CLEARINC, GRADING, !ARTH"woax"'SlTE"DRAINAGB
All clearln9, ~rAdlng, earth work an4 .ite drainage Shall be per~
foraed In accord.nc. with 411 applicable atat. and loc.l cod...
EnvIronmentally sensitive areas and prote~ted plant species viII
be carefully marked and protected durIn; construction using the
b~5t aVlilable management techniques &0 as not to har. any such
areas or plante.
.!!!!illill
A. Mater and Sever I
1. Water distributions and sewage collection and
transmission .yste.. will be constructed throu9hout ~he
project development by the developer pursuant to all
current require.enta of COllier County and tbe State of
ForIda. Hater and sewer fBeilltieR constructed within
platted rights-af-way or within utility easementa
required by the County shall be conveyed to the County
for ovner&hlp, operation and malntenanee purposes. All
water and lewer facilities constructed on private
property and not required by the County to be located
~lthln utility easements Iball be owned, operated and
maintained by the Developer, hi. 8881gnl or luccessors.
Upon completion of construction of the water and .ever
f~cilltleB within the project, the facilities will be
tested to lnsure they meet COllier COunty's _inlmum
require..nts at which time they will be conveyed or
transferred to the County, when required by the Utilities
Division, pur5uant to appropriate County Ordinances And,
Requlatlon.' in effect at the tille conveyance or transfer
is requested, prior .to bein9 placed into service.
2. All construction plans and technical specifications and
proposed plats, if applicable, for the proposed water
distribution and 3ewage collect!on and tran-.18sion
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facilities must be reviewed and approved by th. Utillti~.
oivision prior to commencement of conltructIon.
J. All customers connecting to the vater distribution -and
se~age collection facilitle. will be custODer. of the
County and will be billed by tho County In acoordance
with th. County'. ..tabllshed rate.. Sbould the County
not be in a position to provide vatar andlor sewer
service to the project, the wator and/or sewar customers
.hall be cu.t~ers of the Interim utility established to
servI tbe project until the County'. off-site water
and/or sever facllitle. are available to .erve the
project. :
4. It i. anticipated that the County UtIlltIe. Division viII
ultimately supply potable water to meet the consumptIve
de.and and/or receive and treat the sewIg8 generated by
this project. Should the COunty .Ylte. not be in a
position to supply potable water to the pro'ect and/or
reeelve the project'. wastewater at the time development
commences, the Developer, at his expense, will install
and operate inter!. water supply and on-.it. treatment
facilities and/or interi. on~.ite sevag. treatment and
disposal facilities adequate to meet all requirements of
the appropriate regulatory ageneies.
s. An A9reeme~t shall be entered into between the County and
the Deyeloper, bInding on the Developer, his 48119n8 or
aueeessora, 1e9a11y acceptable to the County, prior to
the approval of constructiDn documents for the proposed
project, state that:
a) The proposed water supply and on-site treatment
lacilities and/or on-alte vAstewater treatment and
dtsposal facilities, If required, are to be conatructed
as part of the proposed project and _Ult be re90rded a.
interimr they Jhall be ~on.tru~ted to Stato and Federal
standards and are to be ovned, operated and maintained by
the Developer, hi. assi9ns or successors until such ti~e
as tbe COunty's off-site vater facilities and/or off-site
sewer f~cl11ties are availabl. to service the project.
The interim treatment facil1tie. shall supply services
only to those lands .pproved by the County for
development a The utility racl1ity(ies) may not be
expanded to provide water and/or sewer service outside
the devel~~ent boun~ary apptoved by the County without
the written con~ent of the County.
b) Upon connection to the County's off-site vater
facilities, and/or sewer fAcilities, the Developer, his
aSli;n8 or sueeeSSDrs shall abandon, dismantle and remove
from the site the interim water and/or sewage treatment
facility and discontinue use of tho water supply source,
if applicable, in a manner eonsistent with State of
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Plorldl Itandlrdl. All work related with thll Ictlvity
shall be performed at no cost to the COunty.
c) Connection to the County's off-site ~ater and/or
sewer facilities will be made by the owners, the assigns
or Buccessors at no cost to th. County within 180 days
after such facillti.s becoMe avaIlable. The cost of
connection ahall include, but not be lImited to, .11
engineering design and preparation of construetion
documents, permitting. modlflcltlon or refitting of
sewage pumping facilities, interconnection with County
off-sIte facIlities, water and/or sewer lines necessary
to make the eonnection(s), etc.
d) At the time County off-Blt~ water andlor sewer
facIlities are available for the project to connect with,
the fOllowing water and/or .ewer facilities shall be
conveyed to the County pursuant to appropriate County
Ordlnanee. and Regulations In effect at the time:
1) All water and/or sewer facilitLes constructed in
publicly owned rightl-of-wlY or within utility
easements required by the COunty within the project
limits and thos~ additional facilIties requir~d to
make conneetion wIth the County's off-site water
and/or lever facilities, or
2) Atl water and sewer facilities required to
connect the projeet to the County's Off-site water
and/or sever facilities wh~n the on-sIte water and/or
sewer f.cilitles are constructed on private property
and not required by th. County to be located within
utility easements, Including but not limited to the
follow:f. nq;
a) Haln sewage lift station and force main
Interconnecting with the County sewer flcilitles
including ~ll utility easementa necessarYI
e) The customera served on An interim bas!s by the
utility .ystem constructed by the Developer shall become
customers of the County vhen County wate~ an~/or sewer
facilities are available to _.rve the project and .uch
connection i. made. Prlo~ to connection of the projeot
to the County" vater and/o~ sewer facilities the
Developer, his assignes, or Succecsors shall turn over to
the County a complete list of the customers served by the
interim utili tiel system Ind shall not. compete with the
County for the service of those customers. The Developer
shall also provide the County with I detllled Inventory
of the flcilltiel lerved within the project and tho
entity whicb will be responsible for the water and/or
sewer service billing for the project.
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t) All construction plana and technical specifications
related to connectlon. to the County'. off-site water
and/or aeW.r facllltl.. will b. .ubmltted to the
utilities Division for review and approval prior to
eo.meneement of construction.
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g) The Developer, hl~ als!,nl or successors agree to pay
all .yste. d.velopment charg.. at tho ti.. that Building
per.its are required, pursuant to appropriate
County Ordinances and RegulatIons In effect at the time
Gf perait request. Thi. requirement shall be .ade known
to all prospective buyers of properties for which
building permits will b. required prior to the start of
building constructIon.
h) Th. County at It. option may 1.... for oper.tlon and
maintenanea the water distribution and/or sewage
collection an4 transmlslLon system to the project
Developer or his As&lgn. for the sum of $10.00 per year.
Terms of the lease shall be determIned upon co~pletion of
the proposed utility conltruction and prior to activation
of the water supply, treatment and distribution
facilities. The Lease, if required, shall remain in
effect until the County can provide water Bn~/or sewer
service through its off-aite facilities or until such
tIme that bulk rate water and/or sewer service agreement.
are negotiated with the inter!. utility system serving
the p'Cojectl.
B. Data required under County Ordinance No. 80-112 ahowing
the availability of sewage service, must be submitted and
approved by the Utilities Division prior to approval of the
constructIon documents for the project. Sub.It a copy of the
approved DCR permits for the sewage collection and
trangmisslon systeDs and the wastewater treat~ent facility to
be utilized, upon receIpt thereof.
c~ If an interim on-aite water supply, treat~eht and
transmissIon facility i8 utIlIzed to serve the proposed
project, It MUGt be properly sized to 5upply average and peak
day domestic de~and, in addition to fIre flow demand at a
rate epproved by the appropriate PIre Control District
servicing the project area.
D~ When the County has the ability to provide sewage
treatment and disposal and/or ,water supply ~nd.dl!1tr~~utio~.. ..,_...
services, the Developer, hi. assigns"oJ:'succe8s.ors'vl11 De.......:;.r;--.~
responsible to connect to these ~aell1tie. at a point to be. .
mutually agreed upon by the County and the WOodlands o~ner, .
with the Woodlands assuming all costs for the connection work
to be performed.
E. The project's Owner(s), his assigns or suecea80ra shall
negotiate In 900d faith with the County for the UBe of
treated sewage effluent within the project limits, for
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irrigation purpose.. Tbe OWner would be responsible for
providing all on-site piping and pumping facilities froD the
County'. point of delivery to the project and negotiate with
the County to provide full or partial on-site storage
facilities, .. required by the DtR, consiltent with the
volume of treated wastewater to be utilized The WOOdlands h..
first right. to effluent 9.ner.te~ by the project.
F. The COunty may require, and the developer agrees to
furnish a site up to 2 Acrea in aize for 2 M.G. storagl tank
and re-pump facility at a mutually agreeable loeation. Th.
County hll until January I, 1990 to notify the owner if the
.ite will b. r.quired~ The owner Ihall set aside the site
for County Ule. In ths event the tsnk end/or re-pump
facilitlel have not been installed by 1995, the County shall
relinqullh its inter.st in the lite.
It i. understood that the COunty ..y require the NOodlanda to
Install a vater storage tank On alte if County water
facIlities are not aVAilable at the time occupancy of the
deYelop~ent has commenced. Should the County desire to
oversize these facIlities in anticipation of future demands
and growth when the County'. water facilities are available
to serve the project, the County .hall negotiate _
satisfactory method of reimbursement to the developer for
such oversizing.
G. Construction and ownerShip of the water and sewer
facilities, including .ny proposed interim water and/or
sewage treat_ent taclllt!.., shall be in coapllanee with all
Utilities Division standards, Policies, Ordinances, etc. in
effect at the tIme construction approval 18 requested.
8. Prior to approval of construction documents by the
utilities Division, the Developer muat present verificatIon,
pursuant to Cnapter 367, Florida Statutes, that the Plorida
Public Serviee co~lss1on ha. qr4nted territorial rights to
the Developer to provl~e Bewer and/or water 8ervl~e to the
project until the County can provide these services through
it. WAter and sewer facilities.
I. A d.tailed hydraulic delign report oovering the vstor
diotrlbution Iy.tem to .erve tbe projeot mule b. lubmitted
~!th the construction docuaenta tor the pro'ect. Tbe report
_hall list all dellgn a..u~tlon., d~m.nd rat.. an4 other
factor. per~in.nt to tbe 'flt.. ~n~.r oonalder.tLcn.
11.05 SOLID KAST& DISPOSAL
Necessary arrangements and agreements ahall be aade with An ap-
proved solid ~ast. disposal service to provide for 801i4 vaata
collect Lon service to all areas of the project.
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RECREATIOKA~ FACI~ITIES
;
The nature tralls, bike paths, and other recre.tional are.. and
facilItIes and access thereto shall be maIntnined by a home owners
association. In addition, any future recreational facilities, as
may b. needed by the fut~re residents of thin project, shall be
funded through a syste. of revenues collected by the home owners
assocIatIon. Ivery residential unit owner of the development
shall become a .lIlea!'Jer of the home O\lner& association.
11.07 TRAFFIC IKPROVEKENTS
a. The proposed -loop. road within the project shall be
claslified and ~~ilt to County Subdivision requlre~ent.
for & .1nor collector.
b. The POD document, section 11.02-F, BtateB that the roads
may be private with the execeptlon of the access road
through the comae~cial area. ~e road through the
commercial arca may possibly be designated publio
providing all delign requirements and stipulations of the
engineering Department are complied with at time of
des 19ft and construction.
0, The projeot shall be provided with One additional point
of ,ccess to the "loop. road for eRu:rqency yehicle un.
This access will be located along the west boundary as
shown on the master plan.
d. The developer shall dedicate right-of-way along the
eeetern boundary of the project to b. utilized aa part of
the county I. future arterial nntwrJ:. .ystell. The
developer shall dedicate enough right-of-way so that the
County will heve 120 feet of right-of-way frOQ County
Road 8~6 to the northern project boundary, taking Into
consideration the existing 30 foot easement on the weat
border of Section 22 for .ppro~imatcly the first one-half
mile on the southerly portion ot Section 22.
e. All access roads/dri~e& Bhall be liftlted to the acce..
points shown on the master plan. The proposed commercial
areas shall not have direct access to Immokalee Road, All
drives ahall be connected to the access roads bullt by
this projeot.
f. All traffic control devices used, excluding street name
.Ign., .hell conform with the KUTCD (Chapter 315.0747,
~). .
g. If the four laning has no~ been started, the developer
ahall p~ovlde an eastbound left turn storage lane and a
westbound deceleration lane at each project ent~.nce
bero~e any certL!icates of occupancy are iB.ued~
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h. The developer Ihall provide a fair sharo contribution
toward ~he capital cost of a traffic .1gnal at any
project entrance wh.n d....d warrant.d by the County
Engineer. ~e 11gna18 shall be owner, operated and
ma1ntalned by Collier County. .
i. The developer shall provIde arterial level street
lighting at each project entrance. Tbe operating and
malntenanee costs of these units shall be assumed by
Collier County.
STREll'tS
The streets within the pr~jeet may be privately owned and main-
tained, with the exception of the north/soutb right-of-way eAse-
ment on Lhe eastern boundary of the project. The access streets
which cross environmentally sensitive (per.it required) areas viII
be minImIzed in width to redu~a iapaetl on the environment ~
a roval of the Count En ineer and the Natural Resources
anaqement DepArtNent. yp ca .e~ 10na ate . tiC e AS xhlbit
.u".
11.0' EXCEPTIONS TO COUNTY'SU3UIVISION-RZGVLATIOHS
A. Article X, ,Section 19r Street na~. aigns shall be
approved by the County Engineer bu~ need not meet
U.S.D.O.T.F.R.W.A. Manual on Un1for. Traffic Control
Device.. Street pavement painting, atripin9, and
reflective edging requirements shall be waived; except at
entrances.
B. Article XI, Section 17.F . G: Street right of way
and cross-section for specified road. shall be ae
shown on txhibit -G-, provIded that a sidewalk or
bikepath be provid.d on both .1de. of four lane
roads and the ~loop- road shall .eet subdivision
requirementa for a minor collector. For purposes of
this require.ent the east north/south road will be
considered a two lane road.
C. Article XI, Section 17.H; The 1,000 feet maximum
dead-end street length requirement shall be changed to a
maximum of 2000 feet. 'I'he road on the east
boundary of the proj~ct is not SUbject to this
limitation. ..
Article XI, Section 17.11
street intersections shall
for loeal roads only.
E. Articl. XI, Section l7.K. The requir.ment for 100
feet tangent sections between reverse curves of
D.
Back of curb radii at
be a mini.um of 30 feet
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.treet. viII be vaived if agreed upon by the County
Engineer and the NRMD.
r. Article XI, Section 21: The requirement for blank
utility eaaln;s shall be waived except at entrance.,
subject to installation of utilIties prior to Btreet
construction.
G. Article XI, Section lOa The t'equlrement that PM's be
1nstalled in typical water value cover 11 waived.
rOLLING PLACES
POlling PIaee. shall be provided in accordance with Section 9.11
of the Zoning Ordinance, An~ a. may be Amended In tbe future.
.,' 11,12 EllV!IlDNH!:lITAL STIPULATIONS
A. A lite clearing plan shall be submittod to the Natura!
Resources Manag...nt Department and the Community Development
DIvisIon for their review and approval prior to any
substantial work on the sIte. Thil plan ~a, be SUbmitted in
phases to coincide with the development schedule. The site
clearing plan sholl clearly depict hov tho final .ito loyout
incorporates ret~ined native vegetation to the maximum extent
possLble and how roads, bUildings, lakes, parking lots, and
other facilltlec have been oriented to accomodate this goala
B. native speci.s shall be utilized, where available, to tho
maximum extent possible In the aite landscapIng design. A
landscaplng plAh vill be submitted to the Natural Resources
Management Department "and t.he Community Development Division
for their revie~ and approval. This plan will depict the
incorporatIon of native speclea and their gix with other
species, if any. The goal of .ite landscaping shall be the
re-creation of native ve~etation and habitat characteristics
lost on the site during construction or due to past
activities a .
C. All exotic plants, as defined in the County coae, shall be
removed durln9 each phase of construotion from developaent
areas, open space areas, and preserve areas. Pol1owl~9 site
~eYelopment a naintenance program ahall be implemented to
prevent reinvasion of the site by such exotic speeles. This
plan, Which vill descrIbe control techniques and inspection
intervals, Shall be file~ with a~d approved by the Natural
Resources Management Depart~.nt and the. ComMUnity Development
Division.
D. A sIte archaeological survey will be conducted prior to
commencement of construction. If during the eours. of site
Clearing, excavation, or other constructional activities, an
archaeological ~r historical site, artifact, or other
indicator is dls~overed, all developm~nt at that location
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shall be immediately stopped and th. Natural ae.ourc..
Management Department notified. ~evelopnent will be
su~plnded for a sufficient length oC ti.e to enable to
Natural Resouree. Management Department or I delIgnated
consultAnt to assess the find and deleraln. the proper course
or aetlon In regard to Ita lalvageability. The Hatural
Resouree. Manlgement Departmant vill relpond to any sueh
notification In a ttaely and efflcitnt Manner 80 .a to
provide only a mini.al interruption to any constructional
ActivitIes.
s. Once specific aite clearing plans are SUbmitted, boundar!es
of area. proposed (or development shall be set and flagged in
tho field by the peti~ioner, subjeet to approval by HRHO.
P. Boundarl.s of arell proposed lor preservation shall be set
and flagged In the field by the petitioner, aubjeet to
approval by NRMD.
G.' A monitoring program sball ba desi9~ed by the Petitioner
subject to revIew and approval by NaMD to determine
concentrations of potential pollutants In the pareells lakes,
preserves, ana groundwater. The details ot the monltor!ng
progr.. shall be mutually aqree4 upon between the petitioner
and the NRMD at a date prior to the eommeneement of cite
developaent. Details of the .onltorlng program are hereby
incorporated -by reference into this PUD document. The
monitoring program shall Includer
1. Surface wator in lakes, eypress preserves, and other
retent!on areas,
2. Ground water monitoring of selected locatlenl,
J. Lake sediment mon!torin91
4. A sampling frequency Adequat. to allow assessment of
pollutionr
5. If any violation of the State water quality standards are
attributablo to the development, the causation will be
modified or stopped (if deemed necessary to NRKD) and
remedial action taken and, upon the request of NRMD,
More intensive monitoring will Occur. Lastly, if during
this monitoring program a wellfleld protection ordInance
ia adopted by Collier County, the Woodlands ahall be
subject to the more atrInge~t of the t~o programs.
H. Storage of Any aubstances identified in the EPA Toxia
Substances Control Account Lilt (Chapter .0, CPR 2'1, a180
adopted by the State as lAC 17-30) must be in tha faellity
and the" location aubjl!!!ct to the approval of H~D.
I. It has been agreed that the locatIon of the Si-COunty
CorrIdor 18 to be located along the eastern boundary of the
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property. The County i. conl14ering two 41~ernatiYe routeB~
Determinntion of the finel elternntive will be sUbject to
reviev and approval by the owner and the Natural Resources.
Management Depart..nt.
~. The petitioner shall I.~i.fy all stat_ (Florida Came and
Fresh Water Fish Commislion) an4 federal (Dnited State. Plah
and Wildlife Service) stipulatlons concerning protected plant
and animal .peelea.
K. For all of the stipulatIons above, mutual .qreementa must bo
reached betveen HAHD (an~/or other COunty departments .a
indicatedl and prsonnol of the WoodlendB dBveloraont. If
mutual agreementa cannot be reached, the matter will be
brought before theEAC or whatever County environmental
r~vlew board Is in pOwer at the time of disputes, thi.
qoverninq entity will let .a an arbitrator for disputes. If
arbitration is futile, the matters will be brought before the
Board of County Commissioners (BCC), the Bce to act ae the
final arbitrator.
L. The County Is considerln9 adoption of an ordinance which may
prohibit, limit, require additional safeguards, or otherwise
control and regulate activities within the Coral Reef Aquifer
relating to the storage and/or distribution of pttrole~
products. Assuming there have been no pe~its issued for en
~utomobile service station for this project [see 2 year
moratorium on s~me in Section 10.02(AJ(6) hereof), at the
time of adoption of said ordinance, this project shall be
subject to said ordinance and developer reeognizes that the
same may prohibit or regulate automobile &ervice stations in
this project.
, , .13 WAT~R M~NAG!:Il~NT STIPULATIONS
A. Detailed site drainage plane ahall be submltted to the County
Engineer for ~eview. No construetJon permits shall be i.sued
unless and until approval of the propo~ed construction in
accordance with tb~ submitted plan. is granted by the Water
Management AdviBory Board and the Countt En91neerlO
B. Construction of all water management facilities shall be
subject to complIance wl~h the appropriate provisions of the
Col11er County Subdivision RegUlations.
c. An Excavation pecmit will be required for the proposed lakes
in accordance with Collier Count~ Ordinance No. 80-26, as
amended by Ordinance 83-3, and as may be amended in the
future.
D. Storage of hazardous material. in aboveground And underground
tanks shall conform to the Minimum requirement. provtde~ in
F.^.C. 17-61. For the purpose of this stipulation, hazardous
materials are defined as those materials addressed In the
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EPA'. Torlc and Controlled Substance ll.t. A Spill
Prevention COntrol and Counteraeasure Plan for all above
storage and underground tanka shall be approved by the
Water Management Director and NRHO, conSidering
recomnendtions trom the Environmental Science And Pollution
Control Department Director.
~. Should an .ultImate legal back-up entity. for the Pumped
Surface Water Management Syatem be required by any other
regional or state AgeneYr the Developer vill be responsible
for providing all th_ necessary documents to establish a
perpetual Taxing Distrlct for users of the .yatem, and an
escrow capital fund for initial administration and operating
expenses, all to the satisfaction of the County Engineer and
COunty Attorney.
,: Conatruetlon activities on this project shall be coordinated
with construction contracts to implement Improvements to the
Cocohatchee Canal ICft 846 Sorrow Canal I by the developer in
accordance with the recommendation. of the 1981 Gee and
Jenson Hydrologic Report No. 2420, prepared for the B1g
Cypress sasin Board. Said canal improvements shall be
limited to the canal reach alonq Section 21, Township 48
South, Range 26 East and two (2) designated farm crosBings in
SectIon 20 unI.ss previously completed by other parties.
G. When required by the County, the developer agrees to
contribute hil fair shAre on a pro-rata tributary
area/run-ofC volumu basi. to implement the canal improvements
to serve the remainder of the Cocohatchee Canal watershed.
11.14 Fire Station
prior to issuance of any building permit., a fira station
.ervIng this project must b. operating within five IS) miles
of the project. .
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STATE OF FLORIDA J
COUNTY 01" COLLlm J
I, JAMES'C. GILES, Clerk of Courts in and Lor the'
Twentieth Judicial Circuit, Collier county, Florida, do
'. (' #"
hereby ce.rtify that the foregoing is a true c;opy. ~f:: 'r.- :.l'iI
ORDINANc:E NO. 86-75
that we. adopted by the Board of County Commissioners during
special Session on tho 6th clay ~f November, 1986.
WITNESS my.hand and the officIal Beal of the B04rd'of-County
Commissioners of Collier County, Florida, this 14th day of
November, 1986.
1001 U25 rl<! 36
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Ef,O ~:rl 2 \ f" 2 "n DEVELO!'KEH'I: 0IIlEll 86- 1
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"DtvELOrME>IT ORDDl or t1IE BOWl or
"'COIllftT COHIlustollERJ or COLLIEl
coum, FLORIDA POI. TEl VOODUJIDS
rURlID> WIT Dr;vnorHEIIT LOCATD> III
PUT OF su:nON 21, TOYRSBU .u
SOUTII, JUJilCE 26 EAST. COLtlU
COUJllY, FLOlIPA.:
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WER1'..A.S, Ia.. He-Into.h, ACCDC. far x..obl.. :aoacf rartneuh!p &Dd
Crel Ca'bine.., Applicant, fU.4 oa Deeaaber 6, 1983, rich tba CouDt)' af
Collier aD ApplicatioD far. J)evelop.ut Approval CADA) of . Davdopall.Dt
af 14110na1 I.pact CDII) known II, the Voodla~. P~d Ua!t DaT&lap-
'.ent. in aecordance vith Section 380.06(6), 71orld. Statut..; aDd
\lIIEREAS, laao1c.&lu Road 'artou.hip .and Grl. Call1.D.'' have D~tdDd
.11 a,c.ellAr,. approval. &rul .e.ODlbtiOllal .pproya1J frOll. the Tar10ul
Col11~r CouDt7 .,eDci.., depare.&Dtl, and board. requlra4 .. .. eDD4it1oD
to Planned Unit D.velD~.Dt CruD) ~oD1DI aD' DII .pproval; Ind
WHEREAS, the Board DC County eo..taaioDera .. the &a9arnld& body of
the ua.1a.coI1>orated uu of Collier Couut7 Mv1n1 jurbcl1c:tiou purnant
to ChaptU' 380.06 1a authoriu.d ud e~ov&rd to ccmddar Appl:l.caUona
f"r DlYalopeut Approval (ADA.) for >>..,.lopmeutl of IteCion&l t.pact; .DC!
\I"BD.EAS. the pu'bHe Dotie. uqult'DUlta of Chaptlt' 380.0' ad tb.
Collier COUPty Zonl~ Ordia..Dce have b.ea. ..tiafi.d, aDd
YRE1I.I.AS. the Colli.r Coua.ty 1'l&ntdnc CoalnlOD 11u rlY1evd. and
cau.idered the report and r.e~eDdatloD of the Southw..t 710ride
hltonal nanl11ni CDUlICll {SVf1I.PC) ablS bald . pu'blic bu.rinc Dfl the ADA
aDd on the Application for Public Burba for PUD Zonital OD. October 2,
1986 i and
1lIU:R.US, The Woodund. ADA 1.. -aba part of au overall raz.onb&
a.ppl.icat1on by the d.vdoper; aad tho inuance of . develop.euC ord.er
punuaDt to' Chapter 380.06, F1O'r11l1a Statutes. c!lot:a Dot con.titut. .
val'fer of aDY powcn or rieht. nsardiDI the is.uance of other d.".1O'p-
,$Ilene permiU by tha County or 5taUj
~ERt.AS, cn Nove.bar " 1986. th. loard of County COIIIBbdoner. at
an OjJeD public burlnl in ac:cord&ou v1tb tb. COll1~r Couaty. ZCIl.UC
OrdiNloc. approved OrdlD&llIe. 86-75 vhieh
ruoa.e.i th. .u.bjaet pro!larft&
'Thll n:f8.J.e~1e4 _nit
SecretorY of S101l'I orfle:. Ih~
~doyDf.!2E>L. ~
and gr;know1edgement of lhat
01,"" ,,,.twd }';;'t'~ &tI
of t-"$A ;;:;,,~
noK 025 Pl'l 37
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1A
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<'(.'.
GJ
..
-
-
-
to PUD ltDCNII .. tbe \lOlldla.a; all
VHE1EAS, CIa "ov~cr 6. 1986. the Board of COURt1 eo..t.aiaDa:t'., at
aa opeD ?ubl1c b..r1u1 1rl Iccod&ftCI with Se.ctloa 380.06, ~.
StLtutea, cona1dared the sppl1c&eioa for D'~&~D,..at of "liODal 1apact
, ,
8I1b.1tted br 1loal Helataab., Aleat; thl report ud raCOlllllllUl&tiou of t.hl
S1ll'U'Cr thl certified record of 'the docuaent1rr &D' oral ad.deacI
~rueated to the Collier COUDC,. P1amd.lll CaadadOD& tbe report alul
1:'eCCllllllcnutiona of the Collie.r ~tmt,. P1I.II.II.!A, eo.uulOllI the re.c~D-
i..UDal of CoUier Co>;nJt1 St.ff ,ad J.dvloof7 )card., IDd the ~ata
upDQ. thl record. ..d, 'b..fore tbb bard: of Cowtr CoaabduDan at .dd.
.autinl, here.by ..ua' thl folloviDJ r1Ddbtra of ract aDd Coac1udcm. of
Law.
A. FIHDIIlCS 01 1M:/:
1. The .ppl1eaut .ubaittacl to the Couo.ty .. ADA aad .uff1clney
rupOSl". bova. .. eOllpodta !xh1b1t A, an4 'by re.ferdca ..d,
.. part hera.at, to thl cztlllt tut they ar. Dot 1acoadauat
.
with tb. te~ and eoud1t1ou. of tht. Order.
2. 'lb. applic.tiOD Ie ill accordance with Sectin 380.0SClt),
Florida Statut...
3. the rut property vhich 1. t~. hbj.c~ of the ADA b I..ally
duer:l.},e4 an act forth itl Exh1h1t . oaf the l'lalUl14 1Jn.1t
.Ondopment DOCUllllDt for The Voecl1&udl attached bereto eel b1
reference ..d. . part hareo!.
~. !he .ppl1eaut propoaetl the development of Tha Woodlanda
Planned: Unit DevelOPU11t, b.ow .. compodtl J!xh1b1t ., aDeI b1
rarereacl ..d. ... plrt hareol, for 500.11 acree vblcn include. I
.
15 aer.~ or commercial, an IS-bole lolf cour._. If~60 dvell1P&
un1t. o~ IS' aere.. .Dd .pprox1sately 91 acre. of pr'.'rY&tiOll
.t'....
s. A comp-:eho.nalve review of tb. t.paet. celler.tad. b,. ,the dnalop-
,
.ent h.. buu cClbdueted b1 the approprilte County' departmnta
and .gebch. &ad by th. S1l!"RPC.
6. Th. Denlop.clIt b conabtent with the raport .... rcc.cnacDda-
Uona of tb<< SWIPe aubd.tted pure-uant to Su'b..ct:lon 380.06
(II). Tlorld. Statute..
&Oat 025 pm 38
-2-
1~
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w.__._"__._.~..A,__,........~___._.......,__w.~.._'-",_~,____~_.'__"___"'_'0..,._-"'_____
- _._-~ ._--
-
-
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7 ~ Th. d.vdOpa6Dt h eaadaUaC v1tb the 1aAll d.ev.lcrp11ent
reCulat1glll.' of Collier CDwDt1.
I ~ !b. denlopact v111 DOt wru"_bl, btader. nth. tn.
aebie...eDt af the objaet1v.. at the adopt.. Statl taDd D.v.l-
D~eDt Plaa applicabla to the ar...
,
9. The developaeDt 18 Dot 1a .. area ....1pat.. all Ar.a of Criti-
cal State COaeern pursuant to the praTi.ioal af Slct~
380~OS, Florida St.eVe.I, al ....d...
J. CORC'LUSIDHS OF LAW
XW, TBEREF01t!, BE If UsOL~ '&7 the load. gf Coat)' em.tad.oa.ara
of Coll.br COUDty, Flodcf.a, 1A public ..tinl, 011 coaat!.r:u.td Jail
....eabled. Noveabu 6, 1586. that 'thl DeydoplUa.c of 1.e&:1oDa1 %apace
Appliutioo for DevalopJIe'Dt Appron.1 ...Wtte4 bT Ro., Hc:llll.tOlh, Ac.llt.
.b herelJy orderell &pprcrred .ubject to till follov.tna: eoudlt1.ClD.I I'
nCDIlIlUtllled by the SVF1U'C Dr ill relpDllI' to thd.r nC~Ddat:l.OIl and tbe
eaaraitIMJl,t. .pec1fhd in the PUD vh1eb ara harab1 adopt.. a. CPDd1c:!.o.a.1
.
of approval of thi. D~.lopaeDt Order:
1. DRAlHAGU'lAn:a ODALI1'Ys Th. applicant b.. propoa.d a audac.
v.ter lI\I.A.a,eaeat pyac.. chat b cODceptual 1n aature at tbi.
t1.... A crucial c:oapone:at of tM. d.vdDpIICat vUl b. iu the
d~terainatl0D of the dlleharCI .1eT&tieD' lor the cODtrol
.tnu:turu &nd~ the cnult alaua:h cro...bl CDaveyR~". na
.ppl1eant propo... to 1aprov. and. pOIl1.b1,. reater. co ...
decre.. the "hlnodc" hydroper1ocl of thu dt. - after Tun
of bdnC dversel,. 1nflueaced by ..n1, lIetiTlt!..-. Mm11torbs
ai:t1viti.. an nUl OIl-,oins v.1Chln th& dtei ou1T when the..
teata an cOIlphtcd CaD thl, proper .Cruetun. (aid .le"'llt1ou)
b. !.ple.eated into the final aurE..c. vater "bal~at
deaiga. Therefor., .or. 'etaile4 1~~t1Da will a..d to ba
proYided tbraUBb the dc~elopm<<Dt rcy!.- proce.. t~ a.~r. that
,
the concepta are adhered to and that .ddltloaal ..dver..
resioual impact vill ~ot occur. 1urther lDto~tioa i.
neee..ary ia. order to provU. a full aMlydl af J..p.cta.
IDOl G2E "'-I 39
3
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, .
..
-
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eoru!lcba&:
a. Th. .udaee ':f'aCIt:t' UD.........t .,..ha _hall _1em&a:1: the
.ulp .tand.rd. aD4 ....tar 4uaUt7 "hilt .......,...1::
prac:c1ee.- outl1Dcd ll1; the Appl1utiou tor Davelopae.Dt
; ,
Approval, r&.po~.. to Qu..tioa 22 br.1DaI..
r
,
l I
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,.
:
II. A4 GOloinl' lIOJlitorl:al ...1D.ten.ac:. .. ...,11.1 proEr.
.hall b. de.ten.. b1 the P.t!tt~r .abject to r.Yicv aDd
approval b, Natural aeaourcu KaDqelDllDt J)apartacnt (DMD)
ad the Flonda Depare.aut 01 EIZ'f'i~uta1 J.eplatiDD to
de-tendo. coiu:entrat1oua af potaat1al poUutaa.ta 1u the
pared'a laku, pr...n.., and Jt'ouallvatar. '1'ha detaU.
of the lied torinJ: prDgr-_ .hall b. Dltuall,. .p'u4 vpoD
baCVUJl th. Patlt101:1er, the JrnKD. .DeI the nond. n.p..rmene"
of ~Qylroamaut.l Jeculat10a .t . data ,rio~ to the
CQCDCDCe8eDt of alea davalop.eat. >>'t.11. at the ~tor1n1
prOlr" an hareby !D.corporatd b,. r.taruce iDeo thb
.
DevelopllleDt Order. nr.. =aJ.torlac prolr_ _baU 1ne.ludal
1. Surf.c. ".tu' :ta I.tn, c:nre.. pt"uerv.., aDd athe.r
-~,
retention ar...:
2. CrouudQatcr ~ltor1Ds of .el.et~ 10eatloua:
I.
i.
3. lAk. u4:lJae'Dt 1IOuitOTUJS;
4. It. 'Ulplib& fnquaacy adaq~te to &1.1ov ...uneut of.
,-I'.
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; ;.1
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,
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pDl1utiDG~
s. It any violation of the St.ate ".t.r qua.llty at:au-
dard. ara attributable to the dcY&lopaau~. the
eauntioD will ba lIIodlUd or .topped (j.f de.lllld
.
.;
Qee....ry to JDI:KD) and read1al cCt!01l td:.ca. ad.
1
upon tha req~._t of HRKD. aare 1Dtenaiva aaaitoriDg
vUl occur.
u.t1y, 1.f dur1aC t.hb moa.1tor1al
~
.J
pro&r.. . ve1lf1elcl protect1oft odi:uace 1e .4optad.
by Collier Couatr, tba \loodlaDds .&..11 ba subject to
the mora .triDs_at of the two proer....
i
..;
1
c. Stoul_ of aDY substance idantUbd 1D the 11'A. Torlc
,
,
'.,
So.abata.oc.. C01ltrol Ac:COUDt t.bc (Chapter 40, cn 261,
d." .dopted by the Stat. .. FloC 17-30) ..st b. 1JlI the
-.
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lDD( C25 r.'~ 40.
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-
.
fKllley aDd. the location au'bjec.t to the .pproval of N1tKD
and Vater Hamalea-at n.p.~CftC upOD eonlld.r&tloD of the
n~Dd.t1DD.' of th. "_"'1' QuaUtr aael PollutioD.
CODtrol Departm.at Director.
Scora.. at ~ch
. '
..ttr1al. ia aboveJroun4 aua uUaar&rouD' tanka .hall
cOllfDrw. to tbe IlJ.DWUII. nquirnenta provid.. iD 1.A.C.
17-61.
A Spill Pre"cllcioIl Control aDt! CountenDaaRrl
Piau for all above ,taral' aD4 VDdlrlrouad taak. .hall b.
.pproved b7. th. Water HaMI'Ulut nir.etor ancl ~I
condderial : recC*M.udat1oal frOll cbl laY1ron-Rcal
Seinee aru:I PollutJ.OIl Control D.pan:.e.at Dlnetor. I'D
.additioD, .11 Jolf caul''' ..iDt.DaDe. rdaced c:hn1e&1.
(l.e., pcaclc1dea, lD.eetlcld... her~leld..) .hall h.
.tond 1ft aD Oil-de. !acUity that b loe.tld: cd/or
ccm.truetacl to prohibit accUlat.l cDDcuinaciaa. to tbl
propDled proje.c:t v.lll1dd 1a the Dortb...t port1oa of
.
the dtc aDd &D1 poteat!.1 future rel!01lal. vallf1a1d
v1thLn the Coral a..f aquiler .yete..
d. '!be applicant aball eoord1nata wLth tb Florida D.part...
.eat of. EAVlroDDeut..l 1tegu:1at1oa cd Col1br Covut,. La
the oft-aft. atora,c_ of aay hau.rdoua YI..t., .. defined_
1a tbe Collier Cowty BazardClua 'Sl,uu Anea..el1t, that
UT be ceDuated by &a1 buaiDea. located 111 tbe. Call1l.U-
cial partioD of the WoDdled. PltI dtt.
Thill "7 be
aecoaplbbe4 throua;h the u.. of. reatr!ctive con.n&.nt. or
eo.. otber type of deed .~ipulatloD de~ed appropriate bT
Florid. Dep&r~Dt ot Envlr~Dt.l X.SU1.tiou.
e. The Development Order .hall provide that prior to project
eon.tructioa, ch. developer td.11 provU. the 1nfo~t1oa
.pacLfied vithia the Swtb llor1da VaCat Kanage.at
,
Dt.triet (Snnm) lJapaet A......nt report to thl SFWlm,
SWFRPC and Collier Couut1 far review aDd that . CaDceptual
Sureace V.Ur Kanas....nt p..rait .hall ba obu.1Ded from.
tbe SnmD. Collin COUDty'. rev1av .ball be c:oiulucted
ac:cordbl to the pravldcm. of Chapttr J80.06(U).
&BOX 025 r.,! 41
5
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Florida Statute. U nqu..ud D1 norlda D.parta'llt cf
CDlaUDlt)' "Alfain (DCA). S\lFlPC .taff, an4 appropriate
Conty Departae1Su.
f. Should Ccl:u..r Co\IQ.ty dadd. that . lilt. Count7 vU. cr
rel10na1 vellE1.1. 11 to ~ located vithla the Coral .elf
A.quifer ayltn, tbn. tlla Wood.1aad. rrojaet .ha.U be
.ubJlct to lazul u.. control., colf cour.e n.tr'UtiODa
aDd ardiD&De:e. apl~te. by CoWer Couaty tor the
a.ru-vida protcet101l of tM. vallfhll.
I. the .pplic.at- .h.ll coodia.c. w1t. the GW.ln of th.
lovthlrD adjaeeat outp.real. &Dd thl Soutb Florid. Water
ManaS&fteat . D.1atr1ct to eawr, the iDtesr1t::r of the
pnurvccl c)'P't'e.. flmnrl.r. All lub.equl!D.t .urf.c. ".ter
manl.Iment permit. for tbe.. two outpJrcela .hall reflect
tbi. coordinat.d. etfort.
h. Det.Ue. dt. drd.b&(. plan. .ball b. .ubaittlld to tbe
,
Count)" EDc:lnur for renev. No coutnac:tiOll pantit.
.hall b. i.avec! un!... ~d uatll approvaL af the ~ropo..4
eOD.struc:t14a in accordanca v1~b tha "ba1~ted p1au 18
luntd b1 thl 'Water M.MleMat Advbory loud at4 the
County EniLneer.
1. Cona:trvetloa of aU yatar aualeaent bcI11t1e. ,h.ll ba
subject to c.omplianca nth tb. appropr!.ac.. provbioM of
the Collier County SubdIvilion a.gulat1Doa.
j. An Excavation hnf.t will b. nqulrd. for the propo..a
laku in aeeord&l1C& vith, Collier Cowtr Orcl1:oaae. !to'.
80-26, .. ...ended by Ordinance 83-3, aDd .. NY b.
"~Dded in the future.
k~ Should aJl "u1timat. beal back-up cntter" for th Pullpc4
Surhc. \l.tn 'KanaCDlRlIt S,.tea b. requ.lncl b,. aD1 other
rec10Qal or atate .leD~, the Developer will 'b. r..poaaI-
bl, for pr~v1d1ft& .11 the aec:u..ry docuaantlt to
e.atobl1.b a perpetual "ru::1D&: Dbtrlet for aa.r. of tba
.y.tt... and ao. nerOV' capital fUDe! for Wt1d .cIaWl:-
tratloQ aDd opara.tiDs; expH1.... aU tD t.h. ..t:tafaetlo'll
lODI [)25/l<t 42
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.l~.
.. .---.--
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of tbl eouaty EosiD..r an' County Attorney_
1. Coutruct:1oa acdv1du on tb:l.l project .hall 1>. cDcrd.1-
natd vltJ:1 coutnu:,tiOll cODtr.c.~. to ~leulLt s.pnr...-..
mutl eo tb. Cocohatc:h.. Canal (et au Sorrow Caul) by
. .
the developer 1n &c.cordaacl with th. rlcODeDdatlG1l of
tb. 1981 Gu. and JeuaOD Hyllroloslc bport No. 2420,
prepared far tbe !il C)'pre.. Buin Iou., Sau caad
bprovemel1U .hall ba 1JJDltd U tbe caaa1 r..eb aloaS
Section 21. To~h1p 4& South, l&aJI 26 E&le aD4 two (2)
de.1~ted f;~ ero..iDe. tD Section 20 uale.. praYioualy
complet.d b1 othlr parti...
.. \o1heo requL.red by thl COUDt,. the developer qnu to
cODtrlbut. hi. fair ahan OD .. pro--rata tributuy UI.'
t'UtI.-off .01,.1 DUs.. to s.pldN!Dt tb. call bIpnrv_eatl
to .crv. the r...iAde.r 01 tb. Coeohatcbea Caul "atar-
ahed.
2. ~ n.. propo..d projac:C: would: ba u. ..11 ehctrt.c deva1ap-
_cut acd vould here.... thl eauEY dCUDd. of the b,UD. The
appllcaJlt bu cOllDltt.d 1m the ADA tlJ Jlrov1d. a ....rbty of
ut.r1Y con..rnt1om ~..ur.. to reduce cha !space ot that
lucre.,ed energy demsnd.
Condition.:
A. l"ravla1on of . blcycle-Pldastr1&a If' tell to bl placaeS
alaDI. nc.rhl aDd coUectot road. v1th1D. t118 project.
nth I'" t~. h to b. condltent witb .ppl1cabl. county
requireDentl.
b. rrgy.1dDP ot bicyc.le raca or Itara,. hcll1U... 1a
r.creatloDA1, commercial aDd ~lti-!aa1l7 r..i4ent1al
..real.
c. Coop.nUn 1a the 10cat1Da: of bu. atop., .balten, ....
otb.n '.....OII.r awl .,..tn &C'C'~ ~a.t1ou' In .. tra.dt
.y.t.. to ..rv. the project erea.
d. U,e of elUlrgy-eff1C1aDt featuru 111 rindOW' dadsn Ca.l..
tinting aDd exterior .bad1Dg).
e. UIe of operable v1odov. ~nd cell1.D& ERI.
6001: 025 ,>!~ 4:3
-7-
. --~....-------- .
--.-----
1A
----
..,
-
-
f. Iut&1latlGa. of eDerl1-eff1e1eat ,pp11.aac.. and .quip-
"D.t.
I_ froh1blt1D1l l)f deed r..tdctioa.a or COV&UIlt. that voaU.
prevellt
O~ una.c...erily h..,.r eaerrr cona.tv.tiOD
: '
.flortl Ca.I_. bu1U1a1 or!eut.t!oa all. .Dler vatu
b..ticl .,.tea.).
b. ]htduc.d coven._ "7 ..phale. concrete, roct, and .1aUar
.ubltancu 1.J1 nrutl, parkint .iot... aDd otbar an.. to
racluca local air ta.-pcratun. abc! ra!1eetecl l!cht aut
beat.
1. Ia.&ull.t1oD. of eae.rcr-eff1c.1&at 1.f.&bt1a1 lor atn.ta,
,arkiDI an.., md ache interior .DeI acedar public
.re...
j. U.. of vant' do..u v1.t.b . IKX1aaI fiU5h of 3.5 C"UOUII
.Ell! .bover bed. aJul f.uc.t. witb .. 1l.U:1auIa flow rat. of
3.D rulODa pu Idnut. (at 60 pDUt1d. af pr..nn per
.
aqll&ra ineh) ... .pae:1.f1ecf !n the V.ter Coa..rrat1oa Act,
Chapter 5S3. J4. !..:.h
k. Selection ol utive pl_nU, tr".t and. otber vegetati01l
aD6 lalllbc.p. c1edpl {..tun. that. reduce r.quir....uu
tor vater, !art111~.r, ..1Drenanee, and other ue....
1. Plant.fDI.of . aaU",. .had. tre.. to provida raa.o~~l.
&hd. fgr all rccreat1w u.... .tre-sta IJld pat:k:lua;
..re....
a. Phellllnt af tr... to provida u.edall .bad. in the Roar
_Dath. vhile bot over17 ra!uciu& the blaefit. of .unl!lht
1A the cooler aontba.
n. Plant:1h1 of D&t1ve ahade tun for neh r"1de.nt1'11 unit
if natb. ,had. cnca do net exht fDr ..ach r..Uel1c1d
uu1t.
,
o. Or:hntatiou of atruetur... ., poadbl., to reduce .our
but s-a1a b1 valla and to ut111z:a the natural eoo11n1'
eff~c:t. of the vind.
p. Pravf.all;JD for structural ahad1Ds Ca.c_. tr..UI....
lwalas., &n4 roof oVlrhaas.) vher.v~r practical whIR
.011 025 PI'! 4t
-,
-~-
'lA
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-. ---~-~.__. '-'---'-
...
-
-
oacural ,hadlDI elaDDt be Uled .electively_
q. Inelu.ioa of porch/patia .rea. tA r..idlnt1a1 valt..
r. COD_icler.cloa., che project architectural rcv1~ c~t-.
~ee ee) of Inera cOMenation .uaut.1 (botb tho.. 'Dotad
. '
ban .,.d otbeu) to ...bt buUdnl aad C.anC' h the.ir
effort, to achieve Ifl&tcr eDerg, eftlclcDC7 1R thl
deveLopaeaC.
3. FLOODPLAIR/II11EUCAllI tvAC1lATIOII. 'rba Vo.odJudo DI.I looat:l""
h.. . natural .le..cloa of tv.IYI to fourteCD f..t &bOY. &.an
.~. hvd and ia: ".11 ".7ODd: th. expected floo41D:C ..n.. of
burt'leanu 111 e&ter;orlu Oal throuCh thrae.
Bovav.r, chi
p~jeec an..' 1. OD. .. aajar IlV&CUaCI0D rouU for the count7 ad
QDI ail_ ..aC of ID 1-7S !nte.rehAb'. offariDl &xcel1eDt aeee..
to .nd froa ..jar .vaeu.cloa rouea..
The pot.Dt1a1 lor
OD-dte publ1c/eoacm .re.. to hi uled II public burrl.eaDI
.balters vDUld proy!4. .. u.. of rl110aal b.~.lit.
.
CoD41t1olLf
a. !lI. appllu.nt .lldl ....t vitb CollieI' eoUJ:lty Dhut.r
Prepara4nc,. Off1c1al. to identify tho.. publ1c are..
that ..y b. ulld for .hdtarl 1D. the totaal'eld portiDD'
aDd/or. IOU couu. clubhou.. of the project ... .tox.
.hel:er and/or It.ginS .re'l.
~.
HISTOltlCAL/AIlCHAEOLOClCALr
Ko hhtod.eal or archuolocled
aite. are knavu to exi.t o~ th. VoodLaQd. DR! aitl, hovav.r. a
recioeally ..1,u1ficant buri.l Ilt, i. loeat.4 t.Dad1at.l, .a.t
of ch. .it.. and the project .r.~ h.. nlver been aubJeet.d to ..
.y.t.uetc proC...donal. aun,,... B...d. OD data iro-. .uv!ron-
II&Dt.l11)' .an,n atUI 1n Colli.r County, .iC h 1..1k.l" that
.ite. rill p. foun4 tdtbill the proj.ct.
Th. D.partment of
State) :Division of Archives, Rbtory dc! I..cord. H&DJlaunt
ba. expre..e4 .!milar conc.rn..
"
Condition.:
a. A '1.t,aat!1: profel..:!.D11al aurv.,.. .ball b. carri.d out
vlth1n.all '1"" itaotifi.d .. lik.ly to contata. hi.cor1-
eal/arehaeological d.t.. prior to c01lllIIencnaant of ecm-
&Oal G'25 ..'l 45
-+
1A
.__4__.___'.--'.
-
..
-
.tnactiOll.
eopba or the nrnT .haU II. ..at to cb.
Stat. !If.vid,,", ot Are1d,v.., thl Collier Cov.ut)' lIJQID &0.4
WFJtPC. lot" the lIVt'Ye:r aethot -"04 the repuc .bll b..
rllYleved axui .pprand by th. State D1ddoD 01 Archive.
, '
and Collin Cowt)' J{atural It..ouren KaD&I~t ne,ert-
mlta.t I .aDd thu .baU b. dona pdol' to laT lan4 c1e.a:r1al
or IrouDd dlnurM.DI aeth:tt1a.. 'lit. ptrammel or aseacT
parfond.1I1 the aurnT .hall 'h .pprcrucl 11,.. the Stat.
D!"ldon of Arcb1Y.. an4 the Natural l..ouren HaMI...aC
DCP&:rt'UDt. : All recou=e.ndat!ou 11,. the UCn"1 off1c:u
eMU be incorporated bto . D.'nlopullc Orcltr Aaalefaant
foHewins the ,roc.dlur.. c'hb1bba" 1a. Chapter 380.06,
!:.!:.
If durin, the Cl)Ur.. of d.tl cI..dDI', exeaT.tiDA, or
other eonatractional activit!.., aD arch..ol0(1ea1 Dr
hbtodcal dta. .rUt.ct, or other 1'Ddlator 1a ducC7Y-
.
ned, all devdopllltat ae tht location .hall b. 1IIIDad1-
a.td7 Itoppd eel the Stat. Dtv.b101l af Arch1T.. Kud
Ratu~al "saurc.. Hanacement Department not1L1ed.
Devclopaeae will b. ItUcplDdecl lor a .uffici&DC leDllth of
ti.. to CD.lU& the Natural a..oure.. Kanac...at D'part-
lIIcnt or A. eSuiguaUd cDD..ultnt. to u.... tbl f1D4 and
detcrmine the propcr cour.. of act!,", fA rc&:crd. to it.
..lnsu\JUlty. '!'be Ratural 1nourcu ManaCll1llCDt D.part-
.eat vill rupObd to any web Dotifle<<tlon 1ft . t!maly
.DeS ..ff1cleat ..DEler aD... to prDvide on17 . un:!..l
:!aterruptiou to aoy conatruetlDnA1 activit!...
Evaluation of a hlator1cal/archaeoloZieal .1t. abal1
include but Dot h. I1m1t.d to ita dataraiDatioa aa . .it.
of recional Dr local a1raifleaacl. impact m1a1.d%atloa by
>,
:l.acorporat1n1 th. dtl .:l.a.tet preallty.tioD Dt' crUD .pace
.re.~, or othar _ttisatioD action..
b. The Sue. Dep.rtmaDt of Arch1vn Ind the County HRKD
.hall .b. 'provUad llCUI& to the project fo'r IDOnltodJ:l1
purpo.e. any tl.. during the lifa of tbl prpject.
----
100' 025w>. 46.
10
rrA
...------.
---------.
-
-
-
5. TRAKSPO.tAtl~:
.. CEHEJ.4Lt
!be UoolllaNI nil bon cllf'ect ace... to X.DaW.. J.oad eel 846).
alll! vill bav. direct acc:e.. to chi 'I:Opo,.. arte.rial rod
, .
OD thl "'lItn11 boundary af the Voodlandl cODllect1u:1 Carrall
R.od to CI. 846.
(1) 101:' purpan. of tbb aect1oa., 1I.f.pU:l.eallt t.p&Ct" U
dat1ac4 .. vhea. the project traffic OD 1'a7 nd.
..,..pt/ia.teraect1aa Iquala or exc..d, 5% of thl teY.l of
Service "c" :for .dll roa4va7 npeat/utunct1o:D. 011. aa.
aDDUU. &vuag' dally eoad1t1on.
(2) The Uoodlapu d......lopll&a.t U pudicta4 to h...,. a
"dp!f1clac . impact- IDa. thl follov1rl:l roa4wolT .ts-.lltlr
Lu COUbtTt
Iodite ..acb/Carrall Road I
1-75 to CI. 887
.
ColUu CoUDtT:
CJl. 951
Im:IrM)b.l.. Road to tan Co1dCII, Cata lou1avar4
Vanderbilt B.ach led to P1ne Udal Roell
laD.oW... Jo"
Coodlatta &Qad to ~.s. 41
Goodlett. load to Airport load
A1rport lcJacI to L1viDcatoa. l.cd Ixtel1dOD
L1v1nllton ~.d axtenltad to I-7S
1-75 to O.kc Jovlev.r~
O.k, Bout_veri to Voodlludl ..!a aee&.. road catranc.
WoodlaDd. saiD ace... road .04 CK-9S1
(,) The following 1oter..ct1oal are prad1cced Co b.
"alCn1fieantly impacted" by the Yoodland. prcj.ctl
'.
!alokab. lI.aad at Airport .Road.
1l:lC:toblee :Road Dt LiviD.atOD lo.d: U'teulon
Lmmokal.. load at 1~75
IDlcb,l.. :Road at O&ka loulevarcl
ImIDoblu Rod at Lot-.. Boule:vad ex.te.tu:1oa.
IllIlIIoulee Road at hrU.nda South .ceua roae!
lOOt
C2~fJ'.l
-J.i-
47
'1A
.--.-----
-
-
-
llDOub. )LoN at CJ. tSl
CJ. '51 ac lint Colde.D CaU Joulevard
l-.okalee load at Goodbtu ao.d
Airport toacf at 'anderbUt leac.h Road
J.1rport Rod at: Po. 1t1d:,. load
PiJla Udge I.o.d at CI 951
(~) The Voocl1aDda actual b1pac:t OIl the roa4 ...peata aad
interee.c:.t1oQ& .ped.fi.. b (2) a'DII (3) hnaof &0' t:ha
..rv1ee level of .ach of the above raterance. road
upeacI and :f.J1tarnc:tlcm. .ball 1J. 11IIplrlcat11 datanzd.lIed
b" tb. Count7 UdD& th. IlD1IltDr1D1 re:poru required. by
COIlDITIOH (I).
(S) Th. Couot,. baa adopted . Ro.d Iapact l"... OrcU.UJlc.,
Ordhanea RD. 85-55 &Del the dc:nloper. or ita tnlcclt8&on
1ra 1ntnut. .hal1 p.,. the "t..pact buH .pac:l.f1ad by
add ord:1JI&aca tor .11 ..ve.loplUllt D tile VoodlaM..
,
Th~.. ~p.ct fe.., tOlather with that portioR of 1_.01101
taxu aDd ael valorea t&X'.. aeDcrahd trOll chi project aad
Ita inhabitanta aad proJrammed for road 1.proveaenta.
tOI.ther with the dadteattDft of r1Iht-o!-vay .pecif!ad ..
CONDITION (2). ehdl a1t1Ja.tl the traa.port.tin. ilDpacta
r.a.aaab!~ attr1butable ta tb, .VDodlauda deval~ut.
(6) AD andrda of the Count,.'. propoa:ed .chedul. for
ilDprO'VlIlHIlta to the roadv.,. nptea.ta and iDtuneti=-
dgn1f1eantly hpacted by tb" Vood1end. 1a.dicat.. that
the locnl Jovaruaent ~ll b. abl. to provide the
troD.pon.tioD factl1t1u .c tha .pprgyed lint 01
..rvi.ea "condetent1y" v1th the developmeat .chedill. for
'the 'W'oodlanch .. lat forth 1a the IOD 4oevaaat, vltb th.
poteatia.l ncept:1on.a of that aect10u of COlUlt7 load 846
fr. 1-75 to Clt 951 and that .~c:t1oa'. of lonit.
Beach/Cerrell Road loeat.d in Lal CountT.
(1) By adoptina thb davdopllllnt order Collier CDunt,. 1.
..king DO eDlDllitll8ut to :!mprovI Carrell toad or any
other road "in. Lee County. hwave.r. CONtIITIOJr (4)
.hall be applic:alab.
1001 02::; P1<! 48
-12-
1.4
-
-
-
-
(11) 81 ~dC)pUnJ eM. >>aydopu",t Odu. Collbr CoUD.ty
b.. 4etotnd.Ded tbat if the dn~lope:r cDlDJlll.. with
CONDlnON 3. it vi11 have ..d. ad.quat. prcwulO1l,
for lta 1apacU on the road"_,, .'pent of CI 846
b,tweea 1-75 aDd CI. 951.
0') Collicr County. <hou&b it bu ..t!.atad. the tilla b'_,
1ft vMe.h ueb af tbe road ....llt./bten.ee!CJD:.
d.pif1clatly iJlplcted 1t7 tht. dav,lop.eDt .ball D..ll
fJlprcwu.e.nt to .duta!n the requ1dta 1IIT&1 of ...tT1.ea
adoped by t~. CouIlt,.. .. the .... -'I b. ....111.. fro.
tJae to tae. ADd hu ..cartdaed that 1t cu prCI"t'Ue tb.
trauportat101l1 fae1litiu coad...tellt vit1. ell. develOP_Dt
.ehe-duh of 'lb, Voodladl, ...b. DO CUrIDt.. tbat ..id
roadv.,. alI:palltl/iDtanect1ODI .baU aot f.ll b.lov the
requi.1te lcvel of e..rvic. 1a .pita ot th18 c~cacat of
tha Cowty to provide ..U !&CUitbl e.DUbtu.c witb th.
,
>>evelopmeRt Schedule.
(8) "
da.elDp.r
tbb
D....dop.eDt
Ordu',
acceptlDl
\Iad.ntande aad Alrtlll that, dthoulh tbe propoud
.chedul. of th. CoUDty lor iIllprO'r11l1 th. rod.....y
n:pent./1l1tarse.et1on. I1p1f1eent1y b1pactd by na.
Woodland. .1o'Ould. 1nd:lcat. thae Ie will !l&va tbe abU:lt:r to
keep the. neeu...ry tr.n,pol'tatlcm 1Japron.uftt. at tQ
r.qu!'lt. lev.l of .arvIe. con.i.taat with th.
dev.lopaeDt .cbedul. of Th. V:oodb.rlll., tbe. County 1. Dot
&uar.Dtnio, th. .... ..ad dr.ve1oper tmdu.t.D4l. &lid
.&ro!eI tb. ,Cowt,. .hall aoC ba l1abJ.. for :Lt. :tnabll1.t:T
to hava .aid fac:1l1tin avd.1abl. caul. tent v1th th.
d.ve.!o".eat .ebduI. of ne: Wooci1&Dd..
b. CONDITIORS:
,
(1) Th. .pplie'D~ .hall aubmi~ &D a=Nd ..,n.1toT1J:l1 repot't to
tha CoIHer County lDSiaudQ& D.partllaat. CoWer
Count,. HPO. FOOI,. 'Dd the Soutfnrut llodda "'1101:1&1
. PlanniDB Counell for nview. 'lb. flnt ~tot"~I' report
IOD~ 025 rlll 49
-13--
. .
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..
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.--
-
.ball br .uba1.tt" at the t1aa of the t..aaa.e.. of the
fint Cert1fieata at Oeevpmc:,' for de..lopacnt at ':[be
IlDo41aod..
"porta .ball b. lu&.ltted aDDu.lIt.
tlleteaftn u.utll lIuU40ut of thl proje.c.t. 'l'be r.porta.
at . .:!u1JIua, .hall CODt.fA traffic COUIlt, t:.lt.e~ at tb,
acc.... pobta to the .1.ta Rd tuniae lIDYe.cnt. to .acb
of the la.ter..et1aaa liate. in &(2) abovI.
(2) lbe developer .ball d.die.ta r!lbtoooaf-wI, -!on&: the
....tull boundary of thl project .'to b. utl1f,x",..t .. part of
the Coua.ty'li future arterial aetvork .,atea. 'l'ba
dndDp.r chall dedicat.. etlIough r1&ht-of-way 80 t&.t the
Couat7 vUl ha.. 120 feet of rlCbt-of..vay fro. Count,.
1tDd. 846 to th. potthen project bauDdary, t&kUt.c into
c:ond4.raUotr. thl uUit1nC 3D foot ...eat:at em. the v..t
border Df SactioD 22 for approx!aatll1 the f!rat DUe-half
.tI. ou thl loutherly ~o~t1DD of SletleD 22.
,
(.3) Altboulh !apact fee par-auta an leaerall" n.ae1"Yad far
col1ec:tioll at the tu. of bu.l1cliD&: peratt, clevc10pcr
.hall pa" !.p.~~ feea !er the r..1claa.tial uDit~ .projected
to be eonstructed v1th1n tbe D~t ten year p.riod (uaiDa
the fUD p~.1D& plan) 1f the fol1ovtaC occur.:
(1) th.t _ portiOh of Cl a46 betvull. I-75 agel Cl 951
exceed. Level of Service "e" OD averas. aanual
cla111 cond1t:loD, ud
(U) Th. Woodland. tra.ffic, at that t:1JDe, cout1.tutae SI
or more of the tr.ff~c OR la14 roadway .e~Dt, and
(1.11)the Couaty 1a prepared to aatel:' iD.to . COD.trac:t for
!cu:r-latdas of .a.U road".,. ...peat.
(4) (1) If J.vel of Service "e" oa aD avarasa UIaUl1
d.11,1 coDd.:it.ioa for anT retinal roadva" ..pant/1atar-
aec:t1.t;nl 1dent1fid herdD b nc.ede..' &Dd project
trafflc Oil adel roactvar ..peat/iDteruct1oD. aquale
or &xu.d.. S% aad f.a 1... thao ID% of tb. Ln-.l of
Service '.e" ..rv.1eA 1'obaae (utU.1z:1nC ,_air.1in4
.ervie. volume. .. eetabl1L.bed &7 lD011r and
&OU 025 P'~! 50
-14-
- --..--.---
-
-
..
(a) tbe roadw.y iaprov..aat necll..aQ' to nturn to
L.vel of S.rv1u -Cn OJ' bettel" c:oadltion, 18 aot.
prolT..... Oil tb. .ppllcl.bla KPO or Collier.
Coull.t,. U:... r.ar traff1a: improve.cElt pla.... with
identified lUDd1nl~ or
(11) if .ur:b prCter"". b1prO'l'...a.t 1a ..letld. froll
..!d fiv. 7nr traffic. 1aprOTeullt pl'D~ al"
Co:) if five run p'" v1thou.t the .urt of
con.truct101l of ..1. ~rave..nt; or
Cd) the le....l of ..nlce 011 e, ..id t'o.dvar
npeat/1Durnct1on "cud. In'.l of .erne. D
011 .IUl annual ...,.raa_ daU,. cmuU.t:1oa priDr to the
connruet:f.OD of the prolr....' :lMprO'YeM.Dt; the.n
Developer .ball. "ithiD. Duet,. (90) d.,.., flla &
petitiou 81th Collier Count,. for a 'et.r.a1ua~ipn
of vhether a aub.taDti.l deviation ha. occurr.d
10 accord'Dc' ~tb .u~"Ct1OD 38Q.06(1'),
Flortd. sututu (1985). If it 1. 4.ta-m1Dd,
that . ,ub.taati.l deTLat:l.OQ b.. occurr.d,
th. c1ndoper ...,. ccmtiDu. dn'alDpMGt d,ur1Dc
.ub.tantial dev1atloD DRI UT1.ev VIlCit aD.
.DIeudd deva1opJDe'll.t order 1.11 bauad. p'tovidc:d
that the Pleaded devdCl'p'lleut order 18 i.sued
vith!n dx (6) IIOI1tb. of th. data of the
wbat.utial d",1at1ou. t!att:nLinat1.on..
l'urtbr
davelop1Dut villi b. autbod..ud and c011d1tloned.
by the final ..eDded d~lopmaDt order.
(11) If Leval of tunca nC" OQ an .v.r.C. annual
da11y cond1tion for &D1 telional roadway .....ut/int.r-
..ctiOlil identified herdll :l.e exceeeled aDel project
traffic on ...id roadv.,. 8epent/hter..'ct1on. equal.
lOr excuda ID% of the Ley.l of Service "e" Yoltm1.
(ut11iz1a& seaaral1%et! ..rvice vol~. .. ..tabl1tbed
IBDl
025nS! 51
IS
1A
-,
-
-
b7 lIlOfll ...d
(a' the radv., !=provu,at .ec:....ry. tD r.tuna tD
levd Df a.mea C or batt.r eoncl1tloll 11 DOt.
prolr---.d OIl the appU.cabla HPO or CoUbr
. .
County ,hr.. 1.ar traffic lmproveaeat pllD v1th
ilI,atU1ei fund1DII or
(11) if nch prolr....' t.prDTelftDCa delated frOll
IIU thn. ,...r traffic 1Japrovalll.la.t plan: or
(e) 11 thr.. "1'1'1 pa.. without the .tart of
e.cmatrvc.tioa of add t..provant; U'
Cd) the leval of ..rr1c. OR &P1 ,aid roadwa,.
aepellt/1ntaneetiou. .xced. Lwel of Set'Vlea
"D" oa a1l &UDU&1 Aven.1 daU, CODUtloa. prior
to thl eoutruct1oa of tbe prolraud 1JaprO"Vu:ent;
thell . wbatllllt1.a1 4Iv:latloD. .ball be de.eNd. to
hay, occurra&!.
The dndop.r ..,. coatf.aua dlvdopuut durlDS
..1d aubat&u.t1al dtv1&tf.oa DU uvi." bDtU ...
&UDdad l!evdopacnt orler 11 und', ,rcwUd.
that the _11414 ,,"a~t ..". U UftI4
within .~ (6) ~th. of the dat. of notiee that
..I. lub.taothl devj&tion has occur.d. lurthar
deve1QpIIl&nt rill b. authorin' 1.0.' eoad!clcmed
by thl final ".Dd,d d~Yelopaeut order.
(5) '111. devdope.r .hall proVida . tail' .han cDat:dbut1oD tovard
the capital coat. or . traffic,'ignal at -01 project entraD.ca
when deezae.d ".ITllDted 1:17 tb. Count,. Enp.neer. Th. dpal
shall be: ovued I operated aucJ llI.:l.ntdnecl 1:11 Co1l1'er Coua.t,..
(6) If four-1aGbg of CR 846 t.a froat of the project h.. not
CO"'l1ced prior ::0 dc.va1opIHtlt of cOlll:lIerc1&l or r..ident.:Lal
unite within. the project, the developer _halt pradd. 1lD.
eutbouncl left tuna _torala 1.~. and "eat.bound 4eealuat1on
1Mh. at e.ach project ent.rance before an, Certificate_ .cf
Occupancy au 1..ued for. the ulUU vbleb would ba ue1i1a that
project antraacI.
-,
m" G25rl>l' 52
1&
.--.....-
1t"fA
.11
-
-
(7) The developer .hAll ]:Irovida art.dal 1n"&1 .trut If..chtba ae:
each project entrance. Th. DperatlD& &ad .-!nten&Dca c08ta af
tb... uniee .hall b. auu.d It)" Calliar CoUDt:1'
(8) Th. appl1C1:ht ..tip.. . dp1t!C&D~. au.bar of Vood1and. tt~,~
to the propond park-l.ud. Soutb Ac:ca.. Iod lrara the 'arUan4.
boundary aouthvard, 1a lb... IV (ead1D. 2004) of the
Woodland.. 111. appllC&Dt aha ...lsned . dg:af.f1l:ct DUmher
of Wood.laDda trip. to the propoaa1. t.1Y1.DI.tOll load batw..D
IlIIlDOkalu Road and Vaoclubllt leach Jou cluria. Ph... V
(endic, 2007). If the.. road .'pt.DU an bat COZlatnactacf b,.
the .pecified Phaae. the project ,hall UDdcrlO a datera1Dat1oD
u to vhether a au.bat&a.tial cfeY1atioll baa occurred. J.D..
ceDdec! dll'l'dopl!Dt o~d.r .hall b. tellilfared &ftar aD7
lub.tepHal deviation dlt~tiOD, wbathar found to b. .
IUb.taot1.1 deviation or Dot.
6. VI:CETAnoN AND VlLDLIn:J
th. .ppl1eaDt hal identlf1ell th.
,
potUlt1al for eertdA .p.c:1.u to exuc 111 pre..rYat:!oD. are..
011 the dn. n. pr1auy t..ue of rltaioua.l COD-CUll b project
iMpacta to is .PlleiU of ltird.... 2 .paet.. of npt1.1u aDd Z
.pcc:1.. of aaaall wbieh are al14aDIe.red. thr..tallad, or are
.pee1.. of Dp.cial coaeerm that --1 arow, feed. aeat aod ~r.e4
Oil the WOod1.eD9 dte.
Cat1cl1t1obl :
a. Th. appl1c&ot CCl'8a1t. ta tI..4 n.trlct1on., ap1aD4 bufflr
area.. aDd cypr... pr..arvat1on arel. to protlet the
endansered, tbreatelled vr .pecla1 concern .peeie..
o
b. A. .urvey for ..ny ..ala aDd woed.tort n..t1D1 activit!...
.hAll b. c0n4uete4 prior to commlaCeD&Dt of d...lopaaat.
Copiu .hell b. aellt to Colli.r Cou.atJ HIHD, the SllFIPC
end FIDr1d. Ca.. and lre.h ~.t.~ F1Jh Co~.a10D.
. c. All untie plante. .. Ibf1ned:ln the CoWer 'COUDty Code.
.hall he removed durinl each pb&.. of eDn.trueticn:a fro.
dCVIIlopmc:ul: areaa. OpCD. ap.ce arc.., aad pr...xvs are&a.
Yollov1ng II1r. developm'Dt . ..1D.t..ua.ea pnar.. .ball b.
aOK 025,1'.1. 53,
:''i.7-
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1A
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..
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....... .
-
-
-
iIlp1neDte4 to prev.Dt re::lIrr..1oa of the d.h D7 auch
u:otie .p.ci... Tbb p4n, which v1ll duc:r1b8 COD.trol
t.clm:lquu aad. 1D.,.ction 1a~etva1a. .ball 'be Ul.d w.tth.
and approved by th. Katura! a...DUree.. HmaEnleDC" Ihrp.rt-
. .
.CDt.
4. OIle. .p.c::1.flc: .it. cl..rfn&' ,laD. ara n.'ba1tted, 'bou.a.lfa-
r1e. of are.. propo..d fOE devclopacuC .hall b. lIt and
fl'-Bled ill the .field br the petltiour, IUbJect to
.pproval by JIRHD.
loWlS.d.. of .re.. propo..a for
pr..-c.rv.Un :.h.t.U ba .et aDd flaU:.. 111 th. C1.t.1d "7 the
petltion.r, lubject to .pprOY&1.b7 BKKD. Preeaut10ea by
~ork er" lupervhor. vor'k1lll e.1o.. to plamd pn..rY_
are.. _hall b. IIDcourac.4 1. orde.r to a.!n1a1za .w1.l41Ue
.n~ pr...rr.tiDd area diAturblaccl.
... %he p.titiODu .hell ..tbEy .11- ,taU (Florida C... aud.
lruh Vater Puh Co_bdn) &1:111 fderal (t1a1ted Statu
.
Fbb .rut lI'l1dUl. Serv1c:.) Itlpulat1o:. cODcet"l:1!al
. prote.tted plaDt &lId aa.1aal .p.el...
f. A dtc. dearlDl p1.. _haU b. .u1:rd.ttd to tb. X.turd
ItUD\lrC" KaMIC_t1t Dcp&rtunt for review .DeI .pprewa!
prior to any .ub.taDtla1 work ou the d.te. 'rhb plan -7
be 8ubmitteel In pb.... to cO!l1Cida nth tha d:evdoP'lllant:
.chadd.. Th. ait. duriol plaa .baU c1e.ar1r depict
hcrv the f!g,al _ita laYD1lt hcorporatu retdn" natb.
vese.tatioD. to the aakt.u. axtaat poaaible &D~ bow road..
bu11dinsa, lak... park1P, }ota, and otbe.r faciliti.. have
been orteotad to aeeommod&t. thia coal.
1'. N..tin .pede. .hal1 b. utUued. when .....U.hI. to the
aax.:I..wa exteot pouible in tb. elt. LuIS.capiaS t..1Ea:.
A l&Ddae.piul plan will b. wbmitted tD the N'..tun1
Jluourc:e. HanateAeut Departcect aDd the ComaaaD1ty Deve1-
opllant D1vldon Cor their review aulll _pproval. Thia p1aa
vill depict tbe incorporation of Dative .p.e!e. aDd their
_1.x v1th otbar spact... if aa1_ 'the 1;0,&1 of dt. lapd-
am 025 W$. 54
18
1A
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-
"
.capift& .ball b. the n-cnaC1oII of batty. v.,atatloa aDd
babitat char.ctariatiea !oat OR th. .It. durlbl con.truc-
t10a Dr due to p..t .cC1Tltie..
7. VE'IT..A.HPU Tb \loodlaad.. de. cODtd.a.. II total of 3.58 auc. of
. .
vetuod. vbicb aecount. for 72% of th. total d.c". Mo.t of
the cypu.. and .. ..jar porcin of thl tran.ld.wal vatlaDb
are plrt of . ..jar .1ouJh .yatem which tr.ver.e. thl e..t.~
port1ou of thl .1te. Aa.. raau1t of pu.,e4 diacharlc, ...oel-
acd with th. Isrlc:ulturat op.rat~ located hoth "a.t lad
Dorth of thl project site. .1oDI vith drawl_ b1prD'f'aacUtl
wc.h .. tho canal loeatccl hmaed1atdy louth of thl proj.et
.itl .djac&pt to t-=okale. (Ck 84'> load, the overall .1t. h~
.xper1eneed aa altered b1droplrlod.
!'r"cllt1y thl llXotlc
.d_buc. h clUfu..d throulhout the .ita. but DD .pacific
locatlonl or acre.en of DpKt" ar... haft: rat beeft da1.iD-
e.ated.
.
The .pp1ie.~t e.tfmatea that up to 119.6 aera. or 33% of the
"etl&.Dd. v1l1 be 1mpactd by tD.d.., lolt cart r:ro..:l.al., laka,
aDd the lolf eour"~ As a.1tisat1..on. for vatlan.rJ iJlpe.cu, th.
appHant ba. cOllll1tted to . "d.. of .-1ttS&t:lou meanTa.
.neh .. vetlaftd &ud upland buffer ~ODe pre.e~. ar...., vplaad
p~e..rv. ara.., lake littoral an4 limn.tic EODI creacioa,
exotic invaded v.tland rut::DraUon &.Dd: brdropariod r..tor.~
tiOD.
Conditions:
&. Ibll ..ppl1cant ccmadU to. "etlaad pt..arT.don, vatlad
aitiS.tioD and ".ter -.anale.acnt dedp pra.entad v:1thiD.
the ADA and .ufllet.ncy dOeu.8nta which ar. incorporated:
u condition. of .pprO'....1.
h. Prior to the 1Dpl.~eat&tion of each p&'.. of th. dlY.lop-
ment, ~re detail.d Infopmat1oa .hall b. aub~tted to the
Florida Dep.rtlDcnt of !avirotllU:nta.l Jlecul.ticrD, snnm,
swruC. and Colliar County lCRHD for review, which pro-
vide. the fol1ov1nC infoxaatlonl .
&OD.(
025 PIll 55
~f!T-
JA
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.
-
-
L Eeolog!ca1 health condittDll aDd fua.ct!oa Df each
watl.ad to b. t.pactad.
2. A JaOn ,neh. :tdcnt1f1cat1aD of wich vetlaa. area.
vUl be de.trayed, ...... 011. the .1.".,.. lut'Ve7 aDd the
.pp1:l.ca.t1oa Df the prope.ad ftt1aD4 ruourc. Nu.sa..
ileaC pLl.Up...
.1. Jlutodc vate:t 1nela to b. _f.ntat.u.1l within
".tlaae! pr..nv.. to ..fT_ .. . 4..111I aDd rev1ev
culde.
... Hare cI.i:aUd, iDforMot:loa. OIl haw en vatar ___Ie-
_"'at Irate. riU II&1JItd..D. hU:tor1c v.t.r !eYll.
v1th1a. neh Vttl.uacl preae.",~. Cl'laca.u!l1t aDd cJ.dp
of the djult.tt1e .tractur... equalizer nra1ea &al!
eulytrta.)
S. A .Lf.DteuncI pIn to .datai. the ".rall ec010&1-
cal internty of vetlAlIlI pt...n. _nu.
.
6. A3J. aanual report fro. the EomaD'W'llert. A...odat1rnl to
resularl,. aIOI11tor cOIlpllaace v1Cb de.. r..~ct:tou
for r"lldcat1&l .atb.eka aDd pre.arr.cion.
c. n.. Collier Conaty rav!", .Ull b. conductc::l accorc11n1 tD
lub.taatlal dev1arloa datera1natlon provl.1oal of Chapter
380.06, !::!:.
I. COHstST.DfCY \11TH 'THE LOCAL COMPitE!lEKstVE P'LAlh The nbjeet
property 1. du!gm.ted ., Drban oa the l'uture Land D.e Hap and
.&~t. the nece..&ry retina po1at. far the pro9o..d ~cn.it7 Df
2.92 unit. per Iro.. '-crt. III ,.dd!t.lon. ehti projeet ...t. tb~
criteria for thLpropo.td laD4 Ull.. . thar.fore. the devalop-
"Dt compli.e with the ComprebcD81v. Plan.
9. GENERAL COHSIDEU.TIONS r In tine VODclland." .ADA. JW:Mroua
eo.a1t.cnt. "en lllade by the .ppHe'Dt t:a Idt1&:at. project
hrp.ct.. HaD1. but not all of tha.. COJllll1e.Dt, ~n .luted :t..
chi. D.velopaent Order.
AddltiDDal11. the ADA p%ov1d.. a lb..1ng Schedule thEt provid-
ed thl t1alD& b.si. for thi. review. If thi, pha.iDI ,chedul.
1. I1gn1f1caQtly alterell by tbe .ppIle'Dt C.haD ...D1 of the
aODl 025 rl\t 56
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"&lie ...uptba.a at th1. &}'pl',",.l coa.U \. lhl1>>.taD.tiaU,.
c.baDc:t:d. potClltWl,. rd81D& adclltlaDal a.ep.anal :t..Ud lid/or
1.mpactJ.
CODditicm.:
". All c.OIIIlI.itwu; lid iMpact att1,at:1q action. prcwUId by
the applicant w1thia thl Appllc.t~. fDr DlYalDpmcDt
Approval (aDd. aupplelUlllt&f'7 4oe=aDu) that an not in
eODfl1ct with .paclUc cnd1t1oua for projlct .ppron.l
Dut1!De4 AbDu ar. offlc1&U,. adopted. .. Cl'lDllltiDOI for
approval.
b. The dndeper .hall .abatt 1111 aDDUal report OQ the
develapaeDt of 1'.&1011&1 Dp.ct to CoUier CcnmtT. tha
Soutbv..t florU. hltcma1 Pl&mlb'B CDUlldl, the Dcp.rt-
)Dcnt of c:o..un1.t7 Alf.ir. ADII aU dlec:tad peE1d.t .a&:RI1-
c1u .. require. :La. 5ub..ct1oD 380.06(18). ~
Stat\lh..
.
e. Th, devdopluat PhulDS Sc.hedul. prelented vith:f.u the
ADA, aDd AI adju.te4 to data of develapDe~t order .ppreval
lIad/or permit approval 1. 1Dearporat.. II II condition of
appronl. If .nlvc1cpme.at Oder coudlt1ou aad Appllcl1lc
Co1IIIitalutl 1ac:orpcratad v1thi.D the DlVdopu:nt Order to
.ttll_t. .reslPDal impatt., ar. not carri.d aut ..
1nd.1t&ted to the nt.Dt or 1n accord rith the timinl
.Ghedul.. .pacified within the Development Order and thi.
phu!11&' Ichedule, thea. tbl1 .haU b. de.....d to h. .
lubltantia1 de:vbtloD for, tbl affecud rl&loD&l una.
10. !!1!:!:.
a. Prior to 1.;';. i..uut. af anT bu1141as' para1ts. a fin
atatiaD aervibl tbia project w.t b. oparaeb.1l with five
(S) aile. af the project.
II! IT TDltTHEl RESOLVED., by th. load of County Co.d.aibDU. of
Co1l1clr County, that:
1. All c;ollDltment. &nd 1apaec attie.tins aetioD.. prodcl.. b1 the
appliCAnt in thl AppUc&tlon for Devllopaeat ApprO'Yll with
aupplelDental docum.ent. aDd tbl Appl.t.eltlcna for Public: lIe.rinK
IDa( OZE ,,-.,t 57
-21-
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,-
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ler r&Cou1DI wLth eupplem.atll"docuaantl that are Dot in con-
fIlet wit. cODdlt1oa. O~ It1pu1at!oD. .pacifically .G.-.rate'
above are hereby adopted to thla Devalopaeat Order 'by r.ter-.
"Dca.
2. the CDmNDlty Deve1op.nt Ada1l1btrator .b.l11 b. the local
ofticbl :r"p01Ul11lla lor ",&ur1D& cn:p1J.u.ce v1tb. the D..",1.op-
.ea.t Order.
3. Th:b Developaellt Order .hall r....ll1 :lD .ffeet far 20 ,._an,
the e.t~t..4 duratloa of tbe project. Boveye%'. 111 thl ....at
that .1ptfle&Dt ph,d.u! .s.....lopact baa bDt c"-&au4 v1thin
Collier CcnmtJ within lb. (5) ,.ean. drr&1opJDtJ1t approval
vUl teraiData &114 th1a clcvalopaDt order .ball DO lODler b.
efCect~v..
lor parpa.... of thi. requiremcnt "a1aDtflclat
pby.ical davelopment" doe. Dot Laelud. road., dr.inaJa or
l..adaeapu& but dc>>u indueS. eooatrvctlall at buLldInS8 or
l.a.ata11atloD. at ut111t1.. and tacUltlu .ueh .. .ner: and
.
vlter UD". Th1a a. period _,. be nUDdcd: "7 the Board of
Count7 eo-tadOD&r. \tp011 requul: by the D......l~pu, :tal th.
,
ev.Dt that uncontrollabl. c.1rcumataDeu delay the eOll:lllleDcUlaat
of d.tVe!ops."t:.
". The appl1cant or thur nee.llorC.) f.D t1.th to tb. .u1tjlct
proputy Iball... ..bait . report .nnuaUy, C~Qc1n& ODI ,ear
fro. th. afCtet1ve data of thb d....a1opDeDt: orde.r, tD the
Board of County C01Zllll1.l1oD&n of Callier County. 'th. Soutbvut '
Florid. It.eaioDd Plaun1bl CoweU. aDd tha. D'partJae:nt of
COlIllW.nity Affdn. Thil npo~t will eoota1D th 1Dforut1ou
nqulrd 111 S."tion 91-16.2.5, norlda AcfIl1u1.tra.tbe Coda.
F.ilure to .ubm1t the &mIual r.port .hall bl cov.rnad by
Sub..etioD 380.06(16). llorid. StatutI..
S. SubuqucDt requut:. fer devaloplllcnt pend.u .hall DOt require
further nvbv punuant to Saction 380.015, norld.a Statut....
unlue it 1. fouad: br the 1I0ard of County COlIlIld.u1011ar. of
Coll1.r Couaty. after clu. notica .u4 b..r1n&, that ou. or mora
of th. fol1oviD.1 1. pre..nt:
'OIl G25w'- 5S
U2-
-'.<'~"~~""'.'.""""._-----_.~_...',--~"--,~,.._~.>...,,.."",","";",""~,,.,_.,"-"'~"-<'-~'-'
1A
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.;
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a. It.. .ub.t&lltb.l ...1at10'D fr~ the tend or eolUl1.tiou of
thl. dey.lopaeDt order, or other chaDle. to th. approved
developaent pl... wbich cr..c. a rla.Of.\ll l1ka11hooa ot.
.ctver.. nlioraa1 1.Iap.ct. or, ocher :.,1011&1 bp.ct. vb1ch
yen not evaluat.. 1D th. rllViev by tb. Southva.c: l'lor1cl.
kt.a:1oul P1a=.1D1 CoUDCU: or
b. AD nplr.t1ol1 Df tbl period of effect1Y'De'. of tU.
dev.lopaellt order.. prOYid,4 b.raiD.
tlPOD . f1Dd1n1 that .ither of the .bcrtl b prut"'D.t" the Jet.rd
of CO\lDt7 eoau..1ODera of Coll1er CWDe,' 11&' ord.r a tead-
nnlaD of &11 deve.1opaaat activity UDtll neb tia. II . new
J)U Applle.":.1ou for nnd~Dt ApprO'Ya1 b.. beea. auhtdtted"
r'v1~.. aad .pproy.4 1D accordanc. with Seetloa 380.Q6,
71orld. Statute..
6. 'Ib. .pprani e:rallted by tbu D...:1oplUl1C: Order 1.. lbit..s:.
SUch .pprOYIl .hall tlot ba cOD.t:rud to ob\rUt. the duty of
the applicaDt to comp17 with .11 other applie.bl. local. .tat.
or Cederal peraittiu& proe.dure..
7. The deUnit10u c:outund I'll Ch&ptar 380.06, nodda Statute"
ah,ll control the intcrpretatiDa aDd eoa.tract!aa 01 &'117 t.~
of th1. Davelopsent Ord.r.
8. n'11. Order .hall b. b1nd1'll1 UP" the Dndoper, a..1IDu. or
.ucce,.or. in int.re.t.
9. It i_ undu.tood that any rafuanc. bard.1I to aD1Iov.~ta1
'seney .hall b. coft.trv.d to _an aDY futura in.tl'\.llUt1taHty
whic.h &I,. b. crutad or d.d~.td or auce...or 1D ia.tar..c.
to, or Which otharvl.e po..e..ea apT af the pover. and dutie.
Dr aD'! refer'Dced &overumental aEe-aCT in .xi,tllle. CI. the
effective d&~. of thi. Order.
10. In the ennt that aU7 portion or ,.ctiO'll at thb Ord.r 1.
.
determ.1Ded to b. .fov.lid, illepl, pr ua.eo1llt1C:ut1oa.al by .
court Dr ag.acy of competant jur1.dlct1oa, .ucb dcci.ioD ahall
in nD aaDner eff.ct the r&aa1u1ul port1ooa of thi. Order vhich
shall rema1A 1.u full EDrea .nd effect.
lOOK 025rl~ 5,9
"23-
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11. Thb n.olut101l" .ball It.COlla ..ltectlv. .. provided. b1 bv.
12. C.rt1fb4 eopu. of thb ord.r are to ~. .eat ~cl1ate1,. to
the Departaeut Df Co..ua.1tr Altair.. $Datbva.C 11or1d'a ledou-.
a1 PlaDoiol CotmcU.
DULY PASSED IoJID ADOPTEIl <hi. ~4'7 .r II;.~,,,= UIG.
DAn, N:Mo1l:er G. UB6 JOAIlD or C01JIItJ CXlIlII1SSIOIlEIlS
ATttST. :~tImco 'Q.~;e~
JAKES C. GILES,CLEU: ,eBA:
.........,....n......,..
. "" . .
~.Y.~ ...... . MIYJr1 '
l~....-;:-~.~
g!I / :UrnoVEll ,As" to lOIIl AIlD L!CAL swnCIEIICf
=,,: -.'.. ,'l>'.".:< ~ '"
.5" : ~~. "'-:.' t1._~
. -:."(0 ':. ',' 'CUt1:El.
. ;':,.... co' "
~ . 'Ir. I .
-P!' -. ~, "..:;.~:...-1......
:'/ . ~'#, A".I.~.,n\t;~\. _",
.. "1 I .0
;. .......10......
.:.; 'VOODlJ.IIIlS 00 PETlTIOIIn
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'C.:i;_ .
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.
,
IDOl (}25,m 60
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rrA
olde cypress meeting
Page lofl
Munoz, Silvia
From: henning_t [TomHenning@CXllliergov,net]
Sent: Friday, February 01, 2008 6:50 PM
To: tuckersam
ee: ochs_l; mudd.J
Subject: olde cypress meeting
Sam
We want have the meeting before Feb 15th
2/612008
GLHOMES
December 5, 2007
Strada Bclla at Olde Cypress Neighborhood Association, Inc.
Santorini Viilas Homeowner's Association, Inc.
c/o: Mr. John Dinino
3155 Santorini Court
Naples, FL 34119
RE: Satwnia FalWOlde Cypress - Timing of Construction of LandscapingIWaJlIBerm
Dear Mr. Dinino,
This letter is provided as a follow-up to the meeting held on November 14, 2007. At the
meeting I agreed to provide Olde Cyprcss with WrittCll confinnation as to our timing of
commencement of construction of the cOllUl1on landscaping, wall and benn that is
required pursuant to that certain Berm Agreement (hereinafter "Agreement'') CIltered into
between Olde Cypress Development, Ltd., and G.L. Homes of Naples Associates, II,
lid., (hereinafter "G.L Homes'') in December 2004. Thc Agreement is silent on the
timing for CXlnstruction of the benn, wall and landscaping and many residents questioned
when G.L. Homes was proposing to construct the landscaping, wall and berm, ,
As you will recall, at the meeting I announced that our timing of construction would
coincide with the commencement of land development for Phase II of the Saturnia Falls
project, with Phase II being the approximate southern 113m of the developable portion of
the overall development The thought being that the berm, wall and landscaping would be
constructed at thc same time we commenced construction of any portion of the
development which was proximate to our common property line. As you may also recall,
I slated that we have not decided on when we will commence development on Satumia
Falls as our commencement of development is tied to issues which involve other parties
and governmental agencies relative to permits and the construction of Logan Blvd.
As promised, we have discussed the issue at length and G,L. Homes hereby commits to
commence construction of the berm, wall and the exterior side of the landscaping (Le.
the landscaping on the Olde Cypress side of the wall) within Phase I of the Satumia Falls
project, concurrent with thc commencement of construction of the project entry to
Saturnia Falls.
We further agree to diligently pursue the completion of the benn, wall and exterior side
landscaping once construction of same has commenced.
1A
1~
Mr. John Dinino
December 5, 2007
Page 2 of2
Pleasc note that this commitrncnt has nothing whatsoever to do with any party's
construction of Logan Blvd. Meaning, we will build the improvements specified in the
Agreement when wc begin the actual construction of the Satumia Falls project, not upon
the commencement of construction of Logan Blvd.
As I stated in the meeting, the landscaping on the Satumia Falls side of the wall will be
installed prior to the receipt of Certificates of Occupancy for those units abutting the
southern 15' buffer of Saturnia Falls as any landscaping installed on the Satumia Falls
side of the wall could be damaged by the associated homc construction.
In addition, you have likely noticed that wc have bcen removing the debris piles and
downed vegetative material along the southern SOO'of Saturnia Falls. We hope to
complete this within the next two weeks. This should drastically improve the appearance
of the Satwnia Falls site.
Should you have any questions, or need any additional infonnation, pleasc do nol hesitate
to contact me.
Sincerely,
G.L. Homes of Naples Associates II, Ltd.
2~n_G_.p-
Kevin Ratterree
Vice President
co: Bill Fenno, G.L. Homes
Rick Elser, G.L. Homes
b/satumiafaUsldinino.120507
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IUMlilrg-Fi",uhllf&Hl.w\ep.neftl-feF-SHtlBIIHe.n ll!sl'9. FBHhl:!--pu!'p8U Bl' Ihis &1:!&'1~1:lfRt-6eIUJ
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Page 140 of 174
Words stf\lel' tkrBugfl are deleted, words underlined ere Ddded
1A
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3.9.9. REOU)REMf.:NT FOR ItF.MOVA.LOF PROHIBITED EXOTIC VF.GF:TATlON
3.lJ,CLl..Q.ENEItAI.
L- Prohibited eXOIic vt:t!ctalion remDval and methods of removal sholl be conducted in
nccorduncc wllh the soecific "rovisions Drench local dc\'eloomenl order
B. NIIlIYe VtUttlllion shall be Dmlee(ed durllll.! Ihe orocess ofremoYinu nrohlhhctl cxolic
vCl!ellltion in nccnrd with Ihe nmvlsloll!i ofSecljfm 3.9.8.1.
C Proltlbitcd CXOIic vl!L.clnllon shll\l be removed from Ihe followinl' locutions llnt.! wilh;n
Ibe Ibllowinl! ,Imcrmmcs:
I From 011 rll!hls-of.wBv commoo areB. IraCls nol DrooDsed ror develoDmenl. Imd
easements orior 10 orellmlnaTV acccotancc orl:ach nhase orlh!! reouirement subdivision
imDrovements
2. From each chase of B dte develoDment olan Drlor to fhe issulInce oflhe certificate of
OCCUODncv for thaI ohase
J From alll!olfcourse fshwllvs. roul!bs and IIdlacenl aDen soace/natural Dreserve areas
odor 10 the issuante of a certificate of OCCUDDncv for lite nrsl ocrmhted structure
Dssociulcd with the I!'otrcourse fDcllity
4 From crODCrtv oroDoslne.anv cnlarl!ement of exlstinu: Interior noor soace Davt:u
Darlclnp area or !!:ubsrantlal site imomVflme"t "rior 10 the InLlance ofa certificnte nr
OI:CUDDncv.
D. In rhe CDse of the discontlnuance DrUSe Dr DCCuDollon or land or wHlcr or struclure lor
n neriod oflJO consecutive dovs or more nmDer1v owners shall Drlor 10 SUb5CtlUel1l11Se t1fSllCh
land or wuter or "Irilelllre con fori" 10 (he nmulullons sPl!dJil!tJ bv Ihls secliun.
Pagtl1410f174
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1A
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WIDCH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACTi SECTION THREE, ADOPTION OF
. AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 3, DIVISION 3.13, INCLUDING
REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE V ARIANCEj
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODEj AND SECTION SIX,
EFFECTIVE DATE.
OBJECTIVE:
To amend the provisions of the Collier County Land Development Code (LDC) to serve the best
interest of the public.
CONSIDERATIONS:
This is the first of two public hearings required by Statute and the LDC for amendments to the
Collier County Land Development Code. This amendment was presented to, and reviewed by,
the Development Services Advisory Committee, the Envirorunental Advisory Committee, and
will be reviewed on February 19, 2004 by the Collier County Planning Commission.
Recommendations of each of these bodies are included in the summary description of the LDC
amendment along with any advisory body's proposed revisions to the staff recommended
changes. The Planning Commission will detennine consistency with the Comprehensive plan as
part of its public hearing on February 19,2004. A summary of the review of this amendment by
these entities is provided with this Executive Summary on the first page of this document. .
FISCAL IMPACT:
As noted on the amendment in the attached handout.
GROWTH MANAGEMENT IMPACT:
The proposed amendment to the Land Development Code is consistent with Policies, Objectives
and Elements of the GMP.
PLANNING SERVICES STAFF RECOMMENDATION:
AGEI'I>A ITEM '-.-,
No.
FEB I 1 2G~'f
Page 1 of2
Pg.
I
'1A
Page I ofl
Munoz, Silvia
From: John Dinino Uomarcfg@earthlink.net]
Sent: Wednesday, November 07, 2007 3:52 PM
To: hennin9-t
Subject: Olde Cypress Situation
Commissioner Henning,
Just a brief note to let you know that Diane Ebert does not represent the residents of Santorini in Olde Cypress, nor does she
necessarily share the same views.
Also, we would like you to know it is a general consensus that all eighteen homes subject to the variance relative to the preserve
encroachment should be treated equally.
Sincerely,
John Dinino, President
Santorini Homeowners Association
2/6/2008
1A
public records request
Page I of I
Munoz, Silvia
From: hennln9-t [TomHenning@colliergov.net]
Sent: Tuesday, November 20, 2007 3:33 PM
To: muddj
Subject: public records request
I would like a copy of the NOVs issued In Olde Cypress for setback from the Preserves. I am told there is two NOVs, but I'm not
positive. If possibie please emau the NOVs to me
2/6/2008
1A
. Page I of!
Munoz, Silvia
From: fiala_d IDonnaFiala@colliergov.net]
Sent: Thursday, January 10, 200812:35 PM
To: Clay C. Brooker
Subject: RE: 1-15-08 BCC Agenda, Item 12A (Farese report regarding Olde Cypress PUD)
Thanks so much for writing and Including this information.
Donna
From: Oay C. Brooker [maUto:ccbrooker@naplesl.w.com]
sent: Thursday, January 10, 2006 12:34 PM
To: CoyleFred; hennln9-t; flala_d; ColettaJlm; HalasFrank
Cc: muddJ; ochs-'; SchmlttJoseph; IslenesSusan; mason_s; burgeson_b; lorenz_w
Subject: 1-15-08 BCC Agenda, Item 12A (Farese report regarding Dlde Cypress PUD)
Honorable Commissioners:
As you may remember, I represent the owners of the home next door to the Grider house in the Olde Cypress PUD. Mr. Farese has drafted
a report on the Olde Cypress PUD which will be presented to the BCC next Tuesday at a time certain of 11am.
In his report, Mr. Farese Interprets the LDC in such a way to conclude, In his opinion, that single family homes are exempt from the 25-foot
preserve setback. Each of you should know that the County's own environmental department unequfvoeally disagrees with Mr. Farese's
opinion in this regard. Attached to this emall are two emalls from Susan Mason, Principal Environmental Specialist for the County.
The first emall, dated August 16, 2007, is a County-intemal email which responded to an argument by Mr. Grider himself (back in August)
'hat his home was exempt from any preserve setback. In this emall, the "exemption" argument is rejected by County staff _ five months
Jgo.
The second email, dated December 21,2007, is a response by Susan Mason to an Inquiry from Diane Ebert, in which Susan Mason
disagrees with Mr. Farese's opinion and explains the County's long-standing interpretation and application of the 2S-foot preserve setback
to ali struCtures, InclUding single family homes.
I have also personally spoken with Susan Mason regarding Mr. Farese's opinion. Susan reiterated her disagreement with Mr. Farese's
opinion and stated that other envlronmentalstatt in the County Qncluding Barbara Burgeson and Bill Lorenz) also disagree with Mr. Farese.
Under these circumstances, I would request that each of you inquire into County environmental staff's position during the meeting next
Tuesday. .
Yesterday, I attempted to have the attached two emalls included in your agenda packet but was told that I could not. Therefore, we
respectfully request that the two attached emails be made part of the record for Item 12A of the 1-15-08 BCC agenda. If you have any
questions, feel free to contact me. Thank you.
Clay Brooker
Cheffy Passldomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
Telephone: (239) 261-9300
Facsimile: (239) 643-3558
This e-mail, along with any files transmitted with It, is for the sole use of the Intended reelplent(s) and may contain Information that Is
confidential or privileged. If this a-man Is not addressad to you (or if you have any reason to believe that It is not Intended for you), please
notify the sender by retum e-mail or by telephoning us (collect) at 239/261-9300 and delete this message immediately from your computer.
Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-ma/7ls stricUy prohibited. Please
note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of tha law firm.
2/6/2008
1A
Page I ofl
Munoz, Silvia
From: WrighUeff [JeffWright@colliergov.net]
Sent: Monday, February 04, 2008 8:42 AM
To; henning_t
Subject: RE:
Good morning Commissioner-
Based on the plat...
Per dedication #5, the platted golf course easements (G.C.E.'s) were reserved to Olde Cypress Development, ltd. (the
owner/developer/platting entity), and their successors (if any). Nothing in the dedications suggest these are in favor of the County.
I hope this helps - let me know If you need anything else.
Regards,
Jeff
Jeff E. Wright
Assistant County Attorney
252-5740
From: hennlng_t
sent: Saturday, February 02, 2008 7:38 AM
To: WrightJeff
Subject:
is the goif coarse easement in favor of the county our who?
2/6/2008
1A
Page I of!
Munoz, Silvia
From: henning_t [TomHenning@colllergov.net]
Sent: Thursday, November 08,20071:00 PM
To: Wcs5353@aol.com
Subject: RE: (no subject)
Mr Snyder
Diane Ebert has not stated to me that she represents Olde Cypress. Is there something that I should be cautious 017
Commissioner Henning
From: Wcs5353@aol.com [mallto:Wcs5353@aol.com]
Sent: Thursday, November 08, 2007 12:44 PM
To: hennlng_t
Subject: (no subject)
Dear Commissioner Henning,
Please be informed that in the mailer brought before the Board by Diane Ebert, an officer of the "Olde Cypress Home Owners
Association" (OCHOA) residing on Lone Pine Lane In the community of "Oide Cypress" (OC), Mrs. Ebert does not speak for or
represent the "Olde Cypress Master Property Owners Association" (OCMPOA) or the "Egret Cove Home Owners
Association" (ECHOA) of Olde Cypress.
Very Truly Yours,
William Snyder
President ECHOA
See what's new at AQJ..,.QQlD and ~~~Your Hom~...
2/61200&
Rc: Ex f'ummary
1A
Page I of2
Munoz, Silvia
From: sdamanagement@comcasl.net
Sent: Sunday, November 18, 20074:38 PM
To: henning_l
Subject: Re: Ex Summary
That's O.K.with me.
Thanks,
Steve DeAngelis
sdamansgement@comcast.net
SDA Management Services Inc.
Phone 239-591-8407
Fax 239-591-8144
---- Original Message --
From: "henninlLt" <TomHeoning@colliergov.ne1>
To: <sdamanagement@comcast.net>
Sent: Sunday, November 18, 2007 1:39 PM
Subject RE: Ex Summary
1)oes 4pm worl<?
From: sdamanagcment@comcast.net [mailto:sdamana.cmentralcomcast.net]
Sent: Sun 11/181200711:47 AM
To: henninlLt
Subject: Fw: Ex Summary
Hi Tom,
On November 27,2007 StradaBells HOA in aIde Cypress bas been scheduled for
the regular agenda.! have two scheduled budget meeting in the morning and 1
am requesting s "Time Certain" for that afternoon so that I can be there to
represent the StradaBeUa Homeowners.Please advise me on that time.Also I am
enclosing the Executive Summary that I have requested from lbe
County.StradaBella was unusual as far as turnover goes.As I ended up taking
on the respcnsibility for the Home owners Association. Vendors were brought
in by me that have yet to be paid since March "07'lcountless hours phone calls
and time with no monetary value to me has been put into this.IfI did not
have moral obligatioo to get these vendors paid I would have left the
homeowners to fend for them selves. I have been told that by the County all
obligations have been met so I am begging that I do not gct looped in with
the other issue ofPUD.Please Help.
Thanks.
2/6/2008
Re: Ex ~ummary
1A
Page 2 of2
Stcvo DeAngelis
;damanagement@comcast.net
SDA Management Service. Inc.
Phone 239-591-8407
Fsx239-591-8144
-- Original Message -
From: houldswortbj <mailto:iobnhouldsworth@collier~ov.Det>
To: sdamsnagement@comcasl.nel
Sent: Wednesday, November 14, 2007 3: 13 PM
Subject: Ex Summary
<<Strada Bells final.dot>>
John R. Houldsworth
Senior Engineer
Engineering Review Depsrtment
Phone 239-252-5757
Fax 239-530-6553
2/6/2008
ExSummary
1~
Page I of!
Munoz, Silvia
From: henning_t [TomHenning@colliergov.net]
Sent: Sunday, November 18, 2007 1:40 PM
To: sdamanagement@comcaslnet
Subject: RE: Ex Summary
Does 4pm work?
From: sdamanagement@comcastnet [malllo:sdamanagement@comcast.net]
Sent: Sun 11/18/2007 11:47 AM
To: henning_t
Subject: Fw: Ex Summary
Hi Tom,
On November 27,2007 StradaBella HOA in Olde Cypress has been scheduled for the regular agenda.l have two scheduied
budget meeting in the moming and I am requesting a ''Time Certain" for that afternoon so that I can be there to represent the
StradaBella Homeowners.Please advise me on that time.Also I am enclosing the Executive Summary that I have requested from
the County.stradaBella was unusual as far as turnover goes.As I ended up taking on the responsibility for the Home owners
Assoclation.Vendors were brought in by me that have yet to be paid since March"07"countless hours phone calls and time with no
monetary value to me has been put into thls.lf I did not have moral obligation to get these vendors paid I would have left the
homeowners to fend for them selves. I have been told that by the County all obligations have been met so I am begging that I do
not get looped In with the other issue of PUD.Please Help.
Thanks,
Steve DeAngelis
sdamanal1ement@comcast.net
SDA Management Services Inc.
Phone 239-591-8407
Fax 239-591-8144
- Original Message -
From: houldsworth I
To: sdamanagementOCllcomCBst net
Sent: Wednesday, November 14, 2007 3:13 PM
Subject: Ex Summary
<<Strada Bella final.dot>>
lohn R. Houldsworth
Senior ElIlIlneer
Englneerlllll Review Department
Phone 259-252.-5757
Fax 2.311-530-6553
2/6/2008
RE: FolIow-up at Olde Cypress
7A
Page I of2
Munoz, Silvia
From: tuckersam [SamTucker@colliergov.net]
Sent: Monday, February 04, 2008 2:59 PM
To: ochs-'; mUddJ; chrzanowski_s; SchmittJoseph
Cc: brock_m; henning_t
Subject: RE: Follow-up at Olde Cypress
DO NOT SHOOT THE MESSENGER! I DO NOT SHOOT THE MESSENGER! I! DO NOT SHOOT THE MESSENGER! I! I
Gentlemen:
Per Mr. Mayberry, the 13th will not work due to a golfing invitational taking place at Olde Cypress; we are back on for the
20th. Please confirm, Wednesday, Feb. 20th at 3:30 pm.
Over and out!
Sam
From: odlsJ
Sent: Monday, FebnJary 04, 2008 1:19 PM
To: tuckersam; mudd.J; duzanowsk'-sj Sc:hmlttJDSeph
cc: brodun
Subject: RE: Follow-up at OkIe Cypress
Sam,
I am available. Also, as discussed, please let us know the date & time for the pre-meeting briefing with Commissioner Henning
next week. Thanks
From: tuckersam
Sent: Monday, Februll)' 04, 200811:02 AM
To: muddji ochs_'j chrzanowskt.s
Subject: FW: Follow-up at OIdo Cypress
Gentlemen:
Due to an issue of timing, coupled with the size of the upcoming agenda and the low chance for overflow on Wednesday, the
meeting has now been proposed for Wed., Feb. 13th at 11 :00 a.m. at the Dlde Cypress Clubhouse.
Please advise if you would be available.
Thank you,
5am
2/6/2008
RE: Follow-up at Olde Cypress
1~
Page 20f2
rom: ochsJ
Sent: Friday, FebnJary 01, 2008 3:16 PM
To: tucken;am
Subjec:t: RE: Follow-up at OIde Cypress
that's fine with me.
From: tud<ersi!lm
Sent: Friday, FebnJary 01, 2008 2:~2 PM
TD: muddj; ochsJ; chrDnowskt.s
SUbJed:: FoIIow.-up at OIde Cypress
Gentlemen:
Would you be available for a follow-up meeting at the Olde Cypress Clubhouse on Wed., February 20th at 3:30 pm, per Gene
Mayberry .
Please advise at your earliest convenience.
Thank you,
Sam Tucker
Executive Aide
Joard of County Commissioners
samtucker@col/iergov.net
~ please consider the environment before printIng this emall
ATTENTION: Be advised that under Florida's Government-in-the-SunshiJle law, information contained within il,;S email becmnes public
record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state
and local levels. There is also a cmlStilutionally guaranteed right of access. For more information on this law, visit: Florida's Sunshine Law
2/612008
Grider Residence
1A
Page 1 of5
Munoz, Silvia
From: hennin9-t [TomHennlng@colliergov.net]
Sent: Saturday, December 08,20074:47 PM
To: muddj
Subject: RE: Grider Residence
Attachments: scan.pdf
sorry, this Is the development standards for olde cypress
From: mudd.J
Sent: Monday, November 26, 2007 9:55 AM
To: hennln!Lt
Subject: FW: Grider Residence
Commissioner,
The series of email beiow get at all the issues we have talked about recenlly.
VR, Jim Mudd
From: SchmlttJoseph
Sent: Saturday, November 24, 2007 7:06 PM
To: mudd.J
Cc: od1sJi IstenesSusan; lorenz_w
Subject: RE: Grider Residence
Jim
Responses below
'J4e
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: mudd.J
Sent: Saturday, November 24, 2007 10:42 AM
To: SchmittJoseph
Cc: ochsJ
Subject: RE: Grider Residence
Joe,
Thanks for the update and I agree that your actions are on target.
2/6/2008
1A
Grider Residence
Page 2 of5
.heck the Old Cypress PUD section 3. Does it say that at the time of DO or permitting the LOC shall apply?
{Joe Schmitt] This Is the section that I suspect that you believe may apply_
3 .04 GeIleral. Land DevelopmeIlt lIegUladOlls
The following are ~ provisions applicable to the Plltl Muter
plan.
A. Reg\llattatlS for da'V'elopMnl: f)f ebe ot.DB C1'PIlESS POD
sha1.1 be ill aac=:danca with the contents of this
<SoauIIIenl:. the PUI)-PI81llled unit Developoaant D1atrict and
other am>1icable sectiona and parts of the Collier
cOlIIlty LUul Developneae Code (UJCl aIId GrQWth
MalOgemanl: PI... in e:ffect: at the t:I.IN of issuance of
IIl1Y developmant ~ to whioh said regulationa :relate
wh$.cb authorizes the cout7;UCtiOl1 of iJl!provements. TIle
De_1oper, Ms lNCll:lessor or asslgDee, agT8e 1:0 fQllow
the POD ~.ter PIan and the regulations af this POD as
adopted and any other coudieiCIDS or IllOdifioations as
lIay be agreed to in the rezoning of the prop$rty. In
addition, any succ:eaaor in title or assignee is sul;>jeat
to the ~ementJ;; within this agreement:.
However, in this case the 25ft preserve setback would seem to apply. Note that since 1991, the Collier County LDC
required the developer to provide non-exclusive easements or tracts in favor of CoUler County, without
maintenance obligation,jor all protected/preserve areas required to be designated on the preliminary and/mal
subdivision plats. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be
designated on the preliminary and/mal subdivision plats was required to have a minimum 25-foot setbackfrom the
loundary of such protected/preserve areas in which no principal structure may be constructed. The PUD is silent
with regards to setback from preserves so the LDC as de/med (25ft) is applicable.
TI.at said Susan and I have been discussing the fact that in the '90s when this PUDs was first written and
subsequently amended it may have been common practice to "assume" that the development standards as described
in the Table II of Section VII in the PUD were the prevailing standards and as such superseded any standards as
described in the LDC where the PUD was silent. Ift/tat were the case and if the Board accepts that notion the
developmellt standards as described in the PUD would be deemed to prevail in every case. As such, then the single
family side yard setback would be 5 feet and the rear yard setback would be 20 feet Understand that if that was an
acceptable practice there would be no violations for the Grider house as it was deemed to be a corner lot and within
stmtdard and the Dunkelberger house would have only a 5.85 ft encroachment into the 20ft rear yard setback. I'd
have to check but it moy even qualify as a side yard and as such only require a 5 ft setback. Again, this is only a
thought We have noting to legally substantiate that the development standards supersede the LDC for preserve
setbacks. We would have to corroborate by evaluating other PUDs for that time period and by interviewing former
employees who staffed and reviewed respective PUDs. lfwe take this approach it is certain to be challenged as it is
really the only "violation" with any real legal merit
Dunkelberger built earlier than Grider so is there a difference between the old code and the new code on what we are NOVing
these folks for.
[Joe Schmitt] No - same code applies as described above
Notice on the NOVs that all the citation paragraphs are the same for both
{Joe Schmitt] Correct- the violations are the same. As noted above, the 25 ft. standard is as of 1991. Both properties
have the same violations.
Comm Henning tells me that Mrs. Dunkelberger has cancer and they go back to Germany from time to time for her meds. We
.,eed to work with these folks and be cognizant of their predicament on future actions.
2/6/2008
'lA
Grider Residence Page 3 of 5 .
~ext Mr. Dunkelberger has been caUlng to set up a pre-app meeting with no success. No one is returning his calls. Please
rectify this situation.
[Joe Schmitt] I will contact him personally and we'll set up a meeting.
Thanks, Jim
From: SchmittJoseph
Sent: Wednesday, November 21, 2007 5:37 PM
To: muddj
SUbject: FW: Grider Residence
See Bob's response below regarding the anchoring system. I sent an inspector out there to verify that the anchoring was correct
and we noted that the anchors were not yet Installed. My immediate response to Bob is to explain how we did not detect this
during our inspection and prior to issuing the TCO. I am awaiting Bob's response. We will revise the TCO to note the anchoring
requirements.
~
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
'Balancing the demands of growth and the demands of the community"
From: DunnBob
Sent: Wednesday, November 21, 2007 2:43 PM
To: SchmlttJoseph
Cc:harrlson....9
Subject: RE: Grider Residence
Joe,
We sent an inspector to the Grider residence and the required permanent anchors were not installed. On Tuesday 11120 I meet
with the Contractor and the Architecfs representative to discuss the permanent anchoring installation requirements.
1. The contractor advised he was not aware the FBC now requires permanently installed anchors.
2. The Architect's representative stated a wind-borne debris protection fastening schedule for the wood structural panels
will be submitted for the anchoring installation. Both agreed the installation will take place within the next few
weeks and they will schedule a building inspection.
3. The Architect submitted the revision to delete the impact windows on 2123/2007 with the substitution of
plywood without hardware and anchors which was permitted in the 2004 FBC. When the question was asked do the
plywood panels meet the FBC. I responded with section 1609.1.4 Protection of Openlngs.( Exceptions) from
the 2006 FBC which was revised requirlno the hardware and anchorino installation. The revision to the FBC was
adopted on 12/8/2006 the Grider permn was issued on 10/1912006 and permitted under the 2004 FBC. The Architect's
plywood revision Is dated 2123/2007 my interpretation requiring anchoring is from the 2006 FBC adopted
revisions. Please advise if I should revise and include this stipulation in the TCO letter.
2/6/2008
lA
Grider Residence
Page 4 of 5
fffuurll. tpm!
9.W
Robert A Dunn
Interim Building Director
Collier County Building Department
2800 N. Horseshoe Drive
Naples. FL. 34104
Phone: 239-252-2442
Fax: 239-252-2906
From: SchmittJoseph
sent: Monday, November 19, 2007 12:08 PM
To: DunnBob
Subject: PN: Grider Residence
Bob - see Jim's emall. I assume that the anchors are in just like any other shutter system.
Ju-
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: mudd.J
Sent: Monday, November 19, 2007 11:17 AM
To: SchmlttJoseph
SUbject: RE: Grider Residence
Joe,
Does the structure have the anchoring hardware installed?
Jim
From: SchmlttJoseph
sent: Monday, November 19, 20077:38 AM
To: mudd.J
Subject: PN: Grider Residence
2/6/2008
'lA
Grider Residence
Page 5 of5
Jim
You asked about the windows and storm shutters approved for 2949 lone Pine Lane, Olde Cypress, Permit #: 2006063048. The
plans initially called for Impact glass. A revision was submitted and approved by the building department to change from impact
glass to regular windows, and protected by plywood shutters. I stand corrected regarding plywood shutters, as long as they are
installed In accordance with Sect. 1609.1.4 of the FBC 2004 w12006 supplements, Protection of Openings, this is an allowable use
in 130 mph wind load areas and below. Olde Cypress is in the 130 mph wind load area.
Exceptions:
1. Wood stmctural panels with a minimum thickness Of7/16 inch (11.1 mm) and a maximum span of8 feet (2438
nun) shall be permitted for opening protection in one- and two-story buildings. Panels shall be precut so that they shall
be attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be
predrilled as required for the anchorage method and all required hardware shall be provided. Attachment shall be
designed to resist the components and cladding loads determined in accordance with the provisions of Section
1609.6.1.2 . with permanent corrosion-resistant attachment hardware provided and anchors permanently installed on
the building. Attachment in accordance with Table !Q09, lA, with permanent corrosion-resistant attachment hardware
provided and anchors permanently installed on the building, is permitted for buildings with a mean roof height of 45
feet (13 716 rom) or less where wind speeds do not exceed 140 mph (63 m1s)
:Ju
Joseph K. Schmitt
Administrator
__ Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
2/6/2008
,
-0
1A
SBCTJ:ON VJ:i
RBs:m1l:NTrAL I.AHI) USB D.I:S'l'lUCT
7.01 PURPOSE
Tbe purpose of this Section is to identify permitted u,"eliJ
and development standards for areas within OLDE CYPRESS
designated on Exhibit "An, the POD Master Plan, as "R".
7 _ 02 MAXIMUM DWEI,LING UNITS
A maximum number of 1,100 residential dwelling units may be
constructed on lands designated "R".
7 . 03 GENERAL DESCRIPTION
Areas designated as "R" on the POD Master Plan are designed
to accommodate a full range of residential dwell~ng types and
compatible non-residential uses, a full range of recreational
facilities, essential services, and customary accessory uses.
The approximate acreage of the "R" District is indicated on
the POD Master Plan_ This acreage is based on conceptual designs
and is approximate. Actual acreages of all .development tracts
will be. provided at the. time of Site Development Plan or
Preliminary Subdivision Plat approvals in accordance with Article
3, Division 3.3, and Division 3_2 respectively, of the Collier
County Land Development Code. Residential tracts are designed to
accommodate internal roadway!!, open spaces., parks and amenity
areas, lakes and water management facilities, and other similar
uses found in residential areas.
7 . 04 PERMITTED USES AND STRUCTlJRES
No .building or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or part, for other than
the following:
A. Permitted Principal Uses & Structures:
1. Single family detached dwellings"
2, Single family units as individual structures or as
combinations up to and including eight attached units per
structure. such unit types with marketing descriptions of single
family attached, duplex, patio, cluster attached, cluster
detached, villa attached or detached, townhouses and zero lot
lines are permitted.
3. Water management facilities_
SECTION VII PAGE 1
->
'"fA
Parks, open spaces and other recreational outdoor
4.
facilities.
5. Mu:Lt:i-FlUlli.ly DWellings including Garden Apartments.
6" Any other principal un which is comparabl!i in
nature with the foregoing uses and which the Development Services
Director determines to be compatible in the "R" District.
B. Accessory Uses and Strl.lctures:
1. Accessory uses and structures customarily
associated with principal'uses permitted in this district.
2. Mode1. homes and model dwellilig units in conjunction
with promotion of the development for a period not to exceed three
years from the initial use as a model_
3. Temporary sales facilities for the initial sales of
units for a specific project as permitted ~y the Collier County
Land Development Code in effect at the time building pel:11lits are
requested" .
4. Temlis o~s, handball and :racquetball courts,
swimming pools, shuffleboard courts and other similar facilities.
5. Signs., alii permitted by the Collier County Land
Development Code in effect at the time a building permit is
requested.
1;. Any other acoessory use which is comp;o.rable in
nature with the foregoing uses and which the Development Services
Director determines to be compatible in the "R" District.
7. OS DEVELOPMENT STJ\NDl\RDS
A.' Table II sets forth the development standards for land
uses within the "R" Residential District.
B. Standards for parking, landscaping, signs and other land
uses where such standards are not specified herein are to be in
accordance with the Collier Oounty Land Development Code in effect
at the time of Site DeveloplllElnt Plan 1lpp.roval. Unless otherwise
indicated, required yards, heights, and floOr area standards apply
to principal structUres_
C. Development stanil..rds' for uses not specifically set
forth in Table II shall be established during Site Development
PlsnApproval as set forth ,in Article 3, Division 3_3_ of the Land
Developllient Code in accordanoe with those standards of the zoning
district which is most similar to the proposed use.
D. In the case of residential structures with a collU1lon
architectural theme, required property development regulations may
SECTION VII PAGE 2
~A
OLDE CYPRESS PRR
Page I of2
Munoz, Silvia
From: henning_t [TomHenning@coUlergov.net]
Sent: Saturday, October 13, 2007 3:12 PM
To: GrimshawHealher
Subject: RE: OLDE CYPRESS PRR
Thanks, I'll wait for all of the information
From: GrlmshawHeather
sent: Saturday, October 13, 2007 2:45 PM
To: hennlng_t
Subject: FW: OLDE CYPRESS PRR
From: estradamaria
Sent: Sat 10/13/20072:11 PM
To: GrimshawHeather
Subject: RE: OLDE CYPRESS PRR
Partial report is complete but waiting on 18 files to finish report
l.1aria
From: GrlmshawHeather
sent: Fri 10/12/20078:06 PM
To: estradamarla
Cc: YbacetaEverlldo
Subject: FW: DLDE CYPRESS PRR
Maria,
Could I get a status update on this early next week? Thanks.
Heather
From: GrimshawHealher
Sent: Wed 10/10/2007 11:44 AM
To: estradamarla
Cc: YbacetaEverildo
Subject: OLDE CYPRESS PRR
.
Maria,
The Communication and Customer Relations Department received a public records request to Identify those individual properties
within Olde Cypress that are out of compliance with their rear and/or side yard setbacks. For each property, piease provide the
.ddress/folio number, the specific details of their setback issue, e.g. by how much is each property out of compliance &
2/6/2008
1A
OLDE CYPRESS PRR
Page 2 of2
~xplanation of the issue for each property, and the actual required setbacks for those properties. The requestor of this PRR is
;ommissloner Henning. Please keep me updated as to the status of this PRR. Thank you.
t-twtl1er Cfrtl'l<Sl1aw
Citizen Liaison
Communication & Customer Relations
Phone: 239-252-8069
2/6/2008
fA
Olde Cypress
Page I of I
Munoz, Silvia
From: Blaine Spivey [BSpivey@stockdevelopment.com]
Sent: Wednesday, November 21, 20071:15 PM
To: henning_t
Subject RE: Olde Cypress
Commissioner Henning,
FYI, we checked with one person at SFWM who thought we would be able to use the preserve for hiking trails, however, we would
lose a couple of acres thus reducing our requirement of 176.2. We will continue to look for a solution.
Have a great Thanksgivingll
Blaine
From: hennlng_t [mallto:TomHennlng@colllergov.net]
Sent: Saturday, November 17, 2007 11:55 AM
To: Blaine Spivey
Subject: Olde Cypress
Mr. Spivey .
Thank you for our conversation yesterday. I found the old original PUD called Woodlands and included the wor1<ing PUD
ordinance 2000-37. On the Woodlands document you will find on page 6 the reference of nature trail with an asterisk or footnote
.hat states "subject to receipt of necessary environmental and other permits and approvals from governmental agencies".
In the 2000-37 ordinance In section 4 page two, you will see the nature trail still appears but the asterisk is not. One can assume
the Water District did allow nature trials In the preserve. Also you will see the reference of a 3.9 acre park on the same page.
You may want to review the District records. I hope this information is helpful for the turnover of the community to the Residents.
Tom Henning
<<Ordinance 86-75 woodlands. pdt>> <<Ordinance%202000-037.pdf>>
The infonnation contained in this transmission may contain privileged and confidcnliaJ information. It is intended only for the use of the pcrson(s) named above. If you arc not the
intended rteipicnt, you arc hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply cmail and destroy all copies of the original message.
2/6/2008
'lA
Page 1 of!
Munoz, Silvia
From: Steven J. Cox [cox.steve@comcastnet]
Sent: Thursday, January 31,20088:24 AM
To: henning_t
Subject: Re: Olde Cypress - Logan Blvd Fence Issue (1/31 HOA Meeting)
Thank you. I will look forward to reading the minutes from today's meeting.
- Original Message ----
From: henninoJ
To: Steven J~
Sent: Wednesday, January 30, 20084:56 PM
Subject: RE: Olde Cypress - Logan Blvd Fence Issue (1/31 HOA Meeting)
I'm not sure if Stock Dev. has applied for a permit, but I will research for tomorrow's meeting
From: Steven J. Cox [mallto:cox.steve@comcast.net]
sent: Wednesday, January 30, 2008 3:51 PM
To: hennlng_t
Cc: k.coome!:@gngsfl.com; shouldsworth@s~Mlent.CXlm
Subject: Olde Cypress - Logan Blvd Fence Issue (1/31 HOA Meetlng)
Importance: High
Mr. Henning,
As a resident of aide Cypress, I was looking forward to tomorrow's meeting (January 31), however, I will
be unable to attend. So, please respond to my questions below and address the following issue:
I hope you will take a few moments to address the Logan Blvd. bordered fence issue. It is my
understanding that any border fence along Old Cypress golf course property and Logan Blvd has been
denied. Is this true? If so, why? The property on the west side of Logan Blvd has a 6ft chain fence with a
privacy hedge. At the very least, Old Cypress must have that same option along the golf course for
security purposes. Please note, Old Cypress is a gated community. Once the road is open, there will be
very easy access to our community without some kind of border. .
I look forward to your response. Thank you.
Steve Cox
P.S. Sandy Houldsworth - Maybe you can also bring this issue up and get a response at the meeting.
Thanks in advance.
2/612008
1A
Page I of I
Munoz, Silvia
From: hennlng_t [TomHenning@colliergov.net]
Sent: Wednesday, January 30, 2008 4:56 PM
To: Steven J. Cox
Subject: RE: Olde Cypress - Logan Blvd Fence Issue (1/31 HOA Meellng)
I'm not sure if Stock Dev. has applied for a pennit, but I will research for tomorrow's meeting
From: Steven J, Cox [mallto:c:ox.steve@comcast.net]
Sent: Wednesday, January 30, 2008 3:51 PM
To: henning_t
Cc: k.coomer@angsfl.com; shouldsworth@stockdevelopment,com
Subject: Olde Cypress" Logan Blvd Fence Issue (1/31 HOA Meeting)
Importance: High
Mr. Henning,
As a resident of aide Cypress, I was looking forward to tomorrow's meeting (January 31), however, I will be
unable to attend. So, please respond to my questions below and address the following issue:
I hope you will take a few moments to address the Logan Blvd. bordered fence issue. It is my understanding
that any border fence along Old Cypress golf course property and Logan Blvd has been denied. Is this true?
If so, why? The property on the west side of Logan Blvd has a 6ft chain fence with a privacy hedge. At
(he very least, Old Cypress must have that same option along the golf course for security purposes. Please
note, Old Cypress is a gated community. Once the road is open, there will be very easy access to our
community without some kind of border.
I look forward to your response. Thank you.
Steve Cox
P .S. Sandy Houldsworth - Maybe you can also bring this issue up and get a response at the meeting.
Thanks in advance. .
2/6/2008
111
Page 1 of!
Munoz, Silvia
From: henning_t [TomHennlng@colliergov.net]
Sent: Wednesday, January 30, 20084:56 PM
To: Sleven J. Cox
SUbJect: RE: Oide Cypress - Logan Blvd Fence Issue (1/31 HOA Meeting)
I'm not sure if Stock Dev. has applied for a permit, bull will research for tomorrow's meeling
From: steven J, Cox [mallto:cox_steve@c:omcastnet]
Sent: Wednesday, January 30, 200B 3:51 PM
To: hennlll9.-t
Cc: k.coomer@cmgsfl.c:om; shouldsworth@stockdevelopment.com
SUbject: Olde Cypress - Logan Blvd Fence Issue (1/31 HOA Meeting)
Importance: High
Mr. Henning,
As a resident of Olde Cypress, I was looking forward to tomorrow's meeting (January 31), however, I will be
unable to attend. So, please respond to my questions below and address the following issue:
I hope you will take a few moments to address the Logan Blvd. bordered fence issue. it is my understanding
~ that any border fence along Old Cypress golf course property and Logan Blvd has been denied. Is this true?
If so, why? The property on the west side of Logan Blvd has a 6ft chain fence with a privacy hedge. At
the very least, Old Cypress must have that same option along the golf course for security purposes. Please
note, Old Cypress is a gated community, Once the road is open, there will be very easy access to our
community without some kind of border.
I look forward to your response. Thank you.
Steve Cox
P.S. Sandy Houidsworth - Maybe you can also bring this issue up and get a response at the meeting.
Thanks in advance. .
2/612008
'1A
Olde Cypress
Page 1 of!
Munoz, Silvia
From: Blaine Spivey [BSpivey@stockdevelopment.com]
Sent: Monday, November 19, 2007 10:17 AM
To: henning_t
Cc: Keith Gelder
Subject: RE: Olde Cypress
Thank you much. We are in contact with SFWM to get clarificafion on what we can and can not do.
From: hennlng_t [mallto:TomHenning@colllergov.netj
Sent: Saturday, November 17, 2007 11:55 AM
To: Blaine Spivey
SUbject: Olde Cypress
Mr. Spivey
Thank you for our conversation yesterday. I found the old original PUD called Woodlands and included the working PUD
ordinance 2000-37. On the Woodlands document you will find on page 6 the reference of nature trail with an asterisk or footnote
that states "subject to receipt of necessary environmental and other permits and approvals from governmental agencies".
In the 2000-37 ordinance In section 4 page two, you will see the nature trail sfill appear:s but the asterisk Is not. One can assume
the Water District did allow nature trials in the preserve. Also you will see the reference of a 3.9 acre park on the same page.
.'ou may want to review the District records. I hope this information is helpful for the turnover of the community to the Residents.
Tom Henning
<<Ordinance 86-75 woodlands.pdt>> <<Ordinance%202000-037.pdf>>
The infonmmon contained in this transmission may contain privileged end confidential infonnatKm.l1is intended only for the use of the pcrson(s) named above.1fyou lire not the
intended recipient, you are hereby notified thai any review, dissemination, distribution or duplication of this communication is strictly prohibitcd.lfyou arc not the intended
recipient. please eontact the sender by reply cmail and destroy .11 copies of the original mesngc.
2/6/2008
1A
Page I of1
Munoz, Silvia
From: hennlng_t [TomHennlng@colliergov.net]
Sent: Tuesday, November 13, 2007 6:55 AM
To: Steven Sacknoff
Subjeet: RE: Olde Cypress
Mr. Sacknoff
I don't believe preserve setback encroachments are limited to Olde Cypress. I hope this process of a mass variance will be a
painless experience for the Residents of Olde Cypress. Regardless I will be monitoring the process. Thank you for your kind
words. Tom Henning
From: steven Sacknoff [mallto:ssacknoff@comcast.net]
Sent: Thu 11/8/20077:10 PM
To: hennln9-t
SUbject: Olde Cypress
Dear Commissioner Henning:
I am writing to thank you for your help with the problem of some of our properties in Olde Cypress being in violation
of the proper setbacks.
My property is among them, encroaching 2.3 feet. I relied upon my builder (Empire Builders) to comply with county
regulations and was quite surprised to fmd that I was in violation five years after having moved in.
Diane Ebert, our homeowner's association president, informed me that you really spoke up on our behalf to help us
with this problem. I sincerely thank you for your help in finding an equitable resolution to our problem.
Best wishes,
Steven Sacknoff
7524 Treeline Drive
Naples, Florida 34119
2/6/2008
.1A
Page 1 of I
Munoz, Silvia
From: hennin9-t [TomHenning@colliergov.net]
Sent: Thursday, November 08, 2007 5:51 PM
To: jomarcfg@earthlink.net
Subject: RE: Olde Cypress Situation
Mr. Dinino
Diane Ebert never stated to me she speaks for Olde Cypress. The Commissioners at the last meeting made a choice to allow
Staff to create one variance for the properties with minor setbacks of structures or accessory uses. There are two properties that
must come to the Planning Commission and the County Commissioners. I believe the are other communities that have preserve
setback Issues, and we don't want to set precedents. Thanks for contacting me. Tom Henning
From: John Dinino [mailto:jomarcfg@earthlink.net]
Sent: Wed 11/7/20073:52 PM
To: hennlng_t
Subject: Olde Cypress Situation
Commissioner Henning,
Just a brief note to let you know that Diane Eberl does not represent the residents of Santorini in Olde Cypress, nor does she
necessarily share the same views.
Also, we would like you to know it is a general consensus that all eighteen homes subject to the variance relative to the preserve
encroachment should be treated equally.
Sincerely,
John Dinino, President
Santorini Homeowners Association
2/6/2008
1A
RE: public records request
Page I ofl
Munoz, Silvia
From: muddj [JamesMudd@colliergov.net]
Sent: Tuesday, November 20, 2007 4:41 PM
To: henning_t
Subject: RE: public records request
Commissioner,
There are two that I know of that can't be administratively fixed. The five that you mentioned over the phone might also be NOVs.
Working on your request.
VR, Jim Mudd
FTom: hennln9-1
Sent: Tuesday, November 20, 2007 3:33 PM
To: muddJ
SubJoct: public records request
I would like a copy of the NOVs Issued In Olde Cypress for setback from the Preserves. I am told there is two NOVs, but I'm not
positive. If possible please email the NOVs to me
2/6/2008
1A
FW: Records
Page I of!
Munoz, Silvia
From: henning_t [TomHennlng@colliergov.net]
Sent: Monday, October 22, 2007 8:38 AM
To: muddj
Subject: RE: Records
how odd that a resident of olde cypress was told in July that your staff was looking to do a mass variance to correct these
problem. interesting
From: mudd...i
sent: Fr11O{19{2007 7:18 PM
To: henninQ_t
Subject: FW: Records
Commissioner,
I called Joe Schmitt on the question that you and I had talked about The answer is below. One piece not there is that the
analysis by staff was in August and September. We will get copies for you on Monday because the records were picked back up
from storage at COB today.
VR, Jim Mudd
1'om: SchmittJoseph
Sent: Frlday, October 19, 2007 6:48 PM
To: muddJ
Subject: Records
Jim
You asked how staff evaiuated all the setback encroachments related to the Olde Cypress issue. We evaluated all the
information and data in the respective permit files. Unfortunately, due to the limited space in the records room the files were
returned to Ft, Meyers. We are call the records back and given that this is an open issue we will retain the files on site until the
issue Is resolved.
'jJJ<<
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
2/6/2008
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OMITTED
1A Page J 0[2
Cooper, Margaret L.
From: Tom Henning [henning.tom@gmall.com]
Sent: Monday, February 11,20087:26 AM
To: tuckersam
Subject: FW: History of single family residence exemption
Attachments: Ord 03-27.pdf; Ord 04-08.pdf
From: Clay C. Brooker [mallto:ccbrooker@napleslaw.com]
Sent: Monday, December 10, 2007 6:01 PM
To: 'Tom Henning'
Subject: RE: History of single family residence exemption
Commissioner,
Here's what I've found regarding the history of the exemption:
1. in 2003, the BCC adopted Ord. 03-27, a copy of the pertinent parts of which is attached. For the
first time, the 25-foot preserve setback appears in the "native preserve" section of the LDC (In
addition to the subdivision section). See section 3.9.5.5.6.5. The single family home exemption does
not yet exist (but see section 3.9.5.5.6.6).
2. In 2004, the BCC adopted Ord. 04-08, a copy of the pertinent parts of which is attached. This
ordinance completely reworked Division 3.9 of the LDC, which addresses "vegetation removal,
protection and preservation." The 25-foot preserve setback provision is moved to section 3.9.7.3.A
(Le., part of section 3.9.7). For the first time, the following two sentences appear:
a. "Single family residences are exempt from the requirements of Section 3.9.7." See section
3.9.4.1.B.
b. "Single family residences are subject only to the applicable vegetation retention standards found
in 3.9.4." See section 3.9.7A.A.
3. Later in 2004, the LDC was recodified entirely (to the UDC). The two sentences above appear
nearly identical in the recodifed UDC at sections 3.05.07.A.2 and 3.05.07.HA.a.
Since the exemption language first appeared through Ord. 04-08, the public hearings for that ordinance may shed
some light. Based on my research, Ord. 04-08 was adopted after the following public hearing schedule:
CCPC Oct 22, 2003 (primarily discussed Vand Bch Overlay)
CCPC Nov 12, 2003 (primarily discussed Rural Fringe and RLSA)
CCPC Nov 13, 2003 (discussion of Vand Bch Overlay, boat houses, coastal construction setback, etc.)
CCPC Nov 20, 2003 (continuation of rural fringe)
CCPC Nov 24,2003 (discussed VEGETATION REMOVAL.....)
CCPC Dec 4, 2003 (moratorium on bldg height)
BCC Dec 10, 2003 (discussed Vand Bch Overlay only)
BCC Jan 7, 2004 (continuation ofVand Bch Overlay and then other LDC amndmnts)
BCC Jan 29, 2004 (brief mention of the "vegetation" section -- no relevant discussion on
exemption language)
BCC Feb 11,2004 (coastal construction, rural fringe, etc.)
2/1112008
~A Page 2 of2
Clay Brooker
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
Telephone: (239) 261-9300
Facsimile: (239) 643-3558
This e-mail, along with any files transmitted with it, is for the sole use of fhe intended recipient(s) and may contain
information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to
believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at
239/261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention,
disclosure, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any
views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the
law firm.
From: Tom Henning [mailto:henning.tom@gmail.com]
Sent: Saturday, December 08, 2007 4:56 PM
To: Clay C. Brooker
Subject:
I want to continue the report on Olde Cypress to next year. Monday I have meeting ail day. Cail me this weekend
or lunch on monday
NOT PRINTED OR MAILED AT GOVERNMENT EXPENSE
POLITICAL ADVERTISEMENT, PAID FOR AND APPROVED BY TOM HENNING
REPUBLICAN FOR COUNTY COMMISSIONER, DISTRICT 3
2/11/2008
1A
~-1Z'''e:
;,'ifl . .....
'I ['A." ~
1II I ..
ORDINANCE NO. 03-22 ~ _ I
~ ""If.
AN ORDINANCE OF TIlE BOARD OF COUNTY COMMISSIONE ~.I)i
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
91-102, AS AMENDED, TUE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR, SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
ARTICLE I, DIVISION 1.8, NONCONFORMITIES; DIVISION 1.18,
LAWS INCORPORATED BY REFERENCE; ARTICLE 2, DIVISION 2.2.
ZONING DlSTRIcrS, PERMIITED USES, CONDITIONAL USES,
INCLUDING REVISIONS TO THE RURAL AGRICULTURAL, ESTATES
AND RESIDENTIAL ZONING DISTRICTS LIST OF PERMllTED AND
CONDITIONAL USES, INCLUDING REVISIONS TO THE SANTA
BARBARA OVERLAY DISTRICT RELATED TO SIDEWALKS,
INCLUDING REVISIONS AND ADDITIONS TO THE BAYSHORE
MIXED USE OVERLAY DISTRICT, INCLUDING CREATION OF A
STEWARDSHIP OVERLAY DISTRICT AND DESIGNATION
PROCEDURES FOR STEWARDSllIP SENDING AND RECEIVING
AREAS; DIVISION 2.3, OFF-STREET PARKING AND LOADING;
DIVISION 2.4, LANDSCAPING AND BUFFERING; DIVISION 2.5,
SIGNS, TO REVISE PROVISIONS RELATED TO ILLUMINATED
SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS;
DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES;
ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE
DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.9,
VEGETATION REMOVAL, PROTECTION AND PRESERVATION;
DIVISION 3.14, VElIICLE ON TilE BEACH REGULATIONS; ARTICLE
5, DIVISION 5.4, BUILDING BOARD OF ADJUSTMENTS & APPEALS:
AND ARTICLE 6, DIVISION 6.3, DEFINITIONS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year unless
\
additional amendment cycles are approved by the Collier County Board of County Commissioners
pursuant to Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2003;
;;.'0.::' ~
md ~Vl g
r-.' w.....
WHEREAS, on March 18, 1997. the Board of County Commissioners adopteii!Res~tioim!7-177
;:';.-". ;:,:; .--
establishing local requirements and procedures for amending the LDC; and i-'~ ~.: 0'1 ;--
~-'
:.,:,:. ~ m
WHEREAS, all requirements of Resolution 97-177 have been met; and r---
o~ (..,) 0
VlHEREAS, the Board of County Commissioners, in a manner prescribed by l~~id -held advertised
"."., <n
public hearings on May 21, 2003, and June 16, 2003~ and did take action concerning these amendments
to the LDC; and
14
Figure 3.5.11.3.2
" ....
l'o..__...... \
I
I
-----.....
exlltlnglakl
____lakIClddttllln
For am&"dm~nts that modify the exlstln5l1~& llI"lCI
byo.ddlnganaddttlon,anlythr.new portlGftofthclako
sholl be UllIId 'to c:akulatc the l.SPA _a Ullng the
pCN:f1ntczglr.qllll'lllllnttlof:UUl.1.1.
....,
-
,..
-, /
.... /
---
I
I
\
Cl(bltln9shorc:llnc
_ _ _ - I'IIdlflcd Jokl.horellnc
filiI' amcndment_ that J'IIDdlfy the exlstlnll.horchnc
by grcGtcrthlln ZOperccnt.tnatotGlloklat'lIC1
sholl be used to calculotc the L.SPA GNa using the
plrcent1lger-r.qur~mlntsllf3.5,1l.t.l,
See. 3.5.H 11. Appeals,
.
.
.
.
.
.
.
See. 3.S.~ 13. Penalties nnd enforcement.
.
.
.
.
.
.
.
See. 3.5.U 14, Severability.
.
.
.
.
.
.
.
See. 3.5.!4 1.5. Compliance with stale and federal permils.
,
SUBSECTION 3.L. AMENDMENTS TO DIVISION 3.9" VEGETATION REMOVAL,
PROTECTION AND PRESERVATION
Division 3.9., Vegetation Removal, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION
Sec. 3.!1.5. Vegetation removal, protection Rnd presen'ation standards.
.
.
.
.
.
.
.
3.9.5.5.6 Native Preserve criteria
poge 60 of70
Words 5U'\fek 1RFellgh are dcleled, words underlined are added
1A
1. IdentificatIon. Native vegetation toat is recmired to be nreserved DUraUa"t to 3 9.5.5 shall he set-aside
in a Preserve. Areas set aside as nresenres shall be labeled as "Preserve" on all site ohms
2. Minimum dimensions The minimum width of the oreserve shall be'
a. tweotv feet for DTODertv less than ten acres
b. an aver82C ofthirtv feet in width but on! less than twentv feet in width fOT oronertv ceTual to ten acres
and less: than twentv Bcres.
c. an average of fiftv feet in width but not less than tweotv feet for oronertv oftwentv acres and lITeater
3. Created Preserves Where created oreserves are aDoroved the landscBoe Dlan shall fe-create a native
plant cnmmunitv in accordance with the vegetation sizes and standards set forth in 3 9 5.5. The soad",!' of
the nlants shall be as follows' twentv to thtrtv fnnt nn center for trees with a small caannv (less than 30 ft
mature soread) and forty font on center for trees with 8 lafl!B canaDY (I!reater than 30 ft mature soread) five.
foot on center for shrubs and three foot on center ror D:Tound covers Plant material shall he "Ianred in a
manner that mimics a natural olent community Rnd shall not be maintained RI: hmdsmmimr Minimum sizes
for ohmt material may be reduced for scrub 8.l1d other xeric habitats where smaller size nlanLs material are
better suited for re-establishment orthe native olant communitv
B. Aooroved created oreSeTVes identified in 3.95 5 as mitil!ated native oreservation may be used to
recreate:
i. not more than one acre of the reouired "reserves if the DTOeertv has less than twenty acres of existing
native velletation
ii. nht more than two acres oethe reauired "reserves if the orooertv has eoual to or l!reater than twenty
Bcres and less than eiahtv Bcres ofexistinl! native vetzetation
iii. not more than 10% of the required DTeserves if the OrQDertv has eaual to or ~reater than eilIhtv acres
of existintt native veaetation.
b, The minimum dimensions shall Boolv as set forth in 3 9 5.5.6 2
c. All nerimeter Ill.ndscaoing areas that are reauested to he approved to fulfill the native vet:etation preserve
requirements shall be labeled as Dreserves and shall comolv with all oreGerve setbacks
d. Created Dreserve exceutions mav be 2nmted'
i. when a State or Federal oermit reauires creation or native habitat on site The created preserve
acrea2e mav fulfill all or Dart arthe native veaetBtion reauirement when oreserves are olanted with
all three strata' using: the criteria set forth in Created Preserves. This excention may be rlran1ed
reg:ardless or the size or the orniect.
it when small isolated areas (ofless than 1..4 acre in size) of native veeetation exist on site In cases
where retention nfnative veaetation results in small isolated areas oflh acre or less oreserves may
be planted with all three !;trata' usimr the criteria set forth in Created Preserves and shall be created
adiacent existim! native vel!etation areas on :!lite or oonti~uous to preserves on adjacent nronerties
This exceotion may be llranted reeardless orthe size of the oroiect.
iii. When an secas!; noint to a nraieet cannot be relocated To comelv with oblieatarv health snd safety
mandates such as road alirmments reouired bv the State Dreserves may be impacted and created
elsewhere on site.
4. Real/ired Setbacks to Preserves. All Dr;ncival structures shall have a minimum 25~foot setback from the
boundarY of anY Dreserve. AccessorV structures Bnd all other site alterations shall have a minimum 1 0- foo~
setback from the boundarv of anY meserve. There shall be no site alterations within the first 10 feet adiacent
to any preserve unless it can be demonstrated that it will not adverselv imDact the intel!ritv of that Dreserve.
(La. Fill mav be aooroved to be nlaced within 10 feet oftha upland Dreserve but maY not be aooTOved to be
olaced within 10 feet of a wetland "reserve unless it can be demonstrated that it will not nellativelv imoBct
that wetland)
S. Invasive Exotic Ver!etation Removal and Maintenance Plans. Exotic vel!etation removal and maintenance
alan.!! shall reauire that cate~01Y I exotics be removed from all Dreserves All exotics within the first 75 feet
ofthe nuter edQ'e of everv oreserve shall be ohv!;ical1v removed or the tree cut down to l!rade and the !;tumD
treated with Ii V.S Environmental Protection Allencv aooroved herbicide and a visual trace dye applied
Exotics within the interior of the oreserve mav be auoroved to be treated in elace if it is determined that
physical removal mieht cause more damal!c to the native vC2etation in the oreserve. When orohibited exotic
velletation is removed but the base of the veeetation remains the base shall be treated with an US.
Environmental Protection Aeency apDraved herbicide and a visual tracer dve shall be BDplied. Exotics
within the interior of the Dreserve mav be aDoroved to be treated in place if it is determined that ohvsical
removal mil!ht cause more damaee to the native veeetation in the nreserve. When Drohibited.exotic
veaetation is removed but the base of the velletation remains the base shall be treated with an U.S.
Environmental Protection Al!enev aonroved herbicide and a visual tracer dye shall be aaoJied. A
Page 61 oflO
Words !ilroeli 1I1TSHgh arc deleled, words underlined are added
1A
maintenance nlan shall be implemented on It vearly basis at a minimum or more freauentlv when reauired to
effectivelv control exotics and shall deacribe soecific technicmes to Dreven! reinvasion bv orohibited exotic
veaetation of the site in nernetuitv The ohm shall be aDnroved "rior to the issuance of any final local
develoDment order
6 Memo/ions. AODlications for develooment orders 8uthorizint~ site imorovements i e an SDP or FSP and
on a case hv case basis a PSP that are submitted and deemed sufficient odor to June 16 2003 Bre not
reauired tn comelv with the new relZulBtions in section 3.9 5 5 6 adoDted on June 16 2003
SUBSECTION 3.M.
AMENDMENTS TO DIVISION 3.14. , PENALITIES
Division 3.14., Penalties. or Ordinance 91-102, as amended. the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.14. PENALTIES
.
.
.
.
.
.
.
Sec. 3.14.3. Exceptions; permit.
AU permits to aHow operation of vehicles on county beaches shall expire on April 3D, of each year, to
coincide with the beginning of sea turtle nesting season. During sea turtle nesting season, May 1 through
October 31. of each year, all permits s~all be subject to section 3. 14.&~. of this division.
3.14.3.1. Sheriff. city. state and federal police, emenzencv services and game BftB. fish. eammissieft 1M
Florida Fish and Wildlife Conservation CommiJH:ion vehicles operated or authorized by officers of these
departments operating under orders in the normal course of their duties shan be eKempt from the provisions
cfthis division.
3.14.3.2. Vehicles which must travel on the beaches in connection with environmental maintenance.
conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16,
providing that the vehicle{s) associated with the permitted uses of Collier County Ordinance No. 89~16
remain stationary, except to access and egress the beach, shall be exempt from the provisions of this division
if a permit has been obtained from the site e1evelel'fficAt re\'ie'Il' Environmental Services Deoartment director
or his designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with
the vehicle and available for inspection, The procedure for obtaining such a permit shalt be by application to
the site de /eJ8~Rleftt revie'!,,, Environmenta.l Services DcoBrtment director in writing stating the reason or
reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an
environmental maintenance, conservation, environmental purpose andlor for purposes allowed by Collier
County Ordinance No. 89~16, taking into consideration the vehicular use restriction previously stated as a
criterion for an exception, and permit for such vehicle or vehicles shall be issued by the -site ae\'elapmeFlt
FeYiew-Environmental Services DeDartment director if the site Eta. elepmeRt-feYiew-Environmental Services
Deoartment director is satisfied that a lawful and proper environmental maintenance, conservation,
environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89~
] 6 will be sc,rved thereby.
3.14.3.3. Baby buggies (perambulators), toy vehioles, toy wagons, wheelchairs or similar devices to aid
disabled or non=ambulalory persons shall be exempt from the provisions of this division.
3.14.3.4. Vehic1e~on-the-be.ach permits issued in conjunction with special or annual beach eventsa-l11
coniunction with Dermanent concession (acilities or (or Gther rOlltlne functions associated with permitted
lIses o( commercial hotel Dl'O'Dertv. Vehicles which are used in conjunction with functions on the beach, ItS
f1ermitteel hr 8R &.p~re\eel sJ1esisl e.-ent teFftl3eraF'J' \:ISB permit, er ann1:lal Bassil eveHts permit, are exempt
from the provisions of this division if a vebicle~on the~beach permit has been granted by the ~
seffi.ees Environmental Services director or his designee. All permits issued are subject to the following
conditions and limitations:
.
.
.
.
.
.
3.14.3.4.5. Permits shall only be issued for ATVs when Environmental Services Denartment staff has
determined that: 1) evidence has been Drovided that there 1s a need to move enuioment which due to the
Page 62 of70
Words 6!l1l.!ih lhraligk are deleted, words underlined arc added
1A
APPENDIX TO GRIDER APPEAL
OFFICIAL INTERPRET A TION
NO.2008-AR-12880
VOLUME 3
LEGISLA TIVE HISTORY
1A
VOLUME III
(Legislative History)
Tab Document
Date
23. LDC Art. 2 (1991) Zoning, Sec. 2.2.20 (PUD)
24. LDC Div. 3.2 (1991) Subdivisions
25. LDC Div. 3.9 (1991) Sec. 3.9.5 Preservation Standards
26. (a)
Ordinance No. 03-27 (Vegetation Removal,
Protection and Preservation)
(b) Ordinance No. 03-27 Legislative Summary Sheet
(EAC, CCPC, BCC)
(c) Ordinance No. 03-27 Barbara Burgess Report
(d) Ordinance 03-27 CCPC Minutes 4/9/03 and 5/14/03
(e) Ordinance No. 03-27 BCC Agenda and Executive 6/16/03
Summary
27. (a) Ordinance No. 04-08 (Vegetation Removal,
Protection and Preservation) (Staff Copy)
(b) Ordinance No. 04-08 (Official Copy)
(c) Legislative Summary Sheet (EAC, CCPC, BCC)
(d) CCPC Minutes (missing)
(e) Executive Summary 2/14/04
(f) Authors and Index to LDC sections covered
(g) BCC Executive Summary
(h) BCe Agenda 2/11/04
(i) Transcript
G) Table of Contents
Tab Document
(k) Tab L (Vegetation Removal)
28. LDC Amendment - History from hard copy ofLDC
29. Ordinance No. 04-41 (LDC 3.05.07)
30. LDC Chapter 10 (2004) (10.02.04 B Final Plat
Requirements - Protected AreaslPreserves)
'lA
Date
S 2.2.19.4.3
2.2.19.4.3.
2.2.19.4.4.
2.2.19.4.5.
2.2.19.4.6.
2.2.19.4.7,
2.2.19.4.8.
2.2.19.4.9.
2.2.19.4.10.
~A
COLLIER COUNTY LAND DEVELOPMENT CODE
Minimum yard requirements.
1. Front yard. 25 feet.
2. Side yards. 15 feet.
3. Rear yard. 15 feet.
4. Any yard abutting a residential parcel. 25 feet.
Minimum distance between structures. 25 feet, or one-half the sum of the
building heights, whichever is greater.
Maximum height of structures. 30 feet, except for antennas and towers which
is 40 feet.
Minimum floor area of principal structure. 1,000 square feet for each building
on the ground floor.
Maximum lot coverage. (Reserved.)
Floor area ratio. (Reserved.)
Minimum off-street parking and off-street loading. As required in division 2.3.
Landscaping. As required in division 2.4.
Lighting. The maximum height oflights shall be 25 feet. Lights shall be located
so that no light is aimed directly toward a property designated residential ifit
is located within 200 feet of the source of the light.
2.2.19.5. Signs. M required in division 2.5.
(Ord. No. 92-73, ~ 2; Ord. No. 97-26, ~ 3.B, 6-4-97; Ord. No. 98-63, S 3.A, 6-24-98)
2.2.19.4.11.
Sec. 2.2.20.
2.2.20.1
Supp. No.9
V-
Planned unit development district (PUD).
Purpose and intent. The purpose and intent of establishing the planned unit
development district (PUD) is to provide procedures and standards to encour-
age mixed use planned developments that may he instituted at appropriate
locations, or planned developments that mayor may not be mixed use in the
urban fringe areas, all in accordance with the planning and development
ohjectives of the county under the code and the growth management plan. It is
further the purpose and intent of these PUD regulations to encourage
ingenuity, innovation and imagination in the planning, design, and develop-
ment or redevelopment of relatively large tracts of land under unified owner-
ship or control. PUDs produced in compliance with the terms and provisions of
this code and the growth management plan may depart from the strict
application of setback, height, and minimum lot requirements of conventional
zoning districts while maintaining minimum standards by which flexibility
may be accomplished, and while protecting the public interest, so that:
1. A more creative approach may be taken to the development of contiguous
tracts ofland and to encourage development of infill parcels of contiguous tracts of land in certain circumstances. (
LDC2:70
3.9.5.3.1.
3.9.5.3.2.
3.9.5.3.3.
3.9.5.3.4.
3.9.5.3.5.
3.9.5.4.
3.9.5.5.
3.9.5.5.1.
3.9.5.5.2.
3.9.5.5.3.
Supp. No. 11
'lA
DEVELOPMENT REQUIREMENTS
3.9.5.5.3
Whether or not the existing vegetation is to be preserved in the existing species
composition.
If applicable, the manner in which the composition of existing plant material
is to be preserved (hand removal of invasive species, prescrihed burning, etc.).
The maintenance schedule for the removal of invasive species.
The maintenance schedule for the removal of debris.
Other information that may be required by the development services director
that is reasonable and necessary to determine if the management plan meets
the requirements of this Code.
On-site inspection. The development services director's field representative
may conduct an on-site inspection to determine if the proposed vegetation
removal meets the criteria in section 3.9.5.2 and conforms to the preservation
standards in section 3.9.5.5 below.
Preseroation standards.
All development not specifically exempted hy this ordinance shall incorporate
at a minimum the preservation standards contained within this section.
All new developments shall retain existing native vegetation to the maximum
extent possible; especially where said native vegetation exists within required
buffer areas. When protected species are identified on site, priority shall be
given to preserving these habitats first, as a part of the retained native
vegetation requirement (see section 3.11.3 for the management of these areas).
Where the required minimum retained vegetation percentage has been met
pursuant to section 3.9.5.5.3 and 3.9.5.5.4 additional native vegetation shall be
retained unless necessary grade changes, required infrastructure, stormwater
management system design or approved construction footprints necessitate its
removal. The need to remove additional existing native trees shall be demon-
strated by the applicant as part of the vegetation removal review process.
When required to be removed, existing viable native trees shall be trans-
planted into site landscaping unless the applicant can demonstrate that
transplanting is not feasible or appropriate. Retained areas of vegetation shall
be preserved in their entirety with all trees, understory, and ground covers left
intact and undisturbed, except for prohibited exotic species removal, enhance-
ment with native plant material and pruning and maintenance.
All new residential or mixed use developments greater than two'!. acres in the
coastal management area as defined in the 1989 edition ofthe future land use
element of the county growth.management plan and greater than 20 acres in
the coastal urban designated area as defined in the general plan requirements
section (6.4.6) of the Adoption Notebook of the 1989 edition of the future land
use element of the county growth management plan shall retain 25 percent of
LDC3:131
3.9.5.5.3
3.9.5.5.4.
Supp. No. 11
t"JA
COLLIER COUNTY LAND DEVELOPMENT CODE
the viable naturally functioning native vegetation on-site including both the
understory and the ground cover emphasizing the largest contiguous area
possible. When protected species are identified on site, priority shall be given
to preserving these habitats first, as a part of the retained native vegetation
requirement (see section 3.11.3 for the management of these areas). When
several different native plant communities exist on-site, the development
plans will reasonably attempt to preserve examples of all of them, if possible.
Areas of landscaping and open space which are planted with native species
shall be included in the 25 percent requirement considering canopy understory
and ground cover, providing that in such areas of credit, ground cover
constitutes no more than 20 percent of the landscaped area. Where a project
has included open space, recreational amenities or preserved wetlands that
meet or exceed the minimum open space criteria of Collier County, this policy
shaII not be construed to require a larger percentage of open space set aside to
meet the 25 percent native vegetation policy. This policy shall not be inter-
preted to allow development in wetlands, should the wetlands alone constitute
more than 25 percent of the site. Exceptions, hy means of mitigation in the
form of increased landscape requirements, shall be granted for parcels, which
cannot reasonably accommodate both the preservation area and the proposed
activity. Where native preservation requirements are not accommodated, the
landscape plan shall re-create a native plant community in all three strata
(ground cover, shrubs and trees), utilizing larger plant materials so as to more
quickly re-create the lost mature vegetation. Such re-vegetation shall apply
the standards of section 2.4.4. of this Code, and include a quantity of plantings
matching the amount of required preserved native vegetation that was
removed. The following minimum sizes shall apply: One gallon ground cover;
five gallon shrubs; 14 foot high trees with a seven foot crown spread and a dhh
(diameter at breast height) of three inches. Previously cleared parcels, void of
native vegetation, shall be exempt from this requirement.
(
All other types of new development not referenced in section 3.9.5.5.3 above,
including but not limited to 1) residential or mixed use developments under the
thresholds set forth in section 3.9.5.5.3; 2) commercial development; and 3)
industrial development shall be required to preserve an appropriate portion of
the native vegetation on the site as determined through the county develop-
ment review process. When protected species are identified on site, priority
shall be given to preserving these habitats first, as a part of the retained native
vegetation requirement (see section 3.11.3 for the management of these areas).
For new development under five acres, a minimum often percent of the native
vegetation on-site (by area), shall he retained, including the understory and
ground cover. For new development five acres or greater, a minimum of 15
percent of the native vegetation on-site (by area), shall be retained, including
the understory and ground cover. Preservation of different contiguous habitats
LDC3:132
2.2.20.3.6.
2.2.20.3.7.
Supp. No. 11
f')A
ZONING
2.2.20.3.7
of the gross area shall be devoted to usable open space. Usable open space shall
include active and passive recreation areas such as playgrounds, golf courses,
lakes, both natural and manmade, beach frontage, waterways, lagoons,
floodplains, nature trails, and similar open spaces. Open water areas beyond
the perimeter of the site, internal street rights-of-way, driveways, off-street
parking areas, and off-street loading areas shall not be counted in determining
usable open space.
Dedication of usable open space: An appropriate percentage ofthe gross project
area shall be required to be dedicated to public use as usable open space for all
development after a determination by the board of county commissioners that
a public need exists for such public facilities and that the amount of area
dedicated is directly related to the impacts or needs created by the proposed
development.
Dedication of the public facilities and development of prescribed amenities.
Puhlic Facility Dedication. The board of county commissioners may, as a
condition of approval and adoption of the PUD rezoning and in accordance with
the approved master plan of development, require that suitable areas for
'streets, public rights-of-way, schools, parks, and other public facilities be set
aside, improved, and/or dedicated for public use. Where impact fees are levied
for certain public facilities, the market value of the land set aside for the public
purpose shall be credited towards impact fees. Said credit shall he based on a
negotiated amount no greater than the market value of the set aside land prior
to the rezoning action, as determined by an accredited appraiser from a list
approved by Collier County. Said appraisal shall be submitted to the county
attorney's office and the real property office within 90 days of the date of
approval of the rezone, or as otherwise extended in writing by Collier County,
so as to establish the amount of any impact fee credits resulting from said
dedication. Failure to provide said appraisal within this time frame shall
authorize the county to determine the market value of the property. Impact fee
credits shall only be effective after recordation ofthe document conveying the
dedicated property to Collier County. Where the term Collier County is used in
this section, it shall be construed to include the Collier County Water and
Sewer District or other agency or dependent district of Collier County
Government.
Land set aside and/or to be improved as co=itted in the PUD document, or
master plan, as the case may be, shall be deeded or dedicated to Collier County
within 90 days of receipt of notification by the county that the property is
needed for certain pending public improvements or as otherwise approved by
the board of county commissioners during the PUD rezoning approval process.
In any case, however, the county shall take title to the set aside property, at the
latest, by a date certain established during, and conditioned on, the approval
of the PUD zoning. The land set aside and/or to be improved shall be made free
LDC2:77
2.2.20.2.6.
2.2.20.3.
2.2.20.3.1.
f"JA
ZONING
2.2.20.3.1
residents of adjoining districts from similar possible influences from within the
PUD district. In all cases, screening shall, at a minimum, be designed to
protect existing or potential first-floor residential occupant window levels.
Off-street parking areas for five or more cars, service areas for loading or
unloading vehicles other than passengers, and areas for storage and collection
of trash and garbage shall be so screened.
Development planning-Internal relationships. The development plan for a
PUD district shall provide for safe, efficient, convenient, and harmonious
grouping of structures, uses and facilities, and for appropriate relation of space
inside and outside buildings to intended uses and structural features.
Development standards. In addition to all general provisions and procedures
established in section 2.2.20.2, the following specific requirements, limitations
and standards shall apply to all PUD districts except that section 2.2.20.3.1
shall not apply when there is no residential component within the PUD and
section 2.2.20.3.13 shall not apply when there is no industrial component in
the PUD.
Maximum intensities and residential densities.
1. Maximum residential density permissible for the overall PUD shall be
guided, in part, by the density rating system contained in the future land
use element of the growth management plan. The overall m.Yimum
residential density permissible or permitted in a PUD shall be calculated
by dividing the total number of dwelling units by the total of gross
acreage of the proposed PUD excluding the acreage of the areas desig-
nated for commercial, industrial, or other land use having an established
equivalent residential density in this Land Development Code. The
maximum density permissible or permitted in a PUD shall not exceed the
density permissible under the density rating system, or applicable
policies contained in the futUre land use element. Land use intensities for
nonresidential uses shall be governed by provisions of the most similar
use district or as otherwise provided in these regulations.
2. Maximum density. The maximum residential density permissible shall be
guided, in part, by the density rating system contained in the future land
use element of the growth management plan. The maximum density
permissible or permitted shall not exceed the density permissible under
the density rating system, except as permitted by policies contained in
the future land use element.
3. The board of county commissioners may lessen density or intensity of
development when it has been determined that development to the
maximum density or intensity permissible in section 2.2.20.3.1.1 would:
a. Create inconvenient or unsafe access to the PUD; or
Supp. No. 11 LDC2:73
2.2.20.2.
2.2.20.2.1.
2.2.20.2.2.
2.2.20.2.3.
Supp. No.9
1A
ZONING
~ 2.2.20.2.3
2.' A more desirable environment may be accomplished than would be
possible through strict application of the minimum requirements of this
zoning code.
3. Land may be used more efficiently, resulting in smaller networks of
utilities and streets with consequent lower construction and future
maintenance costs.
4. The impact of a particular PUD on the present and projected population,
economy, land use pattern, tax base, street system, and public facility
network(s) of the county may be carefully evaluated relative to the
various costs and benefits that may be associated with such development.
5. The development employs techniques featuring amenities and excellence
in the form of variations in siting, mixed land uses and/or varied dwelling
types, as well as adaptation to and conservation-of the topography and
other natural characteristics of the land involved. Exceptions to varia-
tions in siting, mixed land uses and/or varied dwelling types may be
granted on PUD in1i1l development.
The maximum density permissible in the PUD district and the urban mixed
use land use designation shall be guided, in part, by the density rating system
contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a PUD
a district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use
element. Anything to the contrary notwithstanding, all PUD development
shall be consistent with the Collier County growth management plan.
General.
Relation of planned unit development regulations to the growth management
plan, zoning, subdivision, or other applicable regulations. All applications for
PUDs shall be in full compliance with the future land use element and the
goals, objectives, and policies of all elements of the growth management plan.
All development regulations and other applicable provisions of all county
ordinances such as, but not limited to, all provisions of the Collier County land
development code, as may be amended, shall apply unless specifically modified
by the approved PUD document and PUD master plan.
Establishment of planned unit development districts. PUD districts shall
hereafter be established by amendment of the official zoning atlas according to
the procedures established in division 2.7 and requirements established
herein.
\...--'
Unified control. All land included for purpose of development within the PUD
district shall be owned or under the control of the applicant for such zoning
designation, whether that applicant be an individual, partnership or corpora-
LDC2:71
~ 3.2.8.2.10.4
1A
COLLIER COUNTY LAND DEVELOPMENT CODE
(
~
3.2.8.2.10.4. Required installation of subsurface construction such as water lines, sewer
lines, public utilities and storm drainage prior to compaction of subgrade and
roadway construction,
3.2.8.2.11.
3.2.8.2.12.
3,2.8.2.13.
3.2.8.2.14.
3.2.8.2.15.
3.2.8.2.16.
~
3.2.8.2.17.
3.2.8.3.
3.2.8.3.1.
~
Supp. No.5
Detailed written technical specifications for all improvements required shall
be submitted in a separate bound document, signed, and sealed by applicant's
professional engineer,
All development orders, development permits and construction permits (i.e.,
development orders or permits issued by local, state or federal agencies) which
require approval or signature by a county official, with the appropriate number
of copies, shall be submitted with the improvement plans.
Detailed hydrllulic design calculations utilized to design the water and sewer
facilities regulated by the county and water management facilities for the
subdivision or development.
The final suhdivision plat, prepared in conformance with the approved
preliminary subdivision plat and the final subdivision plat requirements
contained in section 3.2.9, pursuant to the provisions of section 3.2,6.3.2.
Status of all other required permits including copies of information and data
submitted to the appropriate permitting agencies.
Factual information and data relating to previous zoning actions affecting the
project site.
A soil erosion and sediment control plan pursuant to division 3.7.
Required improvements. The following improvements in this section 3.2_8.3 are
required in conjunction with the subdivision and development of any and all
property pursuant to division 3.3 within the unincorporated areas of Collier
County. The required improvements shall be completed prior to recordation of
the final subdivision plat unless the applicant shall file with the county a
subdivision performance security in one of the forms prescribed in this division
to assure the installation of the required improvements. Any required improve.]
[ ments shall be designed and constructed in accordance with the design
requirements and specifications of the entity having responsibility for ap-
proval, including all federal,. state, and local agencies. Where approval of a
final subdivision plat and improvement plans will lead to the level of service
for any public facility being reduced below the level established by the growth
management plan for Collier County, the county shall deny approval to proceed
with development until the requirements of the Collier County Adequate.
Public Facilities Ordinance [Code ch. 106, art. III] or its successor in function
are met.
Access to public roads. The street system of a subdivision approved pursuant
to this division shall be connected to a public road, which is state or county
maintained, with adequate capacity as defined by the growth management
plan to accept the traffic volumes generated by the proposed development.
Unless topography, or compliance with the County's Access Management
Policy (Resolution 92-422), or LDC Section 3.2.8.4.1 prohibits it, the number of
access points to puhlic roads shall ensure that there are no more than 4,000
average daily trips (ADT) per access point (existing or future). The total
(
LDC3:32
,)
3.2.8.3.2.
3.2.8.3.3.
3.2.8.3.4.
J
3.2.8.3.5.
..,J
Supp. No. 11
lA
DEVELOPMENT REQUIREMENTS
3.2.8.3.5
number of access points required by this section shall be six. Proposed
developments accessing public roads shall be subject to the requirements of the
Collier County Adequate Public Facilities Ordinance. The connection of any
property to a public or private road shall be carried out in conformance with
Collier County Ordinance No. 82-91, as amended.
Alleys. Alleys may he provided in industrial, commercial and residential
subdivisions. Alleys may be for one-way or two-way traffic. Alleys for one-way
traffic only shall have the appropriate directional and instruction signage
installed. Alleys shall be utilized for secondary access.
Bridges and culverts. Where a subdivision or development includes or requires
access across canals, watercourses, lakes, streams, waterways, channels, or
the like, bridges or culverts shall be provided to implement the proposed street
system. The bridge or culvert design shall be prepared by a professional
engineer.
Buffer areas. Subdivisions or developments shall be buffered for the protection
of property owners from surrounding land uses as required pursuant to
division 2.4. Buffers shall not inhibit pedestrian circulation between adjacent
commercial land uses. Buffers shall be installed during construction as follows
and in accordance with division 2.4:
(a) 'Ib separate residential developments from commercial, community use,
industrial and public use developments and adjacent expressways, arte-
rials and railroad rights-of-way, except where such expressway, arterial,
or railroad right-of-way abuts a golf course.
(b) 'Ib separate commercial, community use,' industrial and public use
developments from residential developments.
(c) 'Ib separate subdivisions of residential property that do not result in the
submittal of a site development plan pursuant to the provisions of
division 3.3 from other residential properties.
Separation shall be created with a landscape buffer strip whi d .
constructed in compliance with the provisions of division 2.4 Buffers adjacent
o protectedip";eserve areas shan conform to th;;equirements established by
the agency requiring such buffer.
Canals. Any canal which forms a part of the public water management system
shall be dedicated for care and maintenance per the requirements of the
governmental agency which has jurisdiction. Canals located entirely within
the subdivision and which do not form a part of the public water management
system shall be dedicated to the public, without the responsibility for mainte-
nance, as a drainage easement. A maintenance easement, of a size acceptable
to the development services director or other governmental agency with
LDC3;32.1
..
3.2.8.3.8.
3.2.8.3.9.
3.2.8.3.10.
..
3.2.8.3.11.
3.2.8.3.12.
3.2.8.3.13.
~
"A
DE LO MENT REQUIREMENTS
!i 3.2.8.3.13
structures and ther appurtenances shall be required in all subdivisions or
developments r t management of surface water and groundwater. The
water manage em shall provide for stormwaters affecting the subdi.
vision or development and shall be in compliance with applicable federal, state
and local design regulations and specifications,
Easements, If applicable, easements shall be provided along lot lines or along
the alignment of the improvements requiring easements in accordance with all
design requirements so as to provide for proper access to, and construction and
maintenance of, the improvements_ All such easements shall be properly iden-
tified on the preliminary subdivision plat and dedicated on the fmal subdivi.
sion plat.
Elevation, land filling, excavation and demolition. The elevation of all building
sites and public or private roadways included within a subdivision or devel.
opment for which a use other than conservation or recreation is proposed shall
he not less than 5'/. feet NGVD when completed, or to such minimum eleva-
tions above the established NGVD datum as adopted by the board of county
commissioners, FEMA/FIRM, or South Florida Water Management District
criteria. All lawful regulations with reference to bulkhead lines, salt[water]
barrier lines, and other appropriate regulations regarding land filling, conser-
vation, excavatioDB, demolition, and related regulations shall be observed during
the construction of any improvements within Collier County,
Fire hydrants. Fire hydrants shall be provided at no cost to the county in all
subdivisions and developments. In all cases, fire hydrants shall be provided
and spaced in the manner prescribed by the design requirements of this divi-
sion.
Monuments and control points. Permanent monuments and control points shall
be set as prescribed by F.S. ch. 177, as amended. Details pertaining to their
type and location shall be in full compliance with the provisions set forth by
these regulations and those prescribed by F.S, ch. 177, as amended.
Parks, protected areas, preseroation areas, conseroation areas, recreational areas,
and school sites.
1. Parks, protected areas, preservation areas, conservation areas. Parks, pro-
tected areas, preservation areas and conservation areas shall be dedi-
cated and/or conveyed in accordance with applicable mandatory dedica-
tion requirements and regulations of federal, state and local agencies.
2. Recreational areas. Recreational areas shall be dedicated and/or conveyed
in accordance with applicable mandatory dedication and/or conveyance
requirements and regulations of federal, state and local agencies.
3. School sites. School sites shall be dedicated and/or conveyed in accordance
with applicable mandatory dedication and/or conveyance requirements
and regulations of federal, state and local agencies.
Plantings, trees, and grass. All rights-of-way and easements for streets, ave-
nues, roads, drives, and the like shall be planted with trees, grass or other
suitable vegetation on both sides in accordance with the specifications, limi.
tations, procedures, types and intervals set forth in the appropriate county
LDC3:33
'lA
"3 '1... 1r.4.1.3
DEVELOPMEN RE
MENTS
.
Drainage easements sh eated to provide for the flow of surface
waters from contributory areas.
\3: -. 'P~~;cted/ p-r::~~~~e~~~ e~~~~s.A-~~~~~~l~~i;e easement or traf\
in favor of Collier County, without any maintenance obligation, shall be
, provided for all "protected/preserve" areas required to be designated on
l the preliminary and final subdivision plats.~able lot or parcel'
~ to'or abutting a protected/preserve area required to be designated
on the preliminary and final subdivision plats shall have a minimum
25-foot setback from. the houndary of such protected/preserve area in
which no principle structure may be constructed. Further, the prelimi-
nary and final subdivision plats shall require that no alteration, includ-
ing accessory structures, fill placement, grading, plant alteration or
removal, or similar activity shall be permitted within such setback area
without the prior written consent of the development services director;
\~rovided, in no event shall these activities be permittedhlsuch setbaCk'1
! area within ten feet of the protected/preserve area houndary, unless the \
I above setbacks are accomplished through buffering pursuant to section J
l \3.2.8~.D- .
.
The boundaries of all required easements shall be dimensioned on the
final subdivision plat. Required protected/preserve areas shall be identi-
fied as separate tracts or easements having access to them from a platted
right-of-way. No individual residential or commercial lot or parcel lines
may project into them when platted as a tract. If the protected/preserve
area is determined to be jurisdictional in nature, verification must be
provided which documents the approval of the boundary limits from the
appropriate local, state or federal agencies having jurisdiction and when
applicable pursuant to the requirements and provisions of the growth
management plan. All required easements or tracts for protected/
preserve areas shall be dedicated and also establish the permitted uses
for said easement(s) and/or tracts on the final subdivision plat to Collier
County without the responsibility for maintenance and/or to a property
owners' association or similar entity with maintenance responsibilities.
An applicant who wishes to set aside, dedicate or grant additional'
protected preserve areas not otherwise required to be designated on the
preliminary subdivision plat and final subdivision plats may do so by
grant or dedication without being bound by the provisions of this sectio~
.
4. Improvement plans. The improvement plans for required improvements
which will be constructed within an existing easement must illustrate the
existing easement and existing facilities, and the proposed easement and
Tn~'J.A&:;;
J
3.9.5.3.1.
3.9.5.3.2.
3.9.5.3.3.
3.9.5.3.4,
3.9.5.3.5.
3.9.5.4.
3.9.5.5.
3.9.5.5.1.
~
3.9.5.5.2.
3.9.5.5.3.
'-tJ
Supp. No. 11
'1A
DEVELOPMENT REQUIREMENTS
3.9.5.5.3
Whether or not the existing vegetation is to be preserved in the existing species
composition.
If applicable, the manner in which the composition of existing plant material
is to be preserved (hand removal of invasive species, prescribed burning, etc.).
The maintenance schedule for the removal of invasive species.
The maintenance schedule for the removal of debris.
Other information that may be required by the development services director
that is reasonable and necessary to determine if the management plan meets
the requirements of this Code.
On-site inspection. The development services director's field representative
may conduct aIi on-site inspection to determine if. the proposed vegetation
removal meets the criteria in section 3.9.5.2 and conforms to the preservation
standards in section 3.9.5.5 below.
Preseroation standards.
All development not specifically exempted by this ordinance shall incorporate
at a minimum the preservation standards contained within this section.
All new developments shall retain existing native vegetation to the m ~..;m um
extent possible; especially where said native vegetation exists within required
buffer areas. When protected species are identified on site, priority shall be
given to preserving these habitats first, as a part of the retained native
vegetation requirement (see section 3.11.3 for the management of these areas).
Where the required minimum retained vegetation percentage has been met
pursuant to section 3.9.5.5.3 and 3.9.5.5.4 additional native vegetation shall be
retained unless necessary grade changes, required infrastructure, stormwater
management system design or approved construction footprints necessitate its
removal. The need to remove additional eristing native trees shall be demon-
strated by the applicant as part of the vegetation removal review process.
When required to be removed, existing viable native trees shall be trans-
planted into site landscaping unless the applicant can demonstrate that
transplanting is not feasible or appropriate. Retained areas of vegetation shall
be preserved in their entirety with all trees, understory, and ground covers left
intact and undisturbed, except for prohibited exotic species removal, enhance-
ment with native plant material and pruning and maintenance.
All new residential or mixed use developments greater than two'!. acres in the
coastal management area as defined in the 1989 edition of the future land use
element of the county growth.management plan and greater than 20 acres in
the coastal urban designated area as defined in the general plan requirements
section (6.4.6) of the Adoption Notebook of the 1989 edition of the future land
use element of the county growth management plan shall retain 25 percent of
LDC3:131
3.9.5.5.3
~
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3.9.5.5.4.
..
Supp. No. 11
1~
COLLIER COUNTY LAND DEVELOPMENT CODE
(
the viable naturally functioning native vegetation on-site including both the
understory and the ground cover emphasizing the largest contiguous area
possible. When protected species are identified on site, priority shall be given
to preserving these habitats first, as a part of the retained native vegetation
requirement (see section 3.11.3 for the management of these areas). When
several different native plant communities exist on-site, the development
plans will reasonably attempt to preserve examples of all of them, if possible.
Areas of landscaping and open space which are planted with native species
shall be included in the 25 percent requirement considering canopy understory
and ground cover, providing that in such areas of credit, ground cover
constitutes no more than 20 percent of the landscaped area. Where a project
has included open space, recreational amenities or preserved wetlands that
meet or exceed the minimum open space criteria of Collier County, this policy
shall not be construed to require a larger percentage of open space set aside to
meet the 25 percent native vegetation policy. This policy shall not be inter-
preted to allow development in wetlands, should the wetlands alone constitute
more than 25 percent of the site. Exceptions, by means of mitigation in the
form of increased landscape requirements, shall be granted for parcels, which
cannot reasonably accommodate both the preservation area and the proposed
activity. Where native preservation requirements are not accommodated, the
landscape plan shall re-create a native plant community in all three strata
(ground cover, shrubs and trees), utilizing larger plant materials so as to more
quickly re-create the lost mature vegetation. Such re-vegetation shall apply
the standards of section 2.4.4. of this Code, and include a quantity of plantings
matching the amount of required preserved native vegetation that was
removed. The following minimum sizes shall apply: One gallon ground cover;
five gallon shrubs; 14 foot high trees with a seven foot crown spread and a dbh
(diameter at breast height) of three inches. Previously cleared parcels, void of
native vegetation, shall be exempt from this requirement.
All other types of new development not referenced in section 3.9.5.5.3 above,
including but not limited to 1) residential or mixed use developments under the
thresholds set forth in section 3.9.5.5.3; 2) commercial development; and 3)"
industrial development shall be required to preserve an appropriate portion of
the native vegetation on the site as determined through the county develop-
ment review process. When protected species are identified on site, priority
shall he given to preserving these habitats first, as a part of the retained native
vegetation requirement (see section 3.11.3 for the management of these areas).
For new development under five acres, a minimum of ten percent of the native
vegetation on-site (hy area), shall be retained, including the understory and
ground cover. For new development five acres or greater, a minimum of 15
percent of the native vegetation on-site (hy area), shall be retained, including
the understory and ground cover. Preservation of different contiguous habitats
LDC3:132
.',:"
, .
03-"2,1
r7fl
Figure. 3.5.11.3.2
,..-"
-- \
1
I
----_/
"
~tt'Jl'tln9Ioke
----Iokr.oddltiorl
For omr.ndlllllnt. that modify the Ill'i.ting Joke aree
byaddhlJ 011 oddltlon, only thf, nf,W portioll of the lok.
sholl be. uud to ClIJcuroh. the LSPA oru using the.
perer.l'ltogcrf,quirf,lIIcnbof3.!I.I1.1.1.
"-
\
\
I
I
/
-
,...
~, /
.......---/
uil'tingshorcUn.
modifjedllkc..horclin.
For l1I'ftendmc.nt, that modify the ,u,istin9 .hartlinll
bygrel2tfSl' thon ZO percent, th& totol k1ke orca
shall be used ta-nlculafll the LSPA Gl"CI using thl!
pe.rccntCIgr.rf,qulM!mUltsaf3.5.1l.1.1.
Sec. 3.5.-1+ 12. Appeals.
.
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.
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Sec.. 3.S.n 13. Penalties and enforc.ement.
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.
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.
Sec. 3.5.U 14. Seversbility.
.
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.
See. 3.5.-1415. Compliance with state and federal permits.
,
SUBSECTION 3.L. AMENDMENTS TO DIVISION 3.9., VEGETA TION REMOVAL,
PROTECTION AND PRESERVATION
Division 3.9., Vegetation Removal, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.9, VEGETA TION REMOVAL, PROTECTION AND PRESERV A TJON
Sec. 3.9.5. Vegetation removal, protection Rnd preservation standards.
.
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3.9.5.5.6 Native Pres:erve criteria
Page 60 of 70
Words st:'Uah: tr~ellgh are deleted, words underlined are added
"
1A
1. Identification. Native ve!;!etation that is reauired to be oreserved oursuant to 39.5.5 shall be set~aside
in a Preserve. Areas set aside as "reserves shall he labeled as "Preserve" on all site nlan~
2. Minimum dimensions The minimum width of the oreserve shall be'
R, twenty feet for oroDertv less than ten Bcres.
b. an averaae ofthiny feet in width but not Jess than twenty feet in width for orooertv eoual to ten acres
and less than twenty acres
c. an averBee of fifty feet in width but not less than twenty feet [Dr nrouertv oftwentv acres and lZTeater
3. Created Preserves Where created nreserve!: are aoproved the landsc80e plan shall fe-create a native
plant community in accordance with the ve~etation sizes and standards set forth in 3 95 5. The SORci"1l of
the n18AI~ shall be as follows' twenty 10 thirty foot on center for trees with a small canaov (less than 30 ft
mature spread) and forty foot on center for trees with alar!:!".!: canaov ((!reater than 30 ft mature snread) five
foot on center for shrubs and three foot on center for ~round covers Plant material shall be olanted in a
manner that mimics a natural olant community and shall not be maintained as landsCRDin(! Minimum sizes
for nlsn! material maY be reduced for scrub Bnd other xeric habitats where smaller size DIa"!s material are
better suited for re~estab1ishment of the native nla"1 communitv
a. ADnTOved created oreserves identified in 3.9.5 5 as miti~ated native nreservatian may be used to
recreate'
i. nat more than one acre of the reQuired preserves if the orooertv has less than twenty acres of existimz
native veaetation.
ii. not more than two acres of the reouired oreserves if the orooertv has eoual to or ~reBter than twenty
acres and less than eilzhtv acres of existin~ native ve{!etatian
iii. not more than 10010 of the reouired nreserves if the oronertv has eoual to or lZreater than eilZhtv acres
of existin17 native velletation
b. The minimum dimensions shall Bonlv as set forth in 3 9.5 5.6.2
c. All oerimeter landscBDinll areas that are requested to be approved to fulfill the native veaetation preserv~
requirement, shall be labeled a' oreserve, and ,hall complv with all "reserve setbacks
d. Created oreserve exeeotions may be I!ranted:
i.. when a State or Federal oermit requires creation of native habitat on sileo The created oreserve
acreal!e maY fulfill all or Dart of the native vel!etation reauirement when oreserves are alented whh
all three strata' usinQ the crileria set forth in Created Preserpes. This exceution may be g:ranted
relZardless of the size of the oroiect
ii. when small isolated areas (of less than V2 acre in size) ofnatiye velletation exist on site In cases
where retention of native veI!etation results in small isolated areas of \.-S acre or less oreserves may
be nlanted with all three strata' usina the criteria set forth in Created Preserves and shall be created
adiacent existine native veeetation areas on site or contil!uous to oreserves on adjacent orooerties.
This exceotion may be 2ranted reeardless of the size of the oroiect
Hi When an access point to a oroiect cannot be relocated. To comelv with obli2storv health and safetv
mandates such as road alirmments reouired bv the State preserves mav be imDacted and created
elsewhere on site
4. Reauired Setbacks to Preserves. All Drinc;Dal structures shall have a minimum 25.foot setback from the
boundary of anv nreserve Accessorv structures Bnd all other site alterations shall have a minimum 10- foot
setback from the boundary oranv Dreserve. There shall be no site alterations within the first 10 feet adiacent
to any Dreserve unless it can be demonstrated that it will not adverselv imDact the [nrearitv of that oreserve
(j.e.. Fill maY be aDoroved to be olaced.within 10 feet of the uDland oreserve but may not be BDoroved to be
placed within 10 feet of a wetland oreserve unless it csn be demonstrated that it will not nel!ativelv imDact
that wetland)
r b.~
~,' .
:,.'1
J. Invasive Exotic Vepetation Removal and Maintenance Plans. Exotic veaetation removal and maintenance
plans shall require that cateaorv r exotics be removed from all oreserves. All exotics within the first 75 feet
ofthe outer edge of every Dreserve shall be Dhvsicallv removed or the tree cut down to l2:rade and the stump
treated with a D.S Environmental Protection A2cncv aooroved herbicide and a visual trace dve 8ooIied.
Exotics within the interior of the nreserve maY be aporoved to be treated in Dlace if it is determined that
physical removal mit2ht cause more damaae to the native vct2etation in the oreserve When orohibited exotic
velletation is removed but the base of the veczetation remains the base shall be treated with an US.
Environmental Protection Al!e"cy aooroved herbicide and B visual tracer dye shall be soaBed. Exotics
within the interior of the nreserve mav be aooroved to be treated in nlsce if it is determined that ahvsical
removal mi2ht cause more damat2e to the native vegetation in the oreserve When orohibited exotic
vegetation is removed but tho base of the vct2ctation remains the base shall be treated with an U.S.
Environmental Protection At2encv aoeroved herbicide and a visual tracer dye shall be RODlied. A
Page610f70
Words slruelt Ihr-el1gil are deleted. words underlined are added
1A
maintenance clan shall be imolemented on a yearlv basis at a minimum or more freouentlv when reouired to
effectivelv control exotics and shall describe soecific technioues to Dreven! feinvasion bv orohibited exotic
velZetation of the site in oernetuitv The olan shall be aooroved orior to the issuance of any final local
clevelooment order.
I/O
or
omen
2003 r no
ry/J.
~ y,
I. JJ.,7P
*' ..;J./Ir
Ii ri t
reouired to comnlv with thitnew,reQ{]IBtiili1s in-se:etio'n 3.9.5 56 arlooted on June j 6 20
SUBSECTION 3.M.
AMENDMENTS TO DIVISION 3.14. . PENALITrES
Division 3.14., Penalties, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.14. PENALTIES
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Sec. 3.14.3. Exceptions; permit.
All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to
coincide with the beginning of sea turtle nesting season, During sea turtle nesting season, May I through
October 31, of each year, all permits s~all be subject to section 3.14.~ 1. of this division.
3.14.3.1. Sheriff, city, state and federal police, emenzencv services and gaffie SAd fish sSffiR'\.iBsiBR ~
Florida. Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these
departments operating under orders in the normal course of their duties shall be exempt from the provisions
of this division. -
3.14.3.2. Vehicles which must travel on the beaches in connection with environmental maintenance,
conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16,
providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16
remain stationary, except to access and egress the beach, shall be exempt from the provisions of this division
if a permit has been obtained from the sIte ~e\'eIBflment Feview Environmental Services Deoartment director
or his designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with
the vehicle and available for inspection. The procedure for obtaining such a permit shaH be by application to
the site ae<:elspmeRt Fe :ie'lo' Environmental Services Deoartment director in writing stating the reason or
reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an
environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier
County Ordinance No. 89-16, taking into consideration the vehicular use restriction' previously stated as a.
criterion for an exception, and permit for such vehicle or veh!c1es shall be issued by the site efs\'sleflffieHt
FeYiew-Environmental Services Deoartment director if the sil.e efe',el~At re':ie..,' Environmental Services
Deoartment director is satisfied that a lawful and proper environmental maintenance, conservation,
environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. g9~
16 will be s,rved thereby.
3.14.3.3. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid
disabled or non:ambulatory persons shall be exempt from the provisions of this division.
3.14.3.4. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events...J1J.
coniunction with Dermanent concession facilities or (or other routine (unctions associated with Dermitted
lIse.r of commercial hotel DrODertv. Vehicles which are used in conjunction with functions on the beach, tl9
f:lermitteef b)' aR !flJ:lre\ eel speeial e leAt temfl6rap/ use pen'Rit. sr anHual eeaeh e\ ents permit, arc exempt
from the provisions of this division if a vehicle-on the-beach permit has been granted by the ~g
&efYie.es Environmental Services director or his designee. All permits issued are subject to the following
conditions and limitations:
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3.14.3.4.5, Permits shaH only be issued for ATVs when Environmental Services DeDartment staff has
determined that: J) evidence has been orovided that there is a need to move eauiDment which due to the
Page 62 of 70
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May 2003
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara Burgeson, Principal Environmental Specialist
DEPARTMENT: Environmental Services
LDC PAGE: LDC3: 132.1, supplement 11
LDC SECTION: Sec. 3.9_5.5.6
CHANGE: Incorporate some of our native vegetation preservation requirements, that
currently exist in the LDC and GMP's or have been policy and procedures for the past
five years or greater, into one easily accessible section regarding Preserves. This
amendment also clarifies language to better reflect how staff currently applies existing
code provisions and provides details that have been requested' by the development
community to provide needed guidance. The intent of the proposed amendments is to
provide minimum criteria for on site Preserves.
REASON: These amendments allow the community to easily locate the criteria for
protecting preserves, which has been located in several different sections of the LDC~
FlSCAL & OPERATIONAL IMPACTS: The proposed amendments should have no
fiscal impact, as it does not require any additional preservation than the current Code and
Policies.
RELATED CODES OR REGULATIONS: LDC Sections 3.9.5.5.3, 3_9.5.5.4,
3.9.6_6.5, 3.9.6_6.4.2, 3.2.8.4.7.3, Collier County GMP - Conservation and Coastal
Management Element
GROWTH MANAGEMENT PLAN IMPACT: The proposed amendments are
consistent with the Conservation and Coastal Management Element Policy
3.9.5.5_6 Native Preserve criteria
1. Identification. Native vel!etation that is reauired to be oreserved oursuant
to 3,9.5.5 shall be set-aside in a Preserve. Areas set aside as oreserves
shall be labeled as "Preserve" on all site plans,
2. Minimum dimensions. The minimum width of the oreserve shall be:
a. twenty feet. for orooertv less than ten acres.
b. an average of thirtv feet in width but not less than twentv feet in
width. for orooertv eoualto ten acres and less than twenty acres.
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May 2003
c. an averae:e of flfiv feet in width but not less than twentv feet for
Droocrlv of twentv acres and I!reater.
3. Created Preserves. Where created Dreserves are aDproved. the landscaDe
plan shall re-create a native Dlant community in accordance with the
ve!!etation sizes and standards set forth in 3.9.5.5. The sDacin!! of the olants
shall be as follows: twenty to thirty foot on center for trees with a small
canODV (Jess than 30 ft mature Sllread) and forty foot on center for trees with a
larl!e canODV (I!reater than 30 ft mature sDread), five foot on center for shrubs
and three foot on center for I!round covers, Plant material shall be Dlanted in a
manner that mimics a natural Dlant community and shall not be maintained as
landscapine:. Minimum sizes for Dlant material maY be reduced for scrub and
other xeric habitats where smaller size Dlants material are better suited for re-
establishment of the native Dlant communi tv_
a ADDroved created Dreserves. identified in 3.9,5,5 as mitie:ated
native DreservatiCll. mav be used to recreate:
I. not more than one acre of the reQuired preserves if the
oroocrtv has less than twentv acres of existine: native
vel!etation.
2_ not more than two acres of the reouired Dreserves if the
orooertv has caual to or I!reater than twenty acres and less
than eil!htv acres of existinl! native vee:etation,
3. not more than 10% of the reQuired oreserves if the
prooertv has equal to or e:reater than eil!htv acres of
existine: native vee:etation.
b. The minimum dimensions shall aoolv as set forth in 3.9.5.5.6.2,
c. All perimeter landscaoinl! areas that are reQuested to be apl'roved
to fulfill the native velretation oreserve reQuirements shall be
labeled as oreserves and shall comDlv with all preserve setbacks.
d. Created preserve exceDtions may be I!I1lI1ted:
1. when a State or Federal oenmt reauires creation of native
habitat on site. The created oreserve acrealre may fulfill all or
Dart of the native vee:etation reuuirement when Dreserves are
olanted with all three strata: usinl! the criteria set forth in
Created Preserves. This exception may be I!ranted. rel!ardless
of the size of the oroiect.
2. when small isolated areas (of less than Vz acre in size) of native
vegetation exist on site. In cases where retention of native
vel!etation results in small isolated areas of Vz acre or less.
oreserves may be planted with all three strata: usine: the criteria
set forth in Created Preserves and shall be created adiacent
existing native vel!etation areas on site or contil!Uous to
preserves on adiacent prooerties. This exceotion may be
e:ranted. ree:ardless of the size of the proiect.
3. when an access point to a oroiect cannot be relocated. To
comolv with oblil!atorv health and safety mandates such as
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May 2003
road alilmments reauired bv the State. oreserves may be
imoacted and created elsewhere on site.
4.. Reauired Setbacks to Preserves. All orincioal structures shall have a
minimum 25-foot setback from the boundarY of any oreserve. Accessorv
structures and all other site alterations shall have a minimum 10- foot
setback from the boundarY of any oreserve. There shall be no site
alterations within the first 10 feet adiacent to any oreserve unless it can be
demonstrated that it will not adverselv imoact the inteEritv of that
preserve. (i.e.. Fill maY be aooroved to be olaced within 10 feet of the
uoland DTCserve but may not be aooroved to be olaced within 10 feet of a
wetland preserve. unless it can be demonstrated that it will not neltativclv
impact that wetland.)
-
5. lnvasive Frntic Vuetation Removal and Maintenance Plans_ Exotic
veltetation removal and maintenance olans shall reauire that cateltorv I
exotics be removed from all oreserves. All exotics within the first 75 feet
of the outer edl!e of everY oreserve shall be ohvsicallv removed. or the tree
cut down to l!rade and the smmo treated with a U.S. Environmental
Protection A~encv aooroved herbicide and a visual trace dye aoolied.
Exotics within the interior of the oreserve may be aooroved to be treated
in 01=. if it is determined that ohvsical removal mil!ht cause more
damal!C to the native veltetation in the oreserve, When orohibited exotic
veltetation is removed. but the base of the vel!etation remains. the base
shall be treated with an U.S. Environmental Protection Al!encv aooroved
herbicide and a visual tracer dve shall be aoolied. A maintenance plan
shall be imolemented on a vearlv basis at a minimum. or more freauentlv
when reauired to effectively control exotics. and shall describe specific
tecbniaues to orevent reinvasion bv orohibited exotic vel!etation of the site
in oeroetuitv. The olan shall be aooroved odor to the issuance of any
final local develooment order.
6. Exemvtions. Aoolications for develooment orders authorizinl! site
imorovements. i.e.. an SDP or FSP and on a case bv case basis a PSP. that
are submitted and deemed sufficient orior to June 16. 2003 are not
reauired to complv with the new reltlllations in section 3.9.5.5.6 adooted
on June 16. 2003.
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April 9, 2003
of sidewalks are increased safety for school children, less need to use roadways to
get to adjoining properties, incre"ll$ed property values, and less cost to sidewalk
maintenance.
4) Robert Mnlhere, stated that he is a member ofDSAC, but he was representing
himself. Ife suggested the CCPC use DSAC as a resource when they make
decisions concerning development standards and regulations. Regarding the
matter that dealt with connection of sidewalks of adjacent properties, DSAC
recommended "internal connection'~be removed DSAC detennined to write a
report that provided the CCPC with details on the matters that concerned them.
The cepc had this report in their packets. Mr. Mulhere added that oij page 51, in
regards to sidewalks in multi-residential facilities, he advised they try to develop a
minimum number of units where sidewalks are required.
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A ten minute recess was taken at 7:15 PM.
D) Section 3.9.5.5.6 - Page 70 of the ccpe Packet
-Barbara Burgeson, Environmental Services, slated that this amendment takes existing
sections of the LDC and existing policies that staff applies, and adds new criteria to
identify the criteria that should be applied to native vegetation preservation areas. Staff is
requiring that they be identified as preserve areas, platted, and the largest most
contiguous areas set aside for preservation. Some criteria have been added to the
minimum width of preserves and to the amount of preserves that must be created in
relaticm to the size of the parcel. One change has been made since this has been sent to
the EAC. The change is in regards to setback requirements, which as it is currently
written in the LDC, .?oes..!lot allow fqr..r~l!yj!"p'pacts within the first lOft adjacent to *
.p.r.~~.e!.:.e.a!.:..~~~~s..E~~~_!he lan~~_!o 1l1l0~Jor some i.mpac~"p'!~~~'!L
fill, within the fitst lOft as long as there is no negative im}?act to the preserve as a result
.__..__"... _.__,...._r. .. -' - .-.,.-....".' .-',- ..._.._._.._,....~-.,,_._.--.._. ,,, ----.-__.,.___.....______-...-_~
of !:hat placement of fill. She added that no one contacted her with any negative
, ..--'......-.~~-~.-..._~.'...,~
concerns, queslitinll. or issues.
-Mr. Strain asked ifit was an average width or a minimum width. Barbara Burgeson
replied that there are two issues; the weth!n~ buffers are determined by SWFL Water
I'age 12
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April 9, 2003
District and a setback to _~~.E!- She explained that the county setback is measured
from the edge of the boundary of the preserve.
Public Sneakers
1) Jeff Davidson, stated that he was an engineer in Naples, Florida. He explained
that he understood that they are supposed to send water management into the
preserve areas, whether they are dry or wet. He felt this functioned well and
wanted to see the developer maintain the ability to use the preserve areas for
water management, rather than digging lakes.
-Barbara Burgeson stated that this amendment does not address or preclude the issue that
Mr. Davidson was discussing.
2) William Hoover, Land Planner for Hoover Planning, stated that he was
concerned with some of the native vegetation requirements_ He asked for more
flexibility; an average distance from setback preserves rather than a minimum_
He proposed a 25ft setback from, even in an upland, native vegetation area. He
did not have a problem with the wetland restrictious being 25ft, even without the
flexibility of 15ft. He wanted the upland buffer to only be lOft to accessory and
principal structures, stating that he saw no need for the extra 15ft. If the site
planner was not allowed to count buffers, then he believed that they should be
allowed some flexibility if they agree to make the buffers wider. His biggest
concern was that they would be pricing people out of the market. He asked that
staff explore the possibility of creating an incentive system, especially when
considering single-family homes.
-Barbara Burgeson stated that the 25ft and 15ft on wetland buffers has nothing to do with
this amendment; this LDC amendment was on setbacks, not buffers. She clarified that
the setbacks of 25ft and 10ft have always been in the LDC. The proposed amendment is
to make this more flexible by allowing some impacts in the lOft. She added that she was
willing to sit down with Mr. Hoover and explain the differences.
-Mr. Strain asked if staff could bring some diagrams that show how the buffers fit
together, the setback, etc... to the next meeting. Barbara Burgeson stated that she would
bring in some diagrams at the next meeting.
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April 9,2003
-Mr. Abernathy noted that the only objection or suggestion that DSAC had with this
amendment, was that the preserve area widths not apply to proj ects currently under
review or PUD masterplans indicate small buffer widths on approved PUD masterplans.
Barbara Burgeson stated that the EAC and DSAC recommended approval as submitted.
3) Dwight Nadeau, Planning Manager for RW A, represented various clients. He
stated that they had an objection to the development standards that were being
imposed on the code for these native preserves. He explained that this goes
beyond what the regulating agencies, who hold the permits, require. He added
that now, when he does his site planning, he must look at the native vegetation
areas on the site that can qualify to be defined as "native vegetation". lbis leads
to a new site analysis and he recommended that they not apply these standards to
PUDs currently in review. He used a diagram of 175ft deep lot, to show the
CCPC an example of how this would change PUDs currently in review. He asked,
for PUDs currently in review to be exempted from a "date certain"..' He also felt
that they needed to be able to "create" their wetland preserves in their
developments. He c1ari1ied that he would like the prohibition on creation of
wetland preserves to be removed and to have the width of the required buffers re-
considered. He provided the diagram to one ofthe members of the CCPC for
review; a copy was not provided to the court reporter. . .
-Barbara Burgeson stated that the current GMP prohibits the preserve area from being a j W~
part of a residential lot, so the example, provided by Mr. Nadeau, should not apply. She
added that they do allow fill within the first lOft of a wetland as long as it does not
negatively impact the preserve area. She reminded the CCPC that they are not requiring
a 50ft preserve area around the perimeter of the project; the opportunity is there if the
developer chooses to do it that way. She stated that she would meet with Mr, Nadeau
between now and the next meeting to discuss these items, ifhe chose to. She added that
ifSFL water management or another permit requires the creation of wetland preserves on
site, then it is important and she agrees this needs to be placed into the amendment.
-Mr. Strain stated that it would be helpful if agencies that objected to proposed
amendments would meet with staff to discuss the issues, before bringing it before the
Page 14
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April 9, 2003
CCPC. Mr. Nadeau agreed, but stated that the information is not made "readily
available" to them in order to do so.
4) Michael Fernandez, Planning Development, stated that he did not believe that
this is current policy. He added thai these issues are new ones and the old ones
that they "tackled" when they dealt with preserving a percentage of the site. One
of the compromises in thai disc~ssion was development standards thai allow for
flexibility, because they allowed you to preserve without minimum width
requirements. He cited an example ofa current proposed project thai could not be
built with the new requirements. He noted that nothing in the amendment
addresses the sites that have a limited amount of vegetation. He added that they
need to be able to address this issue as though not all sites were vegetated, with
the ability to mitigate, and standards that provide more flexibility than they
currently have_ He stated that he is willing to meet with staff.
-Barbara Burgeson stated that in regards to the minimum widths, the small areas that
have been acceptable in the past do not function as native vegetation areas, which is why
they are looking to require minimum widths in these areas. She added that they can put,
an exemption section in this amendment for the areas with unusual circumstances.
E) Littoral Standards - Page 61 of the cepc Packet
-Bill Lorenz, Environmental Services Director, stated that this was a change to the littoral
standards in the LDC. It provides for better standards for designing the littoral zones.
Staffhas found that the designs in the current code do not allow for survivability of the
littoral zones that have been planted, Staff worked with a number of individuals and
designer professionals, and incorporated their suggestions into the proposed amendment.
Mr. Lorenz refers to these changes as the "technical standards". The existing code
requires the littoral zone to be equal to 2% of the surface area of the pond or lake that the
littoral zone will be planted in. Staff recommends that this be increased from 2% to 10%.
He stated that 2% of a total lake on site is very small and staff feels that they will gain
increased habitat by changing to 10%. The GMP did adopt a 30% area for the rural
fringe and 2.5% for the urban standard. The EAC and DSAC approved the current
proposal.
Page 15
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May 14, 2003
aclmowledge - "may apply in a certain, specific situation that would have adequate
water depth at four foot or more."
B) PhiUp Osborne represented Butch Morgan, president of Marine Industries of
Collier County. Mr. Osborne read a letter into the record from Butch Morgan,
The letter stated that they believed "...a 4ft depth at a multi-slip facility and to a
marked channel or historically used channel is sufficient for a preferred rating in
the MPP as long as boat draft or size is not more than is presently using the
channel." Mr. Osborne noted that a marked channel does not necessarily mean
the Gulf of Mexico or the ocean; it is just a recognized navigable channel. The
letter also pointed out that on January 14, 2003 Mr. Morgan appeared before the
BCC to request a resolution regarding the manatee issue in Florida be sent to the
U.s, Fish and Wildlife. U_S. fish and Wildlife issued a decision of "no decision"
and the governor stated. 'it keeps manatee protection in the hands of state and
local regulators who must balance the preservation of Florida's environment with
economic prosperity"_ Mr, Morgan felt that staffhad not presented the balance of
manatee protection and economic impacts to the commission. Tn his letter, Mr.
Morgan asked that the commission consider how the MPP morality criteria and
water depth issue balance the environment and prosperity in Collier County_ Also
in his letter, Mr. Morgan asked that the MPP be strictly adhered to.
-Mr. Richardson made a motion to accept the staff's wording in the amendment and
found it to be consistent with the GMP. It was seconded by Lindy Adelstein. All
were in favor of the motion; the motion passed unanimously, 8-0.
VII. Section 3,9.5.5.6-Native Vegetation Preservation
-Barbara Burgeson, Environmental Services, stated that the commission generally agree<;l
with this at the last meeting, but requested that they have the chance to view the new
language once the amendment was "relaxed". Barbara Burgeson reviewed the new
language and changes with the commission:
1) The proposal now reads: "If a completed application submittal package for an
SDP or PlatIPlans has been submitted prior to June 18, 2003, the applicant may
Page 8
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May 14, 2003
,
request a waiver of the above average minimum width requirement. Waivers to
the average minimum width requirement will be approved if the proposed
minimum widths are not less than twenty feet."
2) The proposal now allows for more flexibility on the amount of created preserve
areas. Up to one acre of preserves can be created on sites less than 20 acres.
3) The proposal now states that on sites between 20 acres and 80 acres, up to 2
acres of preserve can be created.
4) For any parcels that are 80 acres or greater in size, the language refers back to
the 10%. Also, when staff calculates the native vegetation preservation
requirement, they are now calculating it on the amount of native vegetation on-
site, not on the size of the property.
Pllblic SDeakers
A) Bob Mulbere, RW A Inc, agreed that this version is more flexible, He reviewed
section 6.11 paragraph 7 with the commission. Mr. Mulhere believed that the
intent of this section was to be an exception to the policy and to recognize
flexibility in the urban area on urban development sites. He was concerned that
the new standards were "overkill", because they now establish the sethacks from
these preserves that would apply to a native vegetation area being recreated. He
noted that the provided exception to the policy, listed on Page 26 under item D,
ooly applies to the minimum dimensions. He felt that the waiver should not have
-
to be requested and that the amendment should read: that a waiver "shall" be
granted. Mr, Mulhere was also concerned because the exception only applied to
the buffer widths. He recommended that a new paragraph be created in the
amendment that states: "e:iCemptions shall be granted for projects where which a .
completed PUD, SIP, or Final Plat has been submitted prior to June 17, 2003.
Such projects shall be exempt from section 3.9.5.5.6 paragraph 2, 3A, and 3B, and
in the case of created preserves section 3.9.5.5.6.4."
-Barbara Burgeson reviewed the proposed language and stated that she believed this
is the only exemption language that would be applicable without being in con1lict
with the current GMP. She added that the setback language has been in the COde-f
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Page 9 I!> ~ ~,i)?.tJ
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May 14,2003
since 1991 and the only change made to this, now allows for flexibility and some
impacts in the first 10 feet.
-Mr, Strain asked if this applied to items in the "pipeline" or if the intent of the
amendment was to say from a certain day forward this would apply. Barbara
Burgeson informed him that she wanted to make sure the requirements of the current
GMP were not affected by "pipeline" language.
-Barbara Burgeson stated that she would be willing to change the proposal to read:
"may be granted a waiver", as long as the proposed minimum widths are not less than
20 feet.
-Mr. Strain suggested the language: "any changes to this section will not be effective
to projects currently in the defined pipeline." Barbara Burgeson stated that she
believed this language would work, but she would need to discuss this with the
County Attorney and that it must be consistent with the GMP. Mr. Mulhere agreed
with this language.
-Mr, Mulhcre believed that the requirements in items A., B, & C were new
requirements, Barbara Burgeson stated that this language was new, in order to
facilitate the\uMl' language created. and effective in January 200U
,
-Mr. Schiffer asked how much time the GMP allowed for grandfathering applications.
Mr. White stated that the typical process is that any application, already deemed
sufficient on the date the regulations changed or prior to, would follow the prior
existing regulations.
-Mr. Strain made a motion to recommend approval ofLDC section 3.9.5.5.6 and find it
consistent with the GMP with the following change: any changes to section 3.9.5.5.6 will
not be applicable to any applications that are not deemed sufficient as of the adoption
date. It was seconded by Lindy Adelstein, All were in favor of the motion; the motion
passed unanimously, 8-0,
A recess was taken from 7:20PM -7:32PM.
Page 10
1ft
COLLIER COUNTY .
BOARD OF COUNTY COMMISSIONERS
";\
AGENDA
SPECIAL MEETING
June 16, 2003
5:05 p.m.
1
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chair, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner,'District 5
NOTICE: ALL PERSONS WlSIDNG TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
TIDS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN TIDS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNlY
1
June 16, 2003
~A
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OrnCE.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING
ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA.
3. ADJOURN
2
June 16, 2003
0A
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WIDCR INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING TIlE FOLLOWING: ARTICLE 1, DMSION 1.8, NONCONFORMITIESj
DMSION 1.18, LAWS INCORPORATED BY REFERENCE; ARTICLE 2, DIVISION
2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,INCLUDING
REVISIONS TO THE RURAL AGRICULTURAL, ESTATES AND RESIDENTIAL
ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES,
INCLUDING REVISIONS TO THE SANTABARBARA OVERLAY DISTRICT
RELATED TO SIDEW ALKS,INCLUDING REVISIONS AND ADDITIONS TO THE
BA YSHORE MIXED USE OVERLAY DISTRICT, INCLUDING CREATION OF A
STEWARDSIDP OVERLAY DISTRICT AND DESIGNATION PROCEDURES FOR
STEW ARDSIDP SENDING AND RECEMNG AREAS; DMSION 2.3, OFF-STREET
PARKING AND LOADING; DIVISION 2.4, LANDSCAPING AND BUFFERING;
DMSION 2.5, SIGNS, TO REVISE PROVISIONS RELATED TO ILLUMINATED
SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DMSION 2.7,
ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DIVISION 3.2,
SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.5,
EXCA VA TlON; DMSION 3.9, VEGET ATlON REMOVAL, PROTECTION AND
PRESERVATION; DIVISION 3.14, VEHICLE ON THE BEACH REGULATIONS;
ARTICLE 5, DIVISION 5.4, BUILDING BOARD OF ADJUSTMENTS & APPEALS;
AND ARTICLE 6, DIVISION 6.3, DEFINITIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend the provisions of the Collier County Land Development Code to serve the best interest of the
public. .
CONSIDERATIONS:
This is the second of two public hearings required by Statute for amending the Collier County Land
Development Code. Each of the amendments was presented to, and reviewed by, the Development
Services Advisory Committee, the Collier County Planning Commission, and the Environmental
Advisory Committee, where applicable. Recommendations of each of these bodies are included in the
summary description of the LDC amendments where an advisory body advocated revisions to the staff
recommended changes. The Planning Commission held public hearings on April 9, 2003 and April 30,
'1A
2003 and May 14, 2003. A summary of the review of these amendments by these entities is provided
with this Executive Summary on the frrst eight pages of this document
FISCAL IMPACT:
As noted on each individual amendment in the handout
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners review the proposed amendments to the Land Development
Code and approve as submitted, in accordance with the attached Ordinance of Adoption.
PREPARED BY:
~~
stTSANMURRAY,A1CP,MANA ER
CURRENT PLANNING SECTION
f4/IO/D3
DATE
REVIEWED BY:
C( Itt /03
DATE
APPROVED BY:
~ ~fu 6/o;fo d
JOSEPH K. SCHMITI, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
2
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MISSING
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ORIGIN: Rural Fringe GMP Amendments Establishing Rural Fringe
AUTHORS: Nancy Lirman, Esquire, Carlton Fields
Marti Chumbler, Esquire, Carlton Fields
Robert Mulhere, AICP, RW A, Inc.
Williwn Lorenz, P.E.
Stan Litsinger, AICP
Other Members of County Staff
DEPARTMENT: Consultants to Collier County and Collier County staff from Environmental
Services and from Planning.
LDC PAGElS): Various as identified on Table of Contents
LDC SECTION: Various as identified on Table of Contents, including:
TARA:
TARB:
TARe:
TARD:
TABE:
TABF:
TABG:
TARH:
TAB!:
TABJ:
TARK:
TABL:
TABM:
T AL#532626.5
Creation of Section 2.2.2Y.. RURAL FRlNGE MIXED-USE DISTRICT (RFMU
DISTRICT);
Amendments to Section 2.2.17 CONSERVATION DISTRICT;
Creation of Section 2.2.27. RLSA DISTRICT: NEW DEFINITIONS, DESIGN
STANDARDS, & BASELINE STANDARDS.
Creation of Section 2.2.30 NRP A OVERLAY;
Creation of Section 2.2.31 NBM OVERLAY;
Amendments to Section 2.6.9 ESSENTIAL SERVICES;
Amendments to Section 2.6.35 COMMUNICATIONS TOWERS;
Amendments to Section 3.5.11 LITTORAL SHELF PLANTING AREA;
Amendments to Section 2.6.39 TRANSFER OF DEVELOPMENT RIGHTS;
Creation of Section 2.6.40 DENSITY BLENDING;
Amendments to Section 3.8 ENVIRONMENTAL IMPACT STATEMENTS
(EIS);
Amendments to Section 3.9.VEGETATION REMOVAL, PROTECTION AND
PRESERVATION;
Amendments to Section DNISION 3.11. ENDANGERED, THRE
LISTED SPECIES PROTECTION;
IlEM
No.
1
FEB 1. 1. 2004
:?9
pt.
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TAB N: Amendments to DIVISIONS 6.2 ABBREVIATIONS and 6.3 DEFINITIONS
CHANGE: Amendments to the LDC in Order to implement the Rural Lands Assessments based
Goals, Objectives and Policies.
REASON: Required by BCC Adoption Rural Lands and Rural Fringe Assessments based Goals,
Objectives and Policies (and as a result of their being effective).
FISCAL & OPERATIONAL IMPACTS: Approval of these amendments will have no fiscal
or operation impact on the county. From the private property owner perspective however, these
amendments will provide for the implementation. of the Rural Assessment-based comprehensive
plan goals, objectives and policies, allowing property owners to move forward with development
. activities as authorized. For the most part, this area has been subject to a building moratorium for
the past 3 plus years. By adopting these implementing land development regulations (LDRs) the
County will be creating a process whereby development consistent with these provisions can
once again resume.
RELATED CODES OR REGULATIONS: None.
GROWTII MANAGEMENT PLAN IMP ACT: These LDC amendments will provide for the
implementation for the Rural Fringe Comprehensive Plan Goals Polices and Objectives.
AGENOA
No.
TALIIS32626.S
2
FEB 1 1 2004
Pg. 3 c>
1A
eo'*r County
TO:
Board of County Commissioners
FROM:
Russell Webb, Principal Planner
DATE:
February 6,2004
SUBJECT: Land Development Code Amendments For 2003 Cycle 3 (REVISED)
The BCC meeting for these attached amendments will take place Wednesday,
February lIth in the BCC Meeting.Room, Admin. Building, County Government
Center, 5:05 P.M,
Enclosed are the revised Eastern Lands/Rural Fringe Amendments that we will be
discussing on the aforementioned date. Please note that this packet is intended to
replace the Eastern Lands/Rural Fringe one that you received for the January 29,
2004 meeting. Therefore, you may discard the old one and utilize this one in its
place. The non-Eastern Lands Amendments have not changed since the January 29
meeting when you voted on them, so no new packet is provided.
If you have any questions please call me at 403-2322.
PLANNING SERVICES DEPARTMENT
rrA
EXECUTrvES~Y
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WInCH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DrvISION 2.2, ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL
DISTRICT, ADDING THE RURAL FRINGE MIXED USE DISTRICT, INCLUDING
REVISIONS TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE
RESIDENTIAL SINGLE-FAMILY DISTRICT, INCLUDING REVISIONS TO THE
RESIDENTIAL MULTIPLE-FAMILY-6 DISTRICT, INCLUDING REVISIONS TO THE
RESIDENTIAL MULTIPLE-FAMILY-12 DISTRICT, INCLUDING REVISIONS TO
THE RESIDENTIAL MULTIPLE-FAMILY-16 DISTRICT, INCLUDING REVISIONS
TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE
VILLAGE RESIDENTIAL DISTRICT, INCLUDING REVISIONS TO THE MOBILE
HOME DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL
PROFESSIONAL AND GENERAL OFFICE DISTRICT, INCLUDING REVISIONS TO
THE COMMERCIAL CONVENIENCE DISTRICT, INCLUDING REVISIONS TO THE
COMMERCIAL INTERMEDIATE DISTRICT, INCLUDING REVISIONS TO THE
GENERAL COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE HEAVY
COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE INDUSTRIAL
ZONING DISTRICT, INCLUDING REVISIONS TO THE CONSERVATION
DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING
REVISIONS TO THE COMMUNITY FACILITY DISTRICT, INCLUDING REVISIONS
TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO
THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT, ADDING THE
NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT, ADDING THE
NORTH BELLE MEADE OVERLAY DISTRICT; DIVISION 2.3, OFF-STREET
PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE
PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING
REVISIONS TO OFF-STREET LOADING REQUIREMENTS; DMSION 2,4,
REVISIONS TO LANDSCAPING AND BUFFERING; DrvISION 2.5, SIGNS,
INCLUDING REVISIONS TO REAL ESTATE, AND POLE OR GROUND SIGN
REQUIREMENTS; DrvISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS,
INCLUDING REVISIONS TO EXCLUSIONS FROM HEIGHT LIMITS, INCLUDING
ESSENTIAL SERVICES, INCLUDING REVISIONS TO BOATHOUSE
REQUIREMENTS, INCLUDING REVISIONS TO TEMPORARY USE PERMITS,
INCLUDING REVISIONS TO COMMUNICATION TOWERS, INCLUDING
REVISIONS TO KITCHENS IN DWELLING UNITS, ADDING TRANSFER OF
DEVELOPMENT RIGHTS, ADDING DENSITY BLENDING; DIVISION 2.7, ZONING
ADMINISTRATION AND PROCEDURES, INCLUDING REVISIONS TO PLANNED
AGEN:lAITEM-'
No. I
~
FES 11 2004 \
I
1 pc. I
1A
UNIT DEVELOPMENT (PUD) PROCEDURES, INCLUDING REVISIONS TO
CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT
REQUIREMENTS, DMSION 3.2, SUBDMSIONS, INCLUDING REVISIONS TO
APPLICABILITY, SUBDIVISION REVIEW PROCEDURES, PRELIMINARY
SUBDIVISION PLAT, IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT
REGULATIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS, INCLUDING
REVISIONS TO EXEMPTIONS, INCLUDING REVISIONS TO SITE DEVELOPMENT
PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING
REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCA V A TION REVIEW
PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL
IMPACT STATEMENTS; DMSION 3.9, INCLUDING REVISIONS TO VEGETATION
REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING
REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES
PROTECTION; DMSION 3.12 COASTAL ZONE MANAGEMENT, INCLUDING
REVISIONS TO DEVELOPMENT STANDARDS AND REGULATIONS; DIVISION
3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND
ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DMSION 6.3,
INCLUDING REVISIONS TO DEFINITIONS; APPENDIX D, AIRPORT ZONING;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
OBJECTIVE:
To amend the provisions of the Collier County Land Development Code to serve the best interest
of the public.
CONSIDERATIONS:
The meeting will primarily be devoted to the second of two required public hearings for all of the
Amendments pertaining to the Eastern LandsIRural Fringe, more specifically described as
follows: Sec. 2.2.2 v,., Rural Fringe Mixed Use District; Sec. 2.2.17., Conservation District; Sec.
2,2.27.11., RLSA Baseline Standards; Sec. 2.2.30., Natural Resource Protection Area Overlay
District; Sec. 2.2.31., North Belle Meade Overlay District; Sec. 2.6,9., Essential Services; Sec.
2.6.35., Communication Towers; Sec. 2.6.39., Transfer of Development Rights; Sec. 2.6.40.,
Density Blending Provisions; Sec. 3.5.11., Littoral Shelf Planting; Division 3.8., Environmental
Impact Statements; Division 3.9., Vegetation Removal, Protection and Preservation; Division
3.11., Endangered Species; Division 6.2., Abbreviations; and a portion of the Amendments in
Division 6.3., Definitions. The remainder of the Amendments (non-Eastern LandslRural Fringe)
were previously considered and individually approved during the two prior required public
hearings. Therefore, no packet is being provided for these Amendments as they have not
changed; however, a summary sheet is provided for reference. These Amendments will ouly
require a vote including these provisions along with the Eastern LandslRural fringe Amendments
into approval of one ordinance at this hearing.
AGENDA ITEM
No.
FEB 1 1 2004
2
Pi.
2/
'lA
All of the Amendments being considered were previously presented to, and reviewed by, the
Development Services Advisory Committee, the Collier County Planning Commission, and the
Environmental Advisory Council, where applicable. Recommendations of each of these bodies
are included as part of the Summary Sheets in the summary description of the LDC amendments
and includes any advisory body advocated revisions to the staff recommended changes. The
Planning Commission held public hearings on October 22, 2003, November 12,2003, November
13, 2003, November 20, 2003, November 24, 2003 and December 4, 2003. Two separate sets of
Summary Sheets are currently being provided (one is comprised of 18 pages and pertains to the
non-Eastern LandsIRural Fringe amendments, and the other set comprised of 6 pages pertains
solely to Eastern LandsIRural Fringe amendments). Both sets include summaries pf the review
of these amendments by the above named reviewing entities.
FISCAL IMPACT:
As noted on each individual amendment in the handout,
GROWm MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies,
Objectives and Elements of the GMP.
PLANNING SERVICES STAFF RECOMMENDATION:
As to all of the Amendments, that the Board of County Commissioners review the proposed
amendments to the Land Development Code and approve as submitted, in accordance with the
attached Ordinance.
PREPARED BY:
~'1-/"~
RUSSELL WEBB, PRlNCIPAL PLANNER,
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
;)..-5-0'-1-
DATE
AGENDA
No.
3
FEB I I 2004
PI. _1
REVIEWED BY:
D~~I f
SU J\N MURRAY, AICP, DIRECT R
PARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
APPROVED BY:
tttf
J SEPH 1(. S IT, ADMINISTRATOR,
OMMUNITY DEVELOPMENT &
NVIRONMENTAL SERVICES
1A
~;
,
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"
February 11, 2004
MS. CHUMBLER: No, this applies county-wide. There are
specific provisions in this that are applicable to the fringe.
COMMISSIONER HENNING: How does this apply to the
urban area? If I cut my grass, I just want to know if I need a permit.
COMMISSIONER COLETTA: If you've got wood storks there,
you do.
COMMISSIONER HENNING: I do have one next door.
MS. CHUMBLER: If you look at Page 163, it starts offwith the
general standards and criteria. ---
COMMISSIONER HENNING: How does this apply to Golden
Gate Estates? Does this ~pplYJQla:wns'L
MS. CHUMBLER: Sin le-famil again are exempt.
COMMISSIONER HENNING: How about estate o18?
MS. CHUMBLER: All single-family are exempt throughout. -
COMMISSI0NER HENNING: Okay. ~
MS. CHUMBLER: That's at -- if you look at 1773.9.7.4.
COMMISSIONER HENNING: For lands within SA district,
native vegetation shall be observe. Is that the one?
MS. CHUMBLER: Actually it says single-family residents'
retention standards found at 394. If you look at 3.4, there aren't the
standards, unlike for the rural fringe where you've got specific
percentages, they're not those percentages for Golden Gate Estates. .
COMMISSIONER HENNING: So we're considering
single-family Golden Gate Estates also.
MS. CHUMBLER: Yes, but there's not those percentages of
vegetation there.
COMMISSIONER HENNING: I'm sony.
CHAIRMAN FIALA: No, that's good that you brought that up.
MR. SCHMITT: Page 169, it says single-family resident shall
follow contained in S.ection 3.9.5.4.B, and that is on Page 170. That's
where you get into the criteria for single-family. -
COMMISSIONER HENNING: Here it is. Located in the estates.
Page 142
"
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,," ,
February 11, 2004
MR. SCHMITT:. That's no different than what's required today.
You need a pennit. Wetlands delineation state permit. That's for
wetlands, yes.
MS. CHUMBLER: Right.
CHAIRMAN FIALA: Any other questions from the
Commissioners?
(No response.)
. CHAIRMAN FIALA: Okay, we have a motion on the floor from
you?
COMMISSIONER COLETTA: I'm not too sure. I didn't make.
the motion yet.
CHAIRMAN FIALA: Oh, didn't you?
COMMISSIONER HENNING: There was a motion.
CHAIRMAN FIALA: I thought there was.
COMMISSIONER HENNING~ There wasn't?
COMMISSIONER COLETTA: Then I'll make a motion.
COMMISSIONER HALAS: I'll second it.
CHAIRMAN FIALA: Make a motion to move as presented --
COMMISSIONER COLETTA: As presented.
CHAIRMAN FIALA: -- by Commissioner Coletta, second by
Commissioner Halas. Any further discussion? .
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
COMMISSIONER HALAS: Aye.
. COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: . Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
MS. CHUMBLER: ***y ou've already approved tab M, so the
last one we have is tab N. And there are no changes to tab N that have
Page 143
1A
(J<'~- o()
.Ii. Upon conclusion orthr.: hearing the environmental advisory board will submil to Ihe bOill"U 01"
count}' cOl1lmissioll~(S their racls. fjndin~s !.Iud recolllmclldalions
J,/II/dCK/
?
L The bunnJ ul'cUlml>' commissioners. in rcgulOlr session, willl1lukc thL' Jim!1 dl.:cision III
ullirlll. uverrule (ll'llludify Ihe decision (lflhc develupment services director in lighl uf' Ih,,'
rL'cumlnclldilliullS orlhc cnvironmt'lllilllldvisury buanl.
.
.
.
.
.
DIVISION 3.9.
__"r~~""''''''''''~-
.-----,,---
1- ~
AMENDMENTS TO DIVISION 3.9.,
':VEGETATION REMOVAL, PtOTl'::CTION
~NI) PIU,SlmVATION
-l -
Vegetation Removal, Protection and Preservation, of
SUBSECTION 3.K.
Ordinance 91 -I 02, as amended, of the Collier County Land Developmcnt
Code. is hereby umended to read llS follows:
llIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND
PRESERVATION
~
.
.
.
.
.
.
3.9.1. Title 8R5Il!'lhlf+e1h TITLE AND CITATION. This division shall be known and may be
cil.cd os the "Collier County VegefDtion Removftl, Protection and PreservDtion Regulotions."
J.9.2. J1.IIPIIl15e, punpOSF.. The purpose of this divisillll is Ihe protection tlf wgl.:l:LIioll within
Cullier CUllnly by re~uhlllllg its rem tWill; to assist ill Ihe cuntrol of' l1uuding, sllllcl'Usiull, uust.
hClll, nir pollution and lIoise IInd 10 Jlmintain properly, ucsthclic Dnd health vulucs wilhin Cnllicr
Counry; 10 lirnh the use of irrigal ion water in open space areas by promoting Ihe prescrvation of
existing plant communities. To limit (he removal of exisling vioble vegetal ion in alvllnce oflhe
approval of land development plans; (0 limit the removal of existina viable vegetation wnen no
landscape plan has been prepared for the site. It is not the intent oflhis division to restrictlhe
mowing of non protected vegetation in order tomeel thc requirements of other sections of this
Code.
J.9.3.l.pfllieIlBUiJyr APPLICABILITY. It shall be unlawful for any individual, firm, nssociation,
joint vcn(ure, pt1l1nership, estate, trust, syndicale, fiduciary, corporation, group or unh of federlll
stoic, county or municipal government 10 remove, or otherwise destroy, vegetalion, which includcs
placing ofadditionnl fill, without firsl obtaining II vcgctBtion rcmovltl or vl:gclmiull removal muJ fill
permit from Ihe development services director except liS hereinufter exempted.
3.9.3.1. ~tiBR9 BRd ~lleepliBR!. EXEMPTIONS AND EXCEPTIONS
A. NBMa EXEMPTION. Devclonmenl in NeMa Receivinl! Lands arc excmot (rom
the nroVlsions orlltls ~ivision
f!. EemiRal, BRd ~1ieeesl:llr.ee Triae ElfeeptiBR. SEMINOLE AND MICCnSUKEE
TRIBE F-XCEPTION. 61leept lhat I1n accordance with F.S, 0 581,IB7, vegetation removal
permits shall not be required for members o(eithcr the Seminole Tribe of Florida or the
Mlccosukec Tribe of Florida Indians, subJecllo the followinG, conditbns. Sllid pcrmll
exemption shall bc for the snle purpose of harvesting select vcgcUllion, including but not
limlled to palm (rands and cypress, for use in thickee hUI construction, or for cultural or
rcligious purposes, and tribal member Idenlification andwrlllen pcnni!iJllon from thc propeny
owner must be in possession at Ine lime ofvegelBtion removal. This exemption shllll nOlllpply
10 general land clearing, or 10 agriculluralland clearing, including silviculture.
C. AGRICULTURAL EXEMPTION A2rlcuhural oocrations that fall wirhin the scooe of
sections 163 J 162(4) and B13 14(6) Florid! Slatutes tlre exemnt from Ihe "rovisions of~.U
thrall!!" J 9.9 nrovided Ihnt II.nv new\clenrlnu oflnnd far ftgri~rc outsid~ Ofjhk..B.LSb
Dislrict shall nol be converted 10 non~tll!'ricllltural devclonmenl for ')5 vears lItll~sil!w
anolicable orovlslans scrforth in Sections J 94 IhmUl!:h.J 96 are BdhererllO 81 rlie rime oflhe
conversion The ncrcentaue of native veuelafion Drt:!erved shall be cnleulsled on the Olllotlnl of
Page 125 of 174
Words SIFtI~l'eugh ilrc dclclCcl, wurds underlined IIrc udd..:cl
Vl.:l!clulion lICCur.dl.llL!!!Jhl' limc Ill" lh~ itl!ricullurul clclIrillll tUll.! if lCllInJ III l1l' ddicill.!lL,JI
lli!.!.lw obit,1 coimllunh\. sllllll be r~storcd III rl"crelll~iYulllnl communilv in all 'hre~
slralll ll!rnund,co\'crs .1brnbs nnd Irc~s) llIi1izimLJarller n!unL!llillll.li!b~.!Q~uui~lli
~:~~..Ill1..' IQli.!l!i!IUl'c ~'!.llillill.im1
f>. P!tF~I~XISTINU !.JSES. F.xemnljulls thmllht: r~clllir~lIl~l1l.s of'Sl:clion 3,2ci.!!lil!ll!IJ.l
].2.~ shall unumn!LI!l.. i!llh'[ UL !i!pJLl!l!.:..t!l!llh!!illl!i!ll_!![ !I~~~ ~rillu!l tilt; !~E~t~!n ~rhj~h
~~.~l;;l~'ll ~:;\i::l!m: n!"i!!( 1.1.' hlll~, J2.1HU~,
1, _~m;h l'x1'ilil.!.!;.~u!ill!!1[!f!lJIJi:: l!lilll~.li!&I!!!:,.ll.wflut!!l:gj!ljr~!l m:r!llil~_.ll'~D:'.i!i:i!!~11
llrinr 111 lLlll\.' III :200'" lll' llli!.i~els ror ",hich II COtll'!jlh.!!.!ilIJl.!!Lrn:~l!!:tliliun lill.l!.~J)
i!J)nroved h\' Ihe COllnlv orinI' 10 June 19 200'" or hllld use nClilinll~.lor whikh.....i!.
j;Q!!!~~!!..!mn1icaljol\ Illls bcen submiuC'd nod ",hidl hnvc~~lerlllillcd 10 be veSled
frwu.j~L(!llJW!!1mel1ls ur the Finn!. Oruer nrior 10 June .IQ JOnL...J]ULgmtllliliU.iml.!!f
~f:i!Ull:. !lliOi ;ill.u!U!!S.hul~l:xlJal1si()ns.ill 1l!..illi~ l!!i.!:lijr.~h.!:o,5llil!1~Q!1.ll.jlno. !:1!!!n!!g,y!!!..!ri!h
l.lrch:nrb:...l!!l,jJli1n:J!!.J.bJ:..~istill.!!...lli.la..
~ orcvilluslv anorm'ed tlcvcloonll:nls shaH be deemed 10 be eOllsislcnl willi ill!:
.Q.M.e.....Q..mili....folicics Ilncl Ol!jccli\'es..fucJb!:..R.EM.li.l2.OOrkl......nnd..!O!:.i:.!!!!.!Y hC.byilt.!!ul ill
!!..t;i~!rdfln~ ~!"ll!uh~iL.nrl!vi(lus!y.JlUlm.!Y!:tl.Jll.illlUlJU!!~ _!Q.Jl!~~~. m~yjQlHi.j!nnm~!! It!
~hil!1 ,Il~t! h!-! l!el'lll~'III!l hI.' Ctmsj~'l:jll \\ i!l! Ih~' n~11' ~;II;!I~, l)hj,,~livl.'" ;llltl !'!llil"i,.::; Ii... Illl'
g !":M!.I.. !2i1!!dn. i!~. !!!IU~. J~_w.~.L.~!l ll.!!1.!!lli!!!L !!J. i!!.I. j!!!;r!';!.Ili~' in. y\,.~,Ij~!I!l.!h~t!..l..d.!:;mi!r. ~lr
im!:I!:iID:.
L-I~XEMI'T MANCiRQY.ULTERA'I'ION PROJFCTS MlInl!rovc nhCnlliol1 \lwiecls
lhal .arc excllla!cd frulll 1~loridll DClmnllllml or I!nvironmenlal Protection nermit rcolljrcn~
P\" Fltwiilii.Atllllil!illr.ull~17.J') 1.060 Ilre C'!o:emnl from.nreSl:rVlllion slnrdlJrl.ls ror lhl:
mnm!.ru\l! In:cs unless the,- ore tlllort or 1\ "reservc, Thi!O e:-:cllloliou.mn1l nOlllu.n!Y..lv
!!li!..Dl!l'Uve lI11ernlions or rl!lI1O'o'nl illllllV oreserve Ill' in (lIlV urC'n where the mnnl.!ru\'cs have been
nlli!!lli:!I. ill sUlisrUclinn of Secdl11! J .9.4. The ('ollieI' County 6Ilvirol1lll!lli1~~Qn:....C.QJ.Jll~il
jE,\C) nUl\' l.!f.l!ll1..lL1!lrjllncc III lhe nrovisimu; ,,(Ihis seclion irComDlillnc~!!J.J.J..!L!lill!!,gmy.c
lfc,;o nri:SCrVllllnn slllnunros orlhis I)ivision would imoose n lInjnue lint! unnecessnrv IllmbhiP
!:llllhe oWller ur on\' tllher Derson in cOllrul nr nrrccled nroncrt\' MllllcroW Irillllllilll.! or
remuvlll for II vie\\' shnJl /lOI be cUllsWercd n hnrdshiD. Relicfshnll be urnnled onl\' 1l110n
di:mon.~lruljOl1 bv IhcJlIodowner 01' arreeled nn.!:!Yllml such hnrdshill is U,!;fl!U!1Ltlllllc an1:cil..'~
Plm!!::m:.l!!!!!.!!JlI~!.E:ilJ!ntlscl.I utili llml 1h.!~....J::l1!!!L!!(lI "1lI'jam:e \\'ilLlli::.f!.!!.!~l!,.'l!! \~il!!.1h~' ill!!,.'!!]
orlhis division IIntllhc l!rt)wlh mnl1rtL!Clllenl olnn.
Sn:. .;J,9.1. A~f1lil!t1tin nl\uif.eHTeftts.
3.':'.1.1. Or!;/!' fie, ,,:t;, it.,I.i, d. ~Je egelatiell reme Bllll!Fffilr SADlr Ill! isslIeEllJ;. Ihe plamlRg
seFYiees lIjr~eler lllHfl-aJHp~jeayle r.!deral-&R4-5f.ale'i"'&nJ-eEHllllj' BIJIlre' SH~!Sflftt~~1te
dl!-Y~hlfJIlU!llH;el'-Yic~-di~cler-llltve-been-{jbI8fAlld,....:r~I~slHlllpr(W*h;...mlty-jl1dude.UIIIIII'L....1l111
lilllilet.lW!
H-uiklin~ ~~Rl its, (~!;Sl!~1 iR III:!E!llfBSRSC ilk ~eelieR J.::U.J,e. IIrlhHH....=.I~
s,w(...fIiI-4FeB+ltl tHu-fS=8--t1tW1Hapfllllllf--ptffi'i it7.
tJ.:S....AFnl)'..GtH:~er-G.~ltleP.i--plH'lH-it!H)I'.lHrempHtHt,.
RafKl~aAffielH-ttf-Gtwfl:emnenlit~-per=mitsBre'l;Ill'pl.felt5.
lJ:.S.:....Hs1HHt4-Wi1tUl-fe-Set'Yi~Is--ef-e*eflt~s.
F'll:lriela risl a'*'-WHf:I~I' SlieR C8ffiffiissieR-Jll!Flfli15 sr DHBlllptil:lAS.
&uUltH=Ll~~Wa\ef-Managenlat~-GisIFwl-pefm-i~-,*,~pHalfSo.
OtkBHppliellyle sgelll;lJ" re' i~'''s BI'-pef'lRils ar el:eRlpHoRS.
ldt!leF-G(l1;l ~Pf*&Yitls.
),1].4.2. J.p1'J...'uJ/iB I Hi) He ,15. ApplieatisR ray Il ,egetstieR reme,al perffiit shall ell sl:lBfftiUed Ie
~e Ele"elepmeRlsen'iees tJireeler ill ritiRg an a f8m'! pra 'ieJeEl \;)' lhe BIl' 018!!111:18111 ser .isl:ls
i:IepsFllflenl.
The BpplieBlisR sRsll iRl!huh IRe fells' 'iRg iAHlFRIatieR:
J.9,CLl. A geRers1ii!ed ,lIg11l811sA lA"eRlBF) liieR iAlllweles:
1. C~,Ie.a.';_H ~e-a'.!J , i.n8ms?}. A geReralii!eet I!getatieR in 8ftle~ sRall fiRS, IRe
sllpraJdmsle JS6stien aRB el:leRI efvegelBlisR I:lpBR Ihl! she, The iR'.IIRIS!')' shall-fi..N.s~
lhe lIlBsIl!I:lFFellI s',aila13le iRfsfI1utieA, Hr IlSRl1!9idel\lialllfla f11Yllifalllily eta' ~IIIJlfllelll, lilt:
iHWlU8pt-Rl&y .be iA Ihl! rtlfm 9r-ilIHtWt&I-ef...a.+j~KkL~lld.mtt~IRI*u'!ied.~'
phalegraJlhs er ia8elll~es i1!Y5lFsling Ij'Jliesllln!IIS sf ~gl!lalisn rJfJranel!l::I (II !!II~ltiIlIlS BlItlu:
Berie! Sf sur l!J. Bill sklllH-lellrJ~ iJ sIBBie hsbhlll t) p'"'s any j!lr8leewU~~Ild--tHily-b~
BfieSRlpaRieel h~ j!lRels~rsJ3Rs e, ilJI:!IllapSS i1hlslraliRg 1~J3iBal areas 91' .!gelLllie-tt-Nf~'l-EeJ...\.o
rt6si.isRS 6" Ih., serial ef SUf\ ej. The ge~lkeS egelslien jflwm~i.be-pfepIU'tHiill
SGfM-fMRAer "'Ii ish aleed} iHUGIFall:!S IRIl relelienships hel' lien Ih~~i9A-ll"u:I~l:ke
p~~re'.efflel\'s.
Page 126 of 174
Wllrt.ls s/:t'ti~~ are t1cll:lr:tl. words Imtlcrlillctl tlrc iIIJl.Il.:d
'lA
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1,. . (h'lI..rc"i!''iJ~.tljll~/~jl.\.m~.m/l'll,..mlh'''flhlllfi/JJ1.' :1.11~1;~IIl.!"i1Ii:l.l;ld"YC!;~tltlhlll-illVL'I1Il1I'Y
~kllll-I:H:HICl!UlllfJHllitltJ-h')'-tI-91:i..!I:Wl'ill1ftl-ti~lr.HMl;l1ll-6f-th~li-hUl-I ''''lHH4HlIlil~e;,wlliuh hIlH,bL'~n
ilklllilil.!d 11IIIhl.! ~il~,.Th~ H.!iSI.!SSllh.'lll.slmll illdlll.lu 1m ",,,,..luitliUllllfdliUllcl.!I'itnd lJui1lil)' nrlh~
Jlhlllll;nUIIIIUllili~s idl.!lllilirJJ, indlllling Ihd.. fllfil},Vlilhilil)'j Hud !lUlll, ~Ilh\.!f'ph)'sioal
c1UIl'/Hlll.!NSlil!-S-itlh:l-ltlIlIOfSo whillh"'IlHr-!tI=tI.!&Hlll~if-j)A$~I'\'II.i'Hl.':I.:jte-ill""llntlUY IIS:01.!5SIM~"f1Hd
I.!Hihlill~Ull shitlllw'rll"l.!j1Rh!lJ.h}.-1l PI.!FStUl-knt)wllldgllilhlll illlh~-iJl!lIlili"llti~)IHilld l.!YiiltllilillJl Ill'
"'1.!~I.!IKli....\.. fl!SIlUrCl.!.!i. snoll-RI> tt-rllrtlSh.!f,-binlugisb 1.!l!lIlllgisl; ~\(nlkllltlll'-ish,hmJst:HI)1.!- llr"hihlCI,
111"C:I.!f1iliI!J llllrsl.!rynlltl1.
. ;..-~WifIHtlhk.".MH;tHtf.II-~/f'I'HIHIHm.-=l:Ik!-d~lllpl1ll.!nt-St!fTilit!IH4i~ltlr-IlIH)'-n~qtlift!-IIIHI
lht! IIpplkilliun" inwltlUoI1tlU11..i1lk.1itiulUll-inlill'll1lllilJl!. whit.'lt-is'l'o;!ibllllllh!.;o Hlld ll~'C.;o!;Sw'y IiII'
1111L'lltllll\.' a+.lmini:lII'itliulI urlhis ~Ii...~iull..
;,I,l,+.~,,l,.-" -A-sii~n..whwk-Hwlul:!~
I,. --IJt:up~~illlo:!H!litH\o!i-.
~htte;tl,ilHl-&HlrisHHg..iltfflt!iINffilFtHtAd-ttlleFMinH~.
J.---I';Bl!iiHlJft-t;ll=-protJl>SI!'U-Slflltlhlr~slFlIl:Ht+ffl-lll'lt.l-ltlt(!raliflR-li-.
.J,-.--":I.ll~'M!Il.iurHtlld. spl!'l!ies-oHll-tJftJh~t.I~W~t'ltllit-m,-I"flrt.lt-slfllu..ls--t1r-II~in~l"," SfI\.'t'iuS. .
~lldl'KS.l.'ypf\.!"1i h\!ilUlIi llIily.I~-indiL,lth!d ali if gnlHl) ,,,,ilh .11I ill1pn1sinlllll.! lllllllhur III"- IIl"1.!iI.
~--.....s~il*..j~~nlilitialil)tHtHtlk~~~~.
€r.-':'---lffiigflt4Ha~f~lWak!&l~~~ittM-!:\F9~~f@II\oEAAI~.
;L,.--t..m"flI-it"\--6Hd-tkiai-lH~l1teHw-bar.fiealHHg~'-=-1ht!--Ye!:t!'talj~-lo--at'-1't!{8iHeJ..
x. 1}t'st!I'~~l'ltre!ie~~liU~~.
'.t. L)t!sE'ripliQfl-.8Htl1Y"pt'6fI~iAf.t!MM6IHfifflm.il\g-&Hrntngf&Ws,
;~AI)~~tI~n~H"whj(;MI-I&kKlI$:
I. r-riln~t!. a~8Fe!i!i., a~Re tlfprepl!F'I} t! 1W'f'..
~. ~hllm, aSBl'e!;5r8lH:I Jlhell~ efsltlllllrli!.l!d i;l!ftl afld 611 silt! repfll'Selllali ~.
_. Preefare.....nenhip.
of. ..I~!!III-t.lt.!st!r.jplillll,
$.:------K\tllSOM--faf1*l-J~HttWttI,
~. ~111lhell:lla discin';klish .llgetallsllltl Be remS\t!8 f.fell1 \~gelaliafl III ae",rl;!ser J~ tlfltl
~freme'al.
J.t-.sIu*l'hi-be..oo~he-FeeI5jSlef\'. arllu!' egelati&H-Shall alsa eu flr9~.
1. ~ignBI\:IFllllr pFllJ9efl)'-9WRer Sf sepj' er II 5l'luir::ie I111AtrBl:l1 sigRl!d~~H~,
J.9.1.2.1. VegelalisA ralaealiafl plaA.
If. egotatlsR ftlleeBl.ieR is pfSpe911d B~ tRe appliesRI prier Ie sile de. t!laIlRlt!RI plan, B!lflS1FUEtisR
plllR er elker liRsla"'llfe .als, II ., egslallen releealiBA pl!fl"il (. egt!taliBR reme. 81 permit) RI8y-bc
i!iSlled 8) IAe 80' elepmaRt sar ises diAlelsr pHl. is.ed IRllHHHt.R Be del1lef\SIFB~r4y
~~AlaHeR-wi1l eFlhanee the sl:Ir:ival ertlte falelBteEl vllgalelisfI. The et;tltBHttR-fl!leealian
IlhUl5~alJ deewnUlII Rlelhe"& efnlultlelt, tilHiRg efFeleealieR, "Blaring pI'S' isiaRs, f\u,in~
BAd elher iflf'arfllBli8Jl a5 ra'lkliraEf 8J IRe de ,lapMRI 511f. ius diruler,
3.9.4. VEGETATION PRESERVATION STANDARDS. All dcvclooment not sDccificallv
cxemDlcd bv (hi! ordinance shalllncol'nOrafc at I minimum the Drescrvollon standards contained
within this scclion
39.4 1 GENERAL STANDARDS AND CRITERIA
A The ortscryat!on ofnBtiye Vtt!clBtion sholl inch;de canonv undcI'storv tint.!
[!round coyer cmcoasizlntr the lan!e~1 confipuol1s nrclt oossible excenl os olher\V~.l1nlvidcdJJI
S,gclion 39.7 I E
Page 127 orr74
Words Gtrwel' tkrellgl. are deleted. word~ !!utjcrlined arc added
1A
}
.-......e
,.
n. Areas Ill/II rullilllhc ",lIive vCl!clnlion retention SlntlJllrds IInu c:rilt:'riu o[ this S~clinl1
~hlllLhc 51.'1 nsit..lc !!1..Ufl.'!icrvc nrcns 5ubig,1 h!..1b..!,;,.f.saw.i.J~1!um(S Ill' S':C1.illILt2J...S.im~!!::.Ji!!!lib
C!.:~iililliCC!i lire Cl;rnlI!!.I!illn.1h!t.EUU!o.:t!lI:lllli..!!f.fu:!.1iilltJ,!;!,Z.
~__~!O!:.IT... al'l.:!lS shall be sc:lccll.'l.I ill ~1Il,..h mUllner nL~n:uk...fullim1!!.&..lu
~~~!::!lQi1U:L_m:~~!.!f .w:igriU:.. .~~~IlLl!L Ub: _!;fl!:OLlb.in_r.r~~mu.h!!Li~ mmh:...illilllUllI!1!:L!!l
~];!;Ih.J!l~},~,~,J-~i!m! .1,1)&,,,1,(,;
L... _ Onsitc \l'c1ll!Uds hnvi!!,J,l. !!!Lns.scssct.l.!ill.!.la!nnnH!~nr.Q,.Qj.!!r:.J:.[J,U!tr,:r;
L .t.l[gll:i.....hnnwn \0 hI! utilized Iw !h~lccl S[!~;L.!!LJhill SC'~.J!L!;Q!!ithll"~ lill:.JIb:
!1..!.!!n'!!!l:::m_nL~lH~!!ifi.:;
l...._.ll!.lLYllhrnd habital Illnt serves os Ii hurrcr 10 P \\'clhuuJ Ilrcn
:!.~islcJl}lnllll1n4..m.!lu\iIISLlCcicshahillllS
,L._Xcric$f!!!h.
6. Dlln~ i1nr.!Ji!r!!!lll Hanhvood HiltlllllOcks
1.:... _!2n:..fr.!lUi!,;".,.I1n~ [!UIWllotls.J!.!U!
K. ^ IInlhl.:r uplnnu hubilUl!>.
. 'J. l::xistiul! llRliw Vl.'I.!Cllllitlll loc[ucJ contil.!lIOllS 10 II nUlLIr;ll r~scn'1I1ioll.
D, Prl.:sl.:Piution Ilr~lI~ shall be intcrcnllllccleu w~ she Iind IO-!!ill.Y.in.iug,...!!!l:::li!!t
nrcscrv!!!.!!2lL~~W.!l1k currid!!!1..
E. I~...lli~_gfelllest e.\:IClll nos!>ibl!t...-lliUivc vt.'l!elillion in L111i11l111It.'S :llIu 1~:~....li~Lll!r!l.!j!l
-illriililli.MJ.!mll be incnrnornll.'d jilin !illlLlsClInC deshms in 9~gUQ nrullhll~J!H~_~~[yil!J~
lli:..IulIi\'t.' 1)11111I ['OlllllHlIlili!.1.lllllJ 10 cnCOUriil'C \\l'IIt:rconscrvlltinll
J.Y...". ,i'EClrIC ,TANDARDS APPLlCABI.E OUTSIDE THE RFMIJ AND RLSA
DISTRICTS. DUlSiclc Ille RfMU and RLSA DistriclS nolive wl!ctillion shnll be nrcscrvctI on-sill.'
lhruul!h Ihe D1lOliclIlion of the rollowinl! oreservolion Dnd vCl!ctnlion rclcnlioll slnhl!1U'(ls IInd
crill.:l'ill.....illllcss the clcvclonlllCnloCCtlrll within Ihe ACSC where the ^CSC stondards rCrl.'n!nccll in
the future I.nnd Use Elemcnt sholl Roolv "nlis Section shull nol ooolv to sinl!le-rillllil\' d\\ld!.i!.Jg
units situaled 011 individu!lllots or onrcels
A. REOUIRED PRESERVATION
D~velonll1cnl '1'''''1: roaslal Hi"h Iiaznrd An'a Non~Consrnl Hi"h l'm',urLl Arcll
.--....-
l.es.s limn 2 5 ncres 10% l.t's.silmn 5 acres It!%
Res.idential Bnd Mi.'\ed Use Eauallo or I!relller Eells/lo or l!l'elll~r Ini1n 5 acres
Dcvclol.!Jll!;!ll thnn2Sncres 25% find less Ihsn:Wucres. 15%
EeuallO or
I!rtllllcr limn 20 acres 2~%
Golf Course 35% 35%
Commercial and Industrial
Develoomenl and 1111 Olher Less than 5 acres 10% Less Ihan 5 IIcres. 10%
non-soecined develoomenl
ll<W Eaual to or I!realer Eeual to or
than 5 acres. 15% l!realerthan 5 .!lcres 15%
:ruhlmiiJ
DeveloDment (Rura/-lnduslrial 50% not to exceed 25% of the Drolecl 5(J% nol 10 exceed 25% of the oroiecl
Dlslrict onl...) W. ~
B EXCEPTIONS. An exccotion from rhe vCl!clalion telenl10n standards ubovc shnll be
I!nmled in Ihe followl"!! circumslaoccs: .
I. where lhe nnr~cI ",ilS Icnilllv ch:un:d of mtlivc vCl.!claliOIl nrinr In J;lIl11illY..!.2!!~:
Page 128 or IN
.....t...__._t........_...
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2._.~\:1!~~ !ll\< p.!!~L!;..Ill1l!.r!:l.r!lli~!!U!h!x aCClllllluruJlll!i.P....!.H!uh!ulP.r.lis;mh.!!! .Hf Ihld..mnjY!l
~.gg~!1limul<.!.J,;l!!inll. ~H!Il~unla..uwUl1~.Imm!l'iCU .!.!lilCS ll!!mr!:dJ.!!!~1<r..l!!:lli. ('t~~!!~l:1...1!.!
t!l~ !J:l!!.l!iiUiJ,a. !~~!1h..i!l1il:.tli!.!l.!:l,Q,LL.!i,
~,2,'U' ;iP.ti:lEI.LliT6tl1.!61U2:i..E!..m_I!W ~fM!L!1!~Tg!LL.,12[ L.ill!b!;L~\':i!!!j!! thg. g!:b!l!
\ )i:mj~l, !li!!b.~ n;I:.!:iI!!!il!l1li!mlt.blO' m1<~rm l!m.!\um !b!O.1lI~L111~!Jlimu!r Ill\: r!!!h.m il!~ IUSlis.:r'imil!lJ
~U1~! ~~g~lill!uu..f.!:I~Ulil.!!!.~i!mlunGi..illU!.lli~!:.ii!:....ill.illWiliilllll! ~:.\~lli:l'ilJb:'.mmti!.::!hh.: :iH!!!!!;!!'!!:!
!!!!!J.!::ril\rrm.l!O:\ fUl"llLin SO:L'1.i\lII J,2dJ~
&--_FMU RECEIVlllill.ANDS OUTSIDE THE NDM(1
I. A minimum tlf .W% Ill" Ih~ llillivc \'tl!.!clnliulI nresenl 11(11 It) exceed "'i~'II.ullluUQ!.uJ
~~;J..!].I.lj!illll.!!!u2rcsl.'n.o:d.
II. On:'sill.' orcst:rvatioll 511.,11 be nHowcd.....llLn mlio tlf I ~l it:.lill!O!L,UQ:a!!!:
nrcs~rvllt ioujlli!cOlll.'tI wilhin .BfM1LS.!:illgi!l!l.,!,i!!!!1~.
h. OI1:'sile orescl"VIlliol1 be nllowct.l III u ruliu Ill' I.S: LiL:lut.:!L_!!fr:Ji..h.~.
JlrCSl.'IIUlimLlli.lu~n\~d.!.!:UUi!!~.fu:n!.tiUlLl :!IT!ll;,.
. C. 1.lkl.' lor like nn:~crv:llion shall be ..I:WujMLfuLfmI.li:!mUJ!II:!:!.~!.!:!.!:l!.1Jti~U.!il~
!1ill111l!~~Ctlmlllllllilin.
., Where sclltlUls <1111.1 olhl.'r Dublit.: futilities arc cO.IOClth:d on II sile tho: Ilnli...e vt.:l!elmioll
.Dti~.l.Uion n.:guirl.'lll.tUl!!li!.H..!!s..JQ~,i o[!h.:.nlll.OOUSJ,;!:lll!!illi1..nrescnl nnL lu C'x!,;~~~!.~
l!u:lii~
B.
NFtlTKAL I.ANDS
Lln Neutral I finds n minimum of 60% of the nnli...e Vl:1!~lnlion orcsel1l nol 10 exceet.l
4.5% utllie 100nl she nrcll sllllll he nreserved
" F~CC'l)lions
n. In Ihose Neulral Lunds IUClllCd in' Scclion'4 Tllwnshio -19 South l{illll!L'16
r::nsl in the NIlMO Ilillivc Wl!Clillion Shill! be orc-scrvcLl ,IS sel Ihl'lh in S!.i:~lill!J
U31.5.11.
b. Where schools and ulher DubUc facilities are co.located on a sile IIle notive
ve"emtion retention reQuirCmenl Shill! be 30% of Ihe "alive VCl!elalion orese!!!...lill!J.Q
exceed 25% of III I.' site.
L RFMll SENDING LANDS.
I. In RFMU Send in!! Lnnds Ihat arc nol wilhln u NRi'A 80% oflhe mllivC' VCl!l.'llIlitln
"rcselll on site shllll be oresel'vetl or os otherwise oennilletlullder the DCllSilvBlcndinl!
oravisions of Section" 6 4Q' Orr-sile oreservalion shnll be allowed in smislaction o[yRlQ
25% of the site nrescrvlltion or vel!elat!ve retentIon rcOtliremcnl ot 0 rnlio 01' 3: I if such
ol1:silc orescr...nlion is locnled within or COnlil!lIOllS 10 Send!"" .I.nnds.
2 In Rfo'MLJ Sendinl!. Lands that are within a NRPA 90% of the native vt:l.!ctatiOIl oresenl
shall be Dreserved or such other 8mo,,"1 as mil'" be oennined under the Densitv Blendill!!
nrovisions of Section 2640. DfT~slle oreservotion sholl nol be credited toward
satisfaction oranv orlhe vel!elalive retention rClluirement sDoUcable in such NRPAs.
D. GENERAL EXCEPTIONS
1. Non.conformlnlZ pre_exlstin2 Parcels In order 10 ensure reasonable use and 10
DrOleet Ihe orlvate orooerrv riGhts of owneR of smaller carcels of land within the RFMU
District includlnl!' nonconfom\inlZ lots of record which existed on or before June ")1 1999
for lot! Dareels or fractional units orland or waler eauallo or less than five (5) Bcres in
size notive vCl!elation clearion shalt be allowod nt "0% or 25 000 souare feet oflhe 101 or
Dorcel or fractional 1mil whlche...er Is dreBter exclusi...e of Dnv cleorinn necessorv to
orovide for 0 15.fool wide acccssdrivo un 10 660 feCI ill Icllnlh. rur IOht llIuJ mlrcels
ereoler rhan S Beres but less Ihan 10 acres lIO 10 "0% of lhe oorcd mnv be clenrl.'d This
allowance shall not be considered 8 maxImum clear!"!! n!towl1nce wllere olher ortlvisiolls
orlhl! Plan Bilow for greater clearinl!" amollnls. These c1eann!.! limitaliOnJ shllll 001 crohibll
Ihe dearin!! or brush or under.storY Ve!!clatlo" within 200 feci of slnlctures in order 10
minimize wildfire ruer sources
". Soecific Counl....owned land On Counlv-owned hand located in 'Section. 2S
Tnwllshin 26 E Rnnl!e 4Q S (H-?60 llcrcs)....!!J..!Lnnli~_~l.\!ll!Ui!!!L_rc.JJm.t!mL.i!II~L:d'..-:
['ugc 129 of 174
W'ml~ -.l"'~4u."....'" :m~ 111'l1~1',c1 wllrd~ 111l1lcrlinClI :ll"e added
1A
~
.-'~
[lr~sel'vnlion reuuircmenls mIL.... be reduc.:u to 50% iflhe m:rmilleu Ilses <Ire reslricteu to the
nOl1ions oL.l.lliL.[!l.!!l2!.t!1Y..1b..1I nre COlll~ 10 Ihe exisli!l!& hu\d nJlgncrnli2.!.1!:....,gSQ!k
n;.nllwlll wi1I~!,!;.gY.;I"l:If.uu.lhe Cllli~ !lg'~S,
3. Discrdirlllnr\' EXCClllioll for Ess~lllilll. Puhlic St:rvic~'s The.J;illllill!.!!!.iJ.y.sk.r~Ii.'mUl~UI
!!m! ~uy.in.!IlUl!mI~u:kes atllllilbItiIlUr...!!Lhh!~!J:ill.Uls:41ll!!.Y....!:.!:ilUIJnil.!,g!1
~~gn!lnhm~Ju.lh~ J1bL!~ mml}:IlLi!.!Il..!:lru1!IL~Jl.1~!!ll! 1Ul !!.Sriflllluti.!!b: .!\.!!u.~!!.r.rm.!!.:!.!~.fur
~i~!!!.h1llll!blic sel:vic~ !illi.!!!ill!!!.:~ll ~c~'lilll~&.2),~h~!:l:..i!.E.!L~!a.!l\.!Uili1!!cl !lli1!ltlJ.:
~!O.D.'!!!lllu..o:!J!.I.iD;m~_am!..Illi:.la!(l}linl....r:llhJ.k..:i('n'ic~!!L!lulli E!UJ.:!lliill!i1bII
gg~!ll!!.J.Qu:lled on.lhe site lIuJ it is ill~lllh:r~!;lllr Ih~ l!en~r;ll.1ll!l1!.il.' Illnllf!w :l
rg~I!!::lilll! .i.n.i1lL..m..JlliCI.JhUl!.U~ir~..mQ!ill fuUlr.CS~"'\';lIioltill~mllh'c vC!I.!llil!;OI1,
3.9AA. SPECIFIC STANDARDS FOR RI.SA DISTRICT. For hinds wilhin the FLSA District
UUJi~..m!lli!.l.jlliUbnlLbc mC!icrv~IlJ!.[}lliillL!.I1.1~.6..Dislrict RCl.!uiuliu!!s !'iel forlh ill...s~!j,h![l
2,ln Q.r.Hti!i..iJ.!d~.
3.9,..J.5. DENSITY aO~CFNTIVES. Dcnsitv Uonus Incelllivl.'S slwll be 1!.r111llB.!..JQ
!;"l!f.Q..\!i1lli.~L"!~ill!;OII.
A. OUTSIDE RURAL VILLAGES. In RFMU Receivinl! Londs nOI d~siI.!natcd as a
B.![!}LY.iUtl!!e .1 uensitv bonus nr OJ...~Uim:.....!illiUlcr ilcre slm!L..h.k.. I!.rnnlcJ lilt. .each nCI'c Ill'
umire \'c"~'lnti!!!1.J:![!;1ervcd.!!!tlW/1m cxcl.ocds Ihe rcmW:~l.1!.L:!!;;1.furth in.1ks;1imu.2A.J.
l.l!!!;lLiU!ru.1iin~~!C L!lni! ~tJIi:~i~ i19.!i~'ve~JI!!~!Ig,lllb.!ill~\o.QrT{}li Cllilil~.
11. __.-.JNSm!i..J.H.!1illl.,_'yll.LAG~~~I:MU Rcceivinl!...iilllllb: ll~i.!:U!!!h"'U_!!iL!LRll!:!!!
Y.i!!ml.!:......lLdcnsitv IlllllllS Ill' OJ lh"dlinl.! IInils m::r llcre sholl be url1l1tcd f(lr each ncl'C uf Jluliw
~!.JillLL'!reScr\'cd...!!n.s~ Illllt exceeds IIIC rCOlli1"clW:9.Ji..1~...i!LScctim11,2:~.J..J..!!U;.ul
densil\ of" unils ner llcr~ Is llchic....eu Ihrou"h Ihe IIse ol'TDR anu Bonus Crcuit!!,
3.9.5. WETLAND PIlESERV.HION AND CONSERVATION.
].9.J., I PUH POSF 1111~ I'ollowilll.! standards are inlemJcd 10 DroteC! Elnd conserve Collier CounlY's
yulUllhle wctlnnus Dnd 'ht:ir Illlturill funcliolls illcludi!.!s...mnrine wcthmds. Th~$~ Slllndnrds nl1o~
~l.l1r Cullier CUlHl!\' ~!:~nt rnr Innds willi;" t!lLB.LSA District. RI..SA l'llslrkl.....li1t1QLn~
~l~IIlU iO~!::lil1ll:!] '17, Wctl!!!!!n...IDll1I hr.: omleele" lIS follows wi!.h..!.u!..u.l.~.~.lliirulJ.!~
In ~x~'e~'d Ihuse "mounts of \'cl.!ctnlioll rCll'nlill~..fur!h ill SL'cliol1 3.9,;:(.3 !!ll!.!lliLnlli~~!~
!:iW!l!l'r.:d,
3.95" URBAN LANDS In the case of wetlands located wilhin the Urbnn desiunalcu ..rclls or
Ihe COUnI\' Ihe COlin I\.' will rei\' on lhe iurisdictlonnl delerminnlions made bv lhe nnolicnblc Sinh!
or federal Il"cncv il1llccordnnce with Ihe followim.< orO/isions'
A, Where oennils issued bv such iurisdiclionallll!encies allow for imollcls to wetlands
within [his dcsh!Ollted area nnd reauire milil!Dtirlll for sll!;,h imnllcts lhis sholl be deemed 10
!.!!.t~!.Jhr.....cl:Uective of nrol~ and conservalinn of w~ll:mds a!l!!.Jum.!!!l!1 fllnt.ti..!!!l~.!!r
milllllll.!swilhin Ihisllrell
B. '!111~ Cuunlv sholl rCl.1llirc the unnruorialc iurisdiCliullal ocrmit nrior III the iS~lIalu;e or
II IinnlloclIl devclOlllncnl order nermiuinl.! she hunrovcmenls execnl in the case of .IlW sinl!lc:;
rmnilv residena: lhol is not nDrl ofl1n llOnroved dcveloomenl or olallcd subdivisillJl.
C Within the ImmokaJec Urban Desil!nated Area there exists flil!h CluDli!v
weliand system connected 10 the Lake Trafford/Cnmo Kcnis system. These welhmds reclUir~
~rc(\lcr oroleclion measures and therefore Ihe wetllllld Drotection slE1ndard~
below snallllooly in Ihis arell
. 3.9.5 3. RFMtJ DISTRICT Direct imDacts of de velD omen I within wetlands shall be Ihni1ed by
directin!! such imoacls ilway from hit!h oualitv welhmds. ThIS shall be IIccomolished by adherence
to the yel.!etalion retention reouiremenls of Seclion 3.9.4.3 above and lhe followinl!:
A STANDARDS.
I In order 10 assess the values and functions of wetlands III the time of DraieCI review
aooHca"ts shall rate 'ne functionalltv of wetlands usin~ the Unified Wetland Miti~ation
Assessment Method sel forth in F.A.C 62-3-45. For nroieels that have already been issued
an Environmental Resource Permit bv Ihe state lilt County will acceot wellnnds
funclionalltv assessments Ihal Ire based \loon the SOllln. Florida Wnler Mnnilg~mcnl
District's Wellllnd Ronld Assessmenl Proceuures (WRAP) as dcscdQilli.Ju...T~s;ll!l.iBIl
e..uwicallon Hell 001 (Senlemhcr 1997 os unell!l!:! AUI!IISI It)QC}) Thl:! nooJi9lIJU!1!!lh!!!.!nu.!
II.) emllll\' stAff Ihl:!se r~sl')eclive assessmenls llnd the scores Ilcccnlcu...!lY.....!.!ilhl.r .i!llL.Slllllh
rlorid<l Woler Mnn81.!1:Illcnt District or I:lorldn Oeonrtnwnl or Environmenl"! Proleclion.
ru~e 130 of 174
Worus !i4Fuiik-lhF6tll:!h ure ddeled. wllrus unucrlillcll lIrc udded
1A
!
~
~._ Wc!I.!U.!rl.s....d~~'J.li:d.I!~ Q~i!lll...!.!1muttLhY.!j~~d.!iI~ig~.QU!ll"viIUU!! .~mIidm~ CP.r !I!!O
t!J!!t!a\1!,au-,!( .ll'ihJUII:.. :d.wJLJ!!<..IRl<li!:iQ:!.lIJ.ill1.!i~~~!!!dll'~~LlliVi!b.!.:LIU!.:.I~rl'~!:1[Yl1!i.!..!.!l.!!f
!h!;~~~!!illl.l.!liJ;1i~:U!~(!OIW!:.uwu.ilJ;~in.S~{!illl.l~L.:!l..
J.. . .t;;.s!~liu!l..ll:tlllill.~Jhm:~~IDJiJ.!!!!ll!ghJhLlllitigjj....lil.!illl.Jl"_.I!.IUlulili.u~s.l~yardkss .!.!f
~Jillh~..Jh.I;..p..rs~rYllliill!...11Llh~W\\'II\'S cxc:~cdL!ht! ilt'I'Cll~_t!:<!ll!ired .in..1i~!l!U!
~.~!':U.
-I. Druwdowns or div~rsion of' thl:! l!round \YRter table -.ihnJ.Lnol nJvcrsc1v cnil!ll:l.!:...!UI1
!.l.Y!!r.lmli!:Wtl nr nJ'escrvC'd wctlnnds on or (lmi~gjg!!!imUl!,tI corUml d~vil1..im!Ji.~!!11 ~
~~LlQ.J!l:Qh.:CI SllrrollnuinL! w('fIll.llds n~(msislt:ll! will! surrollmJwnnd Dnd l)I'oi~!.1
cuntml clevntiOll!J!!ll!. Wllter tllhlc! In order IO~ these reaLliremc!llL~~..IDiill~
~~l.!nctl in m:cortlal1ce with Scclillnli....i.UA 6 II nnd~1.2.....Q.LSFWMI)~ Basis ",.
fu:lj~~.JillmiJU',]Q.Q.!,
j,... ::;im&llO. llJ!!!!bR~d!m~=1!..1i!!JJll..llll!ll!L Ili~..rl::Uuir.!.:I!U.J!t:!..B!!!I!lil!.!O~l .~'jl!!i!l ~~'~'I'I!'1
J.!!.id.tL
fi.--'Ir~$cr\cu \\"clhmds sholl be buffcl'~d Irom oth~r jllnu usc~ t1!; follows:
:.. A minimulll 50-foUl \'CI!t:llIlcd unhllld I;!lIn~r lH..Iillcenl 10 II nillurlll Wilt.:r bod\'
~_fill OIlier \\'~llilnc.ls I( minimum 25~rtlOI vel!~lillcc.l YUhmtl buncr..ill:!.i!!f.~!L1i!
lhcwc!.l..n.ruJ.
c. A stnlctll!ll! bUfrL'f' mllY be llsed ill coniul1clion willi n vel!elative buncr'l!!nJ
!m.U.l!l red"!:c Ihe VC'l!clllll...e buffcr width b\' 50%. A SII'tIClutlll buller shall be rC!lui!sI.
ili!j.f!.&Cnl III \\'cllnwJj where dil'ccl Imnllcl~ lire Dllowed.. ^ slnlclural.hllO'e1' m.m:~!!W
W:ll,g~I!l:.\l:.Ill.l.....h!:rm~clllrivl:! hctll.:.t.mlh suilnhlc limtiuJ:..
d The bulfer shall be measurctllandwDI't1 frUllllhc nDnravell iul"istlicliullullinc.
e. The bun'cr zone shall consisl of ore5crved native ve[!clalion Where nativc
vCl!elnlion docs 1I0t exist native vc!!elalion conmalible wi/It the cxlstinl! soils and
~l\DeeICd It\'drolol!ic conditions shall be Dlunled.
L-~ncr "hllll bl:! mninllllncd rrcc nl'ClIIeI.!Qo!'..! invasive ~s!.!li!L.uill!!!ti...illi
iliillneu.!!y"!.1l.J.:. FIIII'lda I~:wlic Pesl Phn11...Q.J.l!llill
1! The foUovo-'ill1! land uses are considered \0 be cOnloUlible with wellllnd
Functions and are allowud wilhin the bllffrr:
III Passivt r~C're:HiOnll! areas, boardwalks Dnd recrel\1ionnl sh~lt~rs'
(2) Pervious nnrure ImBs'
(3) Wnler mannl!c1l1cnt structurcs'
(4) Miril!llliOllarells:
(51 Anv other conservation and rLllDled ODCll sonce nCliv;t\' or use which is
comDllrablc in nalure with Ihe fore{!oinl! uses.
B MITIGATION. Mitil!arion shall he reaulred ror direct imoBcts to wetlands in order (0
result in no -net loss of weIland Funcllons in adherence with the followini! reQuirements Dnd
conditions'
Mlti211tion Reouirements'
D. Loss or S(OrBl!e or CORvevnnce volunle rcsultlrm from dil'l'el illlnnels III
wetlands sholl be eomnensaled for bv Drovldlnt.! an l!(Illal i:llnounl of slorn"t! or
conveyance CB08Cltv on she and within or adlacent to the imDacted wetland.
b Prior 10 issuance of anv nnal develoomenl order (hat authorizes tile
alteration the aonlicant shall demonstrate eomDllance with a and b above If 81!enCV
oennlls have not orovided miriall.tion consistent with this Section Collier Countv will
reDuire mitiplI.tion exceedinl! thai of the iurisdictional Bt!cncies,
c. Mi(I~.IIrl()n reoulrements for sint!:lc~famftv lot!> shall he determined bv the
State /lnd Federal /I[!endes durin!! !h!tiL.nermlllint! ~[!llrSllltrl!_.l[!._II.l!:'
rCCllliremenfs or Scdicm J ~
2. Mltlt!olion Incentives: ^ densilv honus of 10% oflhe maximum nllowah.l!:..J:!<!i!J.!m.Li!!!
Page IJ I or 174
Words iM-ftWk.-ikwugflllre dclclctl. wnru:i lI11dcrlil~ l1I'1ludr.kd
'1A
1.
--~
density. B 10% reduction in th~ reouired ooen SOllce tlCrClll!e n 10% retluclion ill..!!.u.1
rculIirednn[ivt: vC:l!elltliol\ or n 50% reduction in l'ccmircd liuorlll ZOlle H~llllirenll:llts!llill'
h~!lrllnlcd rm nroi~llllilJtnJllll:..Q.f Ihe folk!rdm:.:
ll. Incr~a5~ wetland hRbilat thrall!:!" reertlllion or reslorillion or w~llilnd
lllneliolls of Iht: same ["DC fOllnd OIl-sile on i\!lJ!I!H!l!!lt~i1c tlcres wilhin the
B.urn.L.Edrl!:.!~...M~Jse Dislricl Sendinl!.Wlli~!J!l....or grenlcr IhAn ~O~~, oflhc
un-sile "lItiv!! vCl.'.clati.2n..nn:.scIVnlil}u...nt[~Lnog~.~~.i..!.!f lilt: {l~U!!Lw:ui~jj
ii~ IVhichc\leris~i1IID::.....ru:.
b. Create enhance or reslore wad in!:! bird hgbil111 to be loented nenr wood stork
andlor other Wilding bird colonies in nn IlnlOUl1llhal is cUllllIlO ur I!rClller limn 50%
of the on-sile native vel!etDlion I)reservDlioll acrelll.!t: reCluired or 20% of the ovcrall
oroiecl size whichever;s I!rc:ller. or
c. Crclltt!. enhllllcc or restore ""bilal for olher listed soceies in II local ion 1lI1Q
atl\0I11l1 lllutu:.!ll\' a"rccllblt! In Ihe 1I12R!l9!t!llIDll ('[)llier C~mlltt..ll.!l~L~!lli!!!!.ll!.h!!l.J!:,i!.b
Ihe lloolicnble imisdiclionnl Dl!ellcics
3 EIS Provisions Whel11lliti[lution is oronosed the tiS shall d~lllonslrDle lhot there is
!lQlllU.loss in wellllndlirn~nrescribed nbove.
0.1. Exotic VCl..!etatioll RI!movul
mil.l.gmion.
Exotic ~el!elation removal shall not constitute
3.fJ.5A. gS"ATES RURAL-SE.ITI.EMENT AREAS ....ND ACSC In the case uf lands located
",hllin El>tales De!\il!llDled ArCll Ihl! Rurlll SeulClncnl Area Dnd Ihe ACSC fhe CoulIly shall relv
UII lhc weiland iurisdiclionnl deh~nninulions and [1l:!1uit renuiremcnls issued hv the 1I0DJ..ifill.?~
jllriscliclionnlnuencv. illllccoa!i1ncc \Vil~f2.llsmiDs:
^ For sindc-familv residences within SOl1lhcrn Gulden Ollie Estates or within the Big
..evaress Arcn [lr Crilicnl Slale Concern the Counlv shall rCCluire the gOD'-oDdsle fcdern! nnd
llillC wetland-relaled Dcrm!ts before Colller Countv issues a build;l1I! oerl1lil.
B. Outside of Soulhern Golden Gale ESlates and the Area of Crilieal Slate Concern
Collier Counlv shall inform 800licants for individual s;n[de-familv buildinl! oennits thaI federal
nnd SIDle weIlAnd oennlts InO\' be reQuired Drior 10 construction The COllntv shrill also nolifv
the aoolieabte federal and state Duendes ofsin"lelaOlily buildinl..! nermits lloolicnlions in thesc
!ill1!h
3.9.5.5 RLSA DISTRICT. Wilhin the RLSA Dislriet wetlands shall be oreserved oUfsmml La
Section "'.2 '?7
3.9.5.6. SUBMERGED MARINE HABITATS. The Counlv shull oroleclllnd conserve suhmcrl!cd
marine hobilll\S liS nrovitlcd ill S~CliOIl2.6 :21.2.7.
3.9.6.
NATUltAL ItF.SERVATION PROTECTION "'NO CONS(i:ltVATlON,
J 9.6.1. I)URPOSl:. AND APPl.ICABILlTY.
A. The oumose of this Section is to orOlecl nalural reservatlons from the imoacl or
SUl'ToundinE! develoomenl For the "umase of Ihis section naturnl reservalions shull include
onlv NRPAs and desil!natcd Conservation l.ands on the Future Land Use Man,
B. For the DUroOSCS or this Section. develooment shall Include all "roiects sinl!:le-familv
dwellinli! unils situaled on individual lots or Doreels.
] 9.6.2 REVIEW PROCESS. All reauests for develoDmenl contil!uous 10 natural reservalions
shall be reviewed as Dart of the COllnlV's develooment review orocess.
39.6.3. RFMU DISTRICT REOUIREMENTS The followinv criteria shall aoolv within the
RFMU Dislricl onlv
A OPEN SPACE Ooen soace shall be reouired 10 oravide a buffer between the oro;ect
and the nalural reservation
Ooen soaee allowed between the nrolect's non-ooen SDace uses and lhe bouRdarv of
the natural reservatIon may incrude Rarural oreserve! natural or man~lIlade lakes I!olf
courses recreational areas reouired yard sel-back Areas and other nalum! or mnn-nulde
ooen soace recuilrements
(
2. The roJlowlnl! onen sonce uses ere considered acceotabJe uses conljl!~!.Q!l.l_H!.~
natural reservation boundary:
Pil~\: In 01'174
Words s\~FEH-l~~ ilrc deleted. words lJlHh.:rlinctl arc lldJcc.J
1A
l
.~
8 on::servDtion prCDs'
\'I.... __ gQI[~lli!f1!:.J!~!~bl!!!ni!1.lu.j~~LirUlJl.1!.l!!t'iJJlill!1Ji;
c, slorlllwulcr mnnnl!Clllt:1I1 urcus:
d n~l'\'illIlS lllllurt! (ruils UIlJ hikinl! trails Iilllilcu Il1 use bv 11ll11mt)lul'izccJ
\"t!!hicles
B OPEN SPACES AS BUPPERS,
I The uses In naral!raoh A 2 above are cncouraped \0 be localed as to orovide a butTer
between the natur81 reservation and more inlen!~ive onen SOBce uses includine.
nlu\'l!rounc!s. lennis courts I!lllr COllrses (excludinl! rotluhs mainlaincd in II nnluml sllllc\
lInd othcr rccrcntionalllscs Dnd yards far individuallals or Darcels 01' ooen SDlIee IIses Ilml
ar~ illloervious in ""hue These more intensive nnell Sllllce uscs mnv nol he Inentcd.c1nscr
Inn" 300 feel 10 Ihe boundary "rlhe nalural reservulion
2 In addilion where woodstork (Mvc/~rla americana) rookeries bald cattle (H"f/!lr!t!l/tr
lefl('ot'tmhalw'J neslS nnel wadlnl.!. bird rooSlS nre fmmd in tht...n~!!.!!lU!:n1 rc~r~!!!.im!.
tl.!s.J2o~n SOllce lIses id~nlifi~d in sub-sections 8.2.n. thrOlll!h C 111'1.' Ctll1sidercd ncccl!!!l.W..!:
fur Dlacel1lcnl willl!n II buffer IS soecilicd below:
a WoodSlark (MI'cll!r;cI all/eric-ulla} rookeries. bald eanlt: (Haliueellts
fe/lcoccDht/I".\.j nest! - , 500 ft:el.
b Wadinl!' bird roosl - 300 feet:
c These huffer dislllnces shall onl\l aDDI" 10 the identified enllty within Ihe
naturalreservntions
J. These TeaUirelllenlS shall be modified on a case bv case basis if such modilicBlions Drc
based UMn Ihe review ftnd recommendallons from lhe USFWS and Ihe FFWCC An" slIch
~hmlttes sholl be deemed consistent with Ihe Growth Mannl!el1lent Plnn.
C. CONTIGUOUS NATIVE VEGETATION Existlllt! nalive vct!ctalion [hill Is locnled
~UolU 10 Ihe nnlural reservation shall be oreserved os Dort of Ihe orescrvnlion reouirements
sot:ciried in Seclioll 3.9.4
D WILDLIFE CORRIDORS Where wildlife corridors exist for listed soccies orOVlSlon
shall be made 10 accommodate the movement or Ihe listed soecie! throul!h Ihe orolect to the
nalural reservallon. The County shall consider the recommendntions from Ihe USF'WS.
3.9.7. PRESERVE STANDARDS
J 97.1 DESIGN STANDARDS
~t
mnnnl.!r.
ENT P
94 or .9.
N. N lve v 'el t' I' r lir d 10 be rt:servecJ or mlli 'u .
, I I ht: sct-nside j!l...!lErcs~rvc nllil..ID!!lLbe identified illlhe rnHpwilltt
The Preserve shall be labeled as "Preserve" on all site olans.
2. If the develoomcol is B PUD the Preserve shall be idenlined 00 the PUD Master Plan
ifoosslble lfthis is not oosslble a minimum 0(75% of the oreserves shall be se~aside on
the PlJO Master Plan with the remain!"!:! 25% identified 8t the lime of Ihe nc)t
dcvclooment order submittal
3. The Preserve shall be IdentIfied .Ill the time of the first develnnmenl order lIuhmittal.
B. MINIMUM DIMENSIONS The minimum wIdth of the ore!lcrve shall be'
I. ,wenN feet. far DrODertv less than ten acrcs.
2 an AVertll!e oflhirtv feel in wldlh but nor less lhan twenl" feel in width for orooerlv
eaual [0 Ico acres and less Iltan rwcntv neres.
J an IlVeralZe offiftv feelln width bul nolless than IwenTY feet for DTOocrtV oflwenlv
acres and I!realer.
C PROTF:CTION OF WETLAND HYDROPF.:RIODS Ol'llwdnwns or diver~lm! of the
J:!:Q!lM waler loble shull nol adver5elv chU!Jwh~1u:d!1!m:[k~!1J2r.1L~!.U:nll.~J(I!mg!1! l!l! !!r.
Page IJJ of 174
Words '*t'I:I&I,-d\fflttt;k 1In: uelclcd, .....urds uodcrl.in.J,;j! IIrc lIJucd
'1A
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3,~..'~ D
ullsilc. DulcnLioll unJ cOlllml elevations shall be s~l lu owlet! surroullditll! wcllullUS lllll.l.lli,;
cntl'iiSlcnl wilh surruundir\!! lime! iHld Il!.2ll:.llsm:umLc1cvnti.!mL!!Od \VAler mhks. In order III
!!!~~! Iho,:81.r!fll!!in't\!~!!!~. P!1ti!::rILliIHl!!..bJ:.~~l!il::.!l};d in j!fn!nl;m~o..: ~, it!! ~!::~'{i!!J!~ :L~,~d,.lL !.I
1ImJ !i, 12J!Ui[!&:M !2' ;iJla:-.is.11lliri~..l!!lluil!'Y1QQ L
! ~"_" _. j'lHJ."l1il"I]'1. E..1:QY!i1::!AlfGL.J?rgscrw .llBlll~.~!i!I!.lli;. i!.!clIlilicM..lll! ;i~Jlill1l1!;..1D!~.llij!r
!:'i!~,.m!:.Illli...lYilh !!~:9l.~l!.l!.!!~!.!l.!hlln U nl1tuil!!.rhl.hhl!:!l~Hr. Hs..!.iI!~H't!~hm!. f~l!i~!~!t!ii!!.!!r
~!!!l!!~(~iilLJW.. nill:t~..lilW.ii....ill..!!.1h!J:.ru!,;!!uaUli..:!.l.l~h IL'i lJ1i!i!Lur !!f~~:i:i:.g!!~Ill~l!!!;,J!!m:.I!!1ili:;J:1
jm!!.uJ~n;l!!!.!':.'.~.. ~6IL!~lUj~!1~Il11CIllCI11lL!!U[i!!j;i !\![ O[~!j';O'~'ilmllbg.y!O\!i~I!I~l! I!! II!..: ~'mHm'
~i!!!~!! nl;u:illl! 11llIh~iJ!u!!ll:JIIC rcsot1uailiili!~LI1Ctml1c,,: IIr HLi.LIlIt!lU1ll.!ill:!!!:TI'
assoeioliull or similar entil" with mninlelllmc~ rcsnOllsibililics. '11\~ llrOtCClivc Clwell.Hls for Iht:
Inll:1 or casement sholl establish Ihe Dcrmillt:d uses for said casemenl!!>) nnl.Jlor IrnelS on !JLe
{jml! subdivision Dlnl. A nont::\:c!lIsivc enst::mcnl or Imel ill ravor or 1~1l!Y..JYi!!lli!!1.ill!Y
1lli!!U!t:llilllCC oblil.!lIliQU....w!l!LhlLJllm:!!hllilhudLnrc!Crvcs olllhe nrclitl!llli!Ci..nmlJi!!ul
~!lli!!.~,hijU!I.P.~lI!1!lnl1Jh!l!L~~~QWW!l!!..r!nl""I' ~ikW.im1...I!~.hl!u!ll!m:i~.!2f !!!lJ.!r~;i!.O(Y~
I.:.iJJi~Il1!mlUbuU j~Jlim~w1!::!Jj!lL!h~ .!lnnU..Y.bili'liliimLnlni.
E. CltEATE[) PJ{ESERVES Creat~d I~tvcs Shill! bt= Hllowed fur Dureels 111111 e.Ullllll
~~i!h!l..!!mmlm~iIlc bOlh Ihe rcq!!1l'l.:'d n~1.1< nresen'e lIrell lIutllhe nrlll!!.lli!O.Y..!!f.!.i~j!~,
L,_../~m~HgJllililY:...J.:tiUrr..i.gIl![.1l.liillri1~~~~r.\'Cs il1~!O;
/
,
u. Where site devolions or donditiims I'Ctl\tircs 11lucclllCnlur!i1l 'herch\'
~j1nllinl.'. or rCdllcilll! 11ll.' sltrdvl\biliil' of the nnlivll wl.wlalion In ils exislilll! locnlinns;
l!.. Whetl~ lhe I:xiSlinl! vel.!elmion reClllired~~toclI'ed wherc
uronllsed ti.!1c il1ll!!.ill::clll",.nl~11! he locillcd lI!ll!.Bl.l:;lt il1!f!t:!!vclllellls !:1!!!lmlh...:
f'.:lt'Cill~Jl..!!i.11!.Oru~!!lc c.': i:i.UUS.!!illiVl" v~.L:.!lli.l!l!!!J.:
i
c. Whcre lllllivc nrcscr\'lllion rcduirelllclll.s CRl\notuc m:comml\daletl..ll1.e
J1illdSCllnc ohm shnll n....CI'l:ol~ i1l1l1liVl' bl:ml Clllllllll.lIIII~' in 1111 ,hrel.:' Sll'llltl (1!1lI111ll1
CUWI'S shrubs and Ifees) urili:dlll.! 11Irl!cr,nlnnt malerials SOilS 10 marc (luicklv r\.'-
ert= I~ the 1051 ma If' \'1..' 'tin' I. e t= uren I be id' t'fied as created reserves.
d, When II Stole or F~deral ncrmil rt:tlUircs creation ornalive habilat 01\ sile.
The et'cmcd nrcserve ncrcauc mllv fulfill'nll or Darl of lilt nolive vel!ctlllinn
umi!iremenl when nr~st."r\'es I1rc Dlnnlcd wllh alllhrcc !llml:!' usilll.! Ihe crilerill sel fmlh
in Crealed Prl:scr\'l:s. 'n\is cl<ceotitln l\la\' be I!rnnlcd rel.!lIl'dless of Ihe size llrth!;
Droiecl ~.
\
c. When small isolated areus (orless,/han 'h lIere III size) ofnmive vccclnlion
exisl on sile. In eftses wherc relention ofrinlive vCl!clntion resnlls in smnll iSl'lllllcd
"fens of~; ilcre or less nrescrvcs I\lnv,h~ otunled \Vii" nil three strain: lliii!l!i.lli.l:!iml
sel forth in Crenlt:d Preserves und shall be erlllllcd lldinccllt C'xislinl! Ililliw vcl.!c101iulI
oreil! on site or eotltil.!uous 10 nreservcs>on.lldinccnt Dt'onCI1iIlS. This C'xception mil" I,!!!
I.'.Hmleu rc 'ltrdlc' of the s'zc l Ihc o'cc~
f. Whcn an aec~ss Doint to U oroi cl cannot be rcloellled To cOlHnlv wilh
oblil.'.RtOrv health and saflllv mandal!S such ItS rood ulilmmcnls retlllircd bv 111(': Slnll:,
nn:scrvcs mAV be imoacted ilnd created elsewhere on sile
2.
Rcauired PlanlinI.!Cr\lerill:
/~
a. Where created oreserves are' aODroved the landscaoe olan shall fe-create a
native olant community in all three slrnl~~l.!round cover shruhs Bnd trees) utilizim.!.
laruer 0lan1 malerial! so as to more ouicklv re.crellta the lost m.otUte vel.!et8fion Such
re-velletation shallllonlv [he slandards of seclion 2 4.4. of Ihis Code and include [he
followina minimum sizes' one "'Bllon [!roun(t cover' seven (7) gallon shruMS' fourteen
(14) foot hi!!h trees with a seven foot crown sDrelld and a dbh (diameter at breast
helllht) of Ihree inches The $n8cinl! of [he nlants shall be as follow!. Iwentv 10 thirtY
fOOl on center for trees wilh B small eanODV fless than 3D It mature soread) Rnd forty
FOOl on cenler for tree! with a IDree canonv (-[Irenler than 30 n !nature sDread) five
foot on eenler For shrubs and lhrec fool oM~enler for around covers. Plant material
shall be olanled in a manner thai mimics. nalural nlan! community and shall 1101 bll'
maintained as \andscaolnl.! Minimum sizes for olanl malerlal may be reduced for
scrub and other xeric habllats wht:re smalletsize olanls mOlerlal are befler suited for
re-establishment oflhe native nlan' communi";' .
I
ADDroved crealcd Dreserves may be uscd 10 recreate'
(I) not more Ihan one Bcre O~lh,e reauired nreserves if the DroOl:ttV hus
less rhan lwenrv acres oFt:xlslitll! tllUive Vt:1!Clillion.
)
b
Page 1340fl74
Words !ilTt:telt-l-Jl-f&Ugfl nrt= delelcd. words underlined lire added
1A
--=
14
{~__JllllJl1!!r~ Ilmu.j.ll:!.!ll~Jlr.l~fllin:d.urilln:!t::i.iL!.!.ll::J!!1!1!!a1r!!illI
~lli!LlQ..!lr l!1'~llh..r .hnll h\'L'.lU:...~~l1ndJl."s:; Ihill1.!ili:!1U:.l!I::l11!...uL~~ii1i!U:
nath'c \'l,..,,,.!;,ljqn.. '
--------=. !
lll...-_...illll.l1lUfC lImn 10% Ill" lh~'.r~ullired I1n:s~rv~s ir Ihe oroocr!v h:!1
~U!ill!QJ!r..g,rcalcr Ihnlll:iliili!s...nfrl'~ tlr~~iill.!!:t!!i!1i\'c VCl!ClaUill1
'I'll\." minimum dinw~lPl1s sh:ltl ill11lli:Jl~Clll1(\h.lli.lll.Lll.
1::,----
u.. _..--.lill..ruxi.!~t:.JlIndSCim;IIum,;w:Jllil!.J!ot I'CtlllCSI.:u 1!l..h!;,.!!I1Illi!X~ llLllilnU
!1lJ;. 1111livJ.t.~rnLJ!!3l~&..!3HJlLir~rllCIIIS sIlliUJ?{.Ii!h!.:J!::.!!.m.. .m:~1i!~.n:!:l! i!1l~ .:illill!
s!..mmr" wllh n!Lnn:scm.' sO:lh~
F. AI LOWA13LE. SI1Pll[ EMP.NTAL I)LAN'~CiS SUI1Dlemenlnl noli...\." olunlillt!.s in
U!1.1mlilrmll !llil.t.hc odd~ hll'ln.:!\Crvc lifeRS where (II!:. rCl1lnvltl..Qr.!ill!.!:U.!!lj~illll!t!!!.l!!lia!!lb'Y
y~iill1J;rcllICS oneil :lreDS wilh lillle O[ J.I.!l..!lRIit!Ul...us.l.ll1inn ctlvcral!C e!illl11Jlll1!:riuJ, ill
UICSC fl."SI1U'llliun nfcM.1hilJtJllI."\.'llhe (nllfll\"illl!!llinirhUll! !!i7.~ cril~riLI: nll~ .Il.!!U!!n.ml!!!.li
em.!:!l'!! thrc~ I!lIl1un shrubs nllu !iLl;; rDOI hil!h !rees Pllll1hnnt~riol shull be I)hllll~d il!lL!!!~r
l~illlli!!Uml. !llnnl comlllunilv Dlld shnll Ml bc Itriilll~l!!!.u!J!.!;:i!lliU!:,._.M.iu1Ill!!..!!l
~i'l.c~ f'O[ plnl'll nllllt.'I'illlnuu:.b~~s;.rillulnd otflLlr xW!i.lJilhiUll5....rdlJ,;.l):.IHunU~liiz~
n[!!U[~ .1ll!!l!::d!!!.:m:'.b~.H~l!lUtl.:d rur fL"1.'~1uhlilili!ll.!O.lll lIf 1~J1il!~.l'llil!!lf.llillllJl!!litr.
li...- 1'ltFSEltVE MANAGEMENT Pl.ANS. The Preserve Mllnal!CI1lCnll'w.u!!.l!!I
jg~mm' l!~lilliuJhU1ln!lliLl!s..lit!i!lJ1Jo..!:.!!~l.J..IJ..I:.~~I'~~1 i:Il1m~.!Yill f!!n~ljU!1 iHi.[!rmm~J:~.
!~..t~1l!:OO~_MiI.!liI~!.:!!lfI1111"1illi!!Unl.'lull!;,.l!nl..fu1ImY.in!!s.J.y!ll!alI.li:
I Gencrol MaintenAnce. IJreserves shall be mniniained in their l10lural slille IIlHllIlllSI..!w
~ufn.duse nnd deb)"l:;,
...........
') ExOIic Vel!clntiOll Removal Non-Nntive V~l!ell)ljon, nnd Nuisance or Invnsiw Plant
CJmlml,....E.K21.ic wl!elrllinn removalllnd mnilltennnce nhms sholl r~cUlilLl!!nl ('1I~~m:l
l1s.!!1ics b.: rCllUlwd rmlllulll1reSCrYL!S All llxniics wilhin Ihe Iirsl7S rllt:! ol'lhe Oll!gf
!::~ nrC\'~n:.~lillill~~!lIl\' rClllnwCt ~~lll down hl!U.!I~l::..Jll!!ll!!l!
ill!!!!1t!!.ll:i!!!::!!... Ex\\ticll wilhill lite illlcl'ior of lilt! order...\: IntlV be noonl\cd In bL' In:lIlL'd in
tUillJ:...iLil is delerminet..llhuI nhvsiclll relllo\'i11 mil!hl tnuse morcJf..w.unge Inlhe llil!.iYF
.C >clll' h I reserVl.:' WI It ohi 'I ., tic e 'clntion is r'move bUll \' II or
~ vCI'clntiun relllEllns Ihe base shall be Ircal w' ll. V 11C I Pr I'c'
A1!encv onnrtlved ht!:rbicide Dnd 8 visualll'8cer d....~ shnll be nnolicd Control or~xolics
sholl be inmlemenled on a vearlv basis or more (reollenllv when reauired llnd shnll.
describe snccific technioues 10 orevenl reinvlI~ion b.... olOhlbited exotic vel!etation of Ihe
site in "eroeluitv. Non.native vel!elsllon and nuisance or invasive olnnts shall be removed
from all Preserves. ...,
J Desh'nnlion ufa Preserve Mnnapcr. A Preserve ~n8l!er sholl ~ificd il!.~ll-'
~1ll!l!liiblc Il:trlv In ellS11T"l: Ilmllhc Preserve MIln:It!Clllen"1 l'lml is h..!lli.!g,.U!!.HDlh,!! 1l'.!l!l.
Ih!UUdiylduol's name oddre!is ond "hone number sholl hc Iisled on Ihe I)l~.!l
MillIlll!CI1lCllt Pion. '111\! snm\! infonnolillll shull be orov~d\!d rec.nrdinl! Ih~ dcvdunl!r BUlh
olll1ies will he rusDonsible IInlilsuch lime InnI Ihe homeowncl"S ossocintinn tnkes.2Y~p
nll1l18!!emeol "fIne orescrve A( Ihal time lilt: homco\'I'lIcrs associalion shall amend th~
nlan 10 orovlde Ihe homeowner association information and infornuJlion rCP'ordinl! lhc
oerson hired by the association 10 mana!!e the oreser\le\ The homeowner's association and
(he nreserve m8nBl!er shall be resDonsihlc for annual maintenance of the Drescrve in
oeroeluity. AI a minimum Ihe Preserve Manal!er shall hove (he same oUl\liticnlions liS are
ts!]llircd for the Duthor of an ms os sel forth in seclion 3.8.4,
I
4. Wildlife Habital Man8l!'ement. Where habitats must be mnnal!ud with rCl!ards to Ihc
soecie!i utili2in!!. Ihem Wildlife Habitat ManaE!emenlslraiceies mav he reouired 10 orovide
for soer:ialized trcatment ofthe oreserve Where orotecled soeclc:s are identified
manal!ement !<tratel!ies shall be develoned and imolementf'd in accordance with section
3.113 Where sitc conditions reoulre orescribed bums B fir~ mBl18l!ement olan will be
develoocd Ilnd imolemented.
/
S. Protection Durin!! Construction and SlIms@eAfterConstruction The Preserve
Man8l!ement Plan shall address orotectlve measures dunne construCfion and siE!nane
durin!! and after construction thai are consistenl with section 3 9' 8.
H All OWABLE USES WITHIN PRESERVE AREAS Passive recreationul Llses such
os ncrvious nBlure trails or boardwalks are allowed within lhe "reserve oreos as lonl! os .lIlV
clear!n!! reouircd (0 racill(8tc these uses do~s not imoocllhll minimum reouirecl vCl!clollnll. EQ.r
the ourDose orthls scc/ian Dllssivc recr~Dllnnllt m;t!s nrc Ihose uses Ihut would nlluw Iilllil!,UJ
uccess 10 the Dreserve In B manner Ihal will nOI cause lInv nCl!81lve [mollets 10 lht! nrcscrvc ~Ilch
Dll Dl.!rvlolts nalhwavs benches and educalionol silt"s ore DcnniUcd in lhe orcserve. FencL'S may
bc utilized outside of Ihe oreservc5 10 orovidc Drolcction In the nreservcs in IIccardnl1CC wilh
Puge 135 ofl74
Words ~\l~h un,) ddelcu, words unuerlincu un; ilddcu
, '
1A
tilt: nrnICClcd.H!~ci~~ 5.cc:lion ].!LJ~lill.!1!uJ...illl.n:U!!.!~JillI.j~l!i!!!.:!!ll'ilhjn!\lJ:
nn:~!irn..ill'!i!l,
).'J.7" .!t!;;I~FrT!qt!~ t:, @ M!\.!t!I!iN.~ NCI.
,
A. [NS~&CTIONS SHAI.I 1~~R1::0UIREl) FOR Al.L PRESEIWES. 111': orescrv\!
'O!J!LSbUIL""- Cl""nkJ~d nlli! '7'ClI.!u:.in'I!!'<lI!Jill Cl"l~p",~j"nm",lul!!'"-,,j!h!b..
r!.!.!!@.iu.U.f_h.!:1lu!~
I. PriM 10 Ilrclilllinar\' acceoumcc: Ill' the olmsc: oflhc rcuuircd Sllbdi\"isiulI
i!ll~!t!!~!t!!; \...
1. Wi!.!liUJ.bi USSllC'l Ie l~ or Ihe Iinnl sile dcvcl1!ll!!~IlIHll odor lll...1!!~!i!.!!S!O..f!r
ilccnirit:llh.'l)r.Q&~
J. ....ill!...roIYjro! ll'J1luilllr Cllllrsc~ nrilll' Itl Ihe iliJill!!~.ccrlinc!.!u:.!!r tIC,!;!II!!!!!!;) .f!!r
1!11:1 !.1t:lil.n",rm1!!~.l!u:ma!.!f'C i'I!>."meii.l!!:J wi1!ll1I~_ll.!!!l:~m!!]!:.f1H:!JjlY;
\
-I. Ei"llh' Iltrccnl \'Cl.!cUUtVt Cl)V~lpI!C ol'lhc crelllcu orcscrvcs IlIId slIl1Dlclllcn!.il1
[!J.m.!.lj!lg~ln.nrcscrvcs la.rsnujn:J \\;II!1.inJll\V~\'cnr ncrhld l'ollmtin~ Ih~i!1iliDLn!!lllli!HJ.
ilU~ ~hillLbt: maintaincd i!UcrDclIIir\'. Naivc n!ll!!!li.!l.!!!1~jU!!L!b~[m"lI wi!.tJ.iu.!hy
fl!",!;s.:rvc will be cuunleu !o\\.nrds iliil.fQvcrnl!.!LI!llIukcmcnl.
t!, .. ..... . ^ NN I J ^ I. M ^ 1 N'!lili.61'::!(E,-!l!l!!!i!.!.LnlllillL!:!.!U~.~huILl!!:.n.u!!![!;il Ul.:(~n!i.Ju.:. !.!!.!!!~
eo;~!.:r!~.H!l!u~)""'lI Pill!l
3.91.3. REOlJlRED SETOACKS TO PRESERVES.
.--oC.-
A. All nrim:ioul struclures shall have n minimum "1$rool setback from the boundar... or
Ull\' preserve. Acc.:ssnrv structures and nlllllher site ultt:rDlions shnl1 have II minimum ICIlhnt
Ji~OJll Ihe hUIIIlUIII'\' ur DIl'l I>rcscrvc. 'l1lllliuhnl1 bll nu site ull.:nliolls within Ihe lirs.l 10
J:l:l.'l ndim:em 10 nn\' nreservc unless il can he dcrnol1slraled Ilia! il will nol ndverselv ill\l)DCllh~
inlC'l.!ril\' orlhnl orcservc Ii c Fill mav be nnoroved 10 be nlaceu within 10 feci ofth.:l.!.Q1!!rnI
!!!!;Icr"... but !!1!!~mLnPnroved 10 bo nlnced wilhill 10 feci oro wgt!n!!s![!~r.~...!lUI!:.l!5._it
0!Lhe ~1!:!.lll!illi.lra'CU !1!.il.!..ll~iU.nlll nL'unlivc!v ill1tl.1Cllhut wcl1.un4.
B. ^JJiliulllll nrcscrve bulTcr~ slml! b... i1o\l[icu 10 wcllulIds oursmHlllll Seclion
J.IJ.5..1.^J1.
:3 I) 7 <l EXEMPTIONS
A Sin. I. [.mll. ",Id."", ore ,ubl.c! Onl,. to Ih. 'Doli,obl. v...""'o,, rol'''''ou ~O Oi~ .
'standards (oilno in 3.9 4:- -. - o.-t;:; ~
- ,., ."" (f
1 7 . ~A.I B ^nnllcaliollS [or devduonlcnl orders ilulhori2:illl! sile imlJlllvcmenls such liS Ilnlil1P ~c) \~(~
f f ...'iJ'--.UA ~ ur.l.:2P lint! un 11 ellsc b" ca!;:!: bnsis 11 PSP Ihlllllle suhmille lC u '!icicnlllrinr It) u..f~
. ,..:I1~ ullcl91003Dtc I e ire he ovisiOlS r rm'rl ~~. (ktJ n ~~~ ,~
~.......... whIch were u:donted on or June Iq 2003 c\, -I:)tto Oq-{O."n r
n(CU..e. "3 rJ.~ 0. -jfTI(:V..D
lIe 0 t ~sec, 3.9.S.,t, VegelaUSn-ftfHSual, preteetisR aAlI fJrese~ofHlliHKla-Ftk.. VEGETATION \ S. \O~S'{.. .;-V
-, I . ~ )'ltOTF.CTION ANI) REMOYALSTANDAItDS. t-J ~
~ pri\f\Slqyv
~. ).9.~ ~1. l'et:~!JltitJ,l P .tJl~dt" I VEGETATION f'lWTECTJON STAND.-lRDS-
0Jl.tD ~ ~ ~ A. GENERAL. During construction, all reasonable steps necessary to prevenl
/' _ ~ . ~,~ the destruction or damaging of vegelation shall be taken, includirg the installation of protective
oJJ ~- -_ ~ - bnrriers. Vegelalion destroyed or receiving major damage musl be replaced by vegelalion or
?1,... ~ _""t"JC'lual environmental value. as specified by the development services departmenl, berore
bI6Y~' 1\JfJ~,,~cupancy or use unle~s approval for their removal has been granled.under pennil.
( 120.. ~i b~ ~ r.'" Ig S "I $/1 1ft! ,,91'S'1 aeSMI.g. 8 FlLUN(] AND CONSTRUCTION DF.nRIs.
r.......l SJL- During conslruction, unless otherwise aUlhorized by Ihe vegetal ion removal permit, no excess
soil, additional till, equipment, liquids, or construction debris, shall be placed wilhin the
drip line of any vegelation thai is required 10 be preserved in its present local ion.
~,1IIaehMe.I(:i. C. AITACHMENrs. Unless otherwise authorized by lhe vegelation
removlll pctlnil, no Bltachmenlsor wires olher Ih~n lhose or 0 pl'lll~c!iv~ or Il\lI\dlllllagjl\~ llOllun:
shall be UllDChcd 10 OilY vegelotion durinM clIllSlruclioll.
~ Bug CJI,'.srr D EXCAVAT/ON, Unless olherwise aulhorized by the veg~18ljoll
removal pemlll, no soil is 10 be removed from wlhin lhe dripline CrOllY veg~llllio.\ lhal is 10
rcmilin in its originalloc8lion.
Page 136 or 174
Worus sl1'u&t IRl'8ugft arc dclcled. words HlldcrlinctJ Hn: i1ddl:U
!;.
f
B c(....
February 11,2004
'1A
CHAIRMAN FIALA: Okay, fine. Thank you.
Now, someone was making a motion.
COMMISSIONER COYLE: Yeah, I've made a motion to
approve with the modifications that have been read into the record.
COMMISSIONER COLETTA: And I made my second.
CHAIRMAN FIALA: Commissioner Coyle made a motion to
approve with the modifications mentioned. And Commissioner --
what is your name again?
. COMMISSIONER COLETTA: Coletta.
CHAIRMAN FIALA: Oh, Coletta.
COMMISSIONER COLETTA: Check my driver's license.
CHAIRMAN FIALA: It's getting late.
And a second to that motion.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign. Passed 5-0.
MS. CHUMBLER: ***Tab L, there are no changes from the
version that was presented to you at the first hearing.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Motion to approve by Commissioner
Coyle.
COMMISSIONER HALAS: And I seconded it.
CHAIRMAN FIALA: Second by Commissioner Halas.
Any discussion? Commissioner Henning?
COMMISSIONER HENNING: Does this just apply to fringe?
Page 141
OIU>INANC~: NO.II~. OR
....N OI!JJINANCE AMENIHNG ORDINANCE
NlIMBEl1 91-1112, AS AMENIlEII, TilE COLl.JER
C()['NTY I.ANIl IlEVEI.OI'MI~NT COI)E, WIIICII
INCI.I:IH':S TilE ("OMI'IlEIIENSII'I': IIE(aII.ATIONS
FOIt TlfIo: UNINCORI'OIl.ITI;U AItEA OF ('OI.l.lER
('OlINTY, FLUIlIllA, Ill' I'ROVlIllN(; 1'01': ,,'.
SI':CTlON ONE, )(ECITAI.S; SECTION T",'\.1, >';-'
FINIIIN(;S OF FACT: SECTION TIIR[(Jo:, AlIOI'Ti.llN S
OF ,I~JENI)MENTS TO THE l.ANI) IlEVI(1.0I'MI,:NT "
COlli,;, MORE SI'EClFICAI.I.\' AMENIlING Tl1'[, '""
FOI.I.O\\'IN(;: AllTICLI, 2, ZONIN(;, IIIYISION 2;~; ..'
ZONING IIISTllICTS, l'ERMlTTEll USICIii".'?
(,ONIlITlONAI. lISES, IllMIi:NSION'\~;:;
STANIlAI!JJS, INCI.lJilIN(, 11I~VISIONS TO Tlligi;!.
IlliRAI. A(;RWUI.TlIIIAI. IlISTllICT, ,11)lllN(; Till;:
1(1:ItAI. FIlIN1;1': MIXEII LISE IllSTllICT,
I;>;CLllIllNG 11IWISIONS TO Tim ESTATES
IJ I STIli CT, INCLUlIIN(; IIEVISIONS TO TilE
RESII>ENTIAI. SINGLE....AMILy 1)ISTllICT,
INCl.lIll1NG "EVISIUNS TO Till( ImSII>ENTIAI.
~1I1I.TII'LE."'AMIL\'-6 IllSTllIlT, INCLUIlIN(,
ItEVISIONS TO TilE RESlIll(NTIAI, MULTII'U:-
FAMILY-12 IlISTIlICT,INC'LUI>ING REVISIONS TO
Tim RESIllENTIAL MIILTII'LE.FAMIL\,.J(,
IIISTRICT, INCLUIlING REVISIONS TO TilE
ImSIIl[WrlAL TOURIST DISTRICT, INCLUDING
REVISIONS TO nm VILLA(,E RESlI)ENTIAI,
IlISTItICT, INCLUI>ING IlIWISIONS TO TilE
~IOIIII.E IIOME III STilI CT, INCLUDING
RE\ ISIONS TO TilE COMMF.IICIAL
I'It0FESSIONAl. ANI) GENERAL OFFICE
IlI~TIUCT, INCl.lIlllNG REVISIONS TO TilE
CO~IMERCIAI. CONVENmNCE IlISTRI('T,
INCLlIlllNG ImVISIONS TO Tim COMMlmCIAI.
INTEIlMEIlIATE IlISTlUCT, INCLUI)ING
IlIi:VISIONS TO THE GENERAL COMMERCIAL
IlISTRICT, INCLUDING REVISIONS TO THE
ilEA VY COMMERCIAL DISTRICT, INCLUDING
IU.;vISJONS TO THE INllllSTRIAL ZONING
DISTRICT, INCLUllING IlEVISIONS TO TilE
CONSERVATION DISTRICT, INCLUIJING
REVISIONS TO THE l'UBLlC USE DISTRICT,
INCLUIlING IlEVISIONS TO THE COMMUNITY
FACILITY DISTRICT, INCLUDtNG REVISIONS TO
THE PLANNED UNIT DEVELOPMENT DISTRICT,
INCLUDING REVIS[ONS TO THE RURAL LANDS
STEWARDSHIP AREA OVERLAY DISTRICT,
ADDING THE NATURAL RESOURCE PROTECTION
AREA OVERLAY DISTRICT, ADDING THE NORTH
BELLE MEADE OVERLAY D[STRICT, DELETING
THE INTERIM DEVELOPMENT CONTROLS
(MORATORIUM) FOR THE VANDERBILT BEACH
RESIDENTIAL TOURIST (RT) ZONING DISTRICT;
DIVISION 2.3, OFF.STREET PARK[NG AND
LOADING, INCLUDING REVISIONS TO
PASSENGER VEHICLE I'ARKING IN
CONJUNCTION WITH RESIIJEN1'IAL
STRUCTURES, INCLUDING REVISIONS TO OFF,
STREET LOAI)JNG REQUIREMENTS; IllVISION
l'i1gl,l! 01"17-.1
Words stTUGk-HfF&U~h arc dcle(~cl. worLls untlcr/inctl ure added
r"{{t
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.,."
.,
.-';
""'~
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li. Upon conclUllion orthe hearing Ihe environmental advisory board will submll LO the board of
cOllnly commlsslon~r5lheir fBctli, nndinl:5 and recomml,!lItlutlollll
1::.. nil.! bUDrtl orcullmy commissioners. in rcy;ulnr session, willmukc Ihc Iinnl decisiun 10
umn". uverrulc Of mudlf)' Ih~ duch;iun of Iht.: ucwhll)llIcnl scl....il.:C'l> din.'Clor in Iiclll uf the
rccUlnl1lcndlllillllS urlhe environmt.:nlnludvhnll)' board.
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SUBSECTION 3.K.
AMENDMENTS TO DIVISION 3.9.,
VEGETATION REMOVAL, PROTECTION
ANI) I'RESltRVATION
DIVISION 3.9., VegetBtion Removal. Protection and Preservation, of
Ol'dinance 91.) 02. 8S amended, of the Collier County Land Development
Code. is h~rcby amended La reud ElS folluws:
IlIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND
I'RESEllVATION
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3.9, I. +kIe-eftd.eiHltieAr TITLI! AND CITATION. This division shall be known and mu)' be
clt~d as Ihe "Collier County Vegetolion Removlll. Protcaion and Preservulinn Re(:.uln1ions."
J.9.2. Purf1llstr PUUP()SF.. l'hc purpose of III I, divlsltlll is Ihe protection uf' vcgclulilln wllhin
Collier CUllllly by reL\ulnlillG lis rcmuvnl; 10 U!;sislllIlhc cunlrul or I1tll)uin/:l.. liLlll CruSillll. tllISl,'
hCIlI.llir pollulion Dnd noise und 10 maintain properly, ueslhetic and henlth vlllucs within Culller
Counl}'; 10 limit ,he use ofirrlsntion waler in opon !lpllce arens by promolln~ the prcs~rvnlion or
existing planl communllles, To !imlllbe removal ofeKisling viable vcgcllllion In wvnnce oflh~
npprovul orland developmenl plans: 10 limit Ihe removal ofcxlsUng viable vegetlltion when no
landscape pinn ha' been prepared for the she, It Is nOI the intent of this division to reslriellhe
mowing of nonprOlected vegehl!lon in order to meet the requirements of olher seclions of Ihis
Code.
3.1).3. Applfe&&.lm,.. APPLICABILITY. It shall be unlawFul for any Indiviuuul, firm, USSochllion,
joint VCI\lure, pUl1ncrshlp. tsla!e, trUSt, syndlcpte, fiduciary, corpol1llion, group or unit orfcuemt
state, coun!)' or municipal government 10 remove, or olherwise deslroy, vegeloLion, which includc.s
placing ofndditionnJ \ill, wilhout firs! obtainhlg II vcgelolion removal or vegctnllull removal nnd nil
p~m\1t from Ihll developlnenl services director except as hcrclnul\ur tlxcmpled.
3.9.3.1. ~I-lBR& BRS EHaeptieR&; EXEMPTIONS AND EXCEPTIONS
A NBMD EXEMPTION Develoomenl in NBMO Rccelvlnl! Lands arc excmol from
the orovislons orthls Dlvldon
a. &emiFlBle aRS t1lssEI5I:1!:a8 Tries BlIseptisFI. SEMINOLE AND MICCOSUKE8
TRIBE EXCEPTION, &11881* thatl!n accordance wllh F.S. ~ 581.187, vegetation removal
permits shell not be required for members ofelthcr the Seminole Trlbtl ofFlorldn or Ihe
Mlccosukee Tribe of Florida Indians, subjcCllo the following condllons. Said pemlll
exemption shall be for the sole purpose of hnrvesting select vegetation, Including but no!
limited 10 palm fronds and cypress, for use In chlckee hut construction, or for cultural or
religious purposes, and Iribal member Id~nlJncatlon pndwrltlen permission frum the property
owner must be In pOS5"llssion &t the time ofvegctullon removal. This exemption shall no\ sppl)'
to gencmlland clenrinll. or to DgricuUuralllmd clearing, including silviculture.
c. AGRICULTURAL EXEMPTION. Al!ricullural ODerll.t1ons that foil within the scooe of
sl:lCIJons 16],] I 62(4l nod 87.] 14(6l Florldn SIBltlles lire cxemnl from lhe nrovl.slnns of3.9 J
IhrOlluh 3 9 9 nrnvlded rhDt Rnv new clcnrln~ "flnnd fnr R~rlelll1urc outside nrllut.B.L.5.6
\)l~lrict shIll nol bc converted to non-nl!"riCllhural develoDlllenl far 75 \'cnrs nnk."liS lhe
nnDlicllble orovlslons set forth In Secllons) 9.4 throm.h ),9,6 arc adhered to 01 t~e tIme oflhe
conversion The ocrccnt8~c of II olive vCl!elallon ore-served sholl be enlculDled on Ihe "mounl of
Page 125 of 174
Worus !ilRlelHflI'tlU~ arc u~ICl0tJ. wurus undllrllnctlurc lidded
~l\tion CII:curriul' 111 Ihe Iim~ III' Ihl.! all!riculluml clcnrhll! lint! if lilltntJ 111 he tldici!,;;nh.Ji
I!Ill!Vl.! "lUlU conllllllni!\' slnl" b.:! rl!SllJred III t()o!:re.olc 11 nlltivl! olll"l community in 1I111hrcc
\:lrilIU,f!lrnund coven: !;hr\lbs nnd lree') 1I1i1i7.inl! IrltI!el' nlun~_iQ...BIL!Q...!l!ImLUl.lidilr
Q,::9:llli.!!.:.lhs;..!lill.ma!l.lI!L~J':~
!1....-. PRI;..I;XI!i"r1NO ~gS. EXClllOliullS" frum lilt recmitl.!nlenls orSectinnJ..2.iJ!mU!lID
.1<~.~ ~It!llf U!!L!1lmb.J!1.IlfI.$\=I..QLJilRil!h":',~rnuil!ll!1liun.n(.IIl!~~ ~rilhjllllw gEMllD !1'hh;:h
!':~i~k'Lt ~::\il'Jill& r.rlm:.!ll ~!lnI11~,111lU.
I. .Jjm;iJ..I:.sili!!Jllur~fiJjIUJJUnsllllll.!' '!.wli~.fm:.ill1i!.UUlIl.~lJ~!.lOO!Jlil~ \\'L'r~'.i.!i~l!!.:LI
!}rim tn JlIn~ Ie) "'110'" or oruiccls fnrwhich 11 CundlliulInl USL' t)f' IlI.!ZIlIlt:' llitl.iJ.inuJWi~U
lInmoved b,' the Coun,... orior 10 June 19 200'" or Innd Il!lC nClilio\li~~
~Q....mm!icnlion hnt been !Il1bmllh!d nnd whicl1 118\'0 becn delcnnincd 10 b~ wSlcd
rrul~u1r.I,;wenll; of the Finnl On.!!!r orior In .Iun!! 19 "001 'nlt~ ~U!lllk!11.!!r
~i:HiJU:. ~ilinlL!ndmh:"'I!XDllnsillnli.nr 1lm1!i!..~liJr.!!llii1t,~nunsinns tlllO. !:W!liilil!'!lurilb
ill:j,;.lellrh,tl!l!;:lllllt'\'I[llhc~ting,.l!Si,
L Such or~vh)llslv unDl'tlvt!d r.Jev!!lomn\lllls 5hall b\l del.lJl1cd III be cOnsiSI!!,,1 with the
.ciM~1llL. Pollcll!~ Ilnd.nW~1nuh!LIlEMllDlslricl ano IhlOC.Ul!l):.h!= bl!.ilumlln
~mlJ.ungLl\'lll1.Jh~j[.nr~....itl\lsb:.nllP.r~..IiI!I&.....&:~nll~.lu ili~ IUJ;rieJIIIi .iIlU:m!'tI!I!i
1'111111 ab,Il'hc 1!~'CI1I~'I! 111 he ~'Un~i~IL'1l1 wi!\! l!Jt' ~j~1" (ill:\I~, t)hj~~ljYL'" mull11Ilki!-'J: 1;11' Ih.'
Iq.t\11J .!lhltiVI !.!!i bm~ JI.Uh~x..~!! !!l!l O:Iil!IL 1n.ll!l"lli1T..I:.Il~' JII Ul'Yl::bll!lJ1<;!!I .~~II:,ilr.llr
jl!l~l!i:!iu'
11-. FXL:MPT MANGB.Q.Y.I.LAI..Tl~IlA TION PROJECTS Mnlll!royC ollenllillll l)Tt\iecls
Ilmlllre eXlmlDlcu (rum I:tnriun Ot:m:tr1lncnlof EnYironl1ll.!nla! Prolecllnn nennh !"Ilcuircnu.:n!J;
hr..flm:hl.ILAdmilli!llrllli\'c Ct'uJe 17.3' 1.060 lire c!.tcmnl from nl'!!ServllllOI1 stnOOnnJL.fur1h1il
mnn"rm'lol 1f'L!l.!s' animas Ihc" orc n nnr! "fn nr!!sen'e, ""Sll!.tenlDlinn !i:hn1.!..ll!!!..u~
!!!!1!lllrO\'e nl1~ralilln5 or Mlllovall" uny DreSl!rve or In onY nl'l!D where Ihf' mnnllfllYl!!. huv!.! been
0tlllimal.111 slllisfllC'linn of S~!:linn 3.9 01, 1111." Collier CounlV Gnvirrmmcnlnl AdvisDl'\' Cmmdl
rFi,Cllnllv !!nIllULErinnc!! (1Ilhe nrovlslnns nflhis SC!CtiOll ifculOnlinncc wilh (hi! nlllnl!rCl\'C
(re!! nrescl'\'l1Iiun 5tlllltlnrds DI' 1I11\: Division \Youlu imnClS!! tl uniQue nnd unneCIolS"SlIrv ImnhihiJ1
illll11c O\\lll!!r III' nn\' nlh!!r DCl"50n in callml ofllrr!!clcd DrODOnl' Mllnl!l'lW\llrhnl1lllll! nr
t"t!nlOl'ul for II \'i!!\\' S"hnlt nol he t:nn&idf!r~ 11 hUNshin Rellershnll bl! I!l1lnlcd nnlv Ulmil
lh.m\lln~lnttion bv Ihl! lundmvlIcr or ulTc!:wd Dtlrl\' 111111 such hllrdshlD is occl11hlr In till: rtlTcch.'d
U!1!n!ifD:.nwJ.Jll!!.!l,;lfimnu5ctl ,,"0 lhnllhc 1!IJllll.jl[1llllrhl1lcc wllLhc CI111shlh.'llI ~lhL.illI":1l1
orlhis division nmllhe llro\\'lh nmnlll1emenl nino.
tel!. J ~'.r ..ftplltlltl8t'l-TelJlIlfoefltefl~
.1.9,1,1, Q'~", ,II! m:.'S ~~Hi .~M ~IB "egelatlaR rema 'Ill pBnA.it shall BI! i!lSilleS \3; Ike I!IllFlniR&
5e~ir~HfI14oU-aIHPIH+ea~~-&H9-stale;-etl~w(tt) BJJJlI'B''aIs-aHlesig+laled~rtl\e
at!oWltlf.lllll;!nHlel....itlH-di""alfll...hll ve-bl!l!n-091IliRt!d-.-'f.hase-lIllprOYIII!l-mlly-fIllHUdtl:-blll.llr'l!-mll
lill1i1t!d Ill!
Buildh~fJI!ffIHhi,~~riliml!l! It~ 6Eti9n J,:.K.].('~i!i-l~Il:i~
Spl!(Jial.I~l!'mltliHt~1=.)-tI~<dtlJ'lAltml.pel'miHr,
l-.hS...^I~l1r~s-Or.!;I~HfIfITpl!FI,,"itS-Ul'~eft!t,
~l'itIM-!;)epitf1ffltHtl-i:lf.l;n."iNffitleRtltl-ProIUGI,htfl..,eFmil& ar ~r'ell'lpHUnS,
~H~IUI 'A'ihmfe &IlM~ls-eF-WIefltplioll!l,
r1l1rhla r:i~IHlAf"..Wihltife-.Genset"t'8Hel'l ~l!Irflfflissilin ~15-eF-~Ittp1htlts.
SOl.l~~r.I~It!t'-Managl:!mltfll..t;)isll'i&l--pefMHl5.eI'~l'IlpHttn!r.
GlHeMlflplleeBIe-ege~ews-er pel'lll il5 8HH-efflpl+eM,
GU~HtttlAly-eppF9ya.I!O:
J,9.1,: 1PJ3~'liAtlf11 e:mle.l.'s. \Pl!liulll!IR far R' egelalieR reFIllS el I'el'Hli!skall be 5118miuel! Ie
lke-aew.leJ!lfRlfRI Sl!l"I'iEU S:irt!eIBHI\-WF~lH-feAft1!feyhle~e-de'''lllaJ:lIRenl sap lalls
I:I&paAfflelllo
~eaa8R shall iFlGhllle the felle..IRg iRfal'fftall&ft:
3,9,1.3,1. ... geRl!l'aliaell"egelBUaR ill BRiar:, 'hialllnllhules:
1. (',rts"B'Iudl agas/'s , ' n!l ,rs", A geR8Nlii!!eli egetal'ieR h'''eRlaF} IiRall 5H&W-lfte
appraJ:imlle lelOJlIBR BAd eneRI Dr egela~i9ff-IfIHHHhe site. 1116 IR, enlSI) !IkMJ....I:te-e&s~n
the II E15( l!I:I.FI'IIIlI il 81lDIJIe.-IRfel'tfttiiett.-Fer ASRI\!siaBRllal aft&.mlllltfall"b'-dIW~lopRll!llh-iht
iltWnleFY-ffiIl;f:be-lIHktH1tI'l'fl-&HIHlttFi&I-eH-AIlIlH;UFY~IIlJ.II1I1y-btt-liiniitIHJHlllle"'.lJ)'
JffielegAtfiks-er \ hleslllpl5 nhI511'a(illll)'flieaJ.-.itHlt5-&H~illn I t!ferell11l!.wltT1'tl9ltltlllfi Elll II ~
aeffiH-eI'-5tl~~1 shall eIIHFI)'-Indt&ate-habf4a! ~ ~l!5 RllEl j!lfDUBWI:J ~gl!lll.tlDllt-fIllIHtt~lt~
BBElSlllpanlsd ~ J1"'8IeeFlp~ee,-pe&-UlU51PM1f11t'1fPir81I1rI!85 Elf'.~g"'llll~n"I'~.~k'tld-tfJ
I'BshlRRs sn Iko--aeAal-er SliP II). T-'h&-gEIf1eralklls'llgeI8lhllR iltYdtl~~Fedin
solft&-fft&~lIh e11l81<1; nlllS"~rB!B$ t"'~ R111KioMltips-blKw~e-afearo~ltItiQfHlllll-Hk
p~-5ife-impF&Ytlmeffl&.
Page 126 of 174
WllrtlS stfflek-"WDU~ lire t1l!lr.:h..>d, wurds ~ ure udued
'1A
1A
2.... ..(.j..llt.n/lil"'-tW'i1II!IIILf.\.t.JJNIIIt'I'hlll.I....l.,I//lI,tJcm..:I1I~-g1!Ild["Hli~L1"yt!'gl!IHlillll.iIlY"'llIt1I'Y
5'utll'al!-itot!llllll"tnil;!d.~.ltrili!f 'YFiH~IHliilil!"II'lt!lll-ar-lh..lthu4l.IIt)I~HnUt\iIWS-wllil.\.\I.lnlw.b~l!ll
iclo:!ulilil!u IlIllhe hitl!'..'I'hl! lUiKUGSltlUIIl1Ol1ll11 illlllmll!' ttlluvtlhmllulI urChltrtlCleNIl1U qUlllity uFIIIl:
I,bllll clllllllmllili,,~ idumilillJ., inclllding- Ihlolir Illril)';'V.jllhilit)'i lllld SUllh,olh.,r.physiuul
Chtl,rtUIl,!l'iIiHI.OS..JII1J..1tt11IUf9-whiolt'llU')'"ll!:rI!,*,lluHf-J)Mt!l'VtlHlM'i,":r-He-iU\<UI\!a""fll/lilllJSlll~HlKd
.,...."huuilll1l1hal1 b\!11t\!jlHFI!J.hy-tl'lWntMll.knuwtddxu8bll! ill.tbl;l-iut.lllliJiuflLiun.tllld IlYfilutllillllnr
\-"'l;!.l.!lltliw "I!SlIururH. !illch'IIB 8.rurt!Ii'l!r;..biulll~lIh .Julilugish ~lorliculllll'i51..lilILl!iI.'itll1.' Ilr~hiII!CI.
Ill' 1:~'nilil!J lllItSttr~'nllllt.
J.- - R.....,tHf,HH~IT"t"hllliNHc/f..ffiI;'l'HtflHtHt411tt-u"""tllupmtllll-~f'rlI!I."5-tIiR!eII.IHIUly-t'l!qlfi~.lilltl
Ih~-MI)plictlli\ln.illl!llId~S\lIlh-ltdrJlli'"l1ll-lnl(lfl1l1nillll' whkh. h..r\!IIIHlllMhl... I1l1d 1II!C~li...IIl'Y lill'
1I~1"'lltIlhi lItJminhunulull.llrlhi_ lIiVj".;III1,
jt,l,l\'*';,;.....-...A-iil~lItt-W1Klik-tfwlut.l~
~... --IJFUlh!nrJillh!Hliiel\!f,
~--i:.tlettt-itJll-er~li-I~Hltitilt~itilfltG+tlI't!-ttMd-itIHlI'fIHtlIl~;
~ _. '.\'ftllltlHflll-tt':pmfltlSI!J'~lFUI:II'"~tHftt9IF\ltHUrHIIU-"""r.lifl"li.
-h. .___..:I:Iw.l\l.....liull."lIt~~h'l!i~ll-lll'l,iII!OItlU,.yl!~t!lltli""..!.Mrctl."limUIi-,trtl'5in~11! slll'ei",!;.
~L1dH'l> "'Ylw~,,!> hllllUIi. III11Y~ll! inuicwleulls II ~nmll-Willt'lIl1llpprl"dllllll~ Illlluhl!r 11r-11l...!H.
i.....---~iHe.j4e-tn~IHlf...s.IHpeeiffien-lR!\5;
&.-__--I~t$_~lIlhm_e~4\I4treh:!elI!B e..l!lll.ieIl1*'lJMKM~~
~_I'rlH!8H9iHlI'Hkla\8il!H)Iimt~t-iw-Bftf'l'ieluJmg.e+.tfll!-YegetaliHlH~Ritwl!-.
g..,.._ 1}~sltritMla~It-Hft)"1Jl'BjlBS~" alhlRl.lhlR 8Hnl:lI~"'l!lh
fl. ~e5GFip.hllHfHlI:;' J!FIiIJ!89I!B IUlliltl-4lllll.lIw--iRntnWH~j:..m8ngreyl!li,
.l,Q...I~"l-IHfIK.!U~AII!'"IOIttI-Wl.i[!k-iI'lIl-kKltlli(
.\..------NIlAll!, IllldFI!S5, BlHl-pkafl~r8ptlFl) 8 'RJf
~. l>rBIl1l!. aBYFeSSraIlB flkBIlS BfBUlhSFii!IlS ll~&eR-Silt!-ft!13F1!!leRItl~
:l-:-----P-fD&Hre 'fleFShilh
.t. ....In!gHt...I~Il"llit)'illll,
~. -1{"I.!;m~-t'Ili>-VrllplJ!ll!UftHMWttb
fl. tMhatH&4fSflltg~s'" egellltlBIl III B8-NfHI}~I'lHl!ge{a~ien-lHt!'pl't!SeFYdu.HI'l~
~otl-tl~
IH>hfl~1HIt!a...ha+-lkI!-F9915~!lIBR BrlhHllteta~i8tt-!1hall..~sa hI! pFB~,
'; f:ic:>l\1I.1HF~ 8rprIlJl~..ner8reeJl:' efasp!eiRe BBAlr,a~~~R,*,.
J9.C~..t. '/e;etati&fl-i'ele~fk
If egelaliEm re.leEstlaR is praJlBlI!El hj Ih!Bfl~erle 51'! dllvelBJllftenl plaR, lIa~
phln-eF-G~flal-ej!lfl'fl/als, B :e~elBLlalH'elael\li&A-peffAlt ("egetallsR FeRltw111 ,emllt) mB~
issl:Ie.a Bj Ille d~Rl ser :Iees dlreBlef "Fe ;jdMl-llNI-iHan-bHl~flteftSWB.kta.thlll-eaAY
IRIl\SplllRl-aHaR--wUI..eRkeIUlll' Ihe 9llp'l"al eflhe-Mleli8le6-Yt!g6l8llsFl, Tila egeII!.H8fl*I&BaHtln
~IlBllaeBl:Ill1eRllftelhed&8rreI86atl8A.Ul1llngBfFBIBelllleA,"'III.Fi~I5kI~I~",,~
Ins Blher i~feffl1BlIBR as fll!!;ulffld 8~ the dll\'eJsJlMlRt &81' 'lees dil'NHtfo
3.9.4. VEGETATION PRESERVATION STANDARDS. All de...elooment not sDccificallv
exemolcd bv this ordinance "hall incorDorate 11 a minimum the crescrvlllion standard" conlained
within lhls secdon
3,9.4,1 GENERAL STANDARDS AND CRITERIA.
A The Cf!lSeI"Vlltlon Df native veuctBllon shlllllnclt;du canoDv undc,,"slorv umJ
I'round cover cmohnslzinl.!.lhc IlImesl conlil!uous nrcn DosslblC! c);t'cDl liS olhcnvh;:c nrovl!h&.ifI
Suction ~ Q.7 1 IT
Page 127 or 174
Words SLFUel: IhF91lgllllre deleLed, words underlined ure udded
1A
ll...._~ Arl!M 111m l"ulli11Ihl! nDllv\\' VIl'I!I!lnliDIl retention I1lnndnrds llllU c:ritcrill or Ihis ~L'clinll
:!lmH be set ntidc l!!.DtCIiL'tVC orcal> Gubil.!cl I" the [Yg!!~nllml!l nr Scclit'1I1 ] .9J....Sit~h.:J1I!1l!b
D.:ai~~!!~J:~\:!l1J!1..fmm 111l! l'l!uuircn\l'I!1E..!!L~.J..9.,2
C. Pn:scQ;SL:I!'l!mr dml1 b", scICCIL-d i!L.lilll,;ll nJanner us III preserve 11ll! f'tlllll\villll.....!u
"'~..J.:Il~iJ.uult!Ja.nr.w:lm:l!.h.~~!:nL.l1!.lh~ ..l!E!rUL1.hnLr.t~Q:!!tiHnj:!...lnlU~!!lI!JI~I!Im:LiU
~~~1 j 111l~.J,2..&:! ,tLurnU..9. JLlJ:;
l__.11!l~hc wClillmhl!!!.rill.1l. III} nssclIscd .[un,g,!!!!U!!llY.n.rn,(I~_nr.I&!:Y.!!~r.
~.tHlillunown It! hI! miliJ.cu h\' !islet! ""ceil:!! .!!L!l~~.l!:i_s:urrILlul'li .f\1Llh~
,n!!y.~H!~!!\.!!L~l!!.!Hfi.:;
ll....-ilnL.!!nlllnd hllhitlll ,Iml serve! as n hum!I' 'nil \\'01111I11.1 Hren
::!.........1i:;lcd chmllllu] ulIimnl sl1eclcs Imhhllts
~L-_.&:ri~
6. DUlle \Inti !-;lnll1d HanlwDod ('Inmmocks
1.. _l2n:...f!:nirh:....~in!.LElnm:uml:i...!!!!ll
K... All miler lIphmd hubilnls.
L1s.islinl! lItuh.c Vl!I!l!tlllion loclLIcJ cOlllhmoU! lOll nnlilrlll rcst!r\'lIlion.
I). l!r~~enlllillll I\r~us "hllll he illtercnnm:cll:Ll within lh~ sillL.J!J:llLU1._!!J,1iIDnjlliL..llIEill~
~['t~!111oJ\ IIrl:tlS or \\'1ll!li.Ik !:urridl!!1.
I~ Iu....!~rl:UIi:51 ~.\(1t!1l1 nusslble nmiY1LW1!.CIIlIiml......iJ.L..mumtiJj~ilm.lI~Ji~l.n.!rI~. i!l
lliUliiill!.~11 b~ illcnmnrnlcd intn IIIlUlsclloc JCllil!lIt in 1!!lIcr \t) nrOlllnlc the 11rl.!SC"\'!.!!.il.!.!!
!.!!JllIIh'c DIllin cllmlllunhks IIllJ In cncouml.!C' \Ullcr eonscn'tllloll,
3.9A.::!:. SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND ttLSA
DiSTRICTS. Oulsidt! Ihe RFMU <lnd RLSA Distrlcls nntlve \'C'llctlllion lihnll "l! nrcSCl"vcd on-sile
J.!.J..mu!I.!L!uuumJicmloll or Ihc rollowinu orL"Scrvallon nnd venolntlOIl relcnllnn slllnJnnh nnl!
crhcriu....!!Jll~hc dcvclonrl1t!nt t1ccurs Wilhill Ihe ACSC wherolhc ACSC stunt!l1rds rdcrcnccd In
Ihe Future I "nd Use Element shull annl\' '"\is Seellnn .shull nol uno!v 10 silll!bli,mih' uwellhll!
units shunled on IndivldullllolS or nnrccls
A. REOUIRED PRESERVATION
Il)l:v.lo........... T""'i: I "'ondnll.n"h I~n'''''rd Ari:n No '-('''''~I"llr .h 1-l1lz'lnl A 'Il'l .._-
I.ll'SS lhan 2.5 nercs 10o/a Lcss Ihnn 5 ncres 10%
Itesidenliol bod Mh:ed Use: EounJ 10 Ofl!reblcr EQUIIIO or I!reDICJ' Ihan 5 DCI'l!~
Vl!\'elollnlenl lhlln" 5 nCres 25% nnd less Ihan:W neres. 15%
Eoual 10 or
l!n:lllcr Ihun 20 Ilercs 25%
(jolrCourse 35% 35%
Commercial and Induslrlal
Develoome.nl and nil other Less !ha" 5 neres. 10% Less Ihlln 5 ncres. 10%
non-soeclned deveJoomcnl
~ Eouallo or I!fcelcr Eounlloor
than 5acre5. ]5% nrtoterIhan5 acres. 15%
~
Devcloomen! rRural.lndu.srrinl 50% nollo eleceed 25% of the nrolect 50% nOI to cxceed ?5% or Ihe orolecl
ni!nrlclonlv) ill<. ill<.
B. EXCEPTIONS. An cxcctltlon rronl Ihe vl:l!ctbliun retention 511mdords utrove shull be
I!.f81lted in Ihe Follow!"!! c1rCllnlSlnnccs:
I, where thc Dureel was lel!oll" c1cDrcd nrnl1li"c "cl!ctolion nrior 10 Jl1l11mrv I t)gl);
rugc 1211 ur 1'701
WunJ!lli!.r~lOk-Ihr.Qllgh lire dlJllJtcu, wurUl> lrndcrllnctl Ul"tJ lIt..1deu
'71t
;t._ _~tbla-rr Ib!LDU~IU!l..nu!8mlllllv Ilcen,llIll!!!ln!g'p...ll1!Uhl.:.unolinuiW1.l![ .l1U:_IlUljYli
~~g!.1JJ!lj!!ll r~!.!:'lI!iillUlillUhl!lIIUl!nUh!Lnwnl1...wl!~ 1I11lID"!.1ll111Uh~[.1l1lli Cudc .1i!JIililIaJ!!
!.!lc r;ri!..:.tul!ilr!!Lin.~hlu.1.2..1.J...~
J~A.J....tii~irll:U;:. ~IA~16gnti.EH!tJ.11JL.!iEM! Lll!~!'I!!Lr.. .I:"llf. lJ!.l!~li. ~tillii.tJ..Ulk. !~EMt!
J~i::illilOl. 11i!li\J.:. \"J:J:.IOIi!liulI :!1U!IIJ?Ii 1ll~'!lcr\lc~llh!'.!III;b Ib!i.uJ!llli~!ll.h!ll.U[lllli.Ji!lh.!!ri!ll~ 1'U:~'li~r'iillil!ll
1lI1~1_}).al.~lllli!!!Lrl:'~Ulh.!!!.!!!i.l.!lllull\li..t1ml.J:.ri~diL...l1J..lllWiliilll Jl! ll~&IiII1::rulb:.Ulll!U~ilbi~ t!!illlilanl~
HlIJ.nju~rill ~~Lfu111Lill ~l.lcti\1Il 3.!!.dJ..J1.bmJ:.i
1\ RFMtJ RECEIVING LAND~ OUTSI!)!:: orl.IE N13MO
I ^ minimum of 40% of the nnllvl! vCl!~llIIiull nn$l!l\1 nlllln cxc:cud ")~~"..1![lh":'lllm!
';ll'-"",,,iI1IIILmw>~
U. OIT-!>hl! Drcs~rvntio" !Ohllll be allowed 01 1I.IlIliu tlf \:1 if :mch un:.ul.!,:
nre!>t!rvlIIioll.!LWCUlcd wilhin 1tf'~diIu:..I.!lll.di.
!l. O/l:..gile Dr~servnlion bl! Ilflowed III 11 nIIiu Ill' 1.5'1 JLIill!;.h.-Ufi::J.l.!:.
I~.llIlhll.Lili.IWI~i1.nUlsidt.' nfSelllUIH:...I=unnli..
~_ Like lur like [m:servnlinn1illi!IL~rnmircd f1!l:....L'r.1l11bdlLllllB.hrumLuml Qilk
l.!illrullod: \'clwliUiw Bl!ll1ll1U!iIh;!i,
"I. Whcre sehuel!! ami other DlIbl;!: rllcilili~s arc co.\ncmoo on II sile Ihe nuti,'e vcuclulion
~linn ~Qllircmt!nlil1D.lL..MlI)G,ir Or~~I!DllimL_!ml.!Jl~~lli.ill
II~ill~
11:..--_ NEIITRAI I.A NilS
J......Jrr Neutral I nnds D minimum of 60% or Ihe nntive vcl!ctnlion oresenl nullo c,;cccd
-lS% oJ'II}!! luwlshe oren flhull he nrcst!rved.
"I ExccotioLlS.
\I In Ihose Neulmll.:lnds Itll:mt'd in Section "14 Tuwllshio -19 ~oLlth RlIIlI!c ~~
rn~l in lilt! NIlMO. nnllvc \'t.'I!C'lnliOIl slmll be DreselVL't! os sel forth in.Jil:t:linn
Uil.iJl:.
b. Where schonls nnd other Dubllc facilities are co-Iocllled on a site Ihe nAllve
vc:"etarion retention rl!lllllrclllunl shall be 30~~ 01' Ihe nmlve vCl!clatioll Dresent nnlto
e~cecd":i%ortheshe
C, RFMU SENDING LANDS.
1.. In ItFMU Sundin!! l.nncJs Ih81 ore !lot wilhin II NItI1A. HO% ur the Illuive VCl!etlllinll
p'rcsl!1\l on site shull be Dl'C.servcd. or os ulh~f\vise D1:nnilll!d lIndur Ihe Densitv BI~lld.inl
Drovlsinns orSL'Clion 1.6.40. Orr~site Dres~rvDtlDn shnll be allDwed in snlislnelion of un 10
~'\% or Ihe sile nreservution or vel!l:lntive rl!'lcmtlon rooulrelnt!nl 81 n mIlD oj' ";"1 lI'such
QIT.5il~ nr~scr\'lIlion is locnlc.d wllhin or cOl1lil!Unll~ In SCl\l:.linu I nods
; In R~'MU Sendlnll Lands thBt ore within D NRPA 900/D of Ihe native vt:l'ehllion Dresenl
shall be nresl!rved Dr such olher nmounr as mav be DermlUed under (he Densitv Riendinu
nrovisions or Section 2 6 40 Dff-slle Dreservatloll sholl nol be credited lownrd
satisfaction OfBIlV orlhe vt:uellltlve retenllon reaulrement DDDlIcBble In such NRPAs.
D GENERAL E:XCEPTIONS.
I. Non~confnrminl! Pre~xl!lflnl!' Parcels In order to ellsure rensonable use and 10
prolect Ihe oriv8le orooertV rl2htll or owners of smaller Darcels Dr land within the RFMU
District i"cludlnl.! "o"conformi"!! lo(s ofn!!cnrd which existed on Dr before June"" 1999
for lols o8rt'els Dr fractional units Dr l.!Ind or w.IItt!r coual to or Ie$! chon five (5) ner!!s In
size nOlive vel!etntlon ell:l1rlnl! shall be allowed al 20% or "5 000 sou ore feel of the lot or
!loreol or rraclio"ul unit whichll'v~r Is 1II"C.lIler exclusive of Dn... c1corin!! necessol'Y 10
orovldc for .II IS~rool wide "ceess drive un to 660 fell! in 11!I1IIIh rour 10111 nml Dnreels
.'rcnler than S oeres hul less rhon 10 acres. tlO 10 ]0% or the Dorcel llUlV be dented 'nlis
"flOWBnee shall not bl! considered II muxl1nllm clenrlru. nllowollce whcre O!hL'f omvlslulls
orthls pilln IIl10w for prel!lter elearl"" omounfE 11tese cleorln!! Ilnlltatlonc slnlll nOI nrohlbil
the cloarln!! of bruch or onder~storv vel!elatlon within 200 feel of struclures In order Lo
minimize wildfire fuel sources
;. Soccllic County-owned Land On Counlv~ownud hmd Incnlud in' SL't:llntl ~
J'uwl1liWn ;6 E Rnnl!c 41) S (1/.360 lIeres) Ihe 1Ii11;VC! yceellllhlli_r:\;.WI!lim!..nluLl!ill.:
I'ugll 129 or 174
Wunb ~Iu+tugh Ufe deleted. \Vllrd~ underlined lIre lidded
1A
nl'c!lerVDllon reUllirclllen1!i mllv be reducl.!u 10 50% ir lhe oennillcd 115m; OTI! rc!Olriclcd tu Ihe
Illlf.,inlls or Ihe ~ thllt ore CDIlIII'IlD1Ui 10 the cxi!:ti.w:.JnmLll!~D!..lh..5;~
n!il1tlVlllJ.\.ill~l!!n.all!lLlhc clllin! 1.'.360 m:n:li.
J~...[)i5cr~lionilr\' F~ccntlDI' I'DI' Eu.cllIiull'lIblic !oicl'YiCt!$. 1111:. cUllununilv dl.!\'clllnU!~1
lllu!..!.:uYirull~n'icc~IKllllililllrnll.!r...ur..ll~~..!!!U~JWlllllUilli:.lI
~"''llllnLi!!llJl.!~~.nh...I'!Y!U~Ulhll1.!\aIUi!:l:.lu!:!l11J11.l..lU1,rD1W!lllb:...tmum..llli!u~r
~lil:ullallll!blk scr\'icc!\j.JJ!.!!!illwaUI1...Ila1im~.R.~QLiJ.clIlI he J~'OIl!!UU..'1!.!.!8!J.hi!!.l.!ll;
1ll.1;,:!W]I~luinml~.nnd the [isSl..'nliulfubI.k.SCI'\'lcl.'s amnlll..bmh hlLn.:U8milbb:
i1t'CllI11ll\l\dllICU UII Ihl! sill! nlldlL!tillJh~ inlcr~!:lllr Iht I!cncmlllublil.' III nllmt.iJ
r~!'hu:lli!ll1n1!l1J!r.mt!1..fr.mll~~Ji!r nrCSl.!r\'1lliun.!!!mllw:.~cl'Clll,ioll.
J.t}..!"'. SI)L~CIFIC STANDARDS I:OIl RI SA DI~"RICT J:or lanus within Ihe PLSA Djstrlct
!ll1!h:J:..!:~f'mjnn.ll!ll.lLllil..~~...!!!lllilIlL!!1.!h~ RI,!i~Re!!ullllimls lIcl rarlh inli!i:cliun
;,::..n HI' Itlhi.(mh:,
3 I.J -l:; DENS!"!"" BONUS INl'ENTIVFS. Demit\' Honus Incentives shllll he unm1J&..ll!
~m:.k...nrcscr\'lIlinll.
A. OUTSIDE RURAl. V1LLAGES. In RFMU R"ceivinu. Lunds nOI d~shmah~tl us II
.B..u.IJI1 Vilhu!.l~ b dem.i1v bOllus or 0 1 clwdlinl! unit Dcr m:re shill! hi.! ,'nmlcd fill' chell lIefe !!f
1Illlh'c vc!!clntiun oreserl'cuJ,!~i1e lhnt excl.!l.!ds J..b.!L.nmllifcmc~C!!!:1lLiD.liWin1Ll.2d.J..
lli.!P=-ll.~tlll!ill:J..![LI!IW ~[J!!;rs..i~ uW~hnllUili.!l.s:.W!~rTnli {~i!li,
I.!.. _. ..,JM~WiJilmAI. VIII AGI':SL---11Ll!FMlJ Ih.'Cl!lvll1l!..Liuu!uI!:lli~_l!!...i1J!..li!:ilJ
Yilln~cm~il\' !.!wllJ5 ufO 3 l.hwlliul! unils ner Ilcr~ sholl be I!mnled lilT clIch IIl::rc III' ,1IIlivc
B;~:l.!llitlll m'Cs~'n'cll ul!:}l~ lhllt cxCt!cds Ihc I'ClIllirclncnl5 5l!1 f1ll1h..i!L~.2.d,..J.....lli!..!a:.Jl
~~ nI') \IllilS ~rncrc is Ilchievetllhroul!h the us!.! nl'TDR noLi Bonus Cr~<dIIJ.:,
3.9.5, WETLAN() PI~ESERVATION AND CONSERVATION,
3 9,5.1 PURPOSI!. The J'ollowin!! standll.rds ore inlcnded to nrolt!.ct nnd conllerve Collier COIIIl!V'S
v.IIltmhlc wcllllnlls ond Ihldr mlluml runctlDO!: inclmllnl! mnrlne wl!llnntls TIl!:Sl.! slnndnrds nnnb:
UL1!JL~r C'lllJil!r ~~l!"l ror londs whllin Ihe RLSA District RI.SA Dhmicl I:lIId~oo:
n;,sll!ill!::tlinl:i.!:~linll "'.'" "11. WClhllld~ !lhlll~nn)tct'lcd m folll)\V~. wlllt lolnl !lil!.! nll!~'Crvlll!mumJ
~lL~nunl!; or \'c~cllllio" rctcntillll s\!1 fnnh ill S\!clhm 3.9.:1] !illlL$!l nlhgmiJi!;
n:.Y1lffill.!,
3.9.5.' URBAN LANDS In th~ case of wl!llol1ds Im:ntcd wllhin the Urban OCSh!l\RIl::LI arells or
Ill\! CDlml". Ih! COLInI\' will rei" on Ihe lurisdlctional dCICl'lllinnlions mode bv the- nnDlicnble stml.!
or Ii.od\!rnl Il~enc\' in Ileenrdnnc~ wilh III! rollnwinll orCNis;ons:
A, Where nannils issued bv such iuri!:diClionnll!l!enc::ic5 ollow for imollCIS to wellonds
~5 dcsilmnlCd area Ilnd reouire mhit!nllol1 for stich imnucls this sl,lIl1 bc uCl!lIliJulO
~~ec::tI"e of nroleclinn and conservnllon of wCllnndUlllilJllLou!!!rnU1m!;.llu!l[.I:!f
Wl!lInnLlswhllinlhisllTCu
It The Cuuntv !lholl rcuulre Ihc Ilnnl"D"rlnlu lurisLlictlunal oorlllil oriur tu thl.! is!!UllOCC uf
n nnllllocul de\'elonml!nt order oerllllnlfll! site Il1Il'lmvemcnls eKeC!)! in tht= CllSl! or mw sing.lQ:
Iillllilv resiLIence Ihol Is nol nurl orun """TOved dl!Vl!!lnnn,enl or nlnllud subdivlsinn.
C, Within ,he Immokolee Urban Dl!;shmated Area .here exists hi!!h Clualltv
wClland 5VSlenl conllocled to Ihe L nke TrarrordlCnm~ Kcnis system Thl!sc wl!tlnnds TCClU;riJ
I!rCIIICr oroll:clioo mensures nnd tnerl!ron: the we:llond oraleCI;on stondards sel forth in 3,943
belo\\' shall aDolv In Ihls oron,
3,9,5.3 RFMU DISTRICT. Direct imOll.C1S of deyeloomenl within wetlands shall be limited bv
direct I"!! such Inml!!;l!: !IWIlV rrom hi!!h noalllv wetlands This shall be Bccomollsherl bv Ildhcrenc:e
10 Ihe vel.eratlon retentlon reouirements- "rSection 3.9.4,3 above and the rollowina:
A STANDARDS
I In order 10 115se!S the valuc5 and runctions or wctlands sllhe lime or nmiClcl review
bonllanls shllll rale fhe functionality or wetlands usloll the Unified Wetland Mllil!lllion
Assessment Method sel Forth in F,A r; 62_345, For Draiects that hay/!! alrelldy been issued
nn Environmental Resource Pennlt bv the slllte. the County will occeol wCllands
runclionllitv IsreSS"menls thai lire blsed IIDon the Somh. Florida Willer Mnnn~
District's Weiland Rnnld AnCS9lnt!'nt Procedures 'WRAP) liS dmwrlbl!u iu....:r~hlllcllJ
l)ubllcntlDn ReI! 001 rSenlemher 1997 os lIndlll~ Auulls11999) TIlt.ll1lWl.lkll!!L!!mILI!Il!mlil
10 COlin tv !ltnrr Ihi:!:c reJOnccl!vc assessments Ilnd lhe scnr!!s Ilcccnl~ bv ullhl!r lit\: Sllullt
Floridll Waler Ml1nnl!Cnlenl DislriCt or J.'loridn Dt!ollrlrncnt nf Eny!ronrncnlnl PI'oteclloll.
PIII:\Il noor 17-4
Wonl!! slflluli-Ihr'l)u~h IIr\:: ddclt:d, wllnb J.J.n.ill;~ un: Ildu\:d
:1;,._ We'1mll!.ul~u!!'~lll.hI:..iwLutili~_bY..1i~~tillhk~ or 511rvinIUl~s;\!n:id\!l] fnr Illl:
1U!m.tlIll~lU..n(!!:il!Jl.lli:..lillllJLh!LI!~itlJ.!!1!...!i1.t:.~[JI~~1O lJ~l1!a:.!h!.:..P-~'O:iI..Iiilll.!.!.f
l11~li!:~t:lm.m.1l!..!t1;;CI!.:dN I~I'CI\I!C ~~ll.!imLin~limLJ..2d~
3,_. ,liilllinlW.t~lULOmnnJYLll.ll1lll!.ili..J.l.u;..Jlli!.i~U.l:!lUlliIinl11im:~.DOJ.\i!I1.lkJi~Ulr
~1~.1hs:~ili!n....eL1b~5C ncnV\I'Il\'S e:'(t:~l!ds the: IItrelme 1\.'tll!iDUL.in...~
V~-,P,
.t I)rll\\'du\\'n~ or divc:nitln or Ihe I!round wmar tllblll slmll nOI nJverslll\' t:"n~!h1O
!.ooJ-'1ll:n.:riilll.U.um:~lnlld5 on or l)rrllJ~ui.!m.l\ntJ cURlml e1CYlllinl1s mllll ill:.
l!!:.Ll!\ nrolccl surroUlu..ljnl! 1\'!:'lhmds "nd be cunsi5111nl ",1111 surrollndhll' !Ilnd and nroi':S;l
!i~~iullli..nWl.wlller IlIhles In.!lli!e:.lo mecllhcsc rcnlliuumll1L.Jm!l~!l1!!1!..hY
dcsh'll11d in IlccurunllCc wilh Sllclinrll: 01"1 "1.4 6.11 nnd 6 p....S!l.st:.W:MlrJ> BU!iis Ill'
lkyi!lli:..JWllll!O:.1lli!L
~,. ~i1HI.I!r:, fuU!i1)'_rWl!~~..HmU._fu!!mLll~_r~\IUhl:IIl~(l!..f.!!l!li1Ub:~ ~ jlhiu ;-<r;rljl!ll
~.2,U,ll.
h Prc:~er\eLl \\,lltltlllds sllllll bt! burre~d rrom olhcr hind uses liS follo\l's:
L- A minlmllm 50.folll \'twelllled unlulld bllm~r odincenllo ,I mlluml \\'n~r hmb:.
!h.._....J.:..w:uthcr \\'~l!nnus a minimum 1<j.rnOI Vl!I!!:IU\~L1 IIDllInd buffer ..l!..!!lmuuu
Iht'wL'!!l!.I.l!1. .
c, A .\;Irucluml hurrcr mil\' be used in coniunclion with II VC!!el!llivc buniJr 111:11
\\'ou!lJ n!dlll:l! Ihl! VCl!Clative burrer wldlh tn. 50'.1., A slrllclurnl buOi!r Kiln]! be rcouirOtJ
.w,I,im;:CnI lU wullllnds whlll.e din:.cl inmncts nre ntlowt!d ^ slnlclnrnl bu1llu:.I1HU:J,;lltIDll
llLn.slcm-wnll hem' or \ll![!l!ullivt: lIedl'" willuuJ~huL,
I.! '1111~ burrer shall hI! mea5urc:d landward from Ihe DDoroveu iurisLliClinRlII Iinll,
e, The buller zone shalf conS!!1 or Drescrvcd notlve vel!etnllon. When! native
\'eI!Clntinn do!!} 1101 olel!t native vel.ctnllon comeatlble wilh the eXISll"!!: soihi ond
~cled h"drnlOl!lc conditions shall be ~
G...~'hc bum:r sllllll be mulntuincLl rrl'C nf Cultmt!!X..1 illvm:ivl! exuli!:O.JlliIUlli..lll
~~I1!!m!.hY)ltc Fh,riwl Ilxllth: Pest 1'lw!L.Qmuill
I!.. 111t! rollowhm land uses pre ttlnsldcn:d \0 be compulib'~ with Wllllllnd
runctions llnd ore allowed within ,hc burrer:
/ t \ flllssivtl rc:crerltinnnlnrl!05 bllnrdwntks Bnd rccrcn,lonnl Slldlcrs:
("II Pcrvlousnnture lrolls'
131 WAler mDnol!cll\cnl slructure'!!:
141 Milh.ottonnrcos'
(5', AnY olher conservation snd rolflllld omm soner: or:::Livilv ur IIse whir:::h is
comoornble in nBlure with the forc1!.olnl! uses.
B. MITIGATION M!lll.'Bllon shall be reaulred for direct imoaclS to weLlands in order 10
result in no Ill!l loss of weiland functions in Idherence with the fnllowinll reouirements and
conditions'
Mltill'atlon Reouirements:
II. Loss or slors!!! Dr conveYance VnlUn1t1 resultlll\! from direcl imnncls In
wetland/l snnll be conlDcn!ated for bv Dmvldlnl! In ecual DJnOIlI1I or slorDl!e or
conveYance eloacitv on sile Bod within Dr odiacenl to [he Imoacted weiland.
b. Prior 10 Issuance of Bnv f1nel develoDment order thai authorizes she
Blleration the aonHaa"! shall demon!;I",I!! enmnllance with 8 and b above If 81!enCV
ecrmhs hove nOI orovlded mlril!8tlon conslSlent wllh (his Seclla" Collier COUn!Y will
recoin: mhil!8lioo exceedinl! Ihot orlne lurlsdlctlonllaucnclc5.
a Mltltt8tlon reaulrements for sinl!le-.fllmllv lols shall be determined bv Ihe
State and Federal 81!.encies durin!! their nennillinn ~I2l!I:I!ti!!lL ULJ.!!g
rcoulrcnllmts orSccllnn J Q 5.4
2. Mltil!lltlon Incentives. A density boom of 10% or lite mAximum nltowilh.iJ.u:mti!bwllill
P:IYC 131 of 174
Wtlrds sl.NelHkF&U~ lire deleled. wnrds Il11Llcr1incd nrc llddcll
'111
'1A
tL..- ArcuS Ihol rullilllhl! nUllve vel!1.!lnliolt nllcnliCln stnntlnrds 1111d crill!'riu Ilr this Sl!t'lillll
l!1m.l1 bL.! Sl!l nskl\: ili..Qrl!J;r!rvl! ~~:ill ,ubi!!!:1 lll..1W:..f.ltl)ui!l:ments nr So!clillll J. 9.l...5iw:.lui1IlIib
~hlt;D~~..I!.I1Wlli"~!!!I!I..r[Wll'IU! nluulrcm.:I!1U1LSl:".W.!!!!lj.L
C. PrIlSr!ll:!L m'l!a~ !lImit hI! sduClctl iu....rufll m:mllr!r liS Iu OI'\:SCr\'L' the 1i.,lllIWill" in
J.!~IWiwl....ooJ~.uC DI'inri!, l!~I!l..1illht.sE!rllLlb.aLm~Q:ul.h!l1_il m~lll1Ull1uloo:jll
:i!tJ:liJ!!I~.J,2.&;!~I.!I!Y..w:..<1.J..C;
1......J1l!llhL.! \YL.!lwmJ.!l!!l.riJw. 1111 nS5r!!lllIlU .lJ.uminnnllcLn!:.!!.fi,1j[...l!.M!!J,:r,
~.60llill knllwn III hl! lItili:r.ct.l iw IillIL..J .liWLur !lull S,l!lv!::....iI.lLHmY1!fi i\..!Lthl<
111!!Y~IUI.tUI.!!L~l!y~;
J........ll1ll:Jlllhmd hnbilllt lhllt !It!rV~S M n huni!r lIlll wcllllluJ IlrL'D
:L.-J.is1t:eJ olnnllllulllnilllol SDe!:i!:... IlIlbilnls.
~...._ XL!ric Scrub
6 DUlle UlILl Stroot! }'hIrtJwood Hnlllllloch
7.. _~iril=..ljg~Elu""llods...nml
~~._^II tither 1I1llund hubillll~.
LJ.;:~i5Iirl1! l\R!I\'c yt!l!l.!llIlion IOClIIlld l'Olllll!uOI:!lIO n IlUluntl rcsL'f'\'lIIioll.
D. l~sllr"llIi\l1l nr~u~ slmll b~ illl(!rcunnct:lcd \\'ilhin Ih~ silt: nnd IU ...niliY.Wll!l...llIE:W.!,t
~;lljllll urC;1S nr II'fhJliJl;: gmillllil.
E. I~rclllcsl eXlem nusslblc nlllivc VCl!ellll!oll III mmnliliL"S and 1~.1i!r.1.!i!r!!.J.ill
Di"is;nn' -I shnlllx! illt'tlmnnllcd inln j;!hUGCIIOC dlt!lil!l15 ill unSer In nrnlllnle In,,-~gJi(\1I
!.!L11Illh'c Dllllll Clll11111unhics Lind 10 cncouml!c \Vllcr const:rvlIliun.
3.9..1.2. SPt:CIFIC STANDARDS AP"L1CA~LE OUTSIDE l'H~ RFMU AND RLSA
DISTRICTS. Outside the RfMtJ Dnd RLSA Distrlm nnllvl! YCI!(lIDlion shall be "reserved on-site
~UL1UU!licntloll ul' Ihe follow!"!! orc~crvDlion nnd vel!clnl!un rclcnllnn sllmJnrus and
~il!...Y!llcss lhe dcwlonmcnl uccurs whhin the ACSC wherc Iht' ACSC' slnllc.lllrU!l rdcrcncc\1 in
Iln' FllIllrc I ;md Use F-lcmcl1lshull annl". This Seclion shull nOI uooly 10 shl\.dt'~rnmil\' Jwel1illl!
uni15 sirualed on individual tols or onreels
A. REOUIRED PRESERVATION
1)"V~ln"mcnl 'rv..~ I rOll5lnl Hil.h HlIztlrd AreD I l..Ion-1""0.5'{'1 1.1:'.1 I. z rcJ ^!JW
-.-
L.:.ss Ihfll1' 5 ncres 10% Less thnn 5 neres l!rtil
I~esidenlinl Dnd Mba:d Use ECluu! 10 or urelller EnuallO or nteal~r lhnn 5 acr1!!l:
D=1l!= IhllO.2.5 m:res 25% Dnd less Ihan"O ncre! 15-/.
EaUBIIDor
l!f'\:nlCrlllUn 20 ncrt.!y '5%
GolrCourse 35% 35%
Commen::illlllnd Industrial
Devclonmenf and nil other Lesslhen.5 Deres 10% Less Ihon 5 neres. 10%
non-socclned dcvcloomenl
1m!ll Eouallo or 2relller Eoual to or
thin 5 acres ]5% ttrealer.han 5 acres 15%
~
Develoomenl (Rural.lnduslrinl 50% nollo exceed 250/.. of the molect 50% nnl In exceed 2.5% or lhe oroleel
Dislrlclonlv) >!!<. oll<.
B r;:XCEPTIONS An cxceotlon from lhe Vl:llelnlion retention standards nbovc shull be
Itrllnled in the followl"!! circumstances'
whllrc (he r.mrcc! WDS ICl!nllY cleured ornnllvll yrn..cllllloll nl'inr III JIIl\tl:lTV 11)82,;
rllge 128 ur 174
Wunh !OIHI\II;-Ihr-iJu~h lire dcll'lcU. W\lnJ~ l~ un: ut.lucrJ
d.:nllih' 0 "0% redUClion in Ihe recUlired Docn muce m:relll't n 100/. redlll:IiOI1 U!:
!l:!Wired nnllve vl.:l!.elllllon or n 50% rm.luelioll In J'Clluired liuo!'lI1 ZOIl~ n..'tlllirCl1l111115!lli!l'
he ~nJ/ll11d .f2.r...nr2i~.!luI~flhe rollowln!!:
B IncreRse wethmd habilDI Ihroul!.h r~crellllon or reslorDllon ot' wt.'llnnd
rUIll:-liollS of Ihe S8ml! 1\'0': found nn.gih.! on on 11I11011111 or on:'sitc :Jeres willll" till,/,
!iWll1~b:td Use Oi.!!.!riel ~el\dlnl! I.hnds oollnllU or l!l"l:nler tho" IjO~~.2!..lh1
U.II.Mile 1~"li"'l! Vl!,I!!:llIIiwLnrl!~!:r\'nllllJ.U!g~~ rctllliri!d Ilr1D.ii!~vl!l"illl nroiL'cl
lil1&...Wlllch~'vl.!rls.!IDtll~
b. Cr':l1le enhance ar rc.!!.Iare wadin!! blnfhnbhallO be lacllIl.ld nenr wood slork.
undlar Diller Wlldin!! bird camnle! In un o,"OUIII thai is etlullllo ar UreUIL'f' Ihnn 500/.
of Ihe on.slte nDrivl! vel.etntlon oreserva\lon herelne reouired or ">0% of Ihe nverilll
I)mlecl size whil:heyer Is Ilre3lcr. or
c. Cnmle 1!!1IhuncI! or rt!.!:lore hnbllul for Olher Iish!d soecil!s in II ll>cntiul! n1.ld
11ll10l1111 l1\llIIlUUV llllrl.!l!lIhh: !n Iile- uonlkilnl :Jnd tnlllc...'r C'U1WttJ1fl!,!LlmDlillll.!!1.il.!ll..!r!Lb
1W<..ngnlit'obll! luri.!:dielinnnlllllencles.
3 EIS Provisions. When mltlll.lllil>n is orouused the EfS .shall cl~man!1rDle Ihol thl!te is
ll!! ne! luss ill Wllllnnd functiDlls os nrest'ribl!d nbo\'!
.; Exotlt VCl!etrulon Rl!mova[
InlliutiwL
[!xolic yellclntion n:movlll shall not cOllsthulC
~ 9 5.-1 I:STATES RUIlAL-Sgl'TLEMENT AREA~ AND ACSC In thl! Cllse l>r IlInd~ locnled
whhln E,.IUIC5 Deshmall!d Areo. Ih~ RUlli! Sl!lIlcmcnl Aren Dna Ihe ACSC Ihe Coulll\' shllll relv
~~'YillInd iurlstJlellonnl dl:llmnillOliomi nnd Dl!rmll reouiremcn(s ISliul!d bv Ihe nnl)licnble
Jm:l1!illclinnnlll"!!IlC'V il1llct'nrduncl! willi Ihe fulli:!.m:
A For shl1!le-rllmil\' resid!!nc!.!s wilhin SOlllhl:rn Golden (intI! Eslnl!!s or willli" 1lliLllh,:
C\'n1'Css Arl!" ()f Crilicul ~lule C'ol1l:ern Ihe Counl\' shoJI r1!lluire the llDomoriule reucrlll ond
lOtnt!! \\'ctlontl.rell\led Dermils before Collier COI.lI1IV issues B buildinll Dennlt
B. Outside or Sou!bem Golden Gale Eslaleli and the Area of erhical Stale Concern
Collier CounlV shall loran" aoolicanls for Individual sinl!le.familv build;lu' nermlls th81 fcdeml
.tnd....ilDle weiland oem' I!!!; InUY be reouired orlor to eonstMlCllon T1'e COllnlv !!;hnl1 also notify
Ihl! DDDtlcoblr fedcrul D"d Blnle Ol!encies orslnl!le famllv build;"!! nermlu: lIoollcullnns In Ihes!!
areas
3.9..5 5 RLSA DISTRICT Within lhe RLSA District wellands sholl be oreserved Dursuallllo
Stelion" 'I "7.
3.9.5.6. SURMERGFD MARINE HABITATS. The Cou"IV ~h:lll OrOll:el and conserve subllu:rl!ed
morine hllbilllls us nroyidcd in S<<,lioll 2.6.21.2 7.
3.9.6.
NATUIlAl..ltESERVATlON PltOTF.CTlON ANn CONSF.IlVA.TION.
J 9.6 I PURPOSE AND APPt ICABILlTY.
A. The otJttlOSC of this Section is 10 nrolec! nalural reservations from the Imaacl of
surroundinl! develonment For the Durnose of this seclinn na!uml reservations shall include
onl... NRPAs and desl~n8lCd Conservation Lands on the Fultlrt! Land Use Moo.
B. For the Durnoses of Ihls Section dcyelooment shall Include all oroiects slnl!le.famlly
t1Wl!lIinl! unils silualed on indivlduallols or oarcels.
3.962 REVIEW PROCESS. All reauesls for develoamenl conlil!lJOllS to Ralurnl reservations
shall be reviewed as oar1 of Ihe Counrv's deyeloDmenl review nrocess.
3 9.6.3. RFMU DISTRICT REOUIREM~NrS. The follow In!!. crlterill shall noDI... within Ihe
RFMU Districl onlv.
A. OPEN SPACE. DDen sDace shall be reDuired to Dmvide B bl>fTer between the nmleet
end Ihe nalursl reservation
I DDen SDace allnwed lH!IW~n Ihe bralec!'.!: non.ooen SOBce use!: and the boundarv of
Ihe natural reservallon mil\' Include n.loral breSeI'VeS natural or man.lllade lukes [lolf
courses recreBliomtl oreas reoulred yard ltel.b.llck nreRS rmd other "slurnl or nmn-nmuc
oOl:n SD8CC recllIlremenu
i The followinn ooen soaee uses are considered necllotable uses conli~!.J..Q!!.L1!.!.M
nartlml resCI"Vnllon boundary:
Puge [)2 of 174
Words ltlA:!alH-ItF&lI~1l IIrc dolcled. words ulldllrlilluLllltC uddcd
r-rA
II. nrescrvalion IlTCns'
11 _ J:,ulr.J;lli!r.lill.!!llu;u!!inlu.iw;d.i.!L!.!..!lll1!1rul.lilutJ;;
C. l:lormWlllcr mnnnl!l!lnenl nrl!lI!,'
d ncr\'it1l1s mllure Iruils lUlU hikinl! Imlls l.hnilL'u III U!!ll bv nClnlllt)hn'il.l!u
\'ehic:les.
B OPEN SPACES AS BUFFERS
1 The uses In nar81lrDah A 2 above ore enc:ourDt!ed to be localed as 10 Drovide I!l buffer
between the naluml rcservallon Bnd more Inlensive onen !::DBce uses inc:ludinn
nlll\'l!munds. Icnnis COlln!: I.olf COline! (CXc:llldilll! mllt!hs Innlntnlnt!d In n nnulI"utJilI!!5j.
nnu olher rcc:rcnliomtl uses and varns far Indlvldltllllol! ar nnrc:ols or nocn srmcll. usus Ihlll
lire jmnl!:rViDU~ in "nlure These morc Inlel1!dYI! onllll sOllee II!;!!' nlnv nnl hI! Im:nllld~
lhnll 300 feor 10 the boundan' t'Ifthe mlluml reservulion.
2. In t1ddilion where woodstork (MI1Clerill umerlcanal rookeries bald t8l!le (Hulilll!l#lH
u:.!lr(j~'l!nlltllll.d ne.!:ls nnd wlldlnt! bird roosts IIro found In Ihe ndintom n311J.lllWW!J!llli!!n.
!h.!u!l!!m.snuce L1ses Idlmlined In sub-5llclions R 2.11. IhrDlm" C lire considered nct:t:nlllble
Illr DIIIC~lnc"l wilhin.n bUrrL'( 85 soecine:i belnw'
II. Woodslork (M,'cfw'/C/ amur!t:una) rookeries bald canle (HuJltlf!f!tIIs
1l!1It'llcl!D/wlll.d nesls - I 500 fee!:
b W8dinII bird roost - )00 feet.
c. nllm~ burTer distances sholl only DDOlv 10 rhe IdentHied tnth\' within Ihe
IIftlllr"" rescryntions.
]. These reouiremenls shall be modified on II cose bv case basis If such modlfieolions ore
ollst:d UOOll (he review Bnd recommendl!lrlons (rDln the USFWS and the FFWCC AI'" such
!;hmll!:ts shnll be deemed consisllml with Ibe Growlh MnmU!cmcnl Plnn.
C. CONTIGUOUS NA TfVS VEGETATION Existinll nolive YCl!clnllon lh31 is locrlled
conli"uollS 10 Illl! nlllurol reservation shall be orc:served 115 DIlr1 ofllle orescrvnlion rcfmirenllml5
~!led ill Section 3.9.4.
D. WILDLIFE CORRIDORS Where wlldllfe corridors exist for listed soeeles OroVISlQ1l
shalt be mode to ectOmmod8le (he movement of the listed soecles throunh the Droleot to Ihe
nnluml reservation The COllntY shRII consider the reeomll1endatlons from Ihe USFWS,
3.9.7. PRESERVE STANDARDS
39.7 I DESIGN STANDARDS
A IDENTIFICATION Native yel!ctntion tholls reoulred 10 bl! ort!gerYeo or mitil!ulmJ
PJ.!ES.!.!.D!!!..llL1...2.:1 or] 9 S shull ht= s~I-i1sldc ion Preserve IlIlU slmll.~nllncujnlh!<..full!l\villl,!
l.!l.I!Illl.J,lG
I. The Preserve shall be laheled 85 "Preservc" nn all slle clans
2. IfLhe develoDment is 8 PUD. Ine Preserve shall be idemtlfied on the PUD Master Plan.
ifoosslble. Iflhls Is not possible: II minimum or75% Drlhe Dreserves shall be sC\.llside on
[he PUD Master Plan with lhe remaini"!! 25% Idenlified et the time orlhe nt:)!
development order submittal.
J. The Preserve: shall be Idenlmed 81 thl! lime of the firs! develoomenl artier submlllal.
B. MINIMUM DIMENSIONS The minimum width onlle oreserve shall be'
twenlv feet. ror oronertv less lhsn len Bcres.
2 8n IlYeral!e oflhirrv feet In wld!h but "olless Ihon Iwenlv fcelln width for orooerlv
oauallD ltn aere5 and less Illon l\Ycnlv lieNS.
] en avcrue (]fflfiv feCI In width but nOllllsslhun twenty Fcc! for aroaertv of Iwenry
[tcresnnd I!rcalcr.
C. PROTECTION OF WETI~AND HYDROPERIOnS. Dnlwdnwns or dlY~nllun of lIIs;
lmlliD.!:!..illl.lQLtnble sholl nOI lldVUTSl!lv ch!!!l.WLlhLhnl!!!l!crim!..!!f nrcs!:r!sd.~!.l!Inl!!11i !!n m
Poge r33 of 17<1
Word!i !ilflIe.h thrAlJgh ure tlc.tcled, wurtls l!!U!!<r1m ur!! lidded
1A
i!JDiIll! Dl!hmliUII noLl cOlllrol eleVlIlioll5 5hllll bt! !I~l 10 nrutct'1 SllrrUtlllclilll!. WelllllltJ~ llllt! b~
cunsistelll willi slImlllndhll! 11l11r1lllld I!mit!rl coolrol d~\':llilJ1U.llmJ wilier Inhles III urdc[.!f!
lll~i-~ !b"'liJi rl:\lllin1n~IHli, J'\l.!J~ti...lihillLt!luJ~1:iiJ:,ru.'\1 ill jl!,;n!!.1liJ!I\';~ ~ril!! SI<~li!Ull!..:!.,~,~d..fLlI
iIluJ {l,JZ_Hc.::;I:WMlr!llmiiiJl(lkU~I!!!!!IlD~U!!L
!k, _. ~tU.!Im.:JJYLU.J!Yli~tiliI.SJ.o:W~j1l1'.1lU!1UILb..l! jYJ.UllllkllllS l!~!lIi1U1(
~i!!i~UWJII~,.~!illllllli.!!ti.llllhl:llI,fnnn.lU!lnU\:'IJ.I:lWlhu;~,1il.l in~jyhllllll rl1!!idltll!iuLm
l:!.!!lllW<l1iiuLltll. ruw;:d.UII~U!ll~l..I<I.ll:U!lI~h l!li.ILllHu:'llr,rn,;!;~lIl!..Ii~IIJ:.UUi.,Jlll~ nrn.i!.a:.1
illlH,l!JT~l!!:.n'.1=.' _~IL[~uit!:!U:~lIU!l'JDllaLfut ~~~1:!. tilll.lll b!:,~Ii~llIrJIl!.:llll!.lh~.rmUltY
n:i.lllUlIln1m.:illl! UII Ihe L'ullnh' Ihe rClo'Ol.lllslhlll1r..fuullilhWID.!lll.!l.l.:.lll!1Ul.l!mllcrl\' L1\\'l!!tl:li'
1I!l!lOl..'iDlinn Dr !ilrniblr cntil\' whit mninlenllllce resnnllsibi)ltics 'nit! nrnl.CCllyc coycnml5 rl1Ub,
lmcll'lf' eIl!lenUml sllDl1 eSlnbllsh Ihe Dtrmllled uses for ,mid cnsemenl(Jil on1.l/or Imels Q!L!ll:
iinul slIbdlviJliun olnl A nnn~l1.C'It1lliYe t:nSI!]l1Clll or Irnct in rayor or Ihe Cl)II111y, will!illU...ill1Y
IUlli~e uhllunllun shlllll1e Drlwidcl.l fnr 1111 Dl'e!t.'rve!l un lilt, 1l]~Ii.lUinlln:..ww..ri[!UI
~nlll!i..rilJilll,nlul1.illl!!..1llLUl11Il dt'vc!uDlnenlllUWillw21nuL... ]]1!.l.,bl1lDJ..lJ.nr.b:ur.nl.!.n~~
!alli~Jl.l@.Il.:il.nill.mJ1i1wm:ill!lln!J!Il.1Iut.nW1l..mhill~illtro.I!ffit.
ll..._ CIlF^TEI) PIlI-:SERVr::S erellleLl ')reserves shllll be nlluwu1.ll'ur ll11rccls Ihlll cunn!Jl
o:.wi1!lUI~!mull:'le hOlh Ih~mll~,nro.!!:ervc IIrcll nll1l..1l1J:...nmntlsetlnl,;,!.h:il1:.
L. .lHmllia!hiI~~IQ[.!lIlm!i!l!L~:!.lUl~ursa~[~l.rl!.W~;
:1 Whcre ~i1c dC\'uliol11i or cumJillnns rClluircs Dlnecl1\lmtlll" filllhercbv
lrnrmiUI!. UI' rcdut'illl! lht' !mrvlYllbllh\' orlh!! mUiv\! v~l!ellllinn in ill> el1.h:IiUI! IOClIllolI!:;
L. Where Ihe I!l:islinl! Yel!ellllion roouired.h.!hilnnI.i.Q..iLloClllt!cl \\'hcr~
1!!lU1!llil&:W1Umnrm:t!mcn's lire U1..W:.1lliiulillI !!!ll1liU!:h. imnnlYI!Olenls cUIID!.!lli
r~,Dl!.!!!.OO!~\I:cl:ililinl!..!l~!:..:t!.:~tkm;
"'" Where malh-c nrclicr\'DIlllll rennil'elnl!nl!l cnnmll be ncrullIlluu)med tbY
i.!!!!!tiroPJ:..D!nn !11m II fL'-CJ't!ote tl n:IlIWDlnnl community illUlllhn:1! SlnllU fl!rulllll.l
CtlYt!rs sbrubs nnd Irce!i:\. urlllzlm! Inrlwr olmll mOleriBls SODS 10 more ollickl" ft....
erenl!! III.: loJ:!. motu,\! vt!1!elUlioll, Tllcst oreDs sllllll be idcnl\ned os crelllt!tl orl!scryes
d When 1\ Slule or rtdeml nermit ~C1uires creollon ornntiyc habitnl on sill!
The ~reOlCd Droserve ncrcRI'e mllY fu!.lilLnll or Don Oflhlll1l11iYC ve"cllllitlll
1Jll.llIirl!nlcllI when Drescrves l\rc Dlnnted willi nlllluct! Ntnno' III/int! Ihe cl'iterla scllhl1h
~llIcd fJrcst.!rves 'mis cxt'colinn mnv be Mnllled rcl!lIl'dless oflh~ Jiir.e nf!!w
nroiecl,
e When smll.llisolnled Drenli' (Or less lImn V, IIcre in size) ornnlrye vCl.!elntioll
ex-I!!I nn 5i1e In Cln:es where rl!tention Ofnnliye VCl!l!lnlion l'eslIlIs in small iJ;lllnled
orellS {II' % nc~ or lellS nrll!;eryes IIlA" he o]nnlcd Witl1 nlllhrce SlrAln' usinl! Ihe erllerlu
scl forth In Crenled Preserves ulld sholl be cr'Culcd odlnct:nt ~l(islinl! nmiYI! yllelllnlinn
nl't!ns on site or cnnlil!llOIlS 10 nrescrVl!S nn 8dincenl urool!rtics 111111 t!l1.ceotion mil" bt.1
"rooled rCl!ordless orlhe sizt! l,rlhc ~
r. When an access OOiDllo U oroiccl cannot be rclocllled To cOIl1Dly wilh
ubiil!nlorv hell.lIh und UfelY mrmdale5 such AS mnd nlltmmculs nmuirctl bv Ihe SIDle.
nres(!rves mil\' belmnnclcd nnd crenwd e~~ '
') ReQuired Plantinl!. Crilerin:
D Where crealed orl!servlls are DODroyed Ihe londstooe olDn shall re-create II
"alive OlD"! communlrv in olllhrec sllllla (l!round cover, shrubs nnd trees) ullllzim!
Inrl!et DIaD! malerlnls 50 us 10 more ouickly re-create the lost mature VCl!etlllion. Such
re..veneLalion shall Bcoly Ihe standards of section 24.4, of Ihis Code and include Ine
followinl! minimum sb:es' one Ilallon I!round cover. !leven (7) !lallnn shrubs' (ourleen
(141\ rool h1e:h trees with a Sieven fool crown sore8d aDd a dbh (diameter 81 hreBsf
helehn of three inchlls The soaclne ofr"e olanl! shall be 85 follows: IwenlV to thirty
root on cenler for trees wilt! II small CAnnDY f1en tnan 30 it mlllure soreadl and forty
foo! on cenler for trees with B 18r~1l Cllnooy (I!reDlef Ihan 30 fI morure lmreodl five
foot on center for shrubs Bnd three fool on cenler for I!round covers Plan! material
shall bll nlanled In a manner IhBI mimics 0 nalUrnl olanf communltv and shnll nol be
mBlnlnined lIS Inndscllolnu Mlnlnlllm sizes for olanl rnnterlnl may he reduced for
scrub aDd other Itcric habltlll5 where smaller size olanls Illlllerllll arc: belloI' suited for
re~oslBblishmenl orthe "",Ive olnnl community,
b AODroved crcated Ol"escrycs may be used 10 recrelllc'
(Il nol more Ihen ooe "cre ofrhe reouired Dres!!:"e!: Ifllle ornneny hDs
Jess lhan Iwenlv acres OfllXlslill1l nll1ive Vlll!lllmioll,
paue 1]4 or 174
Wows slfUeli....HlPoIIgh lire deie.tcd, words lmdl!rllncd are ut.lllct.l
1A
'lA
lll..-..IJill,mnR: IllIlllIWllll~I~S lIflhl.' rl!lIl1irk!.L~lijL!.h!;..W:U[h,:f'.!l'J!ill;
!aJ1li'iIID or l!I'I:IIWl' thon l\\'CIlIV llCJ'CLl!illl.l~ dull',' 11C'~S Ill" L'....!stjJl!:,
Uillb:I:.~!:1:Stlillllln,
fJl lIo1 mure lhnn Il}l!~ M Ihl! rl.!ullired D~Sl!ryes if the oroncl1v Jill!:
!aJ!.!!ll..J.nJ!tl!~II\L't'lhnn l!illhl\:Jlr~,'iW.ilLll1l11jw vcul.!llIli!!u..
~ Till! min!!!lllln L.lilUl!llliiq~hnll arll)h'lIs ~l.'1 forth in J,IJ.7,Lll.
Y....___All DC'I'iIl1CII!r land!lcnoinI!JltJ:Di Ihlll lire rcllllC51llc..l-11L!!l;. JlUlU1!Y~d I!l futnll
lhe lUl1ivc "cl!l!lotinn_mJ:RI:tt..Ililw1rcmI!IlIS lIhuUJlI~..Ii1bliJ!alJ!K Jln;.8:I:~li nml.lil!illl
~I'l~ll nri!5crvl.'SL'thuckl.
E..-_... AI.I.OWABI.E SUI'!'I E:MF.NTAL PI.ANTINGS. SUDulclI1cnlul nOliVI! OIDl1Iilll!!l in
ulllhm;..l!!.m.!1l..llim:..~~ In Vl'm.l!rYt! Mens whl!n! the .tlmlJmllill.l!Llll:lllIllvl! lllu!illuwiE!lO~~
~~!utitll1 crl.'IIICll 011~ wllh finl!! 01'111) llorlw WI!l!llIllun cn\'cnluc ~...n~ ill
Ihcsl.' rl.'SIUrnliul1 IIrCIIS shnll!D.cC'llhc rolluwiul!. ntiuim~cdlt!ria: llllllllulltllll!.rmmJ
~rs litre!! t!nllun thmbs Dud six fool hl1!h trees Plnllllml,~rilll shllll be nlll1llcd in n IlUlIlnCr
lhllL!llhni~li..1LUD1.Un1lDlnlltcoIDllll1nlty Bnd sholl nlll be l1Ininlnined Its Inndsganl.!.Js.....MjWUUilll
~l!lm1I111lllcrilll 11M' b!! rcllllcutl fllr scmb lint) nlher xcric.hlll!il!!~!ll!!!.!!!.tr.liiz~
l1!iml!i.UlilmLun;.hcIJ!l.L1I1lllia!....fur.fl...CSlllblislamIl11LllCl1.uum1iYll..nlill!L!dlUlUl~!lilY.
Y..-_r.gFSE.flVfI MANAGEMENT IILANS. Thc Preserve Ml1nal!em!!nl P!..!mJtl!!l.JJ
i~I~IlJlti' .maIUHli.llulL1U!Jsl hc !IlkL.... 1!1~lm.lr.liJhuIJllll..~~IDJ.JfI'!lli1.ltill1.ilm:!ib!U !I:i..DI1IPJlli~:
ilJ~r~m:.MaUilw;!luml.f11l1l Mlmll int:luu~lnIln.\i:i..1u:..l<.~Ull:lII.li.:
1. Gllnerlll Maintenance. Pre!iervcs sholl be I1lninlDined in Iheir I1Dlurol stoIC ulld munm
~[)lrn.'t'nrrerll:>enn~
1, E~OIic VCl!cmtion Remavol Non-Nntive VCl!elulion Dnd Nuisllnce or InvlIslve Plnnl
!.:2nJ..mL...E.:\:mie WI'elntillll rcmnvnl "nd mninlennncl.! Dilms shnll reclIlire !b.nL.C!!!!1lIDo:I
U1ill1ies hI! 1.t!lIlnVI!t1 frtllllllll arL'!lcrvl!S All e~ntles within the firsl 1$ reL't o,',he mlll.:r
lalw:~.L D[~ru:ulwlllk.' llll\"sicglh' n!llllwerl nr the Iree c1l!.Jl.J:w:n.II!.1t!:mJ!:.i!!uIJJ!j!
li!!.!IUn.trc~lled. l.'xulit:J; wl{hin (he Interiur orllle nrcs:cr\'C' 1I10\' he nnaw\Ctlm hI.: 1~1al.i.u
l!bl!::lLirit i~ dclcnlllnctllhlll nl1\'slcnl rcmo\'allllil!ht CllllS~ 1.l!.Q[!:L1!illniu:.t:..l!!...!!.J.J,: lllI!ir~
\'c"clIlliclIl in the D~!lC'rve When ol1lhlhlled I!~ollc vt:l!t:tnlian is remo"ed bUlthc blls~ of
th.!.:. \'cl?l!llllinn remolns Ihe bose snail be trcnted with on llS. Environmental Protection
!'."enev nnnroved h~tblcide ond 0 visUAl {meer dye shnll be Daalied. CnnlrnJ nr ~xnlic:s
shnll be illlolelnC'nttd on a vl:erl" basis or more freouenllv when reauired Dnd sholl
descrlbt! sDccllic tl:chnlaues to orevenl relnvDsion bv omhibhed exotic V81!1!Ialion orlhl:
silt in Dernet"i!\'. Non-nntive ve2clntlon and nub;:ance or Invasive Dlonts sholl be removed
rromall Preserves.
l. Deshmnlioll ofa P.-cslN"ve Mana!!er A Prescrve Mansu!!r sholl be idcnlificllllS l.!~
[~J!Q!!:!ili..Ic llurlv In 11l1!mrc.tlnlllllt~ Pre~rvc MllnIlPell\l!1I1 Plnn}" hehll' Cllllll!w:1!.JrlUIo
'nlL! InJividlllll's nllln!! ntldren: nlld allonc nlllllbl!r sholl tit! IIsll!r..l on Ihe Prt!lHlrvll
Mnl1l1CClnl..'llt pial). 'l1\c SOnll! infonnllliun shull be otovidl!d rel!m'dlnl! the Jevclooer. BUlh
nunies will bc re~Dan5lblc lInlil such lime ,hollhe hDIl\COWnlll'l.: 1I!>!mciotion Iltkc~ over Ihe
IllIl1UII!Cmunl "rlhe Ofcscrve AllhnllimCl the hOlllca\VIIOf!i I1SSnClnllnll shtlllllnlentllhll
l)lnn to nro\'lde Ihe hOlncowncr a!a!ioclation informallon and Informslion rCl!urdinl! lhe
ncrson hired bv 11m association to mllnalle Ihc meserve. The homeowner's ossodollon ond
lh~ oreserve manotler sholl be resDonsible for onnunl mllintenance of the oreserve in
ocmeluitv. AI a minimum the Preserve MII"ol!er shall hove Ihe SDme ollRlincntions as are
!:!muircd for Ille Olllhor oron ms us set forth in scttlo" 3 804
4 Wildlife !-labile! ManBPemenl. Where habitats must be manal/cd with rCl!ords tn Ihc
sneeles utllizinl!. them. Wildlife Habllat Manlll!emtDt !Ilrntcl!.ies may be reauired 10 orovide
for soceialized lreatment ofthe l:Ireserve. Where [lmltcted soedes srI! identified
man8[!emenl slrate,ies shill be develqoed and Imolcmenled In DccordeDce with section
3 11.3 Where site conditions reaulre oTOserlbed bums 8 fire man81!.l!'menl alan will be
develoned bnd imolemenled
5 Protection Durlnl!. Construclion and Sll!n8.2e After Construction. The Preserve
MBnal!cmenr Plan !:hall address Drolective measures durin!!" construction and Sll!.n81!e
durin\!: and after construction (hilt nre consistent wllh section 3.9 8.
H ALLOWABLe USES WITHIN PRESERVS AREAS Passive reereatlal1ulllsl.!s such
as Dervlous nBlIlrc trolls or b08rdwslks are allowed within the Drescrvc "rCDS us lont! os llIlV
denrin!! r~OIlired 10 facllilalc Ihesc uses docs nnl iml:lDctlhl! minimum rl!cllliretl vCl!ctnllllll...J:llr
1l.!~Duroasc of/his sllcllon OBsslvc recroallonal mils m'l! those \lSIlS Ihot would IIl1tll'l 111n!!!;.P
ucceSS" 10 the oreserve in IIlnonner thai will nn' couse IIflV nlll!lIl1ve illloac!s 10 Iht.! nrtlllCrve ~l1ch
os D~rvlollS nBlhwnvs bench!!: Bnd educlltlollul !OhmS' arc ocnnllled in the prn:erv! FencL'S mllv
he ulllh:ed outside orlhe [lrescrves la orovidc orOlcclinn In the nrcserves in nt'cordn~ce wilh
Pllge J35 or 174
Wurth 51FUo*-through un: dlllelctl. worLls lII11Jerlilll:lIl11'tJ uth.lcu
!~rnlC~lcd>>ecie" secllnn 3J.L3 I C Pel1ccs nlld wllllli.tl!L..Imlm.[mius:l!~i1hiu Llw
1!~!.:t:~!:.W'r.:II,
;.'.7,~ . J~~EI'>:T!f.l~~1l~11M6ItWili6~,:Ii.
A. INSPFCTIONS SHALl H~ REOUIIlEI) FOIl Al L I'KESERV!:S. The Dr~serv~
i!om:!.l!I1llILllit.wm~ mmrovcd h\'.illiim;laj!!!lli.J.a!mh!fl~.u.j!lllt'cnrdilltt~..u:ilh Uw
fulbm.it\1! \;!:ht:lhlll!:
,. "diu 10 nrclilllinnr\' II~ct:DIOnCI! Drllll! DhIlS!! of' Ihe rCl1l1ireJ subdi\'iliiulI
illl~li:
~!hiu.!!Jl! lL~snt:iuh..'1l nllllSt.! of1hc linnl sile dl!vclnnlllcnt nlun nriur tlllhe iIiStlllWi!U!f
;1 ccnilicillc IlrUCCllnnnc\'.
.!._...illi...nillwo,aLrci1l1..!illIfctlIlNll!I>. !2lli!I:!lllllc iSllUllllL'C uru ccrlilici!I..!L!!r.lliBlI!illllr).liJr
Itll: nt]II~\ll1l!&~l!rl! lI!l!lod:tlml wilh.!h~..!:.!!!LkllllGi~li!ti1iu:;
4 Ei1!hl\' Dcrcenl \'CltC:llllivt: eDvCl'lll!.C .9LWc crented DrUSCrYCll tllId !lImnlclllcll1ll1
~1!InIillID!lll.~.ih.n:nW.wl.rltLi~~n!lJ2IIIDri!U:' !hltilliliDLnl!1!llin~
i1uJ iliIlJl b.~ ml\inlllinetlln..fI.!rrI~.J!i!ivc nhmts !Iml r~ull!!lllbt,;i[ mY.1uritllw !lIt:
p.n:~.:..\t.ID.llhc cuunh:d lo\\'nrtl~ Ihil.g.!J.:mWt!~n1.ircl'lu!11l.
U._.__:. A!jMll.6...L..M.6J!fI}ili.lli~I.LMU!Ul!.m.l!iubmUUS!Ll!b!.!ILlu!.M1l1i[!;!I..ug;m.s1i1u:. ~!.Ih\!
l~[!,;~J.!UlU~(]I~ILel1lU
197 J HFoumED SET[J^CK~ TO I'RESERVES.
A All orlm:ioDI structures !:hAII have n minimum ?5-fnol setbm:k rrom Ihe boundllrv of
lIm' nr1l5CrVC. AetcS!lon' sl",clures Dnd nil other !dtll DhL'I1\liuRS shull havllll minimum JO rnul
sl!lbneli..1mm Ill.:: hnllllt]nn' (IrOny prellOr\fC. '"tere shull be 1\0 sllc uhcmtions within the fiB! 10
~.ill.ti"ecllt 10 OIl\' nrl!serye llnles~ II CHn he L1umnl1!::ll1IIL-d IllIUlI will nOl adverselv hl1"llclthe
inlel!ril\' oflllnt oresen'!.! Ii.e.. Fill maY be nnoroYed 10 be nlnccLl within 10 feel orlhe IIDlund
~~Il..bUlIlU!~~!!rll:lroveLlto be oluted wilhin 10 feci of" \\'~\..Ilirnt~r~.!!ul!i~it
J,JJILb~' ~h;IllLlIl~lrlltcLlll!!!.l.l! will lUll 1h:l!nlivcunm:llhnl wcrlnnd,
I.!...-.. Addhiullnl nreservc burren; shllll be nOlllied 10 wethllll.]s DIlr'SllunL 10 Sccliull
l..!l.~~~
~ EXEMPTIONS,
A. Sint!'le family residences are subiect onlv to the lIonlicllblc \'cl!elation retention
slandurds fOllnd in '),9.<1.
l1._.Annlkulions rur developmenl ordurs Du'huri~illl! she imnfovernul1ls ~.uu..:i!211
ur.FSl'llnd nil n C8~e bv CMe hllsls n PSP 111111 lire ~Ilhlnlllud nllLl dllL'lIl:d 5uflicicnl nriur ill
Juno I g ;003 ora nOI reouired 10 comol\' with the Drovisl!)"; Ilf] 91 fnnllcrlv 3 9.5.5.6,
which Wl.'n! IIdonted on Ilr IlrlCr June IC) ?OOl
SCl:. l,9.&.1!:, \legekiUett-HmewlrP~8~tlon-shlndlH'Ck. VF:GETATION
rllOTECTION AND REMOVAL STANDAROS.
3.9.~ !"I. ~/'fI r r!'r~'~fHi'1 VEGETATION PfWTEC7'lON STANDARDS.
~ ~ A GENERAL. During construction, all reasonable steps neecnorylo prevent
Ihe destruction or damaging: orvegel811on shall be laken, Includilllhe Installation ofprotectlvc
borricrs, Vegetllllon destroyed or recelvinQ major dalnage Inust be replaced by vegelotion or
equul environmental value, 115 speclned by the development scrvict:s dcportmunl, before
occupancy or use unless IIpproval For their rfmovBI has'been granted.under pennl!.
~ rim :. ~ 1M IS I6t I elifll M '.f, B FILLING AND CONSTRUCTION Df:ORI<;
During construction, unless olherwlsClaU1horizcd by the vegetation removal perm II. no excess
5011. additional nn. equipment, liquids. Of construction debris, shall be placed within thc
drlplinc ofony vcgetation that is required to be preserved In lIS presentlocotion.
~,fHae~Rllml8. C. ATTACHMENTS Unless olherwlse aulhorlzed by the vegelation
removnl pornllt. 110 nttachmenLSor wires other IhDlllhosc ora prut~ctivc nr I1llntl:ul1nglng lIutlm.'
shnll be ottochud 10 Dny vegclotlon during constnlctltlll.
~ !iJtslHsI,ls1f D. EXc..'AYATION. Unless otherwise aulhorized by Ihe wgcllllon
r~moval pemlil, no soil Is 10 be removed from wihln the drlplinu or OilY vegctolloq lhut is 10
r~ll\nin In les origlnallocDlion.
Page 1360fl74
Words ~I:lF8~ 11l1! ddeled, words ullocrlineJ IIrc Iltldc.d
1A
~ l)'bI'l! " ~ 1k: ' J ruJS.'gJltlga E PROTECTIVE IJARRIER .fNDSf(JN4CF.
I. /lIxluff/ll;.m r1fP/'flII!L'IJW hl1rriClw IIml X/ClfIlIL'r!. All proll!clivc burricl'S shull be iml\llll~J
mnllllllinlllinl!d fur Ihe p~I'illLl of Ihm: bc~llIlIillll- with thc e(.lllllllelleel1l~llIl1rllll)' p\l;1se uf
laml c1CUI'iIlJ; ur hulh.ling. opeTllliuOl. lInd cntlil1)f. willi Ihe CUlllfll~lillll of II 1111 1,1 illSI.' III' Ihe
1.:\11l~lIllC:li\1II \\lWh: UII the sile. 1II11e" LllheTwise Ill)pnl\'cd Iu be rCl1IU\'cd 11) Ih~
tb dUplllCill $er\.icL~ Jin:ctllr'S fic:ld n:pn:licntllli\'e. ^II prolc!:I;\''': lmrricrs shall be
inshllled pursunntlu Illc rrce Pru!CClilllll\'ll11ll1ulliu uuiltJcn; IIml 1)c\'dupcTl\. Jh'is;,Ul Llf
r'"'C:llry, Slate uf 1~ll.lriJ:ll.lr ,'Iher m~lhmlli 1l1'1'l"tIWtl h~ Ihe Uc\'ellll)R1I,.'ltI !lCr\ icl.'l L'ir~-':hlr.
Si"lllIl!.C sllllll he nlllcetlllnllmJ Ihc nTL'SCrve "Teas 10 iJelUif\ lIIul n~tmal.m
llmi~J;tlll:llnlClitl!l._Il!l:l..bO!!I1III1I'\' of the Pre!ll'IVC sll:111 hL' ~n:l.1lu!IU!rul!rim~
~cllLltinlllhe IIrL:1I ns n 111'l.!~rve ShmCli\ should nole thmlhe Iusled llrculs 11
QI!l.!l:k~rcn The Sil!llS shnll he no closor Illnn Iun feul from TcsidCllIinl nml1cn\' tinL:s' be
lilllhL:uto II mnxilllllln hcll!hl of four feel and II maximum siu DflWD rounrc reel' IInd
olhurwise contol,' willi Seellon ., 5 6 Mmdmum siam snnc\nl!sllllll be JOO feci
J. :l/IIJlkm't's rJ.!pl.t'SI!lIIum'V I1!tJ,",.,ul. Till: upplicDnl for tt vegcttltlon r~l1lovlll per~nil
slmll. 11\ llle time Ufllpplicutiun, t.Iesiy.lIt111l rt:pr~sl,:lulllivJ.!{s):
~~11.. Who shull be rcspunsihle ('or the In5lullutlon IlntltlllllllUilllL:nlmcc or lllllrt:c
pl'llh..'Cliull burriers:.
~y. Who ShDII be responslblc fUf liupervlslnl.: (ho rClIll1val Drnll t!):isling, vegclnlioll
penuinct.llo he rel1lo\'cuur III1~rct.l.
;!.:J;..l'rllIU['/iIJllllj"III11'l!nr U/I'l!gl!llIIiml, ArcD5lo be prescFvL:d shnll be proleelcd
uu,;n.l;l. land nhen.lliulluno cOlIstnletirm nCllvilics by plllclllral n contlll\lOll5 burrh:r
around Ihl.' pL:ril1ll:ler or Ihe urea or\'e~c"lIilln 10 be pn.'Scrvcd. This batTier shull bc
hiyhl)" \'jslble IlnJ cOl1su'ucled or\Yuod Slllkcul:lll maximum oflen rl!etllptHl. 1I1:l
heigh I mng!: url\\"o III fUIlT recl. ~I covered cunlitlllousl)' Wilh br;yllll}" eulured, an
wellll1llT mesh mlll~rinlllr cqual type burrier ltlelhutl. ^n equivulenllllClhmll111IY h..:
subsLilulutl wilh the upproval onhe UIl\'UIOpIl1Clll servlees dira:clor.
+'!!,/JroI1wtiun a/illt/Mel,,"} m~tJlt, WhclIlhe relenlion of sinllle Irees i,. requircd by
Ihls Code. 0 prolective burrier. similnrlo Ihat rcquired in Iscclionl J.9.5.1.S.3.lilmll be
pl[lcctl tlround Ihe lree 01 II di,.lancc frum Ihe trullk of silo: feci or bc)'ollu IhL: drJlllillc.
whidle\'cl' is grcula:r. ur as Olhenvlsr: npprovu.l by (he devL:lopmL:lll SerVicL!5 t.lir~'L:IL1r'S
ncltl rL:prCSenllllivc.
J.9.,s,..l2. Cur./! iJJ~<g Rlh'/VU..' iff tj'!'-l!'ld r'cgeIRl:rtH. CRITERIA FOR REAlOV.1L ,.fND/OR
REPL.-ICElLfE,",1TOF PROTECTED VEGETATION
A STA NDARDS The development services director may approve on applie=nllon ror
vcgcIDlion removal p~nnh lfases slllln rBlh.wi~ia;.irlt Is delermlned thaI rensonnhle
~rror1S have been undertaken in Ihe 10\'001 und desi!!" oflb!: Dronosed develooment 10 orcservc
~5linll vCllclotlol\ and In nllll:l'\vise enhance Ihe I1csil~lic nnlltlnrnncc orlll!! dl!velunmcllt hv
Ihe incllilll1mlinn (lfexhahlll vtlt!clnliun in the r..Iesit,~q~ Itelocnlhlll nr 1~1lln!Jllillill1.Qr
Ym:,Cllllilln 1n1lV hc rcullkcullS 1I Clllllllliun lulhtll"tUIllICC nr:m lInl1nlVlIllllllccurahlllce \\'1111 lhe
criterill set fOlth in Ihls division In nddhion II vct!clllliull rCllIovalncnnil "lIIV bc issued lIIu.lcr
thc rollowinl! condilions:
~1. Prolcctetl vegetation Is a sarelY hllznrd 10 pedestrian or v~hieulllr Imine. publit:
scrvicl:!I. ulilllics, or 10 un existing slruclurc.
M~2. Diseased or otherwise unheallhy vegetation as delermined by standard
honiculturnl pmctlccs and if required, D she Inspection by IJ1c development servIces
direclors field represenlatlve..
~3. A final local developmenl order has been Issued whIch req.Jires removal oflhe
protected vegelation.
~. Compliance with other codes andlor ordinances may involve protcclcu
vegetation removal.
as.a.:!.! The IlppF&\'ili far 811 BJlJlIlBalioA hIVsl. iRg . IlgSIBtlBR Feme .'iI! a~aU-bc
gflnle8 eFlI~ IflllI Ele el"IfRlIlt 5er l'e!i Elln,18r IiA~FN58F1a8Ie eR'efl.5 hit C Been
HFldeMken In IRlIl~out BAd 8S!llgA arlIt! flFepeSlS tle"elepMeftl4e-pfe58f\1&-eJH&t-iMg
wgetatlon eRa IS sIRBP"II1lItAlunu;e tile acsdurla 8~F8R~e-4laY4Hep.'~ke
ffte.eFp9filtlOR arelli5t1Rg ege:taliB~e5tgfl1lN8~aEilH~r-reIJIKet!llw.U"'Df
y.ag6Wltiolt-fKl!r-be-l'"llll~ed 8S a 10M-lf.ietH'e-tR..tssuanoe--aj:.tirHIPI'AwtlHIH4UlHIl'tJanlOt!--W#k-l-flc
a>iltM'ia-9lt4-fDr-lh-lR4hkHJWi&i91\,
Pnge 137 or 174
Wtlrds ~ItAHlglt IIfC tldlllcu, Wllrus: l.I..IDha:liuJalllrc ntlueu
'lA
3,.Q~,2,,6: ~. p.,.,'h'f."t!1I-w~III1'II/IJI'IJIHINl:'t~I'-l't"'m''I.,I-i.'Hm''''mfil,* I{cl)hl!:~IllClll II(
1I1111IlUliVc \'I:SClnliull slmll be wlllllllllh'c vcgcllIlilllluruulllpul'lIbIU-Ulllip1l'1' Imd Kr~lllll11J
slmll tK: subjccllo Ihe upprc\'lll ortbc dl,..'Vclopmelll services direclor 01' hlsJhcr dcsiglll!c,k'l
Ihl! l.''''ollll.lhHI"L'Ompltlllhle.d11l1Ilt!p-ur iJituueh!f-RI-hrlllllll.h~ighl (iJhh}.y~1l'ltlliun-i,,"lllll
K\illilllbll!, !l1\\1l'll!r~dhh IMtll-lhln Intttl dll! hnluit;iI""U1t1illlu mnrhl! Iillblitilllll:!Ll,"~IIlJdl~nu
t:h1!Ulllllliln~li..y,..jlkt-1Ah:"flH;h~ult-htsli-lhilH-I\'~.1lIininlunHlI:o!.tH'l!Etu-i~lI1ellI-H:lF-lillUI!I\MI\!iltG
ht!-""CC'ltph:!iJ..fK~t.jonll- wtIH.tIl-lFflIIII!LI.r\JI"-t'''lnu...akt~IH'AnlKi'''l!-YI!g1!l"lit~H-;\!i-.UII'cL:l-tn
s"'('''Iitlll..~.tllPt.'"gh 4.1.1 II. '1IlH...!pIRlk:ll'lldI1H<<tttil'lNl\eln-ft'H'-lI+ili-'ollfg."lIa~itm''ll'"d,"""c
un Ii '1~I.bllslli.-lI!lill~h.,..millllUum.mili~"liult"J;il* ul'hcrla ~ltlhtu-Ulludl"lIil!ctinn it~,:f'~)
Ihmluc:t!numl vCl!ctullOllllhull como'" with rhll stundnrdll ufScclinn ').4.-1 mid shill! i!!BmJll
lllc r~lllnwinl! minimum sib!s; onc I!.UIl()lI11rtlllnd COVCl': !lCVl!n t711.nlhlll shrtlhs~
lH I [oul hiuh lrees with !levan fuot crown sorcad nnd dbh rdiumct~l' III b~nsl hell!l1UQ.f
~.iu(jua. Rcplnt:L'1l11:ml nnli\'e vegctlltiOll !\hnll be plllnlcd wJlhin 1-1 clllcndnr ua~'K u(
l't.!llhwnl.
;"Q~. ~ On a pure!:l urllllld zuncd l'csidcntiul slnglL...rlllltll)' (HSF), \'iIIug~ resid~lltilll
IVI{). ~11I1~1I (Po:) or olher Ilonogrlcullurul. m,mt:(Immerclul Wiling dilllticl in which lIinglL"
rumil)' luts how been subdiviJed [ur sillgll.\.rumil)' u:le on I}'. II vcgclOliun l'I!/llOynl pl.'l'mll
1lI:1) bc iSKucd for nil}' pcnnillcd acCCnt'lI')' Util.l IllUml Zl.lnill~
~, ].., The proposlld mllngrovc I1hemtion ha!i a Florida depnrttnclll 01' cllvirolUmnllll
I,mlllcliun pl.lrmlt or mccL'lIIIC pl!rmluing illundurds in (,'loridu Adminhnnuiyc C~ldc 11-
j21.U30. 17-32 1.1150. 11.3:11 :100. 17-321 JIO I. I 7M32 1.802. ur 11-321.1103 Ill: nul)' be
umenuud. Iltl\\'~VL'I' nllllll!nl\'l: retnoVlI1 or uhmnhll! shull he nrohlbllci.l in 1l~'p....!J,:~gm
l!.naUL..lJ!OedllJ rlllli'llh~ lli'llivc \'el!clnlinll nTCSL'l'Vuli!,n (!,):t1ulremcnts
;;~r9~ t. R~nlovbl of'vcgetDlion ror nppruvcd mltigftllon bunK sites (liS d~nned b)' the
Flurida Administrative Code); stutc or red~rlllly endorscd cnvll'OtllncntDI prescl'\'uliun.
cnlmnccmcllI or restolllllllll projeCIJ: or SllIIll or floridn, divisiun uf forclllr)' i\pprovc~1 nrc
br':llkllshull be pl!nnllleLl. Vc~cutlifln rcmovul pCl1llits iSSlled under thusll crit...r1:lllrll \'nlhJ
li)r Ih... pl!rluu uflhe lime Dulhlll'ill.I,..'ll b)' s\lch IIgcne)' pcmlits.
B, J'EGE1'.fTtON RELOe.IT/ON tItAN Il'Vf!t!.OIDlion rclOl:Olloll h: oronm:cd bv lhc
ntmlicBnl "riOf 10 site devl!loDnllml Dlen cOnli:lrUCllon I)la" or other "nit! EloorDvol, II "l:I!l!lillion
rl!locnlinn ot!mlh lYt.'lll!IBlloo rcmovnl oermill nnlY bl! issued by Ihe olonninl! s~rvices dirccla
lm.wjdi!u Ihmll elln be dcmonslrnlt'd Ihot enrh' Irunsolnl\lotion will Cllhnnce lhc survivnl ofllle
rclocmcu \'cl!e1nllon. The \'el!claUon relocution nlon sholl document methods nfrclDCDlion.
!1m.iJ!!..of rclocnlion w(ll~ri"1! Drovi!:ions rnalnrcnullct and olllcr hfol'mnllon os rCCllrirl!d bv lhe
olanninl! scn'iccsdireclor
C. LA.NDSCAPE PLANT REMOJ'4L OR REPLACEMENT. The removDI orrcolaccmenl of
!lll1!!!\'~d lundSCRDlnl! sholl be done in uccordllnee with Ille relllllnlions thntlluide the IDndsClloe
~iew5 and nnlEQ.YilJ!j!l..Q.lvi..inn ') 4 A vCl!ctnlinn..DmillYn.t.nrolli1..!Y.ilLnUl.h~l!U!.:!-1
fu.t..lb~fCm(lvlll nrrenlnccml.llll oflnndscllnc Dlnnts. nlUI nnlID.!.Yil.Lm1!l!l..l!!L.l!1!!.!ti111!1.1 J.hr!.!w;llllll
ilUl..!.."IWOIl!lItnnlCess to the IllndsCllDl! ohm lit liS t1lhcrwi8U!lIfhol'b'.l!d O\' ncnllil.h~~~!!il:.r
Ulliuu:.1J!..!ll.!.scuoc ^rchllccl.
3.9~.ll MANAGBMENT PLAN AND INSPECTIONS
& !If... 'U.!::~ liE It"..l.u I "tJflll d MANAGEMENT PLAN REOUlRED For 011 individual
arcus ormungrove trccsltnd arllDS ofprescryed plant communlticsillrger than on~hDlrDcre In
IIruu.lhe OIVlIl!r sholl submit. ror Ihe approval orthe developmenT services uireclor, u ll11mltlvu
mnnnsement pllln indicallng tho munner in which lilt: ownor will prcscrVl.llhc nmlye [Jlunt
communities. The narrative shall include:
~.L Whelher or not the existing vegelation is to be preserved In the existing species
composilioo.
~2, Jr applicable, the manner In which Ihe composition of ~xisling plant rnaterial is
to bc; preserved (hond removal ofinvas!vc species, prescribed burning, eIC.).
~3.The maintenance schedule for tbe removal of Invasive species.
~.4. The mainlenance schedule for Ihe removal or debris.
~S.Olher information thai may be required by Ihe d!!l"elBJlfllcnt R1!ll!J.lDg services
director Ihal is reasonable nnd netcssury 10 detcnnino If tho miJllol:cmenl plall ll1c~'ls Ihl,l
requlrcmen15 of tbls Code.
~ ~'i !HlJ 'ISPlJJ..lt; i BON_SITE /NSPl!.C7'/ON. '111e I:h:!vehllJllllllllt Wo..nul!.u:.lIcrykcs
t1ircclor'!O field t~presenloljve moy conduct 110 oll-sile inspcctlon 10 d~len1\lne if\hu prolhlSud
Pb~e 138 ur],..
Wurds stftHIlHkFUugh Illl! dt!!elcll, wurds llnd~rlincd 111'1: ndded
'1A
vt'HelPllon re11loVol meets tile criteria in set:tion 3,9.5.2 Illld conforms lu lhe ~HUfl
5lonullnl5 ~ in scclion 3.9.8,5 below,
.;,L,l~III't!~VKliull~llm.Jl'll\ltn
1.".i.i I. ~ l~ltWt9j!~ltl\4-R&HJW~~ll~lli!i-tH4jl\il.ttetHrkltU-lnetl~1tflW.tHKiI
IIlillinlulll-l.lhl.p~Iit!p."'lniIlIH;I"lldHN~.oatllili"~u.willlill-Illi!HK!ui-lun,
l,?i.i,':! ~ 1I1U! lie eleplftefll5-lhllll rlMliA uri&llll& Aill 8 "egeIRI:aR Ie the II1Blli"'UIll llt:h!Rl
fJfI!*'+bkt-~eiYU)' !Ian! sllis ".Ii,e "eg.euui€lfl--Of+i~lh~lI-ft!l.1~l'tttI-bullel'-ft~<!n
pl'ttll!\/tlt1::l;p",ui""'I'lF.Hdl!nlir_<UlWiil"'l1)140~il~IIAII-l"'t-~iYeIHH'1'1'$I;#fY,il\lt-dutw.IIHbilllls,J1FlIl;-t\S'R
rlln'll~'IIII!-I"II!IHilllkHlfIlivl! l,Il:!gdIHlioH-l'VquIHl\lenKsSlt~lli:ll~-l.J..rnH\It!--nnIH~l;Hltl!nl.uf-lh~sl!
Hrl!illik,Wlllml-lhl:! .1~uir",d-lI1inill1l1lll-flH.invd-Yllgt!t.li(tn-pl!~llftg4!-IlItIi-l!~I-lnl!l-1mNllanl-tu
s~iun...;'Q~,.J_illd--;;-9~.,-l-lIddiHoItItI~i1Ifw-vl!getltt-i911--shRII.-bt!--relainDU-t1llless-nuul.lt>!Oury
~rllue-!11I1Ilt;~...-flt'l.JlIirfi-tIlIi"IiH1.I\.lIUre;.-!OltlI111wt1h!" "'lIf1"Il&emOl!nl-tiY!ihmr-dl;!s1~n. m-llppl'IIVl.'~1
I.ltllt$I~'U"litlll,lllntt)lilll&'llt!t"!II!iilllle-iI~1l1lW&1"':l=ltt!-ll~~l.I,,\tl-I'~I1Ulvt!--lIl.1dil i~ff\aH!l\.i!iling.nKli~"C! IIW!i
'ihHII.Iw-"'~manlll-fHII!tl-h~l!-ftPpllott"I-ils-paFl--Gl4hlf.-ll'eglflal iL)ll--fl!RtIJYIII~FoWI<!W-pr-l.~ult!ls.:-WIIl!1l
~fI:!H~l'el>>tWtJd~~altle-Mat~sl'RI18e 1~itl'lletl-tftl&-5ile-;-lltl\dst!Kpittl
tlltlt!I!Hlw--it"tMHHnll-e8ft-EllHfl&A!i~a~Rling is nBl feB&U.I~ppt'9jtAQIe,-IWI&lR~
itMI!Ht~'"'tiellllballlll! Ilr"&e~R...hl!tHnHfeI)'--wilh,,&IHfeesrunHl!I'5klF}'l";lf'IEl-gFOYMI-vw.o1H'i
left...j~ntHtlK!tslu~ee-p~kibtll!l:l--eH&t-lHf'eaes--Pl!lMQY&l;-6nMQlt6tlml!fll-Willt-tlllliYe
tHlHtHllall!rilll-atld-pl~nd-ftlaHKttRa"ee-,
J..,lJ~. A.u.n~~~IIl~4-u&\! YB '1;!IBpmel~l'-Ikan-~OI'I:!!r-iI,-Ull~..tlt)BIlI.1
IIUlnll~eltl~III'il~fl!i,uelif\l!ti-ln4h.H1)gQ..Wi}iml nF-llkl-rUI\l~IIII1.k'Kl!-lIlemlilJlHtI=.th~UIIY
!;rtfWllHtlYlltI~MeIlI-pIH.HIIlu.8r"'HltIl'4kItft-3O-tiel'll!l-ilHftfHlt)lt&tlllllpUtilt~tKllaKttl-tlFl!lHIlH1llJiIt~c.I
ffi-lltlt1ll!IIlff'iH-pIIlII-ftlt!llil'l!ml!lllHltt!tiaR-~"'hi;}-u~k~da"li4:I~leOOali-ef.tl~S~lHtiUtl--(lr
~IFltHkIH-l!Iefl\ltltHf4~F1lj' gl'B"}lll RlaR~lal. SARli FelBhl~NetU-9f.dll~
YiRl!le-Iwtlu~m~g-tl~lK&tien..etHik+-lMludfttt-8e+k-the"uREieFSla., and-fk~p.ewtd
~~et~~IlHgnett& arl!B Jls5!iiBle.-WlIBR !!fBl!leleEispeeil!!6flFB Il::IeAltHeOOH
&i~l'i+y-s~~~ke5ek8bhBISRl'SI.asarartBrlheF8laiJ\"'''tIfWe
Wgt!lttliotHt!~ftl-t5ee-68li1-ittn:,II"a ftlrllllH:1l8nftgl!nhm~FtHl~lttMl-SI!-'I'er.a1
~fI!ll'-ftat+w-plftttHeln~~R-&l~ike-dl!Wie"m..~w.;..wl~pFetleI'W
~Q1"ftllC'S-ttf:.It~lelftri?pesslbltt.-AHa~t1ilHlJllng-IIRH~II.sJ!U~\-f.Fl!'-pIH..~t-h
"HtiYe-!lJl'l!l!i~~fkli.illl"1I2~ fl8FBl!fI~IFemBnf-et!lMkJel'ing-fll\~er'5II!l'7'""l'lId
gFltl:ifld--eIffltfrPI'IWkI~~aHHt~r efl!EiII, grElUlt&-eeY6F-6&ASIiluh!!l-ftlHMill'lHHafl-aQ
~~t"e Ilflsses!!,el::l .HI', 'Nhm 1.,~'lIl-MHntHlHI," 8f"'" sJllee, rIIl1rllalisFla\ amenities Br
~.i 'ellllRallll'lal Rleel Br elleel!ll the miRiAWflt-epeIlSJ!lRB8 Ilritarla erCeltier ('A~1ts
~"IlIHtot-he-attftSIFl:le.llIB rllqllif&-;Ha~l1lllg~ efsJlen spaee stltssilll! III FlIl!eHh~
pl!fee'At-tHltl:8 \ IglnatiBR pe>>';',-;:ht5"p~lI-tt't he illte,,'!leEl Ie allow-tle' 8Js,lIlleRI In
WUl-I~5Rwkl-the-wMl8nl:l!i alBl'I1! l!aft!tlIIHe-lfteAHh8~nl aft"! liilB iil'eepliaRll, Ily
flMl6tt5-~a\te~fftl-Dfhlere8seEl~per8f4l:1i1'BRlellt5,sRilll\ae",FBI'IIBEire"1'ltFeek,
~"eM'eti59nll~GR\ftH:ldBlH~w-p~Ite-pfepe5~i",jt;'.
.wheFe-RIl~~seMti&A-feEfy.\FI!lfteItW-aFe-ft9HIeGaI"1fl9dalet!;-..he.IItl\EIs6tlpe-f1IKIH~""I-l"IHlffilW
tHlllliw 1)lllnl.l!UtnIMUI...i~;...alkhr-et!-5IFillR-{gt.rtUml-ul.WtF;-Shrllhs-IlIHH~Frh-1t111l~lllg.lttl'gllr.pllllll
1ll1l1 ~"h, 1~'SU"IlIHII iIlUl~..<\uioli ly-r'lH!Ft!lIll!-th~"IIJ~I'lIIttIUre--VI!gtlllllltllh-$jIIOIl-rtl-VI!~l!lal iUIl-sllI~lI "pr1y
Ih1!.J;llllllillrl.lll,ur.seutiun.2:4:4"nJ:.lhis-Cudl!,lIlId ~nulllLh.HI 4I1illllil)'.or plHlltlllgll lIuthrhlng Ihe
ltIlullInl uf rl:!lifllirIlLl"JlI~~fYIKl-ntll;v~Yt!gllllltitln dllll-wHY-reIllClvl!L1r-=l-1Itl.Jblhlwill~'lIIjlliIll1l1l1.tii.,..t!s
!ll+a11-III"!tlyrQl1~aHet1-gFEluFlt.Hru' u, H'/lI ';BIl9l-l-5MLhs;--l4-+ee~glHree;-wllh-iHiyvtltt-feut
GF9WfI-SpFelNHmt:l~8RleleHI--bp.e~~kfW-iMRes.-PKlyjeY51~ elulire~,
Bis erR8li"e >tgttelieR, !lh811 Bt l!llB"'''! rrSl1'l lids rIEfllirsftH!Rt.
J.9.5.U, \11 e~85 afne': 88 elapmeRt f1SIIl!.rBF8nGea ill seitiSfI J,9,! U IIBEI,e,
tRBh:lYiflg Bl:Il RBt limlleEi t~eRtlel ef IRh:eEllIs8 de. eleJlmell13 \:Inaer tAB thFeshalEis set faFlh
in seGliall J? I,i,::!; J) ul.mmeFeie.1 de elapmeAI: aR~l~pffleRt5hall BO re~uit:eQ
fEl-tJresep e Bflll.p!!,rsj!fiale pertleR eftfie f1atl"! "egetatll1f1 afll~e site 85 d~ed IhrBtI&R Il't:
eetlRI~ de eleJlRleRl fe.ie" JlraGIl55, "'hefl-pf&~peeie9I1rll iseRliRed IiIR Bile, priaritj s~
gh all Ie r;lF8s8niR' lhue RlIlJital& f:iP.it, ItS a JlBrt aflne retaiRe.d nell II! > I!gtlltllaR feqairerne~
sBGllell ",11,3 far Ihe mSRlgamell1 erthl!5e neu), farRen, dewl9pfMflt--YRser R"\! IlIlr'5, It
IftiRHMYAl efleR p'feeftt"9~'lh! Rail, e 'egIlUukut-Bn<e fB} It",a), shan Be ~tlla..,~~ding-4ke
UM6erS(afj BREI ~rBlIlld 6S"llf far nel Ei~l--KYl!-aeFeS er grealtN';-&-KHllitllll:llll ef' Ii PI;!I'l,!1!Rt
~tl>!l .egelatlaR ensile (hyueal,shell b!l~elllll'lBd, IRill:ldi."g lhe '"iRdu5IBf'J a~
es' er Preser 'aUelI Br lil"e,e,,1 aSFlllgYBl:IS Hsldtal5 l~e"flfllIBllrll.gea, "'heR se efa! RIli 'Il' plaflt
eeffiflttlRhles !llihil E1n SI~8'. eleJlmBnl JlhlllG "III fl!851lRl!IBly attempt t9 preser I! enal'flJ!lles-ef
&II aflhem, lfpllsslhlll, J{lI' 8 ef, tltis J!lsIies SAIIIl Ra( he hHll.Fp sla.lllB BIIB "lls"BleJlRll!RHn
811aRsS,skellld "1H1111\ih alBRll lteR511lt:lJ.e-tfte~8-fI9Ft-lBRQfll:1,!!slla rllljut~8
pn&er ed. E:nBeJlUIIRS, h;, IROIRS efffihigatlatHfHlH.t.fefflt--&HnGFeIt6~tl-tlttuisea~t1iFllK'lIHtl5,
shall--b~F8:RU,,1 far Jlars,ls "'h~&ft...eaRR8I-f't!,a&Onab~IIOBIftl'H:ldMhi-buIMh&-,,~sl!l'Ytllhn"I\I'\!I\-ttHd
Iht!--prill)RSeU-tllllfylty.--WftefHt8.IIYl!-pl\!!ft!l'Va,,*,II-I~ulf'IInl~nli;'KnI"I'UI"IiOOllnI.llll.uill&l,.III~
ktmlSlHlpl! pillA shall FI snail a FUlll e p1anHMtmIflYflI~M-ltIl.lhfl!l!-SIFilIIl-fgNund-eo~r"i"lilil'ilh"
BAli trees), I:Illlh!illg lapger "laFlllnete~!H&-fItGfe-qlffelHy-riHH'l!il.le-lfle--lesHflaluFll
tregellllieft-r-Sueh Fe eg!lBlIen-sltaH-eIJ~~R4rlfl:ls er!lllE!llaR ~.1,I, arlhili--GfHJe;-!:Ind-httHut!t:
Pllgl: 139 or 174
Words SInisI' Il'Iral:l~lt are deleled, words underlined lire lidded
1A
lHfl..nltl~l-inp-MaIi!lH~kHmeYM-ef:..Mtu.;Ffi..tfFt:WPA!lH\Hli~He~1-W1\$
Nmoy~...+hl,..ji,lluwil\~llIiMimUIII>$-j;:!.tH;..gkltlHll.p~nl!-gitll"I,,"#FUUlllkHwept-IW-gallult-S~
.J.4...fw....I'igtHfee'.wjlh~oHJre.'I" spnmtl-lm.il...dlth...(4i~wler-lll-9f'l!8sH,,"ltklt-&":"hr~
i"uhdli,.I!r~y.iuUt;IY'IlIt!Kr1!t1' P"rt.'t!lli:~llid.ur.mlliy"",,,ug.l!IKlltlnrNhHII.I*..,..t1IIIPI,IHlI1l'lllis
rt!~llli"'!Illlmh
~~BlMuHitil! lII.rieHItUFaI uses shell Be \!/llllft,l-lf:etft4lk!-e"",~pI'elil!PYBlien rl!'qairelllt!Als
~dl!ti.lklfHln~'n~" u.leaPi~~HH~*"INHllleHlul~J...ReHt""eeflWl'll!d-Kl
"~lIullltl'&l-llew.l9p~F-a'-hlaIiHetl J IIBI'!!. Far-lbl:!1Jul'J'asl ol'lhid SL!&I~dFAt-8enQ
Hdl!-ll.~tKlkllf8l-11~kMlHH..I\l~IewIII~~~I'IJting\ hl:llt1Bllhy~il-oMd
mlf1tf'eEll~lte~fP'Jlglll"ls; RUAlltPiMtftR~tl~"~l!kIeHe~~i~ing,:
&Rtl-e~fieul~iWHpeeieAuBjeBl-lB Cta',l! efRerisa QaA1IHl\'18-FPeiIt-Wa~
~mmia!iiaR-ftHlftjl&, rar IRJ sHah liB" ,1IP5loRS if\ 1m U:lsn-Um ~'ell'5, tfll! S8R"ertesla~
R!S1Oft1t1.will1 nmi J l!gellllielH~~quIFeEl-"~ Ihls Celie llllke....~hRHllIHllaaFillg
OUUll'~r :.j:lle-G8I""RtuniIY~lWelBf'lnel1"Rd""IlYiml1mtlIUIiH~tllRiBiSlFalor.~-or-hi'Au.r
t1~~i!:lll!l;!r11tHHrtlnl"""'flll'*lHtHliAI1111dA....hl-&lul-t1btIY~f~lOerv..llun-~Ui"""~H11H..IH.~"illllli\lrifl.l)'
28ftetl-pFap~F-fise~i$-Wl'Y-IlH!5-Eas;we"kllMl-feMII-se&li~~l'If:l-eemt!lMt!lt.
~tllll it GaR lu deffiElMWeH!fkkeHH&4ft....dte-B~Sl sf lke geRBFa] pUIUe Is-alhl'/ a l'I!SHallat1
I.. 1111 or peA hm Ille re~lflnPflIlI\15 re,t IlfeSel'Ylt4eIt-erellistlfl; Ratfye...yegel&f.ieft.
J 'U S , ~hill 'a PfBSllll". ~ Criteria
~:flJ!) " I, ~hlll\l! e.;elBlien Ihalls raEjlllFelllaln J!FeSa[' ad ll"raUBI'I' 18 J !?,!.$ shall be
HJ:..lIl>itl~i!f' e. A 1'l!1IS sel a!ltl:ls as flresep'i!!HIhll"'Utl-hlbllilul as -PlllS!!I' an 8R "Ulikd
pftMl!K
~. J. c; ,in I,RH#, IL l6il I T-hHliiJtiIFUII'I'I" istl arthtl-pFeStlr e 5hall B~
&.IWttn~itf-.pFep~l!5SIRafllel1aeFeSo
&-.an a...eFage afthilt} reel III hllh hut nollm IhaRt,uslIl} feal iF! '''isUt;-fe",",F6f'~1
lE1Il!flllerll&a"dle5slhalllell~
&rilfHWoeFage afHI'P,. raell" \.lfltll But 1181Ie5$ maR I" IFll) feat fer PFBflllA3- af~'I:lRI~' IIffeS
ltU~lef't
~/1~p,.t'oYt!~h~~ltll&-pM!Itll'YeIi-I:Il'tHlppr&Y~I'le-ltll\dlklBp""lthm'ehlll~
Ufillll.'IHIKlivI#1.limH."tHllmUllil)'".jIHllHIUl'tIllllutHYilk-IIIIll-Yt!!:t1ll1ltul~ililoWil-ilIILl'lllanLlarJl:i--st!I-ltl/'111
in J.'~ f! 'J:I~IKHRIttt~hB-JIlaIIlS shlllllhHls-fttlltw.'6l-kWl'll)' Is lhlftj' r.tHlI YA I!l:!lllt!r rur IFI!JIl
will. B slI.all e&F1~~11 A AlillUR!spRlad) Bnll faFI) feet OR seRlar rer wees ,ilh D
klFgB-VllnapJ' (i,.re8Ser tllaR 10 R IIlalY,a spread), R, e. fael OR E;8Rler feHhl'HI!IIi and three rOeHHI
~r grauRs eo' IFS, PlaRI malerlal ghal~eftled 1ft BlftBRRsrthallftlMies a IIBttlral
~1.eBRut\ltAitr allS shaUllsl BII R1aifllBines BilaFldssBlliflC. t11Ail1nnFl SIi!iBS ~r plaRt material
,,~t!-feEil:lells ~r 5amB BRS alher rerle haehat6.. ReTe &R1allar lli2!B planls-muerial Bre lIeuer
suHe4-fer Fe eSlahlMIR\enl afiRe Ratl"! J'IlaFlH9IftfMHti~.
a,-.A.pfHS' liS BUiMBS f1reSI!F' l!S, idalltifLes ill J 9.$ ~ sSlftitlgales Rali...! JlfllSel'YllHell-;-fAD)'
be-l.t~eRNII~
l.ABt mere tliaR aRaaan! ar'ke FeEJYi~~&1*6pffiy-hBs-lt!S!lo4tG~1y
1I~5IiPlr.ilatiYe"egt!IIHi9fl;
~SFB (l=Ian I'Ne Bares eFtke re~llind prssanfl5 iflfll! fjrsllsf'ty has IIEjualls sr
~ter Il=IeR (' enl~' lIerBS aRs11!5!i theR eigh~ BeRlIl sf eri5liFlt Bali a egelBlisR.
iii. Rat !flare Ifill" IlJIl'o. sethI rallwlres IlFeSBF 85 if!he ,raflBR)' nas BEjl:lallB or greater
lha~li!resllre*illllllg Ratl...e vegslBHM.
b. The ",IBlmym sh~lIIftsioF!li !ikan appl~ B5 set refth If! 3).',,[.5,6.2.
~~r laRssaBpll\g aFBB!f Ikal in rSl\ul!stlld Ie 8e BPfjr9 '!lEfts rylRII IR&-fHIW.ae
yege4aIIOR fjn58P'e r8l\wlreR18111s B~B1I8B IliIe~~nUF1'IIS alld-shalH9fI~~11HH1
preSBf' eselBaeh.
d. Created JlR!5I1P"1 ellBllpllons mil)' Be gFafltes:
i. ReR II SIBIII eF-Ftile.ra1 pal'ft1l1 reEl1tlreSUealfBR OfllBli}e ile1!hal BR sile. 11le
eHaHt6-pFe5flP' a aarBagB 11Ia~ RJ.Um...&U-eFi*lfl...el:.l.JtHIBti 'a '/ege(eIiOll~effl
Aaf\ prt:ser"es are pleRted '''1111 all tliF!!! 61Fale; "sing IhlHfllei'lll-5el-HH'HH~Hn.>J
~~~~eIHtlll~ll!iI.FIl!.,.aFtit~lIserthll-SK!e-o~.t!-~h-
il tlefl SR1.BII i5elalea areBS (anus Ull!IR I~ Bllr' III sii!lI) afllati'o egelatililH*isf.en
triht.-4fHIRses-where tit!) 11'tJ I BrflSH e 'egelBllllfl fesut!s if! s~et-e&-ar~
Page 1400fl74
Words slNel: Ihrsugflare deleled, words. underlined are bdded
1~
lI~HSrpR!&HYerAUlj lu ~laRll!il 'ilh-ltn...IlI'eH\flllkl~~ffit.liI!i-fQI'~h
in~~~nd-uI~M1.lHfNlKed-a4jIl:~~,,"liYl!-'t'e~Iffi\~i0"'-Qk."'s-&M
9i1~."r-i.'tltllig;1I"1t!i-tit1)l'I!lill!",,*I:)IHhljtll!~Hl--pfOfWl'I.ieli......:n)i5-t!ofiItVplilllHntlrb.....gl'ltlll...J.
~o!~lIl'tJl~~.ut.lIIM;i;t~ uf-l11ll!-pFt'.twIH_
iiirWItl!IH!.IHt~~iIltiD-6-f'P6.i@,*",e!.lllflfH-11l~...rellWa\~~~I)'-wil~lHigalo",
lwtlhh -KIIJ !ll!.rtl)-IftflIMitlllltHouelHl!i"'rHOd.....II,t:IIIHt'ill.... ~uil'tltl.~lhl!.j;HlIl:!-;-pr-fil..'l'o,:lIfi
1Il1l~ I.... illllllfl.'lllJ IIlh.! C"l\JtlII:lJ.I;!IIll!w11l!r~ i1IHil~.
*, N.../l/i~I/-:;If~jH..Jm..-If~,l!f"I'~II..fH'~I~l!ki~-skKII-IIItW..It-"litljHlIlln-a~-rllIII
~1.<k..Ifl:tIIl-lht!-.bt!.tH4t1I1I'T'tlI~Ity-"F$l!fWrA.CJe\!$lllTlIll'IleHII'llIl.tt1lu-tl1l-utk~f'..Sht!-.lIhtll'"dlilllb
.!Ihilll-IIRYl!-it-fttirWmuln-l.o-fO\ll-SaIBlK!k...ft:uIR-lhlL!--hllundR~l=-iln),-I)Ml!l'y."....;jllllr~'liktllll"" 110
likt1-lllleRlHl!lll~lkin~~O-f.reHdjIHhlRHfHlRY-flRtSt!f'YlHtRtItS5-iHtM.be-dl!lnttl!.sll'l'lI\.>ti
lhil\-4-wlll-nflHlI:IV~~\lptlel.d'ltHIM~ky...uf-WIII~pl'l!lil!l'Yl!:-{i..e-:.-,qn.I!.la)'-lu!....ar'1l'l.~\'I!d.lo..hl!
pIHt1I:lJ .willHn-1 O-hll!H.Il'-llw'lIl"lanu 'fJNHf\',!-bUl.may..ncH. bI!-IIPPPeYl!d-lo--\1t>.plltl.ll!u-v..ilhilH (I
1~I'dr 1I-\...o!lIltl\J..,~!it!I'\'t!-"'llllll!!i!rh~U\. bt!--d"lUtlllllIFHhld-"II!.I..j~.wIIl""!.UH'L>gHI.i"'l'~..illlPfll'l-lhHI
Vrl!lhmJ.1
~.Jnl'fliii\'t'-(;.\'jlli"'+;'1t~'i~Hffl'.,j..fmrl-"'/diHlt'lIrl"I.~H.,....HIl""~ItH"IH'dl!.llt"'llI tUlU
mHilllt'lI11nl!ol:!-1)"Il~-1lHHll--Fo!llUi"'HhHHttlhl~I"...I~1!1l0Iiu&-i\l!-ft!fllltYed4FtlHHlll'11~!iI!I'W!k ~1-'11t
I.!l\ulic!i .w.jlhitl-lhl!-Iil'!it-~rl;!~l-\;l~lte-ollhlr-\.'()got- er-ilY~I'Y"ilA!!;IH'Yll-liI\llll"M""'f1hYf>iuHII)-R!llmy~J.
IIr-lh~-lr~"'-UUI -tluwn-tu-gfH~hHllld4hot-'llln\fl-lrllllll:lU-wilh-6t-l.J.Ji...-...ItIt...intlllllllntld..p1'l1luuLiun
^~t!1lt'1-HJlpr""IIt'd .h\fPBiuid~t.I!.I;I""Il'''''!illlll-lrllt!IHJ)'l:-tlf'f'llillt.l~iioti-wilhill'lht:!-,illlolFim-llF 11ll!
pr~!i~l\tl}<-bl!--llp"P8WI:I-tHII!-4f-Hwti.jll1'lllQ;-i~tl~l-IRIltJ.~hlll-pl1)'sillal-~mtw"l nH~111
C"lIIISt!- murl!-danulgtt-lo-lIl~\lllfW.YegIlIHlioft..jR4ke-pFl:!!l\I!FY1!,-WkI!n-flruhlbillld.l!fi-OJ.tl:!-'o'l!gl!llillnn
irT1!ml.lYo!U:-bll~l-hHa~'''I~gIt18dlJfI-NltltlII15rt1w-btt1le-!iIl&I~~wd--wltk--lm-l.-I.sT
bll."..il.onmt!IM\-PA.IIt!e~len-Ag'HlC)"-6l'fJf'9oYt!d-kfiiekle-ilnd-a-yi1mll.l-(AleeH)'e-5hllll-Ql!-lt[lf'liltih
l~uliltrW-il-hllJ....the--in~Hk~~e-t"~I!-ilM'I'tWN-le-bl!--t-Fell~hw-l!-:-il=-i~is
l:l""'IFlllilWl:I-1I1111-p~IIBI-F"Wl9YftI.-tft~~""~tt-tk~~~IHI~A-iR-1111!
pr"li...ro,:t!,....-Wht!Il-1)r.l.lhibht!tl..t!"(~il!--\l~t!llllit-Hl-ir-flett16\-l!U;-blll-1III!- bl!.!l\o!-l.Ir. ~hl!-'it!gull!.lillll
rl!lII{!.im... Ih~.blt~hl!.ll...hl! -4r~h.!Ll.wllh-tm .LJ;S....{tllvll'lltlnll"null-tlfull!!.I1ilm-A~t!III.')-H~I)rtlYl!J
htll'~iciu,!-t!.IlIl-il->,oi!alKkl'Hth!Hl)o'tl-!lhllll-biH'l",p"~'IIHfflthlt!.tlM.~kttl~HIttpI"WIl!l\lutH.tll
&~~lii"-aHI-R1itliI1Hl1tt-;-aF-R10~1~)'-WkBA-f'6E)tlh'I!E1IG er;'l't!EtI I!I:> et.lnlfel-t!*,-tHk.'S;
KfUI-5hllll-dot!i6if'i9e-1i~ifte-!.otekfHEtUI!& Ie prJ !Kl-Httwa6iGn~~I'8kleil~e~j"""egt!lflliun-tJr
.hlHiil~-in-pI!Fptllltlr-:.. Till! ~ktll-5ka-l!-bl...'---Htlp~"I'iBF-I-&-lfle-lS5ttafll.~A7'.fjIlIl~1
U~wHHpttleHl-oFJo!",
6. J;.', ~il'hm~lealiBl\5 rBr I:lt."YtHeJlIH6ftl--eFd~MI~heFl~'9he....jfHl)F&YeIl-lentr.--i.Ih;-flI'
sgl1.oF-fSil-&RHfHI-~~5iHl-PSPr-iIlHI..fiFt!-8H"IH#t""'UUItt!1l~-Sllm!.!it!lll--prjl'f
lo-JtH:i~OO~~ttll'ed-te-ee""I~ . ilh Ik~ 1IfW-fe~IIlH9HS-il\-!leelion......3...9-.~S,6,
lte:klfllll!d-oll-:lIllW-+6-,...;mo;.
3.9.9. REOUIREMENT FOR UF.MOVAL OF PROHIBITED EXOTIC VF.(;F.TATION
3.9.Q.I..QFNEltAl.
~ Prohlbhed eKOlic vtmelalion removal and mClhods ofrelnoyol shDII be c:onductcd in
oc:c:orduncc willi the !>oedlic movis-ions of~Dch 10c.o.I dc,'eloomenl order
B. Native vcmCletion sholl be orolectcd durltu! the oracess ofremovinl! orohlbl(cd exalic
YCllcllllion in nccord willi lh~ "myls.I""!; ofSeclllln:J 9.8.1
C Prohibited I!xolie vCllcllllloll shall be removed l'roll1lhc rollowlol' loclllloll!; unu wilhln
.be followinl! Ilmcrramcs:
I From all rll!hls-of..wav commcn arca IraCls not oraooscd for deveioomcnt. and
easements orior (0 orelimlnarv acceofllncc or efIch ohase of the reQuiremenl subdivision
imorovemenls
2. From ellch chase ora she develoament olin orlor 10 the Issuance ofrhe cenlncolc of
m:cuooncv for thaI ohas!
] From alll!olfcourse I'hlrwllvs (Duehs end adlacent ODen SOllce/natural orescrve ar~s
Drlor 10 the issuance of a certificate of OCCUDoncv far the nrst oermhted slruclure
Dssacialed wUh the I!'olfcourse filelntv
4 From DmoertY orooas-Ioll: anv cnlBl'l!ement ofexlstinl! Inrerior nODr SOBee oavt:u
oarklne: area or sUbSlBnllllsite imDroYemllinl "riar 10 the Issuance ofa certificate of
OCClIcancV.
D. In ,he cl:lse or the disconlinuance of use or occuDolion or IDnd or WilIer or slruclurc for
n Deriod argo consecutive dovs or more DraDert\' ownen; sholl Drlnr 10 !>Uhsclluent \I!l\C urslIt:h
Il1ntl or \YDtllr or lilruclure conform 10 the rolmlullons :,;olldned bv Ihls SL:t'lioll.
Pagt: 141 of 174
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1A
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WInCH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 3, DIVISION 3.13, INCLUDING
REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
OBJECTIVE:
To amend the provisions of the Collier County Land Development Code (LDC) to serve the best
interest of the public.
CONSIDERATIONS:
This is the first of two public hearings required by Statute and the LDC for amendments to the
Collier County Land Development Code. This amendment was presented to, and reviewed by,
the Development Services Advisory Committee, the Enviromnental Advisory Committee, and
wilI be reviewed on February 19, 2004 by the Collier County Planning Commission,
Recommendations of each of these bodies are included in the summary description of the LDC
amendment along with any advisory body's proposed revisions to the staff recommended
changes. The Planning Commission will detennine consistency with the Comprehensive plan as
part ofits public hearing on February 19,2004. A summary of the review of this amendment by
these entities is provided with this Executive Summary on the first page of this document.
FISCAL IMPACT:
As noted on the amendment in the attached handout.
GROWTH MANAGEMENT IMPACT:
The proposed amendment to the Land Development Code is consistent with Policies, Objectives
and Elements of the GMP.
PLANNING SERVICES STAFF RECOMMENDATION:
AGENDA ITEM '.._-
No.
FEB 1 1 2C:~
Page 1 of2
Pg.
/
1A
That the Board of County Commissioners review the proposed amendment to the Land
Development Code and provide direction to staff as to any further amendments to the proposed
text.
PREPARED BY:
~CZ/~
RUSSELL WEBB, PRINCIPAL PLANNER
DEPARTMENT OF ZONING &
LAND DEVELOPMENT REVIEW
;;. -cf -0 t.{
DATE
REVIEWED BY:
,t/~~~
~USAN MURRAY, AICP, D CTOR
DEPARTMENT OF ZONING &
LAND DEVELOPMENT REVIEW
t:J..r- 0 f
DATE
APPROVED BY
J S H K. SCHMIIT, AD ISTRATOR
o Y DEVELOPMENT & ENVIRONMENTAL
VICES DMSION
'3(?t '7
DA
G:ICurrenllTEMPLA TESlExSum template draft, doc
AGENOA'TEM
No.
Page 2 of2
FEB 1 1 '2004
Pg. 2
1A
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
Board of County Commissioners/Land Development Code
AGENDA
February 11, 2004
5:05 p.Ol.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chair, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Chairman,District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISffiNG TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
1
February 11, 2004
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. PLEDGE OF ALLEGIANCE
2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA.
3. ADJOURN
2
February 11, 2004
1~
TAB A
TABB
TABC
TABD
TABE
TABF
TABG
TABH
TAB I
TABJ
TABK
TABL
TABM
TABN
T AUlS32626,S
TABLE OF CONTENTS
RFMU DISTRICT ...................................................................21
CONSERVATION DISTRICT ...............................................53
~SA DISTRICT ....................................................................59
· DESIGN STANDARDS ................................................ 67
· BASELINE STANDARDS ............................................ 96
N'RP A OVERLAY .................................................................104
NBM OVERLA y....................................................................107
ESSENTIAL SERVICES .....................................................114
COMMUNICATIONS TOWERS .......................................120
LITTORAL SHELF PLANTING AREA ...........................125
'IDRS ......................................................................................127
DENSITY BLENDING.........................................................136
EIS ........................................................................................140
VEGETATION REMOV AL, ETC......................................155
LISTED SPECIES PROTECTION.....................................202
ABBREVIATIONS & DEFINITIONS ...............................211
1A
4GENOA ITEM
No.
3
FEB I 12004
/'g. 3/
'1A
TAB A
2.2.2V,. RURAL FRINGE MIXED-USE DISTRICT (RFMU DlSTRICT)................25
2.2.2Y:z.l PURPOSE AND SCOPE.....u............................................................................25
A. ESTABLISHMENT OFRFMU ZONING OVERLAY DlSTRICT...25
B. EXEMPTONS ............................................................................................25
C. ORDINANCE SUPERCEDED...............................................................25
2.Z.2.~.2 RFMU RECEMNG LANDS..................................................................~......26
A. OUTSIDE RURAL VILLAGES.............................................................26
1. NBMO E.xE.MPTION ...................................................................26
.2. MAXIMUM DENSITY .................................................................26
a. BASE DENSITY ..............................................................26
b. ADDITIONAL DENSITY...............................................26
(1) TDRS ......................................................................26
(a) CLUSTERING REQUIRED...................26
(b) MINIMUM PROJECT SIZE..................26
(c) EMERGENCY PREPAREDNESS ........27
(2) ADDITIONAL DENSITY...................................27
3. ALLOWABLE USES..................................................................27
a. USES PERMITTED AS OF RIGHT .............................27
b. . ACCESSORY USES........................................................30
c. CONDITIONAL USES ...................................................31
4. DESIGN STANDARDS ...;..........................................................32
a. DEVELOPMENT NOT UTILIZING CLUSTERING.32
(1) MINIMUM LOT AREA......................................32
(2) MINIMUM LOT WIDTH...................................32
(3) MINIMUM YARD REQUIREMENTS.............32
b. CLUSTERED DEVELOPMENT ...................................32
(1) LOT AREAS AND WIDTHS .............................32
(a) SINGLE-FAMILY...................................32
(b) MULTI..FAMILY......................................32
(2) MINIMUM YARD REQUIREMENTS ............32
(8) SINGLE FAMILy................................ ..32 AGENDAITEM
No.
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TAU'S32626.S
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(b) MUL TI-FAMIL Y .....................................33
(3) HEIGHT LIMITATIONS...................................33
(a) PRINCIPAL STRUcrURES..................33
(b) ACCESSORY STRUCTURES ...............33
(4) MINIMUM FLOOR SPACE .............................33
(a) SINGLE-FAMILY...................................33
(b) MULTI..FAMILY.....................................33
c. P AR.Ja:NG...........................................................................33
d. LANI>SCAPING ...............................................................33
e. SiGNS.................................................................................33
5. NATIVE VEGETATION RETENTION ........................;...........33
6. USABLE OPEN SPACE ..............................................................33
B. RURAL VILLAGES................................................................................34
1. ALLOWABLE USES ..................................................................34
2. MIX OF NEIGHBORHOOD TYPES........................................35
a. ALLOCATION OF LAND USES ..................................36
b. ACREAGE LIMITATIONS...........................................36
3. DENSITY ....................nn...............................................................37
a. BASE DENSITY ..............................................................37
b. MINIMUM DENSITY.....................................................37
c. MAXIMUM DENSITY ...................................................37
4. OTHER DESIGN STANDARDS ................................................37
a. TRANSPORTATION SYSTEM DESIGN .....................37
b. LOCATIONAL RESTRICTIONS AND
STANDARDS ...................................................................38
c. SIZE LIMITATIONS......................................................38
d. ADDITIONAL VILLAGE DESIGN CRlTERIA.........38
S. NATIVE VEGETATION .............................................................41
6. GREENBELT................................................................................41
7. OPEN SPACE ...............................................................................41
8. PROCESS FOR APPROVAL OF A RURAL VILLAGE ........42
a. EIS .................................................................................... 2 AGEP<<>A ITEM
b.
DEMONSTRATION OF FISCAL NEUTRALITY... 42 No.
5 FEB 112CC~
PI. .-33
I
2.2.2Yo.3.
A.
~A
NEUTRAL LANDS ...................,.............................................................42
ALLOW ABLE USES ...................................................................~...........43
1. USES PERMIlTED AS OF RIGHT .........................................43
2. ACCESSORY USES.....................................................................45
3. CONDITIONAL USES ................................................................45
B. DENSITY ...................................................................................................46
1. MAXIMUM GROSS DENSITY.......................................................46
2. RESIDENTIAL CLUSTERING ......................................................46
C. DIMENSIONAL AND DESlGN STANDARDS...................................47
1. DEVELOPMENT THAT IS NOT CLUSTERED.....................47
a. MINIMUM LOT A.REA..................................................47
b. l\fiNIM'UM LOT WIDTH...............................................47
c. MINIMUM YARD REQUlREMENTS.........................47
2. DEVELOPMENT THAT IS CLUSTERED..............................47
a. MINIMUM LOT AREA..................................................47
b. MAXIMUM LOT AREA ................................................47
c. MINIMUM LOT MDTH...............................................47
d. MAXIMUM LOT WIDTH .............................................47
3.
4.
5.
6.
7.
NATIVE VEGETATION RETENTION...............................................47
HEIGHT LIMIT ATIONS...........................................................47
FLOOR AREA.........................................................~...................47
PARKING.....................................................................................47
LANDSCAPING ..........................................................................47
SIGNS.............................................................................................47
D.
E. USABLE OPEN SPACE ..........................................................................48
2.2.2~.4. RFl\fU SENDING LANDS...............................................................................48
A.
ALLOWABLE USES WHERE TDR CREDITS HAVE
NOT BEEN SEVERED ..............................................................................48
1.
2.
3. CONDITIONAL USES ...............................................................49
USES ALLOWED WHERE TDR CREDITS HAVE
BEEN SEVERED.................................................................................
B.
T AlJ/532626.5
USES PERMITTED AS OF RIGHT .........................................48
ACCESSORY USES....................................................................49
..49 AGENOAI~.
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1. USES PERMITTED AS OF RIGHT .........................................49
2. CONDITIONAL USES ...............................................................50
c. DENSITY .................n...............................................................................51
D. NATIVE VEGETATION RETENTION................................................51
E. OTHER DIMENSIONAL DESIGN STANDARDS..............................52
1. LOT AREA AND WIDTH...........................................................52
2. P ARKING.......................................................................................52
3. LANDSCAPING ...........................................................................52
4. SIGNS..............................................................................................52
TABB
2.2.17 CONSERVATION DISTRICT ..........................................................................54
2.2.17.1 PURPOSE AND INTENT ................................................................................54
2.2.17 .2 ALLOWABLE USES ........................................................................................55
A. USES PERMITTED AS OF RIGHT ......................................................55
B. USES ACCESSORY TO PERMITTED USES .....................................56
c. CONDITIONAL USES ............................................................................56
2.2.17.3 DESIGN CRITERIA ........................................................................................57
A. DIMENSIONAL STANDARDS..............................................................57
1. MINIMUM LOT AREA.................................................................57
2. MINIMlJM LOT WIDTH..............................................................S7
3. MINIMUM YARD REQUIREMENTS......................................S7
4. MAXIMUM HEIGHT.....................................................................57
B. MAXIMUM DENSITY AND INTENSITY ....................".....................57
1. SINGLE FAMILY DWELLINGS AND MOBILE HOMES ...57
2. FAMILY CARE FACILITIES....................................................58
3. GROUP CARE FACILITIES AND OTHER
HOUSING FACIJ.,ITIES ...............................................................58
4; SPORTING AND RECREATIONAL CAMPS.........................58
5. STAFF HOUSING .............................................................................58
C.
D.
OFF-STREET P ARJa:NG .........................................._....................................58
LANDSCAPING..........n.n.............n.........................................................
8 AGENDA'TEM
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E. SIGNS ...........................................................................................................58
TARe
2.2.27. RURAL LANDS STEWARDSHIP DIRECT OVERLAY DISTRICT DESIGN
STANDARDS ...........~...........n................................................n..............................67
2.2.27.2.DEFINITlONS .nn..............................................................................................67
2.2.27.1 O.SRA DESIGNATION .........................nn................................................................69
J. DESIGN CRITERIA ...............................................................................69
1. SRA. CHARACTERISTICS...........................................................68
Figures 1 &2 ................................................................................... 70
Figures 3&4 .................................................................................. 71
Figures 5&6 .................................................................................. 72
F1gures 7 &8 ................................................................................... 73
Figures 9&1 0 ................................................................................... 74
Figures 11 & 12 ................................................................................75
Figures 13&14 .............................................................................. 76
Figures 15&16 ................................................................................ 77
Figures 17 &18 ............................................................................... 78
2. TO\VN DESIGN CRITERIA......................................................79
a. GENERAL DESIGN CRITERIA .................................. 79
b. TRANSPORTATION NETWORK ...............................79
c. OPEN SPACE AND PARKS ..........................................80
d. CONTEXT ZONES ..........................................................80
(1) TOWN CORE ......................................................80
(2) TOWN CENTER.................................................84
(3) NEIGHBORHOOD GENERAL ........................85
(4) NEIGHBORHOOD EDGE.................................88
(5) SPECIAL DISTRICT ...........................................89
3. VILLAGE DESIGN CRITERIA................................................89
a. GENERAL CRITERIA...................................................89
b. TRANSPORTATION NETWORK ...............................90
c. PARKS ............................................................................ ...YO AGEJ<<)A.ITEM
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d. CONTEXT ZONES .........................................................90
(1) GENERAL.............................................................90
(2) VILLAGE CENTER CONTEXT ZONE ..........90
(3) NEIGHBORHOOD GENERAL ........................92
(4) NEIGHBORHOOD EDGE.................................92
(5) SPECIAL DISTRICT ..........................................92
4. HAMLET DESIGN CRITERIA ...............................................93
8. GENERAL........................................................................93
b. OPEN SPACES AND PARKS........................................93
c. CONTEXT ZONES .........................................................93
(I) NEIGHBORHOOD GENERAL........................93
(2) NEIGHBORHOOD EDGE ................................95
5. COMPACT RURAL DEVELOPMENT ...................................95
a. GENERAL........................................................................95
b. EXA.MPLE........................................................................96
2.2.27.11.BASELmE STANDARDS .............................................................................96
A. PURPOSE AND INTENT .......................................................................96
B. APPLICABILITY OF CODE.................................................................96
C. ALLOWABLE USES ...............................................................................96
D. STANDARDS APPLICABLE INSIDE THE ACSC ............................97
E. STANDARDS APPLICABLE OUTSIDE THE ACSC........................97
F. GOLF COURSE STANDARDS .............................................................99
G. STANDARDS APPLICABLE IN FSAS, HSAS, AND WRAS
THAT ARE OUTSIDE OF THE ACSC..............................................I01
H. STANDARDS APPLICABLE TO WETLANDS LOCATED
OUTSIDE FSAS, HSAS, WRAS, AND THE ACSC .........................101
TABD
2.2.30 NRPA OVERLAY ..............................................................................................105
2.2.30.1 PURPOSE AND INTENT ...............................................................................105
A. NRPA OVERLAY AREAS....................................................................I05
B. NRPA DESIGNATED AS SENDING LANDS WITHIN THE
RFMU DISTRICT ................................................................................
AGENDA ntM
C. DEVELOPMENT STANDARDS ....................................................... 105No,
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2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) .......................110
2.2.31.1 PURPOSE AND INTENT ...............................................................................110
2.2.31.2 ESTABLISHMENT OF NORTH BELLE MEADING
ZONING OVERLAy.........................................................................................110
2.2.31.3 APPLICABILITY ............................................................................................110
2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS..................I10
A. TRAN"SPORT A TION ............................................................................110
B. BUFFERING...........................................................................................111
c. GREENWAY ...........................................................................................111
2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS........................................l11
A. RECEIVING LAN"DS..............................................................................111
B. NEUTRAL LANDS ......................................................................................113
2.6.9
2.6.9.1.
A.
TAlAS32626.5
TABF
ESSENTIAL SERVICES....................................................................................115
PERMITTED ESSENTIAL SERVlCES....................................................116
B.
PERMITIED ESSENTIAL SERVICES IN ALL
DISTRICTS EXCEPT CON DISTRICTS, RFMU
SENDING LANDS, NRPAS, HSAS, AND FSAS ...............................116
PERMITTED ESSENTIAL SERVICES IN CON
DISTRICTS, RFMU SENDING LANDS, NRP AS, HSAS,
AND RSAS....................................................................................................116
C. ADDITIONAL PERMITTED ESSENTIAL SERVICES
IN COMMERCIAL AND INDUSTRIALLY ZONED
DISTRICTS ....................................................................................................117
D.
ADDITIONAL PERMITTED ESSENTIAL SERVICES IN
AGRICULTURAL AND ESTATE ZONED DISTRICTS .................117
ADDITIONAL PERMITTED ESSENTIAL SERVICES IN
AGRICULTURAL ZONED DISTRICTS..........................................
ADDITIONAL PERMITTED ESSENTIAL SERVICES IN ~1Ta4
RESIDENTIALLY ZONED DISTRICTS ......................................... 117
FEB I 12004
pc. 3%
E.
F.
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2.6.9..2 CONDITIONAL USES...............n.~u.........n...n.................................................117
A. CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING
DISTRICTS EXCEPT RFMU SENDING LANDS,
CON DISTRICTS, NRPAS, HSAS, AND FSAS.................................117
B. CONDITIONAL ESSENTIAL SERVICES IN RFMU
SENDING LANDS, NRPAS, CON DISTRICTS, AND RLSA
DESIGNATED HSAS, AND FSAS ......................................................118
C. ADDITIONAL CONDITIONAL ESSENTIAL USES IN
RESIDENTIAL AND ESTATE ZONED DISTRICTS
AND RFMU RECEIVING AND NEUTRAL LANDS.......................118
2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF
STRUCTURES ..............................................nn.................................................118
TABG
2.6.35 COMMUNICATIONS.TOWERS.....................................................................121
2.6.35.1 PURPOS:E AND INTENT ...............................................................................121
2.6.35.2 THROUGH 2.6.35.5.8. NO CHANGE. ..........................................................122
2.6.35.5.9 MIGRATORY BIRDS AND OTHER WILDLIFE
CONSIDERATIONS .........................................................................................122
A. GROUND MOUNTED TOWERS........................................................122
B. BIRD DIVERTER DEVICES ...............................................................122
c. HABITAT LOSS.....................................................................................122
T ALJlS32626.S
D. SECURITY LIGHTING........................................................................ 122
2.6.35.6.12 THROUGH 2.6.35.11. NO CHANGE. ....;................................................122
2.6.35.6.12. TOWER LIGHTING................................................................................122
A. TOWERS AND ANTENNAS EXCEEDING 150 FEET....................122
B. NEW TOWERS EXCEEDING 199 FEET..........................................122
2.6.35.6.13 THROUGH 2.6.35.7. NO CHANGE........................................................123
2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE............................123
2.6.35.8.1. CO-LOCATED FACILITIES ...................................................................123
2.6.35.8.2. NEW TOWERS OR ANTENNAS ............................................................123
2.6.35.8.3. SUFFICIENCY NOTICE ..........................................................................
AGalDA ITEM
2.6.35.8.4 DEFAUL T APPROVAL ............................................................................ 124No,
2.6.35.8.5 W AIVER...................................................................................................... 124 .
FEB I '2004
Pg. 3 <}
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3.5.11 LITIORAL SIIELF PLANTING AREA.........................................................IZ.6
TAB I
i.6.39. TRANSFER OF DEVELOPMENT RIGHTS...................................................128
2.6.39.1 PURPOSE, INTENT, AND APPLICABILITY ............................................128
A. PURPOSE...............................................................................................128
. B. INTENT ..................................................................................................128
c. APPLICABILITY ..................................................................................128
2.6.39.2 TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN
AREAS TO URBAN AREAS ...........................................................................129
2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS:
GENERAL PROVISIONS................................................................................132
2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU
SENDING LANDS TO NON-RFMU RECEMNG AREAS ........................132
A. TRAN"SFERS TO URBAN AREAS .....................................................132
B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE .............133
2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU
RECEIVING LANl>S ........................................................................................133
2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR
CREDITS FROM RFMU SENDING LANDS................................................133
A. GENERAL..........................................................n..n..............................133
B. COUNTY MAINTAINED CENTRAL TDR REGISTRY.................134
2.6.39.7 PROPORTIONAL UTILIZATION OF TDR CREDITS ............................135
TABJ
2.6.40 DENSITY BLENDING ......................................................................................137
2.6.40.1 PURPOSE...................................................n....................................................137
2.6.40.2 CONDITIONS AND LIMITATIONS ...........................................................137
A. PROPERTIES STRADDLING RFMU RECEIVING
OR NEUTRAL LANDS .........................................................................137
B. PROPERTIES STRADDLING RFMU SENDING LANDS ..............138
C. PROPERTIES STRADDLING THE IMMOKALEE URBAN AGEtIlAn'EM
AREA AND THE RLSA DISTRICT.................................................... 39
No.
T AU<S32626.S
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FEB 1 1- 2004
Pg. ?I' ()
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TABK
DIVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (EIS)*.................141
3.8.1 THROUCH 3.1!.3.4 NO CHAN{:E .....................................................................111
3.8.3 APPLICABILITY; EIS REQUIRED .................................................................142
3.8.4 SUBMISSION AND REVIEW OF EIS ..............................................................143
3.8.5 INFORMATION REQUIRED FOR APPLICATION ...................................143
3.8.5.1 APPLICANT INFORMATION ......................................................................147
3.8.5.2 MAPPING AND SUPPORT GRAPHICS......................................................148
3.8.5.3 PROJECT DESCRIPTION AND CONSISTENCY
DETERMINATION ...........................................................................................148
3.8.5.4 NATIVE VEGETATION PRESERVATION ................................................149
3.8.5.5 WETLANDS......................................................................................................149
3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT..............................151
3.8.5.7 LISTED SPECIES ..............................................................................................lS1
3.8.5.8 OTHER ..............................................................................................................152
3.8.6 ADDITIONAL DA TA .........................................................................................152
3.8.7 RELATION BETWEEN EIS AND DRI..........................................................152
3.8.8 EXEMPTIONS......................................................................................................152
3.8.8.1 SINGLE FAMILY OR DUPLEX USES.........................................................152
3.8.8.2 AGRICULTURAL USES.................................................................................151
3.8.8.3 NON-SENSITIVE AREAS ...............................................................................153
3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES.........................153
3.8.8.5 NBMO RECEIVING LANDS...........................................................................153
3.8.9 FEES ....................................................................................................................153
3.8.10 APPEALS ...........................................................................................................153
TABL
VEGETATION REMOVAL, PROTECTION AND PRESERVATION .....159
3.9.
3.9.1
3.9.2
3.9.3
TITLE AND CITATION ..................................................................................159
AGENDA ITEM
APPLICABILITY ........................................................................................... .16~
PURPOSE ........................................................................................................
I
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3.9.3.1 EXEMPTIONS AND EXCEPTIONS..............................................................160
A. NBMO EXEMPTION ............................................................................160
B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION ................160
C. AGRICULTURAL EXEMPTION........................................................160
D. PRE-EXISTING USES ..........................................................................160
E. EXEMPT MANGROVE ALTERATION PROJECTS ......................161
3.9.4. VEGET ATION PRESERVATION STANDARDS ..........................................163
3.9.4.1 GENERAL STANDARDS AND CRITERIA..................................................163
3.9.4.2 SPECIFIC STANDARDS APPLICABLE OUTSIDE mE RFMU
AND RLSA DISTRICTS...................................................................................164
A. REQUIRED PRESERVATION ...........................................................165
B. EXCEPTIONS..........................................................................................165
3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT ...........................;.166
A. RFMU RECEIVING LANDS OUTSIDE OF THE NBMO ..............166
B. NEUTRAL LANDS .............................................nn...............................166
c. RFMU SENDING LAN"DS....................................................................166
D. GENERAL EXCEPTIONS...................................................................167
1. NONCONFORMING, PRE-EXISTIN7
PARCELS ...................................................................................167
2. SPECIFIC COUNTY-OWNED LAND ...................................167
3. DISCRETIONARY EXCEPTION FOR ESSENTIAL
PUBLIC SERVICES .................................................................167
3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT ........................................167
3.9.4.5 DENSITY BONUS INCENTIVES ...................................................................167
3.9.5 WETLAND PRESERVATION AND CONSERVATION.............................168
3.9.5.1 PURPOSE...........................................................................................................168
3.9.S.2 URBAN LANDS .................................................................................................168
3.9.5.3 RFMU DISTRICT .............................................................................................168
A. STANDARDS ......................................................................................... 167
B. MITIGA nON ........................................................................................170
1. MITIGATION REQUIREMENTS ..........................................170
2. MITIGATION INCENTIVES..................................................
AGEhtlAI
3.9.5.4 ESTATES, RURAL -SETTLEMENT AREAS, AND ACSC....................... 70 No.
TALIIS32626.5
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3.9.5.5 RLSA DISTRICT ...............................................................................................171
3.9.5.6 SUBMERGED MARINE HABITATS ............................................................171
3.9.6 NATURAL RESERVATION PROTECTION AND
CONSERVATION ................................................................................................171
3.9.6.1 PURPOSE AND APPLICABILITY ................................................................171
3.9.6.2 REVIEW PROCESS .........................................................................................171
3.9.6.3 RFMU DISTRICT REQUIREMENTS ...........................................................171
A. OPEN SPACE ........................................................................................171
B. OPEN SPACE AS BUFFERS...............................................................172
C. CONTIGUOUS NATIVE VEGETATION .........................................172
D. WILDLIFE CORRIDORS....................................................................172
3.9.7 PRESERVE STANDARDS ...............................................................................172
3.9.7.1 DESIGN STANDARDS .....................................................................................172
A. IDENTIFICATION ................................................................................172
B. MINIMUM DIMENSIONS ...................................................................173
C. PROTECTION OF WETLAND HYDRO PERIODS .........................173
D. PROTECTIVE COVENANTS..............................................................173
E. CREATED PRESERVES ......................................................................173
1. APPLICABILITY .......................................................................173
2. REQUIRED PLANTING CRlTERlA......................................174
F. ALLOW ABLE SUPPLEMENTAL PLANTINGS..............................175
G. PRESERVE MANAGEMENT PLANS................................................175
1. GENERAL MAINTENANCE ...................................................175
2. EXOTIC VEGETATION REMOVAL, NON-NATIVE
VEGETATION, AND NUISANCE OF INVASIVE
PLANT CONTROL....................................................................175
3. DESIGNATION OF A PRESERVE MANAGER...................175
4. WILDLIFE HABITAT MANAGEMENT ...............................176
5. PROTECTION DURING CONSTRUCTION AND
SIGNAGE AFTER CONSTRUCTION................................... 176
H. ALLOWABLE USES WITHIN PRESERVE AREAS .......................176
3.9.7.2 INSPECTIONS AND MAINTENANCE .........................................................1
3.9.7.3 REQUIRED SETBACKS TO PRESERVES...................................................l
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3.9.7.4 EXEMPTIONS........................_.........................................._............................177
3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS..............I77
3.9.8.1 VEGETATION PROTECTION STANDARDS .............................................177
A. GENERAL.................................................................................................177
B. FILLING AND CONSTRUCTION DEBRIS ......................................177
C. A ITACHMENTS...................................................................................177
D. EXCA V ATION..........................................................................................177
E. PROTECTIVE BARRIERS & SIGNAGE ..........................................178
1. INSTALLATION OF PROTECTIVE BARRIERS
ANI> SIGNAGE ..........................................................................178
2. APPLICANT'S REPRESENTATIVE REQUIRED ...............178
3.9.8.2. CRITERIA FOR REMOVAL AND/OR REPLACEMENT OF
PROTECTED VEGETATION.........................................................................178
A. STANDARDS ...................................:......................................................178
B. VEGETATION RELOCATION PLAN ..............................................180
C. LANDSCAPE PLANT REMOVAL OR REPLACEMENT..............180
3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS..............................................180
A. MANAGEMENT PLAN REQUIRED..................................................180
B. ON..SITE INSPECTIONS ......................................................................181
3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC
'\'EGET A TION ....................................................................................................185
3.9.9.1.GENERAL..........................................................................................................185
3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN ......................................186
3.9.9.3.APPLlCABILITY TO NEW STRUCTURES AND TO ADDITIONS
ON SINGLE-FAMILY AND TWO-FAMILY LOTS ....................................186
3.9.10. REQUIRED PERMITS AND NOTICES ........................................................186
3.9.10.1. VEGETATION REMOVAL PERMIT ........................................................186
A. OTHER PERMITS RE-QUIRED..........................................................186
B. APPLICATION CONTENTS...............................................................186
c. REVIEW PROCEDURES ....................................................................188
1.
2.
3.
ISSUANCE OF PERMlT..........................................................188
DENIAL OF PERl\1lT ..............................................................1
AGDIlA ITEM
PERMIT FEES........................................................................... 8 NIl.
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D. VEGETATION REMOVAL PERMIT EXCEPTIONS .....................188
3.9.10.2.AGRICULTURAL LAND CLEARlNG........................................................190
A. LAND CLEARING PERMIT ...............................................................190
1. APPLICA TION............................................................................190
2. DETERMINATION OF COMPLETENESS...........................192
3. CRITERIA FOR REVIEW OF APPLICATION....................192
4. ISSUANCE OF PERMIT...........................................................193
5. RENEWAL OF AGRICULTURAL
CLEARIN"G PERJ\.IIT ................................................................193
6. EXEMPTIONS FOR AGRICULTURAL CLEARING
PERl\1IT ......................................................................................193
B. LAND CLEARING NOTICE................................................................194
3.9.11. ENFORCEMENT 196
3.9.11.1l;'ENALITIES ...................................................................................................196
A.. FINES ......................................................................................................196
B. RESTORATION STANDARDS ..........................................................197
3.9.11.2 CORRECTIVE MEASURES FOR ENVIRONMENTAL
VIOLATIONS ....................................................................................................198
A. MITIGATION .........................................................................................198
B. REQUIREMENTS FOR A MITIGATION PLAN.............................199
C. SITE-SPECIFIC REVIEW CRITERIA..............................................199
D. COUNTY REVIEW OF MITIGATION PLAN .................................200
E. MONITORING AND REPLANTING.................................................200
F. DONATION OF LAND OR FUNDS ...................................................201
3.9.12 APPEAL OF ENFORCEMENT ......................................................................201
3.9.13 SUSPENSION OF PERMIT REQUIREMENT .............................................201
TABM
DMSION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES
PROTECTION.............................................................................................................203
3.11.1 GENERAL...........................................................................................................203
3.11.1.1 TITLE AND CITATION ............................................................................... AGENOAIl'EM
3.11.1.2 PURPOSE........................................................................................................ 04 No.
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3.11.1.3 APPLICABILITY AND EXEMPTIONS.....................................................204
A. GENERAL APPLICABILITY..............................................................204
B. EXEMPTIONS ..................n..................................................,..................203
3.11.2 EIS AND MANAGEMENT PLANS.................................................................204
3.11.2.1 EXEMYrION ....................................................................................................204
3.11.2.2 EIS .....................................................................................................................204
3.11.2.3 MANAGEMENT PLANS ................................................................................204
A. GENERAL REQUIREMENTS.............................................................20S
B. REFERENCES.......................................................................................205
3.11.3 PROTECTIVE MEASURES.............................................................................205
3.11.3.1 GENERAL.......................................................................................................205
3.11.3.2 SPECIES SPECIFIC REQUIREMENTS ....................................................206
A. GOPHER TORTOISE...........................................................................206
B. FLORIDA SCRUB JAY .........................................................................208
C. BALD EAGLE ........................................................................................209
D. RED-COCKADED WOODPECKER ..................................................209
E. FLORIDA BLACK BEAR ....................................................................209
F. P ANTHER...............................................................................................209
G. WEST INDIAN" MANATEE..................................................................209
H. LOGGERHEAD AND OTHER LISTED SEA TURTLES................209
3.11.3 PENAL TIES ........................................................................................................209
TABN
6.2 ABBREVIATIONS ............................................................................................212
EIS ....................................................................................................................................212
NBMO ...............................................................................................................................212
NRP A ..............................................................................................................................212
RFMU...............................................................................................................................212
RLSA...............................................................................................................................212
TDR .................................................................................................................................212
6.3 DEFINITIONS ...................................................................................................212
ADVERSE IMPACTS .................................................................................................. 212 AGE)I)A ITEM
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BONUS CREDIT ...........................................................................................................213
CIVIC AND INSTITUTIONAL BUILDINGS ...........................................................213
CLUSTER DEVELOPMENT ......................................................................................213
CON DISTRICT ............................................................................................................214
DENSITY BLENDING ...........................................................nn..................................214
DEVELOPMENT AND PRODUCTION, OIL AND GAS F1ELD...........................214
ENVIRONMENTAL IMPACT ST ATEMENT..........................................................214
ESSENTIAL SERVICES ...............................................................................................214
EXPLORATION, OIL AND GAS................................................................................21S
Fl.,OWW A y......................................................................................................................215
GREENBELT ..................................................................................................................215
HOUSING, AFFORDABLE .........................................................................................215
HOUSING, WORKFORCE..........................................................................................216
NATIVE VEGETATION ..............................................................................................216
NATURAL RESERVATION .......................................................................................216
NATURAL W ATERBODY ..........................................................................................216
NEIGHBORHOOD CENTER......................................................................................217
NEUTRAL LAN'DS .......................................................................................................217
NBMO .............................................................................................................................217
OIL EXTRACTION AND RELATED PROCESSING .............................................217
OPEN SPACE ................................................................................................................217
OPEN SPACE, C0l\fl\10N ...........................................................................................218
OPEN SPACE, USABLE ...............................................................................................218
P ATHW A y.....................................................................................................................218
RFMU DISTRICT ...........................................................................................................218
RFMU RECEIVING LANDS.........................~.............................................................218
RJ?MU SENDING LANDS.............................................................................................218
RURAL VILLAGE ...................................................~....................................................219
TDR CREDIT.................................................................................................................219
T AL#S32626.5
TRANSFER OF DEVELOPMENT RIGHTS ............................................................219
VEGETATION, CATEGORY I INY ASlVE EXOTIC .............................................219
VEGETATION, CATEGORY n INVASIVE EXOTIC.......................................... AOENlA ITEM
VEGETATION, EXOTiC........................................................................................... 219Na.
19 FEB 1 ! 28:4 J
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VEGETATION, NATIVE.......................................................nnn....................................220
VEGETATION, NATURALIZED...............................................................................220
VEGETATION, PROHIBITED EXOTIC ....................................................................220
VILLAGE CENTER ......................................................................................................220
WETLAN"DS......................................................................................................................220
WETLAND FUNCTION................................................................................................220
"GEN>" ITEM
No.
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3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION
3.9.1 TITLE AND CITATION
3.9.2 PURPOSE
3.9.3 APPLICABILITY
3.9.3.1 EXEMPTIONS AND EXCEPTIONS
A. NBMO EXEMPTION
B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION
C. AGRICULTURAL EXEMPTION
D. PRE-EXISTING USES
E. EXEMPT MANGROVE ALTERATION PROJECTS
3.9.4. VEGETATION PRESERVATION STANDARDS
3.9.4.1 GENERAL STANDARDS AND CRITERIA
3.9.4.2 SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND RLSA
DISTRICTS
A. REQIDREDPRESERVATION
B. EXCEPTIONS
3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT
A. RFMU RECEIVING LANDS OUTSIDE THE NBMO
B. NEUTRAL LANDS
C. RFMU SENDING LANDS
E. EXCEPTIONS
1. NONCONFORMING, PRE-EXISTING
PARCELS
SPECIFIC COUNTY-OWNED LAND
DISCRETIONARY EXCEPTION FOR ESSENTIAL
PUBLIC SERVICES
3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT
3.9.4.5 DENSITY BONUS INCENTNES
3.9.5 WETLAND PRESERVATION AND CONSERVATION
3.9.5.1 PURPOSE
3.9.5.2 URBAN LANDS
3.9.5.3 RFMU DISTRICT
A. STANDARDS
2.
3.
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B. MITIGATION
1. MITIGATION REQUIREMENTS
2. MITIGATION INCENTNES
3.9.5.4 ESTATES, RURAL-SETILEMENT AREAS, AND ACSC
3.9.5.5 RLSA DISTRICT
3.9.5.6 SUBMERGED MARINE HABITATS
3.9.6 NATURAL RESERVATION PROTECTION AND
CONSERVATION
3.9.6.1 PURPOSE AND APPLICABILITY
3.9.6.2 REVlEW PROCESS
3.9.6.3 RFMU DISTRICT REQUIREMENTS
A. OPEN SPACE
B. OPEN SPACE AS BUFFERS
C. CONTIGUOUS NATNE VEGETATION
D. WILDLIFE CORRIDORS
3.9.7 PRESERVE STANDARDS
3.9.7.1 DESIGN STANDARDS
A. IDENTIFICATION
B. MINIMUM DIMENSIONS
C. PROTECTION OF WETLAND HYDROPERIODS
D. PROTECTNE COVENANTS
E. CREATED PRESERVES
1. APPLICABILITY
2. REQUIRED PLANTING CRITERIA
F. ALLOWABLE SUPPLEMENTAL PLANTINGS
G. PRESERVE MANAGEMENT PLANS
1. GENERAL MAINTENANCE
2. EXOTICVEGETATIONREMOVA,NON-NATNE
VEGETATION AND NUISANCE OR INV ASNE PLANT
CONTROL
3. DESIGNATION OF A PRESERVE MANAGER
4. WILDLIFE HABITAT MANAGEMENT
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PROTECTION DURlNG CONSTRUCTION AND SIGNAGE
AFfER CONSTRUCTION
H. ALLOW ABLE USES WITHIN PRESERVE AREAS
3.9.7 .2 INSPECTIONS AND MAINTENANCE
3.9.7.3 REQUIRED SETBACKS TO PRESERVES
3.9.7.4 EXEMPTIONS
3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS
3.9.8.1 VEGETATION PROTECTION STANDARDS
A. GENERAL
B. FILLING AND CONSTRUCTION DEBRIS
C. ATTACHMENTS
D. EXCAVATION
E. PROTECTNE BARRIERS
1. INSTALLATION OF PROTECTIVE BARRIERS
2. APPLICANT'S REPRESENTATIVE REQUIRED
3.9.8.2. CRITERIA FOR REMOVAL AND/OR PLACEMENT OF
PROTECTED VEGETATION
A. STANDARDS
B. VEGETATION RELOCATION PLAN
C. LANDSCAPE PLANT REMOVAL OR REPLACEMENT
3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS
A. MANAGEMENT PLAN REQUIRED
B. ON-SITE INSPECTIONS
3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION
3.9.9.1.G~~
3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN
3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS TO
SINGLE-FAMILY AND TWO-FAMILY LOTS
3.9.10. REQUIRED PERMITS AND NOTICES
3.9.10.1. VEGETATION REMOVAL PERMIT
A. OTHER PERMITS REQUIRED
B. APPLICATION CONTENTS
C. REVIEW PROCEDURES
5.
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Pi. 1ft.
1. ISSUANCE OF PERMIT
2. DENIAL OF PERMIT
3. PERMIT FEES
D. VEGETATION REMOVAL PERMIT EXCEPTIONS
3.9.10.2.AGRICULTURAL LAND CLEARING
A. LAND CLEARING PERMIT
1. APPLICATION
2. DETERMINATION OF COMPLETENESS
3. CRITERIA FOR REVIEW OF APPLICATION
4. ISSUANCE OF PERMIT
5. RENEWAL OF AGRICULTURAL CLEARING PERMIT .
6. EXEMPTIONS FOR AGRICULTURAL CLEARING PERMIT
B. LAND CLEARING NOTICE
3.9.11. ENFORCEMENT
3.9.11.1 PENALTIES
A. FINES
B. RESTORATION STANDARDS
3.9.11.2 CORRECTNE MEASURES FOR ENVllWNMENT AL VIOLATIONS
A. MITIGATION
B. REQUIREMENTS FOR A MITIGATION PLAN
C. SITE-SPECIFIC REVIEW CRITERIA
D. COUNTY REVIEW OF MITIGATION PLAN
E. MONITORING AND REPLANTING
F. DONATION OF LAND OR FUNDS
3.9.12 APPEAL OF ENFORCEMENT
3.9.13 SUSPENSION OF PERMIT REQUIREMENT
'1~
3.9.1. TITLE AND CITATION. This division shall be known and maybe cited as the
"Collier County Vegetation Removal, Protection and Preservation Regulations."
3.9.2. PURPOSE. The purpose of this division is the protection of vegetation within
Collier County by regulating its removal; to assist in the control of flooding, soil
erosion, dust, heat, air pollution and noise and to maintain property, aesthetic and
health values within Collier County; to limit the use of irrigation water in op
areas by promoting the preservation of existing plant communities. To I it e
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removal of existing viable vegetation in advance of the approval of land development
plans; to limit the removal of existing viable vegetation when no landscape plan has
been prepared for the site. It is not the intent of this division to restrict the mowing of
nonprotected vegetation in order to meet the requirements of other sections of this
Code.
3.9.3. APPLICABILITY. It shall be unlawful for any individual. firm, association, joint
venture, partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of
federal, state, county or municipal government to remove, or otherwise destroy,
vegetation, which includes placing of additional fill, without first o~taining a
vegetation removal or vegetation removal and fill permit from the development
services director except as hereinafter exempted.
3.9.3.1. EXEMPTIONS AND EXCEPTIONS.
A. NBMO EXEMPTION. Develooment in NBMO Receivimz Lands are exemot
from the provisions of this Division.
1!. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION. BlEss!!t that i!n
accordance with F.S. 9 581.187, vegetation removal permits shall not be required
for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of
Florida Indians, subject to the following conditions. Said permit exemption shall
be for the sole purpose of harvesting select vegetation, including but not limited to
palm fronds and cypress, for use in chickee hut construction, or for cultural or
religious purposes, and tribal member identification and written permission from
the property owner must be in possession at the time of vegetation removal. This
exemption shall not apply to genera1land clearing, or to agricultural land clearing,
including silviculture.
C. AGRICULTURAL EXEMPTION. Agricultural ooerations that fall within the
scooe of sections 163.3162(4) and 823.14(6), Florida Statutes. are exemot from
the orovisions of 3.9.3 throu2h 3.9.9. orovided that anv new clearinl! of land for
agriculture outside of the RLSA District shall not be converted to non-amcultural
develooment for 25 vears. unless the aoolicable orovisions set forth in Sections
3.9.4.. throu2h and 3.9.6. are adhered to at the time of the conversion. The
oercental!e of native vegetation oreserved shall be calculated on the amount of
vel!etation occurring at the time of the agricultural clearinl!. and if found to be
deficient. a native olant communitv shall be restored to re-create a native olant
communitv in all three strata (ground covers. shrubs and trees). utilizinl! larl!er
olant materials so as to more auicklv re-create the lost mature vegetation.
D. PRE-EXISTING USES. Exemptions from the reauirements of Section 3.9.5
throul!h 3.9.9 shall not aPDlv to. affect or limit the continuation of uses within the
RFMUD which existed existing orior to June 19. 2002.
1. Such existinl! uses shall include: those uses for which all reouired permits
were issued prior to June 19 2002: or proiects for which a Conditional use or
Rezone petition has been aoproved bv the County prior to June 19. 2002: or.
land use etitions for which a com leted a lication hlis been submitted 4GEHOAIttM
which have been determined to be vested from the re uirements of the F al No.
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Order orior to June 19.2002. The continuation of existing uses shall include
exoansions of those uses if such exoansions are consistent with or clearlv
ancillary to the existing uses.
2. Such oreviouslv aooroved develooments shall be deemed to be consistent with
the GMP Goals. Policies and Obiectives for the RFMU District. and they may
be built out in accordance with their oreviouslv aooroved olans. Changes to
these orevious aool"Ovals shall also be deemed to be consistent with the GMP
Goals. Obiectives and Policies for the RFMU District as long as they do not
result in an increase in develooment density or intensity.
E. EXEMPT MANGROVE ALTERATION PROJECTS.. ManlZrove alteration
oroiects that are exemoted from Florida Deoartment of Environmental Protection
oennit reauirements bv Florida Administrative Code 17-321.060 are exemot from
oreservation standards for the manlZrOve trees. unless they are a Dart of a oreserve.
This exemi>tion shall not anolv to manl!rOve alterations or remoyal in any oreserve
or inanv area where the manl!TOves have been retained in satisfaction of Section
3.9.4. The Collier County Environmental Advisory Council CEAC) may lZrant a
variance to the orevisions of this section if comoliance with the manlZrove tree
oreservation standards of this Division would imoose a unioue and unnecessary
hardshiD on the owner or any other oerson in control of affected oroDertv.
ManlZrOye trimming or removal for a view shall not be considered a hardshio.
Relief shall be granted onlv uoon demonstration bv the landowner or affected
DartY that such hardshiD is Deculiar to the affected oroDertv and not self-imDosed.
and that the grant of a variance will be consistent with the intent of this division
and the lZrOwth management olano
See. 3.9.1. Allplieatiea reEjuiremsnts.
3.9.4.1. Other j18fflfilB T'eqwir<eli. }Ie vegslllaea reBle',al JlsHllit shall BS isollea BY tile
pla:rl:ftiRg ser.,"iees direeter l:lRtil allapplieal:Jle f<8aera:I ana state, ana ea1:H1~Y Bp13Rlva!s
6G desiguateEl 8)' the ae'leIs13ffie&t sen'iess Wfeetar Rll-VB l:Jeea 8etaine!!. These
appre.ntis Ifl&)" inehuie, eat are Bet limitea t8:
Builaiag JleffllilB. (BlleBj'l1 in aeeemillllee 'l,itil seelien 3.2.8.3.6. efthis Ceels.)
Spesial treallBsRt (8T) elevelapBleRt !ls_iIG.
U.S. ~^nHY COtPs efBflg~Beers psFfaita SF 81(8ft1ptisBS.
Plenela DBj'lartmeRt efBnvireflfllsalal Preleslisa !lSffilits ar 8l(8fII13tiaas.
U.S. FiSH BRa Wilellife Ssrvise jl8fH1ilB af 8)[emplielBs.
FJeriaa FisR ana 'Vilali:fe Cef:lS8F:atiea Cemmissiea peRnits Sf eJCelT.l:ptiell5.
Ssuth Flanaa Water MBflagsmeBt Diamet !lllffilits ar el[BHlptiens.
Ot:lter applie~le agaRS)" reyie~.Yli Sf p Ll..Uits Sf e1(8ffi11aSFl&.
Olaer SSlInty lljlJlrsvals.
AGENDA ITEM
No.
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3.9.1.2. "~J1J5li8BH81f 8811tS:l!8. &A...pplieatiea fer Q ~:egetatieR rems":e1 pSaBit shall he
sa13au"-ea te ate ~e~:eleJ!HleRt eardees streeter ia ':.~tiRg 88. a reM pfa\"iElee. 8)' ills
aevelepmeat BeF","leeS 8Sj9aRmBat.
The apllliealieR shall iReluEle tlie fellewiRg iRfeRRatiell!
3.9.1.2.1. A g9R9ffllizea ":egetatieB ia,teBterr 1~.'hiek iHeku:les:
1. GB1t&.~Hs~ ..:egetfllis~ i,"n'8iflspY. ..A.. gefiepali~eel ?egetatieB ia".!sB:tsF)" saaR B8e":1
tke ap19FE1KIHlate leeattsa me eJ[teflt af '"leget$S8 \lPSR .8 site. The itt.:eR.te~'
shall Be ~ase~ llP0R the mest S1iff8Rt aw/ailahle iRfaPRlaaea. Far flBI1F8SiaeHaal
&BEl m-ulttfmmly de":ele}Jmeat, the itY.!eBteF)' may JJ8 La tRe feHfl sf an &eeal er a
fiel~ 8\ir:ey. and RUt)' B~ aeesmpameel ~r pketsgFapks eF ..ideempes illll&tt=aHng
typleaJ 8f~as ~f '\'/,egetatlea .referenseEl t9 pesitisFl8 8e tfle &eFia! 91" sYrVsr, inK
shall ele~y lREheate kalutat types met pFsteeteel "/egetetiea., Emil mar ae
~6em~&niea BY fJhetegrE!fl~B. SF -;ieleetapes ilhlsR=atiag typieal lH'saa sf
.:.egeta~eR ,r~fereaees te peslf:.iaBB 8ft. 'the aerial Sf sar-..ey, The gsaef9iizeli
. egetatle~ l:a,;~Rte1?' saall he prepared lB same Hi8l1lieF v:fiiek ele&fly illastFates
~e relatlaIlBlups eet\-:eeB the areas sf ,'egetatisB. aIlB the pFSI'Sssel site
lRlflps"IBRleBts.
~.1f.eraJi~ed H'l'itten fI338SM1Ia:at B1fti 8l's.l",aJislf. The geaeraliEeel 7egetatleB
ID', eBts~ . shall .13e aeesmpameel hy a Brief "....fitteR ass8ssmeRt sf the 1'1aRt
eeR1B:ltifJiti~s ,,'ffieh l:uwe BeeR iaeRtifies sa the site. The HSeSSRtBat skall iaehuie
~ e./~lae:aa~ sf. eA~t~ ana Elaality af tae plant eeR1.llH:UHtiea ideatified,
If18!aamg t;ftelr mnty, .liaellr~:,', and. Blisa stker f)R)'sieal eA8fB.etenstiss anet faetsfB
..../~l1el:1 lTiay agest their plBSm'aaSa.. The iB"/eBtery aaseS5Ffleat and B,,'ahuwsB
sBa!~ be pF~areEl BY a I3BfSBB lme'....leageaele in the iaeDtifieatieB and e":alaaHSB
sf . egetaa":e ~eSe1:H'ee8, e~ek 8:B a rerester, hielegist, eeelagist, aertisu]t\lriet,
laaaseape arsmteet~ SF sandie€! BUFseryman.
Res-s.S1f8hle S:irJ.iUsTUI! informs/ian. The e1.e~/e]8I3meat seFdees e1ifseter Eflay
r8~re that the 8pfJliea-aell iRslHae ausa aEiaitisaal iBEeBRatieB .....;rusk is
rses8aahle ana. nseessary fer aaeE{l:l&te adm.mistr-atisn afthis lfi,....isisn.
3.9.4.2.2. f. site jllllft whisli illslllEles:
1. Prejlefl)' Elimell.OiellB.
2.
3.
4.
2.
3.
Laeatisa sf enistiag iaB=asnekH'e and alteFatisaB.
Lee8:tioB efprsposeel struetufes, iBEFa:swetttfe ana altemtieRs.
The .1l:lsatiea ant! SJ3eeies sf aU prsteeteel ":egetatieB.. Large stanas sf a siagle
SJ3eSlBS, sHek as 8)opfess heass, may Be iBsisateel 86 a gr-a1:lfJ "."lith an. apprsn:imate
BWRB er ar area.
3. Speeifis iaeaaHeatisR sf all speeimsa kees.
6. DeBi~atieR sf aU ~reteete8. i'sgetatieR pFBp8ssel fer remer'/ed.
8.
. AGENDA ITEM
No.
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9. Desefiptiea sf &BY prepBsea mamteaanee trimming sf lB8:BgF8'\'es.
3.9.1.2.3. J4J. enseated stateR1Bat y;hiek iaehulss:
1. }Jame, aaareSBJ ana paeae efpfepeltj" a","/Ber.
2. }Jam.e, aeltlrees, end paeas efautBsfieed age&t &Ba sa site represBatative.
3. Preefefe-;mefemp.
1. Legal EieseriptisR.
S. ReBBes:fer prepesea Fe!fis";al.
~. ~ietftea 1a ElisHBgliisft vegelatisR 1a he reffie",'eEl .ism ","egetatiaa 18 Be preserveS.
ana met:8eEl Bf reme".~1. It she111c1 he Mias tfiat tile reat system Bf the "'sgetaae:a
shall alaa he preteeteEl.
7. Sigaature sf f'fEJJ:le:Fly 8'\",1\8r aT eapy sf a s13seifie eeBtfaet sigRsd by preps'Fty
ewfter.
3.9.1.2.4.
VegelfltieR releeatieR !llllll.
If ysgetatiSB releeatiea is prepesea 1:1:,' {fie appliemt prier 1a site dey,elepmsat plan,
eSR5tfHetiea plan aF ether fia&l app1=8vaIs, a ''legetaYBfl. falee_ea peRRit (.,'egetatisB
rsms,oaI,peF.fA.it) mEl:r ge isssed BY tits develepmeBt sentiees msster pre.liEied 9l&t it
san Be demsl1stratea tfiat e&:rl)' 1f'ansplBRtatiaR ~:.:iIl eahenae the 9\:lrd,.el af 1:88
~01eeatea .,'eg-etatieB. The .,'egetatieR FeleeatisR plan sRall e1ss\lRleat methes8 sf
releeB:tie~ tHtilng sf releeatien. i~.ateriBg previsians, malfltenanee me stRer
iafetmatiea as reflmrea BY the ae-:elefllBB8.t serviees direeter.
3.9.4. VEGETATION PRESERVATION STANDARDS. All development not
specificallv exempted bv this ordinance shall incoroorate. at a minimum. the
preservation standards contained within this section.
3.9.4.1. GENERAL STANDARDS AND CRITERIA.
A. The preservation of native vegetation shall include canopv. under-storv and
ground cover emphasizing the largest contiguous area possible. exceot as
otherwise provided in Section 3.9.7.l.E.
B. Areas that fulfill the native vegetation retention standards and criteria ofthis
Section shall be set aside as preserve areas. subiect to the reauirements of Section
3.9.7. Single familv residences are exempt from the reauirements of Section
3.9.7.
C. Preserve areas shall be selected in such manner as to preserve the followinll:. in
descending order of Priority. exceot to the extent that preservation is made
mandatorv in Sections 3.9.5.3.A and 3.9.6.3.C:
I. Ousite wetlands having an assessed functionalitv of 0.65 or greater:
2. Areas known to be utilized b listed s ecies or that serve as corridors for the
movement of wildlife: AGENDA ITEM
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4. Listed Dlant and animal sDecies habitats.
5. Xeric Scrub.
7. Dune and Strand. Hardwood Hammocks.
8. Dry Prairie. Pine Flatwoods. and
9. All other uDland habitats.
10. Existinl! native vel!etation located contilZUous to a natural reservation.
D. Preservation areas shall be interconnected within the site and to adioininl! off-site
oreservation areas or wildlife corridors.
E. To the iZreatest extent Dossible. native vel!etation. in auantities and Mes set forth
in Division 2.4. shall be incoroorated into landscaDe desil!llS in order to oromote
the oreservation of native Dlant communities and to encoural!e water conservation.
3.9.4.2 SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND
RLSA DISTRICTS. Outside the :RFMU and RLSA Districts. native vel!etation
shall be oreserved on-site throul!h the aODlication of the followinl! oreservation and
vel!etation retention standards and criteria. unless the develooment occurs within the
ACSC where the ACSC standards referenced in the Future Land Use Element shall
aooly. This Section shall not aooly to sinl!le-family dwellinl! units situated on
individual lots or Darcels.
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A. REOUlRED PRESERVATION.
Develooment TVi>e Coastal High Hazard Area Non-Coastal High Hazard Area
Less than 2.5 acres 10% Less than 5 acres 10%
Residential and Mixed Eoual to or greater Eoual to or greater than 5 acres
Use Develooment than 2.5 acres 25% and less than 20 acres. 15%
&lUaI to or
greater than 20 acres 25%
Golf Course 35% 35%
Commercial and
Industrial Less than 5 acres, 10% . Less than 5 acres. 10%
Develooment and all
other non-soecified
develooment tvDes Eaual to or greater Eaual to or
than 5 acres. 15% greater than 5 acres. 15%
Industrial
Develooment (Rural- 50%. not to exceed 25% of the 50%. not to exceed 25% of the
Industrial District on1v) oroiect site. oroi eet site.
B. EXCEPTIONS. An exceotion from the vegetation retention standards above
shall be granted in the following circumstances:
1. where the oarcel was legallv cleared of native vegetation orior to Januarv 1989:
2, where the arcel cannot re onabl accommodate both the a lication 0
native ve etation retention standards and the ro osed uses allowed un r
this Code. subiect to the criteria set forth in Section 3.9.7.1 ,E.
AGENoA 1lt:M
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3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRIcr. For Lands within
the RFMU District. native VIllZetation shall be oreserved throue:h the aooHcation of
the followinlZ oreservation and vel!etation retention standards and criteria. in addition
to the I!enerallv aoolicable standards and criteria set forth in Section 3.9.4.1 above;
A. RFMU RECEIVING LANDS OUTSIDE THE NBMO.
I. A minimum of 40% of the native velZelation Dresen!. not to exceed 25% of the
total site area shall be oreserved.
a. Off-site oreservation shall be allowed at a ratio of I: I if such off-site
oreservation is located within RFMU Sendinl! Lands.
b. Off-site oreservation be allowed at a ratio of 1.5: I if such off-site
oreservation is located outside of Sendinl! Lands.
c. Like for like oreservation shall be reauired for Trooical Hardwood and
Oak Hammock vegetative communities.
2. Where schools and other oubHe facilities are co-located on a site. the native
velZetation retention recuirement shall be 30% of the native velZetation
Dresen!. not to exceed 25% of the site.
B. NEUTRAL LANDS.
1. In Neutral Lands. a minimum of 60% of the native velZetation Dresen!. not to
exceed 45% of the total site area shall be oreserved.
2. Exceotions.
a. In those Neutral Lands located in Section 24. Townshio 49 South. Ranl!e
26 East. in the NBMO. native vel!etation shall be Dreserved as set forth in
Section 2.2.31.5.B.
b. Where schools and other oubHc facilities are co-located on a site. the
native velZetation retention reouirement shall be' 30% of the native
vel!etation Dresen!. not to exceed 25% of the site.
C. RFMU SENDING LANDS.
I. In RFMU Sendinl! Lands that are not within a NRP A. 80% of the native
velZetation Dresent on site shall be oreserved. or as otherwise oeimitted under
the Density Blendinl! orovisions of Section 2.6.40. Off-site Dreservation shall
be allowed in satisfaction of uo to 25% of the site Dreservation or vel!etative
retention recuiremen!. at a ratio of 3:1. jf such off-site Dreservation is located
within or eontilZUous to Sendinl! Lands.
2. In RFMU Sendinl! Lands that are within a NRPA. 90% of the native vel!etation
oresent shall be oreserved or such other amount as mav be Dermitted under the
Densitv Blendinl! orovisions of Section 2.6.40. Off-site oreservation shall not
be credited toward satisfaction of an of the ve etative retention r uir AaENii
BDoHcable in such NRP As. No. ... ITEM
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D. GENERAL EXCEPTIONS.
I. Non-conformimz. Pre-existimz Parcels. In order to ensure reasonable use and
to orotect the onvate oreomv nEbts of owners of smaller oarcels of land
within the RFMU District. includim! nonconforminll lots of record which
existed on or before June 22. 1999. for lots. oarcels or fractional units of land
or water caual to or less than five (5) acres in size. native velZetation clearing
shall be allowed. at 20% or 25.000 SQuare feet of the lot or Darcel or fractional
unit. whichever is e:reater. exclusive of any clearinll necessary to orovide for a
IS-foot wide access drive un to 660 feet in lenlrth. For lots and Darcels
greater than 5 acres but less than 10 acres. uo to 20% of the Darcel mav be
cleared. This allowance shall not be considered a maximum clearing
allowance where other orovisions of this Plan allow for lZreater clearing:
amounts. These clearinlZ limitations shall not orohibit the c1earinl! of brush or
under-storv vel!etation within 200 feet of structures in order to minimize
wildfire fuel sources.
2. Soecific County-owned Land. On County-owned land located in Section 25.
Townshio 26 E. Ranl!e 49 S (+/-360 acres). the native vel!etation retention
and site oreservation reQuirements may be reduced to 50% if the oermitted
uses are restricted to the oortions of the oreDertv that are contil!Uous to the
existimz land fill ooerations: exotic removal will be rcauired on the entire +/_
360 acres.
3. Discretionary Exceotion for Essential Public Services. The community
develooment and environmental services administrator. or his/her desilmee.
may grant written ex emotions to the above oreservation reauirements on
agrjculturallv zoned orooertv for essential DubHc services (as defined in
section 2.6.9), where it can be demonstrated that the oreservation
reQuirements and the Essential Public Services cannot both be reasonablv
accommodated on the site and it is in the best interest of the lleneral DubHe to
allow a reduction in all or Dart from the reauirements for oreservation of
existinl! native vel!etation.
3.9.4.4 SPECIF1C STANDARDS FOR RLSA DISTRICT. For lands within the
FLSA District. native vel!etation shall be oreserved oursuant to the RLSA District
Rel!U]ations set forth in Section 2.2.27 of this Code.
3.9.4.5 DENSITY BONUS INCENTIVES. Densitv Bonus Incentives shall be granted
to encoural!e oreservation.
A. OUTSIDE RURAL VILLAGES. In RFMU Receivinl! Lands not desimated as
a Rural Villal!e. a density bonus of 0.1 dwellinl! unit oer acre shall be lZl"anted for
each acre of native vel!etation oreserved on-site that exceeds the reauirements set
forth in Section 3.9.4.3. once a density of] unit Der acre is achieved throuEb the
use ofroR Credits.
B. INSIDE RURAL VILLAGES. In RFMU Receivinl! Lands desilmated as a
Rural Villa e a densit bonus of 0.3 dwellin units er acre shall be ant
each acre of native ve etation reserved on-site that exceeds the r uireme ts se(AGElii" ITa.!
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forth in Section 3.9.4.3. once a densitv of2 units oer acre is achieved through the
use ofTDR and Bonus Credits.
3.9.5 WETLAND PRESERVATION AND CONSERVATION.
3.9.5.1 PURPOSE. The following standards are intended to protect and conserve Collier
Countv's valuable wetlands and their natural functions. inc1udine marine wetlands.
These standards aoolv to all of Collier County. exceot for lands within the RLSA
District. RLSA District lands are reJI:Ulated in Section 2.2.27. Wetlands shall be
protected as follows. with total site preservation not to exceed those amounts of
yeeetation retention set forth in Section 3.9.4.3. unless otherwise reauired.
3.9.5.2. URBAN LANDS. In the case of wetlands located within the Urban desilZllated
areas of the County. the County will rely on the iurisdictional detenninations made
bv the aoolicable state or federal aeencv in accordance with the followine provisions:
A. Where oermits issued bv such iurisdictional aeencies allow for impacts to
wetlands within this desil!11llted area and reouire mitigation for such imoacts. this
shall be deemed to meet the obiective oforotection and conservation of wetlands
and the natural functions of wetlands within this area. .
B. The County shall reouire the appropriate iurisdictional permit orior to the issuance
of a final local development order permitting site improvements. exceot in the
case of any single-familv residence that is not part of an approved development or
platted subdivision.
C. Within the Immokalee Urban Desil!11ated Area. there exists hil!h auality wetland
syStem connected to the Lake Trafford/Camp Keais system. These wetlands
reouire l!I'eater protection measures and therefore the wetland protection standards
set forth in 3.9.4.3. below shall aoolv in this area.
3.9.5.3. RFMU DISTRICT. Direct imoacts of develooment within wetlands shall be
limited by directing such imoacts away from high Quality wetlands. This shall be
accomolished by adherence to the vegetation retention reQuirements of Section
3.9.4.3 above and the followine:
A. STANDARDS.
I. In order to assess the values and functions of wetlands at the time of oroiect
review. aoolicants shall rate the functionality of wetlands using the Unified
Wetland Mitieation Assessment Method set forth in F.A.C. 62-345. For
proiects that have already been issued an Environmental Resource Permit bv
the state. the County will accent wetlands functionality assessments that are
based uoon the South Florida Water Management District's Wetland Raoid
Assessment Procedures (WRAP). as described in Technical Publication Reg
001 (Seotember 1997. as uodate AUJl:Ust 1999). The aoolicant shall submit to
County staff these resoective assessments and the scores accepted by either
the South Florida Water Management District or Florida Deoartment of
Environmental Protection.
2. Wetlands documented as bein utilized b listed s ecies or servi as GENOA ITEM
corridors for the movement of wildlife shall be reserved on site re ard ss
T ALIIS32626.S
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whether the preservation of these wetlands exceeds the acreage reQuired in
Section 3.9.4.2.
3. Existinl! wetland flowwavs throul!11 the proiect shall be maintained. rel!ardless
of whether the preservation of these flowwavs exceeds the acreal!e reQuired in
Section 3.9.4.3.
4. Dmwdowns or diversion of the l!l'ound water table shall not adverselv chanl!e
the hvdroperiod of preserved wetlands on or off site. Detention and control
elevations shall be set to protect surroundin\! wetlands and be consistent with
sun-oundin\! land and proiect control elevations and water tables. In order to
meet these reauirements. oroiects shall be desil!lled in accordance with
Sections 4.2.2.4. 6.11 and 6.12 of SFWMD's Basis of Review. Januarv 2001.
5. Sin\!le familv residences shall follow the reauirements contained within
Section 3.9.5.4.B.
6. Preserved wetlands shall be buffered from other land uses as follows:
a. A minimum 50-foot vel!etated upland buffer adiacent to a natural water
body.
b. For other wetlands a minimum 25-foot vel!etated upland buffer adiacent
to the wetland.
c. A structural buffer may be used in coniunction with a vel!etative buffer
that would reduce the vel!etative buffer width bv 50%. A structural buffer
shall be reauired adiacent to wetlands where direct impacts are allowed.
A structural buffer may consist of a stem-wall. berm. or vel!etative hedl!e
with suitable fencinl!.
d. The buffer shall be measured landward from the approved iurisdictional
line.
e. The buffer zone shall consist of preserved native vegetation. Where
native vCl!etation does not exist. native'vel!etation compatible with the
cxistinl! soils and expected hvdrolo2ic conditions shall be planted.
f. The buffer shall be maintained free of Catel!orv I invasive exotic plants.
as dermed bv the Florida Exotic Pest Plant Council.
l!. The following land uses are considered to be comoatible with wetland
functions and are allowed within the buffer:
(I) Passive recreational areas. boardwalks and recreational shelters:
(2) Pervious nature trails:
(3) Water manal!ement structures:
(4)Mitil!ation areas:
(5)Anv other conservation and related open space activity or use which is
comparable in nature with the forel!oing uses. AOENJA
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B. MITIGATION. Mitilzation shall be recuired for direct impacts to wetlands in
order to result in no net loss of wetland functions. in adherence with the following
reQuirements and conditions:
1. Mitieation ReQuirements:
a. Loss of storaee or convevance volume resultine from direct imoacts to
wetlands shall be comoensated for bv llrovidine an eQual amount of
storalZe or conveyance callacitv on site and within or adiacent to the
impacted wetland.
b. Prior to issuance of any final develollment order that authorizes site
alteration. the aoolicant shall demonstrate comoliance with a and b
above. If alZencv oermits have not provided mitieation consistent with
this Section. Collier County will reQuire mitilZation exceedine that of
the iurisdictional aeencies.
c. MitilZation rcauirements for sinele-familv lots shall be determined bv
the State and Federal aeencies durine their pemrittinlZ orocess.
oursuant to the reauirements of Section 3.9.5.4.
2. Mitieation Incentives: A density bonus of 10% of the maximum allowable
residential density. a 20% reduction in the reQuired ooen soace acrealZe. a
10% reduction in the reouired native veeetation. or a 50% reduction in
rcauired littoral zone requirements may be lZI'anted for proiects that do any of
the followine:
a. Increase wetland habitat throueh recreation or restoration of wetland
functions. of the same Me found on-site. on an amount of off-site acres
within the Rural Frinee Mixed Use District SendinlZ Lands. caual to. or
lZI'eater than 50% of t1i.e on-site native velZetation preservation acrealZe
recuired. or 20% of the overall oroiecl size. whichever is lZreater: or.
b. Create. enhance or restore wadinlZ bird habitat to be located near wood
stork. and/or other wadinlZ bird colonies. in an amount that is ecual to. or
greater than 50% of the on-site native veeetation oreservation acrealZe
reauired. or 20% oilhe overallproiect size. whichever is lZreater: or
c. Create. enhance or restore habitat for other listed soecies. in a location and
amount mutuallv alZI'eeable to the aoplicant and Collier County after
consultation with the aoolicable iurisdictional aeencies.
3. EIS Provisions. When mitilZation is proposed. the EIS shall demonstrate that
there is no net loss in wetland functions as prescribed above.
4. Exotic Veeetation Removal. Exotic veeetation removal shall not constitute
mitilZation.
3.9.5.4. ESTATES. RURAL-SETTLEMENT AREAS. AND ACSC. In the case of
lands located within Estates Desilmated Area. the Rural Settlement Area. and the
ACSC the Coun shall reI on the wetland 'urisdictional determinations .
r uirements issued b the a lieable 'urisdictional a enc in accordance 'th WNDA ITEM
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A. For single-family residences within Southern Golden Gate Estates or within the
Big Cvoress Area of Critical State Concern. the County shall recuire the
appropriate federal and state wetland-related 1>ennits before Collier County issues
a buildinlZ pennit
B. Outside of Southern Golden Gate Estates and the Area of Critical State Concern.
Collier County shall inform aoolicants for individual single.familv building
permits that federal and state wetland oennits may be recuired orior to
construction. The County shall also notify the aoplicable federal and state
alZencies of single family buildinlZ pennits applications in these areas.
3.9.5.5. RLSA DISTRICT. Within the RLSA District wetlands shall be preserved
pursuant to Section 2.2.27.
3.9.5.6 SUBMERGED MARINE HABITATS. The County shaIl protect and conserve
submerlZed marine habitats as orovided in Section 2.6.21.2.7.
3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION.
3.9.6.1 PURPOSE AND APPLICABILITY.
A. The OUl"DOSe of this Section is to protect natural reservations from the imoact of
surrounding develooment. For the OurDose of this section. natural reservations
shall include onlv NRPAs and desilZllated Conservation Lands on the Future Land
Use Map.
B. For the OurDoses of this Section. develooment shaIl include all projects single-
family dwelling units situated on individual lots or oarcels.
3.9.6.2. REVIEW PROCESS. All reauests for develooment contilZUous to natural
reservations shall be reviewed as part ofthe County's develooment review orocess.
3.9.6.3. RFMU DISTRICT REOUlREMENTS. The foIlowing criteria shall aoolv
within the RFMU District only.
A. OPEN SPACE. Doen so ace shaIl be recuired to provide a buffer between the
pro; ect and the natural reservation.
1. Doen Soace allowed between the proiect's non-opensoace uses and the
boundary of the natural reservation may include natural oreserves. natural or
man-made lakes. golf courses. recreational areas. reauired yard set-back areas.
and other natural or man.made ooen soace re~uirements.
2. The followinlZ ooen soace uses are considered acceotable uses contilZUous to
the natural reservation boundary:
a. preServation areas:
b. golf course roughs maintained in a natural state:
c. stonnwater management areas:
d. pervious nature trails and hiking trails limited to use bv nomnotorized
vehicles. AGENoA IttM
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B. OPEN SPACES AS BUFFERS.
1. The uses in oara2l'aoh A.2 above are encouraged to be located as to orovide a
buffer between the natural reservation and more intensive ooen soace uses.
including olav2l'ounds. tennis courts. golf courses (excludiOlz roulZhs
maintained in a natural state). and other recreational uses and vards for
individual lots or oarcels. or ooen space uses that are imoervious in nature.
These more intensive ooen soace uses mav not be located closer than 300 feet
to the boundary of the natural reservation.
2. In addition. where woodstork (Mvcteria americana) rookeries. bald eagle
(Haliaeetus leucoceDhalus) nests. and wading bird roosts are found in the
adiacent natural reservation. the ooen space uses identified in sub-sections
B.2.a. throulZh c are considered acceotable for olacement within a buffer as
soecified below:
a. Woodstork (Mvcteria . americana) rookeries. bald eagle (Haliaeetus
leucoceDhalusl nests - 1.500 feet:'
b. Wading bird roost - 300 feet:
c. These buffer distances shall onlv aoolv to the identified entity within the
natural reservations.
3. These reQuirements shall be modified on a case bv case basis. if such
modifications are based uoon the reView and recommendations from the
USFWS and the FFWCC. Anv such changes shall be deemed consistent with
the Growth Management Plan.
C. CONTIGUOUS NATIVE VEGETATION. Existing native vegetation that is
located contil!llous to the natural reservation shall be oreserved as oart of the
oreservation reauirements soecified in Section 3.9.4.
D. WILDLIFE CORRIDORS. Where wildlife corridors exist for listed soecies.
orovision shall be made to accommodate the movement of the listed soecies
throu2h the proiect to the natural reservation. The County shall consider the
recommendations from the USFWS
3.9.7. PRESERVE STANDARDS
3.9.7.1 DESIGN STANDARDS
A. IDENTIFICATION. Native vegetation that is reQuired to be oreserved or
miti2ated oursuant to 3.9.4 or 3.9.5 shall be set-aside in a Preserve and shall be
identified in the following manner:
1. The Preserve shall be labeled as "Preserve" on all site olans.
2. If the develooment is a PUD. the Preserve shall be identified on the PUD
Master Plan. ifoossible. If this is not possible. a minimum of75% of the
oreserves shall be set-aside on the PUD Master Plan with the remaininlZ 25%
identified at the time of the next develoDment order submittal. AGENDA ITEM
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3. The Preserve shall be identified at the time of the first develooment order
submittal.
B. MINIMUM DIMENSIONS. The minimum width of the oreserve shall be:
1. twenty feet. for orooertv less than ten acres.
2. an averal!e of thirtv feet in width but not less than twenty feet in width. for
orooertv coual to ten acres and less than twenty acres.
3. an averal!e of fiftv feet in width but not less than twentv feet for orooerty of
twenty acres and I!l'eater.
C. PROTECTION OF WETLAND HYDRO PERIODS. Drawdowns or diversion
of the l!I'Ound water table shall not adversely chanl!e the hvdrooeriod of oreserved
wetlands on or offsite. Detention and control elevations shall be set to orotect
surroundinl! wetlands and be consistent with surroundinl! land and oroiect control
elevations and water tables. In order to meet these reauirements. oroiects shall be
desil:med in accordance with Sections 4.2.2.4. 6.11 and 6.12 of SFWMD's Basis
of Review. Januarv 2001.
D. PROTECTIVE COVENANTS. Preserve areas shall be identified as seoarate
tracts or easements. with access to them from a olatted right-of-wav. No
individual residential or commercial lot. Darcel lines. or other easements such as
utility or access easements. may oroiect into tile a Preservoo wlulB Blatle!! as a
tmI*. All reauired easements or tracts for oreserves shall be dedicated to the
County without olacine on the County the resoonsibility for maintenance or to a
orooertYowners' association or similar entitv with maintenance resoonsibilities.
The oroteetive covenants for the tract or easement shall establish the oennitted
uses for said easementfs) and/or tracts on the final subdivision DIRt. A
nonexclusive easement or tract in favor of the County. without anv maintenance
oblil!ation. shall be orovided for all oreserves on the oreliminarv and final
subdivision olats and all final develooment order site olans. The boundaries of all
oreserve easements shall be dimensioned on the final subdivision olat.
E. CREATED PRESERVES. Created Preserves shall be allowed for oarcels that
cannot reasonablv accommodate both the rcouired on-site oreserve area and the
orooosed activitv.
1. Aoolicability. Criteria for allowinl! created oreserves include:
a. Where site elevations or conditions reouires olacernent of fill thereby
hannine or reducinl! the survivability of the native veeetation in its existing
locations:
b. Where the existine veeetation reauired by this oolicv is located where
orooosed site imorovements are to be located and such imorovements
cannot be relocated as to oroteet the existine native veeetation:
c. Where native oreservation rcouirernents cannot be accommodated. the
landsca e Ian shall re-create a native lant communi in all three s
ound covers shrubs and trees utilizin lar er lant materials so a
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more Quicklv re-create the lost mature vegetation. These areas shall be
identified as created oreserves.
d. When a State or Federal oermit reQuires creation of native habitat on site.
The created preserve acreage mav fulfill all or oart of the native vegetation .
reauirement when preserves are Dlanted with all three strata: using the
criteria set forth in Created Preserves. This exceotion may be !!ranted.
regardless of the size of the oroiect.
e. When small isolated areas (ofless than Y, acre in size) of native vegetation
exist on site. In cases where retention of native vegetation results in small
isolated areas of Y, acre or less. oreserves may be olanted with all three
strata: using the criteria set forth in Created Preserves and shall be created
adiacent existing native vegetation areas on site or contiguous to Dreserves
on adiacent orooerties. This exceotion may be l!ranted. regardless of the size
of the Droiect.
f. When an access ooint to a Droiect cannot be relocated. To comolv with
obligatory health and safety mandates snch as road alilmments reouired bv
the State. preserves may be imDacted and created elsewhere on site.
2. Reauired Planting Criteria:
a. Where created Dreserves are aooroved. the landscaDe Dlan shall re-create a
native Dlant community in all three strata (l!rOund cover. shrubs and trees).
utilizing larger plant materials so as to more Quicklv re-create the lost
mature vegetation. Such re-vegetation shall apolv the standards of section
2.4.4. of this Code. and include the following minimum sizes: one gallon
l!round cover: seven (7) gallon shrubs: fourteen (\ 4) foot high trees with a
seven foot crown sDread and a dbh (diameter at breast height) of three
inches. The soacing of the olants shall be as follows: twentv to thirtv foot
on center for trees with a small canODV (less than 30 ft mature smead) and
fortv foot on center for trees with a large canODV (l!reater than 30 ft mature
sDread). five foot on center for shrubs and three foot on center for ground
covers. Plant material shall be Dlanted in a manner that mimics a natural
Dlant community and shall not be maintained as landscaDing. Minimum
sizes for Dlant material may be reduced for scrub and other xeric habitats
where smaller size plants material are better suited for re-establishment of
the native plant community.
b. Approved created preserves may be used to recreate:
(1) .not more than one. acre of the reQuired preserves if the proDertv has
less than twenty acres of existing native vegetation.
(2) not more than two acres of the reouired Dreserves if the proDertv has
eQual to or !!Teater than twenty acres and less than eighty acres of
existing native vegetation.
3 not more than 10% of the r uired reserves if the TO ert
to or greater than eighty acres of existing native vegetation. No.
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c. The minimum dimensions shall aoolv as set forth in 3.9.71.B.
d. All oerimeter landscaoinl! areas that are reouested to be aODroved to fulfill
the native vel/elation oreserve reouirements shall be labeled as oreserves
and shall comolv with all orcserve setbacks
F. ALLOWABLE SUPPLEMENTAL PLANTINGS. SuoDlemental native
olantinl/s in all three s1rata mav be added to oreserve areas where the removal of
non-native and/or nuisance vel/etation creates Doen areas with little or no native
vel/etation coveral/e. Plant material in these restoration areas shall meet the
followinl/ minimum size criteria: one Rallon l!I'Ound covers. three Rallon shrubs
and six foot hil/h trees. Plant material shall be olanted in a manner that mimics a
natural plant community and shall not be maintained as landscaDing. Minimum
sizes for Dlant material mav be reduced for scrub and other xeric habitats where
smaller size olants material are better suited for re-establishment Dfthe native
Dlant community.
G. PRESERVE MANAGEMENT PLANS. The Preserve Manal/ement Plan shall
identify actiDns that must be taken to ensure that the oreserved areas will function
as Drooosed. A Preserve Manal/ement Plan shall include the followinl/ elements:
1. General Maintenance. Preserves shall be maintained in their natural state and
must be keDt free of refuse and debris.
,
2. Exotic Vegetation Removal. Non-native Vegetation. and Nuisance or Invasive
Plant Control. Exotic vegetation removal and maintenance olans shall
require that Category I Exotics be removed from all oreseryes. All exotics
within the first 75 feet of the outer edge of eveI'V oresel'Ve shall be ohvsicallv
removed. or the tree cut down to l!I"ade and the slumo treated. Exotics within
the interior of the oreserve may be aooroved to be 1reated in olace if it is
determined that ohvsical removal mil!ht cause more damage to the native
vegetation in the oreserve. When orohibited exotic vegetation is removed. but
the base of the vegetation remains. the base shall be treated with an U.S.
Environmental Protection Agencv aooroved herbicide and a visual1racer dve
shall be aoolied. Control of exotics shall be imolemented on a vearlv basis or
more freouentlv when required. and shall describe soecific techniaues to
orevent reinvasion bv Drohibited exotic vegetation of the site in oeroetuitv.
Non-native vegetation and nuisance or invasive olants shall be removed from
all Preserves.
3. Desil!llation of a Preserve Manager. A Preserve Manal/er shall be identified
as the resoonsible oartY to ensure that the Preserve Management Plan is being
comDlied with. The individual's name. address and Dhone number shall be
listed on the Preserve Management l>lan. The same information shall be
Drovided regarding the develoDer. Both Darlies will be responsible until such
time that the homeowners association takes over the management of the
oreserve. At that time. the homeowners association shall amend the olan to
rovide the homeowner association information and information re ar .
erson hired b the association to mana e the reserve. The horn eo
association and the Dreserve manager shall be resoonsible for annual
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maintenance of the preserve. in perpetuity. The PreseFI's Mll!I&E!er HHlst 1ilI'.'e
eHBeAeaSe iB aative sahitat sPeteetiewP8steraaea. sa iEleRafied At a
minimum. the Preserve Mana~er shan have the same oualifications as are
reauired for the author of an EIS. as set forth in section 3.8.4.
4. Wildlife Habitat Management. Where habitats must be managed with regards
to the species utilizil)lz them. Wildlife Habitat Manal1:ement strateBies ma~ be
reauired to provide for snecialized treatment of the preserve. Where protected
species are identified. manal!ement stratel!ies shall be developed and
implemented in accordance with Section 3.11.3. Where site conditions
reauire prescribed bums. a fire management plan will be developed and
implemented.
5. Protection Durinl! Construction and Shmage After Construction. The
Preserve Manaeement Plan shall address protective measures during
construction and sil!1lal!e durinl! and after construction that are consistent with
Section 3.9.8.
H. ALLOWABLE USES WITHIN PRESERVE AREAS. Passive recreational
uses such as pervious nature trails or boardwalks are allowed within the oreserve
areas. as lonl! as anv clearinl! reauired to facilitate these uses docs not imoact the
minimum reauired veeetation. For the pUrtlose of this section. passive
recreational uses are those uses that would allow limited access to the preserve in
a manner that will not cause anv neeative impacts to the preserve. such as
pervious pathways. benches and educational sil!1ls are permitted in the preserve.
Fences mav be utilized outside of the preserves to provide protection in the
preserves in accordance with the protected soecies section 3.l1.3.l.C. Fences and
walls are not permitted within the preserve area.
3.9.7.2 INSPECTIONS AND MAINTENANCE.
A. INSPECTIONS SHALL BE REOUlRED FOR ALL PRESERVES. The
oreserve areas shall be completed and aporoved bv insnections conducted in
accordance with the followinl! schedule:
I. Prior to preliminary acceotance of the phase of the reauired subdivision
improvements:
2. Within the associated ohase of the final site development olan prior to the
issuance of a certificate of occupancy.
3. As reQuired with I!olf courses. prior to the issuance of a certificate of
occupancv for the first permitted structure associated with the eolf course
facilitv:
4. Ei2htv percent veeetative coveraee. of the created preserves and
supplemental plantinl!s in preserves. is reQuired within a two-vear period
following the initial olanting and shall be maintained in perpetuity. Native
lants that recruit on their own within the reserve will be counted t
this coveraee reQuirement. :"GENOA ITEM .,
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B. ANNUAL MAINTENANCE. Annual maintenance shall be recuired accordim!
to the Preserve Management Plan
3.9.7.3. REOUIRED SETBACKS TO PRESERVES.
A. All orincioal structures shall have a minimum 25- foot setback from the
boundary of anv oTCserve. Accessorv structures and all other site alterations
shall have a minimum 10- foot setback from the boundary of anv oTCserve.
There shall be no site alterations within the first 10 feet adiacent to anv preserve
unless it can be demonstrated that it will not adverselv imoact the intel!r:itv of
that oreserve. (Leu Fill mav be BDoroved to be olaced within 10 feet of the
uoland preserve but mav not be aoproved to be olaced within 10 feet of a
wetland oreserve. unless it can be demonstrated that it will not negativelv
impact that wetland.
B. Additional oreserve buffers shall be aoolied to wetlands pursuant to Section
3.9.5.3.A.6.
3.9.7.4 EXEMPTIONS.
A. SinllJe familv residences are subiect onlv to the aoolicable vegetation retention
standards found in 3.9.4.
B. Aoolications for development orders authorizing site improvements. such as an
SDP or FSP and. on a case bv case basis. a PSP. that are submitted and deemed
sufficient prior to June 19. 2003 are not reeuired to comolv with the orovisions of
3.9.7. formerlv 3.9.5.5.6. which were adooted on or after June 19. 2003.
3.9.e.8. VEGETATION BEMO," AL, Il,fROTECTION AND PREEERV!.TION
REMOVAL S~T ANDARDS. .
3.9.e. 8.1. VEGETATION P,fROTECTION STANDARDS.
3.9.S.l. A: GENERAL. During construction, all reasonable steps necessary to
prevent the destruction or damaging of vegetation shall be taken, including the
installation of protective barriers. Vegetation destroyed or receiving major
damage must be replaced by vegetation of equal environmental value, as specified
by the development services department, before occupancy or use unless approval
for their removal has been granted under permit.
3.9.8.1.2. ~F1LLING AND CONSTRUCTION DEBRIS. During construction,
unless otherwise authorized by the vegetation removal permit, no excess soil,
additional fill, equipment, liquids, or construction debris, shall be placed within
the dripline of any vegetation that is required to be preserved in its present
location.
3.9.8.1.3. ~ ATTACHMENTS. Unless otherwise authorized by the vegetation
removal permit, no attachments or wires other than those of a protective or
nondamaging nature shall be attached to any vegetation during construction.
3.9.8.1.1. I1 EXCA VA TION. Unless otherwise authorized by the vegetatio
removal permit, no soil is to be removed from within the dripline of any AGEN>A ITEM
vegetation that is to remain in its original location. No.
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3.9.8.U. E. PROTECTIVE BARRIERS AND SIGNAGE.
1. Installation of protective barriers and silmal!e. All protective barriers shall
be installed and maintained for the period of time beginning with the
commencement of any phase of land clearing or building operations and
ending with the completion of that phase of the construction work on the site,
unless otherwise approved to be removed by the development services
director's field representative. All protective barriers shall be installed
pursuant to the Tree Protection Manual for Builders and Developers, division
offorestry, State of Florida or other methods approved by the development
services director. Si maIZe shall be olaced around the Dreserve areas to
identify and Drotect the oreserve durin!! construction. The boundarv of the
Preserve shall be nosted with aODroDriate simal!e denotinlZ the area as a
Preserve. Sil!l1(s) should note that the DoSted area is a Drotected area. The
sims shall be no closer than ten feet from residential DroDertv lines: be limited
to a maximum heil!ht of four feet and a maximum size of two sauare feet: and
otherwise comDlv with Section 2.5.6. Maximwn sil!D sDacin!! shall be 300
feet.
2. Applicant's representative required. The applicant for a vegetation removal
permit shall, at the time of application, designate representative(s):
-t1!. Who shall be responsible for the installation and the maintenance of all
tree protection barriers.
~b. Who shall be responsible for supervising the removal of all existing
vegetation permitted to be removed or altered.
~Prolection of all areas of vegetation. Areas to be preserved shall be
protected during land alteration and construction activities by placing a
continuous barrier around the perimeter of the area of vegetation to be
preserved. This barrier shall be highly visible and constructed of wood
stakes set a maximum of ten feet apart, at a height range of two to four
feet, all covered continuously with brightly colored, all-weather mesh
material or equal type barrier method. An equivalent method may be
substituted with the approval of the development services director.
4.d.Prolection of individual trees. When the retention of single trees is
required by this Code, a protective barrier, similar to that required in
[section] 3.9.5.1.5.3, shall be placed around the tree at a distance from the
trunk of six feet or beyond the drip line, whichever is greater, or as
. otherwise approved by the development services director's field
representative.
3.9.Sr.!,2. CRITERIA FOR REMOVAL AND/OR REPLACEMENT OF
PROTECTED VEGETATION.
A. STANDARDS. The development services director may approve an application
for vegetation removal permit \lasea ell. the felle.....ill.g DRteFia: if it is determined
that reasonable efforts have been undertaken in the la out and desi ofth AGENOA IttM
ro osed develo ment to reserve existin ve etation and to otherwise
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the aesthetic aooearance of the develooment bv the incoIDoration of existinljl
vegetation in the desil1J\ orocess. Relocation or reolacement of vegetation mav be
reauired as a condition to the issuance of an aooroval in accordance with the
criteria Bet forth in this division. In addition. a vegetation removal oermit mav be
issued under the followiiu conditions:
3.9.3.2.1. Protected vegetation is a safety hazard to pedestrian or vehicular traffic,
public services, utilities, or to an existing structure.
3.95.2.2. Diseased or otherwise unhealthy vegetation as determined by standard
horticultural practices and if required, a site inspection by the development
services director's field representative.
3.9.3.2.3. A final local development order has been issued which requires removal
of the protected vegetation.
3.9.~.2.1. Compliance with other codes and/or ordinances may involve protected
vegetation removal.
3.9.5.2.3 The 8J3t:'F8Val fer a:B apl'lieatiea i:a.vel":ing vegetaasR Fems",&I aetj":itr
shall Be gFa8:tee anl)" iftke Eie-:elepRient eBr-jess streeter :HBaS that reaseaahle stierts
BS?'/8 esea 1:lRsertalCe!l in the l&)'6l:lt and d.esiga efthe ]Uep9ssel Eie..'elepmeat t9
presBFVe 8nisting ysget&tisa ana fa etkeR"ise enhanee tlte assthelie appeBfanee efthe
ele",'elepmeat 19)" tits ifleaFp8maaa sf Bnistiag '":egetatieB in the desiga. _pre sees,
Releeatisa aT refJlaeeme:et eC-:egetatieB Mar he f8Ejaired H a eeaditieR ta tee
issaanee ef an apprsval ia aeearaanee .,dth tae eFiteHB set fertk iR this di",'isiea.
3.9.5.2.6. 5. Pn3tsolsd l'egat&ti'S1i pr"3jJsssdf()Y NHUBl'S! it; 1tarut.3Hl'S.
Replacement of nonnative vegetation shall be with native vegetation &f
eeHlflarallle ealiJ3er lUie llI'ea and shall be subject to the approval of the
development services director or hislher designee. lB tile e','eat that
seffil3MBble sa-Yper ar siameter at BPeEist heigfit (lifik) ..~egetatieR is Bst
9....~ailaele, smaller "EISa tress taa1 tetal the reEJ.1Hsite eaHper mar Be sHstit1::lteel.
URder Be eirs\tmstaness v:ilI a tJ:ee aT SatlB less tilM t-hs miftim1:l1R size
relflliremeat fer lamlesafliBg Be aoe8jltea. (Bl(e8jlaeBB "im Be grantee far
remo':aI efnenn&ti-.pe vegetatiaa as listeel ia BesHaRs 2.1.1.9 through 2.1.1.11.
The ret:tlaeem8at reEll:liFSmsBt fer this yegetatieFi shall be eft a 1: 1 sasis, U:8ing:
IRe milliFftWB miaglltiell BiBe enteria listed llIIeBr BeetieR 3.9.7.) Reolacement
vegetation shall comolv with the standards of Section 2.4.4 and shall include
the followinl! minimum sizes: one gallon aro\ll1d cover: seven (7) gallon
shrubs: fourteen (J4) foot high trees with seven foot crown sllread and dbh
(diameter at breast hei ghO ofthree inches. Replacement native vegetation
shall be planted within 14 calendar days of removal.
3.9.ff.2. :.2.. On a parcel of land zoned residential single-family (RSF), village
residential (VR), estates (E) or other nonagricultural, noncommercial zoning
district in which single-family lots have been subdivided for single-family use
only, a vegetation removal permit may be issued for any permitted accessory
use to that zoning. AGENDA ~
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3 .9.S .J.8. 7. The proposed mangrove alteration has a Florida department of
environmental protection pennit or meets the pennitting standards in Florida
Administrative Code 17-321.030, 17-321.050, 17-321.100, 17-321.801, 17-
321.802, or 17-321.803 as may be amended. However. mangrove removal or
trimmiDlZ shall be orohibited in all oreserves or areas used to fulfill the native
vegetation oreservation reauirements.
3.95.2.9. 8. Removal of vegetation for approved mitigation bank sites (as defined
by the Florida Administrative Code); state or federally endorsed
environmental preservation, enhancement or restoration projects; or State of
Florida, division offorestry approved fire breaks shall be pennitted.
Vegetation removal permits issued under these criteria are valid for the period
of the time authorized by such agency pennits.
B. VEGETATION RELOCATION PLAN. If vegetation relocation is orooosed bv
the aoolicant orior to site develoDment Dlan. construction olan or other final
aDDrovals. a vegetation relocation Dennit (vegetation removal oennit) mav be
issued bv the develooment services director orovided that it can be demonstrated
that earlv transDlantation will enhance the survival of the relocated vegetation.
The vegetation relocation olan shall document methods of relocation. timing of
relocation. watering Drovisions. maintenance and other infonnation as required by
the develooment services director. ..
C. LANDSCAPE PLANT REMOVAL OR REPLACEMENT. The removal or
reoIacement of aPDroved landscaDing shall be done in accordance with the
rel!Ulations that guide the landscaoe Dlans reviews and aODrovals in Division 2.4.
A vegetation removal oenDit will not be issued for the removal or reolacement of
landscaoe olants. That aDoroval must be obtained through an amendment orocess
to the landscape plan or as othelWise authorized bv pennit by the Collier County
LandscaDe Architect.
3.9.&d.8.3. MANAGEMENT PLAN AND INSPECTIONS.
A. MANAGEMENT PLAN REQUIRED. For all individual areas of mangrove
trees and areas of preserved plant communities larger than one-half acre in area,
the owner shall submit, for the approval of the development services director, a
narrative management plan indicating the manner in which the owner will
preserve the native plant communities. The narrative shall include:
3.95.3.1. Whether or not the existing vegetation is to be pre'served in the existing
species composition.
3.95.3.2. If applicable, the manner in which the composition of existing plant
material is to be preserved (hand removal of invasive species, prescribed
burning, etc.).
3.9.3.3.3. The maintenance schedule for the removal of invasive species.
3.95.3.4. The maintenance schedule for the removal of debris.
AGENlA ntM
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3.9.U.5.0ther information that may be required by the development services
director that is reasonable and necessary to determine if the management plan
meets the requirements of this Code.
3.95.1. .!!. O~-SITE INSPECTION. The development services director's field
representative may conduct an on-site inspection to detennine if the proposed
vegetation removal meets the criteria in section 3.9.5.2 and conforms to the
IUeSef\'atiaD standards set forth in section 3.9.8.5 below.
3.9.3.3. P~e.-t'flHB1t 8t&1taaP'fi5.
3.9,3.S.1. ."-II de"lelepmeat Bet sf'eeiiieallr eu8fftl'teEl Bj' this eFEHBaIlse 8h&11
iaeSFp8rate 8.t a miai!BWB the pf8S8FT. '"-&tieR stane1wB eeakHRea t'dthin this seetieR.
3.9.3,3.2 .^..lI flet~" 9svelsl'Hients sftall fetaifl 8Kistiag Ba~h'e ":egetatisB ta the m&niBftltB
enteR! pessie!!; espeeie1IY."/Rere saie Baa",'! "/egetatisa exists -..;itltiH RUluires lndfer
8feas. '.\7llea j:lfeteeteel El1geeiea are ieleatHieEl sa site, "Reri~'. shall he gb:en te
prese~:iB:g these haeitats tim, as a part sf d:te Fetaiaea Bath'S "/sgetas8a reql:liF8Rleat
(see seetieR 3.11.3 fer the me.nageme&t effuses areas). ',l,7:ftere the f8E{ldfed minimum
retaieed -;egetatien ~eFe8fitage has heeR Riet pun;li8:Bt te Bastien, 3.9.5.5.3 ana
3.9.3.5.1 aaaitisnal AMi-:e vegetatieB saall be retaiBeel uAless seaeeSM}' graae
GRanges, reijti:ireel iilifastmstliFe, stSlm-.n:ateT managemeat system Elesiga aT a:flpraved
eeastraGtiea FSStpriRts neeessitate its fsmevaL The Resel te Feme",'e additional
enisting aati-/e trees ssaU he eem9BstFetea h)' tae applieBBt as part sf tits "legetatiee
Femoval re."is':: pfEleeSB. "7lisa reEfRireEl t9 Be remevea, euisWlg -,'iable aali-,'e weeB
slialI Be tFaRB~lmteel iato site l~8.seBFiRg HRless the &pplieant ean EleRt8Bstrate taat
transplanting is Bet feasiBle Elf RppFepaate. ReWBea areEl5 sf -:egetatie:a skall Be
prsserlea in thair BstiFefj' \vitk all tFees, 1:IBEhwstery, &Be! gr91:uul es",'8fS left iBtaet ana
aBaistur~e8, eJ~eeJ3t fer flrehibitea 81(etie speeies r6m8':al, enhaneemsat -.i'itk Batbe
plant material an~ pl'lffliHg ana maillteHBBee.
3.9.55.3. .AJI Be..... rBsiseatiaI ar mi"eB \::lse 9&!'.'!lepms8ts greater titan. ~":el.'2 Rafes
ia ~ke eaaelal mana:gemeat area as deHaes in the 1989 seideR sethe mtl.ire lanEl use
alaaumt sfth! eeuftty gra~...~..h mana-gem8flt fllan aIla greater theft. 29 aerea ill the
eeastal Brew aesigRilted Bf8a as defhisa iB the geaereJ plan reE{iiirem6ats seetiea
('.4-€i) sitae ..A..deptiea }lateaeah: sfth! 19&9 eelitieB Beth! fuMe lana use elemsftt
aflhe eaUHtj' grawtll mllHa-gemellt plBB shall retaiD 25 pereellt aflhe viaBle DaMall)'
fimstiaaiag sativa ;~:egetatiaR en site i8eh:ulisg hath taB aadef6tel1~ and the gT8W1d
soyer emphasizing tae largest eeatigue\::ls &rea p8ssil3le. '.J.1!lBFl pF8teeteel speeiss are
iaSBtHisa sa site, priority saaIl Be gi",'eB t6 pTeSBF':ing these haBitats first, as a pm sf
the retaiaeel aati".'e .:egetatisR reElT:iiremeet (see aBetian.1It J fer the Rl&n&gBRlem sf
these areas). ''''heR ss";sral dif:fereat aaa','e plant eeHml'clfli~es eJdst sa site, the
8w:elepffiaat plEM3.s "Nill, he 18 pr.eSBr\'B en~les ef aU aftksm, ifpes9iele. .:\~eas sf
laBdseapiag aRe speR &piles ~.vRieh are pl&Rted -::it.a RaBi'e speeies ehaU Be iaehuleel
in Che 25 pef6ef1tF8EJ1:lirEJffiElBt eSBsielsAJtg eanepy Wlelersterr BIle gre1:Hl8 sever,
prs-:ieliag that in suea areae sf ereait, gT6\iI1e1 sever eeRstitutes Be maFe tftB:R 29
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spell s~aee set B:6iele te meet tke 25 pereeat rnW"/8 "lsgetaaea peliey. This alia" ea:R
Bet Be latelpFllteEl te aile'.... ElevelepmeRt m wetlaass BhellM U"e "'e'llIBil PI j s
eaftsatl t t;Il ;!,~ ,It .., ~s a eBe
~ ~,e meH an pef8eat e,ftlte site. Eneeptiens, B)"means efmitigaBea Fa die
aRB e H3.sre8:gea laneseape NfllH1"e!fleats, &Ball he gf8Bteli far paresIs n4:liek sanRet
re~eflahly aeee~edate lie. th.e prse8fVatieR area BIUi the pFepsssd ~~i-'it .. 'U~
Il!lti- 'e pleSel'\'at . . ~" ,-Bfe
. .' lea :FeE[\:llf8RteIHs &fe Bat aeeeRUBes&tea. tile lrmdsss e 1 saIl
6l'~~t~ a nati',<e plant aamm~ty iB all tl!ree Dkata (grallnEl ea'fOl, Dm::B; a: ~oes FB
lItlhll~ IlIfgar plaBt mataFlals se as te mere ElUiekJ)' re ereats tae la t tl ),
"sg~a S h ' a Ifllllffil
.. 1 R,. lie Fe ":egetatlBB shall apply tile standB:fEla Bf aaetien. 2. 11 fth'
Ca~e, ana Hlsl1ule a flU8flti~' efplantinga matafiiRg tke atBBlHlt eCFe' ~i~e~ liS .
aaa78 ,oegetatisa tftat was 18818\'811. Tlie falle".".'ing miBimum siess s~1I p~~~ eel
galles gFe\iflEl eS-f~; w.'e galle8 sh:"Ilbs; 11 faet high wes 'NitS. a SOVeA f: ~~,.:S
SflFoaEl ~El.a Elbft E6,I!HlIllter at ~reasl height) efthres mehes, Pre,.ieIlSlr elelH'oEl .,
pareele. . elff arRatl'...e .,sgetatlen. shall ae eJ(empt Rem this PeElW t
emllB ,
3,9.5;.4. . .\I~ Blfter typeD ehew Elsyslapme81 sat rsfefeeeeEl ill eeetie83 95 53
ah evs, lIlel~illAg Bm ael limiteEl Ie 1) resiEleslia:J er BlineEllIss Els"sleflm~~ ~~
tI e thraDaelss set foftk is sseaes3 9 3 5 3' 2) eemmeraia:J il I: er
. s . I ' , . . , - -e'le.epmllflt' anl! 3)
III ~?a:,a E1e...~IElfll8a!lt Dft,all as FOEjlliF~El te preSSf\'S an apprepallte pertieR eflfte
BatI. e . e,~etatlaR 8a the Blte as Eletem.uaed. thfeUgR tke aSBRt)' e8\'elepmeat l'e9'ie'~'
pFeeesB: ,,'liea pfEJteeteel speeiss Bfe iaMtiHea 8a site pReHl)' sh.all Be gi.'8B ~ -'
rssel"l'u:g tiless haBitats HFSt, as a part eftae retamed BlHi...e 'fegstatie8 F~Ejllkemellt
see seebeR 3.11.3 :fer the Humagem.w eftaese areas) Fer Re'.' eauela i ei
an . . ,'" . ~plBeB QR~eF
B ,e ee~es, a .lBLm~ aftea pereeat sitae Rati"!! vegetatisa sa site €By area~ saall
s retalftel!, ISGIIIElH1~ !ae lIRElBfGtery IlllEl gFellBEl ae','sr, Fer RS'N Els\<slepmBftt' H"s
ReRlS 131" greater, a BUwmam of 15 f)eFeent efthe eati"'e .'egetatisB eft 't EO .~
R 1I11 'El' I . " - -- SI.S -)' llfea
S I a e f0ta.~e , HiS aelmg t.fte Wleer-sterr and gt=ellBEl sever. ~eseR'at:ien of '
.elf€eref1~.e.entI~eI:l6 ka~itatEl is te he eaeeJ\.lfa.gea. 'l,~Bfl several I1&th'e plant
eeBllBwut:ies enst 6ft site tHe ae\'elapmeflt plans ~.";,ill reB:SeRaely attem t ta Feserle
e;;~)l~e~. afaR af~elfl, ifpaDsillls. He'Neyer, tais pelie)' shall set be ~Bl'fl;etsEl ~
a 0:. e. 0lePB?eftt 111 ...:etlanss, sasald "Net~ana8 aleRe GeBsatllte mape tkan the
:er-t18a ~fthe SIte reEllUrea te l=Je pr-esen.et!. BneeptisBS, ey means efmitigatie:a iB tke
erm ef~8~rsased ll18Elssape reEjuiiemeBtD, shall be gFlIBteEl far pareels whish ear.net
re~,,~fta 1) ae~e~e~at~ l=Jeth tke pFeseF.~at4eB afer! and tke pref.losed Q(jth'i1:y. l,\7ftere
Batl. e I3reS~F\ ~lefl rSEf8:iremests are Hot aeeemmeaated, the ]anElseape :plan sliaJI Fe
e~~l~ a sative plasl eemm,lIIit)' is all tkree stfllta (~elllli! ee"sr el-~."s El ~
~tIIH3IlIg llH'gSf It' I "., , "-.... IlI1 ".sss)
... . p an matena s sa as te mere 6ll:1.ieldy Fe sTeats the lest metllr '
,egelElllslI., SlIeh rs 'fegelatieft sRallepply the standarEls af seetiaR:2 11 f~
Ce~~, ~ElIRS~IlElS a Ejllll8tity efplaatiftgs ffiateRiHg the amellHt efre~~i;s~ PFeSBl'I'sEl
a::. s . egetahes that 'll&S reme'.'ed. The fells,....iflg mi8iffilll8 Bil!es eIlallepply' O~s
g a8 grellllEl 6e-,'*; R'IO galles eh.-u9s; 11 fest high kees "<ita a SS"1lIl fe . ..
SflreaEl ~E1,a E11111 (~&ffieter Ell arellllt hsight) efthros i8ehes:'Prs...iell~ly ele~:~e ..'fI
paraele, . BIeI efRative .,'egetatien, BRall 98 ens1BfIt Rem this reEiliiremeat.
3.9.55.5: Besa !iEle aEJ.l'iealtumlllBes shall ae ,ensffiJ3t s.em tae aBen preser\'atien
Bat Be eewle~ea te .a8Bagrisllltaral a.8"/elapmeBt fer at least tea years. Fer the
fJarfJese eft1us seebeR, the teRR seBa Heel agriealt:u:ral \iSBa Mall iBelllas the
T All/532626.S
AGENDA IttM
No.
182
FEB.l 1 20D4
PI, ;Z f~
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fe1l8'::iag: BFaI' f6isiag; dairy ffmftiag; keRis\llRire; hit mEt Bat J:1FeSaetieR' feFestrj..
, 1.' I ' .
graves; BYfSeftes; RUl&..lRg; pall t!1' and 8g.g pfedllstleJl; U-Jesteelt F&i.siftg; &BEl
agriealtufe fer aaa"/e 9J3eeies Buejeet t8 8tate efFleriela Game ana nesh 'Hater Fish
CaH'lHlissiea pefIBits. Fer 8ft)' SlieR eef1~:8fSi9BS is. less tam tea yeBfB tae eeB'r.'Brt6Q
l~d "ill '8e F~&t9rea -...-4t1i Bath'e -:egetatiBR ta tfie aegree Fe~ea BJ: this Ceae at the
time the ele~Bg eee'tlffed. The eeHllB911itj' 8&".~ele:plfleat ana BH":iremBElntal 8en~ee9
aamiBistfatef_ af mslker desigBee, Hla)' gHlit ,,",'fitte eJ[eHifltism fa the aee''l8
pfes~F\'aaeB reti~8Ifi~ 8a ~eHltlit=&l]y ~efled pf9peI=l?y fer esseMi&1 p1:ls1ie
seMeas (as J1F8..'~uleEi for 18 seet.les. 2.'.9) anElaemetefies, .....!aer8 it eM \:Je
BeRlBRs1FateEl tkat it is iR tke heat inteFest efdte geBeFa1 puhlle fa alle~...' a re6stiea iR
aU af part Rem the re~reRleRt8 fer pFElSen'aaeB sf ereistiag: nath~e veg:etatisa.
3.9.3,3.8. ~JMi?e Pr:eaen's CriteFiR
1..:.!lis1ftifisatist!. }Jati".'e ,'egetatisB tkat is refltlireEl t8 Be pf8s8n'eel pursaant 1e
JS.6.i sheila! set asiae iB a Preserve. ..veas set aside as FJressrves shall he
laheleEl as "PreseF.:e" ea &11 site plB:B:s.
2. Afinimwlft tii1flSJ.si81t8, The miaiM1::1.1R -,,'i&t:k eftke "resen'e sfta.ll eel
a. w:eRtj' ~etJ for prepeft)'less than tsa aeres.
B.aR 8't.'erag:6 efthifl? feet iB \-,'ielth. B1:lt aet less than. RV8f!t)' feet if! ':lidth. .fer
]9repefty e~al ts teB aeres ana less than 1?OBat)' aeras.
e,all a'/emge ef lift)' feet ie wiath ht est Jeos thae tv.'BRI)' feet fer prellert)' ef
t'fJ,'8flty BarBS 8:Bd greater.
3. Cres.ted P;'esen'se. . '}.Qtere GFeatea "resen'ss Sfe af)prr:r'/eli, the landseape plan
BRall Fe areats a aati-..e plant eem.RN:lI1itj' iR aeeerdanee -;,'ita tae -.~egetatiaB sizes
ana stlIRlIaffis oet rertfl. ie 3,9.5.5. The sjloomg ertlle plaets BBlllllle as felle'l,'s:
t"::eaty ta thirty feat ea eeater fer trees -;lit1:t a sm.all sane,,)' (less than 39 ft ffle.tare
SjlrsaeB 8.Ila felty f-eet ee seeter for tfB8S \':itil. a large eanell)' (gFBllter than3G ft
mature spreaa), Bi'e foet 6a aeater fer Sh."1l9S mEt thPee feet BE. aeater fer grB1:lIla
ss','efS, ~18.llt material shaU 'se pJlHlt"E! ie a lRllI".fter that mimies a eatUfal plllHt
6Smn;1HIlt)' ana shall est lle maifttaieeEl as JanE!ssSjliftg. MieiffiIHR oilles for pl8llt
matsnal may Ile reoosed fer S6F11llllftE! etBer llerie Ballilats wBere smaller siile
plants m~erial Bfe lletter saiteE! fer Fe sstalllishmeRt "rthe eati',;e jllant
eemmamtj',
e. .\ppFe'/BE! ersated preserves, iaeBtiiiell ie 3.9.5.5 as mitigated eati'/s
fJre~er;.atiBB, lHay Be usea ts reere&te:
i. 80t mere ths aRe Bere aitae reEfliirer:l flF8seFves ifQ1e JUBf)ert)' has less than
WIeR!)' eeres ef eJdatieg eative vegelatiea.
if. not male tJian ~;;,e aeFes aftae Fetfl:iiFea f1reser.'es ift.ae pFspeftj' Ras eEiuaI
t8 aF gr~ater than pt:eBty aeres 8Bd less t.aan eigBtr aeres sf enistmg aati.:e
Yegelatlse.
o
greater tllaa eigkt)' aeres sf 8,dstiag aaB-:e .:egetatisa.
TAllIS32626.S
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AGEJ<<)A ITEM
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B. The miaHmtm. aim8flsiens eNWl al'"I)' as Bet $eRa in J.9.a.i.~.2.
e. All ~erimeter l~ElBeapiHg &feae i!at are FeEIHestea t8 Be Bpprayeel t8 fulill t:k
Bati":e .:e~etatJeB pfBS8R'"B reEilHfBIR8:Bts shall he Ia.Beled as 'pfeSeR'es Met sk:a
eemp1r ',vIlli an preSF:e seteaeks.
d. Cleated presents en:eeptisBB ~. Be gf8:9tea:
1. .......hes. a State se Feaef61 pePHlit F8ftti.ires 6f8atiea efRati'~e haBitat ell site.
Tae er~atea I'Fe~er,'e Rai8age ma)' fulfill aU af paR efth.eR,*h~e
"e~etatleB r~EJ.~emeat ..7~8B piBSef\'eS are ]!lanteel ..ylitk aU t;ht-ee stfata;
USIBg the enteAB set:fertlt IS. Created ..T)Hlsn's. This eneeptisa'mareB
grantes, reganlless sfili! size efthe prejeet.
ii. ...",'fl,eB sfRa~] iselatea ar88B (arIess thBfl H. BeFe i8 siae) efsaQ'":e ",'eg-etatisB
~Xlt OR SIte. IB eases y:aSFB Nte."ltiBIf af Bali'"l! '~egeta.tieB P8811]t8 ia small
189 .&tea ~e8:S sf K 86fe aF less) preSeFyeS ma)' he planted ~,~.it.a aU three
stF~a; l:1al~ t~e erite,ria set fapt~ iB Cyesled P:"8ser, we BIle altaI] he eFeatea
aaJ~e~at eJusttag R~r:e vegetakea areas 8a site af eeMigue\:l9 te pf8S&rr.fElS
8,ft aajB.eeat 13~l'eme5. This enSe19tisB Ma:,' Be grantea) regaraleas efthe
&&8. efthe JUBjeet.
.,. "!ft' .
111. ,. ~a an assess 136mt t8 Ii J3fsjee( eer.net he releeateel, Te eeRlf'ly -;,~tk
e.hhgater)' health. and Bafe~y .Mandates SHea Il5 reaa SHg'n,nS1it3 FeE:fWeel ej"
the 8tate) presen as ffia-y Be uftpaeted ms 8reatea els61\41ere ea site.
4r R8<fNi,~ S~thssiEfJ Ie ...7?~en'8S, .:\11 principfll sauetufes shall hF:e a miaimHm
23 fee~ setBaelc ,fram the beaRaalY af en)" pFeseP,'e, l.eeesS9F"i struemres ane! all
e!k~r site a~teratleHs sl;allluwe a ~imIl'lllHl.l 9 feet setllaek Hem !lie llewuilll'J' ef
an:) presen e, There shall he Be BRa alteFatisIlB '~lthiB the fIFet 1 9 feet adjae t t
aH" " ' ., " 1.... SR e
, .J r~e~en a 1:lf1:.1eSS 1. ean, ...e ~~8Bstm.ted that it 1-,'iIl Bet advef8ely ~ast tae
IHtegat) ef!liat pr-eeefye. (I.e.. Fill may lie IIjlpre':ea te lle plaeea v.'itltift 1 9 fset ef
taB upland preS6R?'B Inlt may aet be appls":eel t8 he plaeea .....;'itlH:a 1 9 :feet f
\"letlana f'res~:e, l::1I11ess it eM Be aemsBstrateel that it 'Nill aet Eegati-:ely if.B;ae~
!hilt .....etl!U1a.)
J. III', 'e5iV~ Ex:tie reget61t4811 Rellls', '81 Slid .M61illt81l6I1iee Pla~5, Bueae '..egetatieR
remeva an manHeBanee plaas BRan fBEtHH-e that sategsF)' I e;ceties Be feHtauea
fi'eHl El~1 presel'\'es. n.e el(eties .,'..i!liiR !lie alat 75 fset ef!lie euter sage ef e':~FY
presen e ~kall be pR)tSlsaIlr reme';eEl, BF the wee sat aewR te gFaee anti tlle sa
t~eatea '.~th a U.8, Bln'irenmeatal Preteetisa .\.gsas:,' apPFs-.'ea karhie'de ~
"ISlial !Flles d"e 11""1' Ii g I' '.L' L 1 aH a
. J t-'r IS, us leB \':1_118 tlxJ8 iatense sf the Jueserve May 1:1e
appra"/ed 1a he tfeated is plass, if it is aetePRliasa that pRysisBI rems\'BI might
eat:l9~ mere a~~ge t9 the Bath'S Y0getatisB in the prese~'e. V.{fleB f)rshihited
enstlE! ":eget~ti0:A IS re.m.e~/eel, \:IN.t the hase stilie .:egetatisR rem.aift.s tfte has8 ShaH
h~.~reateEf ",V-ltfl an U,S, Ba-:ifE)~eataI Prateetiea ~A...geBey 8:fJflra-led hereieiele ana
a ,ISBa! (raser Eire aliell 1:18 apphee Enaties n'iallil the ime . f th
" ' .. ~~ 7~-ner a~ ~e preserve
m.~~,--~e appF8"f.'afi t8 ~e keated is plass, if it is aete:FHliael! that ~ll:,~iee1 remeya]
-~. .L -<, ., .. ", >eR AGEN:lAIT1:M
,. :; L ~..
r ~
.
TAliIS32626.S
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FEB' 1 1 ''''"h
'LI.I....1
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the ease &ball he treateEl "::i.th 8B U.s. :8,rMeameatal Preteeti8R .:\geaey apprs,'eel
aeFhieiae Ed B ~isl:lal tmaM aye skall Be applied.. /t.. maHlteBanee plan akall 98
implemsateEl ea a yearly liasis at B minimum. at lBare freEt'l8f1tly '1.ilea FeEtQifea te
efi'eetb:ely saRtrel Busses. BREI skatl dessaee &pasUia teeh.-HEfti8a te pFfWeRt
reia":asieB h)' pFehihitee ensae 91egetatiea eetke site iB pefPs1:uitj'. The pIe sRaH
he appFe"/sd prier te the issaenee af any fR1811esal ae~:elep!Beftt ereler.
5. EJEeIUj1tis1t!!:. ':\.l'plieatisBS fer aevelspmeat BrsefS aut88Rzmg site impFs"IBmeats,
i. e., BI1 EDP aF PEP and 8R a ease 9)' ease Basis a PEP I diat ar-e suemi1:tea an.a
aeemBa safBeieat paer ts J:lH!e 1 G. 2993 are Ret FeE{1f:ir.ed t8 eemply -.vith tile as",1'
regalatis:es m seetiea J.9.S.3.€i. aElepteEl eft J-\ill8 Iii. 2993.
3.9.9. REOUlREMENT FOR REMOVAL OF PROIDBITED EXOTIC
VEGETATION.
3.9.9.1.GENERAL
A. Prohibited exotic ve!!etation removal and methods of removal shall be conducted
in accordance with the specific provisions of each local rlevelonment order.
B. Native ve!!etation shall be protected durin!! the process ofremovin!! prohibited
exotic vegetation. in accord with the provisions of Section 3.9.8.1.
C. Prohibited exotic ve!!etation shall be removed from the followin!! locations. and
within the followin!! timeframes:
I. From all ri cl1ts-of-wav. common area tracts not prooosed for develooment.
and easements prior to oreliminary acceotance of each phase of the
subdivision improvements.
2. From each phase of a site development plan prior to the issuance of the
certificate of occupancy for that phase.
3. From all!!olfcourse fairways. rou!!hs. and adiacent open space/natural
preserve areas prior to the issuance of a certificate of occupancy for the first
pennitted structure associated with the !!olf course facilitv.
4. From orooerty orooosin!! any enlar!!ement of existin!! interior floor soace.
paved oarkin!! area. or substantial site imorovement prior to the issuance of a
certificate of occuoancy.
D. In the case of the discontinuance of use or occuoation of land or water or
structure for a oeriod of 90 consecutive dayS or more. oropertvowners shall.
orior to subseauent use of such land or water or structure. conform to the
rel!Ulations soecified bv this section.
E. Verification of prohibited exotic ve!!etation removal shall be performed bv the
development services director's field representative.
F. Herbicides utilized in the removal of prohibited exotic ve!!etation shall have been
approved bv the U.S. Environmental Protection A!!encv. When prohibited exotic
ve etation is removed but the base of the ve etation remains the base sha
treated with an U.S. Envirorunental Protection A enc a roved herbicide
visual tracer dye shall be aoolied.
d a AGENDA ITEM
No.
T ALflS32626.5
185
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3.9.9.2. EXOTIC VEGETATION MAINTENANCE PLAN. A maintenance Dlan shall
be submitted to the develoDment services director for review on sites which reauire
Drohibited exotic veltetation removal mior to the issuance of the local develoDment
order. This maintenance Dlan shall describe sDecific techniQues to Drevent reinvasion
bv orohibited exotic veltetation of the site in Deroetuitv. This maintenance Dlan shall
be imolemented on a vearlv basis at a minimum. Issuance of the local develooment
order shall be contimzent UDon aDoroval of the maintenance olan. NoncomDliance
with this Dlan shall constitute violation of this division. The develooment services
director's field reoresentative shall insDect sites Deriodicallv after issuance of the
certificate of occucancv. or other final acceotance. for comoliance with this division.
3.9.9.3. APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS ON
SINGLE-FAMILY AND TWO-FAMILY LOTS. In addition to the other
reQuirements of this Division. the aDDlicant shall be reQuired to remove all
Drohibited exotic veltetation before a certificate of OCCUDancv is granted on any new
DrinciDal or accessorv structure and any additions to the SQuare footalte of the
DrinciDal or accessorv structures on simtle-familv or two-family lots. The removal of
orohibited exotic ve!!etation shall be reQuired in Deroetuitv. Uoon issuance of a
veltetation removal oennit. Drohibited exotic veltetation may be removed from lots
which are zoned residential sinltle-familv IRSF)' estates (E)' villa!!e residential /VR)'
and mobile home MI). orior to issuance of a buildinlt Dermit.
3.9.10 REOUlRED PERMITS AND NOTICES
3.9.10.1. VEGETATION REMOVAL PERMIT
A. OTHER PERMITS REOUlRED. No vegetation removal oennit or final
develoDment order authorizin!! site cleann!! or site imDrovements shall be issued
bv the develoDment services director until all aoolicable federal and state. and
County aDorovals as desilmated bv the develooment services director have been
obtained. These aoorovals may include. but are not limited to:
I. Buildinlt cennits. (ExceDt in accordance with section 3.2.8.3.6. of this Code.)
2. Soecial treatment (ST) develoDment oermits.
3. U.S. Army Coros of Enltineers Dennits or exemotions.
4. Florida Deoartment of Environmental Protection Dennits or exemDtions.
5. U.S. Fish and Wildlife Service Dennits or exemotions.
6. . Florida Fish and Wildlife Conservation Commission Dennits or exemotions.
7. South Florida Water Manaltement District Dennits or exemDtions.
8. Other aDolicable altencv reviews or oennits or exemotions.
9. Other county aoorovals.
B. APPLICATION CONTENTS. Aoolication for a ve!!etation removal oermit shall
be submitted to the develooment services director in writinlt on a fonn orovided
by the develooment services deoartment. The aoolication shall include the
followin!! infonnation:
AGOI>A
No.
T ALIIS32626.5
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1. A generalized vegetation inventory which includes:
a. Generalized vel!etation inventorv sUDerimDosed on a current aerial. A
generalized vegetation inventory shall show the annroximate location and
extent of vegetation on the site. The inventory shall be based unon the
most current available information. The inventory shall be in the form of
an aerial or a field survey. and may be accomnanied bv nhotoE!I'aohs or
videotaoes illustratimr tvoical areas of vegetation referenced to nositions
on the aerial or survey. but shall clearly indicate habitat tvoes and
nrotected vegetation. and may be accomoanied bv ohotol!I'llnhs or
videotanes illustrating tVlJical areas of vegetation referenced to oositions
on the aerial or survey. The generalized velZetation inventory shall be
oretJared in some manner which clearly illustrates the relationshios
between the areas ofvelZetation and the nronosed site imnrovements.
b. Generalized. written assessment and evaluation. The lZeneralized
vel!etation inventory shall be accomnanied bv a brief written assessment
of the nlant communities which have been identified on the site. The
assessment shall include an evaluation of character and Duality of the
nlant communities identified. including their rarity. viability. and such
other ohvsical characteristics and factors that may affect their
oreservation. The inventory assessment and evaluation shall be oretJared
bv a oerson knowledgeable in the identification and evaluation of
vegetative resources. such as a forester. biolol!ist. ecologist. horticulturist.
landscaoe architect. or certified nurservrnan.
c. Reasonable additional information. The develonrnent services director
may reauire that the annlication include such additional information which
is reasonable and necessary for adeauate administration of this division.
.
2. A site nlan which includes:
a. Pronertv dimensions.
b. Location of existing infrastructure and alterations.
c. Location of orooosed structures. infrastructure and alterations.
d. The location and snedes of all orotected vegetation. Large stands of a
single'snecies. such as CVlJress heads. may be indicated as a E!I'oun with an
aooroximate number or area.
e. Designation of all nrotected vegetation nronosed for removal.
f. Location and details of protective barricading of the vegetation to be
retained.
g. Description of any proposed alteration of manE!I'oves.
h. Description of any proposed maintenance trimming ofmanE!I'oves.
3. An executed statement which includes:
a. Name. address. and ohone oforopertv owner.
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b. Name. address. and ohone of authorized aeent and on-site reoresentative.
c. Proof of ownershio.
d. Leeal descriotion.
e. Reason for proposed removal.
f. Method to distinl!Uish veeetation to be removed from veeetation to be
oreserved and method of removal. It should be noted that the root svstem
of the vel/etation shall also be orotected.
1/. Shmature of orooerlY owner or coov of a soecific contract sil!l1ed bv
orooertv owner.
~ g, REVIEW PROCEDURES.
3.9.819.1. Issuance of permit. Based on the information contained in the
application and obtained from the on-site inspection, the development
services director, and fer man&ys9:e altsfaB9B pemrits the aatI:IJ:&l reS91:1:fe6S
llireeler may approve or deny an application. An approved vegetation removal
permit is valid for a period not to exceed 180 days el<ellj!t far l!loagFave
alteraasa. Mangrove alteration permits shall be valid for a period of five years
from date of issuance, or date of issuance by the Florida &Department of
e;Qnvironmental fJfrotection. An extension requested prior to expiration of the
original permit may be granted for good cause shown upon written application
to the development services director aali far ffiangreye akeratiea !le_itG the
aalm!:,' manager ar his liesigaee. The development services director &BEl for
mangre"le alteratieH permits tHe eeWlt?j' manager aT hia desig:aee may attach
conditions to the permit relative to the methods of designating and protecting
vegetation not proposed for removal. A violation of these conditions shall
constitute cause to void the vegetation removal permit.
3.9. I 9.2. Denial of permit. In the event an application is denied by the
development services director, the reason(s) shall be noted on the application
and returned promptly.
3.9.19.3. Permit fees. All vegetation removal and agricultural clearing permit
applications requiring review and approval shall be charged a review fee
ml13sB spesifieall)' 8nempted hy the a8y,'slepmeat seniees eliFeetar J31irBuent t8
this Cede. The B88f6 sf eSWlt)' semm.issiea8fS allan estahlish ana aeapt, BY
reselutiea, a seasehde af foes far ".'egetatiell r8me";al, F8":i6'".7 aner appre":al
!lBffilits; The sehedule af feeB Mli the reselutien estrmlismag suell. fees shall
Be aa !ile '.vitll the slerk te the !laard. The s6heElule affees may Be 611aageli as
established by resolution of the hBoard of e~ounty ~oIIUnissioners.
3.9.19.1. D, VEGETATION REMOVAL PERMIT EXCEPTIONS
2.9.19, 1.1. .\ .:egetatisB rems.,'sI fee is oot T-e't-uirea te Feme'?e tile fells',.;iag
prxehihiteel 8uetie -:egetatisB Rem Ele':eleped pEepeR)' aF 1ftJm
l:lflae7eJepec4. p:repeftj' after a \"sgetaaell rsme-,tal peFFRit has BeeR iss\:lea:
(I) t.aslralian !line (Cll6uarina llj!]l.).
AGENOA ITEM
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(2)
(3)
(4)
(5)
(13)
(7)
(8)
(~
(19) .<!clr )latllta (Die8earea slilBifefa).
(11) Lather loaf (CelllsR.>9. asiatiea~.
3.9.19..1.2. 1. Except for lots on undeveloped coastal barrier islands, and any
project proposing to alter mangrove trees, a vegetation removal pennit for
clearing one acre or less ofland is not required for the removal of protected
vegetation, other than a specimen tree on a parcel of land zoned residential,
single-family (RSF), village residential (VR), amculture (A) or estates (E), or
other nonagricultural. non-sendine lands. non-NRPA. noncommercial zoning
districts in which single-family lots have been subdivided for single-family
use only, where the following conditions have been met:
fB ~ A building pennit has been issued for the permitted principal structure
(the building pennit serves as the clearing permit), or
~ b. The permitted principal structure has been constructed, and the property
owner or authorized agent is conducting the removal, and the total area
that will be cleared on site does not exceed one acre.
1Ft
Msllllell611 (MelEllalisa Iljlll.)'
BFlli3i1ilUlllellfler (Somalls terelliffilUfelill6).
Eadeal aGaeia (,.A.saeia auri&\llifeHB:i~.
Catehr:,' mimBsa EAfim8BB pigra~.
Jl1'.'a )lllllH (Ej'l!)"gill1R sllllliai).
Det".!fl)' FBS!ffi)1ile (Rkees:m.)lftae temeBtesHB).
,.,.remeR'S tSBgli8 (.AlI3~ia IH1"eeelt).
ClilRsiBg rem (L)'geelilllR Iljlfl.).
3.919.1.3. ..". "/egl2ltaasa refA.ei~l permit is Bet feij1:lirea fer the rem.e".'al ef":egetatiSB
ether tk:an a sfleeimea tree Rem lirsl'srt)' eaBed agne\-llt:1JFe (~A...) ","Bere tile fene~..;iHg
eoaelitiens ha,'s BeeR met:
(l)Tke prsl3eR)' is te be HaBS fer a eB8B .Fiele agrieaIM'aI1:lse as aeHBea br this Cese
&Rei applieatisR fer Em agaea]Rif&I e]eanag ~erm.it has BeeR files y,'itk and
appre~:eeI BY the de"'/elepmeBt serda!!! aireeter prier fa 1:88 rem.e~.'al sf aB)"
pr-eteetea "'/egetatie:a p1:!fSliant t8 this Cese,
3.9.19.1.1.2. A vegetation removal pennit is not required for the removal of
protected vegetation other than a specimen tree, when a site plan and
vegetation protection plans have been reviewed and approved by the
development services director as part of the final development order.
3.9.19.45.3. A vegetation removal pennit is not required for the removal of
protected vegetation ateer telUl a 911eeilReR kee from the property of a Florida
licensed tree fann/nursery, where such vegetation is intended for sale in the
ordinary course of the licensee's business and was planted for the descri
purpose.
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3.9.19.1.li..1 A vegetation removal permit is not required for the removal of
protected vegetation other than a specimen tree by a Plorida licensed land
surveyor in the performance ofhislher duties, provided such removal is for
individual trees within a swateh swath that is less than three feet in width.
3.9.1Q.4.7. !{angre"18 altefiBeR prejeets taat &fe 8nsm.13ted fFsm FleriLk DepartFaeftt
efBw1Henmeatal PreteetisB }lemHt FeifUwemeats 1:Iy Fleaea ..\Qministfath'e Cede 1'7
321.9Bg art! eJCeB!t:pt ifem pfeSer1'atisB staa8Bfes fer the lBangre..~e trees.
3.9.19,4,E. The Callier CaHRty 191ar..,jag gemmissiee. ma:,' grant Ii "manee t9 taB
j:JFe".'iSiSRS efthis seedeR if eSRl]9lianee ",yitk the Rla&gf8ve tree pFeBEW/&tisa
stanaares eftffis aivisiea ":/e1l1s impese Ii uBiLiae ana HIU1eeessary hm:aship 8a the
9'.?f1er aF 8ft)" etker parses ia samra! sf affeeteEl pF9]9~'. Relief Baal] lJe gFB..Dtea
9al)' upSB. aememf:fatisa by tae lanElev.!flef aF affeetea 'UlA:j' tkat slieh BafEI&hip is
pesuliar t8 tfte arrestee preperty and flet self impeseel, and fuat the gFB..Dt sf a
~:ariSRee .....ill ~e eSMisteRt .....1th the iateat afthis fihisisa llIla the gTS,:.of..h
HlB.ftElgemeRt plan.
3.9.1 Q.1.9. 5. A vegetation removal permit is not required for the removal of
proteCted vegetation prior to building permit issuance if the conditions set
forth in section 3.2.8.3.6 have been met.
6. A vegetation removal Dermit is not reouired for the hand removal of
Prohibited Exotic Vegetation. Mechanical clearing of Prohibited Exotic
Vegetation shall reouire a vegetation removal Dermit. Mechanical clearing is
defined as clearing that would imDact or disturb the soil or sub-soil lavers or
disturb 'the root svstems ofDlants below the ground.
J.9.e.e.l0.2 AGRICULTURAL LAND CLEARING.
A. LAND CLEARING PERMIT. A permit for clearing of agriculturally zoned
land for aBaB iiee agricultural uses that do not fall within the SCODe of sections
163.3162 (4) or 823.14(6). Plorida Statues. 1I5 aefiaeei by !hie eeae, shall be
required for all agricultural operations except as exempted by seetiaR 3.9.8.3.8 of
tftis CaEle 6 below..
3.9.li.3.1. Application. 'An application for an agricultural clearing pennit shall be
submitted in the fonn established by the development services director.
Silviculture operations, as defined by this Code, shall require a management
plan prepared by a forester or a resource manager (e.g. division offorestry,
private or industrial) as part of the application. An application fee in an
amount to be detennined by the board of county commissioners shall
accompany and be a part of the application. The following conditions, as
applicable, shall be addressed as part of and attachments to the agricultural
land clearing application:
8-t a. If an ST or ACSC-ST overlay is attached to the zoning of the property,
an ST development permit has been issued by the development services
director. The ST or ACSC-ST permit review shall be in accordance with
Collier County Land Development Code division 2.2, section 2.2.24flU AGelOA ITEM
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may be simultaneously reviewed with the agricultural clearing pennit
application.
~ b. The application, including generalized vegetation inventory and
clearing plan as outlined in sections 3.9.1.2.1, 3.9.1.2.2IlRR 3.9.1.2.3,
3.9.1O.I.B.1 and site visit (if required) confirm that the proposed use is
consistent with the requirement of the zoning district as a bona fide
agricultural use and the applicant has been informed -of the rezoning
restriction which granting the permit shall place on his property.
~ Q, The applicant has obtained and produced a copy ofthe South Florida
Water Management District (SFWMD) consumptive water use permit or
exemption, if required by SFWMD.
t4j d. The applicant has obtained and produced a copy of the South Florida
- Water Management District surface water management permit or
exemption, if required by SFWMD.
~ e. The applicant has obtained and produced a copy ofthe United States
Anny Corps of Engineers (ACOE) pennit or exemption, if required by
the ACOE.
W L. The applicant has submitted data relating to wetland impacts and
protected wildlife species habitat subject to Collier County growth
management plan, conservation and coastal management element policies
6.2.9.6.2.10 and, objective 7.3 and associated policies and Collier County
Land Development Code division 3.11. This data will be required only
when the county's on-site inspection indicates that there are potential or
actual impacts to wetlands and to protected federally and state listed
wildlife habitat.
f+f g. The property owner, or authorized agent, has filed an executed
agreement with the development services director, stating that within two
years from the date on which the agricultural clearing pennit is approved
by the development services director. the owner/agent will put the
property into a bona fide agricultural use and pursue such activity in a
manner conducive to the successful harvesting of its expected crops or
products. The owner/agent may elect to allow the subject property to lie
fallow after completing the bona fide agricultural use, for the remainder
of the ten-year period required by seetieB 3.9.8.5(g) h below. If the
clearing is expected to occur over a period greater than two years. this
will be stated on the application and may be addressed as a condition on
the agricultural clearing permit if determined by staff to be appropriate.
f81 h. The property owner, or authorized agent, has filed an executed
agreement with the development services director stating that the
owner/agent is aware that the Collier County e!!oard of e.!;;ounty
e.!;;ommissioners will not rezone the property described in the agricultural
clearing permit for a period of ten years from the date of approval e IttM
agricultural clearing permit by the development services director, lessNo.
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for any such conversions in less than ten years, the converted land shall
be restored with native vegetation to the degree required by this Code.
3.9.11.2. Determination of completeness.
a. After receipt of an application for an agricultural clearing permit, the
development services director or his designee shall detennine whether the
application submitted is complete. All applicable conditions specified in
section 3.9.~.1 above must be addressed in order to obtain a
determination of completeness. lfthe application is not complete, the
development services director or his designee shall notify the applicant in
writing of the deficiencies. No further steps to process the application shall
be taken until all of the deficiencies in the application have been met. In
addition. A detennination of comoleteness or a modified determination of
comoleteness mav be made in accordance with the followine:
b. Where the applicant submits, as part of the application for an agricultural
clearing permit, a copy of tile completed application for a SFWMD
consumptive use permit or exemption, for a SFWMD ~urface water
management pennit or exemption, or feI' an ACOE pennit or exemption,
as applieaele, a modified detennination of completeness may be issued
providing that said permits or exemptions are not necessary for further
eQounty review and providing that all other deficiencies in the application
have been addressed.
}.. aeteHH.iRatioR of estiBj:tletea.ess SF a meeiJiea determiaB;ties sf eSlTtpleteaBsB
shall Be millie, iR 'Nfitiag, ....~thia tea 11ll5iReos da:,'S ef reeeijlt ef the
8empletea &fJplieatiaa.
3.9.65.3. Criteria for review of application. Review ofthe application for an
agricultural clearing permit shall commence upon issllllflee ef the
detennination of completeness or modified determination of completeness
lIIldsaaIllle eeHlflleted witllia 2Q Bllsiaess days ffelB the aate sf isslllHlee ta
tae appliemt €If Ii &etscmiaatisa sf eempleteaess 81(Sept .,.lftere aelffitieaal Elata
ana SF i:e:EeFHlatieB is rSEJ.uireEl te adElress eli.lifElnmsBtal impaets. ','%ere SliGR
adelitieIial Elata anti eF in-fermatiee. is rsEIUireEl, staff skall aa.1B tea Basiness
BEl-j"S t8 eemfllete reviey,",/ aftke afJ~IiGatieR afterreeeipt afsairl ac:iditienalliata
IIIld Sf iafermaaea €rem tlle ap!llieant. The following criteria shall be utilized
by staff in reviewing an application for issuance of an agricultural clearing
pennit:
1. A aetelmiaaaea af sempIetef16sB Sf a medifiea aeterminatisFJ. af
GGlm:pletee.ess has BeeR issaeef te t-ke apJ3lisant.
~a. An em-site inspection has been made by staff, if indicated.
~b. Environmental impacts, including wetlands and protected wildlife species
habitat(s) shall have been addressed in accordance with the requirements
oftne Collier County growth management plan and the Land Develop
Code, as may be amended from time to time.
AGENDA Ilt:M
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c. Additional data and or infonnation required by the ~ounty to address
environmental impacts shall be submitted by the applicant upell VlTi~ea
rS~liest by staff. SlieR rS~liest shall 'as seat 'aj' eeFliasEl mail, RltuRl reesijlt
rsEtti8stel:i. Sush. aaditi8Ba.J. data aBEt ar iBfsmatiea &Ball Be Bli1:nnittel! ta
tae eellftty 9)" the apl'lieant "."/ithia tke 29 EIaj' fedev: peries speeifiea iR
seeaea 3.9.fi.3.3 ahei.~e aF the appJieatieB fel' B1l agriea.ltHTal eleariBg
pemtit sRall Be eleRieEl wHSSS the 8fJplis9.Rt aas petitisBea the eelHlty ia
.,','fitiBg fer an eKteBsisa arame.
3.9.6.3.1. Issuance of permit. After an application for an agricultural clearing
pennit has been reviewed in accordance with seetiea 3.9.65.3 above. the
development services director or his designee shall grant the pennit, grant
with conditions or deny the pennit, in writing. ....~tbill toa Blisiness ElaJ'S ef
reeeb:iag a esmpleteEl Eijlplieatisa fer 811 agFisalf:um.l elearing pePEBit. Fer
p1::lI'f1oses efthis seetieR, an. applieatisB fer an agFiealtafal elear.ng J3Br.fftit
sh.all Bet B8 semplet! lHltil all applieaele eeRsitisll5 speeifisel iB sesaeR
3.9.8.5:1 BFe 8Ehlfess8s 8:Bi ettaelteel 18 taB ~pliealian, iBShuiiRg apf1lieaele
jlcfffiits eF enBlftjltisaB frem tlte EFWMI> er .'.COB. Where the agricultura1
clearing pennit is denied, the letter shall state the reason(s) for said denial.
3.9.6.5.5. Renewal of agricultural clearing permit. An approved agricultural
clearing pennit is valid for five years and may be automatically renewed for
five-year periods providing that a notification in writing is forwarded to the
development services director at least 30 but no more than 180 days prior to
the expiration of the existing permit and providing that the property has been
actively engaged in a bona fide agricultural activity ia BeaaFallllSe witlt t!ie
r8!jllirc~1lH1s efBaetiaa 3.9.6.58.1 efthis CaEla. Such notification shall state
that the applicant is in compliance with any and all conditions and/or
stipulations of the pennit. A violation of penn it conditions shall [be] cause to
void the agricultural clearing pennit. Applicants failing to provide notification
as specified herein shall be required to submit a new application for an
agricultural clearing pennit.
3.9.6.5.6. Exemptions for 81!rlcultural clearlnl! nermit.
-ha. An agricultural clearing pennit is not required for operations having
obtained a pennit under Ordinance No. 76-42 and which can demonstrate
that an approved bona fide agricultural activity was in existence within
two years of the pennit issuance date, or for operations which can
demonstrate that a bona fide agricultural activity was in existence before
the effective date of Ordinance No. 76-42. Such demonstrations for
exemptions may include agricultural classification records from the
property appraiser's office; dated aerial photographs; occupational license
for agricultural operation; or other infonnation which positively
establishes the commencement date and the particular location of the
agricultural operation.
~b. Upon issuance of an agricultural clearing [permit] or as exempte
activities necessary for the ongoing bona fide agricultural use and
OV~A IttM
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maintenance shall be exempted from obtaining additional agricultural
clearing permits for that parcel providing that the intent, use and scope of
said activities remain in accordance with the ongoing agricultural clearing
permit or exemption. Ongoing bona fide agricultural activities that qualify
for this exemption as described in this section may include but are not
limited to clearing for, around or in dikes, ditches, canals, reservoirs,
swales, pwnp stations, or pens; removal of new growth, such as shrubs or
trees, from areas previously permitted or exempted from this section; fire
line maintenance; approved wildlife food plots; or other activities similar
in nature to the foregoing. Fences, buildings and structures requiting a
building permit shall be exempt from an agricultural clearing permit but
must obtain a vegetation removal permit.
~ c. No agricultural clearing permit shall be required for protected vegetation
that is dead, dying or damaged beyond saving due to natural causes also
known as acts of God prB':iElillg orovided that:
!hill The development services director is notified in writing within two
business days prior to such removal and the county makes no objection
within said two business days;
lr.ill The tree is not a specimen tree;
e,Q1 The vegetation is not within an area required to be preserved as a
result of a required preservation, mitigation or restoration program;
&.ill The parcel is currently engaged in bona fide agriculture, as defined
by this Code.
~ No agricultural clearing permit shall be required for the removal of
any vegetation planted by a fanner or rancher which was not planted
as a resultofa zoning regulation or a required mitigation or restoration
program.
B. LAND CLEARING NOTICE. No later than 60 davs orior vegetation removal
as oart ofal!ricultural operations that fall within the scope of sections 163.3162(4)
or 823.14(6), Florida Statutes. the orooertv owner shall orovide notice to the
environmental services director that the removal will occur. Said notice shall
include the following infonnation:
I. a legal descriotion of the land cleared. or such other descriotion as is
sufficient to document the soecific location of the cleared land:
2. the date on which land clearing will begin:
3. the date on which land clearing is expected to be comoleted:
4. a vegetation inventorv identifving the acreage of existing native vegetation on
site prior to anv site clearing: and
5 a signed agreement acknowledging the 25-vear prohibition on the creation of
TDR Credits from land cleared for a . cultural 0 erations after June 19
as set forth in Section 2.6.39.3.D.2: and
AGEf<<)A ITEM
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6. if the land is outside the RLSA. a sil!1led agreement acknowledlZulIz that. if the
land beimz cleared for al!riculturaI ooerations is converted to a non-
lIIrriculturaI uses within 25 years after the clearimz occurs. the DroOerlV shall
become subiect to the reauirements of Sections 3.9.4 through 3.9.6. as
orovided in Section 3.9.3.1.C.
3.9.li.li.
3.9.li.li.1.
Rel:ll:lH=efBeat for reme~:aI efpt=elHsiteEl snstie ~;egeta9.eR.
PFeliihitea BHetie -:egetatiee FeHle..~al ana methe8s sf rems":a:I shall B8
eSBsaetea in aeeaFdanee -:,'itlt tfte speeifie pfs-/isieBB regarEH8g pPahihiter!
exetie vegetatieB rems"laI is sash leea! Elw/elepm.8ftt 8rdef.
PFatesBea efBati-:e '..egetatieB, aeeeraiag t9 the appIieaeJe pFe\t.isiens sf
this aj-,'isiea seall he FeEjuifea dlWing pFekieited Bleaue -,'egetatisB reRls-,'al.
Prehisitee 8nstie -:egetatieB Baall ae feme";ea:
(1) FFElffi all Agate sf \"/8:", eeRml9R aFea !faets Bet prepesea fer
ae"','elepRleat ana eaSBmBats pRsT t8 fJPeHn=1iBsr}' aes8l9tanee sf the
J1Rye eftHe FeClait's.! 91iBSi-,isiea im:ppai'emeats;
(2J F-rsm .....'ithiB the asseeiatea phase eft-ke HsaIsite de'le]spmeftt plan
prier t8 the issaanee af a seftiae&te sf eeel::lpans)'.
(3J F-fem. all gelf ElEllHSe fain9:ays, r8\ighs. and adjaeeat apea
spees/Baturel preSBf"'\'e 9:feas J3risr te tHe iSSl:lBBee efa eeFtifieate sf
ses1:IpBney fer thB RMt peflTlitied stnletl::H'e assaeiateel ....:ith tile gelf
eaaFSe faeiIitj';
3.9.U.J.
3.9.U.3.
(4J Fraffi fJFefJeft)' 13feJ38siag any ea]8:fgelfleAt sf euist:iBg intePier f.leer
epaee, 13&"/88 J'aflting area, SF sll9stantia-l site iH.l:f3fe.;emeat;
(5] T:R the ease sfth! eisesatiJ:numee efass aT eeeapatieR BrIana ar
\\'eter ar stn:Jetufe fer a perise! 6[99 eSBsesati":e says Sf mare.
f1raper-tj' e'.)~eFS skalI, f'rier t8 sW:JsBEfli6at lise sf SliSR IB.Ha ar
"sater aF stru.etl:lre, eSBfefffl tel tae fegu]atisM 9j3eaified BY this
seetise..
3.9.~.~.1. V8fiasatisB efprehiBiteEl Bnstie .:egetlltiea remeval Baall Be peFfeRRea er
the es'/elepmeat sBfyiees Eii-Feeter's fielel f6J:Ir8SBBtati.:e.
3.9.8.6.1.1. Her13isieIes atilizea ill the rsme.;aI efpremeitea el(stie ":egetatisB SHall
Ra-'l,'e BeeH appre";ea BY tae u.s. Ba::irenm.eataJ Preteetiea AgeB6j'.
3.9.a.li.4.2. Ren JlrehieitsEl sJ(stie ':sget&tien is r-tlHlsveEl, allt tae ease ertas "iegetlltisn
remains. the ease shall ae ~ea:ted '.:itk flft U.S. EB-:irenmeRtaI PTEJteeti0R
~ALgea6Y apprs'/es herBieiele ana a .,'jayeI waeer 8jre saaIl Be applies.
3S.a.a.S. ~\. m.aiateBanee plan shall se 61.iBffiittea ta the ae~:ele'pJfleat seryiees
direeter fer re':ie"y 8a sites ":,'hiek rSElliire }3fehieiteel eJ(stie .,'egetatiOfl
reFHo9:al prier t8 the iSSHaBee eftlie Ie sa! ele.:elepmeat aFaef. 11Hs
mafateaaaee fthm saall aBaSHee s]3eeifie teehniqa8s te j:lreveat reiB~:asieB
'L . . . . L'.I " ".
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3.9.11. ENFORCEMENT
3.9.&.811.1. PENALTI?IM.
A. FINES.
1. The failure of a property owner or any other person to obtain an approved
agRellltuFal eleariRg permit as required in aeetieR 3.9.8.1.3 this Division shall
constitute a misdemeanor and each protected living, woody plant, constituting
protective vegetation, removed in violation of this Code shall constitute a
separate and distinct offense and upon conviction shall be punished by a fine
not to exceed $500.00 per violation or by imprisonment in the county jail not
to exceed 60 days, or by both such fine and imprisonment. In addition to or in
lieu of the penalties provided bv general law for violation of ordinances. the
board of county commissioners mav bring iniunctive action to enioin the
removal of vegetation in violation of this Code.
2. The failure of a property owner or any other person. who obtains an
agricultural clearing pennit or provides notice of agricultural clearinl!
pursuant to Section 3.9.10.2. to put the subject premises into a bona fide
agricultural use as reEjllH-ea in aeolieH 3.9.8.5.1(7) shan constitute a
misdemeanor for ',.ofiieh the agflealt1li'll1 eleanag jlBRRit waB appre'/aa BY tho
asvslsjlfIIsBt serv,iees aireeter and each protected living, woody plant,
constituting protective vegetation, removed in violation of this Code shall
constitute a separate and distinct offense and upon conviction shan be
3.9.8.8.8.
3.9.8.7.
T AL#S32626.S
'1A
leeal a.er,telepmsat BFser shall 138 8eatiRgeat HfJ8B appre,'al sftke
mmtKeBanee plan. l>TeaeempliBBee .,yitk this plan skaIl eenst:itute 7ielatiea
efthis EIi-,dsieR. The Els.:elepmeat serviess diresiste field repres8fttati...e
sRall iRspeet sites psfieaieall)' a!ler issYmlse sf the eRaSa!e sf
eesHpEU1sy, aF ataer fmel aeeeptanes, fer eempH&:Bee .....,ith this aiyisisR.
In atielitisB fa tHe ether J=eEftiiremeBts eftfHs elh4sisR, tke applieBAt SRaIl Be
reijldrea t8 f8fflS?e 88 si:agle f6ffl.ily &Bet w.-e family]ats fer &11 Bar.,'
pRssipal SF assessee)' sauetufes BRa !Rajer aElElitisB5 te ~'P:ABSipal er
aeeesser;i swaMes, 8.11 prehHlitea snags "legetatisa sefere a eeJ1iiieate sf
eesapansy is granted. The reats"l&1 efpFElhihited eHatia ''/egetaa8a s&all ee
re~ea Hi peppetl:lity. Upsa issliaase sf a ":egetBtisa remsva-l peHeit,
prshieiteEl enstie -:egeta.tiSB mar Be rems":ea .&aRtIsts ",,,mea are zaaea
resieleatiBd siagIe family (RSF), estates (E), -:illage rssideatial (\~), and
FReeila Beme (~fi.l), prier 18 iesy.anee efa BailEtiRg peHHit.
Desiga.aaea. sf ~eeiffieB a:se.
Rr feselatisfI. eftlis Callier Csmty BaaAi efCsl:iHlt, CeFIHBissisBers, a
plant mEr}' Be designated a apeeimea tree heaaase srits kisterieal
aigaifieaaee, f8ritr in Cenier Caunt)', age SF entraarEiiB8fJ' size. ~A.. p1:lblie
Jaea.ABg shall be Beld ",yith aetiee J3Fs":idea t8 tae JlFepe~" s':,'fler hy
eertifieti mail. The Elesigaatiea skatl ae laeeNee is tae efiieial reeeMs ef
the elelk efthe eirsait sam. .AJ} reseraiag fees afe ta! respOBsieilitj' of
t~e Callier Cean!)' :Beara sf Calmt)" CemmissieaefB.
AGENOA iTEM
No.
196
FEB .1 1 2004
pc. ,z,z,yI
'l~
punished by a fine not to exceed $500.00 per violation or by imprisonment in
the county j ail not to exceed 60 days, or by both such fine and imprisonment.
In addition to or in lieu of the penalties provided by general law for violation
of ordinances, the board of county commissioners may bring injunctive action
to enjoin the removal of vegetation in violation of this Code.
J. l.nrpef88a \'iel&t:iag anypt=eviaisas efthia Cese SF the eSBeHtieas efa fJeanit
iSSliSd aSrel:lBaSF, BREI Ret speeiieallj' severes ia BaBseetiea (1) and
SYBSeeaSB (2) af this seetieR, Baall esastitllte a aHsElememar and sask
pf0teeteet li"..ing, ~::eBdr plant, eSBstitutiag ]3P9tees.,'e 9/egetatisB, rBffie"fea in
.,'ielatieB aftfiis Cede skall esastitate a sep8f8te ana distills! SifeRS! and apea
ee~;ietieB saall Be plHlisheEl h)' a fiRS Bet te Bussed $SQ9.99 per ":ielatiea SF
'by impRseameRt in tke eS1:U1f.j" jail Bet te Bnseed (;g elai~. SF Bj' B8tH slieR HRe
ana impEssnmeBt. IR aasitieB te eF iB Hey seth! pea<ies pf9",'idea hy
geasFalla9.\' for ",'ielatiea af Bfelinmees, the eBafEl sf seuat). eemmissisReFS
ma)' aring inj1:Uletive &Gasa te eajeiR the f8m9\.aI efvegetatieB ia ~:ielatiefJ. ef
!hie Cede.
+. .!!:. RESTORATION STANDARDS. If an alleged violation of this Code has
occurred and upon agreement between the development services director and the
violator, or if they cannot agree, then, upon conviction by the court or the code
enforcement board, in addition to any fine imposed, a restoration plan shall be
ordered in accordance with the following standards:
fAj.L. The restoration plan shall include the following minimum planting
standards:
fB .!!. In the successful replacement oftrees illegally removed, replacement
trees shall be of sufficient size and quantity to replace the dbh inches
removed. Dbh is defined for the purposes of this ordinance as diameter of
the tree, measured at a height of 4.5 feet above natural grade.
G!1 b.Each replacement tree shall be Florida grade No. I or better as graded
by the Florida department of agriculture and consumer service,
EJ1 c.A11 replacement trees shall be nursery grown, containerized and be a
minimum of 14 feet in height with a seven foot crown spread and have a
minimum dbh of three inches.
f4t d.Replacement trees shall have a guarantee of 80 percent survivability for
a period of no less than three years. A maintenance provision of no less
than three years must be provided in the restoration plan to control
invasion of exotic vegetation (those species defined as exotic vegetation
by the Collier County Land Development Code).
~ e.lt shall be at the discretion ofthe development services director to allow
for any deviation from the above specified ratio.
~2. In the event that identification of the species of trees is impossible for
reason on the property where protected trees were unlawfully removed, it
shall be presumed that the removed trees were of a similar species mix as
those found on adjacent properties.
"BENDA Ill:M
No.
T Al..IIS32626,S
197
FE8 1 j~
Pg. .:?.lS
IIA
tGt3.The understory vegetation shall be restored to the area from which protected
trees were unlawfully removed. The selection of plants shall be based on the
characteristics of the Florida Land Use, Covers and Form Classifications
System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored
as delineated in the FLUCCS code. The species utilized shall be with relative
proportions characteristic of those in the FLUCCS code. The exact number
and type of species required may also be based upon the existing indigenous
vegetation on the adjacent property at the discretion of the development
services director.
~. If the unlawful removal of trees has caused any change in hydrology,
ground elevations or surface water flows, then the hydrology, ground
elevation or surface water flows shall be restored to pre-violation conditions.
~S. In the event of impending development on property where protected trees
were unlawfully removed, the restoration plan shall indicate the location of
the replacement stock consistent with any approved plans for subsequent
development. For the purposes of this ordinance, impending development
shall mean that a developer has made application for a development order or
has applied for a building permit.
fB6. he development services director may, at his discretion, allow the
replacement stock to be planted off-site where impending development
displaces areas to be restored. In such situations, off-site plantings shall be on
lands under the control of a public land and/or agency. The off-site location
shall be subject to the approval of the development services director.
~L The donation of land and/or of funds under the control of a public agency
may be made ifnone of the above are viable alternatives. This donation of
land and/or funds shall be equal to or greater than the total sum it would cost
to restore the area in which the violation occurred. (preservation of different
contiguous habitats is to be encouraged.)
3.9.eJl..ll.2. CORRECTIVE MEASURES FOR ENVIRONMENTAL
VIOLATIONS.
A. MITIGATION
1. The person(s) responsible for violations of the environmental sections of the
Land Development Code shall be notified according to section 1.9.5 and shall
have 30 days to prepare a mitigation plan that is acceptable to the county to
resolve the violation. The mitigation plan shall be submitted to development
services stafffor review and comment. Once the plan is accepted by
development services, the responsible party shall have 15 days to complete
the mitigation unless other arrangements are specified and agreed upon in the
mitigation plan.
2. Mitigation shall restore the area disturbed unless the responsible party
demonstrates that off-site mitigation will successfully offset the impacts b
mitigated for. Off-site mitigation shall be on lands under the control of a
public agency, or identified for public acquisition, or on lands protected
AGEN>A ITEM
No.
TALIIS32626.S
198
m .
FEB 1 1 2~~ff
Pg,
.<&1,
1A
future development. Ratios for off-site mitigation shall be as follows: two to
one for uplands and three to one for wetlands.
3. The selection of plants to be used shall be based on the characteristics of the
Florida Land Use, Covers and Forms Classification System (FLUCCS) code.
The exact number and type of species required may vary depending on the
existing indigenous vegetation found at the site.
4. If only trees were removed and the understory vegetation was not disturbed,
then replacement ofthe dbh (diameter at breast height) in inches removed
shall be required.
5. If the violation has caused any change in hydrology, ground elevations or
surface water flows, then the hydrology, ground elevation or surface water
flows shall be restored to pre-violation conditions.
6. If the violation consists of clearing of residential, single-family (RSF), village
residential (VR) or estates (E) or other non agricultura1, non commercially
zoned land in which single-family lots have been subdivided for single-family
use only, and one acre or less ofland is being cleared by the property owners
themselves in advance of issuance of building pennit, the development
services director may, in lieu of restoration or donation, impose a penalty fee
in the amount equal to double the cost of a typical building pennit.
3.9.8.9.1. ~ REQUIREMENTS FOR A MITIGATION PLAN.
I. A copy of the deed, contract for sale or agreement for sale or a notarized
statement of ownership clearly demonstrating ownership and control of the
subject lot or parcel of land, or permission from the landowner to mitigate on
his or her site shall be provided.
2. The mitigation plan shall be prepared by a person who meets or exceeds the
credentials specified in section 3.8.4.
3. The plan shall designate the person's name, address and telephone number
that prepared the plan.
4. A north arrow, scale, and date shall be required on the plan.
5. Existing vegetation areas shall be shown.
6. The proposed planting areas shall be clearly defmed.
7. The plan shall denote the number and location of each plant to be planted, or
for the case of ground covers, show them in groupings. Large mitigation areas
may be designated by a more simplified method.
8. All plants'proposed shall be denoted by genus, species, and the common
name.
9. The plan shall identify what is adjacent to the mitigation areas, i.e. existing
forest (provide type), fann, natural buffer area, lake, etc.
3.9.8.9.2. C. SITE-SPECIFIC REVIEW CRITERIA.
1. All plants used for mitigation shall be native Florida species.
AGENDA ITEM
Hi).
TAUl532626.S
199
FEB 1 1 20LJ~
Pg.
~,z 7
2. All plants used for mitigation shall be from a legal source and be graded
Florida No. I or better, as graded by the Florida Department of Agriculture
and Consumer Services' Grades and Standards for Nursery Plants (Charles S.
Bush. 1973, Part 1 and 2). All plants not listed in Grades and Standards for
Nursery Plants shall confonn to a Florida No.1 as to: (1) health and vitality,
(2) conditionoffoliage, (3) root system, (4) freedom from pest or mechanical
damage, (5) heavily branched and densely foliated according to the accepted
normal shapes of the species or sport, Trees shall be a minimum of 14 feet tall
at the time of planting and shall have a minimum dbh (diameter at breast
height) of three inches.
3. The plants proposed for planting must be temperature tolerant to the areas
they are to be planted in. The South Florida Water Management District's
Xeriscape Plant Guide II shall be used in detennining the temperature
tolerances of the plants.
4. The existing soil types shall be identified. Plants proposed for planting shall
be compatible with the soil type. The 1954 or the 1992 soil survey of Collier
County shall be used to detennine ifthe plants proposed for planting are
compatible with the existing or proposed soil types.
5. The source and method of providing water to the plants shall be indicated on
the plan and subject to review and approval.
6. A program to control prohibited exotic vegetation (section 3.9.6.4.1) in the
mitigation area shall be required.
~.9.6.9J.!!.. COUNTY REVIEW OF MITIGATION PLAN.
I. Development services will review the plan based on, but not limited to, the
preceding requirements within 15 days. Additional relevant information may
be required when requested.
2. Should the county reject the mitigation plan, the reasons will be provided so
the applicant can correct the plan and resubmit for county review.
B.6.9.4. E. MONITORING AND REPLANTING.
1. A monitoring program shall be required that would determine the
survivability by species of the plants used in the mitigation effort. A minimum
of five reports will be submitted. Reports shall be due at one-year intervals.
2. Eighty percent survival by species shall be required for a five-year period
unless other arrangements are specified and agreed upon in the mitigation
plan. Replanting shall be required each year if the mortality exceeds 20
percent of the total number of each species in the mitigation plan.
3. The soil and hydrological conditions for some mitigation areas may favor
some of the plants and preclude others. Should the county and/or consultant
fmd that over time, some of the species planted simply don't adjust, the
mitigation plan shall be reevaluated by both the cousultant and the coun
and a revised plan will be instituted. This condition shall 'not apply to al
TALII532626.5
200
rm
No.
FEB 1 I 2004'
Pg. .{~ I
. -. ".---J
mitigation areas and each case wiIl be evaluated individuaIly, based on the
supported [supporting] data submitted by the mitigator.
3.9.6.95. F. DONATION OF LAND OR FUNDS. The donation ofland and/or
funds to a public agency may be made ifnone of the above are viable alternatives.
This donation of land and/or funds shall be equal to or greater than the total sum it
would cost to mitigate for the violation according to sections 3.9.11.2.A.
3.9.6.9 3.9.6.9.4 including consulting fees for design, and monitoring, instaIlation
costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic
removal.
3.9.+'12. APPEAL FROM ENFORCEMENT. Any person who feels aggrieved by the
application of this division, may file, within 30 days after said grievance, a petition
with the development services director, to have the case reviewed by the Collier
County Board of County Commissioners.
3.9.&.li. SUSPENSION OF PERMIT REQUIREMENT. The board of county
commissioners may, by emergency resolution, suspend the pennit requirement for
vegetation removal in the aftennath of a natural disaster, such as a hurricane, when
the following conditions are met and contained in the resolution:
3.9.&.li.1. The suspension is for a defined period of time not to exceed 30 days or as
otherwise set by the board of county commissioner~.
3.9.&.li.2. The vegetation removal is necessitated by disaster related damage.
3.9.&.li.3. The suspension is not applicable to vegetation within habitats containing listed
species (as regulated in division 3.1 I).
3S,g.1. The ','Clgetatiea te be rems7:ed is Rat a speeimea tree.
T A!i/S32626.5
201
-trA
4GENQA ,ru,.
No._
FEB 1 1 200,
Pc. :U ~
1A
COLLIER COUNTY LAND DEVELOPMENT CODE
Ordi.
nanee
Number
Section
this Code
Section
Subject
3.16.2.4.1.9.
6.2.2.11.
6.2.3.2.
6.2.3.4.
5.2.4.
6.13.2.3(14)
6.3
Not included
3.L. Added
3.M. Rpld
3.N.
1
1
1
1
1
1
1
1
1
1
Amends Ord. No. 91-02, changing zoning classifi-
cation
Amends Ord. No. 91-02, changing zoning classIfi-
cation
Amende the officie1 zoning etlas mop
Amends the officie1 zoning atlas mop
Amends Ord. No. 91-02, changing zoning classifi-
cation
Amends Ord. No. 02-07, the RichJand PUD, to cor-
rect a scrivener's error
Amends Ord. No. 02-47, the ASGM Business Cen-
ter of Naples PUD, to C01Tect a scrivener's error
Amends Ord. No. 91-02, changing zoning classifi-
cation
Amends Ord. No. 91-02, changing zoning classlfl-
cation
Amends Ord. No. 91-02, changing zoning c1asslfl-
cation
Amends Ord. No. 91-02, changing zoning classifi-
cation
Amends Ord. No. 81-7, the Bay Forest PUD
Amends Ord. No. 91-02, changing zoning classlfl-
cation
Amends Ord. No. 91~102, various sections
03-03
Not included
03-04
Not included
Not included
Not included
03-05
03-06
03-11
Not included
03-13
Not included
03-15
Not included
03-16
Not included
03-20
Not included
03-21
Not included
1
03-23
Not included
Not included
1
1
03-24
03-26
Ja-27
3.A. Added
3.B.
3.C. Added
Added
Added
Added
Added
Added
Added
1.8.2 C.
Div. 1.18
2.2.2.3.27.
2.2.3.3.9.
2.2.4.3.110.)
2.2.5.3.9.
2.2.6.3.7.
2.2.7.3.7.
2.2.8.3.8.
2.2.8.4.6
2.2.9.3.10.
2.2.10.3.6.
2.2.27,
~~ 2.2.27.1.-2.2.27.11.
2.2.32.3.9.
2.2.33.2.(map)
2.2.33.6.b.
2.2.33.6.w.
2.2.33.6.y.
2.2.33.6.y.-
dd.
2.2.33.6.z.-
Added
Added
Added
Added
Rnbd
as
ee.
Added 2.2.33.24.-
2.2.33.24.3.
Rnbd 2.2.33.24.-
2.2.33.24.2.
as 2.2.33.26.-
2.2.33.26.2.
Rnbd 2.2.33.25.
LDODT:4B
COLLIER COUNTY LAND DEVELOPMENT CODE
'1A
Ordi-
nance
Number
03-28
03-29
03-30
03-33
03-38
03-40
03-41
03-42
03-43
03-44
Subject
Amends Ord. No. 91-02, changing zoning classifi-
cation
Amends Ord. No. 91-02, changing zoning classifi-
cation
Amends Ord. No. 91~02. changing zoning c1assifiM
cation
Amends Onl. No. 91-02, changing zoning classifi-
cation
PUD, Botanical Place
pun, Heritage Bay
PUD, Longview Center
PUD and Master Plan, (Rpld. 93-43) Revises
Parklands
Future Land Use Element
2002 Cycle of GMP amendments
Section
Section
this Code
3.5.10.2.
Added 3.5.11.-
3.5.14.
Rnbd 3.5.11.-
3.5.14.
as 3.5.12.-
~~
3.M. .1.
3.14.3.1.-
3.14.3.4.
3.14.3.4.5.
3.14.3.4.7.
Rpld 3.14.3.5.-
3.14.3.5.5.
Rnbd 3.14.3.5.6.
as 3.14.3.4.8.
RpJd 3.14.3.5.7.
Rpld 3.14.3.6.-
3.14.3.6.7.
Rpld 3.14.3.7.
Rnbd 3.14.5.
as 3.14.3.6.
Rnbd 3.14.5.1.-
3.14.5.3.
as 3.14.3.6.1,-
3.14.3.6.3.
Added 3.14.3.6.4.
Rnbd 3.14.5.4.,
3.14.5.5.
as 3.14.3.6.5.,
3.14.3.6.6.
Added 3.14.3.7.-
3.14.3.7.7.
Rnbd 3.14.6
as 3.14.4.
Rnbd 3.14.7.
as 3.14.5.
3.N. 5.4.1.
5.4.2.1.
5.4.3.1.
5.4.4.
5.4.7.1.
5.4.9.1.
3.0. 6.3.
1 N at included
1 Not included
1 Not included
1 Not included
N at included
Not included
Not included
Not included
N at included
N at included
LDODT:50
ryA
COLLIER COUNTY LAND DEVELOPMENT CODE
Ordi.
nance
Number
03-56
03-57
03-64
03-65
03-66
03-67
03-68
04-01
"-02
/~=-08
Subject
Amends Ord. No. 03-27 to correct scrivener's error
Rezone
Amends Nicaea PUD (Rpld. 00-52)
Collier County Lighting District
PUD, Carlisle Regency
Cycle 2 GMP amendments
PUD. Lemuira
Vanderbilt Beach Residential1burist Overlay Dis-
trict
Changing zoning classification
Amending various sections of Ord. No. 91-102
Section
3.E. Added
3.F. Rpld
Rnbd
as
Rnbd
as
3.G.
8.G.
8.G.
Added
3.H. Rpld
Rpld
Rpld
3.1. Added
3.J. Added
3.K
3.L.
8A Added
3.A.
Added
Added
Added
Added
Added
Added
Added
Added
Section
this Code
2.5.5.2.5.9.2.
2.5.7.3.
2.5.7.5.
2.6.11.4.
2.6.11.4.1.
2.6.11.4.
2.6.11.4.2.
2.6.11.4.1.
2.6.11.5.
2.7.2.8.5.1.
2.7.2.8.5.3.
2.7.2.3.5.4.
2.7.3.6.2.-9.
2.7.8.6.10.
2.7.7.2.1.
2.7.7.2.3.
2.7.7.2.4.
2.7.7.2.U.,
6.
2.7.7.2.6.-
2.7.7.2.8.
2.8.3.3.1.
2.8.8.7.-
2.8.3.7.4.
2.8.4.2.3.1.
8.2.8.4.16.,
3.2.8.4.21.
8.3.7.1.9.15.
Div. 6.3
App.B
2.6.4.2.1.1
Not included
Not included
Not included
Not included
Not included
Not included
2.2.38
Not included
2.2.2.2.1. 10.
2.2.2.3
2.2.2.3. 28.
2.2.2.4.3. 5.
2.2.2
1;2.1.-2.2.2
1;2.4.
2.2.3.2.1. 4.
2.2.3.3. 10.
2.2.3.4.3. 1.
2.2.3.4.3. 4.
2.2.4.2.1. 3.
2.2.4.4.4. 5.
2.2.5.2.1. 5.
2.2.5.3. 2.
2.2.5.4.3. 1.
2.2.6.2.1. 6.
2.2.6.3.
2.2.6.3. 5.
LDODT:52
~A
COLLIER COUNTY LAND DEVELOPMENT CODE
Ordi.
nance
Number
Subject
Section
Section
this Code
Added
Added
2.6.9.1.-
2.6.9.4.
2.6.21.4.
2.6.21.4.7.
2.6.83.10.
2.6.85.,
2.6.35.1.
2.6.85.5.9.
2.6.85.6.12.
2.6.35.6.12.B.
2.6.35.8.-
2.6.35.8.5.
2.6.37.
2.6.89.,
2.6.39.1.
2.2.24.11-
2.2.24.11.6.
2.6.89.2.A.-F.
2.2.24.12.
2.6.89.2.G.
2.2.24.13.,
2.2.24.14.
2.6.39.2.H.,
1.
2.6.39.3.-
2.6.39.7.
2.6.40.-
2.6.40.2
2.7.3.5.8.
2.7.4.9.
Added
Added
Added
8.F. Added
8.G.
Added
Rnbd
3.H. Added
3.I.
Added
3.J. Rnbd
Rpld
Added
Added
Added
Rnbd
..
Rnbd
..
Rnbd
..
..
8.2.6.2.1.
8.2.6.2.1.-
8.2.6.2.3.
3.2.6.2.2.-
3.2.6.2.4.
3.2.6.3.5.
3.2.7.
3.2.8.2.3.
3.2.8.2.14.
3.2.8.8.8.
3.2.8.3.19.
3.2.8.3.25.
8.2.8.4.7. 3.
..
3.3.4.1.-
3.3.4.3.
3.8.7.1.2.B.2.g.
3.5.5.1.3. 2.
3.5.11.
3.5.11.1.1.e.
3.5.11.4.
3.8.2.1.
1.--3.
3.8.2.1.
A-C.
3.8.3.
3.8.4.
8.8.5.1.-
3.8.7.
LDODT:56
'1~
LAND DEVELOPMENT ORDINANCE DISPOSITION TABLE-19B2 CODE
Ordi.
nance Section
Number Subject Section this Code
Added 3.8.5.1.-
3.8.6.
Rnbd 3.8.8., 3.8.9.
as 3.8.7.,3.8.8.
Rnbd 3.8.10.,
3.8.11.
as 3.8.9.,
3.8.10.
3.K 3.9.3.1.
Rpld 3.9.4.-
3.9.4.2.4.
Added 3.9.4.-
3.9.4.5.
Added 3.9.5.-3.9.7.
Rnbd 3.9.5.
as 3.9.8.
3.9.8.-
3.9.8.3.
Added 3.9.9.-
3.9.9.3.
Added 3.9.10.,
3.9.10.1.
Rnbd 3.9.6.
as 3.9.10.C.
Rnbd 3.9.6.4.
as 3.9.10.D.
Rnbd 3.9.6.5.
as 3.9.10.2.
Rpld 3.9.6.6.,
3.9.6.7.
3.9.11.
Rnbd 3.9.6.8.-
3.9.6.9.5.
as 3.9.11.1.-
3.9.11.2
Rnbd 3.9.7.,3.9.8.
as 3.9.12.,
3.9.13.
Rnbd 3.9.8.1.-
3.9.8.3.
as 3.9.13.1.-
3.9.13.3.
RpId 3.9.8.4.
3.L. 3.11.1-
3.11.4.
3.M. 3.12.5.1.1.
3.12.5.2.
3.N. 3.15.3.10.
3.15.3.11.2.
3.15.3.11.2.
2.-4.
Added 3.15.3.11.2.
5.,6.
Added 3.15.3.21. 2.
Added 3.15.3.31.
Rnbd 3.15.3.32.
3.15.6.2.
3.15.6.2.1.
Rpld 3.15.6.2.1...
3.15.6.2.2.
LDODT:57
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3.05.07 Preservation Standards
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All development not specifically exempted by this ordinance shall incorporate, at a minimum, the
preservation standards contained within this section.
A. General standards and criteria.
I. The preservation of native vegetation shall include canopy, under-story and ground cover
emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07
H.1.e.
2. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set
aside as preserve areas, subject to the requirements of section 3.05.07 H. Single family residences are
exempt from the requirements of section 3.05.07 H.'
3. Preserve areas shall be selected in such manner as to preserve the following, in descending order
of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3. and
3.05.07 G.3.c.:
a. Areas known to be utilized by listed species or that serve as corridors for the movement of
wildlife;
b. Onsite wetlands having an accepted WRAP score of 0.65 or a Uniform Wetland
Mitigation Assessment Score of 0.7;
c. Any upland habitat that serves as a buffer to a wetland area;
d. Listed plant and animal species habitats;
e. Xeric Scrub;
f. Dune and Strand, Hardwood Hammocks;
g. Dry Prairie, Pine Flatwoods; and
h, All other upland habitats.
\. Existing native vegetation located contiguous to a natural reservation.
.-:;;....
4. Preservation areas shall be interconnected within the site and to adjoining off-site preservation
areas or wildlife corridors.
5. To the greatest extent possible, native vegetation, in quantities and types set forth in section
4.06.00, shall be incorporated into landscape designs in order to promote the preservation of native
plant communities and to encourage water conservation. -
B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA
Districts, native vegetation shall be preserved on-site through the application of the following preservation
and vegetation retention standards and criteria, unless the development occurs within the ACSC where the
ACSC standards referenced in the Future Land Use Element shall apply. This Section shall not apply to
single-family dwelling units situated on individual lots or parcels.
I. Required preservation.
'T ^ or P ThTQ~T'.
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Development Type Coastal High Hazard Area Non-Coastal High Hazard Area
Less than 2.5 acres 10% Less than 5 acres 10%
Residential and Mixed Equal to or greater 25% Equal to or greater than 5 acres and 15%
Use development than 2.5 acres less than 20 acres
Equal to or greater than 20 acres 25%
Golf Course 35% 35%
Commercial and Industrial Less than 5 acres 10% Less than 5 acres 10%
development and all other
non-specified Equal to or greater 15%
development types than 5 acres 15% Equal to or greater than 5 acres
Industrial development -
(Rural-Industrial District 50%, not to exceed 25% of the 50%, not to exceed 25% of the project site.'
only) project site . ....::..
2. Exceptions. An exception from the vegetation retention standards above shall be granted in the
following circumstances:
a. where the parcel was legally cleared of native vegetation prior to January 1989;
b. where the parcel cannot reasonably accommodate both the application of the native
vegetation retention standards and the proposed uses allowed under this Code, subject to the
criteria set forth in section 3.05.07(H)(I)(e).
C. Specific standards for the RFMU district. For Lands within the RFMU district, native vegetation shall
be preserved through the application of the following preservation and vegetation retention standards and .
criteria, in addition to the generally applicable standards and criteria set forth in 3.05.07 A. above:
I. RFMU receiving lands outside the NBMO.
a. A minimum of 40% of the native vegetation present, not to exceed 25% of the total site
area shall be preserved.
i. Off-site preservation shall be allowed at a ratio of 1: I if such off-site preservation
is located within RFMU sending lands.
ii. Off-site preservation shall be allowed at a ratio of 1.5: I if such off-site
preservation is located outside of Sending Lands.
iii. Like for like preservation shall be required for Tropical Hardwood and Oak
Hammock vegetative communities.
b. Where schools and other public facilities are co-located on a site, the native vegetation
retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the
site.
2. Neutral lands.
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a. In neutral lands, a minimum of 60% of the native vegetation present, not to exceed 45%
of the total site area shall be preserved.
b. Exceptions.
i. In those neutral lands located in Section 24, Township 49 South, Range 26 East,
in the NBMO, native vegetation shall be preserved as set forth in section 2.03.08
D.5.b.
ii. Where schools and other public facilities are co-located on a site, the native
vegetation retention requirement shall be 30% ofthe native vegetation present, not to
exceed 25% of the site.
3. RFMU sending lands.
a In RFMU sending lands that are not within a NRP A, 80% of the native vegetation present
on site shall be preserved, or as otherwise permitted under the Density Blending provisions of
section 2.05.02. Off-site preservation shall be allowed in satisfaction of up to 25% of the site
preservation or vegetative retention requirement, at a ratio of 3: I, if such off-site preservation -
is located within or contiguous to Sending Lands.
b. In RFMU sending lands that are within a NRP A, 90% of the native vegetation present ~
shall be preserved or such other amount as may be permitted under the Density Blending _
provisions of section 2.05.02. Off-site preservation shall not be credited toward satisfaction oT
any of the vegetative retention requirement applicable in such NRP As.
4. General exceptions.
a. Non-conforming, Pre-existing parcels. In order to ensure reasonable use and to protect the .
private property rights of owners of smaller parcels of land within the RFMU district, .
including nonconforming lots of record which existed on or before June 22, 1999, for lots,
parcels or fractional units ofland or water equal to or less than five (5) acres in size, native
vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or-
fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-
foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but
less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be
considered a maximum clearing allowance where other provisions of this Plan allow for
greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or
under-story vegetation within 200 feet of structures in order to minimize wildfire fuel
sources.
b. Specific County-owned Land. On County-owned land located in Section 25, Township 26_
E, Range 49 S (+/-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 land fill operations; exotic removal will be
required on the entire +/- 360 acres.
c. Discretionary Exception for Essential Public Services. The County Manager or his
designee may grant written exemptions to the above preservation requirements on
agriculturally zoned property for essential public services (as defined in section 2.01.03),
where it can be demonstrated that the preservation requirements and the Essential Public
Services cannot both be reasonably accommodated on the site and it is in the best interest of
the general public to allow a reduction in all or part from the requirements for preservation of
existing native vegetation.
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D. Specific standards for RLSA district. For lands within the RLSA District, native vegetation shall be
preserved pursuant to the RLSA District Regulations set forth in section 4.08.00 of this Code.
E. Density bonus incentives. Density Bonus Incentives shall be granted to encourage preservation.
1. Outside rural villages. In RFMU receiving lands not designated as a rural village ,a density
bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserved on-
site that exceeds the requirements set forth in section 3.05.07C., once a density of I unit per acre is
achieved through the use of TD R credits .
2. Inside rural villages. In RFMU receiving lands designated as a rural village ,a density bonus
of 0.3 dwelling units per acre shall be granted for each acre of native vegetation preserved on-site
that exceeds the requirements set forth in section 3.05.07C., once a density of2 units per acre is
achieved through the use of TDR and bonus credits.
,---_..
---~
: F. Wetland preservation and conservation.
''''--=
I. purpose. The following standards are intended to protect and conserve Collier County's valuable
wetlands and their natural functions, including marine wetlands. These standards apply to all of
Collier County/except for lands within the RLSA District. RLSA District lands are regulated in
section 4.08.00. Wetlan~s shall be protected as follows, with total site preservation not to exceed.
those amounts of vegetation retention set forth in section 3.05.07(C), unless otherwise required. .~
2. Urban lands. In the case of wetlands located within the urban designated areas of the County, th~
County will rely on the jurisdictional determinations made by the applicable state or federal agency In
accordance with the fol1owing provisions:
a. Where permits issued by such jurisdictional agencies allow for impacts to wetlands within
this designated area and require mitigation for such impacts, this shall be deemed to meet the
objective of protection and conservation of wetlands and the natural functions of wetlands
within this area.
b. The County shall require the appropriate jurisdictional permit prior to the issuance of a
final local development order permitting site improvements, except in the case of any single-
family residence that is not part of an approved development or platted subdivision.
c. Within the Immokalee Urban Designated Area, there exists high quality wetland system
connected to the Lake TraffordlCamp Keais system. These wetlands require greater protectiou
measures and therefore the wetland protection standards set forth in 3.05.07 (F) (3) below
shall apply in this area.
3. RFMU district. Direct impacts of development within wetlands shall be limited by directing
such impacts away from high quality wetlands. This shall be accomplished by adherence to the
vegetation retention requirements of section 3.05,07 (C) above and the following standards:
a. In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate the functionality of wetlands using the Unified Wetland Mitigation
Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an
Environmental Resource Permit by the state, the County will accept wetlands functionality
assessments that are based upon the South Florida Water Management District's Wetland
Rapid Assessment Procedures (WRAP), as described in Technical Publication Reg 001
(September 1997, as update August 1999). The applicant shall submit to County staff these
respective assessments and the scores accepted by either the South Florida Water
Management District or Florida Depmiment of Environmental Protection.
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b. Wetlands documented as being utilized by listed species or serving as corridors for the
movement of wildlife shall be preserved on site, regardless of whether the preservation of
these wetlands exceeds the acreage required in section 3.05.07(B).
c. Existing wetland flow ways through the project shall be maintained, regardless of whether
the preservation of these flow ways exceeds the acreage required in section 3.0S.07(C).
d. Draw downs or diversion of the ground water tflble shall not adversely change the
hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set
to protect surrounding wetlands and be consistent with sun'ounding land and project control
elevations and water tables. In order to meet these requirements, projects shall be designed in
accordance with Sections 4.2.2.4, 6.1 I and 6.12 of SFWMD's Basis of Review, January 2001.
e. Single family residences shall follow the requirements contained within Section
3.05.07(F)(5).
f. Preserved wetlands shall be buffered from other land uses as follows:
i. A minimum 50-foot vegetated upland buffer adjacent to a natural water body.
ii. For other wetlands a minimum 25-foot vegetated upland buffer adjacent to the
wetland.
iii. A structural buffer may be used in conjunction with a vegetative buffer that would
reduce the vegetative buffer width by 50%. A structural buffer shall be required
adjacent to wetlands where direct impacts are allowed. A structural buffer may
consist of a stem-wall, berm, or vegetative hedge with suitable fencing.
iv. The buffer shall be measured landward from the approved jurisdictional line.
v. The buffer zone shall consist of preserved native vegetation. Where native
vegetation does not exist, native vegetation compatible with the existing soils and
expected hydrologic conditions shall be planted.
vi. The buffer shall be maintained free of Category I invasive exotic plants, as
defined by the Florida Exotic Pest Plant Council.
vii. The following land uses are considered to be compatible with wetland functions
and are allowed within the buffer:
~
(1) Passive recreational areas, boardwalks and recreational shelters;
(2) Pervious nature trails;
(3) Water management structures;
(4) Mitigation areas;
(5) Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
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 and b above. If agency permits have not
provided mitigation consistent with this Section, Collier County will require
mitigation exceeding that of the jurisdictional agencies.
iii. Mitigation requirements for single-family lots shall be determined by the State
iind Federal agencies during their permitting process, pursuant to the requirements of
("'\__"-: __ i.c\ 1...:.1.:.....
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b. Mitigation Incentives: A density bonus of 10% of the maximum allowable residential
density, a 20% reduction in the required open space acreage, a 10% reduction in the required
native vegetation, or a 50% reduction in required littoral zone requirements may be granted
for projects that do any of the following:
i. Increase wetland habitat through recreation or restoration of wetland functions, of
the same type found on-site, on an amount of off-site acres within the Rural Fringe
Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native
vegetation preservation acreage required, or 20% of the overall project size, whichever
is greater;
ii. Create, enhance or restore wading bird habitat to be located near wood stork,
and/or other wading bird colonies, in an amount that is equal to, or greater than 50%
of the on-site native vegetation preservation acreage required, or 20% of the overall
proj ect size, whichever is greater; or
iii. Create, enhance or restore habitat for other listed species, in a location and
amount mutually agreeable to the applicant and Collier County after consultation with
the applicable jurisdictional agencies.
c. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is nQ
net loss in wetland functions as prescribed above. -~
d. Exotic vegetation Removal. Exotic vegetation removal shall not constitute mitigatiol!:!,
5. Estates, rural-settlement areas, and ACSC. In the case oflands located within Estates Designated
Area, the Rural Settlement Area, and the ACSC, the County shall rely on the wetland jurisdictional
determinations and permit requirements issued by the applicable jurisdictional agency, in accordance
with the following:
a. For single-family residences within Southern Golden Gate Estates or within the Big
Cypress Area of Critical State Concern, the County shall require the appropriate federal and
state wetland-related permits before Collier County issues a building permit.
b. Outside of Southern Golden Gate Estates and theArea of Critical State Concern, Collier
C01.lD.ty shall inform applicants for individual slngle-faniily building permits that federal?-lld .
state wetland permits may be required prior to construction. The County shall also notify the .
applicable federal and state agencies of single family building permits applications in these
areas,
6. RLSA district. Within the RLSA District, wetlands shall be preserved pursuant to section 4.08.00.
7. Submerged marine habitats. The County shall protect and conserve submerged marine habitats as
provided in section 5.03.06 I.
G. Natural reservation protection and conservation.
1. Purpose and applicability.
a. The purpose of this Section is to protect natural reservations from the impact of
surrounding development. For the purpose of this section, natural reservations shall include
only NRP As and designated Conservation Lands on the Future Land Use Map.
b. For the purposes of this Section, development shall include all projects single-family
dwelling units situated on individual lots or parcels.
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'2, Review process. All requests for development contiguous to natural reservations shall be
reviewed as pmi of the County's development review process.
3. RFMU district requirements. The following criteria shall apply within the RFMU district only.
a. Open space. Open space shall be required to provide a buffer between the project and
the natural reservation.
i. Open space allowed between the project's non-open space uses and the boundary
of the natural reservation may include natural preserves, natural or man-made lakes,
golf courses, recreational areas, required yard set-back areas, and other natural or
man-made open space requirements,
ii. The following open space uses are considered acceptable uses contiguous to the
natural reservation boundary:
(a) Preservation areas;
(b). Golf course roughs maintained in a natural state;
(c) Storm water management areas;
(d) Pervious nature trails and hiking trails limited to use by non-motorized
vehicles.
b. Open spaces' as buffers.
~
i. The uses in paragraph (a) (ii) above are encouraged to be located as to provide a
buffer between the natural reservation and more intensive open space uses, including
playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural
state), and other recreational uses and yards for individual lots or parcels, or open
space uses that are impervious in nature. These more intensive open space uses may
not be located closer than 300 feet to the boundary of the natural reservation.
ii. In addition, where wood stork (Mycteria americana ) rookeries, bald eagle (
Haliaeetus leucocephalus) nests, and wading bird roosts are found in the adjacent
natural reservation, the open space uses identified in (a) - (c) below are considered
acceptable for placement within a buffer as specified below:
(a) Woodstork (Mycteria americana ) rookeries, bald eagle ( Haliaeetus
leucocephalus) nests - 1,500 feet;
(b) Wading bird roost - 300 feet;
(c) These buffer distances shall only apply to the identified entity within the
natural reservations.
Ill. These requirements shall be modified on a case by case basis, if such
modifications are based upon the review and recommendations from the USFWS and
the FFWCC. Any such changes shall be deemed consistent with the Growth
Management Plan.
c. Contiguous native vegetation. Existing native vegetation that is located contiguous to the
natural reservation shall be preserved as part of the preservation requirements specified in
Section 3.05.07.
d. Wildlife corridors. Where wildlife corridors exist for listed species, provision shall be
made to accommodate the movement of the listed species through the proj ect to the natural
reservation. The County shall consider the recommendations from the USFWS.
lJ n_,..."""..~,,,,, <"'t~nrt-:;rA~
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I. Design standards.
a. Identification. Native vegetation that is required to be preserved or mitigated pursual1t to
3.05.07 A. through F. shall be set-aside in a Preserve and shall be identified in the following
marmer:
1. The Preserve shall be labeled as "Preserve" on all site plans.
ii. If the development is a PUD, the Preserve shall be identified on the PUD Master
Plan, ifpossible. If this is not possible, a minimum of75% of the preserves shall be
set-aside on the PUD Master Plan with the remaining 25% identified at the time of the
next development order submittal.
iii. The Preserve shall be identified at the time of the first development order
submittal.
b. Minimum dimensions. The minimum width of the preserve shall be:
i. twenty feet, for property less than ten acres.
ii. an average of thirty feet in width but not less than twenty feet in width, for
property equal to ten acres and less than twenty acres.
iii. an average of fifty feet in width but not less than twenty feet for property of
twenty acres and greater.
-----
c. Protection of wetland hydroperiods. Draw downs or diversion of the ground water table
shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and
control elevations shall be set to protect surrounding wetlands and be consistent with
surrounding land and project control elevations and water tables. In order to meet these
requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of .
SFWMD's Basis of Review, January 2001. .
d. Protective covenants. Preserve areas shall be identified as separate tracts or easements,
with access to them from a platted right-of-way. No individual residential or
commercial lot, parcel lines, or other easements such as utility or access easements, may.
proj ect into a Preserve. All required easements or tracts for preserves shall be dedicated to the
County without placing on the County the responsibility for maintenance or to a property' .
owners' association or similar entity with maintenance responsibilities. The protective
covenants for the tract or easement shall establish the permitted uses for said easement (s)
and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor ofthe
County, without any maintenance obligation, shall be provided for all preserves on the
preliminary and final subdivision plats and all final development order site plans. The
boundaries of all preserve easements shall be dimensioned on the final subdivision plat.
e. Created preserves. Created Preserves shall be allowed for parcels that carmot reasonably
accommodate both the required on-site preserve area and the proposed activity.
1. Applicability. Criteria for allowing created preserves include:
(a) Where site elevations or conditions requires placement of fill thereby
harming or reducing the survivability ofthe native vegetation in its existing
locations;
(b) Where the existing vegetation required by this policy is located where
proposed site improvements are to be located and such improvements carmot
be relocated as to protect the existing native vegetation;
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(c) Where native preservation requirements cannot be accommodated, the
landscape plan shall re-create a native plant community in all three strata
(ground covers, sluubs and trees), utilizing larger plant materials so as to more
quicldy re-create the lost mature vegetation. These areas shall be identified as
created preserves.
(d) When a State or Federal permit requires creation of native habitat on site.
The created preserve acreage may fulfill all or part of the native vegetation
requirement when preserves are planted with all three strata; using the criteria
set forth in Created Preserves. This exception may be granted, regardless of the
size of the project.
(e) When small isolated areas (ofless than 1/2 acre in size) of native
vegetation exist on site. In cases where retention of native vegetation results in
small isolated areas of 1/2 acre or less, preserves may be planted with all three
strata; using the criteria set forth in Created Preserves and shall be created
adjacent existing native vegetation areas on site or contiguous to preserves
on adjacent properties. This exception may be granted, regardless of the size
of the. proj ecl.
(f) When an access point to a project cannot be relocated. To comply with
obligatory health and safety mandates such as road alignments required by the
S!ate, preserves may be impacted and created elsewhere on site.
---
ii. Required Planting Criteria:
(a) Where created preserves are approved, the landscape plan shall re-create a
native plant community in all three strata (ground cover, shrubs and trees),
utilizing larger plant materials so as to more quickly re-create the lost mature
vegetation. Such re-vegetation shall apply the standards of section 4.06.05 C.
of this Code, and include the following minimum sizes: one gallon ground' .
cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot
crown spread and a dbh (diameter at breast height) of three inches. The spacing
of the plants shall be as follows: twenty to thirty foot on center for trees with a
small canopy (less than 30ft. mature spread) and forty foot on center for trees
with a large canopy (greater than 30 ft. mature spread), five foot on centerJor
shrubs and three foot on center for ground covers. Plant material shall be
planted in a manner that mimics a natural plant community and shall not be
maintained as landscaping. Minimum sizes for plant material may be reduced
for scrub and other xeric habitats where smaller size plant material are better
suited for re-establishment ofthe native plant community.
(b) Approved created preserves may be used to recreate:
(1) not more than one acre of the required preserves if the property has
less than twenty acres of existing native vegetation.
(2) not more than two acres of the required preserves if the property
has equal to or greater than twenty acres and less than eighty acres of
existing native vegetation.
(3) not more than 10% of the required preserves if the property has
equal to or greater than eighty acres of existing native vegetation.
(c) The minim\Ul1 dimensions shall apply as set forth in 3.0S.07H.l.b.
(d) All perimeter landscaping areas that are requested to be approved
to fulfill the native vegetation preserve requirements shall be labeled as
preserves and shall comply with all preserve setbacks.
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f. Allowable supplemental plantings. Supplemental native plantings in all three strata may be
added to preserve areas where the removal of non-native and/or nuisance vegetation creates
open areas with little or no native vegetation coverage. Plant material in these restoration
areas shall meet the following minimum size criteria: one gallon ground covers, three gallon
shrubs and six foot high trees. Plant material shall be planted in a manner that mimics a
natural plant community and shall not be maintained as landscaping. Minimum sizes for plant
material may be reduced for scrub and other xeric habitats where smaller size plants material
are better suited for re-establishment of the native plant community.
g. Preserve management plans. The Preserve Management Plan shall identify actions that
must be taken to ensure that the preserved areas will function as proposed. A Preserve
Management Plan shall include the following elements:
i. General Maintenance. Preserves shall be maintained in their natural state and must
be kept free of refuse and debris.
ii. Exotic vegetation removal, Non-native vegetation, and Nuisance or Invasive Plant
Control. Exotic vegetation removal and maintenance plans shall require that
Category I Exotics be removed from all preserves. All exotics within the first 75 feet
of the outer edge of every preserve shall be physically removed, or the tree cut down
to grade and the stump treated. Exotics within the interior of the preserve may be
approved to be treated in place if it is determined that physical removal might cause
more damage to the native vegetation in the preserve. When prohibited exotic ~
vegetation is removed, but the base of the vegetation remains, the base shall be treated
with an U.S. Environmental Protection Agency approved herbicide and a visual tracer
dye shalt be applied. Control of exotics shall be implemented on a yearly basis or
more frequently when required, and shall describe specific techniques to prevent
reinvasion by prohibited exotic vegetation of the site in perpetuity. Non-native
vegetation and nuisance or invasive plants shall be removed from all Preserves.
iii. Designation of a Preserve Manager. A Preserve Manager shall be identified as the
responsible party to ensure that the Preserve Management Plan is being complied with.
The individual's name, address and phone number shall be listed on the Preserve
Management Plan. The same information shall be provided regarding the developer.
Both parties will be responsible until such time that the homeowners association takes
over the management of the preserve. At that time, the homeowners association shall
amend the plan to provide the homeowner association information and information
regarding the person hired by the association to manage the preserve. The
homeowner's association and the preserve manager shall be responsible for annual
maintenance of the preserve, in perpetuity. At a minimum, the Preserve Manager shall
have the same qualifications as are required for the author of an EIS, as set forth in
section 10.02.02 A.3.
iv. Wildlife Habitat Management. Where habitats must be managed with regards to
the species utilizing them, Wildlife Habitat Management strategies may be required to
provide for specialized treatment of the preserve. Where protected species are
identified, management strategies shall be developed and implemented in accordance
with section 3.04.00. Where site conditions require prescribed burns, a fire
management plan will be developed and implemented.
v. Protection during Construction and Signage after Construction. The Preserve
Management Plan shall address protective measures during construction and signage
during and after construction that are consistent with section 3.05.04.
h. Allowable uses within preserve areas. Passive recreational uses such as pervious nature
trails or boardwalks are allowed within the preserve areas, as long as any clearing required to
i'n~;l;tot~ th~<~ 11<~< r!()~, not imnact the minimum required vegetation. For the purpose of this
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APPENDIX TO GRIDER APPEAL
OFFICIAL INTERPRET A TION
NO.2008-AR-12880
VOLUME 5
GRIDER HOUSE PERMITTING HISTORY
1A
VOLUME V
(Grider House - Permitting History)
Tab Document
Date
32. Permit Application
33. Permit Tracking
34. Square footage comparison
35. Staff assurances, re: setbacks
36. Staff review and approvals, re: setbacks
37. E-mails.re: other treatment in Olde Cypress
38. Temporary Certificate of Occupancy
39. Notice of Violation and Responses
40.
(a)
Gochenauer e-mails.re: Susan Mason position
(b) Angel Tarpley reply
P:IDOCS\2519010000 1 IDOCI134212J,DOC
appendix re appeal
fJA
~P;i~;t~::~~~';'::k;n/ct;;;'~~'V:d'D:;;'~/_/~~s-s~~'D;t~~~1 ' CSA '..JII .~ 1ft
DP# COA#._ PRQPERTY ID # (df(Q2S 00 55 B I
~T TYPE _ RESIDENTIAL PERMIT TYPE - NON-RESIDENTIAL .
BR2 _ BlDG RES 1-2 STORIES - NEW 10 BC3 - BLDG COMM 1-3 STORIES - NEW
2 BR3 _ BlDG RES 1-3 STORIES - NEW 11 BC4 - BLDG COMM 4+ STORIES - NEW
3 BR4 _ BLDG RES 4+ STORIES - NEW 12 BC3A - BLOG COMM 1-3 STORIES - ADD/AlT
4 BR2A _ BLOG RES 1-2 STORIES - ADD/AL T 13 BC4A - BLDG COMM 4+ STORIES - AD DIAL T
5 BR3A _ BLOG RES 1-3 STORIES - ADD/AL T 14 BCOT - BLDG COMM OTHER
6 BR4A - BLDG RES 4+ STORIES - ADD/AL T RESIDENTIAL I NON-RESID~NTIAL AlC SPEC:~
7 BRMH - BLDG RES MOBILE HOME TONNAGE q ~~.) \ - '-I.{-o,J~
8 BRPM - BLOG RES PARK MODEUR.V. 7{ r.
g BROT - BLOG RES OTHER ) ~ I" SEER# t
)b Name: \,1<' USE OCCUPAN - RESIDENTIAL
onstruction Address:, ;! q 49"" t...oue 'P. u'€. LJ I 0 I
le2> ~\. USE OCCUPANCY - NON-RESIDENTIAL
e; ou...'QI;$ CONSTRUCT N TYPE: SPKL_ UNSPKL_
2.~D ~ . V-*-' I II III IV IV rot V rot VI VI rot
State: R- SQUARE FOOTAGE:
250- 40'510 Living'AreaSq.Ft. '~B6Lo
Tel # (23'\) 250 - Yo:::io Non-Living Sq: Ft "\ ''1 9
I=l<rn G (-, Total Sq. Ft. .5'3 55 I 4 '\
'55: vu'-> ' C" r # of Bedrooms: :3 # of Bathrooms::! /2 (f ~)
State: A. Zip::::4 [D"t Total Panel(s) Ratings: (I) L{oo A-w-p /
crb:5- '275?S # of Stories: '2..
r~:;, Building Height: 23',;, i I '. #Dwelling Units:
;e~tion 2\ Township 4-8. ange 2 ~ Cir~le One: Shutt Impact Resistant Windows/Doors
llock If? Lot/Parcel~Unit Tract Desi ned for su
:IRM PANEL#\ZOOG7-02ISZ'ONING X PARKING: (j{) T: 2 1<;
'Vind Borne Debris Zone MPH \.3 0 Number of 0 'St'r~t parking spac s: "
'ROPERTY SPECIFICATIONS: Acreage Enclosed: ,'3 Outdoors:;3
_at Width: lot Depth: Area Handicap Boat Slips:
31dg Width: 'el' l," Bldg Depth: g7 I lOW VOLTAGE:
3etbackfrom Property Line: lVrTELE AUDIO CENTVAC ~ ~
'rant: Q'S ::J~''?,'
_eft Side: r:::, i:l':.),':; ,
'Iood Zone: wage Disposal: (circle one)
3urveyed by: C N SEPTIC OTHER
3ench Mark Elevation: ' ater Supply: (circle one)
~onstal Zone: Yes No C N WELL OTHER
~eI1jfication: Breakawa Walls: Yes No: g Meter: (Cirlce One)
vALUE/COST: YES
~ONTRACTORS CONTRACTED COSTS Cl4?3,oco - Water Meter Size:
~DS Calculated Value$ TER.EO ECTION SYSTEM: (CIRCLE ONE)
cC-~CRIPT,LQN OF WpRK: ,/JEw-:=:.t"",!fe (~~ \'1- SOIL TREATMENT BAITING SYSTEM INTERNAL
_ ~;O, 'il) ~OO", CONTRACT REa. TREATMENT
IF OWNER-BUILDER, A WARRANTY DEED MUST BE SUBMITTED TO PROVIDE
PROOF OF OWNERSHIP OF PROPERTY AND DRIVER'S LICENSE OR OFFICIAL
PHOTO tD. FOR IDENTIFICATION OF APPLICANT.
Owner of RecordwName:
Address:
City:
Bonding Company:
Address:
City:
Architect/Engineer's Name:
Address:
City: '
Mortgage Lender's Name:
Arlrlrp,!';;~'
State:
Zip:
State:
Zip:
State:
Zip:
APPLlCANr'S SlfNATURE AN~ OATH OR AFFIRMATION , ,1A
. , . .' The a~J?r~v~ penult andlor Permit Bpplicati~n eJlplres Jf ntit c;:omm~n~cd ~ithin six (6) mo~~~' fo; lhc' date ~f i~c~ 'The ~rmll or
apphcalio~ fee Will be four time& the amount urthe pennit fee. irwork is Slaned without an approved penniL The pmniuee further understands
~at ~onJy l~ccnscd contraclors may be employed and that the structure will not be used or occupied until a certificate of occupancy is: issued. By
_ slgn~n8 this pennil applicalian, I agree rhat I have been relained by rhe awner/pcnnillee to provide contracling 10000Ices for rhe trade Cor whlcb I
"JD ilsled. Furthermore, il is my r..ponalbility 10 nDlify lhe Customer Service seeliDn Dflhe, Building Review ,and Pcmnilling Dcparlmentshould
~D long~ be'lhc eontractor responsible Cor providing said COIIlnlcllng.acrvices. Iliu1her agree lhat I undcrlltand lhallhc.rovicw and issoiog oC
thlS,pcmut ~oes ~Ol ""crop! me .from complying with all County Cod.. and Ordinances. iI is further understood lhBl,rhe'pro~
ownerfpcrmJUee..tha~eroCrhepcrmit ,.,',; ,.',.',' '.
", " '. ,WARNINGOEPOSSI:BLEDEEDRESTRlcrIONS, .'
TIlE LAND SUBJEcTTO TIllS PERMIT MAY BIl SUBJECTTO DEED AND OTIlER RESTRICTIONS THAT MAY UMIT OR IMPAIR
THE LANDOWNER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR THE ENFORCEMENTOFTHESB RESTRICTIONS,
" NOR ARE COLUER COlJ'rnY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVISB TO THE PUBUC
RBLAnVE TO THESE RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT AcrJNG ON I;iEHA.LI' OF THE LANQOWNER ~
CAUTIONEDTOSBIlPROFESSIONALADVICE.' .. . ". " ' .,' ,', . " '.
, .
. ,".'" WARNING'ONWORKINCOUNTYRlGHT-OF-WAY , ': ,"
TIll. pemut dllCl nolauthorizc conslnlclian Dr inSlallalion of any structure or utUlty, above or below ground. within any righl-of-way or casemenl
ICICfYed for ace.... dl1linage'or utility plIIpO'... This re.slriclion specifically prohibill fencing, sprinkler systems. landscaping other than sod, '
SI&nS.-watcr. sewer. C3lble and drainage: work therein. Ifsucb improvcmenll.-an ncc;cuary a separate pennil for lhat purposa must be obtained .
from T""lSPol1lllion'Se<vlcaa " " .
, .
. , "~ . ll.
NOTICE: : In addlUon I~ Ibe requlra";'nls of tI;1I parmlt.,lbare may ba addUio~al reslrl!'1loDl appUcablato IbIs property
'I way, be fouud,iJItbe pllbU~ records of Ibla County, and III",e way be additional parualls requIred ,(rom olber
_ tarnmantal enllll.. sncb as waler managameDI distrlcl, alllalgencle., or Cedaral aganclOS. '
, ' . ' "'S-k\ej, - s;".~ eOI0S-C,.;....~OV-:n...c, . " ',' :,"
General Contractor's N~me: K~J. \r\ Sc-u.J,e.~ ' " , "Certlfi~ate# C Q2 /) (;; / '70-.1: "
,
Slate RegistIatimi No.(if contIactor)
Social Security No-elC own.rlbuildcr)
~Ad~SS ,2~ ~~ f:~~~'Ci~ ~~:~H. , z~. ~(C~ phon,. ~
~nalificr s Signature (m~t be notarized) : ' , ,~, Dale
State ofFlcirida, County of : c.o \. b,o: \'
2t?:' - (2<:: "2-
~ \ ~ \ ;0': ,
By ~it"'~.it:;'~ -:::.~ ~y..: "" ~pro~ f::;;, :i"'~...
identification, and who slaled upon oath or alfmnation clrc cone) th h e has read this building~, .
. application, that the information and statements in this building permit application are; true to the best~r
knowledge an~,~t the work to be done is au~orized by the owner. ~' '. " . ~.-
, ,,.i:'"-""~,*< S~e-,B.Ruffini " '_~ ./,.~
,.,""": :.~, CD'"!'llSSlOn#DD,299659 . Notary IIbI1e~, " ,
"~" '$:': ExPlIes:Mar II 200S Z. ,'., -.: 0,
'--:l,~i('s;"'" ,B,!tqa,<oI.1ll<u'. " JCJ;:J-1nid'e' c,/Yo /N/
. ~):o.,lnc.
" pripted, typed or,stampe<l
.t1Jectrli:al Contractor's Name:
SlIltc Reglstration N~.(if contIacior)
Address
. Certificate #
Social Sei:urity, No.(lf ownerlbuilder)
City
State'
Zip
'Phone L-J
Qualifier's Signature (must b", notarized)
Date
ate ofFJorida, County of ,
Low Voltage Wor!i_Yes ~NQ
. '
, This building permit application wa~ subscribed before me; tbis day of . 20
By' , ' . who is personaIly known to me or produced ',' , as
,'identification, and who stated upon oath or affIrmation (circle one) that he/she has read this buiJdingpem1it
application, that the inforniation and, statements in this building permit application are true 10 the bestofhislher
knowledlle and that the work tn he dnn" is BlIthm;~erl hv the owner. ' ,
,".,' -""-r-------.~-'--,' , ,
APPLICANT'S SIGNATURE AND OATH OR AFFIRMATION . , '
. 'The 'P~~ permit and/or Permit applicati,," Lpl"" If not CQ~e"oed ~ithi" .i. (6) mo"~. Co; ~ d..e ~f lss~. 'The ~rmil or
cation fee will be four timC5 the amount of the permit fee. jf work. is started without an approved permiL The pcnniUce fUrther understands
:m.Iy 1~ccnscd conlrac:lOfi may be employed and that lhe structure will nor be used or occupied until a certificate of occupancy Is lssuad. By
ng th.s pcnnitapplicallon. I agree lhall have been ,e.alned by the owner/permiUee 10 provide contracting services Cor the lIatIe for wblob I : '
sled. FurthCllJJOll:, it is my responsibility 10 nollCy the Customer Service .ection oflhe Building Review and PermUllng Dcporum:oI should
long~ bc-the conlnlclor responsible for providing said contructlng llCrYicC$- I fiu1her agree lhat f ~ndcrstand lbat the.BYUm and isaulug of
JCmlII docs nOI CJ<empt m. kom complying with all County Cod.s and Ordinances. II i. further un<krslood thallh.,propcrty "
"'/JlC!1I1illcej. the.owncrofthe pcrmi~ ' . ' .
qo
1A
. ' . '. ' WARNING OF POSSIBLE DEEDRESTRlcrlONS "
LAND SUBJEcTro TIllS PERMIT MAYBE SUBJECT TO DEED, AND OTIlER RESTRICTIONS THAT MAY LIMIT OR IMPAlR
LANDOWNER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR THE ENFORCEMBNT 01' THESB RESTRICTIONS.
. ARE COLUER COIJlNY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVISB TO THI! PUBUC
o.TIVE TO TIlESB RESTRICTIONS. THE LANDOWNER OR ANY APP1..lCANT ACTING ON BEHA,U' Ol'THE l.ANPOWNll1\.I1>
nONEDTOSEEPROFESSIONALADVICE.' " " ", " ' " ," '.' '.
,.... .
, .. II
..- - . '. . .
_E: 'In addlUon to lb. requlremeuls of Ibis perndl, ,there may be additional re.lrlcUqlll appUcable 10 lilIs property
. -I, be found.1n Ihe pubDc records of Ibis Counly, alld th.re lDay be addllloual pemdb required .from olber
..nmental enUUes such as ~aler managem.nl district, slale ageDcle., or federal ag./ld....
, .
leral'CoDtl'actor's N~me:
Certll1cale'#
e ~gistratiOO: No.(if contractor)
Social Security No.(if owner/buildc:r)
XclSS
, City
Stale
Zip
Phone ~
Imer's Signature (must be ~otarized)
: of Florida, County of :
Date
;,
This building permit appIiFation was ~ubscribed befor~'me this " day of, ,20_
, , " ; who is personally known to me or produced as
,?fie;ation, and who atated upon oath or aff~tion (circle one} that helshe has read this building penni~, ,'.
lcation, that the infoIIIllltion and statements in this building permit application are true to the best ofhislhcr
.,ledge and that-the work to be done is authorized by the owner.
No/ary Public
, . (SEAL ABOVE)
prip/ed, typed or,s/amped
mieal Contractor's Name:
, Certificate #
'Gt, (36DI1<-j~
e~g1stration No.(if contractor)
lres~13?Ofivf-i:"7::r:;B:.;~ hone~ " ", ,"
llifier'sSignalure (mus/ be not~riz~d)' , Dale &/20 loG
/ '
leofFlorida~Countyof, to (i;eA LowVoltageWork_Ycs_No
--p~SbuildingjennitapPIicationwaSSUbSCribedbefOremet~ls d() dayof ,~'20 0 id
4f,<' k: Ri!fi..ll/!/' , who i naIly known me or produced ~'" as
~~~."tio~ ~ w~o!tated upon oath or aff~,~n, oil:}: one)~@~:~~ ~e:.d~~st~~~~~f~::r ' '
CULLlliK CUUN 1 r, .1<LUNUft
If A
mbing Contractor's Name:
te Registration No.
Social Security No.
Cert. No.
>5S
City
State
Zip
Phone
alifier's Signature (must be notarized)
Date
Lte Of Florida, County of
This building permit application was subscribed before me this day of
_by . who is personally known to me or
oduced as identification, and who stated upon oath or
firmation(circie one) that he/she has read this building permit application, that the information and
Itements in this building permit application are true to the best of his/her knowledge and that the work
be done is authorized by the owner.
printed, typed, 9r ~tamped
'C Mechanical Contractor's Nam-;-ji]..l1) H/11 c:7v 0 I 1'1 0 IV I,..) 6
ate Registration N~/JJ()1) 1?9 P cf Social Security No.
ddress I +;J., q {! Do,J .n- Stat~
(SEAL ABOVE)
11, tl.
Cert. No. /3 fSZ-:>
Zip.:?~/";C Phone If, 7'J- 22'Z..J-
Date 1 Q\lQ \(')lo
oofmg Contractor's Name:
tate Registration No.
, . Social Security No. ,
Cert. No.
.ddress
City
State_Zip
Phone
lualifier's Signature (must be notarized)
Date
tate of Florida, County of
This building permit application was subscribed before me this day of
O_by . who is personally known to me or
nduced as identification, and who stated upon oath or
ffirmation(circie one) that he/she has read this building permit application, that the information and
tatements in this building permit application are true to the best of his/her knowledge and that the work
o be done is authorized by the owner.
._._."__,__,,,.._._.___M....~.___;_~._.~,...'_,.~_^,_~.~,,__,___
Al'PLILATIU1'( J:1Ul'\. D\)J..J...jLl~nU'" .a.:J...."-I.u........
COLLIER COUNTY, FLORIDA
'lumbing Contractor's Name: ~ (j)~I.?~'IJ~ -
;tate Registration No.~057'i1o() Social Security No. Celi. No.
\ddres~110IJd;iJ2tL1f'JtJ5 City~.0!. State1L.zip3tj/tJtjphone73~ -71/aJ
;?uaIifier'~ Signature (must be notariz~d) 9t- 0/t}H'rr1.j Date (P11'5/ OJ
,tate of Florida, County of (I ~
-----
, This ..lu1iJ!ling permit appli,cation was subscribed before me this I~ day of ;J urL1L
w O/.vby ,y~ \.e / \ ^ )~ ' who is personally known to me or
)roduced I - as identification, and who slated upon oath or
lffirmation(circ1e one) that he/she has read this building permit application, that the information and
:tatements in this building permit application are true to the best of his/her knowledge and that the work
:0 be done is authorized H.
1A
e" ~ ANDREABOUEK
ei :~ MY COMMISSION' DO 294708
.'. . j EXPIRES: F~bruary 29, 2006
..' Ilc:n:iedThruNQlaryPublic:UndvrwrilllJ
c;Ancfua~\~
~D~' \Iek
printed, typed; or stamped
(SEAL ABOVE)
VC Mechanical Contractor's Name:
State Registration No.
Social Security No.
Cert. No.
<\.ddress
City
State
Zip
Phone
Qualifier's Signature (must be notarized)
Date
>tate of Florida, County of
This building permit application was snbscribed before me this day of
!a_by , who is personally known to me or
produced as identification, and who stated upon oath or
Ufirmation(circ1e one) that he/she has read this building permit application, that the information and
:tatements in this building permit application are true to the best of hislher knowledge and that the work
:0 be done is authorized by the owner.
(SEAL ABOVE)
printed, typed, or stamped
fmg Contractor's Name:
;tate Registration No.
Social Security No.
Cer!. No_
,ddress
City
State
Zip
Phone
2ualifier's Signature (must be notarized)
Date
:tate of Florida, County of
This bnilding permit application was subscribed before me this day of
:O_by , who is personally known to DIe or
Iroduced as identificatiou, and who stated upon oath or
,ffirmation(circ1e one) that he/she has read this building permit application, that the information and
tatements in this building permit application are true to the best of his/her knowledge and that the work
,. . .._ ___.Ll____~__..II L__"'-L_ _~~._~_
COLLIER COUNTY, FLORIDA
1A
APPLICANT'S SIGNA ~ AND OATH OR AFFmMATlON
The approved permit and/or permit application expires if not commenced within six (6) months from thc,date
.of issuance. The permit or, application fee will be four times the amount of the permit fee, if work is started
without an approved pennit The applicant/permittee further understands that oilly licensed contractors may be
employed and that the structure will nol be used or occupied unLi! a Certificate of Occupancy is issued.
Applicant's Namo (owner,6ntracto:;:!r;;te one):, t4:Lh ~V5
State Registration No. (ifContreclor) CGC (")(0/7 srf; Card No.
Social Security No. (ifOwncc-Buildcr)
Address ? ;?;,3S. jL:0r~..d at Cityj.[~~ PhoneG5Li13-1222.
Applicant's Signature (""fSt be notarized) _ __ _ ~_' Date Ca_ '5 _oh .
State of Florida, County of
1/ Th,is buildi~permit application was subscrib~ befor~ me this / S- day of ~, W )oD 6
by {:>.e.1 +A ~(iJ-€tfZ.~, who is ernonally know to me or produced i! ~_ as
identification. and who stated upon oath or umanon (circle one) that he/she nas read this building permit
application. that tho information and statements in this building permit applicatioQ. are true to the best of hislhor
_1~~on~~:;;;;;byfuOO_~~.;~.. .
n , t.;;""n:itr =-PIres: Mar II 2008 ~ '
(Sc.rW''Tf1ill-''VE) Bondod~
ittlanticBonding Co., Inc. $J-Z-AnnE F /fv 'tv'"
printed, typed, or stamped
OWNER-BUILDER DlSCLOSURJ!, STATEMENT,
(Disregard if Applicant is not an Owner-Builder)
Stato law and Collie County Ordinance requires construction to be done by licensed contractorn: If you are
applying for a permit nder an exemption to that Jaw, the exemption allows you, as the owner of the property,
to a.ct as your own con ctor even though you _do not bave a license. You must suporvise the construction
yourself: You may'build r improve a one-family or two-family resi<lence or a fann outbuilding. The building
must be for your own use d occupancy. It may not be built for sale or lease. If you sell or l"'ISe a building
you have built yourse\( willi one (I) year after the construction is complete, the law will presume that you
built it for sale or Jease, whic is a violation of this exception. Moreover, an owner-builder applying for or
receiving more than one (1) buil 'ng pennit for the construction of a one-family or !;wo-family dwelling in any
three year period shall be prima, fa . e evidence of building/contracting without a license which is a violation of
tho Collier County Code. It is you responsibility to make sure that people employed by you have licenses
required by State law and b~' Comity municipal licensing ordinance. Any person working on your building
who is not licensed must work under y r supervision and must be employed by you, which means that you
must deduct FJ_C.A. and withholding and provide workers' compensation for that employee, all 'as
prescribed by law. Your construction must om ply with all applicable laws, ordinances, building code., and
,zoning regulations_
NOTICE: In addition to tbe requirements of th permit, there may be additional restrictions applicable
to tbls property thllt'may be fonnd In tbe public orda of this County, and there may be additional
permits required from other governmental entities s h as water management districts, state agencies, or
, federal agencies:
WARNING OF OSSIDLED RESTRICTIONS
THE LAND SUBJECT TO. TillS PERMIT MAY BE soom TO DEED, AND OTIlER RESTRICTIONS
TIIAT MAY LIMIT OR IMl'AIR THE LANDOWNER'S GIlTS. COLLIER COUNTI IS NOT
RESPONSIBLE FOR THE ENFORCEMENT OF THESE RESTRI ONS, NOR ARE COLLIER coUNTY
EMPLOYEES AUTIIORlZED TO PROVIDE LEGAL OR BU SS ADVISE TO THE PUBLIC'
RELATIVE TO THESE RESTRICTIONS. THE LANDOWNER 0 ANY APPLICANT ACTING ON
BEHALF OF THE LANDOWNER IS CAUTIONED TO SEEK PROFESS NAL ADVISE.
AY
02/13/2008. WED 9: 00 FAX
Building Review and Permitting
~002!008
Page 1 of 7
1A
Permit Tracking and Inspection Scheduling
Click on the Inspection CodelDescription to
Cancel OR Schedule an Inspection
Back
Inspection History for Permit Number: 2006063048
IcodefDesc IIRequest IIRe,utt IID.te Iltospector I
liS/FINAL BUILDING 01/02/2008 ~~~gVED AS 01/02/200sl'lIck I
iRE MARKS: plywood shutlers meet F ,8,C, & eng. fastening details I
I i
ICode/Desc IIReque't IIResult IIDate Iltnspector
REQUEST 1.liCk I
liS/FINAL BUILDING 1213112007 CANCELLED BY 1213112007
USER
IRE MARKS: - ~
I I
ICode/Desc IIRequest IIReSUIt IID.te Ijlnspector - .--J
REQUEST 121071200711.tick I
liS/FINAL BUILDING 12107/2007 CANCELLED BY
DEPT
IREMARKS: consultation w/contrator 10 verify shutter attachments- will recall when complete I
I I
ICode/Desc IIRequest IIResult IIDate IItnspector I
REQUEST lowen. \
liS/FINAL BUILDING 11/2112007 CANCELLED 8Y 11/2112007
USER
jREMARKS: per keith I
I I
jCode/Desc IIRequest IIResult IIDate 1!lnspector I
11510lNAL BUILDING 11111191200711~'SAPPROVAL. 11119120071HARRISON_G I
. ~~E lREMARKS: Need clarification on fastening details for plywood shutters' .---.J
I I
ICodelDesc IIRequest IIResutt ilDate IItospector I
11081FRAMING 1I0S122/200711APPROVAL I108122/2007I1gille.pie I
IREMARKS: I
I I
jCodelDesc IIRequest IIResult ~IDate II Inspector I
1151FINAL BUILDING 711~ARn 08123/2007!TOMGILLESPIE I
08/21/2007 APPROVAL REMARKS: per tom gillespl, missing part of handrail is decorative; handrail as it stands now
meets life I safety concerns Ind
I I
ICod./Desc IIRequest IIResul1 !loate IIlospector I
1801/SITE DRAINAGE I 08121/2007 APPROVED AS OS/21/2007 JOSEPHGIANNONE
NOTED
REMARKS: MARK TO REMOVE ANY PART OF BERM THAT EXTENDS ONTO AJOINING
LOT TO THE LEFT
.
http://apps.colliergov.net/commdev/permits/trackingjnsp/lnspDet.cfm?PermitNbr=2 0060,.. 1/1 0/2008
02/13/2008 WED 9: 01 FAX
Building Review and Permitting
I:i'J003/008
Page 20f7 I{ ~
I I
ICode/oesc IlRequest IlResu11 II0ate IIlnspeetor I
IS14/EROSION/SIL T Ilos/211200111~~~gVED AS 1I081211200111JOSEPHGIANNONEI
IREMARKS: SITE (PRESERVE) TO BE INSPECTED 6Y THE SOUTH FL WATER MANG. I
I I
ICodelOese IIRequest IIResull IIDaiO-i[inspeetor I
!S02/lANDSCAPING IIOB/21f200111~~~gVEO AS 1I081211200111JOSEPHGIANNONE
IREMARKS: TOM K, TO HANDLE ISSUE OF SIDEWALK I
I I
leode/Dese IIRequost IIResult II0ate Illnspeetor I
301 /FINAL IIOB/l0/20011IAPPROVAL 1108/10/20011Irivard I
MECHANICAL NC
IRE MARKS: I
I I
ICodelOese IIRequest IIResult I!Oate Ilfnspeetor I
/BOl ISITE DRAINAGE IIOSI03/200111~~~~ROVAL. 1106/0312001 IJOSEPHGIANNONEI
REMARKS: TO HAVE PHOTO CHECKED OF SWALE AND DRAINAGE AT LEFT PROP.
LINE TO DETERMINE FLOW NEED TO SEE PRINT OF SIDEWALK. MAY NEED TO
INSTALL ALL DRAINAGE FLOW TO THE FRONT
I I
ICodefDesc IIReqUest IIResult II0ate II'nspeetor I
IS02 /lANDSCAPING IIOS/03/200111~~~~~ROVAL, 1I08103f200111JOSEPHGIANNONE
IREMARKS: AS PER PHOTOS MAY NEDD TO SEAT SOD I
I I
ICode/Oesc IIRequest IIResult II0ate IIlnspeetor I
814 /EROSION/SIL T 1108/03/200111?ISAPPROVAL. 1I08103f200111JOSEPHGIANNONE
SECOND FEE
IREMARKS: TO STABLlZE WHERE NEEDED I
I I
ICode/Dese IIReQuest IIResult II00te Illnspeetor I
1509 /FINAL TVITELE 1I0S/03/20011IAPPROVAL Ilos/03/20011Iellls I
IREMARKS: I
I I
ICodelOese IIRequest IIResult 1I0ate II Inspector I
SOl/SITE DRAINAGE IIOS/Ol/200711~,I~~f~~~VAL, IIOS/Ol/20071IJOSEPHGIANNONE
REMARKS: NOT READY TO DEVELOP SWALE BETWEEN LOTS BLOCKING
NEIGHBORS FLOW
I ~
ICod.,Oese IIRequest IIResult 1I0ato Illnspoelor I
IS02/lANDSCAPING IloS/01/200711?ISAPPROVAL. IIOS/01120071IJOSEPHGIANNONE
SECOND FEE
IREMARKS: I
I I
ICOde/Desc IIRoquest IIRosult IIDote IIfnspeetor I
1814 /EROSION/SIL T IIOS/Ol/2OO711?ISAPPROVAL. IIOS/Ol/20071IJOSEPHGIANNONE
FIRST FEE
IRE MARKS: I
I I
I II II II tl II
http://apps.colliergov . net/commdev /penni ts/tracking_insp/lnspDet. efm ?Pel'mitNbl'=20060."
I/] 0/2008
02/13/200S WED 9,01 FAX
Building Review and Permitting
1dI0041008 nfl
Page}of7 1M
ICode/De'e IIReque.t IIRe,ult IIDate IIln.peetor I
204/FINAL 07/301200711APPROVAL 1107/30/2007 Ilalerneau I
PLBGNERIFY METER#
WITH UNIT# IREMARKS: REQUEST ADDED THRU AIRS I
I I
ICode/De.c
IIDete
IIln.pector
!lReque.t IIRe,ult
IS01/SITE DRAINAGE 107/30/2007 DISAPPROVAL, 1107130/2007 JOSEPHGIANNONE
NO FEE
REMARKS: left side remove berm keep flow on your 101 can not block. neighbors flow into
swale
II I
Icode/De.e IIReque.1 IIRe,ult IIDal. IIln.peetor I
1802/LANDSCAPING I 07l30/200711~'SAPPROVAL. 07/30/20071IJOSEPHGIANNONE
FIRST FEE
REMARKS: ask Daryl ok to remove sidewalk clean row repair broken valley guller seal sod
remove berm NEED TO INSTALL SIDEWALK 'I" J,D, TO CHECK REAR
I I
ICode/De.e IIReque.t IIRe.ult IIDate Illnspeetor I
201/PLUMBING TUB 07l30f.2007IAPPROVAL ! 07/30/200711alerneau I
SET
IRE MARKS: I
I I
ICodelDesc IIReque.t IIRe,ult ...-JIDate Illn.peetor I
810 iEXOTIC VEG !I07/30/2007!APPROVAL 107/30/20071IJOSEPHGIANNONE
REMOVAL
IREMARKS: I
I I
leoda/Cese IIReque.t IIRe,ult IIDate IIln.pector I
1814/EROSION/SIL T I 07/30/200711~'SAPPROVAL. 07130/200711JOSEPHGIANNONE
NO FEE
jREMARKS: stabJize where needed slablize under pool pump pad stablize rear I
I I
(Code/Dase IIReque.t IIRe,ult IIDate IIln.peetor I
204iFINAL DISAPPROVAL.
PLBGNERIFY METER# 07/27/2007 07/27/2007 laterneau
WITH UNIT# NO FEE
IREMARKS: nol ready I
I I
ICode/De.e IIReq uest IIResult 1~llln.peetor I
301/FINAL 07126/2007 DISAPPROVAL. 07/2612007ITIMOTHYRIVARD I
MECHANICAL NC FIRST FEE I REMARKS: revise cales 10 show 1 ahu in attic and 3 alc systems # 3 clu move for clearances
to wall md
II -- I
ICode/Dese IIRequest IIResuit IIDate IIln.peetor -I
502 IFINAL 07/26/20071APPROVAL 107/26/20071ellts I
ELECTRICAL
IREMARKS: I
I I
jCodefOesc IIReque.t IIResult 1I0ale Illn.pector I
3011FINAL REQUEST Irivard I
0711112007 CANCELLED BY 07/11/2007
MECHANICAL NC IUSER
IRE MARKS: per Mark
http://apps.colliergov.net/commdev/pennits/tracking_inspllnspDet.cfm?PermitNbr=20060 ". 1 / 1 0/2008
02/13/2008 WED 9: 01 FAX
, Building Review and Permitting
1dJ0 051 00 8
Page 4 0f7
rJA
I
ICodelOese
1'34/FINAL ROOFING
IREMARKS'
IIRequest IIResult
1I04/26/2D0711APPROVAL
1I0ate II Inspector
1104/26/200711gillesple
I I
ICodelDesc IIRequest IIResult lIoate l!lnspector I
l111ROOFING IN l~4/23/200~IAPPROVAL [I04123120071]gilleSPie I
PROGRESS
IREMARKS: I
I I
Icode/Dese IIRequest IIResult 1I0ete Illnspector I
1109 IINSULATION 1I03105/2DD711APPROVAL IIo3/051200711warfield I
IREMARKS: I
I I
ICodelOese IIRequest IIResult II0ate IIlnspector I
13611MPACT GLASS "02/281200711~PPROVEO AS 1102128/200711gilleSPle I
FRAMING NOTED
REMARKS: letter to file for change on windows from impact to regular and will need shuller
inspection set up. LeHar slates "Plywood shutters.. Not clear on install details and will need
engineering unknown? Need fastening detafls per discussion w1thn Inspector on 11/16/07
I I
ICode/Oese IIRequest IIResult II0ate Illnspector I
1'08/FRAMING III~ART'L 1102/2B,20071Igillesp;e I
02/2812007 APPROVAL
IREMARKS: ell bul front door on order I
I I
leode/Dese IIRequest IIResult 1I0ate IIlnspector I
1108/FRAMING IID2/25/2D0711~ISAPPROVAL, 1102l2B/200711gille'Pie I
II" THIRD FEE
REMARKS: Some perforations remain and ceiling in atrium in right front of house needs
blocking at lowest ceiling lever on the circle, second fail on this 108 should have been an 82
not 81
I I
ICodelOese IIRequest IIResult 1I0ate IIlnspeetor I
1108/FRAMING 1102121'20o7lr~ISAPPROVAL. II02121/20071EDWINOGROOZKI I
SECOND FEE
REMARKS: Top plale perforations, horizontal PT missing, Garage entry door not screwed
Garage door to house nol installed. No front entry,
I II
ICode/Dese IIRequest IIResult 1I0ate Illnspeetor -ll
13611MPACT GLASS 11~2121'20071IP'SAPPROVAL. II02/21/2oo7jwinogrodzki
FRAMING NO FEE
!REMARKS: Cannot locate any impact units, I
I I
ICodelOese IIRequest IIResult 1I0ate IIlnspector I
1'08/FRAMING I 01/22/2007 II?'SAPPROVAL. 1101/2212007!gille'Pie I
FIRSTFEE
REMARKS: base plate nuts loose in garage, top plate perforations, draft stop, windows not
complete, sliders and doors not complete,wlndows not shimmed solid at screw points and air
gaps more than 1/4, inch, need roam at all elee perforations in plates and PT missing at lop
horizontal, see card
I I
leoda/Dese IIRequest IIReSUIt lIoate IIlnspeetor I
IS081TVITELE ROUGH 1I01116/200711APPROVAL 1I01/16/2007110Ili' I
I I
http://apps.colliergov.netlcommdev/permits/trackingjnsplInspDet.cfm?PermitNbr=20060 ... I /1012008
, Building Review and Permitting
1dI0 06/ 00 B
Page 5 of 7
1A
02/13/2008 \\TED 9: 01 FAX
IREMARKS
I I
ICode/Oese IIRequest IIResult IID.te IIlnspeeto, I
1508 rrvlTELE ROUGH Ilol/08/200711~11~~~i~~VAL. 1101/0B/20071!dovldson I
IREMARKS: wIres not in boxesa and wires not supported in the wall I
I I
ICodelOese IIRequest IIResulf 1I00le IIlnspeeter I
201IPLUMBING TUB 1101/0BI200711~ART'L II01JOBl2oo71!13temeau I
SET APPROVAL
IREMARKS: I
I I
ICode/Oesc IIRequest IIResult I100te Illnspector I
202/PLUMBING 1101/0B/20071!APPROVAL -jJo1loef200711laterneau I
STACK TEST
IRE MARKS: I
I I
ICode/Desc IIRequest IIResult I100te Illnspeetor I
5011ELECTRICAL IIOtffi81200711APPROVAL !lo1/o8/20071ld8vidson I
ROUGH
IREMARKS: I
I I
ICodelOese IIRequest IIResult 1I0.te IIlnspeetor I
501IELECTRICAL 1101/04l200711~~~~~ROVAL, 1101104l2007Ij.hom.s I
ROUGH
REMARKS: 1. thhn must be installed in conduit al panel. 2~ remove two light fixtures & two
reept's from poollocalion 680,22, 3- add recpt's at kitchen counter 210.52(0) Imat
I I
ICode/Oese IIRequest IIResu11 Ilo.te Illnspeetor I
300/MECHANICAL 1101/02/20071IAPPROVAL 1101/02/20071Ipaleila I
ROUGH AlC
IRE MARKS: I
I I
ICode/oese IIRequest IIResult 1I0ale Illnspeetor I
50t/ELECTRICAL 1112/271200611~~~~~ROVAL. 1112/27120061!Wineer I
ROUGH
REMARKS: bond gas pipe. smoke del not within 4".12" of highest point. also within 3' of fan,
measured from lip of blade, nm under slab, box not rated for fan, inspection incomplete
I I
ICode/Oese IIRequest IIReaUIt II0ate Illnspeetor I
300/MECHANICAL IIp/27/2006IWISAPPROVAL. 1112I27120051~- I
ROUGH AlC . FIRST FEE
IREMARKS: support dfbox and repair torn duct at top of stairs. -- I
I I
ICode/Desc IIRequest IIResult 1I0ate I!lnspector I
505ITUGITEMPORARYII12f14/2005IAPPROVAL 1112/141200611e1l1s I
UNDERGROUND
IREMARKS: olde cypress I
I I
ICode/Dese IIRequesl IIResult 1I0ale lllnspector i
107/SHEATHING 11'2/06/2006 !1~:;';.~gVED AS -lr~-2fo6f20061!gillesPie I
METAL FASCIA
REMARKS: letter to file for upstairs door correction and anchoring installed for wall
http;//apps.colliergoy.netlcommdev/permits/tracking. insp/lnspDeLcf m ?PermitNbl=20060", 1/10/2008
02/13/2008 WED 9, 02 FAX
Building Review and Permitting
14100 J / 00 B
Page 6 on
1~
lconnections missing I
I I
ICodelOese IIRequest IIResult II0ete Hlnspector I
107 ISHEA THING 111 ; II;ART'L 1\121051200sl!TOMGILLESPIE I
METAL FASCIA 121051200S APPROVAL IREMARKS: ROOF ONLY. OK TO DRYIN SAME DAY $ 40,00 IPW I
I I
ICode/Dese IIRequest IIResult II0ate IIlnspector I
107/SHEATHING 11121041200sll?ISAPPROVAL. 1112/041200~lg'lIeSPie I
METAL FASCIA FIRSTFEE
REMARKS: need clarification on upstairs door opening, stud wall 10 masonary
conneclion&,attic access to upstairs area
I I
ICodelOese IIRequest IIResult II0ate Illnspeetor I
1104 ITIE BEAM 1111/22/200sIIAPPROVAl 1111122/200611gillespie I
IREMARKS: I
I I
ICode/Oese IIRequest IIResult 1I00te IIlnspector I
11041T1E BEAM 11111211200sll~~~~~ROVAL, 1111/21120061!glllesp,e
IRE MARKS: not reody
I
ICode/Oese IIRequest IIResult 1I00te IIlnspeetor
505ITUGITEMPORARYI111121/200611~'SAPPROVAl. 1!1112112006!ldOVidson I
UNDERGROUND FIRST FEE
REMARKS: need revIsion so work matches plans. missing pipe support,missing water pipe
clamp for grounding electrode,
II I
ICode/Oese IIRequest IIResult 1I00te Illnspector I
1104 ITIE BEAM 111 i II~ART'L 1111I131200611gllleSPie I
11113/2006 APPROVAL
IRE MARKS: firsllift I
I I
ICode/Cese
I
1I00le
Illnspector
IIRequest
IIResult
I
1191FILL CELLS 1111/13120051 APPROVAL 11111131200611gillespie
IRE MARKS:
I
jCode/Desc IIRequest IIResult IIDote lI'nspeetor
11041T1E BEAM 1 11/09/2005 DISAPPROVAL. 1111/09/20061IglllesPie II
FIRSTFEE
REMARKS: crack bars, beam pockets vertical steel in round columns, need 119 called in with
104
I I
ICodelOese IIRequest IIResult II00te I!lnspector I
12031SEWER TAP 1I11/0BI2006I1APPROVAL 1111108/2006 II hooker I
IRE MARKS: I
I I
ICode/Oese IIRequest IIResult II00te Illnspeetor 1
505ITUGITEMPORARY REQUEST 11/0512006 lAIRS I
UNDERGROUND 11107/2006 CANCELLED BY
USER
jREMARKS: I
I I
http://apps.colliergov.net/commdev/permits/tracking_insp/lnspDet.cfm?PennitNbl~ 2 0060,., 1/1 0/2008
02/13/2008 "'ED 9: 02 FAX
Building Review and Permitting
1dI0 081 008
Page 7 of 7
1A
ICodelOese IIRequest IIResult IIDate Illnspeeto, I
122110 DAY SPOT 1111106120061!APPROVAL 1111/031200sl!DAY _N I
SURVEY
IREMARKS: LLe = 102,11nd I
I I
ICode/Oese IIRequest IIResult 1I0at. IIlnspeeto, I
133/MONOLlTHIC 1110125/200sl!APPROVAL \10/25/200611gilleSPle I
SLAB
IREMARKS: I
I I
ICode/Oesc IIRequest IIResult 110.te IIlnspeeto, I
200/PLUMBING 11101201200sIIAPPROVAL 1110/20/2ooslllaterneau I
ROUGH
IREMARKS: I
I I
ICodelOese IIRequest IIResult II0ate IIlnspeeto, I
099 /NOTICE OF !I1W191200sIIAPPROVAL 1110119/200sllpOLL Y'MLSON r
COMMENCEMENT
REMARKS: NOC OR : 4094 PG . 2085 HOUSE, AND IF APPLICABLE, POOL. CAGE,
LANDSCAPING ,IRRIGATION, AND FENCEING I PW
I I
!.~. Print a copy of this page,
Conlacllhe webmaster for technical Questions aboul our web sileo
Copyrlght e 2000 - 2004 Collier County Government. AI! Rights Reserved,
Usage is licensed under the terms of the GNU Public License. Any other usage is strictly prohibited.
http://apps.colliergov.netJcommdev/pelmits/trackinLinsp/lnspDet.cf111?Permi tNbr=2 0060, ., 1/1 0/2008
02/13/2008 WED 9: 00 FAX
ktJo 01100 8
1A
STILES-SOWERS
CONSTRUCTION, INC.
233. S. Airport Pulling Ro.d . Naples, FL 34H14
Office. 239-213-1222
Fa> . 239.213-1151
To:
C0\~ ~C~
L\J,S' \ ;) \ &
From:
Farn
?~'" 'if'
PI1<me:
Date:
kte:
,,'"
.~=-'- \i'y<\-\-
~~(~h.,,~ .
Confidentiality Notice: The documents accompanying tbe facsimile transmission maj' co-ntaio confidential infl)I'mathm belonging to the
owner whicb is legally privileged. Tbe ioformotioo is intended only for the use of lbe individual or enti~' named above. If you are not the
intended recipient, you are hereby notified that any disclosun; copying, distributicm, or the taking of any action in reUaD~e on the
contents ofthis information is strictly prohibited. If you receive this facsimile in error, please immediatel)' notify us by telephone to
arrango the return of the documents to us,
Page 1 of 1
lA
Cooper, Margaret L.
From: Craig Grider [cgrider@gcjlaw,com]
Sent: Thursday, February 07, 2008 3:02 PM
To: Cooper, Margaret L.
Cc: nburkes@comcast.net
Subject: FW:
FYI. Square footage of other homes on the same street as mine. Notice Lot 33 is actually bigger under air than
my house, Lot 14 is nearly 3000 square feet and I believe that is Diane Ebert's home.
Lot 26 - Sq. Footage - 2710 under air
Lot 33 - Sq, Footage - 3909 under air
Lot 35 - Sq, Footage - 3233 under air
Lot 42 - Sq, Footage - 2702 under air
Lot 46 - Sq, Footage - 3518 under air
Lot 49 - Sq, Footage - 2261 under air - added second story but could not find the addition in the book
Lot 51 - Sq. Footage - 2900 under air
Lot 11 - Sq, Footage - 2851 under air
Lot 14 - Sq. Footage - 2968 under air ...
Lot 20 - Sq. Footage - 3233 under air
Lot 21 - Sq, Footage - 2727 under air
The information contained in this transmission may contain privileged and confidential information, It is intended only for the use of the person(s) named
above, If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication oflhis communication is
strictly prohibited. If you are not the intended recipient, please contact the sender by reply emajl and destroy all copies oflhe original message,
2/18/2008
Page 1 ofl
1A
Craig Grider
From: hedrich_d [DHedrich@colliergov.net]
Sent: Monday, August 29,20059:47 AM
To: Craig Grider
Subject: RE: Oid Cypress
It is hard to read the words for what is setback lines, easement lines, and property lines. But the idea is correct.
You take the setback measurements from the cord line as opposed to the property line and or back of curb,
unless the PUD stipulates otherwise.
-----Original Message--m
From: Craig Grider [mailto:cgrider@gcjlaw.com]
Sent: Monday, August 29, 2005 9:20 AM
To: hedrich_d
Subject: PN: Old Cypress
David,
Please confirm you received this as we have been having trouble with our email during the remodel
of our offices. Look forward to hearing from you. Thanks.
Craig
From: Craig Grider
Sent: Friday, August 26, 2005 4 :40 PM
To: 'dhedrich@colliergov.net'
Subject: Old Cypress
David,
Here is the sketch showing the lot, along with radius and chord setbacks. As we discussed, I wouid
like to use the chord setback on the front yard cul-de-sac side. Can you confirm that this is okay
conceptually? Thanks.
Craig
Craig D. Grider, Esq.
Goodletle, Coleman & Johnson, P.A.
4001 Tamiami Traii North, Suite 300
Naples, Florida 34103
(239) 435-3535
(239) 435-1218 (fax)
This message is intended for the use of the individual or entity to which it is addressed and may contain
information that is attorney privileged, confidential and exempt from discfosure under applicable law. If the
reader of this message is not the intended recipient, or the empioyee or agent responsibie for delivering
the message to the intended recipient, you are hereby notified that any dissemination, distribution or copy
of this communication is strictly prohibited. If you have received this communication in error, please notify
us immediately by telephone and return the original message to us at the above email address. Thank
you.
12/6/2007
Page 1 of2
1A
Craig Grider
From: Craig Grider
Sent: Wednesday, November 23,20058:58 AM
To: 'davidhedrich@colliergov.net'
Subject: FW: Old Cypress
Attachments: Olde Cypress Plat Excerpts.pdf; Olde Cypress PUD Excerpts.pdf
David,
I sent this email to the email address I used last time, but just noticed on your website that your email
address was different than before, Please confirm that you have received this email and let me know if this is
something you would review or if I need to contact another department. Thanks.
Craig
From: Craig Grider
Sent: Thursday, November 03, 2005 5:05 PM
To: 'hedrich_d'
Subject: RE: Old Cypress
David,
I've been trying to get confirmation on a setback issue on my lot in Oide Cypress, and was wondering if
you couid help me out again. I talked to you about the chord vs. radius setback issues before (per emails below)
and i am trying to confirm the side yard setbacks, The lot address is 2949 Lone Pine Lane and the legai is aide
Cypress Unit 3, Tract 5, Lot 28.
It eppears from the Olde Cypress PUD (Ord 99-92) (relevant pages attached) that the lot is probably
designated Single Family Detached, although we originally received information from the Cqunty that the lot was
designated zero lot iine. The lot is aiso located on a cul-de-sac, so it is my understanding that I have 2 front yards
and 2 side yards, instead of a rear yard, If that is accurate, then the setbacks for a Single Family Detached
designation would be 25' on the 2 fronts and 5' on the 2 sides. However, I was informed that if the side yard at
the "rear" of the lot had a platted drainage easement of 10', the side setback wouid be the 10' easement area
instead of 5'. There is a 10' platted easement (PB 32, pg 86) (relevant portions of plat attached) along the rear of
the lot, but is a golf course easement, not a drainage easement. Also, the rear of the iot is preserve, not golf
course. The developer has informed me that they will execute whatever documentation is required to waive any
rights as to the golf course easement.
What documentation would the County require, if any, from the developer to effectively waive any rights
reserved in the golf course easement to allow me to use the 5' side yard setback instead of the 10' platted
easement setback? I do not want to build any part of the actual home in the 10'. but would like to extend the
lanai, pool and screen cage.
If no documentation is necessary, can you confirm that the 5' side yard setback can be utilized on the
"rear" of the lot? If easier, I would be happy to come down and discuss this with you in person. Thanks again for
all your help and please call me at 435-3535 if you need any additional information or would like to discuss this in
more detail.
Craig Grider
From: hedrich_d [mailto:DHedrich@colliergov.net]
Sent: Monday, August 29, 2005 9:47 AM
To: Craig Grider
Subject: RE: Old Cypress
It is hard to read the words for what is setback lines, easement lines, and property lines. But the idea is correct.
12/()!2007
Page 20f2
YDU take the setback measurements from the cDrd line as oppDsed tD the property line and or back Df curb,
unless the PUD stipulates Dtherwise.
-----Original Message----- 1A
From: Craig Grider [malltD:cgrider@gcjlaw.cDm]
Sent: MDnday, August 29, 2005 9:20 AM
To: hedrich_d
Subject: FW: Old Cypress
David,
Please cDnfirm YDU received this as we have been having trDuble with our emall during the remDdel
Df Dur Dffices. LDDk fDrward tD hearing from YDU. Thanks.
Craig
From: Craig Grider
Sent: Friday, August 26, 2005 4:40 PM
To: 'dhedrich@colliergDv.net'
Subject: Old Cypress
David,
Here is the sketch shDwing the lot, alDng with radius and chDrd setbacks. As we discussed, I wDuld
like tD use the chDrd setback Dn the frDnt yard cul-de-sac side. Can YDU cDnfirm that this is Dkay
cDnceptually? Thanks.
Craig
Craig D. Grider, Esq.
GDDdlelle, CDleman & JDhnsDn, PA
4001 Tam/ami Trail NDrth, Suite 300
Naples, FIDrida 34103
(239) 435-3535
(239) 435-1218 (fax)
This message is intended for the use of the individual or entity to which it is addressed and may contain
information that is attorney privileged, confidential and exempt froin disclosure under applicable law. If the
reader of this message is not the intended recipient, or the employee or agent responsible for delivering
the message to the intended recipient, you are hereby notified that any dissemination, distribution or copy
of this communication is strictly prohibited. if YDU have received this communication in error, please notify
us immediately by telephone and return the original message to us at the abDve email address. Thank
you.
1 ?Jfi!?007
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RANGE 26 EAST, COLLIER COUNTY, FLORIDA, TO BE MADE AND DOES HEREBY
DEDICATE AND RESERVE AS FOLLOWS: '
RESERVE TO OLOE CYPRESS DEVELOPMENT, LTD., A FLORIDA LIMITED PARTNERSHIP,
ITS SUCCESSORS AND ASSIGNS:
1. TRACT R FOR ROADWAY PURPOSES, Sl,JBJECT TQ EASEMENTS HEREIN
SETF.'ORTH, SAID TRACT R IS A ROAD RIGHT-Of-WAY, ALL ROADS,
STREETS, LANDSCAPING AND OTHER IMPROVEMENTS NOW OR HER~FTER
LOCATED \'I1lHlN TRACT R SHALL BE AVAILABLE fOR THE USE AND
BENEFIT QF' THE PROPERTY OWNERS, lHEIR GUESTS AND INVITEE!!, AND ARE
NOT INTENDED FOR USE BY THE PUBLlC-AT-LARGE, COLLIER COUNTY SHALL
HAVE NO MAINTENANCE RESPONSIBILITY .\'I1THIN TRACT R.
2. TRACT R AND ALL DRAINAGE EASEMENTS (D.E.) AS SHOWN ON THIS PLAT FOR
THE CONSTRUCTION AND MAINTENANCE OF DRAINAGE F'ACILlTlES WITH NO
RESPONSIBILITY FOR MAINTENANCE. '
3. TRACT R AS A Vl1LITY EAS[!;MENTS (V.E.) FOR THE PURPOSE OF CONSTRUOl1NO,
INSTALLING, MAINTAINING AND OPERATING WATER, SEWER AND IRRIGATION fACILITIES,
WITH NO RESPONSIBILITY fOR MAINTENANCE. ALL USES SHALL BE SUBJECT TO AND
NOT INCONSISTENT WITH USE BY COLLIER COUNTY OR THE COLLIER COUNTY WA TER-
SEWER DISTRiCT AS A COUNTY Ul1L1TY EASEMENT (C.U.E.).
4, ALL Ul1LITY EASE;MENTS (U.E,) AS SHOWN, FOR THE PURPOSE Of INSTALLATION AND
MAINTENANCE OF THE RESPECTIVE FACILITIES, WITH NO RESPONSIBILITY F'OR
MAINTENANCE, PROVIDED ALL USES SHALL BE SUBJECT TO AND NOT INCONSISTENT
'MTIi, USE BY COLLIER COUNTY OR THE COLLIER COUNTY WATER-SEWER DISTRICT AS
A COUNTY UTILITY EASEMENT (C.U.E.);'
, ALL GOlf COURSE EASEMENTS (G.C.E,) AS SHOWN FOR THE PURPOSE OF
CONSTRUCTION. MAINTENANCE AND OPERA110N OF' GOLF COURSE AND
GOLF COURSE FACILITIES, \'11TH NO ~ESPONSIBILlTY FOR MAINTENANCE.
1A
-- --
6. ALL SINGLE FAMILYRESIDENllAL LOTS 'MltilN OLOE CYPRESS, UNIT THREE SHALL HAVE
A 5 FOOT UTILITY AND DRAINAGE EASEMENT (U.&[).E.) ALONG THE SIDE ~OT LINES
EXCEPT WHERE SIDE LOT LINES LIE ADJACENT TO SlREETS, AND """ERE MORE
THAN ONE LOT IS INTENDED FOR A SINGLE BUILOING SiTE ONLY THE OVTSIDE
BOUNDARIES OF SAID BUILOING SITE SHALL CARRY SAID EASEMENT, 'MTIi NO
RESPONSIBILITY FOR MAINTENANCE.
DEDICATE TO OLDE CYPRESS MASTER PROPERTY OWNER'S ASSOCIATlON. TIiEIR
SUCCESSORS AND ASSIGNS, 'MTH FULL RESPONSIBILITY F'OR MAINTENANCE:
1. TRACT R FOR NON-EXCLUSIVE ROADWAY PURPOSES, SUBJECT TO EASEMENTS
, HEREIN SETFORTIi, AND FURTIiER SUBJECT TO THE TERMS AND PROVISIONS
OF THE DECLARATION Of COVENANTS, CONDIl10NS, RESTRICTIONS AND
EASEMENTS FOR OLDE CYPRESS. SAID TRACT R IS ROAD RIGHT-Of-WAY.
ALL ROADS, STREETS, LANDSCAPING AND OTHER IMPROVEMENTS NOW
OR HEREAF'TER LOCATED WITHIN TRACT R SHALL BE AVAILABLE fOR THE
USE AND BENEF'll OF' THE PROPERTY OWNERS, 'THEIR GUESTS AND INVlTEES,
AND ARE NOT INTENDED FOR USE BY TIiE PUBLIC-Al'-LARGE, COLLIER
COUNTY SHALL HAVE NO MAINTENANCE RESPONSIBILITY \'I1THIN TRACT R.
2. TRACT RAND ALL DRAINAGE EASEMENTS (D.E.) AS SHOWN ON THIS PLAT
FOR TIiE CONSTRUCTION AND MAINTENANCE OF DRAINAGE FACILlTlES.
3. TRACT R AS UllLlTY EASEMENTS (U.E.) FOR THE PURPOSE OF CONSTRUCTING.
INSTALLING, MAINTAINING AND OPERATING WATER, SEWER AND IRRIGATION
F'ACILlTlES. ALL USES SHALL BE SUBJECT TO AND NOT INCONSISTENT \'11TH
USE BY COLliER COUNTY OR THE COLLIER COUNTY WA TER-SE~R DISTRICT
AS A COUNTY UTlLlTY EASEMENT (C.U.E.).
4. ALL UTILITY EASEMENTS (U.E.) AS SHOWN, fOR THE PURPOSE Of INSTALLATION AND
MAINIENANCE OF THE RESPECl1VE FACILITIES. PROVIDED ALL USES SHALL BE
SUBJECT TO AND NOT INCONSISTENT WITH. USE BY COLliER COUNTY OR THE
COLLIER COUNTY WATER-SEWER DISTRICT AS A COl)NTY UTILITY EASEMENT (C.U.E.).
..' ~
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Job #16908
User ID
N/A
User
cgrider
Title
OldeCypress PUD Excerpts.pdt
Source: Network Card
Language: PostScript
Printed: THU DEC 06 11 :48:33 2007
rr~
OLDE
c y PtZ-f5S
UNIT J~
DEe 1999
RECElV'tll
CleOt
of Boan!
1ft
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WHEREAS, Robert L. Duane, AICP of Hole, Montes & Associates, Inc., rep';'s'~~tirii;
:.:::',-\ .,.
Olde Cypress Development Corp., petitioned the Board of County Commissioners to i:h~~ge~e
).>
zoning classification of the herein described real property.
ORDINANCE NO, 99- 92
AN O~;JEN~c!OR~tN! lBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
OFFICIAL ZONING ATLAS MAPS NUMBERED 8621S, 862IN
AND 862122; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" RURAL AGRICULTURAL AND "A-
ST" RURAL AGRICULTURE WITH SPECIAL TREATMENT
OVERLAY AND "PUO" (OLDE CYPRESS PUO) TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS OLDE
CYPRESS PUD FOR THE PURPOSE OF INCREASING THE
PROJECT ACREAGE FROM 500.l:t TO 528.84:t ACRES AND
REDUCING THE GROSS DENSITY FROM 2.2 TO 2.1
RESIDENTIAL DWELLING UNITS PER ACRE FOR A
MAXIMUM OF 1,\00 RESIDENTIAL DWELLING UNITS
AND MAKING OTHER REVISIONS TO THE PUD AND PUD
MASTER PLAN TO REFLECT ACREAGE CHANGES,
DEVELOPMENT STANDARDS AND COMMITMENTS FOR,
PROPERTY LOCATED ON THE NORTH SIDE OF
IMMOKALEE ROAD (C.R. 846), APPROXIMATELY 1.3
MILES EAST OF 1-75, IN SECTIONS 21 AND 22, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; BY PROVIDING FOR THE REPEAL' OF
ORDINANCE NUMBER 99-27; AND BY PROVIDING AN
EFFECTIVE DATE.
.;.' '~, ,.n
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NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification oftbe herein described real property located in Sections 21 and
22, Townsbip 48 South, Range 26 East, Collier County, Florida, is cbanged from "A" Rural
Agriculture and "A-ST" Rural Agriculture with Special Treatment Overlay and "PUD" Planned
Unit Development to "PUD" Planned Unit Development in accordance with the Olde Cypress
PUD Document, attaobed bereto aa Exhibit "A" and incorporated by toferenco heroin. The
Official Zoning Atlaa Map. numbered 86218, 8621N IDd 862122, a. de.cribed In Ordinance
Number 91- 102, the Collier County Land Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-27 known as the OIde Cypress PUD, adopted on April 27, 1999, by the
Board of County Commissioners of Collier County, is hereby repealed in its entirety.
_L
1A
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida"this I!/I:k day of .&e.. l.H..,.! , 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.',1,
" _A,:ESt:..
//~~~~~~OC~l~ IA1.CL
,. ..f _" .':,.
.>;\., Att~st..$."tO ChQirillllt's
'<'A,.:,$'tgl\tt&ir~ .'011 1 y.
'~jJi; ;"~~"". ;.. ' "
','11.1/1..11'0\'
Approved as to Fonn
and Legal Sufficiency
This ordln nee filed with the
~:~ 51 te', ~~~
and acknowredgem&.tlt,.et. that
fllJng,..,ecelved tn15~ day
of !T!!!"'~-LH.Z.
By dd..,,}.~/..-,
~CkI'i:
'-frVl,t ,i ,on. ~
Matjo' M. Student '
Assistant County Attorney
gladminJ ORDINANCElPUD-99-18/RN/im
,'lA
OLDE CYPRESS
PLANNED UNIT DEVELOPMENT DOCUMENT
Exhibit A
PREPARED BY,
Hole, Montes & Associates, Inc.
715 Tenth Street South
Naples, Florida 34102
November 29, 1999
HMA File No. 1998152
DATE ISSUED: (
DATE REVISED:
DATE APPROVED BY cepe:
DATE REVISED:
DATE APPROVED BY BeC: I.L//#.?J
ORDINANCE NUMBER: 'l'?~P.L-
W.\l"'\IINIIi~l._'tj~.'I.~
flA
SECTION VJ:I
RESIDENTIAL LAND USE DISTRICT
7.01 PURPOSE
The purpose "f this Section is to identify permitted uses
and development standards for areas within OLDE CYPRESS
designated on Exhibit "All, the POD Master Plan, as 'IRK.
7.02 MAXIMUM DWELLING UNITS
A maximum number of 1,100 residential dwelling units may be
constructed on lands designated ItRIl.
7.03 GENERAL DESCRIPTION
Areas designated as "Rll on the POD Master Plan are designed
to accommodate a full range of residential dwelling types and
compatible non-residential uses, a full range of recreational
facilities, essential services, and customary accessory uses,
The approximate acreage of the "R" District is indicated on
the PUD Master Plan. This acreage is based on conceptual designs
and is approximate. Actual acreages of all development tracts
will be provided at the time of Site Development Plan or
Preliminary subdivision Plat approvals in accordance with Article
3, Division 3,3, and Division 3.2 respectively, of the Collier
County Land Development Code. Residential tracts are designed to
accommodate internal roadways, open spaces, parks and amenity
areas, lakes and water management facilities, and other similar
uses found in residential areas.
7.04 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erscted,
altered or used, or land used, in whole or part, for other than
the following:
A. Permitted Principal Uses & Structurss:
1. Single family dstached dwellings.
2. Single family units ss individual structures or as
combinations up to and including eight attached units per
structure. Such unit types with marketing descriptions of single
family attached, duplex, patio, cluster attached, cluster
detached, villa attached or detached, townhouses and zero lot
lines are permitted.
3. Water management facilities.
SECTION VII PAGE 1
fA
4.
facilities.
Parks, open spaces and other recreational outdoor
5.
Multi-Family Dwellings including Garden Apartments.
6. Any other principal use which is comparable in
nature with the foregoing uses' and which the Development Services
Director determines to be compatible in the I'R" District.
B, Accessory Uses and Structures:
1. Accessory uses and structures customarily
associated with principal uses permitted in this district.
2.
with promotion
years from the
Model homes and model dwelling units in conjunction
of the development for a period not to exceed three
initial use as a model.
3. Temporary sales facilities for the initial sales of
units for a specific project as permitted by the Collier County
Land Development Code in effect at the time building permits are
requested,
4 . Tennis courts I handball and racquetball courts,
swimming pools, shuffleboard courts and other similar facilities.
5.
Development
requested.
Signs as permitted by the
Code in effect at the time
Collier County Land
a building permit is
6. Any other accessory use which is comparable in
nature with the foregoing uses and which the Development Services
Director determines to be compatible in tbe IlRIl District.
7.05 DEVELOPMENT STANDARDS
A. Table II sets forth ths development standards for,land
uses within the "R" Residential District.
B. Standards for parking, landscaping, signs and other land
uses where such standards are not specified herein are to be in
accordance with the Collier Couney Land Development Code in effeot
at the time of Site Development plan Approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply
to principal structures, '
C. Development standards for uses not specifically Bet
forth in Table II shall be established during site Development
Plan Approval as set forth in Article 3, Division 3,3. of the Land
Development Code in accordance with those standards of the zoning
district wbich is most similar to the proposed use.
D. In the case of residential structures with a common
architectural theme, required property development regulations may
SECTION VII PAGE 2
1A
be reduced, provided a site plan is approved in accordance with
Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County
Land Development Code. Common open space requirements are deemed
satisfied pursuant to the PUD.
E. No attached single family homes may be located between
two detached single family homes if they are a part of the same
platted block.
F. Single Family zero lot line dwellings are identified
separately from single family detached dwelling with conventional
side yard requirements to distinguish these types for the purpose
of applying development standards under Table II. Zero lot line
dwellings shall be defined as any type of detached or attached
single family structure employing a zero or reduced side yard as
set forth herein, and which conform to requirements of Collier
County Land Development Code Article :2 , Division 2.6, Subsection
2.6.27.4.4.1 through subsection 2.6.27.4.4.3.
G. Principal use structures which are identified herein
shall have a minimum of two parking spaces per dwelling unit. The
Director may permit a 1/2 space per unit to be unpaved when
circumstances indicate infrequent use, However, those unpaved
spaces shall be left in natural vegetation and reserved for future
paving if deemed to be necessary by the Development Services
Director.
H. Landscaping shall be provided as required by Section 2.4
of the Collier County Land Development Code in effect at the time
a building permit is requested.
I. A landscaped buffer shall be provided along any tract
boundary adjacent to the OLDE CYPRESS project boundary including
those adj acent to the roadway along the east and west proj ect
boundaries. A landscaped buffer is not required along tract
boundaries adjacent to internal roadways where a preservation area
exists or where the golf course exists. The design of the buffer
shall meet the standards of Section 2.4.7 of the Collier County
Land Development Code in effect at the time building permits are
r~quested. The buffer shall incorporate existing natural
vegetation.
J. Differing housing type a on the same tract must be
compatible, unless the following standards are adhered to.
1. The differing housing
separated into discrete areas, such
amenities or water management areas; or
types are
as separation
physically
by common
2. Landscaping or berms/walls are provided meeting the
standards of Division 2.4 of the Collier County
Land Development Code.
SECTION VII PAGE 3
1A
/
TABLE n
DEVELOPMENT STANDARDS FOR RESIDENTnL AREAS
PERMITTED SINGLE ZEROLO'llJ l!'WQ-',""'-""'w; 6.I!'IGLE,:'-' ..' MULTI-
USES AND FAMILY LINE' FAMlty~&\~ F1iMILY, ' f-!\l>!I~Y
STANDARDS DETACHED DUPLEX' 'ATTACHED ' .. DWELLING
AND '
,'" ,:' TOWNHOUSE, ..
.
Minimum Lot 6,000 5,000 3,500 3,000 S.F. 1 AC
Areas S.F. S.F. S.F. '" oer duo
Minimum Lot 60 45 35 3D 150
Width '"
-Fran t Yard 25'" 2F 20 ., 20 25
Setback
iide Yard'" 5 ,., 0 or 0 or 5 0 or .5 BH 0 or .5
~t:back 10 BH
Rear Yard 20 10 20 20 25
Setback ('
Principal
Rear Yard 10 ~J 10 10 10
AccessOry(3)
I Maximum 35 35 35 35 45
Building
Heiaht
Distance N.A. N.A. N.A. 10 .5 EH
Between
Structures
Floor Area 1200 1200 1200 1000 750
Min. (SF)
'Rl-f 'Rlli1ning Hpighr
1. Each half of a duplex unit requires a lot area
allocation of thirty-five hundred (3,500) square feet
for a total minimum of seven thousand (7,000) square
feet.
2. Minimum lot width may be reduced by twenty (20) percent
for cul-de-sac lots or lots located on curvilinear
streets provided the minimum lot area is . still
maintained.
3. Accessory uses such as pool enclosures m~y be attached
to principal usee.
4. Where the zero (D) foot yard option is utilized, the
opposite side of the structure shall have a ten (10)
foot side yard. Zero (0) foot yards may be used on
either side of a structure provided that the opposite
ten (10) foot side yard is provided.
SECTION VII PAGE 4
f1A
5. Singly family dwellinga which provide for two (2)
parking spaces within an enclosed side-entry garage and
provide for guest parking other than private driveways
may reduce front yard requirements to ten (10) feet for
the garage and twenty (20) feet for the remaining
structures.
6. Building height shall be the vertical distance from the
first finished floor to the highest point of the roof
surface of a flat or Bermuda roof, to the deck line or
a Mansard roof and to the mean height level between the
eaves and the ridge of gable, hip and gambrel roofs.
Accessory buildings shall be limited to twenty (20)
feet above grade, with the exception of the entry
monument depicted in Exhibit D, which may be developed
in accordance with the elevations provided,
7. Four habitable floors above parking. A maximum of
seven habitable floors above, parking may be approved to
enhance view corridors and to permit interface with
preserve areas so long as not incompatible with
adjoining properties upon approval of the Development
Services Director through a conceptual or Final Site
Development Plan. Buildings adj acent to the proj ect
boundary property line on the west shall be limited to
three habitable floors above parking, and the 28.6B
acres located along the eastern, edge of the project in
Section 22 and the subject of the 1999 Notice of Change
to the DRr is permitted a maximum height of three (3)
stories or thirty-five (35) feet.
8, The project entrance signage, which includes
architectural enhancements, shall be permitted along
the near eastern extremity of OLOE CYPRESS as depicted
on Exhibit D on lands under common ownership by the
developer.
.C::R(,,'1"T()l\'I VT T 'Dbt"::!l;\ c:
1Pr
Job #16913
User ID
N/A
User
cgrider
Title
outbind://136-00000000B57711 C7CD3F6B4DACA5E535060C5A36
Source: Network Card
Language: PostScript
Printed: THU DEC 0611 :59:162007
Page 1 of 1
1~
Craig Grider
From: houldsworth.J [johnhouldsworth@colliergov.net]
Sent: Wednesday, December 28, 2005 3:05 PM
To: Craig Grider
Cc: davidhedrich@colliergov.net
Subject: RE: Olde Cypress Setbacks - Unit 3, Tract 5, Lot 28
Craig, I agree that the recording of a "Release of Easement" in the public records by Olde Cypress Development
Ltd. (holder of the easement) is sufficient to vacate the easement for County permitting purposes. Please let me
know If you need any additional information. John
John Houldsworth
iohn hou Idsworth@collierQov.net
Phone: 239-659-5757
Fax: 239-530-6201
-----Original Message-----
From: Craig Grider [mailto:cgrider@gcjlaw.com]
Sent: Wednesday, December 28, 2005 2:51 PM
To: houldsworth.J
Cc: davidhedrich@colliergov.net
Subject: Olde Cypress Setbacks - Unit 3, Tract 5, Lot 28
John,
Per our conversation, I wanted to confirm that the only requirement for removing the piatted 10' golf
course easement in favor of Olde Cypress Development, LTD., is to record a release of the easement in
the Public Records signed by Olde Cypress Development, L TD, releasing any and ali rights they may have
therein. As we discussed, a full plat vacation is not necessary since the easement does not run to the
benefit of Collier County or any other entity other than Olde Cypress Development, LTD.
Since the Lot is on a cul-de-sac, there are 2 front yards and 2 side yards for purposes of setbacks
and once the release of the easement is recorded in the Public Records, the easement will be of no further
force and effect and the side yard setbacks will be 5' each in accordance with the Olde Cypress PUD.
I have copied David Hedrich on this correspondence to ensure everyone is in agreement on this
matter. I would appreciate it if both of you could respond to this email confirming the terms hereof at your
earliest convenience. Thanks to both of you for your assistance on this matter.
Craig
Craig D. Grider, Esq.
Goodlelle, Coleman & Johnson, P.A.
4001 Tamlami Trail North, Suite 300
Naples, Florida 34103
(239) 435-3535
(239) 435-1218 (fax)
This message is intended for the use of the individuai or entity to which it is addressed and may contain
information that is attorney privileged, confidential and exempt from disclosure under appiicable iaw. If the
reader of this message is not the intended recipient, or the employee or agent responsible for delivering
the message to the intended recipient, you are hereby notified that any dissemination, distribution or copy
of this communication is strictly prohibited. If you have received this communication in error, please notify
us immediately by telephone and return the original message to us at the above email address. Thank
you.
1 ?/()!?007
. ,...-
BUILDING DEPT. COPl
~~\OP
REVIEWED FOR CODE COMPLIANCE DATE 11l~
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1A
A. Roland Holt
Fro",:
Sent:
To:
Cc:
Subject:
, A. Roland Holt
Friday, July 06, 2007 8:37 AM
IstenesSusan
AlamarFinnegan; gochenaur_r; TarpleyAngel
update on back setback on Grider home, permit 2006063048
Angel has returned to work and checked the file. Her research indicates none of the other houses west of Lot 28 on
Lone Pine Lane were required to have 25' rear setbacks. Most have a 20' rear setback. And some of their pools go
within 5' of the rear lot line, which would have been 10' had we tumbled to the Conservation Tract abutting the rear iot line.
So apparently the fact that the tract north of these lots was for Conservation missed many of our Planning Techs. Angel
did volunteer that she considered the Lot 28 to be a corner lot.
Would now appreciate your lead on what action Building is to take. If we require a Variance on the Grinder house, will we
go back and clean up all the others houses which were permitted in 2003 and 2004 with improper read setbacks? The
question can be pragmatically expected in any public hearings,
Regardless of our action on this case, we need to request whoever reviews plat drafts to require such important info as
adjacent Conservation Tracts be labeled on the new plats for abutting land. As you have seen, the survey on the Grinder
lot failed to include the "Conservation" info in the plat identity for adjacent earlier recordings. Other wise we will allow
similar events to occur again.
A. Roland Holt, PE
Building Official
Collier County
(239)403-2442
1
Page 10f2
1A
Craig Grider
From: dowdell_d [DonnaDowdell@colliergov.net]
Sent: Monday, August 20, 2007 3:11 PM
To: Craig Grider
'Cc: A. Roland Holt; IstenesSusan; DunnBob; kuck_t; SchmittJoseph; gochenaur_r; TarpleyAngel
Subject: Request for TCO @ 2949 Lone Pine Ln, Bldg Permit #2006063048
Attachments: Temp CO Form.pdf
Mr. Grider,
I received a copy of your email which was forwarded to me from Mr. Holt.
After reviewing the permits issued at this jobsite the following inspections are outstanding and needed
before a Temporary Certificate of Occupancy can be issued.
Building Permit #2006063048 (SIF Res)
115 (Final Building) Not scheduled (Handrails Life Safety Issue.)
Engineering Department Inspections
80 I (Site Drainage) Scheduled for 8/21 (Tues)
802 (Landscape) Scheduled for 8/21 (Tues)
8l4(Silt Erosion) Scheduled for 8/21 (Tues)
Building Permit #2006112129 (POOL)
204 (Final Plumbing) Not scheduled
502(Final Electric) Not scheduled (Life Safety)
701 (Final Pool) Not scheduled (Life Safety)
122 (Final Survey) May not meet required setbacks (Reason for TCO Request)
If these items pass inspection then a TCO can be granted, until the issue with
the preserve setback have been resolved.
However if another department does not approve the inspections that are outstanding,
it is up to that department to permit the issuance for a Temporary Certificate of Occupancy.
Attached is a copy of the building block which needs to be followed when or if your Contractor
(Stiles-Sowers Construction) requests the Temporary Certificate of Occupancy on your behalf.
When your contractor is ready to request the Temporary Certificate of Occupancy, they may fax it
directly to me @ 403-2345.
If you have any further questions regarding your inspections or your Temporary Certificate of
Occupancy request, please do not hesitate to contact me.
Thank you
Donna
12/612007
Page 1 of2
1A
Craig Grider
From: Craig Grider
Sent: Monday, August 20, 2007 3:50 PM
To: 'Roland Holt (ARolandHolt@colliergov.net)'
Cc: 'TarpleyAngel'; 'kuck_t'
Subject: RE: Request for TCO @ 2949 Lone Pine Ln, Bldg Permit #2006063048
Mr, Holt,
Per our conversation, my contractor attempted to call in the pool inspections but the electronic system
states there is still a hoid on the file and will not allow him to schedule the inspections. Can you let me know
when the hold has been removed so he can call in the final pool inspections, or in the alternative, is there another
number he shouid call to speak to someone in the appropriate department?
As always, thank you for your assistance on this matter.
Craig
From: dowdelLd [mailto:DonnaDowdell@colliergov.net]
Sent: Monday, August 20, 2007 3:11 PM
To: Craig Grider
Cc: A. Roland Holt; IstenesSusan; DunnBob; kuck_t; Schmlttloseph; gochenaur_r; TarpleyAngel
Subject: Request for Tca @ 2949 Lone Pine Ln, Bldg Permit #2006063048
Mr. Grider,
I received a copy of your email which was forwarded to me from Mr. Holt.
After reviewing the permits issued at this jobsite the following inspections are outstanding and needed
before a Temporary Certificate of Occupancy can be issued.
Building Permit #2006063048 (SIF Res)
115 (Final Building) Not scheduled (Handrails Life Safety Issue.)
Engineering Department Inspections
801 (Site Drainage) Scheduled for 8/21 (Tues)
802 (Landscape) Scheduled for 8/21 (Tues)
814(Silt Erosion) Scheduled for 8/21 (Tues)
Building Permit #2006112129 (POOL)
204 (Final Plumbing) Not scheduled
502(Final Electric) Not scheduled (Life Safety)
701 (Final Pool) Not scheduled (Life Safety)
122 (Final Survey) May not meet required setbacks (Reason for TCO Request)
If these items pass inspection then a TCO can be granted, until the issue with
the preserve setback have been resolved.
However if another department does not approve the inspections that are outstanding,
it is up to that department to permit the issuance for a Temporary Certificate of Occupancy.
12/6/2007
Page 2 of2
1A
Attached is a copy of the building block which needs to be followed when or if your Contractor
(Stiles-Sowers Construction) requests the Temporary Certificate of Occupancy on your behalf.
When your contractor is ready to request the Temporary Certificate of Occupancy, they may fax it
directly to me @ 403-2345.
If you have any further questions regarding your inspections or your Temporary Certificate of
Occupancy request, please do not hesitate to contact me.
Thank you
Donna
Donna Dowdell
Administrative Supervisor
Buiiding Inspections
2800 N. Horseshoe Dr
Naples FL 34104
239-403-2406
~~---"~---~,~"''''.~"""----~'';~'""","",,..,-----..........-"-..---
1 7Jfin007
Page 1 of2
rrA
Craig Grider
From: A. Roland Holt [ARolandHolt@colliergov.net]
Sent: Monday, August 20,20074:56 PM
To: Craig Grider
Cc: TarpleyAngel; kuck_t; dowdell_d; harrison_g
Subject: RE: Request for TCO @ 2949 Lone Pine Ln, Bldg Permit #2006063048
I've sent email to Chief Building Inspector Gary Harrison that your handrail and pool are OK for final inspection.
Wednesday would be safest day to ask for inspections since I don't know if Gary was in the office to respond to
my request today. Or if you are pressing, have contractors call him at 403-2427
From: Craig Grider [mailto:cgrider@gcjlaw.com]
Sent: Monday, August 20, 20073:50 PM
To: A. Roland Holt
ee: TarpleyAngel; kuck_t
Subject: RE: Request for TCa @ 2949 Lone Pine Ln, Bldg Permit #2006063048
Mr. Holt,
Per our conversation, my contractor attempted to call in the pool inspections but the electronic system
states there is still a hold on the file and will not allow him to schedule the inspections. Can you let me know
when the hold has been removed so he can call in the final pool inspections, or in the alternative, is there another
number he should call to speak to someone in the appropriate department?
As always, thank you for your assistance on this matter.
Craig
From: dowdelLd [mailto:DonnaDowdell@colliergov.net]
Sent: Monday, August 20, 2007 3:11 PM
To: Craig Grider
ee: A. Roland Holt; IstenesSusan; DunnBob; kuck_t; Schmituoseph; gochenaur_r; TarpleyAngel
Subject: Request for Tca @ 2949 Lone Pine Ln, Bldg Permit #2006063048
Mr. Grider,
I received a copy of your email which was forwarded to me from Mr. Holt.
After reviewing the permits issued at this jobsite the following inspections are outstanding and needed
before a Temporary Certificate of Occupancy can be issued.
Building Permit #2006063048 (S/F Res)
115 (Final Building) Not scheduled (Handrails Life Safety Issue.)
Engineering Department Inspections
801 (Site Drainage) Scheduled for 8/21 (Tues)
802 (Landscape) Scheduled for 8/21 (Tues)
814(Silt Erosion) Scheduled for 8/21 (Tues)
Building Permit #2006112129 (POOL)
12/6/2007
Page 2 of2
204 (Final Plumbing) Not scheduled
502(Final Electric) Not scheduled (Life Safety)
701 (Final Pool) Not scheduled (Life Safety)
122 (Final Survey) May not meet required setbacks (Reason for TCO Request)
lA
If these items pass inspection then a TCO can be granted, until the issue with
the preserve setback have been resolved.
However if another department does not approve the inspections that are outstanding,
it is up to that department to permit the issuance for a Temporary Certificate of Occupancy.
Attached is a copy of the building block which needs to be followed when or if your Contractor
(Stiles-Sowers Construction) requests the Temporary Certificate of Occupancy on your behalf.
When your contractor is ready to request the Temporary Certificate of Occupancy, they may fax it
directly to me @ 403-2345.
If you have any further questions regarding your inspections or your Temporary Certificate of
Occupancy request, please do not hesitate to contact me.
Thank you
Donna
Donna Dowdell
Administrative Supervisor
Building Inspections
2800 N. +~orseshoe Dr
{Ii,.ples FL 341 04
23>1'403-2406 ,
,.__:~;~:.~.?:.,~~,~;;",..,.w.~~.~,--~:.._,,~~"""''''~_'__~__'''''~'~_"_"'''~
1? /I\!?om
Page 1 of2
'1~
Craig Grider
From: A. Roland Holl [ARolandHolt@colliergov.net]
Sent: Monday, August 20, 2007 5:08 PM
To: dowdelLd
Cc: IstenesSusan; DunnBob; kuck_t; SchmittJoseph; gochenaur_r; TarpleyAngel; Craig Grider
Subject: RE: Request for TCO @ 2949 Lone Pine Ln, Bldg Permit #2006063048
Donna, I've alerted Gary that the handrail and pool are ready for Final. And I've suggested to Mr, Grider that
Wednesday may be best day for contractors to set up Inspections. The computer iock against pool inspections
can be scrubbed since Planning/Zoning has agreed to Temp CO while the mass variance from Preserve gets
processed.
Appreciate your good watch on this.
From: dowdell_d
Sent: Monday, August 20, 2007 3:11 PM
To: cgrider@gcjlaw.com
Cc: A. Roland Holt; IstenesSusan; DunnBob;kuck_t; SchmittJoseph; gochenaur_r; TarpleyAngel
Subject: Request for TeO @ 2949 Lone Pine Ln, Bldg Permit #2006063048
Mr. Grider,
I received a copy of your email which was forwarded to me from Mr. Holt.
After reviewing the permits issued at this jobsite the following inspections are outstanding and needed
before a Temporary Certificate of Occupancy can be issued.
Building Permit #2006063048 (SIP Res)
lIS (Final Building) Not scheduled (Handrails Life Safety Issue.)
Engineering Department Inspections
801 (Site Drainage) Scheduled for 8/21 (Tues)
802 (Landscape) Scheduled for 8/21 (Tues)
814(Silt Erosion) Scheduled for 8/21 (Tues)
Building Permit #2006112129 (POOL)
204 (Final Plumbing) Not scheduled
502(Final Electric) Not scheduled (Life Safety)
701 (Final Pool) Not scheduled (Life Safety)
122 (Final Survey) May not meet required setbacks (Reason for TCO Request)
If these items pass inspection then a TCO can be granted, until the issue with
the preserve setback have been resolved.
However if another department does not approve the inspections that are outstanding,
it is up to that department to permit the issuance for a Temporary Certificate of Occupancy.
Attached is a copy of the building block which needs to be followed when or if your Contractor
1 ?.!fi!?007
Page 20f2
(Stiles-Sowers Construction) requests the Temporary Certificate of Occupancy on your behalf.
When your contractor is ready to request the Temporary Certificate of Occupancy, they may fax it
directly to me @ 403-2345.
If you have any further questions regarding your inspections or your Temporary Certificate of
Occupancy request, please do not hesitate to contact me.
Thank you
Donna
Donna Dowdell
Administrative Supervisor
Building Inspections
2800 N. Horseshoe Dr
Naples FL 34104
239-403-2406
--..,..--,~~".-----~~..""'~~-----~~~-'~~'--'--..
1 ?/Fonnn7
7A
Page 1 of2
1~
Craig Grider
From: SchmittJoseph [JosephSchmitt@colliergov.net]
Sent: Monday, August 20, 2007 8:05 PM
To: A. Roland Holt; dowdell_d
Cc: IstenesSusan; DunnBob; kuck_t; gochenaur_r; TarpieyAngel; Craig Grider
Subject: RE: Request for TCO @ 2949 Lone Pine Ln, Bldg Permit #2006063048
Concur, provide all required inspections pass inspection excluding the setback from the preserve issue.
'Jt1e
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office -- (239) 403-2385/23,90
cell- 595-9751
"Balancing the demands of growth and the demands of the community"
From: A. Roland Holt
Sent: Monday, August 20, 2007 5:08 PM
To: dowdelLd
Cc: IstenesSusan; DunnBob; kuck_t; SchmitUoseph; gochenaur_r; TarpleyAngel; 'cgrider@gcjlaw.com'
SUbject: RE: Request for TCO @ 294~ Lone Pine Ln, Bldg Permit #2006063048
Donna, I've alerted Gary that the handrail and pool are ready for Final. And I've suggested to Mr, Grider that
Wednesday may be best day for contractors to set up inspections. The computer iock against pool inspections
can be scrubbed since Planning/Zoning has agreed to Temp CO while the mass variance from Preserve gets
processed.
Appreciate your good watch on this.
From: dowdelLd
Sent: Monday, August 20, 20073:11 PM
To: cgrider@gcjlaw.com
Cc: A. Roland Holt; IstenesSusan; DunnBob; kuck_t; SchmitUoseph; gochenaur _r; TarpleyAngel
Subject: Request for TCa @ 2949 Lone Pine Ln, Bldg Permit #2006063048
Mr. Grider,
I received a copy of your email which was forwarded to me from Mr. Holt.
After reviewing the permits issued at this jobsite the following inspections are outstanding and needed
before a Temporary Cenificate of Occupancy can be issued.
Building Permit #2006063048 (S/F Res)
115 (Final Building) Not scheduled (Handrails Life Safety Issue.)
1 ? /t;n007
Page 2 of2
Engineering Department Inspections
801 (Site Drainage) Scheduled for 8/21 (Tues)
802 (Landscape) Scheduled for 8/21 (Tues)
814(Silt Erosion) Scheduled for 8/21 (Tues)
1A
Building Permit #2006112129 (POOL)
204 (Final Plumbing) Not scheduled
502(Final Electric) Not scheduled (Life Safety)
701 (Final Pool) Not scheduled (Life Safety)
122 (Final Survey) May not meet required setbacks (Reason for TCO Request)
If these items pass inspection then a TCO can be granted, until the issue with
the preserve setback have been resolved.
However if another department does not approve the inspections that are outstanding,
it is up to that department to permit the issuance for a Temporary Certificate of Occupancy.
Attached is a copy of the building block which needs to be followed when or if yoUr Contractor
(Stiles-Sowers Construction) requests the Temporary Certificate of Occupancy on your behalf.
When your contractor is ready to request the Temporary Certificate of Occupancy, they may fax it
directly to me @ 403-2345.
If you have any further questions regarding your inspections or your Temporary Certificate of
Occupancy request, please do not hesitate to contact me.
Thank you
Donna
Donna Dowdell
Administrative Supervisor
Buiiding inspections
2800 N. Horseshoe Dr
Naples FL 34104
239-403-2406
I
1 )/f,17007
Page 1 of 1
'lA
Craig Grider
From: Craig Grider
Sent: Wednesday, August 22, 2007 10:40 AM
To: 'Roland Holt (ARolandHolt@colliergov.net)'
Subject: Handrail
Mr. Holt,
My contractor has been informed by Mr. Hess that there are only 3 approved handrails that can be used in
residential houses in Collier County. That limitation doesn't seem reasonable with the myriad of options out there
but it may be correct nonetheless. Mr. Hess has also apparently stated that he will not pass the final building
inspection unless 1 of those 3 handrails are instalied. As we discussed, I would like to use a temporary handrail
for the TCO until the final wood handrail can be finalized to fit the custom railing now that it is installed.
I am having trouble locating the building code provisions that outline the requirements for handrails. Can
you point me in the right direction? Thanks.
Craig
Craig D. Grider, Esq.
Goodlette, Coleman & Johnson, P .A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
(239) 435-3535
(239) 435-1218 (fax)
This message is intended for the use of the individual or entity to which it is addressed and may contain
information that is attorney privileged, confidential and exempt from disclosure under applicable law. If the reader
of this massage Is not the intended recipient, or the eniployee or agent responsible for delivering the message to
the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication
" is strictly prohibited. If you have received this communication in error, please notify us immediately by teiephone
and return the original message to us at the above email address. Thank you.
17//10007
Case Number 2987191110
,;:< 00 71e:' (loLa
1A
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
L
Crai~ D. Grider
Amber C. Grider
Pate: 11107/07
Investigator
Patrick Baldwin
Phone: 239-252-575
26
28
Zoning Dist RSF. See 21 Twp 48 Rug
Legal: Subdivision Olde Cypress Unit 3 Block 5 Lot
Mailing: 3148 Sundance circle
Naples, FL 34109-8921
Location: 2949 Lone Pine Ln.
Unincorporated CoUier County
0575
Folio 64625005581 OR Book 4276 Page
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Ordinance
No. 07-44, you are potified that a violation(s) of the following
Collier County Ordinance(s) and or POO Regulation(s)
exists at the above-described location.
OOrd No.
OOrd No.
OOrd No.
OOrd No.
OOrd No.
OOrd No.
Section
Section
Section
Section
Section
Section
3.05.1
3.05.07H(3)
8.08.00B
8.08.00D
9.03.01D
1O.02.04B(1)
F onnerly 91-
102
Sec.3.2.8.4.7(3)
04-41 as amended
04-41 as amended
04-41 as amended
04-41 as amended
04-41 as amended
04-41 as amended
''tSCRIPTION OF CONDITIONS CONSTITUTING THE
OLATION(S),
Did Witness:
Principal structure at 2949 Lone Pine Ln. Naples Fl.,
reference Collier County Buildbi.e: Permit 2006063048,
encrOlichine: 14.3' +/- into the required 25' oreserve
boundrv setback.
Also 0001. reference oermit 2006112129 encroachine: 4.7'
+/_ into the preseve boundrv setback.
nSupplemental attached
INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE
ENFORCEMENT INVESTIGATOR; Patrick Baldwin
2800 No. Horseshoe Dr, Naples, FL 341 04
(239) 252-5756 (\ ~ax~ (2J~ 403'143
Investigator signature ~~ ~
~ MtJ-.
VIOLATION STATUS:
IZJInitial
ORecurring
ORepeat
ORDER TO CORRECT VIOLATION(S) :
You are directed by this Notice to take the following
corrective action(s)
Subiect nrODertv must comDlv with all "Olde CvDress" PUD
(Dreserve) setback J'eauirements.
Must reDuest and obtain a scheduled Dre~aDDlication meetinl! for
review of an "after-the-fact" variance reQuest for any and all
. setback encroachments found at 2949 Lone Pine Ln. within 10
work days after the receiet of this notice.
Must submit a comDlete and sufficient i'after~the-fact" variance
recuest BDDlication for any and all encroachments aUhe location in
Question within 90 days of the Dre~aDDlication meetin!!
Or in the alternative must obtain a Collier Countv Demolition
Permit within 30 days after receie! afihis notice. You must execute
the demolition Derroit bv ohtainine- all reeuired insDections throul!h
issuance of a Certificate of ComDletion for the removal of an noo-
allowed structural encroachments and resultin2 debris. restorin~
an nremises to a state of comDliance within 60 days after issl
of the demolition Derroit.
OSupplemental attached
ON OR BEFORE:
200
Failure to correct violations may result in:
I) Mandatory notice to appear or issuance of a citation
that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in
fines up to $1000 per day per violation, as long as the
violation remains, and costs of prosecution.
SERVED BY:
OPersonal Service OCertified Mail OPosting of Property
OFax
OMail
Signature and Title of Recipient
Print
Dated this
07
day of Novemebr
,2007
~~'
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.00
3.05.02 D.1.
3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION
A. The purpose of this section is the protection of vegetation within the County by regulating its removal;
to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain
property, aesthetic, and health values within the County; to limit the use of irrigation water in open
space areas by promoting the preselVation of existing plant communities; to limit the removai of
existing viable vegetation in advance of the approval of land development plans; and to limit the
removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not
the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the
requirements of other sections of this LDC.
B. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust,
syndicate, fiduciary, corporation, group. or unit of federal, state, County, or municipal government to
remove; or otherwise ,destroy, vegetation, which includes placing of additional fill, without first
obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or
designee, except as hereinafter exempted.
3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
A. NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this
, section.
B. Seminole and Miccosukee tribe exception. In accordance with !l 581.187, F.S., vegetation removal
permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee
Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole
purpose of halVesting select vegetation, including, but not limited to, palm fronds and cypress, for use
in chickee hut construction, or for cultural or religious purposes Tribal member identification and
written permission from the property owner must be in possession at the time of vegetation removal.
This exemption shall not apply to general land clearing, or to agricultural iand clearing, including
silviculture.
C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and
823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09,
provided that any new clearing of land for agriCUlture outside of the RLSA District shail not be
converted to non-agricultural development for 25 years, unless the applicable provisions set forth In
section 3.05.04 through 3.05.07 G. are adhered to at the time of the conversion. The percentage of
native vegetation preserved shall be caiculated on the amount of vegetation occurring at the time of
the agricultural clearing, and if found to be deficient, a native plant community shall be restored to
re-create a native plant community in ail three strata (ground covers, shrubs and trees), utilizing iarger
plant materials so as to more quickly re-create the iost mature vegetation.
D. Pre-existing uses. Exemptions from the requirements of section 3.05.07F through 3.05.09 shall not
apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June
19, 2002.
1.
Such existing uses shalllnciude: those uses for which ail required permits were issued prior
to June 19 2002; or projects for which a conditional use Dr Rezone petition has besn
approved by the County prior to June 19, 2002; or, land use petitions for which a completed
Supp. No. 2
LDC3:24
1-Fl
3.05.07 C.
COLLIER COUNTY LAND DEVELOPMENT CODE
iI.
3.05.08
Within the associated phase of the final site development plan prior
to the issuance of a certificate of occupancy.
iiI.
As required with golf courses, prior to the issuance of a certificate of
occupancy for the first permitted structure associated with the golf
course facility;
iv.
Eighty percent vegetative coverage, of the created preserves and
supplemental plantings in preserves, is required within a two-year
period following the initial planting and shall be maintained in
perpetuity. Native plants that recruit on their own within the preserve
will be counted towards this coverage requirement.
b. Annual maintenance. Annual maintenance shall be required according to the
Preserve Management Plan.
__ ;:,c"",:L....~"""'..::...' ."'C... "-"'-'~ "<. _ ~
.' ~ '~~:Yr:--\.i,-. '~~e I, "- ""~_'" "_~.
~ '" I I'~II - I'. -> ,( I I~ ,-.- I 'r~.--'-_,'<~h
<. ,-'-'r-~'~.'. -
a. All principal structures shall have a minimum 25-fool setback from the
boundary of any preserve. accessory structures and all other site alter-
ations shall have a minimum 10-foot setback from the boundary of any
preserve. There shall be no site alterations within the first 10 feet adjacent
to any preserve unless It cen be demonstrated that it will not adversely
impact the integrity of that preserve. (Le. Fill may be approved to be placed
within 10 feet of the upland preserve but may not be approved to be placed
within 10 feet of a wetland preserve, unless it can be demonstrated that it will
not negatively impact that wetland.
b. Additional preserve buffers shall be applied to wetlands pursuant to section
3.05,07 F.3.f.
4. Exemptions.
a. Single family residences are subject only to the applicable vegetation
retention standards found In 3.05.07,
b. Applications for development orders authorizing site improvements, such
as an SOP or FSP and, on a case by case basis, a PSP, that are submitted
and deemed sufficient prior to June 19, 2003 are not required to comply with
the provisions of this section ;3.05.07 H., which were adopted on or after June
19,2003.
(Ord. No. 05-27, & 3.M)
3.05_08 Requirement for Removal of Prohibited Exotic Vegetation
Prohibited exotic vegetation specifically includes the following:
Earleaf acacia (Acacia auriculiformis)
Australian pine (Casuarina spp.)
Melaleuca (Melaleuca spp.)
Supp. No. 2
LDC3:40
1A
DECISION-MAKING AND ADMINISTRATIVE BODIES
B.07.05
,vice-chairman shall preside In the absence of the chairman. The chairman and vice-chairman may be
reelected for an additional one (1) year term each, but may not serve for more than two (2)
consecutive years.
E. Removal. Prior to the expiration of his or her term, a member of the Preservation Board may be
removed from office by a majority vote of the BCC. A member of the Preservation Board shall be
automatically removed if he Is absent from two (2) consecutive meetings without a satisfactory excuse
or, In the altemative, If he Is absent from more than one-fourth of the meetings In a given fiscal year,
provided that the Preservation Board has met at least eight (B) times in the given fiscal year. Members
shall be deemed absent from a meeting when they are not present during at least seventy-five (75)
percent of the meeting.
F. Vacancy. The BCC shall fill the vacancy by appointment.
8.07.04 Compensation
Members of the Preservation Board shall serve without compensation.
8.07.05 Meetings
A. The Preservation Board,shall meet at least once per month, at a date and time to ba decided by the
Preservation Board, unless there Is no business pending before the Preservation Board. Regardless
of the lack of pending business, the Preservation Board shall meetat least four (4) times during any
calendar year.
B. All meetings of the Preservation Board shall be open to the public.
C. A public reoord of the Preservation Board's minutes and resolutions shall be maintained and made
available for inspection by the public.
D. The Preservation Board's meeting agenda shall be published the Sunday prior to the scheduled
meeting In a newspaper of general paid circulation In the County and of general interest and
readership in the community. The ad may be placed where other legal notices appear.
B.08.00 CODE ENFORCEMENT BOARD
A. General. The provisions of this Code shall be enforced by (1) the Collier County Code Enforcement
Board pursuant to the authority granted by F.S. S 162.01 et seq., (2) by the board of county
commissioners through Its authority to enjoin and restrain any person violating the Code, or (3) by
Collier County through the prosecution of violations in the name of the State of Florida pursuant to the
authority granted by F.S. S 125.69. The county manager shall have the right to Inspect those lands,
waters, or structures affected by this Code and to Issue citations for violations.
1. The term 'county manager' as used in this Code shall mean the county manager or his
designee.
__Whenever, by the provisions of this Code, the pertormance of.any act is required, or the
performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use
or development of any land or water, or on the erection of e structure, a failure to comply with such
provisions shall constitute a violation of this Code.
LDCB:15
1A
COLLIER COUNTY LAND DEVELOPMENT CODE
c.
8.07.05
Complaints regarding violations. Whenever a violation of this Code occurs, or is alieged to have
occurred, any person may file a complaint. Such complaint stating fuliy the causes and basis thereof
shali be filed with the county manager. The county manager, or his designee, shall record properly
such complaint, investigate, and take action thereon as provided by this Code. He shall maintain as
a public record, In his office, the disposition made of the complaint.
,
i,
~ owner, tenant, or occupant of any land or structure, or part thereof, and any architect,
~ulider, contractor, or any other agent, or other person, firm, or corporation, either
Individually or through Its agents, empioyees, or Independent contractor, who violates the provisions
of this Code, or who participates In, assists, directs, creates, or maintains any situation that is contrary
to the requirements of this Code, shall be held responsible for the violation and be subject to the
penalties and remedies provided herein or as otherwise provided by statute or ordinance.
E. Procedures upon discovery of violations.
1. Upon the determination that any provision of this Code is being violated, the county manager
or his designee, before prosecuting said violations before the code enforcement board, shali
send a written notice by registered or by certified mali return receipt requested or by hand
delivery to the person(s) responsible for such violation, indicating the nature of the violation
and ordering the action necessary to correct it. Additional written notices may be sent at the
county manager's discretion.
2. The written notice shall state the action the county manager intends to take, if the violation Is
not corrected.
3. Before a violation of any of the provisions of this Code is prosecuted before the code
enforcement board, written notice by registered or certified mali, return receipt requested,
shall be selViced by the county manager or his designee according to the requirements of
Ordinance No. 92-80, as may be amended from time to time [Code ch. 2, art. Viii, div. 11].
4. If the violation Is of a nature that it can be corrected by an official zoning atlas amendment or
through the granting of a variance, the county administrator is authorized to suspend
enforcement actions pending the outcome of such proceedings; provided that the person(s)
responsible for the vloiation file the appropriate application forms for official zoning etlas
amendment or variance hearing with the county manager within ten calendar days of the
receipt of notice of violation. If the outcome of an official zoning atlas amendment request or
variance request does not remedy the violation, the person(s) responsible for the violation
shall have 15 calendar days to cOlTect the violation, unless granted an extension by the
county manager as set forth above.
5. In cases where delay would seriously threaten the effective enforcement of this Code or pose
a danger to the public health, safety, or general weifare, the county manager may seek
enforcement without prior written notice by invoking any of the remedies contained in this
Code or othelWise provided by law.
F. Criminal penalties and remedies.
1. A person who violates any of the provisions of this Code, or fails to comply with any of its
requirements, or fails to abide by and obey all orders and resolutions promulgated as herein
provided, shall be subject to prosecution in the name of the state in the same manner as
LDC8:16
'fA
VARIATIONS FROM CODE REQUIREMENTS
9.03.01 C.
9.03.02 A.
development shall be in accordance with the zoning regulations then in effect. Any such approved
plat or plan may be amended by approval of the BCC, provided the degree of nonconformtty with the
LDC shall not be increased.
e casual, temporary, or illegal use of land or structures, or land
and structures in combination, shall not be sufficient to establish the existence of a nonconforming
use or to create rights in the continuance of such use.
, E. Uses under conditional use provisions not nonconforming uses. All uses lawfully existing on the
effective date of the LDC or any subsequent amendment to this Code, which are permitted as a
conditional use in a district under the terms of the LDC or any subsequent amendment to this Code,
shall not be deemed a nonconforming use In such district, but shall without further action be deemed
to have a conditional use permit.
F. Change to conforming use requires future conformity with district regulations. Where a structure, or
structure and premises in combination, in or on which a nonconforming use Is replaced by a
permitted use shall thereafter conform to the regulations for the district in which the structure is
located, and [sic] the' nonconforming use shall not thereafter be resumed nor shall any other
nonconforming use be permitted.
G. Nonconformities not involving thl? use of a principal structure. Nonconformities not involving the
use of a principal structure, including, but not limited to, open storage, building supplies, vehicies,
mobile homes, trailers, equipment and machinery storage, junkyard, commercial animal yards and
the like, shall be discontinued within one (1) year of the effective date of the LDC or relevant
amendment of the LDC.
H. Safety of nonconformlties.
1. If a nonconforming structure or portion of a structure, or any structure containing a
nonconforming use becomes physically unsafe or unlawful due to lack of repairs or
maintenance, and is declared by the duly authorized official of Collier County to be unsafe or
unlawful by reason of physical condition, It shall not thereafter be restored, repaired, or rebuilt
except in conformity with the regulations of the district in which it is located.
2. If a nonconforming structure or portion of a structure, or any structure containing a
nonconforming lise, becomes physically unsafe or uniawful for reasons other this lack of
repairs or maintenance, nothing contained herein shall be deemed to prevent the strength-
ening or restoring to a safe condition of sllch building or part thereof declared to be unsafe
by the authorized official of Collier County charged with the public safety; provided, however,
that where such unsafeness or unlawfulness is the result of damage from destruction, the
percentage of damage limitations set out in section 9.03.02 F.3., as the case may be, shall
apply.
(Ord. No. 04-72, S S.Y)
9.03.02 Requirements for Continuation of Nonconformllies
Where, at the effective date of adoption or reievant amendment of the, LDC, lawfui use of lands or waters
exists which wouid not be permitted under the LDC, the use may be continued, so long as it remains otherwise
lawful, provided:
A.
Enlargement, increase, intensification, alteration. No such nonconforming use shall be
enlarged, intensified, increased, or extended to occupy a greater area of land, structure, or
Supp. No.1
LDC9:4.9
lA
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.04 A.B.
10.02.04 B.1.
been reviewed and approved, the final plat recorded and preliminary acceptance
granted for all required improvements in accordance with sections 10.01.04 and
10.02.05, 10.02.05 E., and 10.02.04 B. 3.
c. No separate environmental impact statement (EIS) or supplement, amendment or
update pursuant to section 10.02.04 A.1.u. to an existing EIS for the property to be
resubdivided shall be required.
d. No endangered, threatened or listed species protection issues pursuant to the
provisions of section 3.04.01 are present within the property which is the sUbject of
the resubdivision.
e. No additional substitutions from those granted for the principal property's PSP of the
design standards contained in section 3.2.8.4 for the required improvements within
the resubdivision pursuant to the provisions of section 10.02.04 A_3. are required.
f. No portion(s) of the principal project's water management system are required to be
constructed within the property subject to resubdivision.
g. No greater than 50 single-family lots are created by the resubdivision of the subject
property.
Resubdivisions which compiy with the provisions of items (a) through (g) shall be exempt from
the requirements, standards and procedures for preliminary subdivision plats (this section)
but shall compiy with all of the other provisions of section 10.02.04 and 10.02.05 concerning
improvement plans, final subdivision plats and "those subdivision review procedures
contained in sections 10.02.05 A. through 10.02.05 C. inclusive.
B.
1. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier
County, without any maintenance obligation, shall be provided for all "protected/preserve'
areas required to be designated on the preliminary and final subdivision plats or only on the
final subdivision plat if the applicant chooses not to submit the optional preliminary
subdivision pial. Any buildable lot or parcel subject to or abutting a protected/preselVe area
required to be designated on the preliminary and final subdivision plats, or only on the final
subdivision plat if the applicant chooses not to submit the optional preliminary subdivision
plat, shall have a minimum 25-foot setback from the boundary of such protected/preserve
area in which no principle structure may be constructed. Further, the preliminary and final
subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit
the optional preliminary subdivision plat, shall require that no alteration, Including acces-
sory structures, fill placement, grading, plant alteration or removal, or similar activity shall be
permitted within such setback area without the prior written consent of the County Manager
or his designee; provided, in no event shall these activities be permitted in such setback area
within ten feet of the protected/preselVe area boundary. Additional reguiations regarding
preserve setbacks and buffers are located in Chapters 4 and 10, and shall be applicable tor
all preselVes, regardless if they are platted or simpiy identified by recorded conselVation
easement.
The boundaries of all required easements shall be dimensioned on the final subdivision
pial. Required protected/preserve areas shall be identified as separate tracts or easements
(:'"..~ ",... ':l
I n,.........,r-n
10.02.04 B.1.
rrA
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.04 B.3.
having access to them from a platted right-of-way. No individual residential or commercial
lot or parcel lines may project into them when platted as a tract. if the protected/preserve
area is determined to be jurisdictional in nature, verification must be provided which
documents the approval of the boundary limits from the appropriate local, state or federal
agencies having jurisdiction and when applicable pursuant to the requirements and provisions
of the growth management plan. All required easements or tracts for protected/preserve
areas shall be dedicated and also establish the permitted uses for said easement(s) and/or
tracts on the final subdivision plat to Collier County without the responsibility for mainte-
nance and/or to a property owners' association or similar entity with maintenance responsi-
bilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve
areas not otherwise required to be designated on the preliminary subdivision plat and final
subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit
the optionai preliminary subdivision plat, may do so by grant or dedication without being
bound by the provisions of this section.
2. Improvement plans. The improvement plans for required improvements which will be
constructed within an existing easement must illustrate the existing easement and existing
facilllies, and the proposed easement and the proposed facilities. Copies of the Improvement
plans shall be provided by the epplicant to the holder of the easement(s) simultaneouslywlih
its submission to the county.
The review and approval of improvement plans does not authorize the construction of
required improvements which are inconsistent with existing easement(s) of record.
3. General requirements for final subdivision plats.
a,
Ten prints of the final subdivision plat shall be submitted along with the improvement
plans. No final subdivision plat shall be approved unless the improvement plans
'shall have been reviewed and accepted by the County Manager or his designee.
b.
The final subdivision plat shall conform to the approved preliminary subdivision
plat, if the applicant chose to submit a preliminary subdivision plat, pursuant to
section 10.02.05 A.5.. The final subdivision plat shall constitute only that portion of
the approved preliminary subdivision plat, If applicable, which the applicant
proposes to construct within a finite period not to exceed 18 months. The improve-
ments required by this section which apply to the final subdivision plat shall be
completed within 18 months from the date of approval of the final plat unless prior to
the 18-month construction period, a written request for an extension in time not
axceeding one year is applied for and approved by the development services
administrator or his designee. The applicant shall enter into a construction and
maintenance agreement with the county, in a form acceptable to the county attomey,
which establishes the terms and conditions for the construction and maintenance of
the improvements required during the 18-month construction period (unless a written
extension request is approved by the County Manager or his designee prior to the
expiration of the 18-month construction period), whether the final plat is approved
only or approved and recorded with the posting of a subdivision performance
security. This agreement shall be submitted with the final plat for review and approval
and executed by all parties at the, time of final plat approval per section c. below.
SUPP. No.3
LDClO:54
1~
DEVELOPMENT REQUIREMENTS
3,2.8.4.7.
Drainage easements shall be created to provide for the i10w of surface
waters from contributory areas.
_' ,~ _ _' -. :2Jt~::;~
, ..
- --~ - --" ~-"
~Anone:xclusive easement or tract
in favor of Collier County, witbout any maintenance obligation, shall be
provided for all "protected/preserve" areas required to be designated on
tbe preliminary and final subdivision plats. Any buildable lot Or parcel
subject to or abutting a protected/preserve area required to be designated
on the preliruinaryand final subdivision plats shall have a miuimum
25-foot setback from the boundary of such protected/preserve area in
which no principle structure may be constructed. Further, the prelimi-
nary and final subdivision plats shalJ require tbat no alteration, includ-
ing accessory structures, fill placement, grading, plant alteration or
removal, or similar activity shalJ be permitted within such setback area
without the prior written consent of the development services director;
provided, in no event shall these activities be pennitted in such setback
area within ten feet of the protected/preserve area boundary, unless the
above setbacks are accomplished through buffering pursuant to section
3.2.8.3.4.
The boundaries of all required easements shall be dimensioned on the
final subdivision plat. Required protected/preserve areas shall be identi-
fied as'separate tracts or easements having access to them from a platted
right-of-way. No individual residential or commercial lot or parcel lines
may project into them when platted as a tract. If the protected/preserve
area is detennined to be jurisdictional in nature, verification must be
provided which documents the approval ofthe boundary limits from the
appropriate local, state or federal agencies ha,ing jurisdiction and when
applicable pursuant to the requirements and provisions of the growth
management plan. All required easements or" tracts for protected/
preserve areas shall be dedicated and also establish the pennitted uses
for said easement(s) and/or tracts on the final subdivision plat to Collier
County without the responsibility for maintenance and/or to a property
owners' association or similar entity with maintenance responsibilities.
An applicant who wishes to set aside, dedicate or grant additional
protected preserve areas not otherwise required to be designated on the
preliminary subdivision plat and final subdivision plats !Day do so by
grant or dedication without being bound by the pro\isions of this section.
4. Improvement plans. The improvement plans for required improvements
which will be constructed within an existing easement must illustrate the
existing easement and existing facilities, and the proposed easement and
Supp. No. 14 LDC3:45
GRIDERS
2949 LONE PINE LANE 0 NAPLES 0 FLOIUDA 0 34119
(239J 514-2577
1A
Patrick Baldwin
Collier County Code Enforement
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Grider Residence - Olde Cypress
Case Number: 2007101120
Dear Mr. Baldwin:
I have received and reviewed the Collier County Code Enforcement Notice of Violation
delivered to my residence. The Notice of Violation provides that my property must comply with
the "Olde Cypress PUD (preserve) setback requirements".
Section 9.l1.D. of the PUD (Environmental Stipulations) expressly provides that all
"development shall be pursuant to the existing South Florida Water Management District Permit
No. 11-01232S". In addition, Section 9.l1.E. of the PUD provides that all "buffer zones
adjacent to preserve areas shall be pursuant to South Florida Water Management District Permit
No. 11-01232S".
Therefore, the purported "preserve buffer setbacks" under the Collier County Land
Development Code are inapplicable to OIde Cypress as all development and preserve buffers are
expressly addressed in the PUD. As such, the Notice of Violation is inconsistent with the Olde
Cypress PUD. Please provide written revocation of the Notice of Violation.
Please do not hesitate to contact me if you have any questions or comments. I appreciate
your time and attention to this matter.
cc: Michele Arnold, Director of Code Enforcement
Joseph Schmitt, Administrator (Via Electronic Mail)
James Dunkelberger
Blaine Spivey
Henry Floreani
1A
JONES
FOSTER
JOHNSrON
&SIUBBS, PA
Attorneys and COIDIsolDPS
FlnglerCe11lerTower, Suite 110(,
505 Soulh Flagle' Dril"
West Palm Beach. Florida 33.\01
Telephone 1561 } 659-3000
M(lilillg..J.dJ,.t\~
PoSI Office Box 3~7.:\
\Ve!.1 Palm Beach, FlnliJiI n40~-.~j~
Margaret L. Cooper, Esquire
Direct Dial: 561-6S0-0464
Direct Fax:: 561-6S0-0422
E-Mail: mcooper@jones-foster-corn
December 12, 2007
Mr. Patrick Baldwin, Investigator
Collier County Code Enforcement
2800 North Horseshoe Drive
Naples, FL 34104
Re: Grider Residence - Olde Cypress
Code Citation Case No.: 2007101120
Dear Mr. Baldwin:
Our office represents Craig and Amber Grider with regard to the above-referenced Code
Citation.
The Citation descnoes two conditions which allegedly are code violations. These are as follows:
(I) "principal structure at 2949 Lone Pine Ln., Naples, FL . . .
encroaching 143':1: into the required 25' preserve boundry setback."
(2) "pool. . . encroaching 4.7':l: into the preserve boundry setback."
The Citation requires the Griders to obtain a variance for the alleged setback encroachments or,
in the alternative, to demolish their newly constructed bome. In support of the assertion that the
approved structures are encroaching on required setbacks, you bave cited LDC !i 3,05.07H(3)
and g I 0_02.04B( I).
There are two independent reasons why LDC g 3.05.07H(3) and g 10.02.04B(I) do not apply.
First, tho PUD development standards ''trump'' to iDC provisions. Second, the LDC exempts
single family residences from S 3.05.07H(3) setback standards and g 10.02.04 applies
specifically to platting, not single family development post platting.
PUD Development Standards
Mr. Grider initially responded to the Citation by Jetter pointing out that Section 9.1 1.D of the
POO Zoning Document (Environmental Stipulations) provides that all "development shall be
pursuant to the existing South Florida Water Management District Pm:m\t No. 11-01232S". Tn
tuWlU,jon!s"foster.c.om
..------..---
"
I
~A
Mr. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 2
addition, Section 9.ll.E. of the PUD provides that all "buffer zones adjacent to preserve areas
shall be pursuant to South Florida Water Management District Permit No. 11.01232S".
In further support of Mr. Grider's argument, please refer to LDC ~ lO.02.13C Effict of Planned
Unit Development Zoning. This provides, in essence. that a PUD is considered an amendment to
the zoning code and development shall proceed in accord with the PUD rather than the zoning
code:
10.02.13 Effect of PllUl/led a,1It Development Zoning. If approved
by the county board of commissioners, the master plan for
development, the PUD document and all other information and
materials formally submitted with the petition shall be considered
and adopted as an amendment to the zonm~ code and shall become
the standards for development for the subject PUD. Thenceforth.
the develoDment in the area delineated as the PUD district on the
official zonml! atlas shall Droceed only in accordance with the
adonted development retrolatiollB and the PUD master nlan for said
PUD district. . . . (Emphasis added)
The earlier lDC provision in effect when Olde Cypress PUD was approved is similar and
provides :
2.2.20.2.1 Relation of planned Ilnit development regulations to
tlte growt!J management plan, ZO/lilJg, subdivislo/l, or other
applicable regulations. All applications for PUDs shall be in full
compliance with the future land use element and the goals,
obj actives, and policies of all elements of the growth management
plan. All develonment retrolations and other annlicable provisions
of all county ordinances such as. but not limited to, all provisions
of the Collier County land development code. as may be amended,
shall annlv unless snecmcallv modified bv the aooroved PUD
document and PUD master nlan_ (Emphasis added)
Dlde Cypress is a duly adopted PUD. Because there is specific reference to preserve areas and
buffer zones and specific standards were adopted, those PUD standards "trump" any general
standards found elsewhere in the LDC.
Exemption in LDC
More importantly, it appears that your office may have overlooked specific standards applicable
to a single family residence. Single family residences are clearly exempt from the 25 foot
setback found in g 3.0S.07H(3)_ See the following provisions:
1A
Mr. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 3
3.05.07 Preservation Standards
All development not soecificallv exempted by this ordinance shall
incorporate, at a minimum, the preservation standards contained
within this sectiOIl-
...
A. General standards and criteria.
...
2. Areas that fulfill the native vegetation
retention standards and criteria of this Section
shall be set aside as preserve areas, subject to
the requirements of section 3.05.0m. ~
familv residences are exempt from the
requirement ofsection 3.05.0m.
. . .
H, Preserve standards.
...
3. Required setbacks to preserves.
a. All principal s1ructures . . . 25- foot. . .
accessory structures. . . 10- foot.
4, Exemptions.
a. Sine:le fgmilv residences are subi ect
onlv to the annlicable vee:etation
retention standards found in 3.05_07.
As you can see, the exemption for single family residences from setbacks is so clear it is spelled
out twice in LDC 9 3.05.07. The 25-fool and the 10-foot sethack requirements are only applicable
to uses with greater impact, such as commercial, multifamily, industrial, etc.
Next. 9 10.02.04 deals with platting requirements and is not intended to guide single family
residential development post platting. Because this is addresses specifically by 9 3.05.07 as an
exemption, this speciJic provision must prevail.
1A
Mr. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 4
This application is in accord with the mandates of the Florida Supreme Court that zoning
regulations must be interpreted in favor of the property owner and toward =estricted use of one's
property. As held by our Supreme Court consistently since 1973, "[z)oning regulations are in
derogation of private property rights of ownership. . . and should be interpreted in favor of the
property owner." Rinker MaJerials Corp. v. City of North Miami, 286 So. 2d 552, 554 (Fla. 1973)
(holding that where an ordinance permitted contractor's plant in industrial zone, owner had
absolute right to construct concrete batching plant); Hoffman v. Brevard County Bd. of Com'rs,
390 So. 2d 445 (Fla. 5th DCA 1980) (holding that "zoning regulations are in derogation of private
ownership and should be interpreted in favor of the property owner"); Halifax Area Council on
Alcoholism v. City afDaytona Beach, 385 So. 2d 184 (FIa. 5th DCA 1980) (Holding that land use
laws should be construed in favor of property owners); City of Miami v. 100 Lincoln Road, Inc.,
214 So. 2d 39 (Fla. 3d DCA 1968) (holding that land use ordinances are subject to strict
construction in favor of a property owner for the unrestricted use of his property); Colonial
Apartments, L.P. v. City of Deland, 577 So. 2d 593 (Fla. 5th DCA 1991) (held where a city's
interpretation of its zoning and architectural guideline ordinances were adverse to the
interpretation of the land owner seeking to develop the property, "any doubts should be construed
in favor of the property owner").
Others Similarly Situated
I am informed by Mr. Grider that there are 17 single family residences that have been approved
and constructed in Olde Cypress in accordance with the same application. I am also informed that
there are other PUDs and subdivisions throughout Collier County that are in the same situation.
There may be hundreds or more of homeowners who are similarly situated.
Before proceeding to code enforcement, we would request that Collier County research this to
determine how many other homeowners are similarly situated.
Lawrence Farese Report
The Board of County Commissioners has recently requested a special investigation of this matter.
Lawrence Farese was appointed by the County to conduct a review, which was completed on
December 7, 2007, a copy enclosed. On page 22, Mr. Farese likewise concluded that:
It is our opinion that the preserve setbacks of Section 3.05.07 do
not apply due to the express exemption for single family residences
contained therein and a strong argument that preserve setbacks
contained in Section 10.02.04.B.1 apply only to platting
requirements.
'lA
Y.I. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 5
Based on that premise, the permits were property issued with
setbacks measured against the provisions of the aIde Cypress
POO. (Emphasis added)
Conclusion
We believe that the LDC is czystal clear that there is an exemption of single family homes from
the 25-foot and 10-foot setbacks. Accordingly, we do not believe that it is necessary to obtain a
variance. We would appreciate your reviewing these codc sections with Mr. Schmitt prior to
further codc cnforcement proceedings.
Thank you for your attention to this matter.
Sincerely.
JONES, FOSTER, JOHNSTON & S11JBBS, P.A.
BJtt~i~,-
Marg L. Cooper
MI.C:s=
Enclosure: Mr. Farese's review dated 12/7/07
cc: Michelle Amold, Director. Code Enforcement
Joseph Schmitt, Administrator, Community Development & Environmcntal Services
Craig D. Grider and Amber C. Grider
P:\DOCSINEWlMLCIL 'IR112K9568 DOC
GRIDER. bIIldwin re alleged code vlolation
JONES
FOSTER
IOHNsroN
&. STIJBBS, P.A.
IIttopeDYs and COID1selDPS
1A
Flagler Center Tower. Suile 11 Of,
505 Sou.h Flagl., Dri\'e
West Palm Besch. Florida 3;\-1ll1
Telephane 1561 ) 659-.\000
Mailing Add/Pit
PO$r Office Box 3.H5
Wem Palm Beach, Fk'ltiJ:1.t'Wt}~..'t../'i:l
Margaret L. Cooper, Esqlllre
DirectDial: 561.050-0464
Direct Fax: 561.050-0422
E-Mail: mcooper@jones-foste:r_com
December 12, 2007
Mr. Patrick Baldwin, Investigator
Collier County Code Enforcement
2800 North Horseshoe Drive
Naples, FL 34104
Re: Grider Residence - Olde Cypress
Code Citation Case No.: 2007101120
Dear Mr_ Baldwin:
Our office represents Craig and Amber Grider with regard to the above-referenced Code
Citation.
The Citation descnoes two conditions which allegedly are code violations. These are as follows:
(1) "principal structure at 2949 Lone Pine Ln., Naples, FL . . .
encroaching 14.3':1: into the required 25' preserve boundry setback. n
(2) "pool ... encroaching 4.7' :l: into the preserve boundry setback."
The Citation requires the Griders to obtain a variance for the alleged setback encroachments or,
in the alternative, to demolish their newly constrocted bome. In support of the assertion that the
approved structures are encroaching on required setbac1cs, you bave cited LDC g 3.0S.07H(3)
and g JO_02.04B(I).
There are two independent reasons why LDC ~ 3_0S.07H(3) and g 10.02.04B(l) do not apply.
First, the PUD development standards "trump" to LOC provisions. Second, the IDC exempts
single family residences from g 3.0S,07H(3) setback standards and g 10.02.04 applies
specifically to platting, not single family development post platting.
PVD Development Standards
Mr. Grider initially responded to the Citation by letter pointing out that Section 9.11.0 of the
PUD Zoning Docmnent (Environmental Stipulations) provides that all "development shall be
pursuant to the existing South Florida Water Management District Permit No. II-01232S". In
Exh'\ 6i+ .1..
fUJDrD.jones..josfer. com
..------'---
1A
Mr. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 2
addition, Section 9.1 1.E. of the PUD provides that all "buffer zones adjacent to preserve areas
shall be pursuant to South Florida Water Management District Permit No_ 11-01232S".
In further support of Mr_ Grider's argument, please refer to LDC ~ I O.02.13C Effict of Planned
Unit Development Zoning_ This provides, in essence, that a PUD is considered an amendment to
the zoning code and development shall proceed in accord with the PUD rather than the zoning
code:
10.02.13 EffecJ of Plmllled U,lit Development Zoning. If approved
by the county board of commissioners, the master plan for
development, the PUD document and all other information and
materials formally submitted with the petition shall be considered
and adopted as an amendment to the zoninlr code and shall become
the standards for development for the subject PUD. Thenceforth.
the develoument in the area delineated as the PUD district on the
official zonin!! atlas shall uroceed onlv in accordance with the
adouted development rel!U!ations and the PUD master ulan for said
PUI> district . _ . (Emphasis added)
The earlier LDC provision in effect when OIde Cypress PUD was approved is similar and
provides :
2.2.20.2.1 Relation of planned unit development regulations to
tlte growtll mllllagement plllll, zonllzc, subdivisllm, or other
applicable regulations. All applications for PUDs shall be in full
compliance with the future land use element and the goals,
objectives, and policies of all clements of the growth management
plan. All develouIDent rel!U!ations and other applicable nrovisions
of all county ordinances such as. but not limited to. all provisions
of the Collier County land develoument code. as may be amended.
shall auulv unless' snecifically modified bv the aonroved PUD
document and PUD master plan_ (Emphasis added)
Olde Cypress is a duly adopted PUD. Because there is specific reference to preserve areas and
buffer wnes and specific standards were adopted, those PUD standards "trump" any general
standards found elsewhere in the LDC.
Exemption in LDC
More importantly, it appears that your office may have overlooked specific standards applicable
to a single family residence. Single family residences are clearly exempt from the 25 foot
setback found in ~ 3.0S.07H(3). See the following provisions:
I
~A
Mr. Patrick Baldwin
Collier County Code Enforcement
December 12,2007
Page 3
3.05,07 Preservation Standards
All development not soecificallv exemoted by this ordinance shall
incorporate, at a minimum, the preservation standards contained
within this section.
...
A. Glmcral standards and criteria.
...
2. Areas that fulfill the native vegetation
retention standards and criteria of this Section
shall be set aside as preserve areas, subject to
the requirements of section 3.05_07H. ~
fRmily residlmceS are exemot from the
requirement of section 3.05.07H.
...
H. Preserve standards.
...
3. Required setbacks to preserves.
a. All principal structures. . . 25- foot . . .
accessory stnlctures . . . 10- foot.
4. Exemptions.
a. Sin!!le familv residences are subiect
onlv to the Mollcable ve!!etation
retlmtion standards found in 3.05.07.
AB you can see, the exemption for single family residences from setbacks is so clear it is spelled
out twice in LDC ~ 3.05.07. The 25-foot and the 10-foot setback requiremlmts are only applicable
to uses with greater impact, such as commercial, multifamily, industrial, etc.
Next, 9 10.02.04 deals with platting requirements and is Dot intended to guide single family
residential development post platting. Because this is addresses specifically by 9 3.05.07 as an
exemption, this specific provision must prevail.
1A
Mr. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 4
This application is in accord with the mandates of the Florida Supreme Court that zoning
regulations must be interpreted in favor of the property owner and toward unrestricted use of one's
property. As held by our Supreme Court consistently since 1973, "[z]oning regulations are in
derogation of private property rights of ownership . . . and should be interpreted in favor of the
property owner." Rinker Materials Corp. v. City of North Miami, 286 So. 2d 552, 554 (Fla.. 1973)
(holding that where an ordinance permitted contractor's plant in industrial zone, owner had
absolute right to construct concrete batching plant); Hoffinan v. Brevard County Bd. of Com'rs,
390 So. 2d 445 (Fla. 5th DCA 1980) (holding that "zoning regulations are in derogation of private
ownership and should be interpreted in favor of the property owner"); Halifax Area Council on
Alcoholism v. City of Daytona Beach, 385 So. 2d 184 (FIa.. 5th DCA 1980) (Holding that land use
laws should be construed in favor of property owners); City of Miami v. 100 Lincoln Road, Inc.,
214 So. 2d 39 (Fla.. 3d DCA 1968) (holding that land use ordinances are subject to strict
construction in favor of a property owner for the unrestricted use of his property); Colonial
Apartments, L.P. v. City of Deland, 577 So. 2d 593 (pIa.. 5th DCA 1991) (held where a city's
interpretation of its zoning and architectural guideline ordinances were adverse to the
interpretation of the land owner seeking to develop the property, "any doubts should be construed
in favor of the property owner").
Others Similarly Situated
I am informed by Mr. Grider that there are 17 single family residences that have been approved
and constructed in Olde Cypress in accordance with the same application. I am also informed that
there are other PUDs and subdivisions throughout Collier County that are in the same situation.
There may be hundreds or more of homeowners who are similarly situated.
Before proceeding to code enforcement, we would request that Collier County research this to
determine how many other homeowners are similarly situated.
Lawrence Farese Report
The Board of County Commissioners bas recently requested a special investigation of this matter.
Lawrence Farese was appointed by the County to conduct a review, which was completed on
December 7, 2007, a copy enclosed. On page 22, Mr. Farese likewise concluded that:
It is our opinion that the preserve setbacks of Section 3.05.07 do
not apply due to the express exemption for single family residences
contained therein and a strong argument that preserve setbacks
contained in Section 10.02.04.B.1 apply only to platting
requirements.
[
L_
1A
V..r. Patrick Baldwin
Collier County Code Enforcement
December 12, 2007
Page 5
Based on that premise, the permits were property issued with
setbacks measured against the provisions of the Olde Cypress
PUD. (Emphasis added)
Conclusion
We believe that the LDC is crystal clear that there is an exemption of single family homes from
the 25-foot and 10-foot setbacks. Accordingly, we do not believe that it is necessmy to obtain a
variance. We would appreciate your reviewing these code sections with Mr_ Schmitt prior to
further code enforcement proceedings.
Thank you for your attention to this matter.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
B;J('~i.il~'
MLC:smm
Enclosure: Mr. Farese's review dated 12/7/07
cc: Michelle Arnold, Director, Code Enforcement
Joseph Schmitt, Adminislrator, Co=unity Development & Environmental Services
Craig D. Grider and Amber C. Grider
P:IDOCS\N!;W\MLCIL TRII2K9568 DOC
ORIDER. baldwin re alleged code violation
Page 1 of 3
1A
A. Roland Holt
From: A, Roland Holt
Sent: Monday. July 02,20074:18 PM
To: gochenaur_r
Cc: BreiningJennifer; AlamarFinnegan; IstenesSusan; SchmittJoseph
Subject: RE: Permit # 2006063048
Final survey is being done now, Builder hopes for CO next week. I informed him variance process must start
before TCO could be considered,
The owner's son is a local lawyer who will handle the matter. Susan said you would have a plat to show Tuesday
which identifies the land north of the Grider home as Preserve, I have left word asking if the lawyer son has time
Tuesday afternoon to come in to review circumstances, Susan informed me you would handle it. Suggest we
two look at the plat as soon as you have it in hand, please.
I also need some help understanding our LDC definition of a corner lot on a curved street. On this lot, the rear
included angle is less than 90 degrees - - -well less than the 135 degrees in the definition, so I must be totally
goofed up in understanding LDC verbiage,
From: gochenaur_r
Sent: Monday, July 02., 2007 12:31 PM
To: AlamarFinnegan; A. Roland Holt
Cc: BreiningJennifer
Subject: FW: Permit # 2006063048
FYI. I wasn't trying to avoid involving supervisors, I just thought Angel should be here to explain her side,
Evidently it's been overtaken by events, I'll have a copy the whole file to Mr, Hold this afternoon, In my opinion,
this was not an easy plat to work with or an easy iot for determining setbacks, The identification of Tract A as CE
and Conservation appears on the original plat, aide Cypress Unit One. not aide Cypress Unit 3. where Lot 28 is
located,
From: gochenaurJ
Sent: Monday, July 02, 2.0078:56 AM
To: BreiningJennifer
Subject: RE: Permit # 2006063048
I checked the plat and Tract A is identified as a conservation and drainage easement. Although the Tract isn't
specifically dedicated to anybody, John H says it goes to the HMO, According to Susan Mason, this would require
a 25-ft setback from the property line for the house, I think we may have a problem,
I've been called by the commissioner whose daughter lives next to the lot. which is owned by the atly for Stock
Development. I plan to tell him the best thing would be to wait until Angel returns from leave, I don't want to get
into this mess until she has a chance to come up to speed, You can tell Alamar if you think you need to. but I
think Angel needs to be here to let us know how she handled it. There may be something we're not aware of.
From: BreiningJennifer
Sent: Friday, June 29, 2007 1:18 PM
To: gochenaur_r
Subject: RE: Permit # 2006063048
It does not appear to have a preserve in the rear but it does have a 10' G,C,E, that the surveyor did not show on
7/2/2007
Page 2 of 3
the survey, Well at least the house is not encroaching into the easement.
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From: gochenaur_r
Sent: Friday, June 29, 2007 12:50 PM
To: BreiningJennifer
Subject: RE: Permit # 2006063048
Very strange, I used a protractor to get the degrees. I would call the small lot line abutting the next lot a side, and
the long lot line opposite the front yard a rear yard, You may want to check the plat and see if Tract A is a
preserve, I'm not sure of that, I was just told it was,
From: BreiningJennifer
Sent: Friday, June 29, 2007 12:39 PM
To; gochenaur_r
Subject: RE: Permit # 2006063048
Hi Ross - I am a little confused on this one, I see how it is not a corner lot but I do not see how you determined
front, rear and sides, I have seen lots like this in the past and I am just curious, Also how are you determining the
degree, do you have a protractor??? This is a strange one.
Thanks!
Jen
From: gochenaur_r
Sent: Friday, June 29, 2007 11:31 AM
To; BreiningJennifer
7/2/2007
1A
A. Roland Holt
~rom:
.:lent:
To:
Cc:
Subject:
, A Roland Holt
Friday, July 06,20078:37 AM
IstenesSusan
AlamarFinnegan; gochenaur_r; TarpleyAngel
update on back setback on Grider home, permit 2006063048
Angel has returned to work and checked the file, Her research indicates none of the other houses west of Lot 28 on
Lone Pine Lane were required to have 25' rear setbacks, Most have a 20' rear setback. And some of their pools go
within 5' of the rear lot line, which would have been 10' had we tumbled to the Conservation Tract abutting the rear lot line.
So apparently the fact that the tract north of these lots was for Conservation missed many of our Planning Techs. Angel
did volunteer that she considered the Lot 28 to be a corner lot.
Would now appreciate your lead on what action Building is to take. If we require a Variance on the Grinder house, will we
go back and clean up all the others houses which were permitted in 2003 and 2004 with improper read setbacks? The
question can be pragmatically expected in any pubiic hearings.
Regardless of our action on this case, we need to request whoever reviews plat drafts to require such important info as
adjacent Conservation Tracts be labeled on the new plats for abutting land. As you have seen, the survey on the Grinder
lot failed to include the "Conservation" Info In the plat identity for adjacent earlier recordings. Other wise we will allow
similar events to occur again.
A. Roland Holt, PE
Building Official
Collier County
(239)403-2442
1
.
.~A
......')
COLLIER COUNTY GOVERNMENT
" Community.Development imd Environmental Services Di~on
PlanningService~ Department. 2800 North Hors<;shoe Drive' Naples, Florida 34104
September 29, 2003
Michael J. Volpe, Esquire
Robins, Kaplan, Miller & ,Ciresi L.L.P.
711 Fifth Avenue South, Suite 201
Naples, FL 34102-7070
RE: INTP-20'03-AR-4306 Request for official interpretation pertaining to various
provisions of the Pelican Bay PUD, as amended, relative to the approval of SDP A- '
2001-AR-412, Waterpark Place at Pelican Bay (Cap 'd Antibes).
Dear Mr. Volpe:
Pursuant to Land Developmell1 Code (LDe) Division 1.6, you have asked the Planning Services
Director to render an official interpretation for four (4) separate requests pertaining to various
provisions of Pelican Bay' POO Ordinance No. 77-18, as'innended by. Ordinance No. 89-53
(Pelican Bay POO)(subsequent amendments to this POO are not relevant to this Interpretation)
and other provisions of the LDC. "
Tn Request T, you asked whether or not the provisions of Section 7.04.03 of the Pelican Bay
PUD apply to each separately platted tract. And, assuniinK, the provisions of Section 7.04.03
are applicable to these separately platted tracts, do the proviSions of Sectinn 7.04.03 permit the
') Collier County Staff to' administratively reduce the minimum yard requirements from the tract
, i line between Tracts C and D to zero and/or allow the construction of a principal structure
, across this tract line. ' . , '
It is niy opinion that because Section 7.04.03 of the Pelican Bay PUD specifically states that
minimum yards may be measured from tract or development parcel lines (notwithstanding any
approval of smaller dimensional standards), the proper application of the minimum yard
requirements of this section is dependent upon how the platted tracts are proposed and approved
to be developed. From my review of the County's records, including the application, plans, and
aerial photographs of the referenced and surrounding developments, it 'is my determination that
the site development plan amendment (SDP A) that was submitted for Cap 'd Antibes included
only Tracts C and D of the plat of Waterpark Place at Pelican Bay, recorded at Plat Book (PB)
19, Pages 18-21. The overall development "parcel" for the original site development plan (SDP
90-261), however, included other lands (e.g_, Tracts A & B), which when considered together
constitute a single devetbpment parcel. This land was previously platted as Parcel' B of the
, Pelican Bay Unit Fifteen plat, reCorded at PB 18, Pages 5-14.
Because the "development parcel" in question is established by the boundary of the original
SDP, notwithstanding the amendment thereto pertaining to, and including only, Tracts C & D, it
is my determination that the point from which the minimum yard requiremynts set forth in Para-
. c; 0, l~~' e T C CI H ... t ",v .
,.....,...." A(\':l. ")Arvl
Fax (239) 643-6968
www.colliergov.net
,
lA
Mr. Michael Volpe
Page 2
INrP-2003-AR-4306
graph A of Section 7.04.03., of the Pelican Bay PUD is to be measured from is the subject
development parcel line, Le., the boundary of SDP 90-261. Additionally, the boundary of SDP
90-261 forms the "development parcel" within which the distances set forth in Sec; 7.04.03 B.,
also apply for the purpose of measuring between two principal structures and two accessory
structures.
Stated differently and more simply, the minimum yard requirements would apply to only a single
platted tract in this PUD in the circumstance where that platted tract boundary was also the ,
boundary line of a proposed unified plan of development. Here, the referenced SDP A relates
back to SDP 90-261 as the unified plan of development. Asswning for the sake of discussion the
relevant boundary was considered to be that of Tracts C & D taken as whole, there still would be
no consideration given to the boundary between the two tracts when applying Sec. 7.040.03 A.,
such that the proposed SDP amendment would be unaffected '
Based on the analysis and conclusions above, the facts you have requested to be assumed in your
second question cannot be considered to be, a correct basis for either the application, or
interpretation, of Sec. 7.04.03. As a result, the staff action taken (for these and other reasons
discussed further below), did not, and does not, require staff to "adminiStratively,reduce" to zero
the yard setbacks between platted Tracts C and D. Simply stated, there is no development or
parcel "boundary" between platted Tracts C and D for the purpose of applyhi.g Section 7.04.03.
In Request II (ij, you asked whether or not the provisions of Section 7.04.03. C. of the Pelican
Bay PUD are limited to the distance between principal structures as provided in Section
7.04.03. B., or does this administrative authority also allow staff to vary the minimum side
yard setbacks as provided bl Section 7.04.03. A'I with respect to adjoining properties not
depicted on the Site Plan. '
Based on my review of Section 7.04.03 C, the word "distances" in that provision is intended to
apply to either or both of the requirements set forth in Paragraphs A and B, depending on the
facts which exist. Under the facts presented by the referenced SDPA and SDP'90-261, both the
minimum yard and separation "distances" may be reduced so long as the further condition of
Paragraph C is met. It is also my opinion that the separation distance requirements of Paragraph
B should be interpreted and applied to those structures contained within the subject development
parcel, but not to structures on adjoining properties located on another development parcel. '
Similarly, the minimum yard requirements of Paragraph A apply with respect to the line between
the subject development parcel and any adjacent property. Lastly, my opinion is that both the
minimum yard requirements of Paragraph A and the separation distances for structures in
Paragraph B may be reduced based upon the express authority afforded by the regulation in
Paragraph C once the condition stated there is met.
In Request II (zi), you asked if the provisions of Section 7.04.03 of the Pelican Bay PUD and
the provisions of Section 2.6.27 of the Land Development Code ilre to be read together to
require a petitioner wllo requests an exception, variance and/or amendment to the
development standards setfortll in Section 7.04 to use tlte conditional use process to satisfy the
criteria setforth in the later Section. You then asked: ifnot, what are the objective standards
and criteria to be used by the Planning Services Director to determine whether a Petitioner is
v
v
1A
Mr. Michael Volpe
Page 3
INTP-2003-AR-4306
entitled'to an exception; variance and/or amendment to the development standards set forth in
Section 7.04.03 for "clUstered' buildhigs with a common architectural theme." l..astly you
asked does any[oneJ aggrieved by the decision of the Planning Services Director granting or
denying' an exception variance or amendment to the development standards set forth in
Section 7.04.03 have the right to take an appealfrom this decision. '
It is my opinion that the provisions of Section 7.04.03 of the Pelican Bay PUD lind Section
2.6.27 of the LDC were never intended to be applied together, Thus, a petitioner is not required
to submit a site development plan With a conditional use petition in order to reduce the minimum
yard requirements pursuant to Section 7.04.03 C of the Pelican Bay PUD. The opinion above is
based on the fact that LDC Section 2.6.27 is limitedfu its application to the clustering of single-
family dwellfugs. Furthermore, fu the subject, development request and underlying site
development plan only mnlti-family buildfugsare an approved use Within the multi-family tracts
permitted fu the Group 4 areas of the PUD Master Plan. See,' Section 7.03 Uses Permitted,
Subsection A. Principal Uses, which under 1) lists "Multi-family residential buildings."
In response to your second question, it is my opinion that the "objective standards and criteria'~
relied upon to approve the reduced distances to the requirements of Sub-sections 7.04.03 A & B
fu the referenced SDP A were the express terms of the condition stated in Sub-section 7.04.03 C.
That is, for the "clustered buildfugs With a common architectural theme" so long as the site plan
waS approved fu accordance with Section 2.05 of the Pelican Bay PUD. These are the
circumstances that existed for, and resulted in, the approval of the referenced SDP A;
Although not a tenn defined by either the Pelican Bay PUD or the LDC, "clustered buildings,"
under the term's plafu meaning and the facts applicable here, refers to buildfugs where fudividual
units of multi-family residentiat development are "clustered." The dictionary definition of a
"cluster" is a number of the same sort of things gathered together. That is exactly the
circumstance in this SDP and others in the Pelican Bay PUD where multi-family residential
, dwelling units permitted by right are gathered or "clustered" together in one or more "Multi-
family residential building." As to the phrase ''with a common architectural theme," the subject
tiie is replete with multiple statements of Florida registered architects stating their expert opinion
of 'compliance with'the "common architectural theme." Accordingly, because the terms of the
condition fu Sec. 7.04.03 C were met, the distances fu SectionS 7,04.03 A & B, in my opinion,
were properly reduced without the requirement for any "exception, variance, or amendment to the
development standards." In fact, because the terms and condition of Sec. 7.04.03 C were met,
the "development standards" for Section 7.04.03 were met.
Lastly, although not directly applicable here, based on the Interpretation rendered above and as
set forth below, anyone "aggrieved by the decision of the Planning Services Director granting or
denying an exception variance or amendment to the development standards set forth in Section
7.04.03" has those rights afforded, by law. Based upon my review of the referenced SDP A there
'has been no decision made by the Planning Services Director to grant or deny an exception,
variance, or amendment to the development standards set forth fu Section 7.04.03. Regardless,
as this Interpretation request makes clear, any person who objecta to an administrative
determination or approval' may seek, as you have here on behalf of your client, an Official
, Interpretation pursuant to Division 1.6 of the LDC. Under LDC Section 1.6.6., a right ofappeal
1A
Mr. Michael Volpe
Page 4
INTP-2003-AR-4306
is afforded. There is also the ability to take whatever civil action an aggrieved person may be
lawfully entitled. This is in fact what was done for similar issues on previous development tracts,
within Pelican Bay.' '
In Request III, you asked whether under the Rules of Construction in LDC 6.1.1, are the
, provisions of Section 2.05 and 7. 01(. 030f the Pelican Bay PUD and Section 2.7.5 of the LDC to
be read in Dari materia, and therifore,do the more restrictive provisions of Section 2. 7,5 of the
, LDC control Petitioner's Petition to Amend /he SDP for Waterpark Place at Pelican Bay (Cap
'd Antwes) to reduce the minimum yard and distance between structures for Group I( Parcels
within the Pelican Bay pUD. '
The general rule applicable to the interpretation of provisions of PUD's and the LDC is that
where there are two provisions appearing to refer to the same subject, the more specific provision
and an earlier adopted provision of equal specificity should control over later adopted or more
general provisions. The cited Rules of Construction were not in effect at the time of the adoption
ofPUD Ordinance 77-18, which established Sections 2.05 and 7.04.03. The cited Rules, and the
provisions of Section 2.7.5. (more or less as they now appear), did not become effective until
, November 13, 1991, following the adoption of Ordinance No. 91-102 which effectively created
the Lan.d Development Code., Nonetheless, LDC Section 6.1.1., also' states that, "[a)!l
provisions, terms, phrases and expressions contained in these regulations shall be liberally
construed in order that the true intent and meaning of the board of county commissioners may be
fully carried out." Here, it is my opinion that under the prior existing and more specific
provisions of Section 7.04.03 C of the Pelican BayPUD for the reduction of distances imposed
for minimum yards, a property owner is not required to obtain a variance from the minimum
yard and distance between structure standards pursuant to LDC Section 2.7.5. so long as the
requirement of being a case where there is a clustered buildings with a common' architectural
theme is met Section 7.04.03 clearly states that minimum yard and distance between structure
, stBndards for clustered buildings listed in Section 7.04.03 (paragraphs A and B) may be less
subject to a site plan 'approved in accordance with Section 2.05 of the PUD. It is my professional
opinion that this procedure was incorporated in the Pelican Bay pUJ) in order to allow flexibility
in determining the appropriate minimUm yard and distance between structure standards based on
a site plan that is approved in accordance with the requirements contained in that Section. 'This
section requires that the site plan include materials necessary to demonstrate that the approval of
the site plan will be in harmony with the general intent and purpose of the Pelican Bay PUD, will
not be injurious to the neighborhood or adjoining properties or otherwise detrimental to the
public, welfare. Planning Staff may, require materials such as plans showing the, proposed
placement of structures on property; provision for ingress and egress; parking and loading areas;
plans for screening and buffering; proposed utilities hook-up locations; refuse and service areas;
and required yards and open spaces.
A variance would only be required under Section 2.7.5 of the LDC if a building did not qualifY
as a clustered building or have a common architectural theme, or otherwise did not meet the
distance requirements of Section 7.04.03 Paragraphs A & B. None of those facts are, considered
(oerist in the caseofthe referenced SDPA.
.
l/A
Mr. Michael Volpe
Page 5
lNTP-2003-AR-4306
In Request W, you have asked for: an interp~iation as to: when the, Pelican Bay Service'
Division is required to review and approve a Site Development Plan, must there be formal
action by the Board of the Pelican Bay Services Division or does the Administrator of the
pelicanBIZY Services ,Division have the authority to approve the Site Development Plan on
behalf of the Board. ' '
Please be advised that the Collier County Land Development Code does not authorize an
"approval" by the Pelican Bay Services Division of an SDP or portion of an SDP or, SDP A.
Instead, under LDC Division 3.3, generally"and Sections 3.3.5., 3.3.6.,3.3.7.,3.3.9., and 3.3.13,
specifically, which afford approval authority to the planning (or development)services director or
wider Section 6.1.5., to their delegate, this person officially renders an "approval" of an SDP or
SDP A. 'In practice, the director's approval is based on the totality of all recoID!llendations from
various staff reviews provided to the director; mcluding in this' case, the recommenc!iition of
approval provided by the Pelican Bay Services Division (Division) based upon its review. The
procedures properly applicable to the Division, and its corresponding review authority, appear to
be set forth in the Division's Plan Review Procedure and Submittal manual. Therein, the scope
of review authority is limited to water management and drainage issues in Section IV. D., and
afforded to the Division by Section m,. A. 1_ within the devdopments subject to review of the
Division. There is nothing which I've been pointed to or which research has revealed that
, supports the conclUsion that the "Board of the Pelican Bay Services Division" has authority to or
is required to take formal action to approve anSDP orSDPA befcirethe County's director may
do so.
Based upon these procedures and regulations, it is my opinion that the Division Administrator
has only the authority to recOID!llend approval of those issues relating to water management and
drainage and that only such an ,"approval" was provided to the d4-ector who formally approved
the referenced SDPA on July 21,2001.
pursuant to Division 1.6 of the LDC, this Official Interpretation has been sent' to you via certified
mail, return receipt requested, As this \sa site-specific interpretation, all property owners :within
300 feet of the subject property will receive mail notice and a copy of this interpretation and
appeal time frames will be placed in the Naples Dailv News. Within 30 days of receipt of this
letter, or within 30 days of publication of the public notice, any affected property owner or
aggrieved or adversely affected party may appeal the interpretation to the Board of' Zouing
Appeals. A.n affected property owneris defined as an owner of property)ocated within 300 feet
of the property lines of the land for which this interpretation has been rendered. An aggrieved or
adversely affected party is defined as any person or group of persons, which will suffer an
adverse effect to an intereSt, protected or furthered by the Collier County Growth Management
Plan or the Land Development Code. A request for an appeal must be filed in writing and must
state the basis for the appeal and include any pertinent information, exhibits, or other back-up
, information in support of the appeal. The appeal must be accompanied by a $500.00 application
and processing fee. If payment is in the form of a check, it should be made out to the Collier
County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at '
the address provided. Please do not hesitate to contact me should you have any further questions
on t\1is matter.
.
1A
Mr. Michael Volpe
Page 6
TIN11?-2003-;.Fl-4306
Sincerely, ,
~"~
Susan Murray, AICP
, Current Planning Manager, acting as Planning Services, Director
Cc: Collier County Board of Commissioners
James V. Mudd, County Manager ,
Joseph K. Schmitt, Administrator, Comm. Development & Env.Srv Div.
Ray Bellows; Chief Planner '
Mmjorie M. Student, Assistant County Attorney
Patrick G. White, Assistant County Attorney
Alamar Sinrlley, Permitting Supervisor
.'
1A
COLLIER COUNTY GOVERNMENT
. Co~unity Development ai1d Environmental Servic ..' '
Plannmg S ervlCes Department. 2800 N rth H " es DIvision
o orseshoe Dnve . Naples, Florida 34104
September 29, 2003,
Mr. Frederick R. Hardt '
Roetzel & Andress '
850 Park Shore Drive
N apl~S, FL 34103
RE: INTP_2003-AR-4307 Request for official interpretation of Development Standards under the Plmmed
Unit Development Ordinance for Pelican Bay (the PUD) relative to the aPproval of SDPA-200l-AR-4l2,
Waterpark Place at Pelican Bay (Cap D' Antibes). '
Dear Mr. Hardt:
Thank you for your letter of June 10, 2003. please be advised that after careful review 'and consideration a
dCtermination has been reached that the request you have made on behalf of the Pelican Bay Foundation, Inc.,
cannot be accommodated at this time. The request you have made for an Official InterPretation is not
consistent with the Land Development Code's requirements in Div. 1.6., asto the form of the request.
Under LDC Section 1.6.3.1., the ,form of the request provided fails to meet that established by the Planning
Services ,Director because it doeS not set forth a set, of existing or ,proposed facts arising from a proposed,
pending, ,or approved development request which would be, or is applicable to~ the text of then approved or
noW proposed regulations sO as to ,allow an interpretation of such text to be rendered. The request provided
me,rely seeks to have the Planning Services Director consider four "determinations." Thus, it seems the
Planning Services Director is being asked to either agree with the, determinations made, which appear to
express tbe Foundation's position, or to dispute those determinations and perhaps that position in some
unspecified'manner. '
Accordingly, pursuant to LDC Section 1.6.3.2., your request regrettably must be detemined to not be
complete notwithstanding the obvious amount of research and time which it has taken to submit. As a result,
no further action on the request will be taken until the above-stated deficiencies are remedied.
Because there is no authority provided to the Planning Services Director in the LDG to substitute its
restatement of your request or to recast the determinations provided in the farm of questions that seek an
interpretation' of precise facts as 'they may apply to ,specific regulator)' provisions, please feel free to re-submit
your request in a form that will correct the stated deficiencies and which comports with the requirements of
Division 1.6. '
Sincerely, ,
/:::;a~
Current Planning Manager, acting as Planning Services Director
CC: Collier County Board of County Conunissioners
James V. Mudd, County Manager
Joseph K. Schmitt, Administrator, Conun. Deve & Env. Svcs Division
Ray Bellows, Chief Planner
Mw)Oi"ie M. 8tuden~ .A~seirta.l\t Coun.!t~~ey
Patrick G. White, AsllilJlnt Co!J1lty ~
A\am.ar Smiley. peUllHti..f. S-t'"~' .:..""~ f e .,.
Phone (239) 403-2400
c
o
u
"
.to :v'
Fax (239) 643-6968
www.colliergov.net
1A
~ -<-;\~"~~_~~:__~::, ~-=:--=-~_~-;~~II~~~ ~_ "-~ ~_ :"-=-_ ~___ -~ ~~- =-_~, ~-=---=----=-~
,
.'}
COLLIER COUNTY GOVERNMENT
Community Development and Environm",ntal Services Division .
Planning Services Department. 2800 North Horseshoe Drive' Naples. Florida 34104
November 24, 2003
Mr. Frederick R. Hardt, Esquire
c/o Roetzel & Andress
850 Park Shore Drive
Trianon Center
Naples, FL 34103
, ' ,
,RE: INTP-2003-AR-4307 Request for official interpretation of Development Standards
under the Planned tInit Developme!1t Ordinance for Pelican Bay (the PUD), as
,applied to the approval of SDPA-2001cAR-412 (the SDP Amendment) for the
I Development of Cap 'd Antibes at Waterpark Place in Pelican Bay.
. Dear Mr. Harlit:
Pursuant to Land Development Code (LDC) Division I.Q, you have asked the Planning Services
Director to render an official interpretation for five (5) separate requests pertaining to varioUs
provisions of Pelican Bay PUD Ordinance No. 77-18, as amended by Ordinance No. 89-53
. (Pelican Bay PUD)(subsequent amendments to this PUD Me not relevant to this Interpretation)
and'otherprovisions of the LDC. Please note that the Director of Zoning and Land Development
Review bas assumed the functions, duties and responsibilities of the Planning Services DiT/ictor.
In Request 1, you have asked: Does the SDP Amendment qualify for a reduction from the
minimum yard requirements under Section 7.04.03 of the PUD as a development consisting of
"clustered buildings with a ,common architectural theme?"
, Essentially you are asking whether the SDP amendment would meet the requirements of the
, cited regulations. B,ecause the Official Interpretation process is not intended as a review of prior
staffs administrative action, your request will be analyzed solely as, an interpretation of the cited
regulations to the then applicable facts. Sub-sections 7.04.03 A & B of the Pelican Bay PUD
specifically provide the, criteria for detennining the dimensions of minimum yards and the
standards for determining the distance between structures for principal and accessory uses. In
the application for the SDP Amendment the, subject development was designated as "Group4"
on the' Pelican Bay PUD Master Plan. Section VII of the Pelican Bay POO allows the
development of multi-family residential buildings as a permitted residential use in Group 4.
From my review of the then applicable facts derived from the County's records for this SDP
amendment, this application would qualify for a reduction from the minimum yard requirements
for construction of multi-family buildings under the express terms of the condition stated inSubc
section 7.04.03 C. That condition required the multi-family buildings to be-"c!ustered buildings
'Nith a common architectural theme" which could only be constructed so long as the building's
site plan was approved in accordance with Section 2.05 of the Pelican Bay PUD, Your request
for interpretation does not pertain to this last condition ,about the SDP amendment's approval '
under PUD Section 2.05, and thus, this response does not analyze or reach any conclusions about
that provision.
~~
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;~~1I~st\qn~~lyref!lrg ,to ''bU\ldip~~;''i,y4m\\'il't1iyi.~~~ts 6f f7:," .
,"~ye\.~p$~n\,.llI,;f.'~~";\1:\~ter~4:~.Thc:';dlcti{lnal')'.Je~IUtiP~9f ~"~chi~\li;" IS';,
qf ~s.':F~er~d t~F-etlief.,Mr' mterpre~ti~n:~f this p~e';und~~~;",
,,;thatmiltlils~DP'J~O c~ ,!aytu~IYsitnilaJ:ojlj!ll'S ~ tb.~,P,elic~.B'
c.~:;f~si4e~tiil ;~welli;i~,~:'p,~ttpd ?~ right Fuldb'e,g~t1)ei~IF~,'~&r ;.~"
"mote "Multi- fam1\Y, reSlde!lti!llI!~l1dzng[sr.' . ,\, y"
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.:; ..-~~~.t1i9 requ~~~l'~~.~~" cl~~d ~1ll1~S ~v~.a;"c~~o~ arChitec~~,;?:~q:;f'ni1:~
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. . :pertaining it! ii~f~e!ed'~uJ1;fi~: ~tli..~ co~oii ;chifectl.#;i3Ah'e'me," 'iin,Q' t1ib f~~ ~'~'"'~1 .>>
. :tp.~r~. the ,disja;xF\l~ ~:~~~ %;Q;f.~~5"~,B:~:~tr~~ClPhlida,'~:ui~b~;;r~l#4'tQ.. thos~; .:/.
'on.th~J\pprovedSDi'amenOlllent.. ,~. ,.,...., ;",' .. ......;... ..~.. .'",--:,'" ." ,
~. ".j, .}....:.. ,'\'.: .;.....'j1' ... i,: .. "'. .,'e".. : ~l' .'. ,,"):," ""',,,\,,"'''.,..,.,{;-,l''~.;':
:" .~' 1'; r~gd~is' io Re'Jli;;I4;-~. 3., aM 5, ~k~e'pp iipvzse.4 ~nii? fot1b;:Pi~g:, fu~~6,ri;l~~,sts,. ·
,/,:"a&:orinnbdate:d at th\s:\in1e'l:iooaulie the1'iltenOtcoUsIst6ilfWithtJjC'DiV: l;6;;,;liSid~f~''''''
,.'+the +eq~6siS. Ljn4er.t1iq~eCtiorii,6,3l,Riiia~'~3;lffi45f~"t(), ~!..~i?;1n'ii'bilsh
" ',\lw~~)'the i'lanmng, S~i:vi~S D~ect91;?~ausetMY d~\lotset f{)rth~Setor~pSfuig;of:Pfqll!1;sed,~'~"
0<,; ".. . ;f.},:t:ansing froni' aprClPosc:d; pendingior approveddevelpppient xequesj:':whlc;h"wotiWf,~;. or1i~,
.':.:,' .." ...)i;';':,~Pfjicable_to;the t~xt of then approved or 119W prop!iqfcij~e~~tio~';s~.:~.;~~~~W!,'~:
;" ,'.' ,: ',. \. "',' ,}l1tc;:rpreta\1Oil.of sl\"h text to, b~ rend~l'ed. . In fact;, ~e, ,I\I~g, Sef1'1f.~~.D~Jji.tf.S~b"~
,;"" ''''. , ,,'. '.,.,.,.'",?llppare,~tlyp~m,g askedt,~det~rI1l;~e w, hatpnor., CPf1tystaff.ba,..~~, t,IJ:~,~~e"d, :0, I"CO~, '(,'1"",_, "~';,,:f>,'~ ~ .
, '::.t(:: ,,;~!.o of thelIr~vlew.. of the ~bJ~t SI)p anle;'dment '; !3ecl\l'!!e' . ~t; ,pun'9,~e:t!f';, J9~9~
....,8. .';::r,g~~d==~;r.:"'~m~:~~~.
.,;'.. .'; , ',k intel1'retati(Jlja:boutapp~cllble re@l~tihnS, instead iheYun\lueStioD1lbfy:$.~~~~#:Prl', I,
:Jtj'ti;~Ven~thataTe~uest:ropsOf(ac\,>..~, ",. ," ',"'..: .."'., ,::.:...i',,'.":;~;ir.:::i
,'.Ii, '. " ".;Acbording\y,pursuBltitoLDC Section l;().3.2.,as to :Requests #2; 3'1lDd 5,QI;\ furth~'8C!!OD
, .' -:'Wth,ese,requests will betaken imJes~, cirurl~;:thell1:i6.ve~statea.ci~ficienCiep8r~!em,edied~}2';'\t\
, j ',.,""." ' ':" "..,. ',,:-;,' ",' '". ',,"..',' ,,',';"^'~I$~~
-:';>1n Request 4.YO~ have,aSke4:M.ayt~~ c,ounfY. Staff 1etermin~Yfn~t~~r IJ~ 1i~.t;~~!.;:s,
....;gAmend/llertt qualifies as ,a "f'~~'i.archltectU:al ~heme;"p..t;oJe~' lf~~f,fJ con4!(~"';
;"ii1i, architecturalr.evlew under Seclipn 2,8 of/he CoUler County Land DevdopmentCo(l!Jtt;;;;
.2ft,;' " '," ',." '.,.'" "- ",.".' ';"" ,"';';;;:C:,!
.' ..;,;;Vi.DC sectibn2.S:2.. expressiylimitStheappli~ability of Divisien 2.8(the"archl~"-.
, ,'j~~, standar~).tOco~e.rcia1 Zoning distriCtS, commercial, and';. - ;;rlOn-r~sl~n,tja"'i2rf'::::'~:'"
" ; ,*: PUDdistfictsI.]":',~phaSis ~d;led,). As scich; thc'.'arcbitectUl:al rev'ieYJ' s~dar~'-~:,;,.' ,~"
,.1::+* "Div}~i~~;~;~.,~M~~,;W~' by .~ts,pWJ?,,~~ress terms, dOllotap~ly to the mu1ti"f~~~,f~,. ,
, " <) ,:'} :,strUcMej,j!eJl(ct~il1~:the 5,UQJect SPf AmendmentTh~, 'Se"tiqn 7 .Q4.03, C. of@~,;peJ1.,^ .
[.,,:,.'~1\S'Oft~'..~.; PlJlj':'Mvia~;.ihelOi\l,'s~gUlatioii'thit is r uireQ:to,be It ' lied in order, todeterfuii\~';~ ." "
F~' ,",.','" "."",: 'f':,"'.~,i/-S' "',' . .~,' -.::F ""."'...':.i~,r1: "':i'~Jt'.!,b.'~f::"" ...:~~,' '.\}r"~ .':;,"'. ' ,',"'~'" -- '-"', . . PP.. ," ,', ,~. ',' ',' ,..' ',.' ''',~~h..,:'~
, "i,""" .;;; ";;ilr"J." notihe'SD .. ,,' " 'eot would qualify fo~a'reductiOl11lS' a "CQmP1ol1~pbitectural,th, ,
3~G,:tJ!"i'-i~;~j ..~: . ,r;~~~;!~j~~,.i;f$~1~f'F,f:~~~JiW~"~\,.,;'" . ,',' 'i~,~1~;1~!fi~f.J'\;1::i".:i.. ,;',i.': :;;...,...i;~i-,.,).
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1ft
~J,:::: --:'~-" ,.," . 7J'-- i ~-'/l'< . ., ~'---"):f;"
Mr. Fred Hardt, Esquire
November 24, 2003
Page 3 of3
I,
As stated above, be9ause the subject SDP file contains l~tters 'from three professional architects
indicating that the Cap 'd Antibes project is similar in design and use of materials and colors' the
" ,
project has a signatllle entrance way that includes a gated structure, landscaping, signage and
ornamental pavement surfaces; and street materials and lighting which would be architecturally
complementary throughout the project access ways, the SDP Amendment would have qualified
, as a common 'architectural theme project. Although not part of my interpretation, in response to
your Request #4, I further note'that the subject file reflects that prior staff evaluated the SDP
Amendment proposal fdr conformity wlth the "common architectural theme" standard. In his,
letter dated April 4, 2001, then Planning Manager Robert Mulhere determined that the SDP
Amendment met the, common architectural theme standard.
Pursuant to Division 1.6 of the LDC, this intelpretation ,has been sent to you via certified mail,
return receipt requested. As this is a site-specific interpretation, all property owners within 300 '
feet of the subject property will receive mail notice and a ,copy of this intelpretation and appeal
time frames will be placed in the Naples Dailv News. Withll;i 30 days of receipt of this letter, or
within 30 days of publication of the public notice, any affected property owner or aggrieved or
adversely affected party may appeal the intelpretation to the Board of Zoning Appeals. '
, ' .
An affected property owner is defined as an owner of property located within 300 feet of the
property lines of the land lor which this intelpretation has been rendered. An aggrieved or
adversely affected party is defined as any person' or group of persons, which "ill suffer an
adverse effect to an interest, protected6r furthered by the Collier County Growth Management
Plan 'or the Land Development Code.
A request for an appeal must be filed in writing and must state the basis for the appeal and
include, any pertinent information, exhibits, or other back-up information in support of the
appeal. The appeal must be accompanied by a $500.00 application and processing fee. If
, payment is in the form of a cheek, it should be made out to the Collier County Board of
"Commissioners. An appeal can be hand delivered or mailed to my attention at the address
provided. Please do not hesitate to contact me should you have any further questions on this
matter,
Sincerely,
/!j~.u.A' ,(It:;c.~A.-~(;-.
Susan Murray, AlCP, DIrector '
Department-of Zoning & Land Development Review
Ceo Collier County Board of County Commissioners
James V. Mudd, County Manager '
Joseph K. Schmitt, Administrator, Comm. Development & Emi. Srv. Div.
Ray Bellows, Chief Planner , ,
Marj orie M. Student; Assistant County Attorney
Patrick G. White, Assistant COUllty Attorney
Alamar Similey, Permitting Supervisor