CCPC Agenda 11/21/2019
Collier County Planning Commission Page 1 Printed 11/14/2019
COLLIER COUNTY
Collier County Planning Commission
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
November 21, 2019
9: 00 AM
Mark Strain - Chairman
Karen Homiak - Vice-Chair
Edwin Fryer - Secretary
Patrick Dearborn
Karl Fry
Stan Chrzanowski, Environmental
Joseph Schmitt, Environmental
Thomas Eastman, Collier County School Board
Note: Individual speakers will be limited to 5 minutes on any item. Individuals selec ted to speak
on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on
an item if so recognized by the chairman. Persons wishing to have written or graphic materials
included in the CCPC agenda packets must submit said material a minimum of 10 days prior to
the respective public hearing. In any case, written materials intended to be considered by the
CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the
public hearing. All material used in presentations before the CCPC will become a permanent part
of the record and will be available for presentation to the Board of County Commissioners if
applicable.
Any person who decides to appeal a decision of the CCPC 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.
November 2019
Collier County Planning Commission Page 2 Printed 11/14/2019
1. Pledge of Allegiance
2. Roll Call by Secretary
3. Addenda to the Agenda
4. Planning Commission Absences
5. Approval of Minutes
A. October 21, 2019 "Special CCPC/AUIR" minutes
6. BCC Report - Recaps
7. Chairman's Report
8. Consent Agenda
9. Public Hearings
A. Advertised
1. PUDA-PL20190000502: An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance No. 91-53, as amended, the Audubon
Country Club Planned Unit Development by allowing an additional 4,400 square
feet of commercial development for the expansion of the furniture store up to 65,000
square feet located in Tract Y of the Audubon Commercial Center Subdivision; by
amending Sections 2.06 and 6.13 to reflect the change in square feet, and providing
an effective date. The subject PUD, consisting of 754.75± acres, is located on the
west side of US 41 extending westward across Vanderbilt Beach Drive to little
Hickory Bay, in Sections 5, 7, 8 And 9, Township 48 South, Range 25 East, Collier
County, Florida. [Coordinator: Timothy Finn, AICP, Principal Planner]
November 2019
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2. An Ordinance of the Board of County Commissioners of Collier County, Florida,
Amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida; to amend the timing of required
inspections for communications towers; to establish standards for outdoor lighting
on Estates zoned lots with single-family dwellings; to add a nominal alternation plan
to simplify the review of certain changes to site development plans; to limit
architectural lighting on buildings and lighting on car wash equipment; to clarify
public notice provisions for certain land use petitions; and to correct citations and
update text; by providing for: Section One, Recitals; Section Two, Findings of Fact;
Section Three, Adoption of Amendments to the Land Development Code, more
specifically amending the following: Chapter One – General Provisions; Chapter
Two – Zoning Districts and Uses; Chapter Four – Site Design and Development
Standards; Chapter Five – Supplemental Standards; Chapter Nine – Variations
from Code Requirements; Chapter Ten – Application, Review, and Decision-
making Procedures, Appendix A Standard Performance Security Documents for
Required Improvements; and Appendix C Final Subdivision Plat, Required
Certifications and Suggested Text and Formats for Other Required Information;
Section Four, Conflict and Severability; Section Five, Inclusion in the Collier
County Land Development Code; and Section Six, Effective Date. [Coordinator:
Jeremy Frantz, LDC Manager]
3. An Ordinance of the Board of County Commissioners of Collier County, Florida,
Amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida; to clarify that the minimum floor
area for commercial uses, mixed-uses and apartments in the Bayshore Gateway
Triangle Redevelopment Area does not apply to guest rooms in hotels; by providing
for Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of
Amendments to the Land Development Code, more specifically amending the
following: Chapter Four – Site Design and Development Standards, including
Section 4.02.16 Design Standards for Development in the Bayshore Gateway
Triangle Redevelopment Area; Section Four, Conflict and Severability; Section
Five, Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. [Coordinator: Jeremy Frantz, AICP, LDC Manager]
4. An Ordinance of the Board of County Commissioners of Collier County, Florida,
Amending Ordinance Number 2019-01, as amended, The State of Florida Model
Floodplain Management Ordinance and, specifically section eleven (11-B);
“Temporary Emergency Housing”, and amending Ordinance 2006-35, as amended,
The Post-Disaster Recovery Ordinance, specially section seven (7-3.a);
“Determination of Damage, Buildback Policy, Moratoria, Emergency Repairs, and
Emergency Permitting System” in order to allow additional time extensions for the
placement of temporary emergency housing; providing for Conflict and
Severability, providing for Inclusion into the Code of Laws and Ordinances, and
providing for an Effective Date. [Coordinator: Richard Henderlong, MPA,
Principal Planner]
B. Noticed
10. New Business
11. Old Business
November 2019
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12. Public Comment
13. Adjourn
11/21/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 5.A
Item Summary: October 21, 2019 "Special CCPC/AUIR" minutes
Meeting Date: 11/21/2019
Prepared by:
Title: Operations Analyst – Growth Management Operations & Regulatory Management
Name: Judy Puig
11/04/2019 4:53 PM
Submitted by:
Title: Dept Head - Growth Management – Growth Management Department
Name: Thaddeus Cohen
11/04/2019 4:53 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 11/04/2019 4:53 PM
Planning Commission Mark Strain Meeting Pending 11/21/2019 9:00 AM
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TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida, October 21, 2019
LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County
of Collier, having conducted business herein, met on this date at 5:00 p.m., in SPECIAL SESSION in Building "F"
of the Government Complex, East Naples, Florida, with the following members present:
Mark Strain, Chairman
Karen Homiak, Vice Chair
Edwin Fryer, Secretary
Karl Fry (absent for roll call)
Joe Schmitt, Environmental
ABSENT:
Patrick Dearborn
Stan Chrzanowski, Environmental
Tom Eastman, Collier County School
Board
ALSO PRESENT:
Corby Schmidt, Principal Planner
Heidi Ashton-Cicko, Managing Assistant County Attorney
Sally Ashkar, Assistant County Attorney
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P R O C E E D I N G S
CHAIRMAN STRAIN: Everybody, if we could have your attention. We're going to start our meeting.
It's 5 o'clock.
Welcome to the special meeting for the Collier County Planning Commission, Monday, October 21st.
This is for the Annual Update and Inventory Report.
If everybody will please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN STRAIN: Will the secretary please do the roll call.
COMMISSIONER FRYER: Yes, sir.
Mr. Eastman?
(No response.)
COMMISSIONER FRYER: Mr. Chrzanowski?
(No response.)
COMMISSIONER FRYER: Mr. Fry?
(No response.)
COMMISSIONER FRYER: I'm here.
Chairman Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER FRYER: Vice Chair Homiak?
COMMISSIONER HOMIAK: Here.
COMMISSIONER FRYER: Mr. Schmitt?
COMMISSIONER SCHMITT: Here.
COMMISSIONER FRYER: Mr. Dearborn?
(No response.)
COMMISSIONER FRYER: Mr. Chair, we have a quorum of four.
CHAIRMAN STRAIN: Okay. The others had let me know they may not make it tonight. Mr. Fry is
on the way. He's running late. If someone knows he's at the door, don't answer it.
With that, we'll move into our first and only public hearing tonight. It's been continued from
October 3rd. It's the Annual Update and Inventory Report, PL-20190000983. It's legislative. We won't need
any swearing in or any disclosures.
But I do kind of want to lay out, quickly, how we're going to go about this. I don't know how many
people are in the room from each department, but after Corby gives his introduction, I'll ask everybody from a
common department one at a time to raise your hands. And what I'd like to do is get you out of here and home as
quickly as we possibly can.
So if you've got three people here now and transportation's got three, go out and get somebody else to
come in and sit so they'll say they're with you, and then you'll be first up.
COMMISSIONER HOMIAK: Look at Trinity.
CHAIRMAN STRAIN: Trinity's going to run out. So anyway. Jamie can pick whatever side he wants
to benefit that cause.
Which takes us to Corby. Corby, if you can lead off, we'll move right into it.
MR. SCHMIDT: This year the AUIR is presented with a few changes from last, of course, and the staff
has revised the staff report to refresh it a bit. And we gave you an at-a-glance section to show you what's new
from last year, some continuing projects we listed midway down the first page, and if you have reviewed it,
you've seen them listed already.
Projects from the previous AUIR that have changed in this schedule: The Golden Gate Golf Course; the
county forensic science facility, and you'll see some new dates. That's been moved up in time; Heritage Bay
county government services center; Heritage Bay parking garage; and a number of roads and bridges projects.
New in the AUIR since last year, a number of EMS stations, law enforcement firearms training range,
correctional facilities, the mental health step-down facility, and tentatively an Immokalee Jail addition. So these
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are asterisked to show you they're associated with the surtax.
(Commissioner Fry is now present.)
MR. SCHMIDT: Typical background section has been updated to just give you an idea of history of the
AUIR, why we do this each year and why it's important.
The growth management impact, we've tried to point out the changes, and we gave an additional look at
populations this year. And in order to make another comparison with the way we use populations throughout the
AUIR and in the Capital Improvements Elements throughout facilities planning, we used a number of different
measurements, a number of different populations. And instead of spreading them out and seeing them in each of
the facilities, we put them into a table that I think you see beginning at the bottom of Page 5, continuing onto
Page 6.
You see how special districts use certain populations. Some of the facilities use permanent population
projections, such as your public facilities. Your peak populations are used most by your Category B facilities,
your government buildings, your EMS, your library collections and buildings, your law enforcement and your jail
and correctional facilities, parks and rec facilities, and so forth. And then there are those that do not use
populations in their needs or their levels of service, and those are your roads, your stormwater management
facilities, and your Category C facilities, coastal zones.
The chart on the bottom of Page 6 shows you certificate of occupancy figures. As we do each year, we
update that to give you a flow or continuum of activity in the county.
Moving on to fiscal impacts and recommendations. And as with each year, by the time we're done today,
your recommendation coming from today is fivefold: To make a recommendation to the county board to accept
and recommend approval of the CIE and AUIR; to accept and recommend approval that all Category E and C
facilities set forth -- and the Category A facilities set forth in the capital improvements schedule to be approved;
find that there are no inconsistencies with the school district's Capital Improvement Plan compared to other
improvements within the AUIR or CIE; to consider alternative levels of service for individual components where
deemed appropriate; and, five, to recommend adoption of the capital improvements update by reference of the
school's Capital Improvement Plan and their district facilities work program.
With that, simply move forward to those in the audience who are here represented by the most
representatives.
CHAIRMAN STRAIN: Before we do, I want to make sure, does anybody on the Planning Commission
have any questions of Corby's introductions? That take us through Page 11.
COMMISSIONER FRYER: I do.
CHAIRMAN STRAIN: Okay. By the way, just out of curiosity, do we all have the same document? I
have 306 pages.
COMMISSIONER FRYER: Two hundred ninety-four here. Close.
COMMISSIONER FRY: Two ninety-four.
COMMISSIONER SCHMITT: Two ninety-four.
CHAIRMAN STRAIN: I'm working for the government, so I should have a different number.
COMMISSIONER SCHMITT: You have the bonus.
COMMISSIONER FRYER: I had myself set up here, then I lost my little place.
CHAIRMAN STRAIN: Do you want Joe to go first?
COMMISSIONER FRYER: Sure.
CHAIRMAN STRAIN: Joe.
COMMISSIONER SCHMITT: Yeah. Corby, on Page 9, you show the population projections. I think
the chart is clear, but just to make sure, when I look at 2019 and I see 374,994 and then the following number is
382,800 and so on, I'm assuming those are the out-years then.
So you probably should label the top of that graph as -- am I looking at this correctly? So I look at 2019,
and then that would be Year 1 through 5 of the projections of growth from 2'19 -- 2019; is that -- do you follow
me on the chart?
MR. SCHMIDT: I do.
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COMMISSIONER SCHMITT: You show numbers, and I assume those are the five-year projections,
Year 1, Year 2, Year 3, Year 4 and 5, though it's not labeled.
MR. SCHMIDT: Oh, but they are, yes.
COMMISSIONER SCHMITT: Okay. Just for clarity. And you may want to label that next time you
make that chart.
CHAIRMAN STRAIN: Ned.
COMMISSIONER FRYER: Corby, Page 8 out of the 294 -- so I don't know where that's going to hit on
yours, Chair. We've had this conversation, you and I, in previous years. And I'm really just kind of confirming
what I think is the case -- and this will be quick. But at the top of that page you say the process of capital
improvement programming for the county is a linear equation for most components of the AUIR, and the
equation, new population times level-of-service standard equals capital improvements.
And so I'm confirming, then, my understanding that the CIE and the impact fees and other components of
the revenues that can flow into the CIE, these are for additional or improvements as opposed to for maintenance
and repair, correct?
MR. SCHMIDT: That's correct.
CHAIRMAN STRAIN: Okay.
COMMISSIONER FRYER: Could you just refresh me, then, is it out of the county property tax? I
know it gets into the General Fund. Primarily, where are maintenance/repair items funded from?
MR. SCHMIDT: Those dollars come from a number of sources, and perhaps Susan Usher may answer
that better for you, because it's different each year.
MS. USHER: Hi, I'm Susan Usher from the Budget Office.
If it's general governmental, primarily it would be, like, General Fund. If you're talking about an
enterprise fund, like water/sewer, solid waste, they have their own funding sources through user fees. I'm trying
to think what -- I think those are the two.
COMMISSIONER FRYER: Okay. That pretty much answers my question. I didn't see any reference
in here to property tax receipts. So those real-property tax receipts, they flow into the General Fund?
MS. USHER: Yes, with many other funding sources. So we just refer to it as General Fund because it's
a mixed bag that includes ad valorem and sales tax revenue sharing, many other revenue type sources.
COMMISSIONER FRYER: Okay. Good. That's what I wanted to just reconfirm. Thank you very
much.
My next question is on Page 9, and there is a chart at the top of Page 9 with the AUIR year running down
the left column, and then BEBR estimates is the next one over to the right, and then there are several columns that
don't have headings, and I just don't understand them.
COMMISSIONER SCHMITT: That's the same one I referenced.
COMMISSIONER FRYER: Oh, okay.
COMMISSIONER SCHMITT: I said Page 2, but I was mistaken. Page 9.
COMMISSIONER FRYER: Okay.
COMMISSIONER SCHMITT: That should have been the out-years 1 through 5 which are not labeled.
COMMISSIONER FRYER: Okay. Got it, same answer then. Good. They -- let's see. Then on the
same -- no, excuse me, Page 9 out of 294, there's a reference here that says the projected population increase totals
36,030 for the five-year period or 7,206 period (sic) for people per year using the county's 2.38 persons per
household rate.
Now, when we were hearing from Rivergrass, they were using a 1.2, but that -- the 1.2 is not consistent
with the county numbers, is it?
MR. SCHMIDT: No. This is the figure that we use.
COMMISSIONER FRYER: Yeah. Okay. And this would be the official county figure, the 2.38;
would it not?
MR. SCHMIDT: It is.
COMMISSIONER FRYER: Okay. Then I go to Page 12, bullet point -- or No. 5. The various choices
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that would be before the Board of County Commissioners in the event that the revenues and expenditures do not
equal themselves. And No. 5 says, not issuing development orders that would continue to cause a deficiency
based on the facilities adopted level-of-service standard. Is that ever likely to happen? Has it ever happened
before? Does that --
MR. SCHMIDT: I'm not aware of it happening in the past, and it is unlikely to happen in the future.
COMMISSIONER FRYER: Okay. That's what I thought. Then I go to Page 13.
MR. SCHMIDT: However --
COMMISSIONER SCHMITT: In answer to your question, we've had moratoriums issued in the past but
for traffic not -- which halted the issuing of permits.
COMMISSIONER FRYER: Yeah. Those are, like, for one year or less, moratoriums?
COMMISSIONER SCHMITT: It depends.
COMMISSIONER FRYER: But other than moratoriums, that hasn't been something that's happened,
okay.
Then I noticed -- and I reference it here on Page 13, but the place where at least I first saw and my word
search -- my electronic word search first disclosed the aggregate CIE number, it's $1.33 billion, right? And that
comes up on Page 287, but I guess my only comment would have been maybe it should have been mentioned a
little earlier as well just to give us the order of magnitude that we're talking about. Am I correct on that number?
MR. SCHMIDT: You are.
COMMISSIONER FRYER: Okay. Thank you. Let's see. I go to Page 19.
CHAIRMAN STRAIN: We're going to just do Corby's question.
COMMISSIONER FRYER: Okay. Then I'm finished with that.
CHAIRMAN STRAIN: Go ahead. Karl?
COMMISSIONER FRY: More of an observation, Corby, just to make sure I'm understanding. The
same chart that Joe and Ned have asked about on Page 9.
MR. SCHMIDT: Okay.
COMMISSIONER FRY: It seems to me this model is based on the accuracy of the forecast, since
population is one of the main multipliers for your formula. But if I'm looking at this table correct, it looks like
you've been pretty darn accurate in terms of forecasting the growth. Growth has been rather consistent during
this period, but if you look at this table and you look down at 2019, that first number, 374,994, that equates to the
estimate in the next column for 2018, correct, 376,086?
MR. SCHMIDT: Approximately, yes.
COMMISSIONER FRYER: So last year they estimated that we'd have 376,086 people here, and this
year we actually had 374,994. And even if you look back to 2014 and you extend out, say, to 2018, the actual
number is 45. It's only different by 45 people for four years in the future. So just observing that. It seems like
the forecasting element of the population has been pretty accurate, at least during this time period.
MR. SCHMIDT: Those estimate years seem further apart, but once projected later that year or in the
next year, they become very accurate, yes.
COMMISSIONER FRY: That was it. Thank you.
CHAIRMAN STRAIN: Okay. The next opportunity, I guess is who -- how many from each
department? It looks like transportation, utilities -- how many people from transportation are here? Two?
Three, okay.
How about utilities? You guys win. So let's go to utilities next.
COMMISSIONER SCHMITT: Utilities.
CHAIRMAN STRAIN: You can go home and get out of here as soon as we finish.
So with that, would -- whatever one of your gentlemen want to start with your presentation or discussion.
We'll probably have more questions than you'll have talk, so -- at least Ned will.
COMMISSIONER FRYER: Actually, I don't on this.
CHAIRMAN STRAIN: He won't then. And you've got to give us what page out of 306 you're at. Do
you know that? You do, good. You're the only one. Or 294, whatever the real number is.
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COMMISSIONER SCHMITT: The page of the report.
MR. FEY: For the record, Eric Fey, principal project manager for Public Utilities and Engineering, the
Project Management Division.
Just to be sure, you want to go through potable water and wastewater or solid and hazardous waste?
CHAIRMAN STRAIN: You have all three, right? Let's just take them in the order that you want, and
we'll get through all three of them.
MR. FEY: All right. Well, as long as I'm up here, I'll take you through --
CHAIRMAN STRAIN: Now, if transportation would have figured this out, Amy would have stood up
and said we're going to do drainage, stormwater, but she didn't.
MS. PATTERSON: And all the impact fees. Next time.
CHAIRMAN STRAIN: Too late.
MS. SCOTT: We love you guys.
CHAIRMAN STRAIN: Go ahead, Eric.
MR. FEY: We do have some additional information and modifications I just wanted to highlight for the
Planning Commission.
Starting with the potable water, Mr. Chairman, last year you had requested that we address wellfield
capacity in the AUIR, so we did that this year. You'll find that beginning on Page 79 of your packet we provided
a summary of each of the wellfields, and then a level-of-service standard assessment table on Page 82.
And on that table, you'll see an asterisk that's explained on the following pages in the notes that basically
when you see an asterisk we are meeting our plant capacity with the wellfield that we have in place -- with the
wells we have in place.
And then there's a chart on Page 85 of your packet that shows graphically in red the total wellfield reliable
capacity with the stacked columns underneath it representing each of the individual wellfield facilities. And then
the blue line is the required finished water for maximum three-day average daily demand. As you can see, we've
got plenty of wellfield capacity.
So I can pause there and see if you have any questions on that.
CHAIRMAN STRAIN: My only -- you're still monitoring our aquifer levels, and are they still holding?
I know I asked that last year, and the report was it was. And I get that question a lot. Residents see the amount
of population we have here, and they're -- one of the first things they ask about is, do we have enough water? I
assure them it's covered because of all that great monitoring you do. And I just want to make sure we haven't had
a change in the monitoring status. You're still monitoring, and they haven't depreciated?
MR. FEY: That's correct.
CHAIRMAN STRAIN: They're holding strong.
Is anything going to change because of the dry -- we had a very dry September and October as well. I
mean, those are usually the two wettest months. Are they causing you any concern?
MR. FEY: I'd let Steve Messner, if he'd like to come up here and address that specifically. I will say
that we've done some wellfield rehabilitation projects over the course of the past few years, and those have helped
restore some of our wellfield reduction capacity, and he can speak more so to the aquifers.
MR. MESSNER: Good afternoon. Steve Messner, director of Water Division.
To answer your question, Chairman Strain, we monitor aquifer levels very closely, actually, weekly, as
soon as we get into the drier season. We did have a very dry September/October, so we're actually -- we actually
stepped that up to do what we would normally do during the dry season.
We also have a very detailed specific wellfield monitoring schedule or well rotation plan that we filed
with South Florida Water Management District, and we follow that. In other words, it's kind of simply to spread
the use around from the wellfields and not just use one area or one zone of the wellfield all the time.
So short answer is, we're in good shape.
CHAIRMAN STRAIN: How about saltwater movement? Are you seeing any saltwater lands (sic)
moving inland at all? Are you guys monitoring where that -- how that location's changing?
MR. MESSNER: We monitoring that very closely. We have seen -- traditionally, we have seen
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somewhat of saltwater intrusion on the western end of the north RO wellfield, but we've always seen that for
years. So we monitor that, we have not seen that encroaching further east on any other wellfields.
CHAIRMAN STRAIN: Thank you.
MR. MESSNER: Thank you.
CHAIRMAN STRAIN: Anybody else have any questions on water?
(No response.)
CHAIRMAN STRAIN: Okay. We'll just move to, I guess, sewer system.
MR. FEY: Again, for the record, Eric Fey, principal project manager at Public Utilities Engineering and
Project Management.
Your wastewater section begins on Page 92 of your packet. We did have some changes in the structure
of the report this year. In former years we had everything divided into two service areas, north and south. This
year you'll see four -- excuse me, three. One being added was the northeast service area. We broke that out
separately this year because of all the activity -- development activity anticipated there.
On Page 95 of your packet is the service area map. You'll see some of our subregional service areas
highlighted in different colors. I just want to point out that Orangetree and Golden Gate City are lumped in with
our north service area. That's because they are now or to be in the future interconnected as a more regional or
subregional system.
The south and north service areas are also interconnected, and you'll see that. In your table there's some
diversion numbers in future years that show some transfer of flows from south to north.
The interconnectedness is still under development with our western interconnect, and I believe that's also
highlighted in the constraints section of this report. We did -- obviously, we wanted to address the major service
areas separately, which is why we broke northeast out because it -- while it will be interconnected for water, it
will also be interconnected on wastewater, but we're building a new plant, so we felt it deserved its own
breakdown.
The planned improvements are addressed in your level-of-service standard tables. The north plant on
Page 101, you'll see .375 MGD added in Year 2021. That is the $5 million expansion to the northeast utility
wastewater treatment plant at Orangetree, not the new northeast utilities facilities. I just want to make that
distinction. There's some confusion over what's northeast.
On Page 105, the level-of-service standard table for the northeast shows a one-and-a-half MGD expansion
in Fiscal Year 2021, so that work is in design-build process now, and 1.5 MGD is the interim wastewater
treatment plant. You'll see that come off in the Fiscal Year 2027 because that will be retired upon the completion
of the permit for MGD new plant at the northeast utility facilities.
The wastewater collection and transmission system constraints section was updated based on current
master planning efforts and capital improvements updates, but no additional constraints noted.
And then you can see our checkbook concurrency was included again this year. And that's basically all I
wanted to highlight for you. If you have any questions, I'd be happy to answer them.
CHAIRMAN STRAIN: Just a couple. I noticed on the map on -- I think it was -- well, my Page 94, the
first map you started with. On the big -- on the northeast wastewater service area, you've got all of Big Cypress
Stewardship District, which now has three villages so far proposed for it, I thought they were going to cut a deal
with Ave Maria to get some of their services from Ave Maria. Is that the -- did that not happen?
MR. FEY: No, sir. That was under discussion in the earlier stages with the Town of Rural Lands West,
but we negotiated to serve their entire district. An agreement on that is pending. I know they're -- they've been
taking a lot of your time here lately, and so one of the conditions of approval for their petition is that we serve the
entire district per interlocal agreement.
CHAIRMAN STRAIN: You're doing Hyde Park, then, too?
MR. FEY: We are.
CHAIRMAN STRAIN: I notice you've got Hogan Island down here. They came in for a pre-app but
they never followed up. Are they still active as far as you-all are concerned, or did you just put it here just for
future reference?
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MR. FEY: We've had no -- to my knowledge, any dialogue with the developer on Hogan Island. I'm
not sure of their status. We did include them in our expanded service area, which was amended September last
year to include them. And, if you recall, there was some discussion at the Board meeting about them wanting to
get service from Ave Maria.
CHAIRMAN STRAIN: That's right. Since it's the same.
MR. FEY: So they questioned it, but we ended up agreeing. They reserved the right to come back to
the Board to protest in the future if we don't work out a deal. But I don't have any updates on the status of any
negotiations because they have not moved forward with their development.
CHAIRMAN STRAIN: And I noticed you've got the Immokalee Rural Village north of Orangetree.
When we have requests for places like Orangetree that have a certain density that you may have counted on -- we
had one come in recently that wanted to bump their number up by almost a third, 350 units, does that -- how do
you take that into -- I mean, can you take that in stride, those kind of jumps in density, without too much
problems, especially in that northeast area?
MR. FEY: I think you're referencing the Orange Blossom Ranch PUD amendment.
CHAIRMAN STRAIN: Yes.
MR. FEY: We had Barraco on that one go through the exercise of demonstrating pipe capacity. Plant
capacity isn't a concern at this point. We are, just for information, constructing a pump station that will be able to
shave peak flows off that plant and ship them to the north plant.
We've got plenty of plant capacity. There was a concern about conveyance capacity, but they addressed
that through the zoning process.
CHAIRMAN STRAIN: Okay. I don't have anything else.
Anybody? Karl?
COMMISSIONER FRY: Eric, two questions on the chart on Page 101 where you first pointed out the
.375 MGD growth or the enhancement in 2021. The column that says "retained operational treatment capacity,"
want does that mean?
MR. FEY: That is the balance of treatment capacity. When you subtract Columns 5 and 3, that's just
the difference between those two. So it basically means we have excess capacity at that plant.
COMMISSIONER FRY: I see. And then if I look at the maximum three-day average flow for 2021, it
says 21.6. You have a -- I guess the permitted operational capacity's 26. So .375 is one and a half percent of
that or so. So I guess, what are you doing for $5 million that only adds one point -- if I'm reading that right.
Correct me if I'm wrong. It's my first time doing this. But what -- $5 million and what is -- and it's adding
under 2 percent additional capacity. So what kind of an improvement is that? What's actually happening?
MR. FEY: I might call Tom Chmelik up here to speak to that. I know we're doing some RIDs out there,
and he can speak in more detail to your question.
MR. CHMELIK: Tom Chmelik, for the record, public utilities. I think part of what you're seeing, the
number, .375, was in relation to the 21.6 that's the whole north service area. So if you look just at Orangetree
today, the capacity of that facility is much less at .75. So it's a substantial increase if you look at the facility
itself.
COMMISSIONER FRY: So you're doubling Orangetree -- or you're adding 50 percent capacity to the
Orangetree facility?
MR. CHMELIK: That's what we're reviewing, yes.
COMMISSIONER FRY: Okay. Thank you.
CHAIRMAN STRAIN: One more question. On the areas that you have constraints, North Naples, the
Activity Center No. 9, and up by Immokalee Road at the bend, should we be, from a zoning perspective, looking
more carefully at the densities that go in there and requests that come through and tying them -- possibly tying
them to when your constraints will be less constrained?
MR. SCHMIDT: That would be very helpful, yes.
CHAIRMAN STRAIN: Well, the reason I'm bringing it up is someone has to give us that hint, because
we won't remember that now. But if you have occurrences like this, a lot of times we can request the developer
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to phase in based on the needed infrastructure that will be in place and will be better suited for their operation. If
you give them letters ahead of time that basically says everything's okay, it doesn't give us a foot in the door to
suggest that we need some phasing on a project.
So seeing that we have three constrained areas, it might be helpful to keep that in mind for us when we
hear those, because I know you-all are getting our records as what we're doing. We look for your input, so that
would be helpful.
MR. CHMELIK: Well, we would appreciate the opportunity to do that, but that in these cases we are in
good shape, but in the future we'll certainly take advantage of that.
CHAIRMAN STRAIN: Joe.
COMMISSIONER SCHMITT: Just for clarity, but if you issue a certificate of adequate public facilities
for the entire development, then it becomes a nonissue.
MR. FEY: Yes, it does.
COMMISSIONER SCHMITT: I mean, you would have to tell us that there's not adequate capacity
available and then suggesting that there's some kind of phased development.
MR. SCHMIDT: Understood.
Anything you want to add?
MR. FEY: Again, for the record, Eric Fey. I just wanted to add that in each of these constraint
situations we have improvements being planned now to address those. So by our ordinance, "readily available
utilities" mean that the capacity will be there in the next five years, so --
COMMISSIONER SCHMITT: Okay.
MR. FEY: -- we take that into consideration with our zoning petitions that -- you know, if there will be
capacity in the next five years, we support the petitions. And depending on what comes -- depending on how
quickly the development permit applications come in, that's when the certificate of public facility adequacy is
issued, and that's when the detailed engineering analysis is done, when we know exactly what they're planning to
build. And if there's a problem, we work it out then.
CHAIRMAN STRAIN: Okay. Thank you.
I think we can move on to solid waste, if they're here.
MR. FEY: Thank you, Commissioners.
CHAIRMAN STRAIN: Good morning, young lady.
Now, I was expecting this big tall guy named Dan Rodriguez. He's doing something else now, I hear,
isn't he?
MS. HODGSON: He certainly is.
For the record, my name's Kari Hodgson, director of Solid and Hazardous Waste Management.
CHAIRMAN STRAIN: Joe wants to know where Dan's at. I don't even know his title anymore.
MS. HODGSON: The director -- deputy director for Utilities.
CHAIRMAN STRAIN: So he's kind of over all of us, not just one.
COMMISSIONER SCHMITT: Oh, all right.
CHAIRMAN STRAIN: Anyway, go ahead.
MS. HODGSON: I'm a shorter version of Dan.
CHAIRMAN STRAIN: In a number of ways.
MS. HODGSON: I introduced myself at presentations. You are probably familiar with Dan Rodriguez,
who was born working for Collier County.
CHAIRMAN STRAIN: That he was.
MS. HODGSON: Notable in the 2019 AUIR for solid waste is a loss of eight years capacity to the
landfill life, and the reason for that is recognizing the finite capacity of the landfill in the county versus the
contracts that allow for capacity at an out-of-the-county location.
CHAIRMAN STRAIN: Okay.
MS. HODGSON: And that's the only major change, and I'll be happy to answer any questions you might
have about that.
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CHAIRMAN STRAIN: Anybody?
COMMISSIONER SCHMITT: Your chart on Page 128 --
MS. HODGSON: Yes.
COMMISSIONER SCHMITT: -- indicates you're good out to about 2052; am I reading that correct?
MS. HODGSON: That is correct. Twenty -- it would be -- 10 years life would be about 2051.
COMMISSIONER SCHMITT: Okay.
CHAIRMAN STRAIN: At what point do we need to start looking at additional land? This came up
years and years ago as well, and then we found ways to extend the life of the one we have by increasing the height
and other things.
MS. HODGSON: Yeah. That's a great point to bring up.
CHAIRMAN STRAIN: Well, we're dealing with out east now. Look what's happening. I mean, we're
going to see a population out there double the urban population we have today rather rapidly, at least what I think
is rapidly, compared to how we've been growing it for the past 40 years. And I'm wondering if we need to start
looking out there while the land is still available and we have an opportunity to grab it.
MS. HODGSON: That's part of my job. I do that on a daily basis seeing what the different options are
for Collier County for long-term sustainable solid waste disposal, whether it be land here in Collier County,
agreements elsewhere. So those are all items that I've been looking at.
The AUIR highlights that at 2041 the initiation should be started, but it's never too soon to start looking.
So that is something I look at on a routine basis.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHMITT: And I would agree, because anywhere you're going to put this is going
to involve a significant amount of permitting, state and federal.
MS. HODGSON: And NIMBY syndrome, absolutely.
COMMISSIONER SCHMITT: And, of course, the objections of the community wherever you're going
to put this. So, yeah, delaying planning is only going to complicate the issue. But you've already stated you're
looking at it. This is probably the most critical thing right now in the whole AUIR.
MS. HODGSON: Thank you for understanding that.
CHAIRMAN STRAIN: How many acres are we going to look at when you go to acquire a new
location? Just out of curiosity.
MS. HODGSON: Part of what I've started doing -- I've only been here about seven months -- is getting
someone on board for strategic planning looking at where there's land available, what's involved with that, the
cost associated as well as partnerships with other disposal facilities, whether it be a neighboring county.
While Collier County's growing at a very fast rate, as you indicated in the northeast, counties like Lee
County have already maxed out capacity of their waste to energy and are now routing most of their waste to their
landfill which impacts their landfill life.
So the impact overall will be what is -- what's going to happen with the waste in Collier County, whether
it be a new landfill, partnerships, transfer stations. There's already two contracts in place with Okeechobee
Landfill. So those are all the different factors I'm looking at.
So I don't have a definitive answer for your question, but I'm looking at strategically planning to make
sure that something's getting put in place for the future of solid waste disposal in the county.
CHAIRMAN STRAIN: Are we still operating the Immokalee Landfill?
MS. HODGSON: Not the landfill, but a transfer station is there. The landfill was enclosed.
CHAIRMAN STRAIN: Okay. And all the plastics are still there?
MS. HODGSON: There's two small piles of it that still exist there.
CHAIRMAN STRAIN: What about recycling; how we doing there?
MS. HODGSON: As of right now, this county is doing just fine with all the changes that have been
going on, but that's something that I take into considerations when I look at the numbers for projections is,
overall, what will be the impact of the challenges facing the industry.
Right now Collier County has franchise agreements in place that guarantee the disposal of the recyclables.
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That contract expires in seven years. So where will we be in seven years is more of the question. So I take this
into consideration when I'm looking at numbers and projections for the future and taking into consideration with
the life.
CHAIRMAN STRAIN: And commercial recycling is?
MS. HODGSON: Commercial recycling is not -- it's mandatory for one item to be recycled, but it's an
open market, so it's not something the county controls.
CHAIRMAN STRAIN: Is it something we can control?
MS. HODGSON: Yes, through ordinances. They are required right now to recycle one item that they
produce.
CHAIRMAN STRAIN: Mostly cardboard, isn't it?
MS. HODGSON: For the most part, yes, which still has good value, so that's a saving grace.
CHAIRMAN STRAIN: Okay. Well, as I expected, everything -- you guys are on top of it, so thank
you.
Anybody else?
MS. HODGSON: Thank you.
CHAIRMAN STRAIN: Okay. Thank you. That takes care of the Utilities Department and Solid
Waste. So thank you-all for your time tonight.
And I guess we'll move on to, what, Transportation. Now, if I were to ask how many people are here
from Transportation, does that get more hands this time around? You gained the idea. Okay.
Trinity, it's all yours.
COMMISSIONER SCHMITT: And Utilities has to stay and listen. No?
MS. SCOTT: It's okay, Joe. We'll just talk bad about them after they leave. All kinds of questions.
For the record, Trinity Scott, Transportation Planning manager. I'm open to questions.
CHAIRMAN STRAIN: That's a good way to start out. I know -- I bet Ned has questions on
transportation.
COMMISSIONER FRYER: I do.
CHAIRMAN STRAIN: That's a subject you seem to like. Okay.
COMMISSIONER FRYER: I do like that.
CHAIRMAN STRAIN: Go for it.
COMMISSIONER FRYER: Let's see. I start on Packet Page 19, which is Page 5 of 171. It's
Attachment B, Transportation, Existing Conditions Report. And at the bottom of that page there's a -- the last
bullet point in the last sentence it says, LOS standards already set at the lowest acceptable levels of D or E. And
I just wanted to flag that, because I think that's an unfortunate situation in which we find ourselves. And it's
certainly not a problem of staff's making, but it's something that I think is serious and could become even worse
than serious if we don't deal with it in some form or fashion.
I know we can change our levels of service, or we can spend more money, or we can rearrange where we
spend money. But somehow, this -- for a county that has the wealth that we have and the high standards that we
set for ourselves, I just -- I think that this is an unfortunate situation in which to find ourselves.
So that's just an observation, unless you wanted to make a comment on it.
MS. SCOTT: Well, what I would say about Level of Service D and E with regard to roads is you also
don't want to have an adopted level of service which is A which would mean you'd have a lot of pavement out
there that's not being utilized but you still have to maintain, and there's a balance.
COMMISSIONER FRYER: That's a good point. Thank you.
My next goes to Page 20 of 294, which is still Attachment B, Page 6 of 171, Packet Page 20. And here
we have a list of segments that have increased and those that have decreased from the previous AUIR. And in
some cases the result -- a decrease has been the result of construction avoidance, and I certainly understand that,
and that that would naturally be a consideration.
My question is: Is there any -- have you been able to identify any other innovative solutions or tactics
that are being employed that have brought about an improvement in the cases where the traffic has decreased?
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Anything that we could use to replicate in other areas, any successes?
CHAIRMAN STRAIN: Diversion diamond.
MS. SCOTT: We are looking at -- we are looking at alternative intersection improvements. In
fact -- and I was remiss at the beginning. I also have Jeff Perry here from Stantec who assists with preparation of
the Transportation portion of the Annual Update and Inventory Report.
And some of the things that we're looking at, particularly on our roadways that are already built out, are
innovative intersections and how to be able to move traffic more efficiently and be able to increase that capacity
of the roadway.
So there are innovative things that are happening all around the United States and up in Lee County as
well, close to us. That's usually the question we get when we're looking at how to -- how to make things more
efficient; where have they deployed these measures?
Europe. Lots of, you know, roundabouts are well known, as well as the alternative intersections, but also
gaining popularity here in the United States.
COMMISSIONER FRYER: So roundabouts, I know, are used in the City of Naples. Are they also
being looked at in the county?
MS. SCOTT: We actually are. We have our first roundabout that opened this past year at Tree
Farm/Woodcrest, which is a roadway that connects Collier Boulevard and Immokalee Road, as well as
Whippoorwill. We were -- one of the programmed projects that we have within this AUIR is a connection of
Marbella Lakes Drive and Whippoorrwill Lane which will also be a roadway that will connect Livingston and
Pine Ridge. We will be utilizing roundabouts within that section as well.
COMMISSIONER FRYER: Would it be appropriate to ask Mr. Perry if he wanted to augment or add to
that in any respect? I mean, it's not required, but anything that you're looking at innovative techniques to help
reduce traffic that don't necessarily involve spending a lot of money.
MR. PERRY: For the record, my name is Jeff Perry, transportation planner with Stantec working with
the Transportation Department.
Keep in mind that when you see traffic volumes that are increasing, that's obviously an indicator that we
have population growth, and that's going to occur regardless.
You did mention that there's oftentimes a diversion of traffic from one facility to another perhaps because
of construction. Also, when you add a new facility. For instance, Vanderbilt Beach Road extension is likely to
reduce traffic on parallel facilities: Immokalee Road and Golden Gate Parkway.
The other -- what you're not seeing in these particular numbers is how well they're operating. You could
have increases in traffic, but that may not be creating any problems, may not be creating a deficiency so that
it's -- just looking at the volumes and not necessarily the entire picture.
As Trinity mentioned, we're proposing operational improvements that would help improve the efficiency
of the system so that it can accommodate that additional traffic.
COMMISSIONER FRYER: Thank you.
Trinity, the Big Cypress Parkway will relieve traffic from Everglades, which is one of the areas that is
near deficient, and that's a good thing if we can get that going. How far south do you think that will go? Will it
go all the way to 75?
MS. SCOTT: Big Cypress Parkway?
COMMISSIONER FRYER: Yeah.
MS. USHER: In the Long Range Transportation Plan it calls for it to go to Golden Gate Boulevard.
COMMISSIONER FRYER: Okay. Okay. My next question has to do with this tollway that's being
planned as an alternate way going through the central part of the state to relieve from both 95 and 75 and, I guess,
4. Where exactly would that find itself in Collier County? Where would we see that under present planning?
MS. SCOTT: That's a great question. So currently the Florida Department of Transportation is going
through a programming -- a planning exercise right now. But one of the things that they have stressed is that
they are not drawing a line on the map. So we have our elected officials who are working through this process.
And I know Mr. Cohen's behind me, and he's been to the first meeting up in Tampa with regard to that. But they
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have stressed that they are -- with this phase of the project, they will not be drawing lines on the map. So I
cannot tell you today where that roadway would go.
COMMISSIONER FRYER: I see. I mean, there are various considerations such as the cost of eminent
domain and the like that would enter into it.
Are there any obvious places that it would go, or all of them involve a balance test of pluses and minuses?
MS. SCOTT: It's a balance test. We will wait and see. My crystal ball is as good as anyone else's, so...
COMMISSIONER FRYER: Okay. Thanks.
Then I go on to Attachment F, and thankfully, Trinity, you and your colleagues had sent us the full Excel
spreadsheet for all of the attachments, including F, which I find enormously useful and use it throughout the year.
I'm glad we have that because for some reason the one that was in here, the PDF version, got cut off, and a lot of
the columns are not visible. But I think, at least from my perspective, that problem is alleviated by virtue of the
fact that you sent us the full Excel spreadsheet, so I'm happy with that.
Then, let's see, I go to Attachment G. I have several questions on this. This identifies how present
deficiencies are to be addressed. And I want to go through a couple of these with you.
First of all, the ones that are existing at the top, in the case of Pine Ridge between Shirley and Airport, it
says "continue to monitor." Maybe you have something tangible in mind when that phrase is used, but it doesn't
light up a clear tactic in my mind of what you're doing.
MS. SCOTT: So with this particular segment of roadway, what we will do is initiate a planning study
that will not rise to the level of being listed specifically within the Annual Update and Inventory Report.
Transportation Planning staff routinely does these. We actually have one ongoing right now for Immokalee
Road. Previously did one for another section of Pine Ridge Road. So right now what we're doing is working
with our catalog of consultants to start initiating some operational analysis to see if there are any of these
alternative intersections that can be initiated within this area to be able to assist, and also looking at parallel
facilities as well, if there's anything that we can tweak to have it work a little better to be able to bring that within.
COMMISSIONER FRYER: Good. I mean, that is -- that's one that a lot of people in the urban part of
the county -- urban parts of the county see all the time. And so it's on a lot of people's radar screen. It would be
nice if we could somehow find a good solution to that sooner rather than later.
MS. SCOTT: As Jeff also talked about with Vanderbilt Beach Road extension, we certainly anticipate
that not only Immokalee Road will see some relief, but also Pine Ridge Road.
Now, that's specifically right in that industrial park area, but we will be looking at that to see what we can
do to make that roadway work better.
COMMISSIONER FRYER: Okay. Then let's see. Pine Ridge/Livingston and I-75. Well, no, let me
first go to Old 41 at the very top. You say "pursue federal funding." Is there anything really tangible on the
horizon that might provide federal funding for it?
MS. SCOTT: There is currently a project development environmental study that's ongoing with the
Florida Department of Transportation. Because this roadway completes its terminus in Lee County within the
City of Bonita Springs, we worked with our partners, our regional partners, to fund that through the federal
process.
So in order to be eligible for federal funding, the first thing you must do is a project development study
underway right now, anticipated to be completed within probably the next year or so, and then we'll continue to be
working through the Florida Department of Transportation as well as with Lee County to initiate those follow-up
phases of design, perhaps right-of-way, and construction.
COMMISSIONER FRYER: So at some point I assume you're going to have to file a formal application
with the federal government.
MS. SCOTT: It's ongoing right now as part of that project development and environmental study.
COMMISSIONER FRYER: So that application's already been filed?
MS. SCOTT: Well, what happens is is that that study makes the roadway eligible to receive federal
funding.
COMMISSIONER FRYER: Okay. But is there -- in the process is there an application that must be
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submitted and --
MS. SCOTT: No.
COMMISSIONER FRYER: No, there isn't. Okay.
MS. SCOTT: We work through the Florida Department of Transportation because federal funds filter
through them to get to the county level.
COMMISSIONER FRYER: Okay. And then the other Pine Ridge segment, Livingston to 75. I guess
your answer's the same if I ask what are the chances for federal funding. This one is not a multi-county thing.
MS. SCOTT: It is not, but I -- so the AUIR we start developing this March/April time frame of this year.
So on Friday I actually received the -- what FDOT calls their draft tentative work program. So for the Pine
Ridge/Livingston to I-75, half of those improvements are within the county, and the other portion are within
what's called the Florida Department of Transportation's limited access right-of-way. So it's that interchange
area.
So we've been working with the Florida Department of Transportation to partner with us with funding,
and they have come to the table I believe it's to the tune of about 7 or $8 million to improve that interchange.
COMMISSIONER FRYER: Okay.
MS. SCOTT: And that would be within the next five years.
COMMISSIONER FRYER: Okay. Then the last one here at the top, at least, State Route 29 where the
LOS standard is currently a B, and we're downgrading it to a C.
MS. SCOTT: And that actually has come out. We had inadvertently changed the level of service, and
we have since talked to the Florida Department of Transportation who accepts our level of service. So we
need -- we will be changing -- all of the State Road 29s will actually come out. They are not deficient.
COMMISSIONER FRYER: Okay. All right. I mean, the conditions are the same; it just is no longer
on our list of problems?
MS. SCOTT: Correct. They've accepted our level of service, our adopted level of service.
COMMISSIONER FRYER: Which is B or C?
MS. SCOTT: I believe it's D.
COMMISSIONER FRYER: D? I thought I looked -- I believe I looked back at the 2018 AUIR for this
segment. I thought it was currently B.
MS. SCOTT: Oh, it may be operating at B, but I'm saying the adopted level of service would be D.
COMMISSIONER FRYER: Okay, okay. Then down on the projected deficiencies 2020 to '24, again,
there's some cases where we've actually achieved some improvements that are to be noted, and I think those are
good things. Sort of the same question I had previously about, are there any lessons that can be learned, any
ways that we can apply the wisdom that we've applied to these segments to other segments and achieve similar
results of at least postponing the time it becomes deficient?
MS. SCOTT: I think it has a lot to do with, as Jeff mentioned, new facilities opening. We monitor this
to look at if projects are under construction as well, because there's a diversion with regard to that, typically, as
well. So we do look, but nothing really jumps out at me as a success other than, you know, we can keep
something under construction a little bit longer.
COMMISSIONER FRYER: Okay. Then, let's see, Pine Ridge from Airport to Livingston has gone
from 2025 to existing, so that's going, obviously, in the wrong direction. This is a critical segment to
transportation in the county, particularly the urban part of the county.
MS. SCOTT: In the study that I spoke about with the Shirley Street to Airport Road, we actually asked
the consultants to scope out all the way back to Livingston because we want to look at that as the entire -- I
shouldn't say the entire corridor, but a longer corridor.
COMMISSIONER FRYER: Okay. All right. Then I go to Page 30 of Page 294, which is a visual, an
image showing 29, and it shows a little red piece there. And it says, existing deficiency, PD&E complete. Is
that the evaluation that you're talking about?
MS. SCOTT: It is. But, once again, that -- this map will be swapped out because the level of service
is --
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COMMISSIONER FRYER: Off our books.
MS. SCOTT: Correct. But just to let you know, that Project Redevelopment Environmental Study is
complete. We're working with the Florida Department of Transportation. They have design funded. And,
actually, they're not going to widen through Immokalee proper. It will become an alternative, what we call a
loop road. It will go around Immokalee. And so there may be some conversations with the Florida Department
of Transportation in the future about possibly -- I'm certain they're going to come to the county to ask us to take
over State Road 29 as a local road through Immokalee proper.
COMMISSIONER FRYER: Okay. Then on Page 31 there is an excerpt of, I think, the spreadsheet. It
looks like Attachment F, and there are other references as you continue, subsequent pages after 31 that also appear
to be excerpts snipped from Attachment F.
Is it fair for us to conclude that they're identical to that Excel spreadsheet?
MS. SCOTT: Is this Attachment I?
COMMISSIONER FRYER: No. At the bottom -- well, for instance, on Page 32, the footer says master
attachment F2019, Excel SM.
MS. SCOTT: What that actually is, if you look up at the actual header, it's Attachment I. And this
begins your --
COMMISSIONER FRYER: Yeah, yeah, yeah.
MS. SCOTT: -- Transportation Concurrency Management Report.
COMMISSIONER FRYER: So these additional attachments are excerpted from F?
MS. SCOTT: Yes.
MR. SCHMIDT: Yes.
COMMISSIONER FRYER: Got it. And verbatim?
MS. SCOTT: Yes.
COMMISSIONER FRYER: Okay. That's what I -- thank you.
And let's see.
MS. SCOTT: It gives a little different information as far as the lane miles and number of lane miles that
are operating at acceptable levels of service, because that's our measure for the Transportation Concurrency
Management Areas is the percentage of lane miles meeting the standard.
COMMISSIONER FRYER: Thank you.
Let's see. On Exhibit A on Page 161; I go all the way to 161.
CHAIRMAN STRAIN: Getting there. Halfway through.
COMMISSIONER FRYER: And this has to do with arterial and collector roads and bridges. This is
the overall '20 to '24 showing half a billion dollars roughly.
This is a question about accounting techniques. And I think I understand. I'm not sure -- I'm not as
familiar with fund accounting as I am with, you know, the rules that apply in the context of business
organizations. So maybe this is the way it's typically displayed. But there are -- this looks to me like a revenue
and expenditure statement that contains balance sheet items, I think. Items that, in a business context -- for
instance, the General Fund and available cash, these are -- these are balance sheet, not income-statement items.
So is it just that I don't have a good understanding of fund accounting, that this is -- this is the way it's to be
displayed?
MS. SCOTT: I'm looking to Ms. Usher.
COMMISSIONER FRYER: Who could usher in an answer for us.
MS. SCOTT: I was hoping.
MS. USHER: These are different revenue sources. So the General Fund would be a revenue source.
Impact fees would be a revenue source. Gas tax would be a revenue source. These are all the different revenue
sources. They're not balance sheets.
COMMISSIONER FRYER: Okay. So it's -- it's -- it would be a balance sheet item for the county as a
whole, but it's a revenue source for the transportation people?
MS. USHER: It's not a balance sheet. It's an income statement. You have the expenditures on top and
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the revenues on the bottom.
COMMISSIONER FRYER: Well, no. I get that. But when you have an item like cash, available cash
is --
MS. USHER: Beginning, that's -- we -- for budget purposes we have an item called carryforward, and
the definition of carryforward, by Florida Statute, we have to show how much available cash we can carry
forward into the new fiscal year so that these guys can all budget to spend.
So it's carryforward. It's a budgetary term. The Florida Statute dictates that we have to disclose that.
COMMISSIONER FRYER: Okay. All right. I'm not being critical of it at all.
MS. USHER: So it's revenue.
COMMISSIONER FRYER: It's mostly just out of my lack of understanding. Perhaps this is either
conventional fund accounting that nonprofits and government agencies use or mandated by aspects of Florida l aw
or some combination.
But the way I was -- the way I learned accounting is that cash is an item that appears on the balance sheet,
not the income statement.
MS. USHER: And this is true, but in the Florida Statute for budgetary purposes you have to take that
cash, and you have to budget it as revenue because it's available cash that the folks here can use to spend.
COMMISSIONER FRYER: Okay.
MS. USHER: So that's -- I can understand the confusion you have.
COMMISSIONER FRYER: Okay. Thank you. Thank you very much.
MS. USHER: You're welcome.
COMMISSIONER FRYER: I go to Page 162. And this is Appendix H, arterial and collector road
projects, and there's an item on here that says impact fee refunds. So my question is: What are these, and why
do we have to give refunds?
MS. SCOTT: I'm phoning a friend. Amy Patterson, our director of Capital Project Planning.
COMMISSIONER FRYER: All right.
MS. PATTERSON: Hi. Good evening. Amy Patterson, for the record.
Every one of our impact fee funds has a line item for refunds that has to do with canceled permits. We
always leave some money in there for prior-year refunds as well.
Some years there are none and some years there can be a lot, millions of dollars sometimes, particularly
when we had the downturn in the economy.
COMMISSIONER FRYER: So it would add up to various kinds of excess collections or
over-collections that then has to be remitted back?
MS. PATTERSON: No. Only, really, to the extent that it has to do with permit cancellations or
changes to building permits that require a refund of the impact fees.
COMMISSIONER FRYER: Okay.
MS. PATTERSON: So over-collections and things. There's another way that we deal with excess
collections after a seven-year period. That never happens in our current state of capital projects. But this is
mainly to do with refunds related to building permits.
COMMISSIONER FRYER: Okay. Thank you.
MS. PATTERSON: Uh-huh.
COMMISSIONER FRYER: Let's see. That's all I have on transportation.
CHAIRMAN STRAIN: Anybody else have anything on transportation?
COMMISSIONER FRY: One question.
Trinity, at town halls, you mentioned a term "alternative intersections."
MS. SCOTT: Uh-huh.
COMMISSIONER FRY: Are you describing where the travel lanes actually crisscross one another?
MS. SCOTT: That is one of them, yes; continuous flow intersection, yes.
COMMISSIONER FRY: So can you just tell us where those are planned and which ones actually are in
the short- versus long-range plan.
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MS. SCOTT: Right now we have a continuous flow intersection planned at Pine Ridge and Livingston.
We have what's called an R cut, and I forget what that R means. Restricted crossing U-turn land for
Whippoorwill and Pine Ridge Road which would mean, essentially, the folks coming off of Whippoorwill are
coming south from the commercial area would make a right and go make a U-turn to go in the opposite direction.
And then we have a diverging diamond interchange planned at Pine Ridge Road, which is where you
cross over to the other side as well. And there are animations of those on the Transportation Planning's website.
CHAIRMAN STRAIN: Same thing. That's what she's talking about. You saw all that.
COMMISSIONER FRY: We see a lot of presentations.
MS. SCOTT: So there are animations on our website for those two.
COMMISSIONER FRY: Three of them are imminent right on Pine Ridge Road, basically?
MS. SCOTT: Yes. We're in the middle of a study right now for Immokalee Road to see if any of those
can be utilized along Immokalee Road from Livingston over to Logan, and then we will be picking up and
looking at additional sections of Pine Ridge Road as well as looking at Golden Gate Parkway as well. And I
should also state that there are other alternative intersections.
A jug handle can be -- is something that we have looked at as well as overpasses, the overpass right out
here at Golden Gate Parkway and Airport Road. Those are -- instead of just adding lanes, we're looking at
different ways to be able to utilize the same amount of space but be able to move traffic more efficiently through
it.
COMMISSIONER FRY: When you say "overpass," same thing as a flyover?
MS. SCOTT: Yeah, that's similar, or a single point urban interchange.
COMMISSIONER FRY: Okay. You lost me at hello.
MS. SCOTT: We use lots of terms.
COMMISSIONER FRY: I've heard reference to a potential overpass or flyover at Immokalee and
Collier --
MS. SCOTT: Yes.
COMMISSIONER FRY: -- Boulevard, 951.
MS. SCOTT: Yes.
COMMISSIONER FRY: But that was not in the short-term plan, correct? That's way out?
MS. SCOTT: It is not. We are -- we've set aside the right-of-way for it and now the water management
to accommodate it. So once it's necessary -- and most likely that will probably come about along with a potential
Collier Boulevard extension. When you start seeing that fourth leg come into that intersection, that is most likely
when that will be necessary.
COMMISSIONER FRY: Any other prominent locations where a flyover might be?
MS. SCOTT: Collier Boulevard and U.S. 41.
CHAIRMAN STRAIN: Randall and Immokalee, too.
MS. SCOTT: And Randall and Immokalee. Sorry.
COMMISSIONER FRY: Randall and Immokalee.
MS. SCOTT: Yes.
COMMISSIONER FRY: Thank you.
CHAIRMAN STRAIN: Anybody else have any transportation questions?
COMMISSIONER SCHMITT: Nope.
CHAIRMAN STRAIN: Trinity, thank you.
MS. SCOTT: Thank you.
CHAIRMAN STRAIN: And Amy's department, then, since you want to finish up your people, Amy, do
you have anybody else here that -- Jerry or however you want to handle it?
MS. PATTERSON: If it's okay with you, we're going to jump to Coastal Zone, Category C.
CHAIRMAN STRAIN: Sure, that's fine. Gary's is always simple, I hope.
MR. McALPIN: I'm Gary McAlpin with Coastal Zone Management, and I'll answer any questions you
have about Category C.
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CHAIRMAN STRAIN: I like that. That's a good approach. Anybody have questions about Coastal
Zone Management?
(No response.)
CHAIRMAN STRAIN: Could never make it as complicated as that, Gary. Thank you.
MR. McALPIN: Thank you.
CHAIRMAN STRAIN: Is there -- how about -- oh, Corby?
MR. SCHMIDT: Yeah. Commissioners, before we move on further, I wanted to mention that
inconsistency between two different charts in the stormwater section, just -- it's in the background. It's not a
major issue, but staff will be taking care of it between your version and the Board's version.
CHAIRMAN STRAIN: Okay.
COMMISSIONER FRYER: That's the one you wanted to see if we caught?
CHAIRMAN STRAIN: We just got into -- I was just going to -- I thought we'd go to stormwater next if
Amy's --
MR. SCHMIDT: I've got the ribbon right here. Did anybody notice it?
CHAIRMAN STRAIN: All right.
COMMISSIONER FRYER: Hiding of Easter eggs.
MS. PATTERSON: Good evening, again. Amy Patterson.
I'm here for questions on stormwater. I also have members of stormwater team here with me.
CHAIRMAN STRAIN: Anybody have any questions on stormwater? Joe?
COMMISSIONER SCHMITT: The AUIR doesn't get into anything, I couldn't find it -- regarding
stormwater utility. That's still being debated, but there's no forecasting or funding forecasting for that program
yet.
MS. PATTERSON: The stormwater utility concept has been put on hold indefinitely.
COMMISSIONER SCHMITT: Okay. So in regards to that, then, are funds being allocated from the
General Fund or other sources to attack some of the areas that are in definite needs of improvement for
stormwater to come into compliance with the water-quality issues?
MS. PATTERSON: Yes. So --
COMMISSIONER SCHMITT: Naples Park and some other areas.
MS. PATTERSON: So it's a two-pronged approach. In FY2020 -- well, after we -- the Board
considered the stormwater utility proposal for a second time this winter, they decided to put additional funding
into the maintenance side of stormwater to get after some of the issues as described throughout the county, which
was discussed in great detail during the stormwater utility conversations.
We are -- the Board's desire is to move towards an industry standard for stormwater maintenance. And
so there's additional funding that's been allocated to the maintenance side of the house.
On the capital side of the house, there was a little bit of additional funding that was put into the capital
program with the intent to consider options for debt funding in the future as a larger package of debt, potentially,
in the future. So we are maintaining our cash-and-carry position right now on the capital side of the house,
moving projects forward but looking at some different scenarios for financing those, because there's quite a bit of
work through several master plans in the upcoming years. And the Board will -- we'll look at different ways that
they can fund those.
COMMISSIONER SCHMITT: And the follow-on, other areas where they're already existing permits
through special districts, CDDs, and others where they have their own water quality or water management, and it's
funded through CDDs, you don't have any visibility on any of that from the county, all the different special
districts that have their stormwater.
MS. PATTERSON: (No verbal response.)
COMMISSIONER SCHMITT: Does the county -- and probably a question for Jerry, and maybe his
staff. But is the county monitoring stormwater performance of systems as designed, especially outfalls?
MS. PATTERSON: I can let Jerry answer that question. But that falls to the Water Management
District within private communities or compliance with the permit, but if Jerry wants to add to that.
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COMMISSIONER SCHMITT: Well, I know for a fact that Water Management District isn't funded nor
are the -- is the U.S. Army Corps of Engineers funded for follow-on. I'm just wondering if the county is looking
at it. I know we looked at an ordinance, and I'm hoping there's some money that was earmarked for that
ordinance that we looked at earlier this year.
MR. KURTZ: As far as specific monitoring of stormwater discharges, we had that going on in our Lely
Area Stormwater Improvement Program area. So we have a water-quality monitoring program there, principally
the main three outfalls: Treviso Bay Isles of Collier, over there.
And then the second one that we monitor regularly is the Freedom Park discharges of stormwater
Freedom Park system. Those are principally the two systems that we're currently monitoring, as well Pollution
Control has a pretty extensive surface-water monitoring program.
COMMISSIONER SCHMITT: Pollution Control still works for you.
MR. KURTZ: Amy, yep.
COMMISSIONER SCHMITT: I just have one other question. I'll come back to it. I just lost it.
CHAIRMAN STRAIN: That's one of the things --
COMMISSIONER SCHMITT: Yeah, I know it. You get to be 70 years old, it gets pretty tough, you
know I mean?
CHAIRMAN STRAIN: Anybody else have any stormwater? Karl?
COMMISSIONER FRY: Hey, Jerry.
MR. KURTZ: Hello.
COMMISSIONER FRY: A question about stormwater management in the Estates areas. And I'm sure
that -- I noticed on Page 44 you have a chart, a colored chart, and then you have a list of about 21 stormwater
improvement projects that equated to that. I'm sure you get a lot of requests, my neighborhood being one, where
water or stormwater flow is impeded down the swales through Estates-type neighborhoods by culverts that are old
and are higher than the current standard.
And I'm -- I guess I'm wondering, how do these projects make the list? How are they prioritized? And
what is the prognosis for all those hundreds of streets in the Estates where we do have flow issues because of
culverts and swale issues?
MR. KURTZ: Most of the projects listed there are the capital projects, the ones that we need design
consultants to help us, more an improvement project.
In the Estates is something that would need permitting and things of that nature. In the Estates
rehabilitating the roadside swales and the roadside system is more of a maintenance activity, and, you know, not
necessarily needs permits. You just need a plan to go in and go through whole sections of the Estates slowly but
surely and deal with the culverts that are too high or too small and that sort of thing, and that's our -- road
maintenance group, Road Maintenance Department's working on that. And we'll be developing a more
wide-reaching plan to attack that in a logical manner.
But, historically, street by street there always has been a digging effort, a clearing effort, a mowing effort
in those roadside systems.
COMMISSIONER FRY: Is that considered -- all those Estates-type streets, is that considered a major
issue, or is it just a minor issue when you consider the whole stormwater picture?
MR. KURTZ: My opinion, and I think the opinion of the program, is it's more of a minor. And, I mean,
I don't want to discount it. It's a major maintenance chore, burden, and event, but the system works pretty well in
the Estates; just because the density's lower, there's a lot of room.
And, for example, if we had every ditch cleaned out super clean, we then have concerns about speeding
up the delivery of the water into the primary system.
So a lot of the things in that system that may not be highlighted to everybody is that, you know, a slow,
more trickling flow in those ditches and seeing those ditches full in the summertime pretty regularly, almost daily,
it's not necessarily a bad thing, and it doesn't necessarily indicate a problem.
Those roadside systems, the function really serves three things. Of course, conveyance, but capturing
and holding as well where you get that water-quality treatment. And, you know, the low-impact development
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techniques and movement is still pretty -- going on pretty strong, and that's literally the collection, hold, and
treatment of the water at the source where the runoff is being generated, and that actually occurs very well in all
of the Estates, really.
COMMISSIONER FRY: Okay. So it would be safe to say that that's not going to rise to the level of
being a major capital project at any time in the future?
MR. KURTZ: Not a major capital project unless, you know, one particular street is identified where all
the culverts are wrong.
COMMISSIONER FRY: Right.
MR. KURTZ: You know, that gets to be more -- the magnitude of that could be -- cost-wise and
construction-wise could be bigger, but it's a major maintenance effort, for sure, but it's something that, you know,
you put on a schedule and just -- like, you'd cover the whole county. Say, in X number of years every ditch
would get dug on a ditch cycle, and that's what we're doing right now. With a little bit more funding, we should
have a little bit more robust effort in that regard.
COMMISSIONER FRY: Thank you.
I know Commissioner Schmitt had something to ask.
COMMISSIONER SCHMITT: I was going to ask about the rehydration of Picayune Strand, but that's
stormwater. Gary's gone. Is that in your funding purview as well, or that's a long-term project?
MS. PATTERSON: It is.
COMMISSIONER SCHMITT: Oh, there's Gary. I see him back there now. Is that being foreclosed
for funding?
MR. McALPIN: No, because what we're looking at this point in time is to have that funded, the balance
of the project that hasn't been funded, to be funded by Pot No. 2 with the -- out of the BP oil spill funding.
So we're looking to -- we have $18 million right now. The balance of that is we are looking to have that
funded by Pot 2, which is the consortium. We have some agreements with Department of Transportation in
Tallahassee, that they have set some money aside for us, and we'll work through that. And then if it needs to be
funded, if there's a balance needed to be funded, then we'll talk about the general revenue funds.
COMMISSIONER SCHMITT: So you're still moving forward then.
MR. McALPIN: Absolutely.
COMMISSIONER SCHMITT: Okay. Amy, the stormwater, in lieu of a countywide maintenance fee,
are you looking at the possibility of a basin by basin MSTBU of some sort? If you recall, many years ago when
we looked at the Naples Park situation, of course, we went to the residents, and they overwhelmingly opposed it.
Of course, they wanted the county to pay for it. But none of that's being considered. You're still just doing it on
a basis of countywide through additional funds that are allocated for maintenance then?
MS. PATTERSON: That is correct.
COMMISSIONER SCHMITT: Okay.
MS. PATTERSON: And just a note on the RESTORE project, we do -- in future fiscal years, are
anticipating at least some offsetting dollars into the stormwater program for Mr. McAlpin's project for the county
portion.
COMMISSIONER SCHMITT: Yeah. Are we -- do we have any violation out there right now for water
quality?
MS. PATTERSON: On the Picayune?
COMMISSIONER SCHMITT: Any of the outfalls. I noticed -- I believe the City of Naples was --
COMMISSIONER FRYER: Yes.
COMMISSIONER SCHMITT: -- hit with a water quality, but I don't believe there was anything in the
county that was cited.
MS. PATTERSON: Well, 33 percent of the water bodies in Collier County are impaired, but we don't
have any BMAPs right now.
COMMISSIONER SCHMITT: Right. Okay.
MS. PATTERSON: And Pollution Control section is working hard with DEP and others to be sure that
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we keep it that way for as long as possible.
COMMISSIONER SCHMITT: Okay.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: Thank you, Amy. Was that the last of your department?
MS. PATTERSON: Yes, but I'll be around for anything with the impact fees for the rest of the sections,
but my folks are gone.
CHAIRMAN STRAIN: Thank you very much.
MS. PATTERSON: Thank you very much.
CHAIRMAN STRAIN: Those that are left -- Barry, you've probably got two -- or at least a couple items
we maybe have questions on, and we can let you go home. You've got all the parks?
COMMISSIONER SCHMITT: What page is Barry?
CHAIRMAN STRAIN: And the library you're doing tonight?
MR. WILLIAMS: Yes. Good evening, Barry Williams, Parks and Recreation director.
And so, certainly if the Commission has any questions, I'm here to answer them.
CHAIRMAN STRAIN: Barry's got both the regional community parks and the libraries. So does
anybody have any questions?
COMMISSIONER SCHMITT: Just based on Corby's introduction for the golf course, Golden Gate Golf
Course, I didn't see anything in there as far as forecasting of what you guys are going to do with it, and I just
didn't know if it was in the funding forecast.
MR. WILLIAMS: No. Good question, Joe.
And so with the golf course, we did include it as regional park acreage. It's 167 acres acquired.
There is a process that the Board is pursuing in terms of doing some master planning of the site. The
whole purpose of the purchase of the property was to look at some possibilities for some of the surtax projects and
to convert a portion of the golf course that way.
We have had some interest, as you're aware, public interest as well as far as a public golf course. And so
one of the things that we're doing is working with First Tee and KOVA Management. KOVA is actually mowing
the grass out there now. But the Board will consider the possibilities of, on a short-term basis, perhaps,
re-opening the course until the long-term plan is determined.
There are a lot of possibilities with that. And Davidson Engineering is going to be doing the strategi c
master plan for that project. And so as we gather public input on the project and see what the possibilities are,
certainly we want to make available the portion that's set aside for the surtax projects, but the remaining land
we're going to look at that as well in terms of what we possibly could do.
COMMISSIONER SCHMITT: Will there be a full pro forma done as far as users' fees paying for the
service, or do you think it will be subsidized with county tax dollars?
MR. WILLIAMS: Well, I think that's part of our understanding of the Board's concern about getting into
the golf course business, especially in this area, whether, you know, you could cover your expenses. We have
peers in Florida that operate golf courses. Some operate -- West Palm Beach, for example, or Palm Beach
County, rather, they do a pretty decent job.
A lot of the counties, though, that own and operate municipal courses, they are subsidized. They don't
pay for themselves. And so, absolutely, to your question, in terms of the Board analyzing the potential of a golf
course, we do understand that they would look closely at the numbers and whether it made sense financially.
COMMISSIONER SCHMITT: Okay. Manatee Park, where are we with that?
MR. WILLIAMS: Manatee Park is a 60-acre parcel right off 951.
COMMISSIONER SCHMITT: I'm looking for it on the sheet.
MR. WILLIAMS: It currently is used -- it's a vacant piece of land that's used by a local club that flies
model airplanes. The park itself, the lands were considered for affordable housing in the last year or so. The
Board chose not to pursue affordable housing at that location.
The park -- we don't have any particular plans in the future. It is in the park's master plan for
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development. We have gotten some input primarily from Fiddler's Creek about developing that park into a
passive park. We've got some good ideas for that, but we don't have plans in the near future to develop it.
COMMISSIONER SCHMITT: Okay.
CHAIRMAN STRAIN: Anybody else? Parks or libraries?
MR. SCHMIDT: Libraries is a separate presenter.
CHAIRMAN STRAIN: Oh, is it? Barry, I thought that was under you. I'm sorry.
MR. SCHMIDT: No, sir. I think Tanya Williams is here.
CHAIRMAN STRAIN: Oh, I don't know why I would think that.
COMMISSIONER FRY: Barry, nice to see you again. It's been a long time. Barry helped us with the
Oaks Estates neighborhood park.
MR. WILLIAMS: Yes, thank you.
COMMISSIONER FRY: We were -- Joe brought up the Golden Gate Golf Course. I guess there are
two other items on Page 150. I was just wondering what's going on with the Collier County Sports Complex.
How's that developing? And then the Vanderbilt Beach access, what is that?
MR. WILLIAMS: Well, the sports complex is under construction. The first phase of that is anticipated
to be delivered spring -- late spring, early summer. The first phase includes five athletic fields. The cool thing
about it, it's artificially turfed. That's a tremendous thing for us in Florida. You know, when you have grass,
you've got to keep people off of it to re-grow it. With artificial turf, you can play every day. You can play in
the weather, as long as it's not lightning. So that first phase is going to get delivered.
They'll be working on the second or third phase of that project in subsequent years. Final buildout you're
looking probably 2022/'23.
COMMISSIONER FRY: When was the first phase?
MR. WILLIAMS: First phase is going to be delivered May/June of '20.
COMMISSIONER SCHMITT: On time and within budget.
COMMISSIONER FRY: Budget.
COMMISSIONER SCHMITT: Sure.
MR. WILLIAMS: Absolutely.
COMMISSIONER FRY: Joe certifies that.
MR. WILLIAMS: The Vanderbilt Beach access, that's just an addition that we have. We have some
access points along Gulf Shore Boulevard. We realized in our review of the AUIR that they hadn't been included
in the inventory, so we are adding those at this time.
COMMISSIONER FRY: Okay.
CHAIRMAN STRAIN: Thank you, Barry.
MR. WILLIAMS: Thank you.
CHAIRMAN STRAIN: How about libraries? I got her mixed up. For some reason I thought libraries
was --
MS. WILLIAMS: Barry and I have been working closely this last fiscal year, so we're good.
For the record, Tanya Williams, library director.
Just a few things I did want to bring to your attention that were changes to this year's AUIR that you may
not have -- that were not part of prior years.
We did make an adjustment in the available square footage for libraries. We had to reduce that by 7,000
square feet. The old Golden Gate library, at one point in time we were anticipating reclaiming some of that
space. That has not happened. None of the 7,000 square feet from the old building is being utilized for library
services, so we removed that from our building capacity square footage.
That will now show you -- that actually now shows us as reaching a deficit by Fiscal Year 2028. So
that's the first time you'll see a deficit in your library square footage in a very long time.
The other thing that -- that's the major thing that I wanted to draw your attention to. I am available for
questions if you have any questions you'd like to ask.
CHAIRMAN STRAIN: Joe?
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COMMISSIONER SCHMITT: My compliments to the library. When I --
MS. WILLIAMS: Thank you.
COMMISSIONER SCHMITT: My wife, I tell her to get online and say, why don't you ask the library to
get this book, when I just finished, and you guys get it within -- as soon as it comes out. And it's filling all my
free time when I'm not reading 10,000 pages for the Planning Commission.
MS. WILLIAMS: Awesome. We like to hear that.
CHAIRMAN STRAIN: Good luck with that.
Ned?
COMMISSIONER FRYER: What percentage of your visitors, people who come to the library, are there
to access hard copy material versus electronic material?
COMMISSIONER SCHMITT: Oh, that's a good question.
MS. WILLIAMS: That's a very good question. I can -- I can best answer that based on our circulation
statistics. So you're looking at now we're averaging anywhere from 35 to 37 percent of our circulation is through
e-resources.
COMMISSIONER FRYER: Thank you.
MS. WILLIAMS: And that number continues to rise.
COMMISSIONER FRYER: Thanks.
CHAIRMAN STRAIN: Okay. Anybody else?
(No response.)
CHAIRMAN STRAIN: Thank you, ma'am. Appreciate it.
MS. WILLIAMS: Thank you.
CHAIRMAN STRAIN: Is there any other department personnel here on a specific department we
haven't already talked about?
CHIEF BUTCHER: EMS.
CHAIRMAN STRAIN: Oh, hi. You don't look like Dan Summers. That's good.
CHIEF BUTCHER: No, I'm not.
CHAIRMAN STRAIN: He's usually the one that I think brings -- talks to us, or somebody does.
CHIEF BUTCHER: It's usually me. Tabatha Butcher, chief of Collier County EMS.
So our AUIR for this year is pretty consistent as far as the growth units that are projected that you've seen
in the past couple of years.
We do have three units planned within the next few years. One of them is for the growth that is going on
out east. We have a word to the Land Trust to acquire five acres at the DeSoto Boulevard and Golden Gate
Boulevard, so we're currently working on the finalization of that purchase of that property.
After that we are looking at Immokalee Road and Collier Boulevard, and then we're looking at Old 41
after that. All of these stations that we do have projected, we have been in discussion with the fire departments
as well as law enforcement personnel to make sure that we're collocating in those facilities.
And that's pretty much it as far as our growth units that are planned. You will see in this year's AUIR
that we did have $6 million that was set aside from the surtax money to fund some of those EMS stations. That
was strictly for the building. That did not include the ambulance or the equipment that goes along with that.
So with that, if you have any questions, I'll be happy to answer them.
CHAIRMAN STRAIN: Joe.
COMMISSIONER SCHMITT: I noted that you still show Fiddler's Creek. Is that just a proposed, or is
that actually moving forward? That's on 41.
CHIEF BUTCHER: Sure. Right now that is just a proposed station. Since we have -- when that
facility or that development came on, there was discussion about setting aside the property for an EMS facility.
COMMISSIONER SCHMITT: I know the property's still set aside.
CHIEF BUTCHER: Yes.
COMMISSIONER SCHMITT: But that would be just an EMS. There's no fire station proposed.
CHIEF BUTCHER: Potentially. So what we do with the fire districts is when each of us have a unit
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that is planned, you know, the county has property, the fire districts have property. We get together, and we talk
about what we have coming up in the future. And we look and say, okay, should we locate on the county
property or should we locate on the fire district property? What's the better for the two of us?
So depending how that goes -- I do know Greater Naples has some property at Lakes Park and 41, which
is just a little bit further east. So as we get closer to that, that will be discussions that we have with them on what
piece of property that we locate on.
COMMISSIONER SCHMITT: Okay.
CHAIRMAN STRAIN: Anybody else? Ned?
COMMISSIONER FRYER: Hi, Chief.
CHIEF BUTCHER: Hi. How are you?
COMMISSIONER FRYER: Good.
The Chief and I have ongoing conversations about issues that arise in EMS, and the department does an
excellent job with the resources given and are to be commended. All departments really are, but I just have a
special level of knowledge detail with EMS, and so I wanted to say thanks to Chief Butcher and all her people
who are great.
There are some challenges. And at some point I think the Board of County Commissioners and others
are going to have to make some difficult choices that are going to be necessary in order to continue to provide the
excellent service that is currently being provided to the residents of Collier County.
We at the Emergency Medical Authority look at -- on a monthly basis we look at the statistics for
response times and divide it into the urban and the rural part of the county, which is roughly Collier Boulevard.
CHIEF BUTCHER: Correct.
COMMISSIONER FRYER: And the target to be hit for ALS, let's say, is eight minutes or less
90 percent of the time in the urban and 12 minutes or less in the rural. And those are -- those are proven to be
very aggressive if not elusive goals to achieve. And the department does everything that it possibly can to get
those numbers as good as they can.
But without additional resources, it's difficult for me to see how we're ever going to get to the point where
the department can perform as well as I know it could perform if it had those resources.
I'd hate to see the LOS be reduced, but that's one option that the BCC would have in front of it to say,
well, we just can't on a regular basis achieve eight minutes and 12 minutes. And so rather than fall short -- we
don't fall short in every district, every zone, but we do in enough of them that it's worth being concerned about.
One way of resolving or remediating that problem would be to lower our level of service and say, well,
nine minutes and 13 minutes should be the targets that we could achieve 90 percent of the time, and then our
statistics would look better. But I think Chief Butcher agrees with me that that's not what anybody really wants
to do in the county. We'd like to get those numbers lower rather than higher.
And so at some point I think more dollars are going to have to be committed to EMS which, as everybody
knows, is a money-losing operation annually. It's not something that if we increase volume we could make it up
in volume. You can't do that with losses.
So what is needed, I think, is more money, more stations, and more personnel. When DeSoto
opens -- and DeSoto's probably going to be the first of the new ones to open, my guess is is its capacity is going to
be completely absorbed by Rivergrass and Rivergrass' siblings. They're going to bring in thousands of potential
patients. And so I would be surprised if, as a result of the addition of that DeSoto station, those numbers are
going to get appreciably better. We're going to have to wait for the other stations that we hope can be brought
online sooner rather than later.
And, Chief, would you maybe comment upon my comments? And if there's a way that you could be
more reassuring than I've been, I know everyone would like to hear that.
CHIEF BUTCHER: Okay. Sure. So Mr. Fryer is correct, we have had those conversations. And if
you take a look at Page 222 in your packet under our ALS resources, this is the response times that he's referring
to.
So we're -- you know, we meet the 90 percent in many of our zones; however, if you look at the
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nine-minute, we're pretty much hitting it in every zone. So we're kind of between that eight- and nine-minute.
One of the challenges that we've noticed that we're having is a lot of the zones that we have ambulances,
or like the geographical areas within the county that we have ambulances, they can get to, say, the neighborhood
that they're responding to within quite a -- you know, a couple minutes. Some of the challenges we're having is
these gated communities. It takes us quite a while to get through them, especially if the address is way in t he
back. So that's some of the challenges that we've noticed.
We have hired a consultant that's currently working on a report to take a look at our current geographical
zone where ambulances are located and how we add ambulances in the future. So that will be done within a
month or so. So definitely next year coming back to this AUIR based on what they have given us, we'll be able
to say, okay, this is what we think we should add. It may not be a station with an ambulance, but it may be
12-hour ambulances, or it may be vehicles that do not necessarily transport to the hospital but that can get on
scene and provide care in a timely manner.
So next year it may look a little bit different when we have this conversation again.
COMMISSIONER FRYER: Chief, you should also comment upon -- well, I won't ask her to brag. I'll
brag for her. She and her staff have done a great job in jawboning the issue with the hospitals of reducing the
offload time, which has been a real success story.
When I first went on the Emergency Medical Authority, I took a look at those numbers. And in the
experience that I've had in the city of St. Louis where we were serving teaching hospitals, we just -- you know,
having to wait -- having to have a paramedic wait in the emergency room to give care over to nurses and have to
wait for sometimes an hour or even an hour and a half keeps that ambulance off the street and reduces the services
capacity to take care of the residents.
But those numbers have really improved particularly this year. And so kudos to you, and, of course, to
the hospitals as well. Because we can ask them all afternoon, but then they have to be responsive, and they have
been responsive by adding on resources.
And as you probably know, emergency rooms are not profit centers for hospitals. So you could
understand from a business standpoint why they don't want to add staff to emergency rooms and, therefore, there
is a built-in conflict, if you will, between our needs and their desires.
The other thing I want to say that Chief Butcher and her people have brought about is we're getting a new
EMS helicopter. And you may not know this, but there are no trauma centers in Collier County. And so if you,
as a patient, are involved in a severe, let's say, motor vehicle accident or other instance where you really need to
get into the operating room within what's called the golden hour, it can't really be done using the hospital facilities
in Collier County. So having a good robust helicopter system, our MedFlight, to get patients to Lee County or to
Miami-Dade or Broward County is essential in order to get the care for those very, very seriously injured patients.
And so I think it's wonderful that we're getting a new helicopter. That's good stuff.
CHAIRMAN STRAIN: Anybody else have any questions of EMS?
(No response.)
CHAIRMAN STRAIN: Okay. Miss, thank you.
CHIEF BUTCHER: Thank you.
COMMISSIONER FRYER: Thanks, Chief.
CHAIRMAN STRAIN: Corby, the remaining ones are law enforcement and government buildings. Is
anybody here to take care of those, or are you going to add -- we just ask you any questions? I can't recognize
people.
COMMISSIONER SCHMITT: I don't see anybody.
MR. SCHMIDT: Not seeing familiar faces.
CHAIRMAN STRAIN: Okay. Does anybody have any questions that we need to ask of those items?
COMMISSIONER FRYER: I just have one comment.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER FRYER: And it's in the nature of a compliment to the Sheriff's Office. I just think
these statistics -- in 2003 there were 3,000 instances of crime per 100,000, and that's been cut in half in 2018.
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And I think our Sheriff's Office is to be congratulated for doing an amazing job.
CHAIRMAN STRAIN: Anybody else?
MR. SCHMIDT: We share that.
CHAIRMAN STRAIN: Questions? Go ahead, Karl.
COMMISSIONER FRY: Yes, Mark. I just noticed on Page 173 of our packet that the jail facilities are
ahead of the game for this year but then they move into a deficit status starting next year, and they -- it seems to
get worse and worse as we go. The blue line is higher than the red line pretty much for the rest of time. I was
just wondering if there's any plan to catch up with the number of jail beds that are needed, if I'm reading that
correctly.
MR. SCHMIDT: You are reading it correctly. And the study is underway to close that gap by the time
we reach it, so to speak.
COMMISSIONER FRY: Thank you.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: Corby, that brings us to the end. Do you have any -- other than that, we'll
just -- ask for a motion, and that's about all you need at this point?
MR. SCHMIDT: Just a reminder to include all five points of the recommendations in your record --
CHAIRMAN STRAIN: Does anybody want to make a motion to recommend to the Board of County
Commissioners a recommendation as outlined by staff on the recommendation page, which is Page 9 of their
report? Is that where you're going?
COMMISSIONER SCHMITT: Yeah. I was going to -- I closed my system down, but I make a motion
that we forward this AUIR to the Board of County Commissioners for their final approval.
COMMISSIONER FRYER: Second.
CHAIRMAN STRAIN: Motion made and seconded consistent with the recommendation --
COMMISSIONER SCHMITT: Consistent with the --
CHAIRMAN STRAIN: -- of staff.
COMMISSIONER SCHMITT: -- recommendation. Thank you.
CHAIRMAN STRAIN: All those in favor, signify by saying aye.
COMMISSIONER FRY: Aye.
COMMISSIONER FRYER: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER SCHMITT: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
And that takes us to the most difficult part of our agenda tonight -- well, public comment. There's not
really any public here.
Motion to adjourn?
COMMISSIONER FRYER: So moved.
COMMISSIONER FRY: Second.
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER FRY: Aye.
COMMISSIONER FRYER: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER SCHMITT: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
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CHAIRMAN STRAIN: We're out of here.
*******
There being no further business for the good of the County, the meeting was adjourned by order of the
Chair at 6:40 p.m.
COLLIER COUNTY PLANNING COMMISSION
_____________________________________
MARK STRAIN, CHAIRMAN
These minutes approved by the Board on ____________, as presented _______ or as corrected ________.
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC.,
BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC.
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11/21/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.1
Item Summary: PUDA-PL20190000502: An Ordinance of the Board of County Commissioners
of Collier County, Florida amending Ordinance No. 91-53, as amended, the Audubon Country Club
Planned Unit Development by allowing an additional 4,400 square feet of commercial development for
the expansion of the furniture store up to 65,000 square feet located in Tract Y of the Audubon
Commercial Center Subdivision; by amending Sections 2.06 and 6.13 to reflect the change in square feet,
and providing an effective date. The subject PUD, consisting of 754.75± acres, is located on the west side
of US 41 extending westward across Vanderbilt Beach Drive to little Hickory Bay, in Sections 5, 7, 8
And 9, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn, AICP,
Principal Planner]
Meeting Date: 11/21/2019
Prepared by:
Title: – Zoning
Name: Tim Finn
10/28/2019 12:25 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
10/28/2019 12:25 PM
Approved By:
Review:
Zoning Ray Bellows Review Item Completed 10/28/2019 6:17 PM
Zoning Camden Smith Review Item Completed 10/29/2019 1:26 PM
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 11/05/2019 3:07 PM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 11/06/2019 11:16 AM
Growth Management Department James C French Review Item Completed 11/07/2019 4:59 PM
Zoning Ray Bellows Review Item Completed 11/13/2019 10:17 AM
Planning Commission Mark Strain Meeting Pending 11/21/2019 9:00 AM
9.A.1
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Growth Management Department
Zoning Division
C O N S I S T E N C Y R E V I E W M E M O R A N D U M
To: Timothy Finn, AICP, Principal Planner
Zoning Services Section
From: Corby Schmidt, AICP, Principal Planner
Comprehensive Planning Section, Zoning Division
Date: July 22, 2019
Subject: Future Land Use Element (FLUE) Consistency Review of Proposed Planned Unit
Development Amendment
PETITION NUMBER: PL20190000502 [REV 2]
PETITION NAME: Audubon Country Club Planned Unit Development Amendment (PUDA)
REQUEST: To amend the Audubon Country Club Planned Unit Development (PUD), PUD document, to
increase the allowable commercial square footage from 124,000 to 128,400, with the limit allowed for
the specific “furniture store” use increasing from 60,000 to 65,000 sq. ft. on “Tract Y”.
LOCATION: The ±4.2-acre subject property – part of the 12.4-acre “Commercial Retail Center” (CR)
component of the PUD, is located at 15485 Tamiami Trail N., and which is on the west side of Tamimi
Trail N., approximately one-quarter mile south of Audubon Blvd./Sterling Oaks Blvd., in Section 9,
Township 48 South, Range 25 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban – Mixed Use
District, Urban Residential Subdistrict, as identified on the Future Land Use Map (FLUM) in the Future
Land Use Element (FLUE) of the Growth Management Plan. This District “is intended to accommodate
a variety of residential and non-residential land uses, including mixed-use developments such as
Planned Unit Developments.”
The changes proposed herein will allow changes to the existing commercial building, with the
conversion of non-commercial floor area to commercial floor area. The proposed project does not
involve changes to exterior space or the overall size or shape of the building.
The subject property’s FLUM designation is also identified on consistent by policy maps, and deemed
“consistent by policy”, thus is subject to FLUE Policy 5.3, which states:
All rezonings must be consistent with this Growth Management Plan. For properties that are zoned
inconsistent with the Future Land Use Designation Description Section but have nonetheless been
determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through
5.13, the following provisions apply:
a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning
district is the same or a lower intensity commercial zoning district as the existing district, and [if the
first criterion is met, then also] provided the overall intensity of commercial land use allowed by the
existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district.
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The foregoing notwithstanding, such commercial properties may be approved for the addition of
residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in
overall intensity may result. A zoning change of such commercial-zoned properties to a residential
zoning district is allowed as provided for in the Density Rating System of this Future Land Use
Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay.
b. [if the first criterion is met, then also, the] Overall intensity of development shall be determined based
upon a comparison of public facility impacts as allowed by the existing zoning district and the
proposed zoning district.*
While the same intensity zoning is involved with this PUD amendment per Policy 5.3.a., GMP-based
issues may exist with the proposal per FLUE Policy 5.3.b. Application materials address the overall
intensity of development based upon a comparison of public facility impacts in the Narrative Statement,
as follows:
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Traffic and trip generation: the existing 124,000 sq. ft. “shopping center” generates 5,915 trips; if the
expansion is applied apples-to-apples, the expanded store in the 128,400 sq. ft. “shopping center” would
generate 6,124 trips – and per FLUE Policy 5.3.b., could not be approved without a GMP amendment.
However the applicant’s analysis separates the two different land uses (that have different trip
characteristics) to compare impacts. Alone, the expanded 65,000 sq. ft. store generates 5,915 trips –
fewer than if left categorized as shopping center. The remaining shopping center square footage trip
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generation figure is constant, but less of it. When taken together then, the 2 land uses generate 3,928
trips – a decrease to this public facility impact.
Water consumption: the existing 124,000 sq. ft. “shopping center” is permitted an average daily flow of
12,400 gpd. When separating the 2 land uses (as above), the applicant’s analysis results with an
estimated average daily flow of 6,940 gpd – again, a decrease to this public facility impact.
Solid waste: the applicant’s analysis explains how the additional floor space is to be used for showroom
area, and [will] not generate a significant amount of solid waste – a logical explanation.
In summary, the petitioner’s analysis demonstrates the proposed PUDA to increase commercial square
feet could be found consistent with FLUE Policy 5.3.
FLUE Policy 5.6 requires new development to be compatible with, and complementary to, surrounding
land uses, as set forth in the Land Development Code. Comprehensive Planning staff leaves this
determination to the Zoning Services staff as part of their review of the petition in its entirety. However,
the compatibility analysis is encouraged to be comprehensive and include a review of both the subject
property and surrounding or nearby properties regarding allowed use intensities and densities,
development standards (building heights, setbacks, landscape buffers, etc.), building mass, building
location and orientation, architectural features, amount and type of open space and location, traffic
generation/attraction, etc.
The County recognizes Smart Growth policies and practices in its consideration of future land use
arrangements and choice-making options. FLUE Objective 7 and Policies 7.1 through 7.4 promote Smart
Growth policies for new development and redevelopment projects pertaining to access,
interconnections, open space, and walkable communities.
Given the nature of this petition and the minor changes proposed (no changes in permitted uses,
densities, or intensities), staff is of the opinion that a re-evaluation of FLUE policies under Objective 7
(pertaining to access, interconnections, walkability, etc.) is not necessary. These policies were evaluated
during staff’s consistency review of the Audubon Country Club Planned Unit Development Amendment
(PUDA) petition, approved June 25, 1991.
CONCLUSION:
Based upon the above analysis, this proposed PUDA may be deemed consistent with the FLUE.
cc: Ray Bellows, Zoning Manager, Zoning Services Section
David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section
Michael Bosi, AICP, Director, Zoning Division
G: Comp\Consistency Reviews\2019
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DATE: August 16, 2019
TO: Timothy Finn, AICP, Principal Planner
Collier County – Growth Management Department: Zoning Division
FROM: Kenrick S. Gallander, AICP
Director of Planning
RWA Engineering
PROJECT NAME: Audubon Country Club PUDA – Baer’s Furniture Expansion
(PL20190000502)
SUBJECT: Neighborhood Information Meeting – Summary
A Neighborhood Information Meeting (NIM) was held on August 7, 2019, at 5:30 pm at Grow Church, 15300
Tamiami Trail North, Naples, FL 34110
Attendees are as follows:
• Kenrick Gallander, Director of Planning – RWA Engineering: Applicant’s Agent
• Jane Eichhorn, Permitting Manager – RWA Engineering
• Timothy Finn, Principal Planner – Collier County
• Angela Goodner – Collier County: County Commissioner’s Office District #2
• Tom McIvor – Summit Management Group
• John Meehan – Audubon CC Foundation
• James Beattie – Devon Green Audubon
• Joseph Monetti – Devon Green Audubon
MEMORANDUM
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Summary (Started at 5:30 pm):
Mr. Gallander began the meeting introducing himself and providing an overview of the presentation. He explained
the background of the subject property detailing the location and relationship to the surrounding area as well as
the existing development on the property. He further detailed that this parcel is part of the Audubon Country
Club Planned Unit Development. Part of the Planned Unit Development is a Commercial Retail Tract and platted
with “Tracts X, Y, and Z”, to support the PUD’s allowable commercial/retail uses. Mr. Gallander further explained
the total allowable commercial square footage for this PUD within the commercial retail tract is 124,000 and
currently development with a total square footage of 123,400.
From there, Mr. Gallander detailed the request of the applicant, which is to expand the existing 60,000 square
foot furniture store on Tract Y of the overall Commercial Retail Tract by 5,000 square feet. With the existing
124,000 square foot limit and to allow for the more commercial area of 5,000 square feet, requires an amendment
to the Planned Unit Development. Mr. Gallander explained that the proposed expansion will be within the existing
building footprint as it is above the first floor of the furniture store. There is no expansion beyond the exterior
walls.
Then Mr. Gallander concluded that based on the findings and professional opinion, the proposed amendment to
allow for an additional 5,000 square feet of commercial area is appropriate for this Commercial Retail Tract as it
is consisted with the Growth Management Plan, land development code, and the public infrastructure exists to
support the expansion. In closing, Mr. Gallander explained at what stage the application was in the review process
and the next major steps will be hearings before the Planning Commission and Board of County Commissioners.
Mr. Gallander then opened the floor for questions/comments/input from those in attendance.
Questions/Comments asked or offered at the meeting:
Q/C: Is the space empty currently?
A: Mr. Gallander responded by showing on the presentation aerial and photo exhibits that the proposed
expansion area is open area and not currently enclosed.
Q/C: Is this petition going to change the use?
A: Mr. Gallander informed them that no, the commercial furniture store use will stay and the space will
be likely used for either showroom or administrative support area for the store.
Q/C: What is the existing space?
A: Mr. Gallander explained the existing space is an open area.
Q/C: Is the open area in the front or back of the building?
A: Mr. Gallander further explained through the aerial photo presentation exhibits the orientation of the
front of the building and the rear. This helped to show the area for expansion is located at the back of
the building over the first floor.
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Q/C: They certainly want the store to stay open and don’t want a big empty store. They are happy with
the furniture store and it employs a lot of people and want it to be successful.
Q/C: Is there anything you can do about the noise behind the building? We live right behind the building
and some days it is very loud.
A: Mr. Gallander explained that through this application for amending the PUD for commercial uses is
beyond the scope of being able to address the deliveries and activities currently occurring and allowed to
occur at the commercial uses, he would relay the comment/concern to the owner.
Q/C: Will the neighbors be notified for the Public Hearings?
A: Yes.
Q/C: Will the furniture store get two floors of use after this addition.
A: Mr. Gallander explained that there is currently an existing second floor/mezzanine area. The expansion
area will further add to this second-floor area.
Q/C: When will the construction start?
A: To the best of his knowledge, Mr. Gallander indicated that once the zoning petition is approved, the
applicant will need to submit for a Site Development Plan Amendment. That process will take
approximately 8-10 months to approve at most. Construction would happen sometime after the SDPA
approval.
Q/C: The sooner the construction the better.
Q/C: Can you ask the owner if the dumpster pickup can be a little later in the morning. Like around
9:00am? It’s too early.
A: Mr. Gallander stated that he would certainly pose that request to the owner.
Q/C: We don’t want the store to close. It is a positive to our community.
Since there were no further questions or comments, Mr. Gallander thanked everyone, and he concluded the
meeting.
No commitments were made during the meeting.
The meeting adjourned around 6:00 p.m.
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6610 Willow Park Drive, Suite 200, Naples, FL 34109 (O) 239-597-0575 (F) 597-0578
July 17, 2019
Subject: Neighborhood Information Meeting
Audubon Country Club Planned Unit Development Amendment (PUDA) Application –
Baer’s Furniture Expansion
(PL20190000502)
15485 Tamiami Trail N, Naples, FL 34110
Dear Property Owner:
Please be advised that a formal application has been submitted to Collier County seeking approval of a
request to amend the Audubon Country Club Planned Unit Development (PUD).
The subject property is located on a 4.2+/- acre single parcel of land (Property ID No.: 22493000080)
located south of the Audubon Blvd., and Tamiami Trail, N, intersection. This property is more specifically
designated as Tract “Y” of the Audubon Commercial Center Plat, which is part of the Audubon Country
Club PUD’s Commercial Retail Center (CR).
The Petitioner is asking the County to approve an amendment request that will increase the stated
maximum square footage of allowable commercial area from 124,000 square feet to 128,400 square feet
within the Audubon Country Club PUD’s Commercial Retail Center (CR) area. This revision along with 600
square feet of unused commercial area will allow for a proposed 5,000 SF expansion to the existing 60,000
SF commercial furniture store (Baer’s Furniture) located on TRACT Y within the CR area of the PUD.
In compliance with the Administrative Code for Land Development requirements, a Neighborhood
Information Meeting will be held to provide you an opportunity to become fully aware of the intended
development and to give you an opportunity to ask questions and provide input. The Neighborhood
Information Meeting will be held on Wednesday, August 7, 2019 at 5:30 pm. The meeting will be held at
the Grow Church, 15300 Tamiami Trail North, Naples, FL 34110.
Should you have questions prior to the meeting, please contact me.
Sincerely,
RWA, Inc.
Kenrick S. Gallander, AICP
Director of Planning
KSG/jee
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Project Location
15485 Tamiami Trail N, Naples
Folio #: 22493000080
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1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO
92 PARTNERS LLC 9015 STRADA STELL COURT SUITE 102 NAPLES, FL 34109---0 78544980045
92 PARTNERS LLC 9015 STRADA STELL COURT SUITE 102 NAPLES, FL 34109---0 78544980090
ABRAMS, BURT J & FERN B 15271 DEVON GREEN LN NAPLES, FL 34110---7953 29855001206
ALL SEASONS IN NAPLES LLC 31731 NORTHWESTERN HWY # 250W FARMINGTON HILLS, MI 48334---1668 00142600009
ANDERSON, DANA L 15275 GREEN LANE NAPLES, FL 34110---0 29855001251
AUDUBON COUNTRY CLUB FOUNDATION INC 15725 TAMIAMI TRL N NAPLES, FL 34110---6246 22495501008
AUDUBON COUNTRY CLUB ASSOC INC 625 AUDUBON BLVD NAPLES, FL 34110---7939 22495500106
BABCOCK, KATHERINE P 15268 DEVON GREEN LN NAPLES, FL 34110---7952 29855000553
BAER'S FURNITURE CO INC 1589 NW 12TH AVE POMPANO BEACH, FL 33069---1730 22493000080
BEATTIE, JAMES T & SUSAN H 15264 DEVON GREEN LN NAPLES, FL 34110---0 29855000605
BRAUN, JOHN M & FAITH J 15256 DEVON GREEN LN NAPLES, FL 34110---7952 29855000702
CALDWELL, NICHOLS W & ARLENE L 15255 DEVON GREEN LN NAPLES, FL 34110---0 29855001002
CC-NAPLES INC CLASSIC BENTLEY VILLAGE % PO BOX 2196 CHICAGO, IL 60690---0 00143040008
CHRISTUS VICTOR LUTHERAN CH PO BOX 867 BONITA SPRINGS, FL 34133---867 00142640001
DANIEL T TOUW REVOCABLE TRUST 15276 DEVON GREEN LANE NAPLES, FL 34110---0 29855000456
DAVEY, ANN M 212 AARON SMITH DR BRIDGEPORT, WV 26330---0 29855000757
DEVON GREEN AT AUDUBON RESIDENTS ASSCOIATION INC % JACK P CITTADINE ESQ 15284 DEVON GREEN LN NAPLES, FL 34110---7952 29855000058
HARRISON TR, C RICHARD UTD 12/29/92 15279 DEVON GREEN LN NAPLES, FL 34110---7953 29855001303
JANICE F WAGNER TRUST 15259 DEVON GREEN LANE NAPLES, FL 34110---7953 29855001057
KANE FURNITURE CORPORATION 5700 70TH AVE N PINELLAS PARK, FL 33781---4238 78544980029
KERN, B SCOTT & AMY C 5362 WOLF ROAD ERIE, PA 16505---0 29855001154
LAND TRUST NO 12-02 1500 5TH AVE SOUTH #111 NAPLES, FL 34102---0 22493000048
LAWSON TR, MARTHA G UTD 2/2/96 15280 DEVON GREEN LN NAPLES, FL 34110---7952 29855000401
LCCN HOLDINGS INC 15300 N TAMIAMI TRAIL NAPLES, FL 34110---0 00143000006
MC HUGH, SUSAN H 15247 DEVON GREEN LN NAPLES, FL 34110---7953 29855000906
MORETTI, JOSEPH 15260 DEVON GREEN LN NAPLES, FL 34110---0 29855000650
PATRICIA C FRECHETTE REV TRUST 1886 SEVILLE BLVD UNIT 1621 NAPLES, FL 34109---3355 29855000951
PRESLEY TRUST 422-35 BOARDWALK DR TORONTO M4L 3Y8 CANADA 29855000854
REFERENCE ONLY TWO LAKES A COMMERCIAL CONDOMINIUM 00142760004
REICHERT, CAROLYN R 15248 DEVON GREEN LANE NAPLES, FL 34110---0 29855000809
RICHARD A SEDLAK REV TRUST 5729 LAKE BRIAR DR MILLSTADT, IL 62250---0 29855000508
STANGLMEIER, BERND 15263 DEVON GREEN LN NAPLES, FL 34110---7953 29855001109
SUMMIT CHURCH INC 9210 ESTERO PARK COMMONS BLVD UNIT 9 ESTERO, FL 33928---0 78544980142
TIITF /ST OF FL 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 00142960008
US41 INVESTMENT HOLDING CO LLC 2 BLOOR STREET WEST STE 2602 TORONTO M4W 3E2 CANADA 22493000129
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data.
The recipient may not transfer this data to others without consent from the CCPA.
Petition: PL20190000502 | Buffer: 500' | Date: 7/9/2019 | Site Location: 22493000080
POList_500_PL20190000502
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May 13, 2019
Gilbert Martinez
Principal Planner, Zoning Services
Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
Subject: Baer’s Furniture – Naples Expansion PUD Amendment (PUDA) Application
(PL#: 20190000502) – Submittal 1
RWA PN#: 040009.00.02
Mr. Martinez:
Pursuant to the pre-application meeting held on March 11, 2019, RWA, Inc. is pleased to submit, on behalf
of our client, this Amendment to PUD (PUDA) Application for property located at 15485 Tamiami Trl., N,
Naples, FL 34104 (Property ID No.: 22493000080)
As part of this cover letter, please see the attached Narrative Statement as well as the following items
included pursuant to the application Submittal Requirement checklist and subsequent guidance provided
by staff:
1. Cover letter with attached Narrative Statement;
2. Amendment to PUD (PUDA) Application;
3. Pre-Application Meeting Notes;
4. Affidavit of Authorization, signed and notarized;
5. Property Ownership Disclosure Form;
6. Covenant of Unified Control, signed and notarized;
7. Completed Addressing Checklist;
8. Warranty Deed;
9. List of Owners and all parties of corporation;
10. Boundary Survey – S&S; Not required per email dated 4/24/2019 (See attached).
11. Architectural Renderings; N/A - No changes to the primary façade.
12. Current Aerial Photograph with project boundary and FLUCFCS Codes if vegetated;
13. Statement of Utility Provisions including City of Naples Statement of Avail. Capacity letter; N/A
14. Native Vegetation Preserve Map and Site Plan for Environmental Data Requirement; Not required
per email dated 3/26/2019 (See attached).
15. Traffic Impact Study - A Trip Generation Comparison Memorandum is provided in lieu of a Traffic
Impact Study.
16. One (1) electronic copy of all required documents (Uploaded to Portal);
17. One (1) copy of the Completed List of Exhibits with Exhibits; N/A – PUD Ordinance 91-53 was
prepared and approved prior to the now required Exhibits A – B as outlined below. Due to the
simplicity of the application request and amendments to the PUD Ordinance text does not
necessitate the creation of Exhibits A – B.
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a. Exhibit A: List of Permitted Uses;
b. Exhibit B: Development Standards;
c. Exhibit C: Conceptual Master Plan;
d. Exhibit D: Legal Description;
e. Exhibit E: List of Requested LDC Deviations and Justifications; and
f. Exhibit F: List of Development Commitments;
18. Requested Deviations with Justifications: N/A as no deviations requested.
19. Conceptual Master Plan in 24” x 36” format and 8 ½” x 11” format; Not required per Pre-
Application Meeting Notes.
20. One (1) fee receipt in the amount of $ 7,855.00 for PUD Rezone, Comprehensive
Planning Consistency Review, Environmental fees and Legal Advertising Fees.
21. Revised PUD Document Text Revised (Clean Version)
22. Revised PUD Document Text Revised (Strike-Thru Version)
23. Official Interpretation and/or Zoning Verification Letter.
We look forward to your review and are available to answer questions related to this application.
Sincerely,
RWA, Inc.
Kenrick S. Gallander, AICP
Director of Planning
Attachments: Narrative Statement
Application Submittal Requirements (listed above)
Email dated 4/24/2019
Email dated 3/26/2019
cc: Mr. Larry Baer
Mr. Richard Yovanovich, Esq.
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NARRATIVE STATEMENT
Audubon Country Club PUDA – Baer’s Furniture Expansion
The subject property is located on a 4.2+/- acre single parcel of land (Property ID No.: 22493000080) located south
of the Audubon Blvd., and Tamiami Trl., N, intersection (See Figure 1.). The subject property is also designated as
Tract “Y” of the Audubon Commercial Center Plat, as recorded in Plat Book 34 Pages 16 through 17 of the Public
Records of Collier County, Florida, which is part of the Commercial Retail Center (CR) area provided on Exhibit “A”,
Master Development Plan, per Ordinance No. 91-53. The specific address is 15485 Tamiami Trl., N, Naples, FL
34104. The owner of the subject property and applicant for this Planned Unit Development Amendment (PUDA)
is Baer’s Furniture Co., Inc. The subject property is developed with a 60,000 SF retail furniture store and by
reference is an “infill parcel” per Land Development Code Section 4.07.02.A.2 as it surrounded by at least two
common boundaries that are developed and overall located in a heavily developed commercial and light industrial
area of Collier County. The Future Land Use Designation is Urban (Urban – Mixed Use District; Urban Residential
Subdistrict) as provided on the Future Land Use Map of the Collier County Growth Management Plan (GMP). The
current zoning district is Planned Unit Development (PUD), Audubon Country Club.
Figure 1. Subject Property Location Map
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As stated previously, the subject property, Tract “Y”, is developed with a furniture store, which is a permitted use
category per Section 6.02 Permitted Uses and Structure of the Audubon Country Club PUD, Commercial Retail
Center (CR). The development was originally approved under Collier County Site Plan No. SDP-98-165 and
subsequently recognized as part of the commercial development within the CR area through SDP-99-168, SDPA
2001-AR-1076, and SDPA-2003-AR-3861 approvals.
The Audubon Country Club PUD, Commercial Retail Center (CR), which encompasses Tracts, X, Y, and Z, is
approved for a maximum of 124,000 SF of commercial retail floor area. Based on an analysis of the approved site
development plans on record with Collier County, the built out commercial area is 123,400 SF. The breakdown of
this determination is provided in the following table and consistent with the best site plan development data
contained within Collier County ZLTR-PL20180000656 Zoning Verification Letter dated March 28, 2018:
BUILDING/ADDRESS/TRACT LATEST APPROVED
SITE PLAN NO.
EXISTING FLOOR AREA SQUARE FOOTAGE (SF)
PER LATEST APPROVED SITE PLAN
Building #1 - Baer’s
Furniture/15485 Tamiami
TRL N/Tract Y
Building #2 - Shopping
Center/15495 Tamiami TRL
N/ SW Portion of Tract Z
Building #3 – Outparcel/
15505 Tamiami TRL N/NE
Portion of Tract Z
Building #4 - Outparcel/
15465 Tamiami TRL N/
Tract X
SDPA-2003-AR-3861
Building #1 = 60,000 SF
Buildings #2 and #3= 55,770 SF
(#2: 45,000 SF + #3: 10,770 SF = 55,770 SF)
Bldg. #4 = 7,630 SF
TOTAL: 123,400 SF
Based on the existing built out floor area of 123,400 SF, the proposed Amendment to a Planned Unit Development
(PUDA) application request seeks to revise the current 124,000 SF maximum of commercial retail floor area within
the designated Commercial Retail Center (CR) area on the Audubon County Club PUD Master Development Plan
Ord. No. 91-53 by an additional 5,000 SF for a total maximum of 128,400 SF. This revision will then allow for a
proposed improvement of a 5,000 SF expansion to the existing 60,000 SF commercial furniture store located on
TRACT Y within the CR area of the PUD. The PUD has been revised to require that development within Tract “Y”
of the Audubon Commercial Center Plat, as recorded in Plat Book 34 Pages 16 through 17 of the Public Records of
Collier County, Florida, which is part of the Commercial Retail Center (CR) area designated on Exhibit “A”, Master
Development Plan, shall be limited to 60,000 SF of shopping center uses or 65,000 SF of furniture store use.
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The following narrative and attached materials/documentation will further address the applicable criteria as
outlined in accordance with LDC subsection 10.02.13.B.a-h.
a. The suitability of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities.
The subject property, Tract “Y”, is currently developed as a “Furniture store” consistent with the permitted uses
outlined in the approved Audubon County Club PUD and constructed under the approved SDP-98-165. Tract “Y”
is part of the designated CR Area of the PUD which is developed with a variety of complimentary commercial retail
uses supporting this area. To the north of the subject property is the Shoppes at Audubon Shopping Center
consisting of a various retail, professional, and medical services commercial uses. South of the property is a stand-
alone commercial retail building. Across Tamiami Trl., N to the east is a church and group care/continuing care
facility. West of the subject property is designated open space/conservation area and the Audubon Country Club
golf course, which are integrated use areas as part of the approved PUD. See Table 1 below.
Table 1
Surrounding Area Analysis
Future Land Use District Zoning District Existing Uses
NORTH Urban – Mixed Use PUD - Commercial: Shopping center
SOUTH Urban – Mixed Use PUD Commercial: Retail (Outdoor
furniture/living)
EAST Urban – Mixed Use
Agriculture (A):
Exceptions CU, P.U.C. and
V; CPUD
Public right-of-way; Church; Group
care facility/Continuing Care
WEST Urban – Mixed Use PUD
Commercial: Self storage
warehousing; Offices; Services;
and Retail
The property is located along Tamiami Trl., N, a designated Major Arterial roadway. Access from Tamiami Trl., N
to the subject property is provided by multiple access points to the north and south. These existing access points
are to remain and will not be altered or impacted by the additional 5,000 SF of furniture store floor area. A trip
generation comparison memorandum is included as part of the application submittal to determine if the existing
uses on site in addition to the proposed additional 5,000 SF of furniture store would generate more vehicle trips
that what could be approved for in Ordinance No. 91-53. The trip generation comparison analysis concluded that,
“As indicated by the trip generation comparison in Table 4, Ordinance No. 91-53 approved the
Commercial Retail Center (CR) tract of the PUD for significantly more vehicle trips than what is
currently constructed on this tract with addition of the proposed Baer’s Furniture Store
expansion (5,000 square feet). Therefore, no further transportation analysis is required for the
proposed PUD Amendment as a result of the proposed Baer’s Furniture Store expansion. Should
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the existing furniture space be modified and/or replaced by a more intense use in the future,
another trip generation study or a TIS will be required to be completed.”
Drainage on the property is managed by the existing stormwater system as designed and constructed consistent
with the approved SDP (SDP-98-165) for the current use. There is no increase of impervious surface area with the
5,000 SF expansion as the expansion area will be located above the existing first floor of the building.
Public utilities and community facilities/services are currently provided to the property and the existing
commercial furniture store.
Based on the above outlined factors of an existing commercial furniture store as part of an existing and
constructed commercial retail area and other surrounding commercial and compatible uses; existing access points
to the commercial uses; existing drainage; and existing public utilities and services, the proposed expansion of the
existing 60,000 SF retail furniture store by 5,000 SF as a result of the PUDA to allow for 128,400 SF of commercial
in the PUD is appropriate and suitable for the surrounding area.
b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other
instruments, or for amendments in those proposed, particularly as they may relate to arrangements or
provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to
be provided or maintained at public expense. Findings and recommendations of this type shall be made only
after consultation with the county attorney.
The subject property is under unified control by the owner/applicant, Baer’s Furniture Co., Inc., as indicated by
the Collier County Property Appraiser’s Office Property Card. This information is consistent with the provided
Warranty Deed, Property Ownership Disclosure Form, and supporting documentation from the Florida Division of
Corporations. The existing PUD documents make appropriate provisions and commitments for the continued and
future operation and maintenance of the development.
c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan.
(This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and
fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.)
As stated previously, the subject property is located within the Urban Future Land Use Designation and the Urban
– Mixed Use District; Urban Residential Subdistrict as provided on the Future Land Use Map of the Collier County
Growth Management Plan (GMP). The Urban designation per the GMP is outlined to plan for and permit a wide
range of land uses from residential to non-residential uses. The existing commercial uses and the proposed
expansion of 5,000 SF commercial area within the existing furniture store as part of the approved Commercial
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Retail Center (CR) area of the Audubon Country Club PUD is consistent with the intent of the Urban FLU
designation of permitting non-residential uses.
The Urban - Mixed Use District under the Urban FLU Designation encourages a mix of residential and non-
residential land uses with Planned Unit Developments (PUD) as stated under Section I.A. of the GMP. The
approved and existing Audubon Country Club PUD provides for a mix of residential and non-residential uses and
thus is consistent with the intent of the Urban – Mixed Use District.
The Urban Residential Subdistrict’s purpose is to allow for higher densities in a select area of the County that is
not impacted by “natural resource constraints” and in areas that provide existing or planned public facilities.
Additional density is not being sought as part of this petition, thus, there will be no impact to the maximum density
of 16 dwelling units per acre.
FLUE Policy 5.3 states, “All rezonings must be consistent with this Growth Management Plan. For properties that
are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been
determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the
following provisions apply:”
a. For such commercially-zoned properties, zoning changes will be allowed provided the new
zoning district is the same or a lower intensity commercial zoning district as the existing zoning
district, and provided the overall intensity of commercial land use allowed by the existing
zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The
foregoing notwithstanding, such commercial properties may be approved for the addition of
residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase
in overall intensity may result. A zoning change of such commercial-zoned properties to a
residential zoning district is allowed as provided for in the Density Rating System of this Future
Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment
Overlay.
e. Overall intensity of development shall be determined based upon a comparison of public facility
impacts as allowed by the existing zoning district and the proposed zoning district.
To be found consistent with the with Policy 5.3 and the stated provisions above, the following background
information and a comparison analysis is provided:
Traffic:
Based on Ordinance No. 91-53, Section VI, Subsection 6.02.A, a variety of commercial uses are listed that
are permitted within the Commercial Retail Center (CR) of the PUD. Of the commercial uses listed, the
“Shopping centers” use is specifically identified as being permitted within the Commercial Retail Center
(CR) area and will be utilized for the following traffic impact analysis associated with this petition.
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The project’s trip generation is based on the Institute of Transportation Engineer’s (ITE) report, titled Trip
Generation Manual, 10th Edition as well as the ITE Trip Generation Handbook, 3rd Edition. The following
tables are derived from the data tables provided within the TR Transportation Consultants, Inc.’s Trip
Generation Comparison Memorandum dated April 22, 2019, as included with the petition submittal.
Table 2 provides the trip generation for a high intensity use, “Shopping centers,” that may be developed
by-right under Ordinance No. 91-53.
Table 2
Trip Generation (Permitted Retail - Shopping Centers Use per Ord. No. 91-53)
Weekday AM Peak Hour
(Net Trips)
Weekday PM Peak Hour
(Net Trips)
Daily
(2-way) Land Use –
Land Use Code (LUC)
Size In Out Total In Out Total
Approved
Commercial:
-Retail/Shopping
Center (LUC 820):
124,000 SF
Maximum
per Ord. No.
91-53
106
54
160
227
252
479
5,915
Table 3 provides the trip generation for the proposed development conditions that would allow for
128,400 SF maximum floor area of Commercial Uses that consist of existing Retail at 63,400 SF and the
expansion of the existing Furniture Store to 65,000 SF.
Table 3
Trip Generation (Proposed 128,400 SF Maximum Commercial Use)
Weekday AM Peak Hour
(Net Trips)
Weekday PM Peak Hour
(Net Trips)
Daily
(2-way)
Land Use Size In Out Total In Out Total
Commercial:
-Retail/Shopping
Center (LUC 820):
-Furniture Store
(LUC 890):
TOTAL:
63,400 SF
65,000 SF
(Max: 128,400 SF)
98
48
146
145
162
307
3,928
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Table 4 provides the estimated net new traffic volume as compared between the proposed increase of
commercial use area to a maximum of 128,400 SF Commercial Uses that consist of existing Retail at 63,400
SF and the expansion of the existing Furniture Store to 65,000 SF (Table 3) and the selected Shopping
Centers commercial use (Table 2) that is permitted by-right under Ordinance No. 91-53.
Table 4
Trip Generation (Estimated Net New Traffic Impact)
Weekday AM Peak Hour
(Net Trips)
Weekday PM Peak Hour
(Net Trips)
Daily
(2-way)
Land Use Size In Out Total In Out Total
Approved
Commercial:
-Retail/Shopping
Center (LUC 820):
124,000 SF
106
54
160
227
252
479
5,915
Existing &
Proposed
Commercial:
-Retail/Shopping
Center (LUC 820):
-Furniture Store
(LUC 890):
TOTAL:
63,400 SF
65,000 SF
(Max: 128,400 SF)
98
48
146
145
162
307
3,928
Total
Increase/
(Decrease)
Net Trips:
(8)
(6)
(14)
(82)
(90)
(172)
(1,987)
Based on the date provided above in Table 4, the proposed expansion to 128,400 SF of commercial
development consisting of 63,400 SF of Retail/Shopping Center and 65,000 SF of Furniture Store within
the Audubon Country Club PUD is no more intensive than a maximum 124,000 SF Shopping Center use
that could be approved under Ordinance No. 91.53. Thus, the proposed amendment to increase the
maximum commercial development area for the Audubon Country Club PUD is deemed less of an intense
impact on the transportation network than what could be permitted and is consistent with Policy 5.3.
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Potable Water and Sanitary Sewer:
The subject property is currently served via a 2” meter connected to the existing 16” water main within
the Tamiami Trl., right-of-way and an 8” sewer gravity main located within the property. Per the analysis
outlined in Table 5 below, the proposed project does not impact the water consumption usage when
comparing a 124,000 square foot “Shopping center” permitted by-right use per Ord. No. 91.53 to the
proposed 128,400 SF Commercial Retail use sought under this petition.
Table 5
Water Consumption Analysis Comparison
Land Use Type Applicable Factors:
• Floor Area
• No. of Bathrooms
Estimated Sewage Flows
Usage demand rate
gallons per day (gpd) per
FAC 64E-6
Average Daily
Flow (gpd)
Existing permitted by
Ord. No. 91-53 -
Shopping Center:
124,000 SF
0.1 gpd
Total: 12,400 gpd
-Shopping Center:
-Store, Furniture:
Total:
63,400 SF
3 Bathrooms
0.1 gpd
200 gpd per bathroom
6,340 gpd
600 gpd
6,940 gpd
Solid Waste
The proposed additional 5,000 square feet of furniture store area is not anticipated to significantly impact
the solid waste level of service beyond that which is provided today servicing 123,400 square feet of
overall commercial uses. The 5,000 square feet of added floor area for the furniture store is to be utilized
for additional show room area and thus is not intended to generate a significant amount of solid waste
that would negatively impact the health, safety and welfare of the public.
Policy 5.6 of the GMP states, “New developments shall be compatible with, and complementary to, the
surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and
effective October 18, 2004, as amended).” The proposed development of expanding an existing 60,000 SF
commercial furniture use by 5,000 SF based on the proposed increased maximum commercial development area
for the approved Audubon County Club PUD’s designated CR Area by 5,000 SF is compatible both internally and
externally to the surrounding land uses. The 5,000 SF furniture store expansion will be constructed above the
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existing ground/first floor of the furniture store. There will be no alternation to the existing site, thus, not
impacting open space areas, buffers, and other site designs components. Again, the subject property, Tract “Y”,
is part of the approved Audubon County Club PUD’s designated CR Area, which is developed with a variety of
complimentary and compatible commercial retail uses supporting this area. To the north of the subject property
is the Shoppes at Audubon Shopping Center consisting of a various retail, professional, and medical services
commercial uses. South of the property is a stand-alone commercial retail building. Across Tamiami Trl., N to the
east is a church and group care/continuing care facility. West of the subject property is designated open
space/conservation area and the Audubon Country Club golf course, which are integrated use areas as part of the
approved PUD to ensure compatibility between the approved designated CR Area and eastern portions of the
PUD. Based on the factors outlined above, the proposed development of expanding an existing 60,000 SF
commercial furniture use by 5,000 SF associated with the proposed increased maximum commercial development
area for the approved Audubon County Club PUD’s designated CR Area is consistent with Policy 5.6 of the GMP.
The 5,000 SF expansion of an existing 60,000 SF commercial furniture store is consistent with Future Land Use
Element (FLUE) Objective 7 associated with “smart growth policies,” desire to “reduce greenhouse gas emissions,”
and a focus for future development to “adhere to the existing development character” of Collier County “when
applicable.” Consistency with Objective 7 is provided by the existing Audubon Country Club PUD’s development
conditions through sidewalk interconnectivity between commercial uses as well as onto the public right-of-way.
The existing accessways are consistent with Policy 7.1 through connection the subject property to Tamiami Trail.
Existing cross access is provided throughout the Commercial Retail (CR) area and access to the local roadways into
the Audubon development, which is consistent with Policy 7.2 and 7.3.
d. The internal and external compatibility of proposed uses, which conditions may include restrictions on
location of improvements, restrictions on design, and buffering and screening requirements.
The proposed development of expanding an existing 60,000 SF commercial furniture use by 5,000 SF is compatible
both internally and externally to the surrounding land uses. The 5,000 SF expansion will be constructed above the
existing ground/first floor of the furniture store. There will be no alternation to the existing site, thus, not
impacting open space areas, buffers, and other site designs components. The subject property, Tract “Y”, is part
of the approved Audubon County Club PUD’s designated CR Area, which is developed with a variety of
complimentary and compatible commercial retail uses supporting this area. To the north of the subject property
is the Shoppes at Audubon Shopping Center consisting of a various retail, professional, and medical services
commercial uses. South of the property is a stand-alone commercial retail building. Across Tamiami Trl., N to the
east is a church and group care/continuing care facility. West of the subject property is designated open
space/conservation area and the Audubon Country Club golf course, which are integrated use areas as part of the
approved PUD to ensure compatibility between the approved designated CR Area and eastern portions of the
PUD.
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e. The adequacy of usable open space areas in existence and as proposed to serve the development.
The proposed development of expanding the existing commercial use (60,000 SF furniture store) located on
TRACT Y within the CR area of the PUD by 5,000 SF will not impact the site. The 5,000 SF expansion is above the
existing ground/1st floor of the existing furniture store. No existing usable open space will be impacted by the
proposed development as a result of the PUDA approval.
f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements
and facilities, both public and private.
Public and private improvements and facilities are currently available to the subject property based on the fact of
the existing operational commercial development on site. Roadway capacity remains available.
Drainage/stormwater management is currently provided on the site and no increase of impervious area will be
created with the proposed 5,000 SF expansion. Overall, the proposed 5,000 SF expansion to the existing
commercial furniture store use will not require additional public or private improvements.
g. The ability of the subject property and of surrounding areas to accommodate expansion.
As outlined previously, the subject property and surrounding area is devoted to supporting and accommodating
a variety of commercial uses. The proposed 5,000 SF expansion of the existing commercial furniture store is
compatible with and consistent with the continued uses on the subject property and surrounding area.
Additionally, the proposed expansion is above the existing ground/1st floor of the existing furniture store, thus it
will not impact the existing site conditions.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case,
based on determination that such modifications of justified as meeting public purpo ses to a degree at least
equivalent to literal application of such regulations.
The proposed development of expanding the existing commercial retail furniture store by 5,000 SF remains
consistent with the overall intent of the PUD regulations by adhering to those development standards as originally
established under Ordinance No. 91-053 and any subsequent amendment approvals. The Development Standards
as currently approved for the PUD are not to be amended under this petition. Based on previous approvals, the
standards were found to be consistent with similar planned development in the vicinity and throughout Collier
County and not found to adversely impact the public’s health, safety and welfare.
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LEGAL DESCRIPTION
Audubon Country Club PUDA – Bear’s Furniture Expansion
Property ID Number: 22493000080
(PER OFFICIAL RECORDS BOOK 2542, PAGES 3477-3479 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA)
ALSO BEING THE SAME AS TRACT Y OF AUDUBON COMMERCIAL CENTER, PLAT BOOK 34,
PAGES 16 THROUGH 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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Pre-App PL20190000502 Baer’s Furniture (PUDA) – xxxxx, agent; Gilbert Martinez, planner.
CORBY (in abstentia)
Monday, March 11, 2019 10:30 AM - 11:30 AM. Conf. Rm. C.
Requested by: Kenrick Gallander of RWA, Inc.
Phone: (239) 597-0575; Email: Kgallander@consult-rwa.com
Representing: XXXXX [per PAO GIS, owner: Baer’s Furniture Company, Inc.]
Folio #: 22493000080; Zoning: PUD, Audubon Country Club – commercial tract
Location: 15485 Tamiami Trail N; W. side of US 41, ¼ mile S. of Lee County line, in 9-48-25
Project Description: Amend PUD to allow 5,000 SF expansion of existing 60,000 SF Baer’s furniture
store. PUD limits commercial to 124,000 SF. [4.2 acres.]
Existing Application Name: (site is developed with a furniture store). Only the “Tract Y” with the
furniture store is part of this proposal.* The proposed expansion is internal to existing building space,
and does not involve construction of a building addition [but as a conversion of an atrium to
showroom sales space]. The PUD is commercially “built-out” and this conversion of space is a
substantial change.
POST PRE-APP COMMENTS: FLUM designation is Urban Residential Subdistrict; also, identified on
consistent by policy maps & deemed “consistent by policy” ‒ so subject to FLUE Policy 5.3:
All rezonings must be consistent with this Growth Management Plan. For properties that are zoned
inconsistent with the Future Land Use Designation Description Section but have nonetheless been
determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through
5.13, the following provisions apply:
a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning
district is the same or a lower intensity commercial zoning district as the existing distri ct, and [if
the first criterion is met, then also] provided the overall intensity of commercial land use allowed
by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning
district. The foregoing notwithstanding, such commercial properties may be approved for the
addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though
an increase in overall intensity may result. A zoning change of such commercial-zoned properties
to a residential zoning district is allowed as provided for in the Density Rating System of this
Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment
Overlay.
b. [if the first criterion is met, then also, the] Overall intensity of development shall be determined
based upon a comparison of public facility impacts as allowed by the existing zoning district and
the proposed zoning district.*
While the same intensity zoning is involved with this amendment per Policy 5.3.a., Comp Planning
issues may exist with the proposal per Policy 5.3.b. Any higher overall intensity of development
based upon a comparison of public facility impacts will trigger need for GMPA.
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* Note: Compliance with FLUE Policy 5.3.b will require involving all the component “tracts” or parts of
the PUD (contributing to the overall intensity of the commercial development.
It is recommended that the applicant/agent team work with staff (prior to formal application) to
discuss compliance with Policy 5.3 in their approach.
Agent is to address:
• Compliance with the FLUE/FLUM (Urban Residential Subdistrict);
• Compliance with FLUE Objective 5 and its applicable policies, esp. s/s 5.3, 5.6 (GMP
consistency clause; LDC compatibility & complementary clause); and,
• Compliance with FLUE Objective 7 and its applicable policies 7.1 through 7.4 (Toward Better
Places – Community Character Plan).
The assigned Planner was not in attendance, and these post- pre-application meeting notes were
prepared from preparation materials and meeting notes of others in attendance.
Formal GMPA pre-app meeting was not held and GMPA pre-app fee was not paid. Therefore, full
GMPA petition fee due at time of submittal (small scale - $9,000; large scale - $16,700; both subject
to public notice costs).
\\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Comprehensive\PRE-APP. meeting notes\pre-app docs¬es 2019\Pre-App
PL20190000502 Baer's mtg notes_drft.docx
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CFO, Vice President, Treasurer
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Ira J. Baer, CFO, Vice President of
Baer's Furniture Co., Inc.
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Department of State / Division of Corporations / Search Records / Detail By Document Number /
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Detail by Entity Name
Florida Profit Corporation
BAER'S FURNITURE CO., INC.
Filing Information
330784
59-1212401
06/03/1968
FL
ACTIVE
CORPORATE MERGER
03/30/2018
NONE
Principal Address
1589 NORTHWEST 12TH AVENUE
POMPANO BEACH, FL 33069
Changed: 03/12/1992
Mailing Address
1589 NORTHWEST 12TH AVENUE
POMPANO BEACH, FL 33069
Changed: 03/12/1992
Registered Agent Name & Address
BAER, JEROME I
1589 NW 12TH AVE
POMPANO, FL 33069
Name Changed: 01/10/2003
Address Changed: 01/10/2003
Officer/Director Detail
Name & Address
Title VP, COO
BAER, RONALD W
1589 NW 12TH AVE
POMPANO, FL 33069
D C Florida Department of State
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Title CFO, VP, Treasurer
BAER, IRA J
1589 NW 12TH AVE
POMPANO, FL 33069
Title VP
BAER, LAURANCE
1589 NW 12TH AVE
POMPANO, FL 33069
Title CEO, President
BAER, JEROME I
1589 NW 12TH AVE
POMPANO, FL 33069
Title S, VP
HAUBENSTOCK, CATHERINE
1589 NW 12TH AVE
POMPANO, FL 33069
Title Chairman, Asst. Treasurer
BAER, ROBERT M
1589 NW 12TH AVENUE
POMPANO BEACH, FL 33069
Title VC
BAER, ALLAN E
1589 NW 12TH AVENUE
POMPANO BEACH, FL 33069
Title VP
BAER, DAVID J
1589 NORTHWEST 12TH AVENUE
POMPANO BEACH, FL 33069
Title VP
BAER, DANIELLE A
1589 NORTHWEST 12TH AVENUE
POMPANO BEACH, FL 33069
Annual Reports
Report Year Filed Date
2016 01/20/2016
2017 01/10/2017
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Packet Pg. 135 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
2017 01/10/2017
2018 03/29/2018
Document Images
03/30/2018 -- Merger View image in PDF format
03/29/2018 -- ANNUAL REPORT View image in PDF format
01/10/2017 -- ANNUAL REPORT View image in PDF format
06/23/2016 -- AMENDED ANNUAL REPORT View image in PDF format
01/20/2016 -- ANNUAL REPORT View image in PDF format
01/06/2015 -- ANNUAL REPORT View image in PDF format
01/16/2014 -- ANNUAL REPORT View image in PDF format
02/18/2013 -- ANNUAL REPORT View image in PDF format
01/31/2012 -- ANNUAL REPORT View image in PDF format
03/14/2011 -- ANNUAL REPORT View image in PDF format
01/13/2010 -- ANNUAL REPORT View image in PDF format
03/03/2009 -- ANNUAL REPORT View image in PDF format
01/04/2008 -- ANNUAL REPORT View image in PDF format
08/16/2007 -- ANNUAL REPORT View image in PDF format
01/22/2007 -- ANNUAL REPORT View image in PDF format
06/30/2006 -- ANNUAL REPORT View image in PDF format
01/07/2005 -- ANNUAL REPORT View image in PDF format
03/23/2004 -- ANNUAL REPORT View image in PDF format
01/10/2003 -- ANNUAL REPORT View image in PDF format
04/10/2002 -- ANNUAL REPORT View image in PDF format
01/04/2001 -- ANNUAL REPORT View image in PDF format
01/19/2000 -- ANNUAL REPORT View image in PDF format
02/23/1999 -- ANNUAL REPORT View image in PDF format
04/07/1998 -- ANNUAL REPORT View image in PDF format
12/19/1997 -- Amendment View image in PDF format
05/13/1997 -- ANNUAL REPORT View image in PDF format
05/01/1996 -- ANNUAL REPORT View image in PDF format
01/18/1995 -- ANNUAL REPORT View image in PDF format
Florida Department of State, Division of Corporations
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SPECIAL WARRANTY DEED
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THIS INDENTURE, made this 21 day of Afa_t l 1999. between Raymond
Q ~ sa.yek., a Tnutec of Trust A&reellltDt No. 87-12. (the .. Grantor"'). and Baer's Furnitut~
~ ~ Co., lac., 11 Flotlla tOrpo.J?tiOD. whose: mailing address is '~ l:58q N~A\JE ., fbNI'AI\JQ .!!;t«,H 1 FL 330<€9 (the: "Grantee").
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WITNESSETH: That the said Grantor, for and in consideration of the sum of TE"'
DOLLARS ($ J 0.00) and other valuable r.onsidcration to Grantor in hand paid by Grantee, the
receipt whereof is hereby acknowledged. hereby grants, bargains, and sells to the said Grantee.
Grantee's heirs, successors and assigns forever, the following described land, situate and being in
tM County of Collier, State of Florida. to wit:
Lud ~ted in aad eompriliag 1 portioa of Tract C, Auduboa Couatry Club, Uait
OM, acconllag to tbe plat recorded at Plat Book 15, Paps 30 tbrougb 35, illc:lu•iv•e,
of the hb!k Reeonls of Collier Coaaty, Florid•, u described oa Exhibit "A" ud.e
• part ureor.
Property ID Number
SUBJECT TO conditions. limitations. restrictions, reservations and easements of reco1d
which are common to the subdivision in which the property is located and taxes for the year 19<19
lnd subsequent years.
SUBJECT ft.TRTHER TO the &&:rms and conditions and casements set forth in the
Decllration of Covenants. easements and restrictions executed by Grantor concurrently herewith
and to be recorded immediately prior to this deed and reservins the easements therein declared 10
the Grantor.
AND the said Grantor does hereby ~ially warrant the title to said land, and will defend
the same against the lawful claims against the Grantor. but not against any other persor.'.S
whomsoever. The Trustee is not personally liable hereunder and is only liable hereunder to the
exteot oftbe assets of the TNSt of which be is Trustee. ~
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OR: 2542 PG: 3478
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed as
provided by law. on this. the da y and year first abo · .. c written.
LONDON
UNITED KINGDOM
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Raymond Se ayek. as Trustee of Trust A&n:ement
No. 87-12
Great Britain and Northern Ireland 1
London, England • "'S
Embassy of the Unltad States of Ameri''" ~
. b I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on tl':is Twcnty·S~ day of April • 1999, by Raymond Sehayek. as Trustee of Trust Agreement No.
87-12, who is personally known to me ~ (no) OR who product~d
6 "'-t TI { ~ ~~ P &&" as identification.
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l£CAl OESCRIPnON:
A P0Rl10N Of 'IRACT C. AUDUION COUNTRY CU.II UNIT ONE AS
R£CORD£0 .. PlAT BOOK 15. PAGES JO 1HROUGH ~ Of 1HE
PU8UC RECORDS OF ~It COUNTY, Fl()M)A. IEING WOR£
PAR11CUlAM. Y Of:SCRIIEO AS rOlLOWS:
C0MMENCt AT THE SOUTHEAST ~ OIF TRACT C. AU0U10N
COUNtRY Q.r.ll UNIT ONE AS R£CORO£D .. "-AT lOCK ''-PAG[S
JO n«oUGH »Of M PC8UC Rr:COROS "COl.UDt COUNTY,
fl.OAGA, lHENCE RUN N.Orot'.»-w., ALONG 1HE EAST UN£ r$
SAID tRACT C. 'OR A OISTAHC£ ~ tl!-38 ft[T TO 1HE PCitt QE
KG;IIWJi OF THE P~ OF LAND HER£ .. ~
1MOG MIN S.lri$"2S'"W. FOft A OISTAIG tl 312.22 FUT 10 A
PC*T ON H WEST UC OF SAID TRACT«:= 1HENCE IUN N.J4"04'2rw .•
AUJNG 1HE WOT LM OF SAID TRACT C, f'OR A DISTNG: r:JF ~2.11
fEET; nCNCX IUN N.1nnrt. AL.OHC M .:ST UIC r:JF SAID
ntACT C. FOR A OISTMCt 01 7.100 RET: lHOICIIIUN N.lrscYZ$-.:.
Fat A OISTANCE OF !101." FUT TO A.POifT ON 'ftC EAST UN[ or
SAID tRACT C; 1HENCE RUN S.OZW'»'t ALONG 1ME tAST ll« or
SAIO tRACT C. F'at A DISTANCt OF 318.2$ f'UT TO 1HE
f!CINI Cl JUjiMtG.. CONT~ 4.200 ACitD. MOll£ OR LESS.
lHIS PftOPOtTY WC:T TO EAS£MENTS. R£S0tVA110NS Oft
"ESTRICTIONS OF RECQtO.
IEARINCiS ~ HERI:ON R£F£R TO 1H£ EAST Lit[ C:S lRACT C.
AUDUIOM COUNTRY CUll UNT ONE AS ltttoROm .. PlAT BOOK
1$, PAGES lO THROUCH lS OF THE PUIUC R£CCAOS 01F COLLIER
COUNTY. f\.ORIOA. AS IEING N..02"01'-"'"W
HOI.£. MON1£S AND ASSOCIA 1£5. INC.
CER"MCA T£ (S AUlHQIItlA liON L8 11 772
BY!l:l!:wflt:flr: " ~T~~ ~~ORMIA
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Page 1
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
www.consult-rwa.com
K:\2004\040009.00.02 Baer's Furniture\0003 PUDA Application Support\Working Docs Submittal 2\Submittal 2 - 03 List of Owners and All Parties of Corp.docx
Audubon Country Club PUDA – Baer’s Furniture Expansion
List of Owner and all Parties of Corporation
Owner: BAER’S FURNITURE CO., INC., a Florida corporation
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Audubon Country Club PUDA – Baer’s Furniture Expansion
Current Aerial Photo with Project Boundary
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~----ORDINANCE 91-__jJ
Nl ORDINANCE AMENDING ORDINANCE NUMBER
82-2 THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE OFFICIAL
ZONING ATLAS MAPS NUMBERED 8505N, 3505S,
8507N, 8508N AND 8509N; BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
AUDUBON COUNTRY CLUB PUD, FOR PROPERTY
LOCATED ON THE WEST SIDE OF U.S. 41,
EXTENDING WESTWARD ACROSS VANDERBILT
BEACH DRIVE TO LITTLE HICKORY BAY, IN
SECTIONS 5, 7, 8, AND 9, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 754.75 ACRES; BY
REPEALING ORDINANCE NO. 87-77 WHICH
ORIGINALLY ESTABLISHED THE AUDUBON
COUNTRY CLUB PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Robert H. Flinn of Audubon Joint Venture,
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zoning classification of the herein described real property;
NOW THEREFORE BE IT ORDAINED.BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
SECTION ONE;
The Zoning Classification of the herein described real
property located in Sections 5, 7, 8, and 9, To~1ship 48
South, Range 25 East, Collier County, Florida, is changed
from "PUD" to "PUD" Planned Unit Development in accordance
with the PUD document, attached hereto as Exhibit "1'" which
is incorporated herein and by reference made part hereof.
The Official Zoning Atlas Maps Numbered 8505N, 85055, 8507N,
8508N and 8509N, as described in Ordinance Number 82-2, is
hereby amended accordingly.
SECTION TWO;
Ordinance Number 87-77, known as the Audubon country
Club PUD, adopted on October 6, 1987 by the Board of County
Commissioners of Collier County is hereby repealed in lts
entirety. II 044 w.r 202
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gQUQli THREE;
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Co~nissioners of Collier County, Florida, this ~day of
~<rl< _./ 1 1991,
··n ATTESor: Uf ,•
JAMES C. 'GtLES~ Clerk . . . / ·..-;~_
Mar r a M. Student
Assistant County Attorney
PUD-87-12(1) ORDINANCE
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--·-----------·-. -· .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY' rr~·.__ ()~~
PATRICIA ANNE GOODNIGHT, CHAIRMAN
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PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
AUDUBON COUNTRY CLUB
A PJ~NNED RESIDENTIAL COMMUNITY
Ordinance No: 91-5 J
Effective Date: June 25, 1991
Amendment Filed:
CCPC Approval Date: June 6, 1991
BCC ~pproval Date: June 25, 1991
Ordinance No: ~9:..::1:...-..::5:..:3~-----
~~ 04 4 'F.t 204
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CURRENT
AUDUBON COtniTRY CLUB PLANNING TEAM
Consulting Engineer, Land Surveyors and Planners
HOLE MONTES & ASSOCIATES, INC.
715 Tenth Street South, Naples, Florida 33940
KEVIN ERWIN
Kevin Erwin Consulting Ecologists, Inc.
2077 Bayside Parkway, Fort Myers, Florida 33901
II 0'4 4. w.~ 205
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INDEX
PAGE
LIST OF EXHIBITS ...........••....•....•.........•..••.......... li
STATEMENT OF BACKGROUND PURPOSE ............................... 111
STATEMENT OF COMPLIANCE & SHORT TITLE .......................... iv
SECTION I: PROPERTY OWNERSHIP & GENERAL DESCRIPTION ........ 1-1
SECTION II: PROJECT DEVELOPMENT ............................. 2-1
SECTION III: SINGLE-FAMILY RESIDENTIAL (R-1) ................. 3-1
SECTION IV: VILLAS (R-2)., .......................•.......... 4-1
SECTION V: MULTI-FAMILY RESIDENTIAL {R-3) .................. 5-l
SECTION VI: COMMERCIAL RETAIL CENTER (CR) ................... 6-1
SECTION VII: GOLF COURSE & COUNTRY CLUB (GC) ..•.............. 7-1
SECTION VIII: OPEH SPACE/CONSERVATION (OS/C) .................. 8-1
SECTION IX: GENERAL DEVELOPMENT COMMITMENTS ................. 9-l
i
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EXHIBIT A
EXHIBIT B
EXHIBIT C
--
LIST OF EXHIBITS
MASTER DEVELOPMENT PLAN
Logal Description
Typical Street Right of Way and Road Cross Section
ii
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STATEMENT OF BACKGROUND PURPOSE
The Property was zoned PUD under Ordinance 87-77 and a
substantial portion of the development has been completed
pursuant to such ordinance. The infrastructure for the portion
of the property lying between U.S. 41 and Vanderbilt Drive has
been substantially completed and such property h:!s been
subdivided under the plats for (i) Audubon Country Club, Unit
One, Plat Book 15, Page 30 of the Pnblic Records of Collier
County, Florida and (ii) Replat of Audubon Country Club Unit One
as recorded in Plat Book 15, Pages 39-35 which replat is itself
recorded in Plat Book 17, Page 67, of the Public Records of
Collier County, Florida. The golf course and part of the water
management system have been completed on the part of the Property
west of Vanderbilt Drive. The primary purpose of this Amended
and Restated PUD is to ( i) recognize that a portion of the
property which was subject to Ordinance 87-77 (located in the
northwest corner of the property subject thereto) has been
excluded from it and (ii) make certain amendments in the
development standards and stipulations to permit needed
flexibility to accommodate completion of the development.
Although substantial portions of the development have been
completed and although the developer has fulfilled many of its
development commitments in Ordinance 87-77, nevertheless, this
document continues to set forth the applicable development
requirements from Ordinance 87-77 to preserve a record of those
requirements. It should, however, be understood that although
phrased herein as requirements to be completed in the future many
such requirements have now been completed.
II 044Fv.t208
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STATEMENT OF COMPLIANCE .
The development of approximately 754.75 acres of property in
Sections 5, 7, 8, and 9, Township 48 South, Range 25 East,
Collier County, Florida, as a Planned Unit Development to be
known as Audubon Country Club, will be in compliance with the
planning goals and objectives of Collier County as set forth in
the Comprehensive Plan. The residential and commercial
development and associated recreational facilities (multi-use) of
Audubon Country Club will be consistent with the growth policies,
land development regulations and applicable Comprehensive Plan
documents for the following reasons:
1) The subject property
Management Plan.
is consistent with the Growth
2) The project development is compatible with and complementary
to the surrounding land uses.
3) Improvements are planned to be in substantial compliance
with applicable regulations.
4) The Master Development Plan insures a generous amount of
common open space and flexibility in design which will
insure a quality living environment for the residents.
5) The project development will result in an efficient and
economical extension of community facilities and services.
6) The project development is planned to incorporate natural
systems and existing. man-made systems for water management
in accordance with their natural functions and capabilities.
7) Arterial roadways are in existence adjacent to the property
and the number of egress and ingress points are controlled.
8) The development areas will
environmentally sensitive areas
areas) and the environmentally
protected and/or preserved.
be separated from the
(including the xeric scrub
sensitive acres are being
9) The project is surrounded by developed areas or approved
development projects and therefore does not exemplify leap
frog growth.
10) The project as previously zoned under Ordinance 87-77 has
been substantially developed and has been found to be
"improved property• within the Zoning Re-Evaluation
Ordinance 90-23 as required by policy 5.1 of FLUE (Future
Land Use Element) of the Growth Management Plan.
SHORT TITLE
This ordinance shall be known and cited as "Audubon Country Club
PUD Ordinance."
II 044 w.[ 2C9
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SECTION I
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
1.01 INTRODUCTION AND PURPOSE
It is the intent of the Owner (hereinafter called
"Developer") to establish and develop a Planned Unit
Development (PUD) on approximately 754.75 acres of property
located in Collier County, Florida. It is generally
bordered on the west by Little Hickory Bay and on the east
by u.s. Highway 41. The northern boundary of the property
is Bonita Shores Subdivision and Lee County. The southern
edge of the property is bounded by Bay Forest and The
Retreat Developments. It is the purpose of this document
to provide the required standards and to set forth
guidelines for the future development of the property.
1.02 NAME The PUD development shall be known as Audubon
Country Club.
1.03 LEGAL DESCRIPTION
See Attached Exhibit "B"
1.04 TITLE TO PROPERTY
Except for platted lots or tracts heretofore conveyed, the
subject properties are currently under ownership and the
unified control of Audubon Joint Venture, a Florida
partnership composed of Audubon of Naples Corporation, a
Florida corporation, and F and B Associates, a New York
limited partnership.
1.05 CURRENT ZONING
The property is currently zoned PUD (Audubon Country
Club), Ordinance 87-77.
II C"44 fAGt 210
1-1
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SECTION II
PROJECT DEVELOPMENT
2.01 PURPOSE
'!he purpose of this Section is to generally describ~ the
plan of development and delineate the general conditions
that will apply to the project.
2. 02 GENERAL PLAN OF DEVEJ ... OPMENT
Audubon Country Club is a planned community, which includes
a mixture of residential and commercial uses, golf course,
open space/parks and conservation areas.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
The project is planned to be in compliance with the
applicable Collier County zoning and subdivision
regulations as well as other Collier County development
codes in effect at the time permits or plats are requested,
except as provided herein.
2.04 LAND USE
2.05
2.06
2.04.01
The MASTER DEVELOPMENT PLAN (Exhibit A) shows the proposed
land uses of development for each parcel. Some variations
in acreages shall be permitted at final design to
accommodate vegetation, encroachments, utilities,
topography, protected animal species, site and market
conditions. In addition, variations of up to five percent
(5%) of the developable area shall be permitted to
accommodate changes required by environmental permitting
agencies or county staff at site plan approval.
SITE DEVELOPMENT PLPN APPROVAL
When site development plan approval is required by this
document, applicant shall comply with Section 10.5 of the
zoning Ordinance or successor regulations dealing with site
development plan approval.
DEVELOPMENT OF PARCEL~ II C44 PV·~ 211
A) Site Development Plan approval, when required, shall
follow the procedure as outlined in Section 10.5 of
the zoning ordinance.
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Packet Pg. 169 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
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LAND USE TYPE
RESIDENTIAL
R-1 (Single-Family)
R-2 (Villas)
R-3 (Multi-Family)
COMMERCIAL
CR Retail
LAND USE SCHEDULE
.-APPROXII-'.ATE
ACREAGP.
108.7
43.6
27.9
12.4
MAXIMUM NO. OF
DWELLING UNITS
408*
300
124,000 sq. ft.
of floor area
All acreages are approximate and may vary significantly to
accommodate site conditions, environmental permits, topography
and existing native vegetation.
*There will be a total of 408 dwelling units allowed between the
R-1 and R-2 use types or districts. There is no specific number
of units allocated to either such use.
II C4 4 FAG[ 212
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Packet Pg. 170 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
2.07 PROJECT DENSITY
The total acreage of Audubon Country Club's property is
approximately 754.75 acres. The maximum number cf dwelling
units to be built on the total .acreage is 708. The
development of 708 dwelling units would result in a gross
density of loss than one unit per acre (.94 dwelling units
per acre). The density on individual parcels of land
throughout the project may vary according to the type of
housing placed on each parcel of land.
2, 08 PERMITTED VARIATIONS OF DWELT~ING UNITS
Flexibility is to be allowed c1s·· to the number of uni t3 on
any parcel within a district, provided that any specified
maximum number of residenti.ll unlts for that district is
not er.ceeded and the development standards contained in
this PUD are not exceeded. Further, the Development
Services Director may allow up to a fifteen percent (15\)
variance in any residential district, so long as the total
does not exceed 708.
2.09 EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas,
utili ties, and other purposes as may be needed. Said
easements and improvements shall be done in substantial
compliance with the Collier County Subdivision Regulations.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in substantial
compliance with applicable regulations in effect at the
time approvals are requested.
2.10 PERMITTED USES, GENERAL
Developer's landscaping nursery, essential services, model
homes, sales centers, signs, temporary development/
construction offices and other similar and compatible uses
as may be approved by the Development Services Director,
along with their accessory uses, shall be considered as
permitted principal uses on all tracts and land use
classifications within the project.
:2. 11 SIGNS
2.11.01 GENERAL
(a) All County sign regulations shall apply
unless such regulations are in conflict with
the conditions set forth in this section.
2-3
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2.11.02
2.11.03
(b) For the purpose of this PUD Document/
Ordinance, each tract or any portion thereof
approved by the Development Services Director
as a .separate project shall be considered as
a separate parcel of land and shall be
entitled to any sign as permitted herein.
(c) All signs shall be located so as not to cause
sight distance problems.
ENTRANCE SIGNS
(a) Two (2) entrance signs shall be permitted at
each entrance shown on the Master Development
Plan.
(b) Entrance signs shall not exceed a height of
twelve (12) feet above the finished ground
level of the sign site nor may the aggregate
area of the signs face exceed one hundred
(100) square feet at each major entrance.
(c) Entrance signs may be lighted, provided all
lights are shielded in a manner which
prevents direct glare into the vision of
drivers using the adjacent streets or into
adjacent residences.
PROJECT SIGNS
(a) Four project signs, designed to promote
Audubon Country Club, or any major use within
the project shall be permitted, two on the
west side of U.S. Highway 41, and one each on
the east and west sides of Vanderbilt Beach
Drive subject to the following conditions:
(i) Project signs shall not exceed a height
of twenty ( 20) feet above the finished
ground level of the sign site nor may
the overall area of the sign face exceed
one hundred (100) square feet.
(ii) Project signs may be .lighted, provided
all lights are shielded in a manner
which prevents direct glare into the
vision of drivers using the adjacent
streets or into adjacent residences.
a 044fAI;t214
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Packet Pg. 172 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
2.11.04 Buffers and External Fences
(a)
{b)
(C)
The east-west cul-de-sac road which borders
and parallels the Bonita Shores Subdivision
on the northern boundary of the project, west
of Vanderbilt Beach Drive, shall be set back
a minimum of 45 feet from the property line
as a buffer area, which shall be subject to
the requirements of 8.37 b., c. and d. of the
zoning Ordinance. This buffer area may have
the existing vegetation enhanced in order to
visually screon the project and the area, and
may also be utilized for sub-surface
utilities, provid-ed agreement for such use is
reached between the Developer and County and
an easement granted. A 6 foot green chain
link fence may be constructed within the
buffer area adjacent to the Bonita Shores
Subdivision within and along the northern
edge of the area cleared for installation of
a county-owned water line. The fence shall
be located and constructed so as to not
require further cutting, clearing or removal
of existing vegetation.
The cul-de-sac road right-of-way which
parallels and borders the southern boundary
of the project between u.s. 41 and Vanderbilt
Beach Drive shall be set back a minimum of 25
feet from the property boundary. The 25 foot
set back area shall be maintained as a
buffer.
Unless otherwise specified herein,
may consist of natural vegetation,
vegetation enhanced by landscaping,
walls, fences, or any combination
above.
buffers
natural
berms,
of the
(d) A wall or fence up to 8 feet in height may be
constructed along the adjacent property line
of Tract Y and those platted properties to
the south but not in Tract Y, but generally
adjacent to the east west cul-de-sac road.
2-5
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9.A.1.f
Packet Pg. 173 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
SECTION III
SINGLE-FAMILY RESIDENTIAL (R-1)
3.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas and district designated as Single-Family
Residential {R-1).
3.02 MAXIMUM DWELLING UNITS
A total of 408 dwelling units· .less the number of units
constructed in the Villa [R-2] tract according to section IV
may be constructed in the R-1 district except as provided in
Section 2.08.
3.03 PERMITTED USES AND STHUCTURES
No building or structure, or part thereof, shall be erected,
al tared, or used, or land or wator used, in whole or in
part, for other than the following:
A) Permitted Principal Uses and Structures
1) Single Family detached type dwelling structures.
2) Public and private parks, playgrounds, playfields
and commonly owned open space.
B) Permitted Principal Uses and Structures Requiring
Seecific Site Aeeroval According to Section 2.05
1) Single Family attached and detached type dwelling
structures (villas, townhouses, patio homes, zero
lot-line units, and other similar single family
attached or semi-attached dwellings), pursuant to
development regulations in Section IV.
2) Recreational structures,
utility structures.
community buildings,
3) Development, management, construction and sales
offices.
C) Permitted Accessory Uses and Structures
1) Customary accessory uses and structures, including
but not limited to private garages and private
swimming pools, and essential services and related
structures.
II U44w,~216
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Packet Pg. 174 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
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2) Model homes shall be permitted in conjunction with
the promotion of the development as provided in
the Zoning Ordinance.
3.04 PROPERTY DEVELOPMENT REGULATIONS FOR. PERMITTED USES
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
GENERAL:
All yards, set-backs, etc., shall be applied in
relation to the individual lot boundaries.
MINIMUM LOT AREA AND DIMENSIONS:
Area:
Frontage:
10,000
95
105
80
Square Feet
Feet Interior Lots
Feet Corner Lots
Feet Cul-de-sac and odd shaped
lots (measured at the front
yard setback line).
MINIMUM SETBACKS FROM SUBDIVIDED LOT BOUNDARIES:
Front: 25 Feet
Side: 7.5 Feet One Story
10 Feet Two Story
Rear: 25 Feet To Principal Structure
10 Feet to Screen Enclosures
MAXIMUM BUILDING HEIGHT:
Principal Structures: 2 Living stories plus roof
structure over parking
Accessory Structures: 20 Feet
MINIMUM FLOOR AREA: 1,500 sq. ft.
3.05 PROPERTY DEVELOPMENT REGULATIONS FOR
REQUIRING PLAN APPROVAL (Section 3.03BL
PERMI'l'TED USES
3.05.01
3.05.02
GENERAL: All yards, setbacks, etc. shall be
applied in relation to development parcel
boundaries or lot boundaries as indicated.
MINIMUM DEVELOPMENT PARCEL AREA & DIMENSIONS
As determined during subdivision master plan
review if applicable.
II 044rAGt217
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Packet Pg. 175 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
3.05.03
3.05.04
3.05.05
3.05.06
3.05.07
MINIMUM LOT AREA AND DIMENSIONS
Area: 1,500 Square Feet
Minimum Parcel Dimension along any primary side:
50 Feet
MINIMUM SETBACKS
RDevelopment Tract R means one of the Tracts on
which Residential Development is permitted in
accord with the Master Plan in Exhibit A. "Lot •
means a portion of a Development Tract which has
been subdivided as. ·such under a recorded
subdivision plat.
To Principal Uses from
adjoining rights of way:
To Principal Uses from Lot
or Development Tract Boundaries:
To Principal Uses from Open Space
or Recreational Areas:
To Accessory Uses, typical from
Lot or Development Tract Boundaries:
To Fencing, Screening and Privacy
Wall not exceeding 6 feet in height
from Lot or Development Tract Boundaries:
From Preserve Tracts outside of the
Lot or Development Tract Boundaries:
To Principal Uses:
To Screen Enclosures:
MAXIMUM BUILDING HEIGHT:
25 feet
10 feet
10 feet
5 feet
None
20 feet
10 feet
Principal Structures: 2 Living Stories Plus Roof
Structure Over Parking
Accessory Structure: 20 Feet
MINIMUM FLOOR AREA: 1,500 Square Feet
The foregoing standards with the exception of
setbacks to preserve areas and standards
pertaining to height and minimum floor area may be
waived for permitted uses set forth in section
3.03, Permitted Uses and Structures, by the
Development Services Director in any Development
Tract where a site development plan is approved
for an entire Development Tract which shows the
II C44 PAGE 218
3-3
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Packet Pg. 176 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
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position and
structures.
3.06 OFF-STREET PARKING
relationships of all proposed
Those principal uae structures which are identified in
Section 3. 03A shall contain a minimum of two ( 2) parking
spaces per dwelling unit. The Development Services Director
may permit a lesser number of parking spaces to be paved
when circumstances indicate infrequent use. However, those
unpaved spaces shall be grassed and reserved for future
paving.
3-4
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Packet Pg. 177 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
4.01 PURPOSE
SECTION IV
VILLAS (R-2)
The purpose of this Section is to set forth the regulations
for the areas and district designated as Villas.
4.02 MAXIMUM DWELLING UNITS
A total of ~08 dwelling units less the number of units
cor.structed in single family [R-1] tracts according to
section III may be constructed~ln·the R-2 district except as
permitted by Section 2.08.
4.03 PERMITTED USES AND STRUCTURES
A) Permitted Principal Uses and Structures
1) Single Family attached and detached
units (villas, townhouses, patio
lot-line units) and other similar
attached or semi-attached dwellings.
type dwelling
homes, zero
single family
2) All permitted principal uses and structures
allowed by Section 3.03A of this document.
B) Permitted Principal Uses and Structures Requiring
Specific Site Plan Approval According to Section 2.05
Any permitted structure exceeding the maximum building
height allowed by Section 4.04.04 of thi3 document, but
not exceeding three (3) habitable/living stories above
parking.
C) Permitted Accessory Uses and Structures
1) All permitted accessory uses and structures
allowed by Section 3.03C of this document.
2) Private boat docks with or without boat hoists on
water front lots not protruding more than five
feet into the water.
4.04 PROPERTY DEVELOPMENT REGULATIONS
4.04.01 GENERAL
All yards, set-backs, etc., shall be applied in
relation to the individual Tract boundaries.
II 044 PA~~ 220
4-1
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Packet Pg. 178 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
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4.04.02
4.04.03
MINIMUH PARCEL AREA AND DIMENSIONS
As determined during subdivision mnster plan
review if applicable.
MINIMUM LOT SIZE AREA AND DIMENSIONS
Area: 1,500 square feet
Minimum Tract Dimension along any primary side:
50 feet
MINIMUM SETBACKS TO TRACT BOUNDARIES:
"Development Tract • means one of the Tracts on
which Residential Development is permitted in
accord with the Master Plan in Exhibit A. • Lot"
means a portion of a Development Tract which has
been subdivided as such under a recorded
subdivision plat.
To Principal Uses along
any Road Right-of-way:
To Detached Principal Uses from
adjacent Lots, Side Yards in Lots
or Development Tracts:
To Attached Principal Uses from
adjacent Side Yards in Lots:
To Attached Principal Uses from
adjacent Development Tract Side
Yards:
To Principal Uses from Open Space
or Recreational Areas:
To Accessory Uses, from Development
Tract or Lot Boundari.es Typical:
To Fencing, Screening and Privacy
Wall not exceeding 6' high from
Development Tracts or Lot Boundaries:
From Preserve Tracts outside of the lot
or Development Tract to Principal Use:
II 044PA:.t221
4-2
25 feet
5 feet
0 feet
5 feet
10 feet
5 feet
None
20 feet
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Packet Pg. 179 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
4.04.04
4.04.05
MAXIMUM BUILDING HEIGHT:
PRINCIPAL STRUCTURE: (2) habitable/living stories
above parking unless other-
wise. approved under Section
4.038.
ACCESSORY STRUCTURE: 25 feet
MINIMUM FLOOR AREA: 750 square feet per unit
4. 05 The foregoing standards with the exception of setbacks to
preserve areas and standards pertaining to height and
minimum floor area may be waived for permitted uses set
forth in section 4.03, Permitted Uses and Structures, by the
Development Services Director in any Development Tract where
a site development plan is approved for an entire
Development Tract which shows the position and relationships
of all proposed structures.
4.06 SEPARATION BETWEEN R-1 AND R-2 USES
Where both R-1 and R-2 uses are proposed to be develc1ped
within any single Development Tract as shown on the Master
Plan in Exhibit A such uses shall be separated by a buffer,
right of way, water management area, conservation/open space
area, golf course, other recreation facility or some other
appropriate method of separation approved by the Development
Services Director.
4.07 OFF-STREET PARKING
Those principal use structures which are identified in
Section 4. 03A shall contain a minimum of two ( 2) parking
spaces per dwelling unit. The Development Services Director
may permit a lesser number of parking spaces to be paved
when circumstances indicate infrequent use. However, those
unpaved spaces shall be grassed and reserved for future
paving.
II 044 FAGt222
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Packet Pg. 180 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
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SECTION V
MULTI-FAMILY RESIDENTIAL (R-3)
5.01 PURPOSE
The purpose of this Section is to set forth the r~gulations
for the areas and district designated as Multi-Family
Residential (R-3) on the Master Development Plan.
5.02 MAXIMUM DWELLING UNITS
A maximum number of 300 dwelling units may be constructed in
the R-3 Multi-Family Residential parcels, except as
permitted by Section 2.08.
5.03 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in
part, for other than the following:
A) Permitted Principal Uses and Structures
1) Multi-family dwellings, which is defined as any
single structure containing two (2) or more
separate dwelling units.
2) All permitted principal uses and structures
allowed by Section 4.03 of this document.
3) All permitted principal uses and structures
allowed by Section 3.03A of this document.
B) Permitted Principal Uses and Structures Requiring
Specific Site Plan Approval According to Section 2.05
1) Any permitted structure exceeding the maximum
building height allowed by Section 5.04.04 of this
document but not exceeding 20 habitable/living
stories above parking.
2) All permitted principal uses and structures
allowed by Section 3.03 of this document.
3) Churches and other places of worship including
convents and monasteries.
4) Rest Homes, homes for the aged, life care and
limited care facilities, and like, subject to the
property development regulations of 5.05.
l,rl U44 PA(,~ 223
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Packet Pg. 181 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
C) Permitted Accessory Uses and Structures
All permitted accessory uses and structures allowed by
Section 3.03C of this document.
5.04 PROPERTY DEVELOPMENT REGULATIONS
5.04.01
5.04.02
GENERAL: All yards,
applied in relation
boundaries.
set-backs, etc., shall be
to the individual parcel
A) MINIMUM PARCEL AREA AND DIMENSIONS
Area: 1 acre
Frontage: 150 feet
B) MINIMUM LOT SIZE: None
5.04.03
5.04.04
MINIMUM SETBACKS TO PARCEL BOUNDARIES
One-half of principal building height with a
minimum of:
Front: 30 feet
Side: 15 feet
Rear: 30 feet
MAXIMUM BUILDING HEIGHT
Six (6) habitable/living stories above parking
unless otherwise approved under Section 5.03(B)
MINIMUM FLOOR AREA: 750 square feet per unit
5. OS PROPERTY DEVELOPMENT REGULATI_ON FOR USES UNDER 5. 03 B) 3)
and 4) ONLY:
5.05.01
5.05.02
5.05.03
MINIMUM AREA AND DIMENSIONS
Area: 2 acres
Frontage: 150 feet
SET BACKS TO PARCEL BOUNDARIES
One half of principal building height with the
same minimums as 5.04.03.
HEIGHT: As specified by Section 5.04.04.
a 04.4 PAG~ 224.
5-2
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Packet Pg. 182 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
5.06 OFF-STREET PARKING
Those principal use structures which are identified in
Section 5. 03A shall contain a minimum of two ( 2) parking
spaces per dwelling unit. The Development Services Director
may permit a lesser number of parking spat::es to be paved
when circumstances indicate infrequent use. However, those
unpaved spaces shall be grassed and reserved for future
paving.
II 044. FAGt225
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Packet Pg. 183 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
SECTION VI
COMMERCIAL RETAIL CENTER (CR)
6.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the area designated on Exhibit "A", Master Development
Plan, as the Commercial Retail Center (CR).
6.02 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected,
altered, or used, or land or-water used, in whole or in
part, for other than the following:
A) Permitted Uses:
1.
2.
3.
4 .
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
Antique shops
Appliance stores
Art studios
Art supply shops
Automobile parts stores
Automobile service stations
Bakery shops
Banks and financial institutions
Barber and Beauty shops
Bath supply stores
Bicycle sales and services
Book stores
Carpet sales -not including storage or
installation
Child care center subject to site plan approval
Clothing stores
Cocktail lounges
Commercial recreation uses
Commercial schools
Confectionery and Cundy stores
Delicatessens
Department stores
Drapery shops
Drug stores
Dry cleaning shops
Dry goods stores
Florist shops
Furniture stores
Garden supply stores
Gift shops
outside display in rear
Glass and mirror sales -not including
installation
Gourmet shop
Hardware stores
Health food stores and health facilities
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Packet Pg. 184 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
34. Hobby supply stores
35. Ice cream stores
36. Interior decorating showrooms and office
37. Jewelry stores
38. Laundries
39. Liquor stores
40. Locksmith
41. Medical clinics and offices
42. Millinery shops
43. Music stores
44. News stores
45. Office supply stores
46. Paint and wallpaper stores
47. Pet shops and suppli~i ·
48. Photographic equipment stores
49. Post office
SO. Printing, publishing and mimeograph service
51. Private clubs, fraternal ·and social
52. Radio and television sales and service
53. Restaurants
54. Shoe sales and repairs
55. Shopping centers
56. Souvenir stores
57. Stationary stores
58. Supermarkets and meat markets (not to exceed
25,000 square feet)
59. Tailor shops
60. Tile sales -ceramic tile
61. Tobacco shops
62. Toy shops
63. Tropical fish stores
64. Variety stores
65. Veterinary offices & clinics (no outside
Kenneling)
66. Watch and precision instrument repair shops
67. Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Director determines to be
compatible in the district.
68. Water management facilities, parks, essential
services, and preservation areas.
B. Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated
with the uses permitted in this district.
6.03 MINIMUM YARD REQUIREMENTS
Buildings shall be set back a minimum of 35 feet from all
roadways and 50 feet from boundaries with residential
parcels.
6-2
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Packet Pg. 185 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
There shall be no required setback from boundaries from open
space conservation areas. A landscape buffer area of at
least ten ( 10) feet shall be maintained between parking
areas and any roadways or residential parcels and shall
comply with Section 8.37 of the Zoning Ordinance.
6.04 BUILDING SEPARATION
All buildings shall be separated twenty (20) feet or
one-half (1/2) the sum of their heights whichever is greater
except that in the case of clustered buildings with a common
architectural theme these distances may be less, provided
that a site plan is approved by the Director . ... .....
6.05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE~
One thousand (1,000) square feet per building on the ground
floor except that free standing specialty structures of
nationally recognized standard size less than one thousand
(1,000) square feet shall be permitted when site plan
approval has been received.
6.06 MAXIMUM HEIGHT
Thirty five (35) feet above finished grade of lot.
6.U7 MINIMUM OFF-STREET
REQUIREMEN'l'S
PARKING AND OFF-STREET LOADING
As required by the Zoning Ordinance of Collier County.
6.08 MINIMUM LANDSCAPING REQUIREMENTS
As required by the Zoning Ordinance of Collier County.
6.09 SIGNAGE:
A. Wall and Marquee Signs
One wall or marquee sign per business with an area not
exceeding fifteen percent ( 15\) of the total square
footage of the front wall to which it is to be affixed,
with a maximum of one hundred (100) square feet.
B. On-Premises Signs
One on-premise sign not to exceed fifty (50) square
feet for free standing businesses with one hundred
fifty (150) feet or more of footage not to exceed
twenty (20) feet in height.
II 04.4 PAG~ 228
6-3
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c. Directory or Entrance Sign
A maximum of 250 square feet.
6.10 DEVELOPMENT
Prior to development of any commercial tract, a
development plan shall be approved in accordance
Section 10.5 of the Zoning Ordinance:
site
with
A written request for site plan approval shall .be submitted
to the Development Services Director for approval or denial.
The request shall include materials necessary to demonstrate
that the approval of the site "ptan •,.rill be in harmony with
the intent and purpose of this document. Such material shall
include the following, where applicable:
A) Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions for
ingress and egress, off street parking and off street
loading areas, yards and other open spaces.
B)
C)
D)
E)
Plans showing proposed locations for utilities hook-up.
Plans for screening and buffering.
Plans for proposed signs and lighting.
In the case of clustered buildings and/or zero lot line
with common architectural theme, required property
development regulations may be waived or reduced
provided a site plan is approved under this section.
().11 SPECIAL PROPERTY DEVELOPMENT REGULATIONS
A) Landscaping, buffer areas and supplementary district
zoning regulations that may be applicable to certain
uses above shall be adhered to unless in conflict with
any of the intent or the previsions specified herein.
B) Merchandise storage and display. Unh~ss specifically
permitted for a given use, outside storage or display
of merchandise is prohibited.
C) Automobile Service Stations shall comply with the
standards of Section 9.8 of the Zoning Ordinance.
6·. 12 MINIMUM LANDSCAPE REQUIREMENTS
The project shall comply with the Collier County landscape
ordinance in effect at the time a permit is requested or
required. II 044. nr,~ 229
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6.13 SQUARE FOOTAGE
Commercial development shall not exceed onA hundred
twenty-four thousand (124,000) square feet of floor area.
II U44 FV.~ 230
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SECTION VII
GOLF COURSE & COUNTRY CLUB (GC.)
7.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated as Golf Course.
7.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered, or used, or land or· water used, in whole or in
part, for other than the following:
A)
B)
C)
Permitted Principal Uses and Structures
Golf Course
Permitted Accessory Uses and Structures
1)
2}
Clubhouses, pro-shop, practice driving range and
other customary accessory uses of golf courses, or
other recreational facilities.
Small commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf course and other
permitted recreational facilities.
3) Multiple tennis courts, shuffleboard courts,
swimming pools, and other types of facilities
intended for outdoor recreation common to a
country club.
4) Roads, pathways, accessory uses and structures
customarily associated with the permitted use,
including but not limited to utility structures,
water management facilities, maintenance shops and
equipment storage facilities, non-corunercial plant
nursery, etc.
5) Polling places in accordance with Section 9.11 of
the Zoning Ordinance.
Plan Approval Requirements
A site plan
submitted in
document. The
be recorded in
of the golf clubhouse area shall be
accordance with Section 2.05 of this
perimeter boundaries of such plans shall
the same manner as a subdivision plat.
II U44)f~r.~ 231
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Packet Pg. 189 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
7.03 PROPERTY DEVELOPMENT REGULATIONS
7.03.01
7.03.02
7.03.03
General Requirements:
A) Overall site design shall be harmonious in
terms of landscaping, enclosure of
structures, location of access streets and
parking areas and location and treatment of
buffer areas.
B) Buildings shall be set back a minimum of
fifty (50) feet from abutting residential
districts and the setback area shall be
appropriately landscaped and maintained to
act as a buffer zone. No parking will be
allowed in the buffer..
Maximum Height of Structure8
Three (3) stories over parking.
Parking
The off-street parking shall be as required by the
Zoning Ordinance of Collier County at the time
building permits are requested.
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Packet Pg. 190 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
SECTION VIII
OPEN SPACE/CONSERVATION
8.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated as Open Space/Conservation as well
as areas not otherwise covered.
8. 02 PERMITTED USES AND STRUC'rURES
No building or structure, or part thereof, shall be erected,
al tared, or used, or land or~ water used, in whole or in
part, for other than the following:
A) Permitted Principal Uses and Structures
1) Parks and playground.*
2) Biking, hiking, canoeing and nature trails.*
3) Equestrian paths.
4) Natura proserves and wildlife sanctuaries.
5) Recreational shelters and restroom facilities.*
6) Elevated boardwalk through wetlands areas to Bay
as shown on Master Development Plan.*
7) Water Management structures.
8) Pathways, accessory uses and structures
customarily associated
use,including but not
structures, lakes, water
etc.*
with the permitted
limited to utility
management facilities,
9) Wildlife Management.
10) Other recreational and open space uses which are
compatible and approved pursuant to 9.02(c).
*These uses in wetlands areas xeric scrub oak.
require advance approval by the Collier
Development Services Department and possible
from other governmental agencies.
II 044 FAG~ 233
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habitat
County
permits
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Packet Pg. 191 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
B) Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily
associated with principal uses permitted in this
District.
2) Maintenance and storage areas and structures.
C) Site Plan Approval Requirement
Site plans for proposed uses which are deemed
compatible with above uses by Administrator and not
permitted as principal us~~ shall be submitted to the
Director in accordance with Section 2.05.
8.03 PROPERTY DEVELOPMENT CRITERIA
Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of access
streets and parking areas and location and treatment of
buffer areas.
8.04 MAINTENANCE
The Developer shall establish a Property Owners Association
for the Project which will be responsible for the
maintenance and conservation of the Open Space/Conservation
areas, recreational facilities, private streets, sidewalks,
parks and other common facilities.
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SECTION IX
GENERAL DEVELOPMENT COMMITMENTS
9.01 PURPOSE
The purpose of this Section is to set forth the standards
for development of the project.
A. The design and layout illustrated by the Master
Development Plan shall be understood as general in
nature and flexible so that final design may comply
with applicable requirembrits and best utilize the
natural resources.
B. Minor design changes may be permitted subject to staff
review and approval, and design changes necessitated by
environmental permits shall be permitted subject to
staff review and approval.
c. To protect the integrity of the Planned Unit
Development, the major access roads may be private
roads and access may be limited thereon with the
exception of emergency and official vehicles.
9.02 DEVELOPMENT COMMITMENTS
A) Energy
1) Construction shall comply with applicable local
and state energy codes.
2) Reasonable "good faith• efforts to utilize
state-of the-art energy conservation techniques
shall be made where practically and economically
feasible.
3) Deed restrictions and othe.r mechanisms shall not
prohibit or prevent the use of alternative energy
devices such as solar collectors (except when
necessary to protect the public health, safety and
welfare).
B) Transportation
1) The internal roadway system of the proposed
project including any needed signals and other
intersection improvements shall be constructed by
the developer.
II 044 F~GS 235
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2)
3)
There will be an eight ( 8 I) foot leisure path
throughout the development as shown on the Master
Development Plan. Together with the golf cart
paths, they will serve all residential and common
areas.
Developer shall provide 50 feet of right-of-way
along the north boundary of the property between
Vanderbilt Beach Drive and U.S. Highway 41 for
future roadway purposes.
4) The Developer shall provide up to 25 feet of
additional right-of-way along all frontages on
Vanderbilt Drive (CR-901), the exact amount to be
determined when right-of-way permits are issued,
for turn lane, bike path and drainage uses upon
the four laning of that road.
5) Gate houses shall be located and designed so as
not to cause vehicles to be backed up onto any
public roadway.
6) The Developer shall provide left and right turn
lanes and arterial level street lighting at all
accesses on Vanderbilt Drive and Tamiami Trail.
7) The Developer shall provide a fair share
contribution toward the capital cost of any
traffic signals deemed warranted by the County
Engineer at accesses on Vanderbilt Drive or
Tamiami Trail. The signals will be owned,
operated and maintained by Collier County.
8) All traffic control devices used, excluding
name and other internal traffic control
shall conform with the Manual on Uniform
Control Devices (Chapter 316.0747,
Statutes).
street
signs,
Traffic
Florida
9) These improvements are considered "site related~
as defined in Ordinance 8~-55 and shall not be
applied as credits toward any impact fees required
by that ordinance.
10) A minimum 15 1 landscaped buffer shall be provided
between all internal streets that are adjacent and
parallel to an existing or proposed external road.
11) The golf maintenance facility is shown next to
Vanderbilt Drive, just north of the proposed
underpass. No median opening shall be permitted
when Vanderbilt Drive is widened to 4 lanes. a 044 PAG: 236
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Packet Pg. 194 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
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12)
13)
The proposed underpass under Vanderbilt Drive,
shall be constructed to accommodate future 4
laning of Vanderbilt Drive and shall be so located
and designed to avoid any site distance problems
with existing access drives located north of this
project and the proposed access to the maintenance
facility.
The main access to Audubon shall be located as
shown on Exhibit •A" and appears to be located
approximately across from the entrance to the
Cypress Head PUD.
C) Water Management
1) Detailed paving, grading, site drainage and
utility plans shall be submitted to Project Review
Services for review. No construction permits
shall be issued unless and until approval of the
proposed construction in accordance with the
submitted plans is granted by Project Review
Services.
2) An Excavation Permit will be required for the
proposed lake(s) in accordance with Collier County
Ordinance No. 88-26 and South Florida Water
Management District (SFWMD) rules.
3) Design and construction of all improvements shall
be subject to compliance with the appropriate
provisions of the Collier County Subdivision
Regulations.
4) A copy of SFWMD Parmi t or Early Work Permit is
required prior to construction plan approval.
5) The lakes and wetland locations shall meet the
minimum 200 ft. separation criteria of the South
Florida Water Management District rules unless the
South Florida Water Management District approves
any separation less than 200 feet and written
confirmation to that effect is provided to Project
Review Services.
D) Utilities Requirements
1) Water distribution and se\'rage collection and
transmission systems will be constructed
throughout the project development by the
developer pursuant to all current requirements of
County and the State of Florida. Water and sewer
facilities constructed within platted rights-of-
way or within utility easements required by the
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Packet Pg. 195 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
County shall be conveyed to the County for
ownership, operation and maintenance purposes
pursuant to appropriate County Ordinances and
regulations in effect at the time of conveyance.
All water and sewer facilities constructed on
private property and not required by the County to
be located within utility easements shall be
mmed, operated and maintained by the Developer,
his assigns or successors. Upon completion of
construction of the water and sewer facilities
within the project, the facilities will be tested
to insure they meet Collier County's utility
construction require~~nts in effect at the time
construction plans are approved. The above tasks
must be completed to the satisfaction of the
Utilities Division prior to placing any utilities,
County owned or privately owned, into service.
Upon completion of the water and/or sewer
facilities and prior to the issuance of
Certificates of Occupancy for structures within
the project the utility facilities shall be
conveyed to the County, when required by the
Utilities Division, pursuant to County Ordinances
and Regulations in effect at the time conveyance
is requested.
(a) All construction plans and technical
specifications and proposed plats, if applicable,
for the proposed water distribution and sewage
collection and transmission facilities must be
reviewed and approved by the Utilities Division
prior to commencement of construction.
(b) All customers connecting 'to the water
distribution and sewage collection facilities ~Till
be customers of the County and will be billed by
the County in accordance with the County· s
established rates. Should the County not be in a
position to provide water and/or S8wer service to
the project, the water and/or sewer customers
shall be customers of the interim utility
established to serve the project until the
County's off-site water and/or sewer facilities
are available to serve the project.
(c) It is anticipated that the County
Utilities Division will ultimately supply potable
water to meet the consumptive demand and/or
receive and treat the sewage generated by this
project. Should the County system not be in a
position to supply potable water to the project
and/or receive the project's wastewater at the
time development commences, the Developer, at his
~~~ U44F~r,~238
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expense, will install and operate interim water
supply and on-site treatment facilities and/or
interim on-site sewage treatment and disposal
facilities adequate to meet all requirements of
the appropriate regulatory agencies.
(d) An Agreement shall be entered into
between the County and Developer, binding on the
Developer, his assigns or successors, legally
acceptable to the County, prior to the approval of
construction documents for the proposed project,
stating that:
( 1) The pr·oposed water supply and
on-site treatment facilities and/or on-site
wastewater treatment and disposal facilities, if
required, are to be constructed as part of the
proposed project and must be regarded as interim;
they shall be constructed to State and Federal
standards and are to be owned, operated and
maintained by the Developer, his assigns or
successors until such time as the County's
off-site water facilities and/or off-site sewer
facilities are available to service the project.
The interim treatment facilities shall supply
services only to those lands owned by the
Developer and approved by the County for
development. The utility facility(ies) may not be
expanded to provide water and/or sewer services
outside the development boundary approved by the
County without the written consent of the County.
(2) Upon connection to the County's
off-site water facilities, and/or sewer
facilities, the Developer, his assigns or
successors shall abandon, dismantle and remove
from the site the interim water and/or sewage
treatment facility and discontinue use of the
water supply source, if applicable, in a-manner
consistent with State of Florida standards. All
work related with this activity shall be performed
at no cost to the County.
(3) Connection to the County's off-site
water and/or sewer facilities will be made by the
owners, their assigns or successors at no cost to
the County within 90 days after such facilities
become available. The cost of connection shall
include, but not be limited to, all engineering
design and preparation of construction documents,
permitting, modification or refitting of existing
sewage pumping facilities or construction of new
master sewage pumping facilities, interconnection
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Packet Pg. 197 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
with County off-site facilities, water and/or
sewer 1 ines necessary to make the connection ( s) ,
etc.
(4) At the time County off-site water
and/or sewer facilities are available for the
project to connect with, the following water
and/or sewer facilities shall be conveyed to the
County pursuant to appropriate County Ordinances
and Regulations in effect at the time:
(a) All water and/or sewer
facilities constructed in publicly owned
rights-of-ways bi .within utility easements
required by the County within the project
limits required to make connection with the
County's off-site water and/or sewer
facilities; or,
(b) All water and sewer facilities
required to connect the project to the
County's off-site water and/or sewer
facilities when the on-site water and/or
sewer facilities are constructed on private
property and not required by the County to be
located within utility easements, including
but not limited to the following:
(i) Main sewage lift station
and force main interconnection with the
County sewer facilities including all
utility easement necessary;
(ii) Water distribution
facilities from the point of connection
with the County's water facilities to
the ma~ter water meter serving the
project, including all utility easements
necessary.
(5) The customers served on an interim
basis by the utility system constructed by the
Developer shall become customers of the County at
the time when County off-site water and/or sewer
facilities are available to serve the project and
such connection is made. Pr lor to connection of
the project to the County's off-site water and/or
sewer facilities the Developer, his assigns, or
successors shall turn over to the County a
complete list of the customers served by the
interim utilities system and shall not compete
with the County for the service of those
customers. The Developer shall also provide the
9-11 G44 fAr,~ 240
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Packet Pg. 198 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
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County with a detailed inventory of the facilities
served within the project and the entity which
will be responsible for the water and/or sewer
service billing for the project.
(6) All construction plans and
technical specifications related to connections to
the County's off-site water and/or sewer
facilities will be submitted to the Utilities
Division for review and approval prior to
commencement of construction.
(7} The ·Developer, his assigns or
successors agree to · pay all syst.em development
charges at the time that Building Permits are
required, pursuant to appropr late County
Ordinances and Regulations in effect at the time
of permit request. This requirement shall be made
known to all prospective buyers of properties for
which building permits will be required prior to
the start of building construction.
(B) The County will lease to the
Developer for operation and maintenance the water
distribution ~nd/or sewage collection and
transmission system for the sum of $10.00 per
year, when such system is connected to the
off-site water and/or sewer facilities owned and
operated by the County. Terms of the lease shall
be determined upon completion of the proposed
utility construction and prior to activation of
the water supply, treatment and distribution
facilities and/or the sewage collection,
transmission and treatment facilities. The Lease,
if required, shall remain in effect until the
County can provide water and/or sewer service
through its off-site facilities or until such time
t.hat bulk rate water and/or sewer service
agreements are negotiated with the interim utility
system serving the project.
(e) Data required under County Ordinance No.
80-112 showing the availability of sewage service, must
be submitted and approved by the Utilities Division
prior to approval of the construction documents· for the
project. Submit a copy of the approved DER permits for
the sewage collection and transmission systems and the
wastewater treatment facility to be utilized, upon
receipt thereof.
II 044 FV,~ 241
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(f) If an interim on-site water supply, treatment
and transmission facility is utilized to serve the
proposed project, it must be properly sized to supply
average and peak day domestic demand, in addition to
fire flow demand at a rate approved by the appropriate
Fire Control District servicing the project area.
(g) Construction and ownership of the water and
sewer facilities, including any proposed interim water
and/or sewage treatment facilities, shall be in
compliance with all Utilities Division Standards,
Policies, Ordinances, Practices, etc. in effect at the
time construction approval is requested.
(h) Detailed hydraulic design reports -covering
the water distribution and sewage collection and
transmission systems to serve the project must be
submitted with the construction documents for the
project. The reports shall list all design
assumptions, demand rates and other factors pertinent
to the system under consideration.
( i) When the County has the ability to provide
sewage treatment and disposal services, the Developer,
his assigns or successors will be responsible to
connect to these facilities at a point to be
established by the County, with the Developer assuming
all costs for the connection work to be performed.
2) The project's Developer ( s), his assigns or
successors shall construct and utilize an on-site
secondary distribution system for the use of
treated sewage effluent within the project limits,
for irrigation purposes for areas including but
not limited to the golf course, clubhouse, common
areas, rights-of-way, and sales center. The owner
would be responsible for providing all on-site
piping and pumping facilities from the County's
point of delivery to the project and will provide
full wet weather on-site storage facilities as
required by the Department of Environmental
Regulation consistent with the volume of treated
waste water to be utilized. Treated effluent will
be supplied to the project pursuant to the
County's established rate schedule. The secondary
distribution system shall be constructed pursuant
to the findings of a detailed hydraulic design
report. The report must be submitted with the
construction documents for the project. The
report shall list all design assumptions, demand
rates and other factors pertinent to the system
under consideration.
II 044 FASf 242
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Packet Pg. 200 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
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3) Prior to approval of construction documents by the
Utilities Division, the Developer must present
verification, if required, pursuant to Chapter
367, Florida Statutes, that the Florida Public
Service Commission has granted territorial rights
to the Developer to provide interim sewer and/or
water service to the project until the County can
provide these services through its water and sewer
facilities.
4) The existing water mains adjacent to this project
will have to be reinforced, consistent with the
County's Water Master Plan to insure that the
water system can -·hydraulically provide a
sufficient quantity of water to meet the
anticipated demands of the project. Additionally,
the Utilities Division will not be in a position
to approve Certificates of Occupancy for the
project until the County's water transmission
facilities to serve North Naples have been
completed and placed into service and the system
reinforcement and on-site water distribution
facilities previously stipulated have been
completed and placed into service.
5) Any package plant needs DER approval. Any
establishment requ1ring a CCPHLLU permit must
submit plans for review and approval.
6) The Developer must meet the required ·..,ater flow,
which is a minimum of 750 GPM with a residual
pressure of 20 PSI at the remotest point of
discharge, assuming acceptable pressure and supply
at the main.
E) Exceptions to County Subdivision Regulations
1) Article X, Section 3: Buffer areas 3nd screening
shall be governed by this document as stated in
Section 9.02(F} (21) and 9.02(F) (22). The xeric
oak buffer contemplated by Section 9.02(F)(l6) of
this document may be part of the yard setback.
Upland buffers may be located within yards and
easements.
2) Article X, Section 19: Street name signs shall be
approved by the County Engineer but need not meet
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic
Control Devices. Street pavement painting,
striping and reflective edging requir~ments shall
be waived.
II U4 4 PA:.~ 243
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3)
4 )
Article XI, Section 17.F & G: Street right-of-way
and cross-sections for the roads shall be as shown
on Exhibit "C". *
Article XI, Section 17.H: The 1,000 feet maximum
dead-end street length requirement shall be waived
if emergency access is provided as shown in
Exhibit "E".*
5) Article XI, Section 17.I: Back of curb radii at
street intersections shall be a minimum of 30 feet
internally, minimum 40 feet externally.*
6) Article XI, Section 17.K: The requirement for 100
feet tangent sections between reverse curves of
streets will be waived on all roads. Speed limit
control will be used to control traffic.*
7) Article XI, Section 21: The requirement for blank
utility casings shall be subject to installation
of utilities prior to construction of pavement and
base.
B) Article XI, Section 10: The requirement for
reference markers to be placed in water valve
covers is waived, provided all monuments are
installed in accordance with State statutes and
approval by the County Engineer.
9) Article X, Section 16: The requirements for side-
walks shall be waived. An 8' wide leisure path
will be used on one side of the main roadway as
shown in Exhibit "E •. *
*All streets must remain privately owned to
qualify for these exceptions.
F) Environmental Stipulations
1) Developer shall be subject to Ordinance 75-21 (or
the tree/vegetation removal ordinance in existence
at the time of permitting), requiring the
acquisition of a tree removal permit prior to any
land clearing. A site clearing plan shall be
submitted to the Development Services Department
and the Community Development Division for their
review and approval prior to any substantial work
on the site. This plan may be submitted in phases
to coincide with the development schedule. The
site clearing plan shall clearly depict how the
final site layout incorporates retained native
vegetation to the maximum extent possible and how
roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate this
goal.
II\JJ44 PAGt244
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9.A.1.f
Packet Pg. 202 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
2)
3)
Native species shall be utilizedi where available,
to the maximum extent possible in the site
landscaping design. A landscaping plan will be
submitted to the Development Services Department
and the Community Development Division for their
review and approval. This plan will depict the
incorporation of native species and their mix with
other species, if any. The goal of site
landscaping shall be the re-creation of native
vegetation and habitat characteristics lost on the
site during construction or due to past
activities.
All exotic plants, a~ -defined in the County Code,
shall be removed during each phase of construction
from development areas, open space areas, and
preserve areas. Following site development, a
maintenance program shall be implemented to
prevent re-invasion of the site by such exotic
species. This plan, which will describe control
techniques and inspection intervals, shall be
filed with and approved by the Development
Services Department and the Community Development
Division.
4) If during the course of site clearing, excavation,
or other constructional activities, an
archaeological or historical site, artifact, or
other indicator is discovered, all development at
that location shall be immediately stopped and the
Development Services Department notified.
Development will be suspended for a sufficient
length of time to enable the Development Services
Department or a designated consultant to assess
the find and determine the proper course of action
in regar.d to its salvageability. The Development
Services Department will respond to any such
notification in a timely and efficient manner so
as to provide only a minimal interruption to any
constructional activities.
5) An archaeological survey of the parcel must be
conducted by qualified personnel subject to the
approval of the Development Services Department.
Results of that survey must be submitted to the
Development Services Department for review and, if
warranted, additional actions taken as outlined
within Stipulation 4) above.
9-11
9.A.1.f
Packet Pg. 203 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
6)
7)
8)
9)
All xeric scrub oak and wetland. areas designated
as •conservation open space• ("C/O") shall be
habitat preserves. Any proposed alterations
and/or uses within habitat preserves shall be
subject to the review and approval of the
Development Services Department. Habitat Preserve
include~ the C/O easement which is within the
commercial ("C/R") tract. All C/O areas as
designated on the Master Plans must be flagged by
the Developer prior to any construction in the
abutting area and habitat preserve boundaries will
be subject to the review and approval of the
Development Services Department.
To increase lake productivity and habitat values,
lake side slopes will be 4: 1 out to a depth of
three (3) feet from mean low water levels.
Developer should investigate vegetuting littoral
shelf areas with various native plant species
(upon request, the Development Services Department
can provide pertinent information concerning plant
species) .
Developer shall design and implement a program to
prevent and/or reduce populations of noxious/
exotic plant populations within lakes,
specifically, but not limited to, preventing
growth of hydrilla (Hydrilla verticillata), water
hyacinth (Eichhornia crassipes), and (to a lesser
degree) cattails (Typha latifoliB:}; this program
will be subject to the review and approval of the
Development Services Department.
A survey for the presence and distribution of
protected species rnust be conducted by qualified
personnel subject to approval by the Development
Services Department. For species identified in
the Floridu Game and Fresh Water Fish Commission
July 1987 edition of "Official Lists of Endangered
and Potentially Endangered Fauna and Flora in
Florida," the survey must include: bald eagle
(Hal iaeetus leucocepha lus) , red cockaded
woodpecker (Picoides borealis), gopher tortoise
(Gopherus polyphemus), gopher frog (Rana areolata)
and eastern indigo snake ( Drymarchon. cora is
couper i) . Results of the survey must be made
available to the Development Services Department,
and, if warranted, project designs should be
adjusted and/or individuals/ populations relocated
to appropriate locations to insure the survival of
the protected species. Where appropriate,
retention or relocation efforts will include the
butterfly orchid (Encyclis tampensis). Lastly, 9. C44 FA~~ 246
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9.A.1.f
Packet Pg. 204 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
-/.'
10)
11)
12)
the Developer shall satisfy all state (Florida
Game and Fresh Water Fish Commission) and federal
(United States F.lsh and Wildlife Service) permit
conditions concerning protected species.
If any redesign of Phase II, which is that portion
of the property located west of Vanderbilt Drive,
is required in order to meet the Florida Game and
Fresh Water Fish Commission's (FGFWFC) Bald Eagle
Management Plan, Developer shall propose such
changes as may be warranted to the Master
Development Plan. Boundaries for residential
Development Tracts and the location of internal
roads may be modified .and/or relocated. Such
changes may be approved by the Planning Services
Director (with advice and approval from the
Project Review Services Environmental staff)
without further approval by the Planning
Commission or Board of County Commissioners
provided that: ( i) the boundaries to the open
space/conservation tracts are not substantially
altered, (ii) the original development commitments
are met which includes no less upland area than
was originally preserved pursuant to the plan
attached as Exhibit A to Ordinance No. 87-77, and
(iii) external entrances are not modified.
Final alignment and configurations of water
management structures (lakes, swales, etc.) shall
be subject to minor field adjustments to minimize
habitat destruction. Prior to construction, areas
subject to alteration must be flagged by the
petitioner, the alignment/configurations to be
subject to the review and approval of the
Development Services Department.
'I'wo wildlife corridors must be provided a.cross
(east to west) the project parcel located west of
Vanderbilt Beach Drive. One corridor must connect
the central xeric live oak habitat with the
western, fringing watlands. The 75 feet northern
drainage easement will serve as the second
wildlife corridor. Except for land clearing
necessary for minor canal modifications to insure
proper water flow, reasonable golf course. passage
for hole #12, and human safety, all existing
native vegetation (trees and understory) will
remain intact along the w-idth of the easement;
additional width for the buffer is preferable and
strongly encouraged. Proposals for clearing of
any native vegetation will be subject to the
review and approval of the Development Services
Department.
II C44 rv~ 247
9-13
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9.A.1.f
Packet Pg. 205 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
13)
14)
15)
16)
The Developer and the Development Services
Department will cooperate on the final layout of
the golf course, resulting in a tree removal
program acceptable to both parties. Prior to
construction, golf holes will be field staked by
the Developer and subject to the review and
approval by the Development Services Department.
Developer should make reasonable field adjustments
of the course to minimize habitat destruction and
should follow xeriscape principles to reduce
environmental impacts. Particular attention is to
be paid to hole I 14 and 115 by the Developer to
minimize impacts on the scrub oak habitat to the
extent practical and ·consistent with good golf
course design.
As shown on the Master Plan, encroachment into
selected freshwater wetlands will be allowed to
facilitate the retention of additional acreage of
xeric live oak habitat. The Development Services
Department will support efforts to secure
necessary permits from other state and federal
agencies, i.e., permits which would allow
encroachment into the wetlands. If permits cannot
be procured from the necessary regulatory agencies
within a reasonable time to construct the project
as outlined in the Master Plan , the Developer and
the Development Services Department shall
cooperate to finalize all proposed development to
minimize environmental impacts, especially in the
xeric live oak habitats.
All housing development abutting the golf course
where there is no intervening upland conservation
tract or lake, will provide lot buffer zones to
protect and maintain the quality of existing
native vegetation between golf hole boundaries and
the housi11g unit. Lot buffers must be a minimum
of 20 feet and larger buffers should be encouraged
via deed restrictions.
Residents within xeric live oak habitats should
take special means to preserve existing plant and
animal communities (exclusive of venomous animals
or toxic plants). On single family lots within
the xeric live oak habitats, the architectural
review committee established by the developer will
require incorporation of reasonable amounts of
existing native vegetation into the site
landscaping plan. Deed restrictions shall promote
retention of existing plant and animal
communities, recommending the practice of
xeriscape landscaping.
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9.A.1.f
Packet Pg. 206 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
17)
18)
19)
20)
21)
Where applicable due to development, components of
plant communities will be transplanted within
preserve areas and/or as landscape elements within
the project. Examples of plant species
appropriate for transplant would include saba!
palms ( Sabal palmetto), wax myrtle ( Myr lea
cerifera) and c,omponents of the xeric live oak
communi ties including: oaks (Quercus spp. ) , wax
myrtle, rusty lyonia ( Lyoniaferruginea), and
gallberry (Ilex glabra).
For the buffer and preserve areas west of the
commercial tract (located adjacent and west of
U.S. 41), suitable -protection of the. buffer/
preserve areas will be provided by way of a fence,
curbing, landscape hedges, etc. Mode of
protection will correspond with specific
commercial facilities proposed for the area (i.e.,
shopping center vs. office building, etc.);
therefore, final mode(s) of protection will be
subject to the review and approval of the Natural
Resources Management Department.
For parking lots, golf cart pathways, and perhaps
certain roadways, Developer should investigate the
use of paver bricks in lieu of traditional asphalt
paving to reduce the amount of impervious
surfaces, chemical runoff, maintenance, and
possibly installation expenses.
For all of the stipulations above, mutual
agreements must be reached between the Development
Services Department and Developer If mutual
agreements cannot be reached, the matter will be
brought before the Environmental Advisory
Committee or whatever County environmental review
board is in power at the time of disputes; this
governing entity will act as an arbitrator for
disputes. If arbitration is futile, the matters
will be brought before the Board of County
Commissioners (BCC), the BCC to act as the final
arbitrator.
Should the South Florida Water Management District
(SFWMD), during its permit review process, require
a natural vegetative buffer be created between the
lots and any jurisdictional wetland Preserve
and/or Conservation tract, the buffer shall not be
located within the boundaries of the lot(s). It
shall be created as a separate platted tract or as
a buffer easement over an expanded limit of the
Preserve tracts, which would be dedicated as
Preserve/Drainage tracts, to include the buffer
I
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9.A.1.f
Packet Pg. 207 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
22)
23)
within the Preserve tract. If the buffer is
located within a separate tract, that tract shall
be dedicated on the plat to the project's
homeowners association or like entity for
ownership and maintenance responsibilities and if
necessary, to Collier County with no
responsibility for maintenance. All Preserve
buffer easements or buffer tracts shall be created
in conformance with the provisions of Chapter
704.06, Florida Statutes. If the SFWMD relieves
the County, in a manner satisfactory to the
County, of maintenance and enforcement
responsibilities, the buffer may be located on
lots and the following stipulation will apply in
place of the foregoing stipulation.
If (a) the SFWMD jurisdictional wetlands are
utilized as part of the pr.oject's water management
system, and (b) the SFWMD requires a natural
upland buffer adjacent to wetlands, the buffer
shall be included in the conservation tract or
otherwise protected in accordance with applicable
ordinances or regulations. If the buffer is
located within a separate tract, that tract shall
be dedicated on the plat to the project· s
homeowners association or other similar entity for
ownership, maintenance and enforcement
responsibilities with adequate safeguards to
ensure that those responsibilities run with the
land. If the buffer is located on lots of
development tracts, adequate safeguards shall be
established to provide for enforcement of
clearing/alteration restrictions, with adequate
safeguards to ensure that those responsibilities
run with the land, that are acceptable to the
SFWMD and Collier County.
Mitigation for the proposed impacts to 3.3+ acres
of wetlands designated, CO-R2 tract shall be xeric
live oak habitat unless other suitable mitigation
proposals are approved by the South Florida Water
M~nagement District (SFWMD). Said mitigation
shall comply with the mitigation ratios of SFWMD
and shall be contiguous to other xeric live oak
habitat, preferably the xeric live oak
conservation area comprising the Bald Eagle
Primary Protection Zone. This stipulation shall
be contingent on the petitioner obtaining the
necessary State and Federal permits and the upland
mitigation for wetland impacts being approved by
said agencies. A conservation easement shall be
placed over the mitigation area with protective
covenants as per Florida Statutes, Chapter 704.06.
9-16
Ill C44 FAr,~ 250
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9.A.1.f
Packet Pg. 208 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
' :
24) A Florida Game and Fresh Water. Fish Commission
(FGFWFC) approved Bald Eagle Management Plan shall
be submitted to Project Review Services
Environmental staff, prior to construction plan
submittal or with the construction plan submittal
for those lands west of Vanderbilt Drive.
25) Final plat and construction plans for the portion
of the Property west of Vanderbilt Drive shall not
be accepted or reviewed until a letter of
technical assistance is provided to the county
from the Florida Game and Fresh Water Fish
Commission indicating that the proposed management
plan for the protection of the eagle is acceptable
to it. The area designated CO-R2 on the PUD
Master Plan may, at the Developer's option, be
excluded from the submittal for construction
plan/plat review of the remaining land west of
Vanderbilt Drive. Prior to submission of such
plans for the CO-R2 parcel it will be incumbent
upon the Developer of this tract to provide
assurance to the county that South Florida Water
Management District (SFWMD) permits and acceptable
mitigation to the SFWMD can be provided for in the
project prior to the issuance of any permits for
the CO-R2 tract.
26) Prior to construction plan approval petitioner
shall provide a fifty (50) foot conservation
easement along the common lot line of the R3/Rl
designated lots in the southwest corner of the
project master plan to act as a naturally
vegetated wildlife corridor between the centrally
located CO area and the west fringing wetlands.
27) No impacts to previously designated preserves,
conservation areas or conservation and open space
areas for the . proposed addition lake area ( s) or
relocation and reconfiguration of lakes shall be
permitted unless required to meet the m1n1mum
retention standards of the SFWMD and the Collier
County Excavation Ordinance or the lakes are
permitted by the SFWMD. Surplus lakes shall
occupy no greater surface area than the lakes in
the northwest corner shewn as A and B on the
master plan.
28) All previous environmentc::.l standards of PUD
Ordinance No. 87-12 shall continue to apply unless
specifically amended by this amendment.
29) The petitioner will cooperate with the Development
Services Department, Project Review Services to 9-· U44 PAGt 251
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9.A.1.f
Packet Pg. 209 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
RCCJ2440HS/070191JW
develop an "inter development" (i.e., Little
Hickory Shores, Bonita Shores, Lely Barefoot
Beach, Audubon) plan for boat traffic management
promoting the preservation of estuarine resources
affected by the subdivisions and their associated
boat traffic, if any future boat docking or
launching facilities are proposed.
a 044n·::252
9-18
9.A.1.f
Packet Pg. 210 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
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MASTER DEVELOPMENT PlAN Exhobot A
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9.A.1.f
Packet Pg. 211 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers
. . ... IX!lllt I . ·--..,
Legal Description
)tAgal Descript'ion ot a parcel ot land located in the North 1/2 of!
nection 9, 'l'ownahip 48 south, Ranqe 2!5 East, Collier county,
lFlori4a, being 111ora particularly de•cribed a• followat
~l'hat portion of the North l/2 ot Section 9 'l'ownship 40 South,
nanga 2!5 East, Collier county, Florida, lying Westerly of u.s.
Uighway No. 41 (State Road No. 4!5) as the same is ahown on the
f;tata of Florida o.o.T. Right-ot-Way Map ot state Road No. 45,
<:ollier County, Florida, Section 03010-2319, Sheet 3 1 ot the Public
llecords of Collier County, Florida and lyinq Easterly ot County
ltoad No. 901 (Vanderbilt Drive), Col.lier county, Florida.
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9.A.1.f
Packet Pg. 212 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
Legal Oe.scrlptlo~
HMA ,,. Mo. Ita.''
11/l/17 •
Revls«d t/lt/U
Page 2 o! 5
A portion of Sections 5, 1 and a, Township 118 South, Range 25 East, Co liter
County 1 Florida, being more particularly described as follows:
Commenclng at the Southeast corner of Section 5, Township qa South, Range
25 East, Coll1er County, Florida: thence run South 89°59 1 22. 3" West along the
South line of said Section S 1 • so. 00 feet to a po(nt on the Westerly
rlght-of-way line of County Road 901, also known as Vanderbilt Ortve,
(formerly State Road S-865-A) and the POINT OF BEGINNING of lands herein
descrlbtd: thence run North 00°0zt't7" ifiest a_long sa1d Westerly rtght-of-way
tine of County Road 901, said rlght-or.:..way line being parallel to the East line
of the aforesaid Sectfon S, 2,088.011 feet to a point on the Easterly
prolongation of the South line of Unit No. 4, Bonita Shores, as recorded In
Plat Book 1 o, Page 33, of the Publtc Records of Collfer County, Florida:
thence run South 89°59 1 37" West along the Easter(y · prolongation and
aforementioned South llne of UnJt Ho. 14, 8onlta Shores, 2,003.71 feet to a
point of curvature of a curve concaved to the S~uth havtr.g a. central angle of
JS 0 57 100•, a radius of 50,00 feet; thence run Southwesterly along said curve
and along said South ltnu of Unit Ho. 14, Bonita Shores, 31.37 feet to a point
of reverse curvature of a curve concaved to the North having a central angle
cJf 35°571 00", a radius of 370.00 feet: thence run Southwesterly along said
curve and along the South line of said Unit No. 4, Bonita Shores, 232.16 feet
to a polnt of tangency: thence run South 89°59 137• West along said South of
llne UnJt No. Zl, Bonita Shores, 287.57 feet; thence run North 00°0S'S4• West
along the West line of said Unit No. It, Bonita Shores, said ftne being parallel .
to the North/South centerline of the aforementioned Section S, 130.00 feet to
the South rtght-of-way ltne of East Valley Drive and the South llne of Unit
No. 2, Bonita Shores, as recorded In Plat Book 3, Pag·e 143, satd -Publlc
Records of Collter County, Florida: thence run South 89°59'31• West along
said Sooth right-of-way ltne and sald South nne fJf Unit No. 2, Bonita
Shores, said nne being the Easterly prolongation of Det:d Book 41 I Page 3116,
said Public Records of Collier County, Florida: 80,00 r~et to a point on .the
Weste.-Jy rlght-Qf-way Jtne of West Avenue and the We5t line of the aforesaid
Oeed Book lt1, Page 345; thence run North 00°05 1 514• West along said Westerly
right-of-way ltne and West .ttne of said Deed Book Itt, Page 3~6, satd West.
right-of-way ·une being parallel to the North/South centerline of satd Section
5. 1150.00 feet to a point on the East/West centerline· of the aforementioned
• Sectlon·!, ·said point being JO. 00 feet West of the monumented center of sald
Section 5; thenci run North 00°0&1 41• West along the aforesaid Westerly
rfgf:st-of-way nne of West Avenue and along the West line of. Oeed Book •1,
Page Jq6, as recorded In safd Public Records of Collier County, Florida, :said
line being paralfel to the North/South centerline of_. said Section 5, lt1 o. oo feet
• to the Southeast corner of Lot 33, Unit No. 2. Uttle Hickory Shores, as
recorded In Ptat Book l, Page 79, said P\lbltc Records of Collier County,
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9.A.1.f
Packet Pg. 213 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
•
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hog• J o! 5
L~gal OucrlpUon
Flor:Jda: thence run ~uth 89°54'~3" W!!st along sald South line of satd Lot 33,
30.00 feet to the East ltne of a canal, said Unit No. l, Uttle Hlckory Shores;
thence run South 00°06qU • East along the East ltne or said canal, said East
line being parallel to the North/ South centerline of said Section 5, ~0. 00 feet
to the Southeast corner cf said canar and the South Jlne or the aforementioned
Unit No. 2, Uttle Hickory Shores: thence run South 89°58'~3" West along the
South line or said canal and the South line of the aforesaid Unit No. 2, UttJe
Hickory Shores, 1,356.21 feet to a point of lnterse<;tlon with the bulkhead line
as described tn Offlctal Record Book qa, Pages 158 and 159, said Publlc
Records of Col Iter County, Aorlda: thence run South 10°26 1 qJ" West along
said bulkhead llne 738. q5 'feet; thence run South 15°53'17 1 East along said
bulkhead 11ne for 2,112.58 feet to a point North 15°53'17 1 West distance 207.90
feet from 1 po1nt 920.00 feet West along the South line of said Section S from
the quarter section corner on said Jlne: thence run South 89° 58' q3• West
along said bulkhead ltne and parallel with and 200.00 feet North of satd South
llne for 363.86 feet; thence run North 15°53'17" West along said bulkh~ad llne
(or 1, 050.00 feet to a point of curvature; thence run Northwesterly, Westerly
and Southwesterly and Southeasterly along said bulkhead tine and along the
arc or a curvl! o~ radius 200.00 feet (chord bearing South 7Q 0 06'qJ" West) for
628.32 feet to a point of tangency; thence run South 15°53 117" East along said
bulkhead line 230 feel more or less to a point on the North shore of an Island
In Llttle Hickory Say; thence run Southwesterly and Southerly along the West
shore of said Island to a point on the South line of said SKtlon S '(Offlclal
Record Book 927, Page:s 188-190), 2,2~9.00 feet from tha quarter section
.c:.orner on said South line: thence run Southea:sterly, Easterly and
Northeasterly along the shore of said Island ln Sections 5 and a, Township U
South, . Range 25 East, Collier County, Florida, to the South line of said
Sectlon 5 at a pol nt 1, 75.3. 00 feet West of the Southeast corner of the
Southwest quarter of saJd Sectlon 5; thence run North 89°S8'1l3" East along
said South ltne of said Section 5, 31.71 feet; then\:& run South 31°35'13"
West, 305.29 feet (Official Record Book 791, Page 106); ·thence run North
8!1°06'57" West, 291 .. SS feet; thence run North 16°56'571 West to .1 pofnt on the
North 1Jn11· or Section I, Township .U South, Range 25 East, 2~0. -2 feet;
thence run South 19°58 143" West ;long said North Jlne of said Section a,
121.17 feet to a ·point of Intersection of said North Jtne of aforesaid SecUon a
with that certain agreed boundary IJne as recorded In Offlc:lal Record Book U
at Pages 235 to 250 lnc:lusive of the Public: Records of Col11er County, Florida;
~ence run South 00°01'52. a• East arong said agreed boundar:y line 121.61
feet: thenc:o r~n South 52°30'1 a. s• West along th• agreed boundary line,
1, 060. _, feet: thence run South 11 °59'23. 61 East along safd agreed boundary
line, 1 ,•U0.43 feet: thence run SQuth 58°58'q0.91 East along . said agreed
boundary line. 1,093.50 feet to a point 50.00 feet North (measured at right
angles) of the South Une of the Northwest quarter of said Section a. said
point being the most Westerly corner of Bay Forest as recorded In Plat Book
13, Pagu 27 through 29, of the Publlc: Records of Comer County, Florida:
thence run North 89°13'20 11 East along said boundary of Bay Forest, s.ald Jtne-·
being parallel to and so. 00 feet .North of the South Une of. aforesaid Northwest
9.A.1.f
Packet Pg. 214 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
•
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legal Cescrlptron
quarter of said S.ctlon 1, 1,988,86 feet to 1 point on the East line ot the
Northwest quarter of ntd Section S and on the West boundary of said Bay
Forest, said point being so. 00 feet North of the 5<)utheast corner of the
Northwest quarter of said Section I (center section); thence run North
ooo22'27" West along the aforementioned East ltne of the Northwest quarter
and along the West boundary of sal~ Bay Forest, 1 ,322. 29 feet to the
Northwest corner of the South half of the Northeast quarter of sald Section
· I, said Northwest corner being the most Northwesterly. corner of said Bay
Forest: thence run North 89°36 131" East along the North boundary line of said
Bay Forest and along the North Jtne of the South half of the Northeast
quarter of said • Section a, 2,.596.16 · feet to a PQint on the previously
mentioned Westerly right-or-way ltne of County· Road 901 (Vanderbilt Drive,
formerly State Road S-865-A): thence run North OO'l~~1 27• West, along said
Westerly right-of-way llno of aforesaid CAunty Road 901, 1,3511.59 feet to the ·
POINT OF BECINNINO.
.. Containing. 486 acres, more or less.
AND .
A• portion of the North half o( Section 9, Township !18 South, Range 25 East,
Collier County. Florida, betng more particularly described as follows:
That portion or the North half or Section 9, Township .118 South I Range 25
East, Collier County, Florida, lying Westerly of U.S. Highway No. IU (State
Road No. liS) as the same ts shown on th~ State of Florida o. a. T.
Rlght-of-way Map of State Road No. 115, Collier County·, Florida, Section
0301 0·2519, Sheet 3, of the Public Records of Col1ter County, Florida•, AHO
lying Easterly or County Road No. 901 (Vanderbilt Drive) I Collier County,
Florida. ·
Containing 273. G acres, more or Jess ..
All or the foregoing subJect to any dedtcaUons, ltrnltatlons, reservations,
restrlcUons, or easements or record •
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LESS AND EXCEP'.r FROM THE FOREGOING THE FOLLOWING LAND:
DESCRlP'l'ION OF LANDS SURVEYED
All that part ot the Northwest Quarter o! Section !, Township 48
south, Range 2! East, Collier County, Florida, beir.q more
particularly described as follows:
cownencing at the center oi said Section 5; thence South 89 degrees
32'00" Wast 30.00 teet to an intersection with the westerly right-
ot-way line ot West Avenue, said intersec~ion 'beinq tlle Point ot
Beqinning ot the parcel ot land herein being described;
thence North 0 deqrees.33 1 00". West along said westerly right-
ot-way line a distance ot 410.00 :eat to the southeast
property corner ot Lot 33 1 Block E, Little HickorJ Shores Unit
No •. 2, as recorded in Plat Boo)t 3 1 page 79, Collier ~ounty,
Florida;
·thence leaving said right-ot-way line South 89 degrees 32 1 00"
West along the southerly line ot. said Lot 33 a distance ot.
30.00 teet to an intersection with the easterly line-ot the
canal as shown on said plat;
thence South o d.egrees 33 1 OO" East along said canal 40.00
t.eet;
thence south 89 degrees 32 1 00" West aslong said canal 926.63
teet; ' ·
thence leavinq said canal South 10 d~qrees 33 '27" West 213.95.
!eat;
thence North 89 degrees 32 1 00" East 857.43 teet;
thence South 0 degrees 33 1 OO" East 160.00 teet;
thence North 89 degrees 32 1 00" _East 140.42 "f$et to the SPoint
ot. Beqinninq ot the parcel herein described;
containing 5.25 acres ot land more or less; .
• · subject to easements and restrictions ot record •
...
.. .. ..
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STATE OF FLORIDA
COUNTY OF COLLIER
. I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier'c~unty, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-53
·which was adopted by the Board of County Commissioners on
the 25th day of June, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day ot July, 1991.
JAMES C. GILES .... ,
' ,·. '. • .. :. tJ Clerk of Courts and Clerk·.·.'· ....
Ex-officio to Board of ~·
County Commissioners .. ,
AP~~~
By: Is/Maureen :::en yo:-. · · .
Deputy Cle!'·!.:-· ..
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II 04 4 PlS~ 263
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2-2
Ordinance 91-53 – Audubon Country Club PUD
Audubon Country Club PUDA – Baer’s Furniture Expansion PL 20190000502 Revised: August 29, 2019
* * * * *
2.06 DEVELOPMENT OF PARCELS
* * * * *
LAND USE SCHEDULE
MAXIMUM NO. OF
APPROXIMATE DWELLING UNITS/
LAND USE TYPE ACREAGE COMMERCIAL SQUARE FEET
RESIDENTIAL
R-1 (Single-Family) 108.7 408*
R-2 (Villas) 43.6
R-3 (Multi-Family) 27.9 300
COMMERCIAL
CR Retail 12.4 124,000 or 128,400 sq. ft.
of floor area**
All acreages are approximate and may vary significantly to accommodate site conditions,
environmental permits, topography and existing native vegetation.
*There will be a total of 408 dwelling units allowed between the R-1 and R-2 use types or
districts. There is no specific number of units allocated to either such use.
**PUD Tract CR, Commercial Retail Center, as identified on Exhibit A, Master Development Plan, is
platted as Tracts X, Y and Z, Audubon Commercial Center. The commercial sq. ft. of floor area may be
increased by 4,400 sq. ft. to 128,400 sq. ft. only if the platted Tract Y is developed as a furniture store, in
which case platted Tract Y will be allowed up to 65,000 sq. ft. Tract Y is limited to 60,000 sq. ft. if it is
not developed with a furniture store. Platted Tracts X and Z are not permitted to use the added 4,400
sq. ft. In the event that the furniture store is proposed to be converted to another use, any square
footage over 60,000 sq. ft. shall be subject to County review to determine consistency with Policy 5.3 of
the Future Land Use Element.
* * * * *
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6-5
Ordinance 91-53 – Audubon Country Club PUD
Audubon Country Club PUDA – Baer’s Furniture Expansion PL 20190000502 Revised: August 29, 2019
* * * * *
6.13 SQUARE FOOTAGE
Commercial development shall not exceed one hundred twenty-four thousand (124,000) square
feet of floor area. See SECTION 2.06 DEVELOPMENT OF PARCELS LAND USE SCHEDULE for
Commercial Development square footage requirements.
* * * * *
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Packet Pg. 223 Attachment: Attachment E - Application-Backup Materials (10667 : 9.A.1-Audubon Country Club (Baers Furniture) PUDA)
2-2
Ordinance 91-53 – Audubon Country Club PUD
Audubon Country Club PUDA – Baer’s Furniture Expansion PL 20190000502 Revised: August 29, 2019
* * * * *
2.06 DEVELOPMENT OF PARCELS
* * * * *
LAND USE SCHEDULE
MAXIMUM NO. OF
APPROXIMATE DWELLING UNITS/
LAND USE TYPE ACREAGE COMMERCIAL SQUARE FEET
RESIDENTIAL
R-1 (Single-Family) 108.7 408*
R-2 (Villas) 43.6
R-3 (Multi-Family) 27.9 300
COMMERCIAL
CR Retail 12.4 124,000 or 128,400 sq. ft.
of floor area**
All acreages are approximate and may vary significantly to accommodate site conditions,
environmental permits, topography and existing native vegetation.
*There will be a total of 408 dwelling units allowed between the R-1 and R-2 use types or
districts. There is no specific number of units allocated to either such use.
**PUD Tract CR, Commercial Retail Center, as identified on Exhibit A, Master Development Plan, is
platted as Tracts X, Y and Z, Audubon Commercial Center. The commercial sq. ft. of floor area may be
increased by 4,400 sq. ft. to 128,400 sq. ft. only if the platted Tract Y is developed as a furniture store, in
which case platted Tract Y will be allowed up to 65,000 sq. ft. Tract Y is limited to 60,000 sq. ft. if it is
not developed with a furniture store. Platted Tracts X and Z are not permitted to use the added 4,400
sq. ft. In the event that the furniture store is proposed to be converted to another use, any square
footage over 60,000 sq. ft. shall be subject to County review to determine consistency with Policy 5.3 of
the Future Land Use Element.
* * * * *
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6-5
Ordinance 91-53 – Audubon Country Club PUD
Audubon Country Club PUDA – Baer’s Furniture Expansion PL 20190000502 Revised: August 29, 2019
* * * * *
6.13 SQUARE FOOTAGE
See SECTION 2.06 DEVELOPMENT OF PARCELS LAND USE SCHEDULE for Commercial Development
square footage requirements.
* * * * *
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P a g e 1 | 2
6610 Willow Park Drive, Suite 200, Naples, FL 34109 (O) 239-597-0575 (F) 597-0578
July 17, 2019
Subject: Neighborhood Information Meeting
Audubon Country Club Planned Unit Development Amendment (PUDA) Application –
Baer’s Furniture Expansion
(PL20190000502)
15485 Tamiami Trail N, Naples, FL 34110
Dear Property Owner:
Please be advised that a formal application has been submitted to Collier County seeking approval of a
request to amend the Audubon Country Club Planned Unit Development (PUD).
The subject property is located on a 4.2+/- acre single parcel of land (Property ID No.: 22493000080)
located south of the Audubon Blvd., and Tamiami Trail, N, intersection. This property is more specifically
designated as Tract “Y” of the Audubon Commercial Center Plat, which is part of the Audubon Country
Club PUD’s Commercial Retail Center (CR).
The Petitioner is asking the County to approve an amendment request that will increase the stated
maximum square footage of allowable commercial area from 124,000 square feet to 128,400 square feet
within the Audubon Country Club PUD’s Commercial Retail Center (CR) area. This revision along with 600
square feet of unused commercial area will allow for a proposed 5,000 SF expansion to the existing 60,000
SF commercial furniture store (Baer’s Furniture) located on TRACT Y within the CR area of the PUD.
In compliance with the Administrative Code for Land Development requirements, a Neighborhood
Information Meeting will be held to provide you an opportunity to become fully aware of the intended
development and to give you an opportunity to ask questions and provide input. The Neighborhood
Information Meeting will be held on Wednesday, August 7, 2019 at 5:30 pm. The meeting will be held at
the Grow Church, 15300 Tamiami Trail North, Naples, FL 34110.
Should you have questions prior to the meeting, please contact me.
Sincerely,
RWA, Inc.
Kenrick S. Gallander, AICP
Director of Planning
KSG/jee
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P a g e 2 | 2
Project Location
15485 Tamiami Trail N, Naples
Folio #: 22493000080
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Text of Ad: 07/18/2019 9.A.1.f
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1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO
92 PARTNERS LLC 9015 STRADA STELL COURT SUITE 102 NAPLES, FL 34109---0 78544980045
92 PARTNERS LLC 9015 STRADA STELL COURT SUITE 102 NAPLES, FL 34109---0 78544980090
ABRAMS, BURT J & FERN B 15271 DEVON GREEN LN NAPLES, FL 34110---7953 29855001206
ALL SEASONS IN NAPLES LLC 31731 NORTHWESTERN HWY # 250W FARMINGTON HILLS, MI 48334---1668 00142600009
ANDERSON, DANA L 15275 GREEN LANE NAPLES, FL 34110---0 29855001251
AUDUBON COUNTRY CLUB FOUNDATION INC 15725 TAMIAMI TRL N NAPLES, FL 34110---6246 22495501008
AUDUBON COUNTRY CLUB ASSOC INC 625 AUDUBON BLVD NAPLES, FL 34110---7939 22495500106
BABCOCK, KATHERINE P 15268 DEVON GREEN LN NAPLES, FL 34110---7952 29855000553
BAER'S FURNITURE CO INC 1589 NW 12TH AVE POMPANO BEACH, FL 33069---1730 22493000080
BEATTIE, JAMES T & SUSAN H 15264 DEVON GREEN LN NAPLES, FL 34110---0 29855000605
BRAUN, JOHN M & FAITH J 15256 DEVON GREEN LN NAPLES, FL 34110---7952 29855000702
CALDWELL, NICHOLS W & ARLENE L 15255 DEVON GREEN LN NAPLES, FL 34110---0 29855001002
CC-NAPLES INC CLASSIC BENTLEY VILLAGE % PO BOX 2196 CHICAGO, IL 60690---0 00143040008
CHRISTUS VICTOR LUTHERAN CH PO BOX 867 BONITA SPRINGS, FL 34133---867 00142640001
DANIEL T TOUW REVOCABLE TRUST 15276 DEVON GREEN LANE NAPLES, FL 34110---0 29855000456
DAVEY, ANN M 212 AARON SMITH DR BRIDGEPORT, WV 26330---0 29855000757
DEVON GREEN AT AUDUBON RESIDENTS ASSCOIATION INC % JACK P CITTADINE ESQ 15284 DEVON GREEN LN NAPLES, FL 34110---7952 29855000058
HARRISON TR, C RICHARD UTD 12/29/92 15279 DEVON GREEN LN NAPLES, FL 34110---7953 29855001303
JANICE F WAGNER TRUST 15259 DEVON GREEN LANE NAPLES, FL 34110---7953 29855001057
KANE FURNITURE CORPORATION 5700 70TH AVE N PINELLAS PARK, FL 33781---4238 78544980029
KERN, B SCOTT & AMY C 5362 WOLF ROAD ERIE, PA 16505---0 29855001154
LAND TRUST NO 12-02 1500 5TH AVE SOUTH #111 NAPLES, FL 34102---0 22493000048
LAWSON TR, MARTHA G UTD 2/2/96 15280 DEVON GREEN LN NAPLES, FL 34110---7952 29855000401
LCCN HOLDINGS INC 15300 N TAMIAMI TRAIL NAPLES, FL 34110---0 00143000006
MC HUGH, SUSAN H 15247 DEVON GREEN LN NAPLES, FL 34110---7953 29855000906
MORETTI, JOSEPH 15260 DEVON GREEN LN NAPLES, FL 34110---0 29855000650
PATRICIA C FRECHETTE REV TRUST 1886 SEVILLE BLVD UNIT 1621 NAPLES, FL 34109---3355 29855000951
PRESLEY TRUST 422-35 BOARDWALK DR TORONTO M4L 3Y8 CANADA 29855000854
REFERENCE ONLY TWO LAKES A COMMERCIAL CONDOMINIUM 00142760004
REICHERT, CAROLYN R 15248 DEVON GREEN LANE NAPLES, FL 34110---0 29855000809
RICHARD A SEDLAK REV TRUST 5729 LAKE BRIAR DR MILLSTADT, IL 62250---0 29855000508
STANGLMEIER, BERND 15263 DEVON GREEN LN NAPLES, FL 34110---7953 29855001109
SUMMIT CHURCH INC 9210 ESTERO PARK COMMONS BLVD UNIT 9 ESTERO, FL 33928---0 78544980142
TIITF /ST OF FL 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 00142960008
US41 INVESTMENT HOLDING CO LLC 2 BLOOR STREET WEST STE 2602 TORONTO M4W 3E2 CANADA 22493000129
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data.
The recipient may not transfer this data to others without consent from the CCPA.
Petition: PL20190000502 | Buffer: 500' | Date: 7/9/2019 | Site Location: 22493000080
POList_500_PL20190000502
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6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
Page 1 of 3
K:\2004\040009.00.02 Baer's Furniture\0004 Neighborhood Information Meeting\NIM\NIM Meeting Docs\Audubon CC PUDA Baer's Expansion - NIM Summary.docx
DATE: August 16, 2019
TO: Timothy Finn, AICP, Principal Planner
Collier County – Growth Management Department: Zoning Division
FROM: Kenrick S. Gallander, AICP
Director of Planning
RWA Engineering
PROJECT NAME: Audubon Country Club PUDA – Baer’s Furniture Expansion
(PL20190000502)
SUBJECT: Neighborhood Information Meeting – Summary
A Neighborhood Information Meeting (NIM) was held on August 7, 2019, at 5:30 pm at Grow Church, 15300
Tamiami Trail North, Naples, FL 34110
Attendees are as follows:
• Kenrick Gallander, Director of Planning – RWA Engineering: Applicant’s Agent
• Jane Eichhorn, Permitting Manager – RWA Engineering
• Timothy Finn, Principal Planner – Collier County
• Angela Goodner – Collier County: County Commissioner’s Office District #2
• Tom McIvor – Summit Management Group
• John Meehan – Audubon CC Foundation
• James Beattie – Devon Green Audubon
• Joseph Monetti – Devon Green Audubon
MEMORANDUM
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Summary (Started at 5:30 pm):
Mr. Gallander began the meeting introducing himself and providing an overview of the presentation. He explained
the background of the subject property detailing the location and relationship to the surrounding area as well as
the existing development on the property. He further detailed that this parcel is part of the Audubon Country
Club Planned Unit Development. Part of the Planned Unit Development is a Commercial Retail Tract and platted
with “Tracts X, Y, and Z”, to support the PUD’s allowable commercial/retail uses. Mr. Gallander further explained
the total allowable commercial square footage for this PUD within the commercial retail tract is 124,000 and
currently development with a total square footage of 123,400.
From there, Mr. Gallander detailed the request of the applicant, which is to expand the existing 60,000 square
foot furniture store on Tract Y of the overall Commercial Retail Tract by 5,000 square feet. With the existing
124,000 square foot limit and to allow for the more commercial area of 5,000 square feet, requires an amendment
to the Planned Unit Development. Mr. Gallander explained that the proposed expansion will be within the existing
building footprint as it is above the first floor of the furniture store. There is no expansion beyond the exterior
walls.
Then Mr. Gallander concluded that based on the findings and professional opinion, the proposed amendment to
allow for an additional 5,000 square feet of commercial area is appropriate for this Commercial Retail Tract as it
is consisted with the Growth Management Plan, land development code, and the public infrastructure exists to
support the expansion. In closing, Mr. Gallander explained at what stage the application was in the review process
and the next major steps will be hearings before the Planning Commission and Board of County Commissioners.
Mr. Gallander then opened the floor for questions/comments/input from those in attendance.
Questions/Comments asked or offered at the meeting:
Q/C: Is the space empty currently?
A: Mr. Gallander responded by showing on the presentation aerial and photo exhibits that the proposed
expansion area is open area and not currently enclosed.
Q/C: Is this petition going to change the use?
A: Mr. Gallander informed them that no, the commercial furniture store use will stay and the space will
be likely used for either showroom or administrative support area for the store.
Q/C: What is the existing space?
A: Mr. Gallander explained the existing space is an open area.
Q/C: Is the open area in the front or back of the building?
A: Mr. Gallander further explained through the aerial photo presentation exhibits the orientation of the
front of the building and the rear. This helped to show the area for expansion is located at the back of
the building over the first floor.
9.A.1.f
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Q/C: They certainly want the store to stay open and don’t want a big empty store. They are happy with
the furniture store and it employs a lot of people and want it to be successful.
Q/C: Is there anything you can do about the noise behind the building? We live right behind the building
and some days it is very loud.
A: Mr. Gallander explained that through this application for amending the PUD for commercial uses is
beyond the scope of being able to address the deliveries and activities currently occurring and allowed to
occur at the commercial uses, he would relay the comment/concern to the owner.
Q/C: Will the neighbors be notified for the Public Hearings?
A: Yes.
Q/C: Will the furniture store get two floors of use after this addition.
A: Mr. Gallander explained that there is currently an existing second floor/mezzanine area. The expansion
area will further add to this second-floor area.
Q/C: When will the construction start?
A: To the best of his knowledge, Mr. Gallander indicated that once the zoning petition is approved, the
applicant will need to submit for a Site Development Plan Amendment. That process will take
approximately 8-10 months to approve at most. Construction would happen sometime after the SDPA
approval.
Q/C: The sooner the construction the better.
Q/C: Can you ask the owner if the dumpster pickup can be a little later in the morning. Like around
9:00am? It’s too early.
A: Mr. Gallander stated that he would certainly pose that request to the owner.
Q/C: We don’t want the store to close. It is a positive to our community.
Since there were no further questions or comments, Mr. Gallander thanked everyone, and he concluded the
meeting.
No commitments were made during the meeting.
The meeting adjourned around 6:00 p.m.
9.A.1.f
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11/21/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.2
Item Summary: An Ordinance of the Board of County Commissioners of Collier County, Florida,
Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of Collier County, Florida; to
amend the timing of required inspections for communications towers; to establish standards for outdoor
lighting on Estates zoned lots with single-family dwellings; to add a nominal alternation plan to simplify
the review of certain changes to site development plans; to limit architectural lighting on buildings and
lighting on car wash equipment; to clarify public notice provisions for certain land use petit ions; and to
correct citations and update text; by providing for: Section One, Recitals; Section Two, Findings of Fact;
Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the
following: Chapter One – General Provisions; Chapter Two – Zoning Districts and Uses; Chapter Four –
Site Design and Development Standards; Chapter Five – Supplemental Standards; Chapter Nine –
Variations from Code Requirements; Chapter Ten – Application, Review, and Decision-making
Procedures, Appendix A Standard Performance Security Documents for Required Improvements; and
Appendix C Final Subdivision Plat, Required Certifications and Suggested Text and Formats for Other
Required Information; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier
County Land Development Code; and Section Six, Effective Date. [Coordinator: Jeremy Frantz, LDC
Manager]
Meeting Date: 11/21/2019
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
11/05/2019 1:16 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
11/05/2019 1:16 PM
Approved By:
Review:
Zoning Ray Bellows Review Item Completed 11/05/2019 3:12 PM
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 11/05/2019 3:16 PM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 11/06/2019 11:18 AM
Zoning Camden Smith Review Item Completed 11/08/2019 1:53 PM
Growth Management Department James C French Review Item Completed 11/08/2019 4:49 PM
Zoning Ray Bellows Review Item Completed 11/13/2019 10:18 AM
Planning Commission Mark Strain Meeting Pending 11/21/2019 9:00 AM
9.A.2
Packet Pg. 264
Memorandum
To: Collier County Planning Commission (CCPC)
From: Jeremy Frantz, LDC Manager
Date: November 1, 2019
Re: Amendment to LDC Section 4.02.08 Outside Lighting Requirements
The attached LDC amendment was previously reviewed by the CCPC on February 7, 2019 and
March 7, 2019; but no recommendation was made at either meeting.
Since the last time the CCPC reviewed this LDC amendment, staff revised the language to better
address comments raised by stakeholders, the public, and the concerns expressed at the CCPC
meetings.
The revised draft was created through coordination with the member of the public that presented
to the CCPC at previous meetings and based on feedback received during additional outreach
efforts including communication between staff and several community associations, and
presentations made by staff to the Presidents Council and the Golden Gate Estates Area Civic
Association.
Feedback gained from these additional outreach efforts resulted in several key changes to the
amendment, including but not limited to the following:
Using measurements that are easier to apply.
Restricting the applicability of the LDC amendment to the Estates (E) Zoning District only.
Addressing the safety concerns generated by lighting oriented towards traveling vehicles
on abutting rights-of-way.
Defining a maximum height for the lighting fixtures.
9.A.2.a
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180002632
SUMMARY OF AMENDMENT
This amendment establishes standards for outdoor lighting associated with
single-family dwelling units in the Estates (E) zoning district. These
standards are intended to prevent high-intensity outdoor lighting from
negatively impacting neighboring residential properties.
LDC SECTION TO BE AMENDED
4.02.08 Outside Lighting Requirements
ORIGIN
Growth Management
Department (GMD)
HEARING DATES
BCC TBD
CCPC 11/21/2019
03/07/2019
02/07/2019
DSAC 11/06/2019
02/06/2019
DSAC-LDR 12/18/2018
10/16/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Denial
CCPC
TBD
BACKGROUND
Currently, there are no limitations in the Land Development Code with respect to outdoor lighting on
residential properties with single-family dwellings. However, homeowners can purchase a variety of
high intensity lighting fixtures at retail outlets which could have negative impact surrounding residential
properties. The GMD has been unable to resolve complaints received by the Code Enforcement Division
regarding outdoor residential lights shining toward neighboring homes.
At the Board of County Commissioners (Board) meeting on March 13, 2018, a member of the public
requested an ordinance to address nuisance lighting on single-family properties (See Agenda Item 7). At
the June 21, 2018, Budget Workshop, one Commissioner noted an awareness of lighting problems on
residential properties, suggesting a need for County staff to address the issue.
As a remedy, this amendment creates standards applicable to single-family homes in the Estates Zoning
District. The amendment requires that outdoor lights that exceed certain wattage or lumens be oriented
away from abutting properties and roadways. Additional performance standards are included to ensure
that lighting orientation avoids direct impacts on neighboring properties or roadways, including a
maximum lighting height of 20 feet. Several exemptions are also included to account for common but
unobtrusive lighting scenarios.
These standards represent a combination of lighting standards from nearby communities, including the
City of Bonita Springs (See Exhibit A) and the Joint IDA-IES Model Lighting Ordinance (See excerpts
in Exhibit B). Additionally, the amendment does not apply to commercial or multi-family residential
development (three or more units).
9.A.2.a
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Since a building permit is not typically required to install lighting fixtures for single-family dwellings,
the proposed standards will be implemented through the code enforcement process when a complaint is
issued. If a code violation is reported, homeowners could remedy a potential violation by repositioning
the lights, using shielding, or installing new lighting fixtures that comply with the proposed standard.
Examples of shielded fixtures are provided in Exhibit B. Other lighting requirements for single-family
and multi-family development are provided for informational purposes in Exhibit C.
Figure 1. Comparison of efficacy by power (Joint IDA-IES Model Lighting Ordinance, pg. 19)
An explanation of all advisory board recommendations is provided in Exhibit D.
FISCAL & OPERATIONAL IMPACTS
This amendment could result in additional
unexpected costs for homeowners by
requiring them to replace light bulbs with
lower lumens or to replace fixtures altogether.
There are no anticipated fiscal impacts to the
County associated with this amendment. The
amendment will help the Code Enforcement
Division to resolve some of the complaints
regarding outdoor lighting.
GMP CONSISTENCY
In the limited areas where the Growth Management
Plan (GMP) does address outdoor lighting, there is no
specificity provided. Only the Conservation and
Coastal Management Element (CCME) policies
pertaining to wildlife protection, e.g. Policies 7.3.1 and
7.3.2 regarding sea turtles, may have applicability to the
dwelling unit types addressed in this LDC amendment
but, again, there is no specificity provided. Further,
such lighting would have to comply with both this new
LDC provision and the CCME policies.
EXHIBITS: A) Lighting Standards in Other Communities, B) Excerpts from Joint IDA-IES Model
Lighting Ordinance, C) Residential Lighting Standards, D) Advisory Board Recommendations
9.A.2.a
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DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
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Amend the LDC as follows:
4.02.08 - Outside Lighting Requirements 1
2
A. Lights on golf courses shall be located and designed so that no light is aimed directly 3
toward property designated residential, which is located within 200 feet of the source of 4
the light. 5
6
B. Specific height requirements in zoning districts. 7
8
1. GC—Twenty-five (25) feet 9
10
2. C-1—Twenty-five (25) feet 11
12
3. CF—Twenty-five (25) feet 13
14
C. Outdoor lights on Estates zoned lots with single-family dwellings. 15
16
1. Each outdoor light or fixture having an aggregate of more than 100 watts for 17
incandescent bulb types, 26 watts for compact fluorescent bulb types, or 18 watts 18
for LED bulb types shall be fully shielded, mounted, or aimed so that: 19
20
a) Light from luminaires does not enter the eye directly when viewed from 21
abutting properties or roadways; 22
23
b) The luminaire or fixture does not produce direct uplight (no light is emitted 24
above the horizontal plane of the light fixture); 25
26
c) The cone of light, including light from reflected surfaces, does not project 27
onto a neighboring property; and 28
29
d) The maximum height of lighting fixtures, whether mounted on poles, walls, 30
or by other means, shall be 20 feet as measured from the adjacent grade. 31
32
2. Exemptions. 33
34
a. Motion activated lighting that extinguishes the lights no more than five 35
minutes after the area is vacated. 36
37
b. Security lighting activated on a temporary basis for no more than 30 38
minutes. 39
40
c. Seasonal holiday lighting from November 15 through January 15 and not 41
more than 30 days use in any one calendar year for other times. 42
43
d. Underwater lighting in swimming pools and other water features. 44
45
# # # # # # # # # # # # #46
9.A.2.a
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Exhibit A – Lighting Standards in Other Communities
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Community Standard Citation
City of Bonita
Springs
“1. Existing Outdoor Lighting. The following standards apply
to existing outdoor lighting installed and in existence as of
February 1, 2008.
a. Luminaire Standards. The following standards apply to
luminaire designs.
i. All light fixtures shall have bulbs that are fully recessed
within the fixture and may not emit light above horizontal
plane;
ii. The cone of light shall not project on to a neighboring
property.
…
2. New Outdoor Lighting. The following standards apply to
new outdoor lighting installed after February 1, 2008, between
the hours of 10:00 p.m. and 6:00 a.m.
a. Luminaire Standards. The following standards apply to
luminaire designs.
i. All light fixtures shall have bulbs that are fully recessed
within the fixture and may not emit light above horizontal
plane;
ii. The cone of light shall not project on to a neighboring
property;
iii. All luminaires shall have a maximum lamp wattage of 100
watts for incandescent bulb types and 26 watts for compact
fluorescent bulb types;
iv. Solar lights are encouraged.
v. Light from a luminaire that projects on to roadways that
causes glare, annoyance, discomfort, or loss of visual ability
shall not be permitted;
vi. Lighting that is directed in such a manner as to shine light
rays above the horizontal plane shall not be permitted;
vii. Flashing or moving lights that change at intervals more
frequently than once each six seconds shall not be permitted
with the exception of low wattage decorative lighting fixtures
(comprised by incandescent bulbs of less than 8 watts each or
other lamps of output less than 100 lumens each) used for
decoration;
viii. Luminaires activated by motion detectors shall not remain
on for more than 5 minutes and may not be activated by
movement that occurs outside property boundaries.”
Chapter 10 Art.
III.
Div. 3
Sec. 10-102
(d)(1)-(2)
9.A.2.a
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City of Naples “(a) Permitted exterior lighting. Exterior lighting or light
fixtures may be utilized at grade and at the 1st habitable floor
of multifamily structures, provided that:
(1) The lighting is confined to a front yard facing a public
street, or to that portion of the facade facing a public
street; and
(2) The light source is directed only at the facade of the
building.
Lighting may also be utilized at grade to enhance
landscape features. Exterior lighting shall be designed,
arranged or shielded in such manner that all adjacent
properties and the public roadways are protected from
direct glare.
(b) Prohibited lighting. The use of exterior lighting or light
fixtures on any portion of the facade or roof of a multifamily
structure above the 1st habitable floor shall not be permitted.
(c) Exemptions. Warning lights, as required by state or federal
agencies, and exterior lights used exclusively for and
associated with outdoor walkways, stairs, hallways, pool
areas, and living spaces such as balconies, terraces, screened
porches, and similar spaces shall be exempt from the
requirement as listed in subsection (b) of this section.
Nonpermanent lighting, used exclusively during the holiday
period from November 15 to January 15, is also excluded from
this prohibition.
(d) Nonconforming lighting. Nonconforming multifamily
structures shall be brought into conformance with this section
by April 30, 1998.”
Chapter 56 Art.
III
Sec. 56-89
9.A.2.a
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City of St.
Augustine Beach
Sec. 4. - Wall treatments, applied decoration.
(a) Window area. The maximum window area pervious to
interior lighting shall be ten (10) percent of exterior wall area.
(b) Wall treatment. Wall treatment shall generally be lusterless
and shall not contain areas illuminated by neon or similar
lighting, murals, paintings, reflective surfaces, or other areas
designed or intended to attract attention to the structure,
provided that temporary seasonal holiday signs or lights may
be permitted consistent with the requirements of the "Nights
of Lights" celebration of the City of St. Augustine or
emphasizing historic American holidays, meaning those days
made a public holiday by the laws of Florida, the laws of the
United States or by resolution of the city commission.
(c) Lighting. The maximum height for all site lighting shall be
eighteen (18) feet. All exterior lighting fixtures shall be
oriented and designed so as not to interfere or distract
attention of the drivers of vehicles upon adjacent streets or
highways. All exterior lighting fixtures shall be shielded so as
not to allow a direct light source to be visible on any adjacent
residential property. Light spillage from within a building or
reflected from surfaces of building shall be fully buffered by
landscape so as not to impact adjacent residential properties.
Article XIII
Appendix A.
Sec. 4
Lee County (Upper
Captiva Planning
Area)
“All outdoor lighting, including lighting on docks and
bulkheads, must be designed, installed, located, and
maintained to be hooded, shielded, and/or aimed downward.”
Art. XI
Division 4 Sec.
33-1736
City of Sanibel “All exterior lighting shall be designed and installed to prevent
glare and light trespass. Light shall not be allowed to cause
glare affecting motorists, bicyclists, or other users of roads,
driveways and bicycle paths. Light shall not trespass over
property lines.”
(More detailed standards follow this section)
Art. XIV
Div. 4
Sec. 12-997 (c)
Marco Island “(a) Regulation of the intensity and glare of outdoor lighting
shall be as follows:
(1) No lighting source shall cause more than 1.0 footcandle of
illumination to fall on adjoining residential single-family
(RSF) zoned property.”
(Additional shielding standards follow this section)
Chapter 6
Art. V
Sec. 6-145
9.A.2.a
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Volusia County No person may install, construct, erect, maintain, or control
any outdoor lighting or outdoor lighting fixture on a
residential structure, or on its surrounding premises, which
directly illuminates beyond the adjacent residential structure's
property line, between sunset and sunrise. For the purposes of
this section, adjacent property shall include all property within
360 degrees of the subject property, notwithstanding an
intervening right-of-way. For the purposes of this section,
property line shall be an invisible plane extending vertically at
a 90-degree angle from ground level to a point above the
height of the highest structure on either the subject property or
the adjacent property.
Sec. 50-480
9.A.2.a
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Exhibit B – Excerpts from Joint IDA-IES Model Lighting Ordinance
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9.A.2.a
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Exhibit B – Excerpts from Joint IDA-IES Model Lighting Ordinance
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9.A.2.a
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Exhibit B – Excerpts from Joint IDA-IES Model Lighting Ordinance
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9.A.2.a
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Exhibit B – Excerpts from Joint IDA-IES Model Lighting Ordinance
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9.A.2.a
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Exhibit B – Excerpts from Joint IDA-IES Model Lighting Ordinance
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9.A.2.a
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Exhibit B – Excerpts from Joint IDA-IES Model Lighting Ordinance
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9.A.2.a
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Exhibit B – Excerpts from Joint IDA-IES Model Lighting Ordinance
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9.A.2.a
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Exhibit B – Excerpts from Joint IDA-IES Model Lighting Ordinance
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9.A.2.a
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Exhibit C – Residential Lighting Standards
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National Electrical Code- Article 210 Branch Circuits (Applicable to single- and
multi-family development)
210.70 – Lighting Outlets Required
(A) Dwelling Units
(2) Additional Locations. Additional lighting outlets shall be installed in accordance with (A)(2)(a),
(A)(2)(b) and (A)(2)(c).
(a) (not applicable)
(b) For dwelling units, attached garages, and detached garages with electrical power, at least one wall
switch-controlled lighting outlet shall be installed to provide illumination on the exterior side of outdoor
entrances or exits with grade level access. A vehicle door in a garage shall not be considered as an
outdoor entrance or exit.
(c) Where one or more lighting outlet(s) are installed for interior stairways, there shall be a wall switch
at each floor level, and landing level that includes an entryway, to control the lighting outlet(s) where
the stairway between floor levels has six risers or more.
* * * * * * * * * * * * *
Collier County LDC
4.05.02 D. – Design Standards (Off-Street Parking and Loading) (Applicable to residential development
with off-street parking)
Parking lots shall be so lighted, if lighted, as to shield streets and all adjacent properties from direct
glare, excessive light, and hazardous interference with automotive and pedestrian traffic. For projects
subject to architectural design standards, see LDC section 5.05.08 F. for related provisions.
* * * * * * * * * * * * *
6.06.03 – Streetlights (Applicable to streetlights only)
A. Streetlights shall be designed and installed utilizing the IES standards for each street,
intersection at required intervals along each street and at the end of each cul-de-sac. The IES
standards for this street lighting are per IESNA RP 8.00, except as below:
B. At the entry/exit of any residential or commercial development approved through a SDP, SDPA,
or PPL located on a public collector or arterial street, the following additional standards shall
apply. For projects subject to architectural design standards, see LDC section 5.05.08 F. for
related provisions.
1. At the points where the edges of pavement of the entrance road meet the intersecting
right-of-way line, the illumination level shall be at or between, a minimum of 2.0 foot
candles and maximum of 5.0 foot candles. In cases when this Code may conflict with any
other lighting codes, requirements, policies, or recommendations relating to the
9.A.2.a
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spillover of light outside of project boundaries, public safety needs shall be evaluated by
staff and shall take precedence in the required placement of fixtures.
1. A full cutoff fixture is required on both sides of each entry or exit outside of the
intersecting public right-of-way except when located at a single-lane one-way driveway.
In such case, one (1) fixture will be allowed but it shall meet minimum required foot-
candle values. If the applicant can show the existing illumination levels from existing
roadway lighting meet the required foot candles through a photometric lighting plan
(calculated or by field measurement) certified by an engineer, licensed in the State of
Florida, the county manager or designee may waive or modify the requirement for
additional lighting at the point where the entry road intersects the public right-of-way.
C. All sidewalks not directly lighted by street lighting that interconnect developments must be
lighted to pedestrian level standards per IESNA RP-8-00.
D. Wherever, in the opinion of the County Manager or designee, based on an engineer's
determination, a dangerous condition is created by sharp curves, irregularities in street
alignment, or other similar circumstances, additional lights may be required. Streetlights and
mounting poles shall be wired for underground service. All conduits and casing to be placed
under the roadway required for the lights must be installed during each construction phase prior
to roadway subbase completion. Streetlights shall be designed and installed in either of 2 ways:
1. Where streetlights are to be installed on private streets, the developer, through an
electrical engineer registered in the State of Florida, shall design and install the street
lighting system subject to the approval of the County Manager or designee. Upon
completion of the streetlights, they shall be owned, operated, and maintained by the
property owners' association, a condominium association, cooperative association, or
other similar entity, or the public utility furnishing the electric service.
2. Where the streetlights are to be installed on public streets, the developer may elect to
initiate a municipal services benefit or taxing unit in coordination with the County
Manager or designee in order to provide street lighting. If the municipal services benefit
or taxing unit is approved by the BCC, the County Manager or designee shall authorize
the public utility to design, install, and maintain the street lighting system at no cost to
the County's general fund. If no municipal services benefit or taxing unit is created for
public streets, the provision of this section shall govern the design, construction, and
maintenance of streetlights.
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DSAC-LDR Subcommittee Recommendation
The DSAC-LDR Subcommittee reviewed a previous version of this amendment on October 16,
and December 18, 2018, and recommended approval with no changes to the amendment.
DSAC Recommendation
The DSAC reviewed a previous version of this amendment on February 6, 2019, and
recommended denial but indicated it was amenable to several changes to the am endment,
including:
• Increasing the wattage of lighting to which the provision is applicable,
• Clarifying the ambiguity regarding the direction of lights, and
• Allowing timers and motion sensors to be used to comply with the new standards.
The DSAC reviewed the amendment again on November 6, 2019, and recommended denial,
indicating that the amendment is too restrictive, too subjective, and is an over-broad response to a
problem that is not widespread. Additionally, it was noted that this amendment would create a
different standard for the Estates that does not apply elsewhere.
CCPC Recommendation
The CCPC reviewed the amendment on February 7, 2019, and recommended modifying the
standards to address higher lighting levels and provide foot-candle standards that will be easier to
enforce. Additionally, the CCPC suggested requiring shielding and to consider the differences in
ambient lighting in urban and rural settings when establishing maximum light levels.
The CCPC reviewed the amendment again on March 7, 2019, however, it was determined that a
footcandle standard may not be effective on small sites. Staff requested additional time to revise
the amendment and the CCPC recommended using standards from other communities and the
Joint IDA-IES Model Lighting Ordinance.
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LAND DEVELOPMENT CODE (LDC) AMENDMENT
PETITION
PL20190001312
SUMMARY OF AMENDMENT
This Land Development Code Amendment (LDCA) changes the time
between required inspections for guyed and self-supporting towers.
LDC SECTIONS TO BE AMENDED
ORIGIN
Growth Management
Department (GMD)
HEARING DATES
Board
CCPC
DSAC
DSAC-LDR
TBD
11-21-2019
08-07-2019
06-18-2019
5.05.09 Communication Towers
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
TBD
BACKGROUND: The South Florida Water Management District (District), which manages water
resources throughout 16 counties in Florida, recently suggested that Collier County update the
telecommunications towers (towers) ordinance so that the ongoing inspection cycle for their self-
supporting tower is less frequent. According to the LDC, all guyed and self-supporting towers that
exceed 185 feet in height require ongoing inspection reports. At minimum, these inspection reports must
include an evaluation of the 1) tower structure, 2) guy wires and fittings, 3) guy anchors and foundations,
4) condition of antennas, transmission lines, etc., and 5) vertical alignmen t and guy wire tension (for
guyed towers). As specified in the LDC, guyed towers require ongoing inspections every two years —
self-supporting towers every four years. This LDCA will change these timeframes by making them less
frequent, but still consistent with industry standards. The District owns one tower, located at Faka Union
within the Picayune Strand. The District provides inspection reports on five-year cycles in all counties
within their jurisdiction, except for in Collier County, which requires a four-year rotation.
The Telecommunication Industry Association (TIA), an advocacy organization for the tower industry,
published Structural Standard for Antenna Supporting Structures, Antennas and Small Wind Turbine
Support Structures ANSI/TIA-222-H. This publication recommends that inspections occur every three
years for guyed towers, five years for self-supporting towers, and seven years for monopoles.
Staff researched a small sample of codes from other counties in Florida—Broward, Miami-Dade, Lee,
Sarasota, and St. Johns. None of them have specific regulations pertaining to the ongoing inspections
of towers. The Code of Federal Regulations (CFR), which is used by the Federal Communications
Commission, contains inspection regulations, but its scope is very narrow and does not address ongoing
inspections.
In 1991, Collier County adopted Ordinance 1991-84, which represented a comprehensive update to the
LDC as it relates to towers. This ordinance included the ongoing inspection periods for guyed and self-
supporting towers, which are still in effect today. The inspection periods were discussed at the two
Board of County Commissioners (Board) hearings leading up to its adoption. During the first hearing,
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Mr. Leroy Pate, representing the tower industry, proposed an inspection period of every three years for
guyed towers and five years for self-supporting towers (see Exhibit B). However, staff recommended
more frequent timeframes, citing concerns “that there are presently towers that are overloaded not only
by antennas and equipment, but are not technically built to support what was placed on them initially.”
At the second Board hearing (see Exhibit C), another tower industry representative, Mr. Robert Kersteen,
recommended that the inspection periods be the two- and four-year timeframes. Later during the same
hearing, Mr. Pate recommended the inspections be required every three years. However, staff continued
to recommend the two- and four-year inspection cycles, which were ultimately adopted by the Board
and currently enforced today.
Staff concurs with the District regarding the inspection timeframes specified by ANSI/TIA-222.
However, because Collier County (and Florida in general) is vulnerable to hurricanes and other
inclement weather, rather than eliminating the mandatory inspections and relying on the industry to
regulate itself, staff proposes updating the language so that inspections are consistent with ANSI/TIA-
222 standards.
FISCAL & OPERATIONAL IMPACTS
The less frequent inspection reports will reduce
costs for the tower industry.
GMP CONSISTENCY
No Element of the GMP addresses towers
inspections; therefore, there are no GMP
consistency issues or concerns. This LDCA may
be deemed consistent with the GMP.
EXHIBITS: A – Ordinance 91-84; B – Board Minutes 08-21-1991; C – Board Minutes 09-09-1991; D
– PAN ANSI_TIA-222-H; and E – 47 CFR 17.47
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Text underlined is new text to be added
Text strikethrough is current text to be deleted
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Amend the LDC as follows:
1
5.05.09 - Communications Towers 2
3
* * * * * * * * * * * * * 4
5
G. Development standards for communication towers. 6
7
* * * * * * * * * * * * * 8
9
14. Effective January 1, 1992, all guyed All guyed towers, including old towers, 10
exceeding 185 feet in height shall be inspected every three (3) two (2) 11
years. Self-supporting Such self-supporting towers shall be inspected 12
every four (4) five (5) years. Each inspection shall be conducted by a 13
qualified professional engineer or other qualified professional inspector, 14
and any inspector-recommended repairs and/or maintenance should be 15
completed without unnecessary delay. At a minimum, each inspection shall 16
include the following: 17
18
a. Tower structure: Including bolts, loose or damaged members, and 19
signs of unusual stress or vibration. 20
21
b. Guy wires and fittings: Check for age, strength, rust, wear, general 22
condition, and any other signs of possible failure. 23
24
c. Guy anchors and foundations: Assess for cracks in concrete, signs 25
of corrosion, erosion, movement, secure hardware, and general site 26
condition. 27
28
d. Condition of antennas, transmission lines, lighting, painting, 29
insulators, fencing, grounding, and elevator, if any. 30
31
e. For guyed towers: Tower vertical alignment and guy wire tension 32
(both required tension and present tension). 33
34
# # # # # # # # # # # # # 35
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MAY ■ JUNE 2017 TOWER TIMES 1
What is ANSI/TIA-222 and why is it important for
the telecommunications industry? ANSI/TIA-222
is the “Structural Standard for Antenna Supporting
Structures and Antennas”. ANSI/TIA-222 is critically
important to the telecommunications industry for many
reasons. Some of which are as follows:
■■Direct link to the International Building Code (IBC);
■■Provides guidelines for the procurement of struc-
tures;
■■Establishes design parameters for structures; and
■■Provides criteria for Maintenance and Condition
Assessment of these structures.
This Planning Advisory Notice (PAN) focuses primarily
on Section 14 of the ANSI/TIA-222 Standard. Section
14 covers minimum criteria for a proper Maintenance
and Condition Assessment of antenna supporting
structures. The current version of ANSI/TIA-222 is G-2,
however, throughout this PAN, we will also be referenc-
ing the draft version of ANSI/TIA-222-H to communi-
cate upcoming changes in Section 14. In addition to
Section 14, Annex J (Normative) provides checklists for
maintenance and condition assessment, field mapping
of appurtenances and structural components as well as
charts for determining twist and out of plumb on guyed
towers. We will also touch on Annex K, as it brings
tension, twist, and plumb together. To add clarity, a
Authors: Scott Kisting (EVP – Proactive Telecommunications Solutions) and John Erichsen (Principal EET PE, Chairman
TIA committee TR 14). The members of the PAN Advisory Group who are involved in the writing and researching of each
PAN topic include: John Erichsen (Principal EET PE, Chairman TIA committee TR 14), Scott Kisting (EVP – Proactive
Telecommunications Solutions), Richard Cullum (Program Manager – Crown Castle), Jeremy Buckles (Safety and
Compliance Officer – International, SBA Communications Corporation), Craig Snyder (President, Sioux Falls Tower &
Communications), and Stephanie Brewer (Compliance Coordinator – MUTI-Sabre Industries Telecom Services).
PLANNING ADVISORY NOTICE
ANSI/TIA-222
Maintenance
and Condition
Assessment of
Telecommunication
Towers
CONTINUED ON NEXT PAGE
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TOWER TIMES MAY ■ JUNE 20172
Normative designation simply means that Annex J
carries the same weight and merit as the body of the
Standard. An annex allows the Committee to provide
information as a narrative or list when it is more effec-
tive than using the language limitations placed upon
the body of the standard such as the scope, require-
ments, and the maintenance and condition assessment
cycles.
Revision H clarifies issues around safety climbs and
inspection. ANSI/TIA-222-G Section 14 (Scope) states
“This section addresses the maintenance and condition
assessment of structures.” The following note is includ-
ed in ANSI/TIA-222-H – “Maintenance and condition
assessment requirements for safety climb systems are
not within the scope of the Standard.” The safety climb
system is an appurtenance while on the structure and
does not become a safety climb system until a compe-
tent person uses it as part of a fall protection plan. So,
while the safety climb may be assessed as a part of a
maintenance and condition assessment of the structure
it should not be considered usable as fall protection
until inspected by a competent person as part of a
complete fall protection plan. This logic also applies
to any structural member (tower leg, diagonal, etc.) or
connection considered for fall protection use by the
competent person as part of their fall protection plan.
Proposed language in Revision H helps clarify recom-
mended Intervals in section 14.4:
Maintenance and condition assessment recommenda-
tions are as follows:
1. Three-year intervals for guyed masts and five-year
intervals for self-supporting structures.
Note: The intervals recommended are based on
industry experience for communication structures
designed and installed per EIA or ANSI/TIA-222
Standards. More frequent inspection intervals were
found to be unwarranted.
2. After severe wind and/or ice storms or other ex-
treme conditions.
3. Shorter inspection intervals may be required for
Risk Category III or IV structures and structures in
coastal regions, in corrosive environments, and in
areas subject to frequent vandalism.
It is important to note that these are recommended
intervals that tower owners or engineers use to formu-
late a site-specific maintenance and condition assess-
ment plan. The recommended intervals can change
based on factors such as age of the structure and/or
how often they are assessed and maintained. There
are cases, based on the location and type of struc-
ture, as well as other factors that the maintenance and
assessment cycle may be extended beyond five years.
The inverse is also true. For example, a guyed tower
located in corrosive environment may require intervals
that are more frequent. It is up to the owner and their
engineering professionals to use the TIA recommenda-
tions to create a program that incorporates site-specific
information such as the structure type, location and the
environment.
Note two (2), in Section 14.4 (Rev H) recommends that
assessments after extreme weather events could be
warranted. For example, in the event of a category
five (V) hurricane, tower owners and carriers typically
choose to deploy teams to determine the extent of
damage to their wireless infrastructure.
Maintenance is emphasized by being the first word of
the title for this section as it is a critical component.
Typically, references are made to TIA maintenance and
condition assessments as inspections only. This is a
misinterpretation of Section 14, as it is very important
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MAY ■ JUNE 2017 TOWER TIMES 3
CONTINUED ON NEXT PAGE
to understand the critical nature of the word “Main-
tenance” as it is an actionable item. Depending on
the types of maintenance issues discovered during a
condition assessment, it is the expectation that the
structure will be maintained in accordance with the
owner’s maintenance plan to assure structural integrity.
Items discovered, that could adversely affect the struc-
ture, should be brought to the tower owners attention
immediately so its engineers and operations teams
can determine what maintenance or repairs, if any, are
required. To perform a condition
assessment (inspection) without
performing a proper maintenance
review is contrary to the intent of
the Standard.
Annex J is a guideline and checklist
for the maintenance and condition
assessment.
ANSI/TIA-222-G-2 Annex J: Main-
tenance and Condition Assessment
(Normative) – The preamble reads
as follows:
“This annex provides checklists
for: (a) maintenance and condition
assessment and (b) field mapping
of structures and appurtenances.
Note: This annex does not provide
means and methods for RF protec-
tion.”
Tower owners and their engineer-
ing support team(s) typically use
Annex J as the baseline when
creating site-specific maintenance
and condition programs. ANSI/TIA-
222 is a consensus standard based
on best practices and comprised
of committees, such as TIA TR-14.
These individuals are subject mat-
ter experts voluntarily contributing
their time and talent to the industry.
Each subsequent ANSI/TIA Stan-
dard has been an improvement
over the last. ANSI/TIA-222-H is
no exception and TIA expects that
earlier revisions will be superseded,
except for the purposes outlined in
the current published Standard. It
is the TR-14 member’s expectation
that the development of ANSI/TIA-
222-H will help the entire industry.
Some of the critical areas covered
in ANSI/TIA-222-H Annex J:CONTINUED ON NEXT PAGE
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TOWER TIMES MAY ■ JUNE 20174
J.1 – Maintenance and Condition Assessment
A. Structure Condition
B. Finish
C. Lighting
D. Grounding
E. Appurtenances such as Mounts, Antennas and
Lines
F. Other Appurtenances (walkways, platforms, sen-
sors, floodlights, etc.)
G. Base Insulator Condition for AM Towers (AM
detuning kits, fiberglass rods on broadcast towers,
Phillystran, etc.)
H. Guys
I. Concrete Foundations
J. Structure Alignment
K. Previous Modifications to Structure
Annex J provides an excellent guide for tower owners
and engineers to establish a site-specific condition and
maintenance program. A properly managed main-
tenance and condition assessment program ensures
that the structure is maintained in accordance with the
manufacturer’s recommendations and helps with the
long-term performance of the structure. The annex also
provides some base line information on mapping that
should be considered by engineers when a mapping is
required. The following is an overview of some of the
subject area covered and in an upcoming PAN we will
go into further detail on section J.2.
Section J.2 Provides guidelines for following:
A. Mapping of Appurtenances
1. Mounting Systems
B. Mapping of Structural Members and Connections
1. Self-Supporting Latticed Structures
2. Guyed Masts
3. Pole Structures
4. Connections
C. Tolerances
D. Twist and Out-of-Plumb determination for Towers
Understanding Annex K (Informative) is recommended
because it addresses the measurement of the guy wire
tensions. Any adjustment to the tensions of the guy
wires can also have an impact on the twist and plumb
on the tower. Annex K provides the engineering equa-
tions and content related to measuring guy tensions,
however it does not address the means and methods
related to this type of work. As discussed in other
PANs, ANSI/ASSE A10.48 should be considered for
the means and methods. Annex K provides two basic
methods for measuring guy wire tensions:
A. Direct Method (load cell)
B. Indirect Methods
1. Pulse Method
2. Tangent Intercept Method
Note that the approval of shunt dynamometers is a
new addition as a method for measuring guy tensions
for Revision H.
Once ANSI/TIA-222-H is approved (see process below),
the PAN committee will delve further into these two
annexes. Currently the TR-14 task group is finalizing
the draft. Once the draft is finalized, the full committee
will vote to approve. Once approved by the full com-
mittee there will be a public ANSI ballot/vote that will
ultimately lead to the publication of ANSI/TIA-222-H -
Structural Standard for Antenna Supporting Structures
and Antennas and Small Wind Turbine Structures. ■
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190001080
SUMMARY OF AMENDMENT
This amendment makes several changes to lighting standards related to
commercial development in order to limit certain types of lighting that may
be distracting or out of character with the surrounding community.
LDC SECTION TO BE AMENDED
1.08.02 Definitions
5.05.08 Architectural and Site Design Standards
5.05.11 Carwashes Abutting Residential Zoning Districts
ORIGIN
Board of County
Commissioners
HEARING DATES
BCC TBD
CCPC 11/21/2019
DSAC 8/07/2019
DSAC-LDR 6/18/2019
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with Changes
DSAC
Approval
CCPC
TBD
BACKGROUND
Lighting technology advances have led to the development of architectural lighting that includes a wide
variety of designs and colors (See Exhibit A). Recently, some new construction projects in the county
have included multi-colored, flashing light displays. These installations have caused concern for being
distracting and a nuisance to motorists and the surrounding neighborhood.
On February 26, 2019, the Board of County Commissioners (Board) directed staff to draft an ordinance
to address certain types of lighting on buildings that can become a nuisance, or which may be out of
character with the surrounding community. Staff has also received complaints from the public regarding
lighting of mechanical equipment at car washes. This amendment addresses three lighting issues:
1. Clarifies the difference between accent lighting and architectural lighting,
2. Adds limitations to the illumination of buildings to the architectural and site design standards,
and
3. Prohibits lighting that changes color, flashes, or alternates on buildings subject to architectural
and site design standards and on car wash equipment.
Collier County’s definition of accent lighting is limited to “strands or tubes of lighting that outline a
structure.” This form of lighting is prohibited by the sign code in LDC Section 5.06.00. This
prohibition was intended to be limited to “exposed” strands or tubes of lighting. However, there are
some forms of lighting that outline a structure but do not include exposed lighting, and therefore
should not be prohibited (See Exhibit B). This amendment clarifies the definition and prohibition of
accent lighting to only include exposed lighting.
Additionally, signage is not permitted to include lights that change color, flash, or alternate. This
amendment applies a similar standard to building facades by adding building illumination standards to
the architectural and site design standards in LDC Section 5.05.08 F.7, and to the lighting of car wash
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equipment at carwashes abutting residential zoning districts in LDC Section 5.05.11.
The addition of building illumination standards to the Site Design and Architectural Standards is
consistent with the approach of several other communities. Standards related to colors of architectural
lighting, or whether lights change color, flash, or alternate, are found throughout Florida (See Exhibit
C).
DSAC-LDR Subcommittee Recommendation
DSAC-LDR Subcommittee reviewed the amendment on June 18, 2019, and the following recommended
changes were incorporated into the amendment:
• The amendment should only apply to lights visible from a public right-of-way or adjacent
single-family residential districts.
• Allow for lights to change color if the change occurs over a longer timeframe and doesn’t
simulate flashing.
• Reference “architectural features” rather than “walls and windows” in section 5.05.08 F.7.d.i.
• The language in 5.05.11 J should reference “equipment,” rather than “car wash equipment.”
The Subcommittee also recommended that the amendment should apply to new permit applications only.
This recommendation has not been incorporated into the amendment because it would make the standard
ineffective at addressing lighting issues for existing development.
FISCAL & OPERATIONAL IMPACTS
This amendment may result in businesses that are
to become non-conforming with lighting
restrictions. Businesses will bear any cost
associated with removing or replacing previously
installed lighting. County reviews of architectural
plans will require applicants to indicate lighting
colors and color changes. There are no anticipated
fiscal impacts to Collier County associated with
this amendment.
GMP CONSISTENCY
The Growth Management Plan’s (GMP) land use
elements (Future Land Use Element, Golden Gate
Area Master Plan, Immokalee Area Master Plan)
contain subdistricts and overlays that identify
allowable uses, densities and intensities; some
contain development standards, but most do not.
No Elements of the GMP address or restrict
lighting in the detail addressed in this LDCA. The
LDC may be more restrictive than the GMP but
not less restrictive. Based upon the above analysis,
the proposed LDC amendment may be deemed
consistent with the GMP.
EXHIBITS: A) Architectural Lighting Examples; B) Accent Lighting Examples; and C) Architectural
and Accent Lighting in Other Communities
9.A.2.c
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Amend the LDC as follows:
1
1.08.02 – Definitions 2
3
Abut or abutting: To share a common property line or boundary at any one point. 4
5
Accent lighting: Strands Exposed strands or tubes of lighting that outline a structure, or to 6
maintain a common architectural theme to attract attention to any business, service, or other 7
related functions. 8
9
# # # # # # # # # # # # # 10
11
5.05.08 – Architectural and Site Design Standards 12
* * * * * * * * * * * * * 13
F. Site design standards. Compliance with the standards set forth in this section must be 14
demonstrated by submittal of architectural drawings and a site development plan in 15
accordance with the Administrative Code and LDC section 10.02.03. 16
* * * * * * * * * * * * * 17
7. Lighting. See LDC sections 4.05.02 D and 6.06.03 for additional requirements. 18
19
a. Purpose and intent. All building sites and projects, including outparcels, 20
shall be designed to provide safe, convenient, and efficient lighting for 21
pedestrians and vehicles. Lighting must be designed in a consistent and 22
coordinated manner for the entire site. The lighting and lighting fixtures 23
must be integrated and designed so as to enhance the visual impact of the 24
project on the community and blend with the landscape. 25
26
b. Shielding standards. Lighting must be designed so as to prevent direct 27
glare, light spillage and hazardous interference with automotive and 28
pedestrian traffic on adjoining streets and all adjacent properties. Light 29
sources must be concealed or shielded. 30
31
c. Height standards. Lighting fixtures within the parking lot must be a 32
maximum of 25 feet in height, and 15 feet in height for the non-vehicular 33
pedestrian areas. 34
35
d. Design standards. Lighting must be used to provide safety while accenting 36
key architectural elements and to emphasize landscape features. Light 37
fixtures must complement the design of the project. This can be 38
accomplished through style, material or color. 39
40
i. When visible from a public right-of-way or from an adjacent 41
residential property, the illumination of building facades, 42
architectural features, or windows using more than three colors, or 43
with lights that change color, flash, or alternate at intervals more 44
frequently than once per day is prohibited. 45
46
e. Illumination. Background spaces, such as parking lots, shall be illuminated 47
as unobtrusively as possible to meet the functional needs of safe circulation 48
and of protecting people and property. Foreground spaces, including 49
9.A.2.c
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building entrances and plaza seating areas, must utilize local lighting that 1
defines the space. 2
3
# # # # # # # # # # # # # 4
5
5.05.11 - Carwashes Abutting Residential Zoning Districts 6
7
A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be 8
allowed. 9
10
B. Minimum yards. 11
12
1. Front yard setback: fifty (50) feet. 13
14
2. Side yard setback: forty (40) feet. 15
16
3. Rear yard setback: forty (40) feet. 17
18
C. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated 19
street or highway. 20
21
D. Minimum lot size is 18,000 square feet. 22
23
E. If a carwash, vacuum station, or compressed air station abuts a residential district, a 24
masonry or equivalent wall constructed with a decorative finish, six (6) feet in height shall 25
be erected along the lot line opposite the residential district and the lot lines perpendicular 26
to the lot lines opposite the residential district for a distance not less than fifteen (15) feet. 27
The wall shall be located within a landscaped buffer as specified in section 4.06.00. All 28
walls shall be protected by a barrier to prevent vehicles from contacting them. 29
30
F. The building shall maintain a consistent architectural theme along each building façade. 31
32
G. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control 33
Ordinance [Code ch. 54, art. IV]. 34
35
H. The washing and polishing operations for all car washing facilities, including self -service 36
car washing facilities, shall be enclosed on at least two sides and shall be covered by a 37
roof. Vacuuming facilities may be located outside the building, but may not be located in 38
any required yard area. 39
40
I. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 41
42
J. The illumination of equipment with lights that change color, flash, or alternate at intervals 43
more frequently than once per day is prohibited when visible from a public right-of-way or 44
from an adjacent residential property. 45
46
# # # # # # # # # # # # #47
9.A.2.c
Packet Pg. 335 Attachment: Commercial Building Illumination LDCA (10556 : 9.A.2-Batch LDC Amendments)
Exhibit A –Architectural Lighting Examples
5
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Buildings with multiple lighting colors Buildings with a single lighting color
Staff image
Staff image
Staff image
www.mhkap.com/commercial
Staff image https://energyefficientdevices.org/led-outdoor-sign-lighting-
fixtures.html
https://decorsusa.com/wp-content/uploads/2018/01/IHG-
BRAND-LIGHTING-14.jpg
9.A.2.c
Packet Pg. 336 Attachment: Commercial Building Illumination LDCA (10556 : 9.A.2-Batch LDC Amendments)
Exhibit B –Accent Lighting Examples
6
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Accent lighting using “tubes or strands” Architectural lighting
http://accentledlighting.com/wp-content/uploads/2016/12/e-
Accent-LED-restaurant-perimeter.jpg
Source: Staff correspondence Re: PRBD20160518424
https://upload.wikimedia.org/wikipedia/commons/3/3c/Dalla
s_Bank_of_America_Plaza_top_night.jpg
Source: Staff correspondence Re: PRBD20160518424
Source: Staff correspondence Re: PRBD20160518424 Source: Staff correspondence Re: PRBD20160518424
9.A.2.c
Packet Pg. 337 Attachment: Commercial Building Illumination LDCA (10556 : 9.A.2-Batch LDC Amendments)
Exhibit C – Architectural & Accent Lighting in Other
Communities
7
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Community
and Citation
Architectural and Accent Lighting Standards (Bold emphasis added)
City of
Sunrise
16-140 (4)
(4) Building façade lighting. Exterior building lighting shall be in accordance
with the following requirements:
a. Floodlights, spotlights, or any other similar lighting shall not be used to
illuminate buildings, structures, or other site features unless approved as an
integral architectural element on the site plan. On -site lighting may be used
to accent architectural elements but not used to illuminate an entire façade of
a building. Temporary lighting such as strip lighting is prohibited unless in
accordance with subsection (b) below. Where accent lighting is used, the
maximum illumination on any vertical surface or angular roof surface shall
not exceed 5.0 average maintained footcandles. Building façade and accent
lighting will not be approved unless the light fixtures are compatible in
design, and located, aimed, and shielded so that light is directed only onto
the building facade and spillover light is minimized.
b. Holiday lights and decorations are prohibited except between November
15 and January 5 provided they do not cause excessive glare that creates a
public safety hazard.
Brevard
County
62-2257
(4) Accent lighting is hereby defined as the lighting of area(s) within a site
which emphasizes key architectural elements of the site's building(s),
particular objects such as a piece of art or retail displays, or landscaped areas
without creating shadows or hot spots resulting in uneven site lighting
conditions. All lighting fixtures (cut -off or non cut-off) utilized to provide
accent lighting shall be so designated on the site's engineered site plan.
Accent lighting fixtures providing illumination for specific portions of a
building's wall area are known as wall -washers. Wall-washer light fixtures
are cut-off or non cut-off lighting fixtures normally mounted at ground level
and aimed at an upward angl e to cast illumination upon an adjacent
building's wall. Up -lighting is the term used to describe the lighting of
objects located above the horizontal plane of the lighting fixture. Down -
lighting is the term used to describe the lighting of objects located below the
horizontal plane of the lighting fixture. Accent lighting fixtures which utilize
up-lighting or are used to illuminate landscape vegetation shall be limited to
a maximum 5.0 foot-candles lighting threshold in order to limit the adverse
impacts of light pollution (illumination of the night sky). Accent lighting
fixtures which utilize down -lighting shall be limited to a reduced 35.0 foot -
candle maximum lighting threshold in order to limit the adverse impacts of
glare and reflection.
City of St.
Petersburg
16.90.020 (3)
(3) Accent lighting. Accent lighting is lighting that is designed to emphasize the
shape, texture, finish, or color of a portion of an exterior wall or an architectural
feature.
9.A.2.c
Packet Pg. 338 Attachment: Commercial Building Illumination LDCA (10556 : 9.A.2-Batch LDC Amendments)
Exhibit C – Architectural & Accent Lighting in Other
Communities
8
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Lee County
34-2
Non-essential lighting means lighting that is not necessary for an intended
purpose after the purpose has been served. For example, lighting for a business
sign, architectural accent lighting, and parking lot lighting, may be considered
essential during business or activity hours, but is considered non-essential once
the activity or business day has concluded.
City of Palm
Beach
Gardens
78-751
Accent lighting means any lighting that is used to enhance, highlight, or define
specific elements of landscaping, art, or architecture.
City of Miami
Gardens
34-417 (4)
(4) Building and accent lighting.
a. Lighting of buildings. All exterior building lighting, including entry, facade,
rooftop, security, and accent lighting shall conform to the requirements
provided below:
1. Permitted lighting. Exterior lighting may be used to illuminate a building and
its grounds for safety purposes, so long as the lighting is done in a manner that
is aesthetically pleasing compatible with the overall surroundings, and in
compliance with this section.
2. Compatibility. Lighting shall be installed in a manner that is compatible
with the neighborhood and adjacent development, and protects dark skies.
3. Fixtures. All fixtures used in exterior building lighting are to be selected for
functional and aesthetic value. Light fixtures shall not be directly beamed
upward or toward adjacent properties and pedestrian areas.
4. Accent lighting for nonresidential and multifamily buildings. Accent lighting
for architectural and/or aesthetic purposes is permitted subject to the following
restrictions:
(i) All upward-aimed lights shall be fully shielded from projecting into the sky
by eaves, roofs, or overhangs.
(ii) Strings of lights or other similar accent lighting may be installed on trees
and landscaping and on buildings below the roofline provided: Light strings
shall not be suspended horizontally between any buildings, walls, fences, trees,
or shrubs. Strings of light shall contain only low wattage clear bulbs (less than
100 lumens) without interior or exterior frosting, colors or reflectors.
(iii) Integration with form. Lighting which mimics the architectural lines of
the building or part of the building, unless otherwise allowed in this
section, shall only be permitted by approval of an administrative petition.
City of
Daytona
Beach
6.9 D
D. Prohibited Lighting. The following exterior lighting is prohibited:
1. Light fixtures that imitate an official highway or traffic control light or sign;
2. Light fixtures in the direct line of vision with any traffic control light or sign;
9.A.2.c
Packet Pg. 339 Attachment: Commercial Building Illumination LDCA (10556 : 9.A.2-Batch LDC Amendments)
Exhibit C – Architectural & Accent Lighting in Other
Communities
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&
6.10 M
3. Light fixtures that have a flashing or intermittent pattern of
illumination, except electronic message center signage permitted in accordance
with Section 6.10.J.7, Electronic Message Center Signs;
4. Privately-owned light fixtures located in the public right-of-way; and
5. Searchlights, except when used by Federal, State or local authorities.
* * * * *
M. Architectural Accent Lighting.
1. Architectural accent lighting is nonblinking fiber optic, neon, or
incandescent light applied as an architectural enhancement to accent the
roof edge or details of a commercial building. Fiber optics may change
color but not so rapidly as to simulate blinking lights.
2. All architectural accent lighting shall meet the following requirements.
a. The lighting shall be designed as an integral architectural element of the
building and accent significant architectural aspects of the building.
b. The color of the accent lighting shall be harmonious with the building,
surrounding buildings, and the site.
3. In Redevelopment Areas, architectural accent lighting shall be subject to
approval of the Redevelopment Board for the area. In all other areas of the City,
architectural accent lighting shall be subject to review and approval by City
staff.
City of Palm
Springs
34-332
Accent lighting of a building facade for architectural, aesthetic, or decorative
purposes is permitted subject to the following restrictions:
(1) All upward-aimed lights shall be fully shielded from projecting into the sky
by eaves, roofs, overhangs, artwork, or architectural elements.
(2) Strings of lights or other similar accent lighting may be installed on trees
and landscaping and on buildings below the roofline provided:
a. Strings of lights shall not be suspended horizontally between any buildings,
walls, fences, trees, or shrubs.
b. Strings of light shall contain only low wattage clear bulbs (less than 100
lumens) without interior or exterior frosting, colors, or reflectors.
(3) Integration with form. Lighting following the form of the building or part of
the building, unless otherwise permitted in this section, shall only be permitted
as a component of site plan/architectural approval by the village council.
9.A.2.c
Packet Pg. 340 Attachment: Commercial Building Illumination LDCA (10556 : 9.A.2-Batch LDC Amendments)
Exhibit C – Architectural & Accent Lighting in Other
Communities
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City of
Casselberry
3-10.2 B
Accent lighting. Decorative lights used to draw attention to particular features
or objects such as plants, trees, walls, fountains, or buildings. Such lights shall
be aimed to accentuate shadows or to highlight a particular object at night.
Accent lights shall not impact safety and security, such as masking steps or
ledges, or produce glare such that a person or property owner cannot see
properly. They shall be limited to low voltage systems of 12 volts or 24 volts.
The lighting should aesthetically enhance the overall site and not create
glare or light trespass.
City of South
Miami
20-3.6 (U)(D)
(D) Definitions as used in this section.
1. Accent lighting means any directional lighting which emphasizes a particular
object or draws attention to a particular area.
City of Lake
Park
5-10
Sec. 5-10. - Exterior architectural lighting.
A. General. The term "exterior lighting," as used in this section, shall mean any
variety of lighting forming an integral part of a building. Such lighting shall
meet the following requirements and shall be subject to final approval by the
jurisdiction.
B. Limitations. Exterior lighting shall not:
1. Flash, revolve, flutter or be animated;
2. Obstruct the vision of pedestrians.
3. Project into or over any public street right-of-way including the sidewalk;
4. Obstruct or interfere with any door, fire exit, stairway, ladder or opening
intended to provide light, air, ingress or egress;
5. Constitute a traffic hazard or be a detriment to traffic safety.
9.A.2.c
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Section 10.02.03 10-23-19 CCPC.docx REV. 10/23/2019
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190001257
SUMMARY OF AMENDMENT
This amendment codifies the Nominal Alteration Plan process, a more
streamlined review of limited, minor changes to approved SDPs and SIPs,
or to sites without an existing SDP or SIP.
LDC SECTIONS TO BE AMENDED
10.02.03 Requirements for Site Development, Site Improvement Plans
and Amendments thereof
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC 11/21/19
DSAC 08/07/19
DSAC-LDR 06/18/19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
TBD
BACKGROUND
Currently, all development, except as identified in LDC section 10.02.03 A.3, is required to comply with
an approved Site Development Plan (SDP) or Site Improvement Plan (SIP) prior to a building permit or
certificate of occupancy being issued. This requirement ensures that all development is designed and
constructed in compliance with all the relevant provisions of the LDC. Throughout the development
process, development plans may change, or errors may be found in approved SDPs or SIPs, requiring an
amendment or insubstantial change.
Frequently, proposed changes to these plans would have minimal impacts to the overall development
and do not warrant the same level of review as SDPs, SIPs, or amendments thereof. In these instances,
staff has used an alternative process that allows for limited staff review, abbreviated review timeframes
(five days), lower fees, and the ability to exchange sheets without resubmitting the entire plan set when
appropriate.
In conjunction with an Administrative Code amendment (See Attachment A), this LDC amendment
codifies the Nominal Alteration Plan (NAP) process, for certain types of scrivener’s errors that do not
include changes to the site layout, and the following four changes or modifications:
• Mechanical air equipment and subsequent concrete pads;
• Permanent emergency generators;
• Above- or below-ground fuel tanks; or
• Carports or shade structures that do not increase impervious area calculations.
DSAC-LDR Subcommittee Recommendation
The DSAC-LDR Subcommittee recommended approval of the LDC amendment, as presented.
DSAC Recommendation
The DSAC recommended approval of the LDC amendment, as presented.
9.A.2.d
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FISCAL & OPERATIONAL IMPACTS
This amendment codifies an existing review
process, therefore there are no anticipated fiscal
or operational impacts associated with this
amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed
by Comprehensive Planning staff and may be
deemed consistent with the GMP.
ATTACHMENTS: A) Proposed Administrative Code Section
9.A.2.d
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Amend the LDC as follows:
1
10.02.03 - Requirements for Site Development, Site Improvement Plans and Amendments 2
thereof 3
4
A. Generally. 5
6
1. Purpose. The intent of this section is to ensure compliance with the appropriate 7
land development regulations prior to the issuance of a building permit. This 8
section is further intended to ensure that the proposed development complies 9
with fundamental planning an d design principles such as: consistency with the 10
county's growth management plan; the layout, arrangement of buildings, 11
architectural design and open spaces; the configuration of the traffic circulation 12
system, including driveways, traffic calming devices, parking areas and 13
emergency access; the availability and capacity of drainage and utility facilities; 14
and, overall compatibility with adjacent development within the jurisdiction of 15
Collier County and consideration of natural resources and proposed impac ts on 16
those resources. 17
18
2. Applicability. All development, except as identified in LDC section 10.02.03 A.3, 19
is subject to the provisions of this section. 20
21
a. No building permit or certificate of occupancy shall be issued except in 22
compliance with the following:approved site development plan, site 23
improvement plan, amendment thereof, or pursuant to an approved 24
Early Construction Authorization permit. 25
i. Approved site development plan or site improvement plan, and 26
amendment thereof; 27
28
ii. Approved nominal alteration plan; or 29
30
iii. Approved early construction authorization permit. 31
32
b. No final local development order shall be issued or renewed for any 33
regulated development that would allow development or change in use 34
in violation of the LDC. 35
36
c. All final local development orders issued in violation of the LDC are 37
deemed invalid, and shall not confirm or vest any development right or 38
property interest on the owner/operator or regulated development. 39
40
d. Violation of the terms identified in the approved site development plan, 41
site improvement plan, and amendments thereof shall constitute a 42
violation of the LDC. 43
44
45
* * * * * * * * * * * * * 46
47
E. Site Improvement Plan Requirements (SIP). 48
49
9.A.2.d
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1. Criteria for site improvement plan review. A site improvement plan may be 1
reviewed if the development proposal meets all of the following criteria: 2
3
a. The project involves a site which is currently improved with principal 4
structures, parking facilities, water and sewer services, and defined 5
ingress/egress. 6
7
b. The proposed use will not require an expansion of the existing 8
impervious areas to a degree which would require an engineering review 9
or otherwise affect on-site surface water management facilities as may 10
be documented by waiver letters from the South Florida Water 11
Management District or Collier County where applicable. 12
13
c. Written documentation from appropriate agencies acknowledging that 14
water and sewer services are available at the site and are adequate to 15
serve the proposed use. 16
17
d. Public utility ancillary systems in Collier County will be permitted as 18
insubstantial changes to the Site Development Plan or Site Improvement 19
Plan approved for the water treatment plant, wastewater treatment plant 20
or other facility to which the public utility ancillary systems are 21
subordinate, provided that the requirements of Section 5.05.12 are met. 22
More than one (1) ancillary use may be permitted with one (1) application 23
provided that all uses are connected by the same pipeline. The 24
insubstantial change submittal shall include a signed and sealed 25
boundary survey of the property or lease parcel; a copy of recorded deed 26
or lease agreement; a recent aerial photograph of the project area; a 27
master plan showing all public utility ancillary systems subordinate to the 28
main water treatment plant, wastewater treatment facility, or irrigation 29
quality (IQ) system; and a site plan prepared on a twenty-four inch by 30
thirty-six inch sheet drawn to scale and setting forth the following 31
information: 32
33
i. The project title, utility owner, address and telephone number. 34
35
ii. Legal description, scale, and north arrow. 36
37
iii. Zoning designation of the subject site(s) and adjacent sites and 38
the proposed use of the subject site. 39
40
iv. Location, configuration and dimensions of all building and lot 41
improvements. 42
43
v. Location and dimension of access point(s) to the site. 44
45
vi. Location of existing and proposed landscaping with 46
specifications as to size, quantity and type of vegetation. 47
48
vii. All required and provided setbacks and separations between 49
structures in matrix form. 50
51
9.A.2.d
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viii. Any additional relevant information as may be required by the 1
County Manager or designee. 2
3
e. The change does not otherwise qualify for a Nominal Alteration Plan 4
(NAP), identified in LDC section 10.02.03 G.3. 5
6
23. Application for site improvement plans. A pre -application meeting shall be 7
conducted by the County Manager or designee, prior to the submission of any 8
site improvement plan for review. This meeting may be waived by the County 9
Manager or designee upon the r equest of the applicant. 10
11
a. The Administrative Code shall establish the process and submittal 12
requirements for site improvement plans. 13
14
b. Projects subject to the provisions of LDC section 5.05.08 shall submit 15
architectural drawings that are signed and sealed by a licensed architect 16
registered in the State of Florida. 17
18
c. The engineering plans shall be signed and sealed by the applicant's 19
professional engineer, licensed to practice in the State of Florida. 20
21
d. The landscaping plans shall be signed and sealed by the applicant's 22
landscape architect, registered in the State of Florida. 23
24
34. Site improvement plan completion. Upon completion of the required 25
improvements associated with a site improvement plan, and prior to the 26
issuance of a certificate of occupancy, the applicant's engineer shall provide a 27
completion certificate as to the improvements, together with all applicable items 28
referenced in LDC section 10.02.05 B.2. Upon a satisfactory inspection of the 29
improvements, a certificate of occupancy may then be issued. 30
31
* * * * * * * * * * * * * 32
33
G. Amendments and insubstantial changes. Any proposed change or amendment to a 34
previously approved site development plan shall be subject to review and approval by 35
the County Manager or designee. Upon submittal of a plan clearly illustrating the 36
proposed change, the County Manager or designee shall determine whether or not it 37
constitutes a substantial change. In the event th e County Manager or designee 38
determines the change is substantial, the applicant shall be required to follow the 39
review procedures set forth for a new site development plan. 40
41
1. Site development plan amendments (SDPA). A substantial change, requiring a 42
site development plan amendment, shall be defined as any change which 43
substantially affects existing transportation circulation, parking or building 44
arrangements, drainage, landscaping, buffering, identified 45
preservation/conservation areas and other site development plan 46
considerations. 47
48
2. Site development plan insubstantial changes (SDPI). The County Manager or 49
designee shall evaluate the proposed change in relation to the following criteria; 50
for purposes of this section, the insubstantial change procedure shall be 51
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acceptable where the following conditions exist with respect to the proposed 1
change: 2
3
a. There is no South Florida Water Management District permit, or letter of 4
modification, needed for the work and there is no major impact on water 5
management as determined by the Engineering Services Director. 6
7
b. There is no new access proposed from any public street, however minimal 8
right-of-way work may be permitted as determined by the Transportation 9
Planning Director. 10
11
c. There is no addition to existing buildings (air-conditioned space) proposed, 12
however a maximum area of 300 square feet of non-air-conditioned space 13
used for storage, or to house equipment, will be permitted. 14
15
d. There is no proposed change in building footprint or relocation of any 16
building on site beyond that needed to accommodate storage areas as 17
described in LDC section 10.02.03 G.2.c, above. 18
19
e. The change does not result in an impact on, or reconfiguration of, preserve 20
areas as determined by the Natural Resource Director. 21
22
f. The change does not result in a need for additional environmental data 23
regarding protected species as determined by the Natural Resources 24
Director. 25
26
g. The change does not include the addition of any accessory structure that 27
generates additional traffic as determined by the Transportation Planning 28
Director, impacts water management as determined by the Engineering 29
Services Director, or contains air-conditioned space. 30
31
h. There are no revisions to the existing landscape plan that would alter or 32
impact the site development plan (as opposed to only the landscape plan) 33
as determined by the landscape architect. 34
35
i. The change does not otherwise qualify for a Nominal Alteration Plan 36
(NAP), identified in LDC section 10.02.03 G.3., below. 37
38
3. Nominal Alteration Plan (NAP). The NAP can be utilized for changes to projects 39
that have an existing and approved SDP or SIP, and to projects that do not have 40
an existing SDP or SIP. The NAP is limited to one or more of the following 41
changes: 42
43
a. The proposed change corrects a scrivener’s error to an existing and 44
approved site development plan, or site improvement plan, and does not 45
propose an addition to, or modification, of the site layout. This includes the 46
following: 47
48
i. Correction to the building square footage or building construction 49
type; 50
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1
ii. Correction to the parking summary; or 2
3
iii. Addressing changes. 4
5
b. The proposed addition or modification is limited to the following: 6
7
i. Mechanical air equipment and subsequent concrete pads; 8
9
ii. Permanent emergency generators; 10
11
iii. Above- or below-ground fuel tanks; or 12
13
iv. Carports or shade structures that do not increase impervious area 14
calculations. 15
16
* * * * * * * * * * * * * 17
# # # # # # # # # # # # # 18
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I.6 Nominal Alteration Plan (NA P )
Reference LDC section 10.02.03 G.3. and other provisions of the LDC.
Applicability This process provides for a nominal change to a site development plan (SDP), site
improvement plan (SIP), or to an existing site in which there is no site development plan.
A nominal alteration plan shall meet the criteria identified in LDC section 10.02.03 G.3.
Pre-Application A pre-application meeting is not required, but the applicant must obtain pre-submittal
authorization from the Development Review Division.
Initiation The applicant files an “Nominal Alteration Plan” application with the Development
Review Division.
See Chapter 1 D. for additional information regarding the procedu ral steps for
initiating an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Property information, including:
a. Project name;
b. Most recent approved Site Plan number;
c. Section, township, and range; and
d. Property identification number.
3. Addressing checklist.
4. Determination from the County Manager or designee that confirms the requested
revisions qualify for the Nominal Alteration Plan.
5. Cover letter describing in detail the proposed changes, including any discussions with
the assigned planner that may be pertinent to the review of the application.
7. Affidavit of Authorization.
8. Proposed Nominal Alteration Plan.
Plan Requirements Sheet size: The Nominal Alteration Plan and the cover sheet (if required), shall be
prepared on a maximum size sheet measuring 24 inches by 36 inches, showing the
areas affected by the change. The sheet must clearly show the change “clouded” and
clearly delineate the area and scope of the work to be done.
1. For projects that have an existing SDP or SIP, the NAP is only required to show the
plan sheets that have changed.
2. For projects that do not have an existing SDP or SIP, a cover sheet with the following
information is required:
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a. The project title;
b. Applicant contact information;
c. Name, address, and telephone number of property owner;
d. Zoning designation;
e. Vicinity map clearly identifying the location of the development and its
relationship to the surrounding community; and
f. Legal description; and
g. Property identification number(s) for the subject property.
Completeness and
Processing of
Application
See Chapter 1 D. for information regarding the completeness and processing steps of
the application.
Notice No notice is required.
Public Hearing No hearing is required.
Decision Maker The County Manager or designee may approve.
Review Process The Development Review Division will review the application, identify whether
additional materials are needed and approve, approve with conditions or deny the
application utilizing the criteria identified in the applicable LDC sections.
Updated
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190001341
SUMMARY OF AMENDMENT
This amendment clarifies the method of public notice for several petition
types that require a public hearing.
LDC SECTIONS TO BE AMENDED
10.03.06 Public Notice and Required Hearings for Land Use Petitions
ORIGIN
Growth Management
Department
HEARING DATES
BCC – TBD
CCPC – 11/21/19
DSAC – 8/09/19
DSAC-LDR –6/18/19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
TBD
BACKGROUND
This proposed LDC amendment makes the following changes to the Public Notice section:
1.) Update the term ‘regular’ growth management plan (GMP) amendments to now be referred to as
‘large-scale’ GMP amendments. This change is for clarity in amendment type and with terminology
used at the state level. This language has also been modified within the Administrative Code.
2.) Update LDC notice provisions for rezones, PUD amendments, and ordinances or resolutions for
comprehensive plan amendments. For each of the petition types, the LDC requires the County to
notify, by mail, each property owner within the area covered by the proposed ordinance or resolution.
The proposed LDC Amendment removes this requirement, as this is a duplicative provision.
3.) Remove public notice requirements for a PUD Extension, as the PUD sunsetting process has been
removed from the LDC, per Ordinance 2014-33.
DSAC-LDR Subcommittee Recommendation
The DSAC-LDR Subcommittee recommended approval of the proposed LDC amendment with minor
changes to the organization of LDC section 10.03.06 E.2.b.
DSAC Recommendation
The DSAC recommended approval of the proposed LDC amendment, as presented.
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FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed
by Comprehensive Planning staff and may be
deemed consistent with the GMP.
ATTACHMENTS: A) Proposed Administrative Code Updates
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Amend the LDC as follows:
1
10.03.06 - Public Notice and Required Hearings for Land Use Petitions 2
This section shall establish the requirements for public hearings and public notices. This section 3
shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 4
Code, which further establishes the public notice procedures for land use petitions. 5
6
A. Ordinance or resolution that is initiated by County or a private entity which does not 7
change the zoning atlas or actual list of uses in a zoning category but does affect the 8
use of land, including, but not limited to, land development code regulations as defined 9
in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly 10
referred to as a LDC amendment. 11
12
* * * * * * * * * * * * * 13
14
B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For 15
minor conditional use notice requirements see 10.03.06 C, below and for County 16
initiated rezonings, see 10.03.06 K.: 17
18
1. The following advertised public hearings are required: 19
20
a. One Planning Commission hearing. 21
22
b. One BCC or BZA hearing. 23
24
2. The following notice procedures are required: 25
26
a. A NIM. See LDC section 10.03.05 A. 27
28
b. Mailed Notice prior to the first advertised public hearing. 29
30
c. Newspaper Advertisement prior to each advertised public hearing in 31
accordance with F.S. § 125.66. 32
33
d. Posting of a sign prior to the first advertised public hearing. 34
35
e. For a rezoning or a PUD amendment the County shall notify by mail 36
each owner within the area covered by the proposed ordinance or 37
resolution of the time, place, and location of the public hearing before 38
the BCC or BZA. 39
40
* * * * * * * * * * * * * 41
D. PUD extension, cConditional use extension, or conditional use re-review: 42
43
1. The following advertised public hearings are required: 44
a. One BZA or Hearing Examiner hearing. 45
46
2. The following notice procedures are required: 47
48
a. Mailed Notice prior to the advertised public hearing. 49
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b. Newspaper Advertisement prior to the advertised public hearing. 1
2
c. Posting of a sign prior to the advertised public hearing. Signage is not 3
required for a conditional use re-review. 4
5
E. Ordinance or resolution for comprehensive plan amendments: 6
7
1. The following advertised public hearings are required: 8
9
a. One or more Planning Commission hearings pursuant to F.S. Chapter 10
163. 11
12
b. One or more BCC hearings pursuant to F.S. Chapter 163. 13
14
2. The following notice procedures are required: 15
16
a. Small-scale amendments: 17
i. A NIM. See LDC section 10.03.05 A., which shall be held after 18
the first set of staff review comments have been issued and prior 19
to the Planning Commission hearing. 20
21
ii. Mailed Notice prior to the advertised Planning Commission 22
hearing. 23
24
iii. Newspaper Advertisement prior to each advertised public 25
hearing. 26
27
iv. Posting of a sign prior to the advertised Planning Commission 28
hearing. 29
30
v. Mailed Notice shall be sent to each real property owner within the 31
area covered by the proposed plan amendment prior to the 32
advertised BCC public hearing. 33
34
b. RegularLarge-scale amendments: 35
36
i. A NIM, which shall be held after the first set of staff review 37
comments have been issued and prior to the Planning 38
Commission adoption hearing for a site specific amendment. 39
40
ii. Mailed Notice prior to the advertised Planning Commission 41
hearing for a site specific amendment. 42
43
iii. Newspaper Advertisement prior to each advertised public 44
hearing. 45
46
iv. Posting of a sign prior to the advertised Planning Commission 47
hearing for a site specific amendment. 48
49
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v. Mailed Notice shall be sent to each real property owner within the 1
area covered by the proposed plan amendment prior to the 2
advertised BCC public hearing. 3
i. For all large-scale amendments, a Newspaper Advertisement 4
prior to each advertised public hearing. 5
6
ii. For large-scale amendments that are site-specific, the additional 7
notice procedures are required: 8
9
a) A NIM. See LDC section 10.03.05 A. 10
11
b) Mailed Notice prior to the advertised Planning 12
Commission hearing. 13
14
c) Posting of a sign prior to the advertised Planning 15
Commission hearing. 16
* * * * * * * * * * * * * 17
# # # # # # # # # # # # # 18
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A. Comprehensive Plan Amendment
Reference F.S. § 163.3177 – 163.3187, 125.66 and LDC Public Notice subsection 10.03.06 E
and the Collier County Growth Management Plan (GMP).
Note: The Florida Department of Economic Opportunity (DEO) website
contains procedures, forms, and technical assistance regarding State of Florida
review and requirements. For State related Comprehensive Plan Amendment
information refer to: http://www.floridajobs.org/community-planning-and-
development/programs/comprehensive-planning.
Applicability This procedure applies to a request to amend the GMP whether initiated by the
County or a private landowner.
A comprehensive plan amendment does not authorize development.
There are several categories of plan amendments, including but not limited to:
• a. Small-Scale Amendment: A plan amendment that involves 10
acres or less and other criteria set out in F.S. § 163.3187(1).
o i. Generally, small-scale amendments are for maps and
may include text changes.
o ii. Small-scale amendments that involve 10 acres or less
may be site-specific amendments.
• b. Regular Large-Scale Amendment: A plan amendment that
changes the goals, objectives and policies; a map change; or any
other material in the plan, and falls within one of the categories
described in F.S. § 163.3184(2) and 163.3184(3).
o i. Regular Large-scale amendments may be site-specific
amendments.
• c. DRI Companion Amendment: A plan amendment that is directly
related to a DRI. This is processed concurrent with the DRI
application. See Chapter 3 D.3 of the Administrative Code for more
information.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an “Application for a Request to Amend the Collier County
Growth Management Plan” with the Comprehensive Planning Section of the
Planning and Zoning Division.
Application
Contents
The application shall include the draft amendment text and/or map amendment
and all data and supporting materials that justify the amendment.
Note: Refer to F.S. § 163.3163 et. seq. for State requirements.
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Completeness and
Processing of
Application
The Comprehensive Planning Department will review the application for
completeness. After submission of the completed application packet
accompanied with the required fee, the applicant will receive a mailed or
electronic response notifying the applicant that the petition is being processed.
Accompanying that response will be a receipt for the payment and the tracking
number (i.e., XXX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice –
Small-Scale
Amendment for
Map and/or Text
Changes
Notification requirements are as follows. See Chapter 8 of the Administrative
Code for additional notice information.
1. NIM: The NIM shall be held after the first set of review comments have been
issued and prior to the Planning Commission hearing. The NIM shall be
advertised and a mailed written notice shall be given to property owners in
the notification area at least 15 days prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the
notification area at least 15 days before the advertised Planning Commission
hearing.
3. Newspaper Advertisement: The legal advertisements shall be published at
least 15 days before the Planning Commission and BCC public hearings dates
in a newspaper of general circulation. The advertisements shall include at a
minimum:
• a. Clear explanation of the proposed ordinance or resolution as it
affects the subject property;
• b. Date, time, and location of one or more public hearings; and
• c. 2 in. x 3 in. map of the project location.; and
• The required advertisements must be at least 2 columns wide by 10
inches long, in a standard size or a tabloid size newspaper, and the
headline in the advertisements must be in a type no smaller than 18
point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements
appear. The advertisements shall be placed in a newspaper of
general paid circulation.
4. Sign: (see format below) Posted at least 15 days prior to the advertised
Planning Commission hearing.
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Notice –
Large-Scale
Amendment for
Site-Specific
Amendment
Notification requirements are as follows. See Chapter 8 of the Administrative
Code for additional notice information.
1. NIM: The NIM shall be held after the first set of staff review comments have
been issued and prior to the completed at least 15 days before the first
advertised Planning Commission adoption hearing. The NIM shall be
advertised and a mailed written notice shall be given to property owners in
the notification area at least 15 days prior to the NIM meeting. The NIM is
only for site-specific amendments.
2. Mailed Notice: Written notice shall be sent to property owners in the
notification area at least 15 days before the advertised Planning Commission
hearing.
3. Newspaper Advertisements: The legal advertisements shall be published at
least 15 days before the Planning Commission and BCC transmittal and
adoption public hearings in a newspaper of general circulation. The
advertisement shall include at a minimum:
• a. Clear explanation of the proposed ordinance or resolution as it
affects the subject property;
• b. Date, time, and location of one or more public hearings; and
• c. 2 in. x 3 in. map of the project location., if site specific; and
• The required advertisements must be at least 2 columns wide by 10
inches long, in a standard size or a tabloid size newspaper, and the
headline in the advertisement must be in a type no smaller than 18
point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements
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appear. The advertisements shall be placed in a newspaper of
general paid circulation.
4. Mailed Notice: The County shall send written notice by mail to each real
property owner within the area covered by the proposed plan amendment at
least 15 days before the advertised BCC public hearing date.
54. Sign: (see format below) Posted at least 15 days prior to the advertised public
hearings. Two distinct signs shall be posted for the transmittal hearings and
the adoption hearings. The first sign shall be posted before the first Planning
Commission hearing on the GMP transmittal to DEO. A second sign shall be
posted before the Planning Commission hearing on the GMP adoption.
Notice –
Regular Large-
Scale Amendment
Not Site-Specific
Notification requirements are as follows. See Chapter 8 of the Administrative
Code for additional notice information.
1. Newspaper Advertisements: The legal advertisements shall be published at
least 15 days before the Planning Commission and BCC transmittal and
adoption public hearings in a newspaper of general circulation. The
advertisement shall include at a minimum:
• a. Clear explanation of the proposed ordinance or resolution as it
affects the subject property; and
• b. Date, time, and location of one or more public hearings.;
• 2 in. x 3 in. map of the project location; and
• The required advertisements must be at least 2 columns wide by 10
inches long, in a standard size or a tabloid size newspaper, and the
headline in the advertisement must be in a type no smaller than 18
point. The advertisement shall not be placed in a portion of the
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newspaper where legal notices and classified advertisements
appear. The advertisements shall be placed in a newspaper of
general paid circulation.
Public Hearings
for Small-Scale
Amendment
1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
Public Hearing for
Regular Large-
Scale Amendment
Regular Large-Scale Amendments require two sets of public hearings, transmittal
hearings and adoption hearings.
1. Transmittal Public Hearings:
• a. The EAC shall hold at least 1 advertised public hearing, if
required.
• b. The Planning Commission shall hold at least 1 advertised public
hearing.
• c. The BCC shall hold at least 1 advertised transmittal public
hearing.
2. Adoption Public Hearings:
• a. The EAC shall hold at least 1 advertised public hearing, if
required.
• b. The Planning Commission shall hold at least 1 advertised public
hearing.
• c. The BCC shall hold at least 1 advertised adoption public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the
Planning Commission.
Review Process 1. Transmittal of Amendment to DEO:
• a. The Comprehensive Planning Section will review the application,
identify whether additional materials are needed, prepare a Staff
Report, and schedule a hearing date before the EAC, if required, and
the Planning Commission to present the petition for review.
• b. Following the recommendation by the Planning Commission, the
Comprehensive Planning Section will prepare an Executive Summary
and schedule a hearing date before the BCC to present the petition
for review.
• c. Small-Scale Amendments are not subject to a review by DEO and
may be adopted by the BCC at the first advertised public hearing. A
Regular Large-scale Amendment is reviewed by the BCC at a
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transmittal hearing and if approved, the amendment is sent to DEO
and other review agencies for review in accordance with F.S. §
163.3184(3) and (4).
2. Adoption of Amendment:
• a. Following review by DEO and other review agencies, the
Comprehensive Planning Section will prepare a Staff Report, and
schedule a hearing date before the EAC, if required, and the Planning
Commission to present the amendment and comments from DEO
and other review agencies for review. Following the
recommendation by the EAC, if required, and the Planning
Commission, the Comprehensive Planning Section will prepare an
Executive Summary and schedule an adoption hearing before the
BCC. If the amendment is adopted, the amendment is sent to DEO
and the review agencies in accordance with F.S. § 163.3184(3) and
(4).
Criteria The plan amendment must be consistent with the applicable portions of the
Collier County Growth Management Plan, F.S. § 163.3164, et seq., the State
Comprehensive Plan, and the Southwest Florida Strategic Regional Policy Plan
published by the Southwest Florida Regional Planning Council.
Effective Date See F.S. § 163.3184(3) and (4).
See F.S. § 163.3191 if the plan amendment is an update that results from an
evaluation and appraisal report.
Appeals Affected persons may file an administrative challenge as described in F.S. §
163.3184(5).
Small-scale amendments may be administratively challenged pursuant to F.S. §
163.3187(5) (a).
Updated
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002003
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC 11-21-19
DSAC 10-02-19
DSAC-LDR 09-17-19
SUMMARY OF AMENDMENT
This amendment corrects scrivener’s errors, cross references from
previously approved LDC amendments and updates the current Clerk of
Court’s signatory block for standard performance security documents,
plats and required certifications.
LDC SECTIONS TO BE AMENDED
2.03.05 Civic and Institutional Zoning Districts
2.03.07 Overlay Zoning Districts
2.03.08 Rural Fringe Zoning Districts
4.06.02 Buffer Requirements
5.03.06 Dock Facilities
9.04.04 Specific Requirements for Minor After-the-Fact Encroachment
APPENDIX A Standard Performance Security Documents for Required
Improvements
APPENDIX C Final Subdivision Plat, Required Certifications and
Suggested Text and Formats for other Required Information
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
TBD
BACKGROUND
This amendment corrects scrivener’s errors and cross references in the following sections:
LDC section 2.03.05 B.1.a.5: The permitted use, “continuing care residential community” for the
Community Facility District should read “continuing care retirement community” which is the same use
allowed for in commerical zoning districts.
LDC section 2.03.07 G.7.e.xiii: The cross references to LDC section 4.05.04 “H” and “G.2” are in error.
There is no subsection “H’ and should read 4.05.04 “G”. Additionally, the cross reference to LDC
section 4.05.04 “G.2” should read LDC section 4.05.04 “F.4” which does authorizes the County Manager
or Designee to determine minimum parking requirements for a use not referenced in Table 17 or for a
required parking ratio to be modified.
LDC sections 2.03.08 A.2.a.4.b.ii.a.iv and 2.03.08 A.2.a.b.ii.b.v: The cross reference to LDC section
4.02.01 should read LDC section 4.02.03. Presently, the referenced section relates to “Specific Standards
for Location of Accessory Buildings and Structures” and instead should reference “ Dimensional
Standards for Principal Uses in Base Zoning District”.
LDC section 2.03.08 A.4.b.2.a: The words “Essential Uses” should read “Essential Services” which is
consistent with LDC section 2.03.08 A.4.a.3.a. In LDC section 2.03.08 A.4.b.: The words “Uses
Allowed” are changed to “Allowable Uses” which is consistent with LDC subsections 2.03.08 A.2.a.3
and 2.03.08 A.2.b.1.
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LDC section 4.06.02 B: The cross reference to LDC section 4.06.05 G should read LDC section 4.06.05
H. The removal of prohibited exotic material plant is not dependent upon sites adding buffers or buffer
plantings, however they are required to be removed during site clearing per LDC section 3.05.08
“Requirement for Removal of Prohibited Exotic Vegetaion”. The installation and selection requirements
for plant materials in buffers are standards to be met when buffers are required.
LDC sections 5.03.06 E.12, 13, and14: When LDC was recodified by Ordinance 04-41, three categories
where erroneously listed as applicable standards to all dock facilities rather than as categories that pertain
to the “Manatee Awareness and Protection Plan” submittal requirements for multi-slip docking facilities
with 10 or more slips. The correction clarifies its applicablity and consistency with the LDC
recommendations established by the Board’s adoption of the Collier County’s Manatee Protection Plan,
Section 3.2.1.1, in 1995 as prepared by the Natural Resource Department. (See Exhibit A)
LDC section 9.04.04: When Ordinance 18-18 was adopted, the LDC amendment had erroneously
referenced LDC section 4.02.02, “Dimension Standards for Conditional Uses and Accessory Uses in
Base Zoning Districts.” The correct reference is LDC section 4.02.03, “Specific Standards for Location
of Accessory Buildings and Structures” which does provide for structure to structure separation
requirements.
APPENDIX A and C: The signature block and name for the Clerk of Court is updated and replaced with
a generic placeholder name which is consistent with the placeholder name for the Chairman of the Board
of County Commissioners. DSAC had reviewed and approved an early draft amendment that only
included Appendix C. The County Attorney’s Office has recommended the signature block and name
for the Clerk of Court also be updated for Appendix A. Appendix A required forms are updated.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Excerpt of 1995 Collier County Manatee Protection Plan
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1 Amend the LDC as follows:
2
3 2.03.05 Civic and Institutional Zoning Districts
4
5 B. Community Facility District (CF). The purpose and intent of (CF) district is to implement
6 the GMP by permitting nonresidential land uses as generally identified in the urban
7 designation of the future land use element. These uses can be characterized as public
8 facilities, institutional uses, open space uses, recreational uses, water-related or
9 dependent uses, and other such uses generally serving the community at large. The
10 dimensional standards are intended to insure compatibility with existing or future nearby
11 residential development. The CF district is limited to properties within the urban mixed
12 use land use designation as identified on the future land use map.
13 1. The following uses are permitted as of right, or as accessory or conditional uses,
14 in the community facility district (CF).
15 a.Permitted uses.
16 * * * * * * * * * * * * *
17 5. Nursing homes, assisted living facilities (ALF) pursuant to §
18 400.402 F.S. and ch. 58A-5 F.A.C., family care facilities, group
19 care facilities (category I) and continuing care residential
20 retirement communities pursuant to § 651 F.S. and ch. 4-193
21 F.A.C. all subject to LDC section 5.05.04.
22 * * * * * * * * * * * * *
23 # # # # # # # # # # # # #
24
25 2.03.07 Overlay Zoning Districts
26 * * * * * * * * * * * * *
27 G.Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
28 distinct subdistricts for the purpose of establishing development criteria suitable for the
29 unique land use needs of the Immokalee Community. The boundaries of the Immokalee
30 Urban Overlay District are delineated on the maps below.
31 * * * * * * * * * * * * *
32 7.Interim Deviations: Property owners within the Immokalee Urban Overlay District
33 may request deviations from specific dimensional requirements as described in
34 this section. A deviation request may be reviewed administratively or by the
35 Planning Commission depending upon its scope. This section addresses the
36 permissible deviations, limitations thereon, and the review process.
37 * * * * * * * * * * * * *
38 e. Applicability - List of Development Standards Eligible for Deviation
39 Requests. Property owners shall be eligible to seek a deviation from the
40 dimensional requirements of the following Code provisions LDC sections,
41 unless otherwise noted.
42 * * * * * * * * * * * * *
43 xiii. 4.05.04 H G (Spaces Required) Table 17 and 4.05.06 B Loading
44 Space Requirements, utilizing the existing administrative deviation
45 process set forth in LDC section 4.05.04 G.2. F.4, recognizing that
46 the reduced need for off-street parking in Immokalee may be
47 offered as a viable basis for such administrative deviation.
48 * * * * * * * * * * * * *
49 # # # # # # # # # # # # #
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1 2.03.08 Rural Fringe Zoning Districts
2
3 A. Rural Fringe Mixed-Use District (RFMU District)
4 * * * * * * * * * * * * *
5 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU
6 district that have been identified as being most appropriate for development and
7 to which residential development units may be transferred from RFMU sending
8 lands. Based on the evaluation of available data, RFMU receiving lands have a
9 lesser degree of environmental or listed species habitat value than RFMU
10 sending lands and generally have been disturbed through development or
11 previous or existing agricultural operations. Various incentives are employed to
12 direct development into RFMU receiving lands and away from RFMU sending
13 lands, thereby maximizing native vegetation and habitat preservation and
14 restoration. Such incentives include, but are not limited to: the TDR process;
15 clustered development; density bonus incentives; and, provisions for central
16 sewer and water. Within RFMU receiving lands, the following standards shall
17 apply, except as noted in subsection 2.03.08 A.1. above, or as more specifically
18 provided in an applicable PUD.
19 * * * * * * * * * * * * *
20 a. Outside rural villages.
21 * * * * * * * * * * * * *
22 (4) Design Standards.
23 * * * * * * * * * * * * *
24 (b) Clustered development:
25 * * * * * * * * * * * * *
26 ii. Minimum yard requirements:
27 a) s Single- f Family. Each single-family
28 lot or parcel minimum yard
29 requirement shall be established
30 within an approved PUD, or shall
31 comply with the following standards:
32 i) Front: 20 feet (Note front
33 yard S set back may be
34 reduced to 10 feet where
35 parking for the unit is
36 accessed via a rear alley).
37 ii) Side: 6 feet.
38 iii) Rear: 15 feet.
39 iv) Accessory: Per LDC section
40 4.02.01 4.02.03.
41 * * * * * * * * * * * * *
42 b)m Multi- f Family. For each multi-
43 family lot or parcel minimum yard
44 shall be established within an
45 approved PUD, or shall comply with
46 the following standards:
47 * * * * * * * * * * * * *
48 v) Accessory: Per LDC section
49 4.02.01 4.02.03.
50 * * * * * * * * * * * * *
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1 4. RFMU sending lands. RFMU sending lands are those lands that have the
2 highest degree of environmental value and sensitivity and generally include
3 significant wetlands, uplands, and habitat for listed species. RFMU sending lands
4 are the principal target for preservation and conservation. Density may be
5 transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c.
6 All NRPAs within the RFMU district are also RFMU sending lands. With the
7 exception of specific provisions applicable only to NBMO neutral lands, the
8 following standards shall apply within all RFMU sending lands:
9 * * * * * * * * * * * * *
10 b. Uses allowed Allowable uses where TDR credits have been severed.
11 * * * * * * * * * * * * *
12 (2) Conditional uses:
13 (a) Those E essential Uses services identified in LDC section
14 2.01.03 G.2 and 4.
15 * * * * * * * * * * * * *
16 # # # # # # # # # # # # #
17
18 4.06.02 Buffer Requirements
19 * * * * * * * * * * * * *
20 B.Methods of determining buffers. Where a property adjacent to the proposed use is: (1)
21 undeveloped, (2) undeveloped but permitted without the required buffering and
22 screening required pursuant to this Code, or (3) developed without the buffering and
23 screening required pursuant to this Code, the proposed use shall be required to install
24 the more opaque buffer as provided for in table 2.4. Where property adjacent to the
25 proposed use has provided the more opaque buffer as provided for in table 2.4, the
26 proposed use shall install a type A buffer.
27
28 Where the incorporation of existing native vegetation in landscape buffers is determined
29 as being equivalent to or in excess of the intent of this Code, the planning services
30 director may waive the planting requirements of this section.
31
32 Buffering and landscaping between similar residential land uses may be incorporated
33 into the yards of individual lots or tracts without the mandatory creation of separate
34 tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an
35 easement for buffering and landscaping.
36
37 The buffering and screening provisions of this Code shall be applicable at the time of
38 planned unit development (PUD), preliminary subdivision plat (PSP), or site
39 development plan (SDP) review, with the installation of the buffering and screening
40 required pursuant to LDC section 4.06.05 G. H. If the applicant chooses to forego the
41 optional PSP process, then signed and sealed landscape plans will be required on the
42 final subdivision plat. Where a more intensive land use is developed contiguous to a
43 property within a similar zoning district, the planning services director may require
44 buffering and screening the same as for the higher intensity uses between those uses.
45 * * * * * * * * * * * * *
46 # # # # # # # # # # # # #
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1 5.03.06 Dock Facilities
2 * * * * * * * * * * * * *
3 E. Standards for dock facilities. The following criteria apply to dock facilities and boathouses,
4 with the exception of dock facilities and boathouses on manmade lakes and other
5 manmade bodies of water under private control.
6 * * * * * * * * * * * * *
7 11. Multi-slip docking facilities with 10 or more slips will be reviewed for consistency
8 with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by
9 the DEP. If the location of the proposed development is consistent with the MPP,
10 then the developer shall submit a "Manatee Awareness and Protection Plan,"
11 which shall address, but not be limited to, the following categories:
12 a. Education and public awareness.
13 b. Posting and maintaining manatee awareness signs.
14 12.c. Information on the type and destination of boat traffic that will be
15 generated from the facility.
16 13.d.Monitoring and maintenance of water quality to comply with state
17 standards.
18 14.e. Marking of navigational channels, as may be required.
19 # # # # # # # # # # # # #
20
21 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment
22
23 Minor after-the-fact yard encroachments for structures, including principal and accessory
24 structures, may be approved administratively by the County Manager or designee. Exceptions to
25 required yards as provided for within LDC section 4.02.01 D. shall not be used in the calculations
26 of existing yard encroachments.
27 * * * * * * * * * * * * *
28 B. For both residential and non-residential structures, the County Manager or
29 designee may administratively approve minor after-the-fact yard encroachments
30 of up to ten percent of the required yard with a maximum of two feet when a
31 building permit and certificate of occupancy has been granted. The encroachment
32 applies to the yard requirement in effect as of the date the building permit was
33 issued.
34 1. Exception. Residential structures shall be deemed compliant with the
35 applicable development standards and no variance shall be required when
36 the following additional conditions apply:
37 a. The building permit and certificate of occupancy were approved in
38 compliance with the required setbacks in effect at that time;
39 b. The encroachment does not exceed three inches into the required
40 yard;
41 c. The only portion of the structure encroaching into the required yard
42 is the exterior wall treatment; and
43 d. The required structure to structure separation, as identified in LDC
44 section 4.02.02 4.02.03, is satisfied.
45 * * * * * * * * * * * * *
46 # # # # # # # # # # # # #
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1 APPENDIX A- STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED
2 IMPROVEMENTS
3
4 The following specimen forms are to be used as a guide for preparation of bonding
5 instruments which will be submitted to the Collier County Board of County Commissioners for
6 guaranteeing the completion of required improvements with respect to this Code. Adherence to
7 the forms will assure an expeditious review by the Development Services Division and the
8 Collier County Attorney's Office. Deviation in substance or form from the suggested specimen
9 forms may result in a substantial delay or disapproval of the bonding provisions for Required
10 Improvements by the Development Services Division or the County Attorney's Office. These
11 specimen forms may be revised from time to time by resolution of the Board of County
12 Commissioners.
13
14 Appendix A consists of the following specimen forms:
15 * * * * * * * * * * * * *
16 A.1. Subdivision Improvements
17 * * * * * * * * * * * * *
18 c. The Construction, Maintenance and Escrow Agreement for Subdivision
19 Improvements shall be substantially as follows:
20 * * * * * * * * * * * *
21 IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this
22 Agreement to be executed by their duly authorized representatives this _______ day of
23 _________, 20_______.
24 * * * * * * * * * * * * *
25 ATTEST:
DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ______________, Deputy Clerk By: ____________, Chairman
Approved as to form and legality.
____________
Assistant County Attorney
26 * * * * * * * * * * * * *
27 d. The Construction and Maintenance Agreement for Subdivision Improvements
28 shall be substantially as follows:
29 * * * * * * * * * * * *
30 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
31 executed by their duly authorized representatives this _______ day of _________, 20_______.
32 * * * * * * * * * * * * *
33 ATTEST:
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DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ______________, Deputy Clerk By: ____________, Chairman
Approved as to form and legality.
____________
Assistant County Attorney
1 * * * * * * * * * * * * *
2 A.2. Excavation Improvements
3 * * * * * * * * * * * * *
4 c. The Performance Agreement for Excavation shall be substantially as follows:
5 * * * * * * * * * * * *
6 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
7 executed by their duly authorized representatives this _______ day of _________, 20_______.
8 * * * * * * * * * * * * *
9 ATTEST:
DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ______________, Deputy Clerk By: ____________, Chairman
Approved as to form and legality.
____________
Assistant County Attorney
10 * * * * * * * * * * * * *
11 A.3. Early Work Improvements
12 * * * * * * * * * * * * *
13 c. The Performance Agreement for Early Work shall be substantially as follows:
14 * * * * * * * * * * * *
15 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
16 executed by their duly authorized representatives this _______ day of _________, 20_______.
17 * * * * * * * * * * * * *
18 ATTEST:
DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ______________, Deputy Clerk By: ____________, Chairman
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Approved as to form and legality.
____________
Assistant County Attorney
1 * * * * * * * * * * * * *
2 A.4. Site Development Plan Improvements
3 * * * * * * * * * * * * *
4 c. The Performance Agreement for Site Development shall be substantially as
5 follows:
6 * * * * * * * * * * * *
7 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
8 executed by their duly authorized representatives this _______ day of _________, 20_______.
9 * * * * * * * * * * * * *
10 ATTEST:
DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ______________, Deputy Clerk By: ____________, Chairman
Approved as to form and legality.
____________
Assistant County Attorney
11 * * * * * * * * * * * * *
12 # # # # # # # # # # # # #
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1 APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND
2 SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION
3 * * * * * * * * * * * * *
4 COUNTY COMMISSION APPROVAL
5
6 STATE OF FLORIDA
7 COUNTY OF COLLIER
8
9 THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING
10 BY THE BOARD OF COUNTYCOMMISSIONERS OF COLLIER COUNTY,
11 FLORIDA, THIS ________ DAY OF ________, 20___, PROVIDED THAT THE
12 PLAT IS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF
13 COLLIER COUNTY, FLORIDA.
14
DWIGHT E. BROCK (Name of Clerk)(Name of Chairman), CHAIRMAN
CLERK OF CIRCUIT COURT IN AND
FOR COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
15
16 FILING RECORD
17
18 I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND
19 THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER
20 177, FLORIDA STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS
21 FILED FOR RECORD AT _______ (a.m. or p.m.) THIS ________ DAY OF
22 ________,20 ___, AND DULY RECORDED IN PLAT BOOK ________ PAGE(S)
23 ________, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
24 FLORIDA.
25
26 DWIGHT E. BROCK (Name of Clerk)
27 CLERK OF CIRCUIT COURT
28 IN AND FOR COLLIER COUNTY
29 * * * * * * * * * * * * *
30 # # # # # # # # # # # #
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11/21/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.3
Item Summary: An Ordinance of the Board of County Commissioners of Collier County, Florida,
Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of Collier County, Florida; to
clarify that the minimum floor area for commercial uses, mixed -uses and apartments in the Bayshore
Gateway Triangle Redevelopment Area does not apply to guest rooms in hotels; by providing for Section
One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter Four – Site Design and
Development Standards, including Section 4.02.16 Design Standards for Development in the Bayshore
Gateway Triangle Redevelopment Area; Section Four, Conflict and Severability; Section Five, Inclusion
in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Jeremy
Frantz, AICP, LDC Manager]
Meeting Date: 11/21/2019
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
10/18/2019 4:59 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
10/18/2019 4:59 PM
Approved By:
Review:
Zoning Ray Bellows Review Item Completed 10/18/2019 5:04 PM
Zoning Camden Smith Review Item Completed 10/22/2019 10:05 AM
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 10/23/2019 10:57 AM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 11/05/2019 2:34 PM
Growth Management Department James C French Review Item Completed 11/05/2019 5:02 PM
Zoning Ray Bellows Review Item Completed 11/05/2019 5:42 PM
Planning Commission Mark Strain Meeting Pending 11/21/2019 9:00 AM
9.A.3
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002265
SUMMARY OF AMENDMENT
This amendment clarifies that the minimum floor area for commercial in
the Bayshore Gateway Triangle Redevelopment Area does not apply to the
size of a hotel room.
LDC SECTION TO BE AMENDED
4.02.16 Design Standards for Development in the Bayshore Gateway
Triangle Redevelopment Area
ORIGIN
Board of County
Commissioners
HEARING DATES
BCC TBD
CCPC 11/21/19
DSAC 10/02/19
DSAC-LDR 09/17/19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
TBD
BACKGROUND
At the Board’s September 10, 2019, meeting, Staff was directed to clarify the dimensional requirements
related to the minimum floor area for commercial in the Bayshore Gateway Triangle Redevelopment
Area (See agenda item 12.A).
Staff’s position is that this commercial dimensional requirement of 700 square feet per unit does not
apply to a hotel guest room (or any particular room in any commercial building for that matter). It should
be noted that no other zoning district in the County contemplates a 700 square foot requirement for hotel
guest rooms.
The County has not historically applied the 700 square foot minimum to guest rooms in hotels. In fact,
the County recently approved a hotel in the same GTMUD-MXD zoning overlay with guest room sizes
between 259 and 360 square feet.
DSAC Recommendation:
The DSAC-LDR Subcommittee reviewed the amendment on September 17, 2019, and unanimously
recommended approval of the amendment.
During the DSAC-LDR Subcommittee’s discussion, the following additional recommendations were
made:
• Staff should provide further clarification of the language regarding minimum unit sizes as it
relates to dwelling units.
• Staff should provide clarification regarding the minimum size of guest rooms in hotels.
• Staff should return to the next DSAC-LDR subcommittee meeting to discuss the definition of the
term “mixed-use” as used in LDC section 4.02.16 B. Table 7, Note 7. It was noted that it may
not have been the intent of the district to allow the maximum building height if a sufficient mix
of uses is not provided.
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These issues are not addressed in the amendment since this amendment is intended to be narrow in scope.
Staff suggests these issues should be addressed through a separate amendment process.
The DSAC reviewed the amendment on October 2, 2019, and unanimously recommended approval of
the amendment and supported the DSAC-LDR Subcommittee’s additional recommendations.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
amendments related to this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: None.
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Amend the LDC as follows:
4.02.16 – Design Standards for Development in the Bayshore Gateway Triangle 1
Redevelopment Area 2
3
A. Dimensional and Design Standards for the BMUD. 4
5
1. Neighborhood Commercial Subdistrict (BMUD-NC). 6
7
a. Specific District Provisions: 8
9
i. Maximum Density: 12 units per acre comprised of density allowed 10
by the underlying zoning district and available density bonuses. 11
12
ii. Lot and building dimensional requirements for new development 13
are provided below. These requirements shall be based on the 14
building type of the principal structure(s) as described in section 15
4.02.16 D., Building Types and Architectural Standards. 16
17
Table 1. Dimensional Requirements in the BMUD-NC 18
House 1 Rowhouse 2 Apartment Mixed-Use Commercial Civic &
Institutional
Min. Lot Width (ft) 50 25 3 100 100 100 5 100
Min. Front Yard (ft) 10 10 10 5 5 10
Max. Front Yard (ft) 20 15 20 20 20 20
Min. Side Yard (ft) 5 5 5 5 5 10
Min. Rear Yard (ft) 15 15 20 20 20 20
Waterfront Yard (ft) 25 25 25 25 25 25
Min. Floor Area (sq ft) 700 700 700
per unit 6
700
per unit 6
700
per unit 6 n/a
Min. Building
Separation n/a n/a 10 10 10 10
Max. Building Height
(ft) 4 42 42 42 56 56 42
19
Notes: 20
21
1 See 4.02.16.A.7 regarding Duplexes. 22
23
2 See 4.02.16.A.7 regarding Two-Family Dwellings. 24
25
3 Applies to individual unit. 26
27
4 Zoned Height of Building. 28
29
5 Property zoned C-3 shall have a minimum lot width of 75 feet. 30
31
6 Not applicable to guest rooms in hotels. 32
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1
2. Waterfront Subdistrict (BMUD-W). 2
3
a. Specific District Provisions: 4
5
i. Maximum Density: 12 units per acre comprised of density allowed 6
by the underlying zoning district and available density bonuses. 7
8
ii. Lot and building dimensional requirements for new development 9
are provided below. These requirements shall be based on the 10
building type of the principal structure(s) as described in section 11
4.02.16 D., Building Types and Architectural Standards. 12
13
Table 2. Dimensional Requirements in the BMUD-W 14
House 1 Rowhouse 2 Apartment Mixed-Use Commercial Civic &
Institutional
Min. Lot Width (ft) 50 25 3 100 100 100 5 100
Min. Front Yard (ft) 10 10 10 5 5 10
Max. Front Yard (ft) 20 15 20 20 20 20
Min. Side Yard (ft) 5 5 5 5 5 10
Min. Rear Yard (ft) 15 15 20 20 20 20
Waterfront Yard (ft) 25 25 25 25 25 25
Min. Floor Area (sq ft) 700 700 700
per unit 6
700
per unit 6
700
per unit 6 n/a
Min. Building
Separation n/a n/a 10 10 10 10
Max. Building Height
(ft) 4 42 42 42 56 56 42
15
Notes: 16
17
1 See 4.02.16.A.7 regarding Duplexes. 18
19
2 See 4.02.16.A.7 regarding Two-Family Dwellings. 20
21
3 Applies to individual unit. 22
23
4 Zoned Height of Building. 24
25
5 Property zoned C-3 shall have a minimum lot width of 75 feet. 26
27
6 Not applicable to guest rooms in hotels. 28
29
* * * * * * * * * * * * * 30
31
B. Dimensional and Design Standards for the GTMUD. 32
33
1. Mixed Use Subdistrict (GTMUD-MXD). 34
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a. Specific District Provisions: 2
3
i. Maximum Density: 12 units per acre comprised of density allowed 4
by the underlying zoning district and available density bonuses. 5
6
ii. Lot and Building Dimensional Requirements: Lot and building 7
dimensional requirements for new development are provided 8
below. These requirements shall be based on the building type of 9
the principal structure(s) as described in section 4.02.16 D., 10
Building Types and Architectural Standards. 11
12
Table 7. Dimensional Requirements in the GTMUD-MXD 13
House 1 Rowhouse 2 Apartment Mixed-Use Commercial Civic &
Institutional
Min. Lot Width (ft) 50 25 3 100 100 100 5 100
Min. Front Yard (ft) 10 10 10 6.5 6 6.5 6 10
Min. Side Yard (ft) 7.5 5 7.5 10 10 10
Min. Rear Yard (ft) 15 15 20 5 5 15
Min. Waterfront
Setback (ft) 25 25 25 25 25 25
Min. Floor Area (sq
ft) 1,100 1,000 750
per unit 8
700
per unit 8
700
per unit 8 n/a
Min. Building
Separation n/a n/a 10 10 10 10
Max. Building Height
(ft) 4 42 42 42 56 7 56 7 42
14
Notes: 15
1 See 4.02.16.B.3 regarding Duplexes. 16
17
2 See 4.02.16.B.3 regarding Two-Family Dwellings. 18
19
3 Applies to individual unit. 20
21
4 Zoned Height of Building. 22
23
5 Property zoned C-3 shall have a minimum lot width of 75 feet. 24
25
6 Development in the Mini-Triangle Area of the GTMUD-MXD subdistrict shall have a 26
maximum setback of 20 feet. 27
28
7 MUPs in the Mini-Triangle Area of the GTMUD-MXD subdistrict shall have a maximum 29
zoned building height of 112 feet. 30
31
8 Not applicable to guest rooms in hotels. 32
33
# # # # # # # # # # # # # 34
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11/21/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.4
Item Summary: An Ordinance of the Board of County Commissioners of Collier County, Florida,
Amending Ordinance Number 2019-01, as amended, The State of Florida Model Floodplain Management
Ordinance and, specifically section eleven (11-B); “Temporary Emergency Housing”, and amending
Ordinance 2006-35, as amended, The Post-Disaster Recovery Ordinance, specially section seven (7-3.a);
“Determination of Damage, Buildback Policy, Moratoria, Emergency Repairs, and Emergency Permitting
System” in order to allow additional time extensions for the placement of temporary emergency housing;
providing for Conflict and Severability, providing for Inclusion into the Code of Laws and Ordinances,
and providing for an Effective Date. [Coordinator: Richard Henderlong, MPA, Principal Planner]
Meeting Date: 11/21/2019
Prepared by:
Title: Planner, Principal – Growth Management Development Review
Name: Richard Henderlong
11/06/2019 1:20 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
11/06/2019 1:20 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 11/07/2019 11:31 AM
Zoning Ray Bellows Review Item Completed 11/07/2019 1:21 PM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 11/07/2019 4:26 PM
Zoning Camden Smith Review Item Completed 11/08/2019 1:53 PM
Growth Management Department James C French Review Item Completed 11/08/2019 4:50 PM
Zoning Ray Bellows Review Item Completed 11/13/2019 10:18 AM
Planning Commission Mark Strain Meeting Pending 11/21/2019 9:00 AM
9.A.4
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CODE OF LAWS AND ORDINANCES AMENDMENT
PETITION
PL20190001899
SUMMARY OF AMENDMENT
This amendment seeks to assist and streamline post disaster recovery
efforts for permanent home owners that require an extension for an onsite
temporary emergency housing permit after the Board’s declaration of
emergency. The amendment shall allow an administrative approval by the
County Manager or designee, to extend a temporary use permit for six
months periods until a certificate of occupancy has been issued.
CODE OF LAWS AND ORDINANCES SECTION TO BE
AMENDED
62-79 Temporary Emergency Housing
38-07 Determination of Damage, Buildback Policy, Moratoria,
Emergency Repairs, and Emergency Permitting System
ORIGIN
Planning Commission
HEARING DATES
BCC TBD
CCPC 11-21-19
DSAC 10-02-19
DSAC-LDR 09-17-19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approved
DSAC
Approved
CCPC
TBD
BACKGROUND
When Ordinance 2019-09 was adopted by the Board on June 11, 2019, the Plantation Island Overlay
District (PIO) was established with a new use to allow single family homes to be constructed within
Plantation Island.
At the Neighborhood Information Hearing of November 15, 2018 in Everglades City, some residents
requested there be an allowance to live in a recreational vehicle until their home was rebuilt. During the
public vetting process, the Collier County Planning Commission received comments from Plantation
Island and Chokoloskee Island area residents who had experienced difficulty with completing their
permanent home construction because of uncontrollable events related to post disaster Hurricane Irma’s
impact. To obtain temporary emergency housing, these residents found the temporary use permit time
period of 180 consecutive days was burdensome and homes can take longer than one year to rebuild.
Subsequently, the Planning Commissioners decided a six-month period for the temporary use of an
onsite recreational vehicle or mobile home was not enough time to build-back some permanent homes.
Accordingly, the Planning Commissioners unanimously agreed to recommend the Board authorize staff
to evaluate the need to extend, beyond six months, such permits for temporary emergency housing and
decide whether the extension period could be administratively implemented and if necessary, past one
year.
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For natural or man-made disasters, the Board’s determination of the need for temporary emergency
housing is set forth by Code of Law (COL) Section 62-79 titled “Temporary Emergency Housing”.
Additionally, for Civil Emergencies to expedite post disaster recovery efforts, COL Section 38-7
stipulates the temporary use of recreational vehicles for living purposes is applicable for six months
where damage has rendered the principal residence uninhabitable. In addition, the Board of County
Commissioners or the “Emergency Review Board” may extend the period by considering the extent and
severity of the disaster. Subsequently, an extension for temporary emergency housing beyond 180 days
requires the Board or Emergency Review Board approval. This amendment proposes to authorize the
County Manager or designee to approve temporary use permit extensions for six-month periods,
provided certain conditions are met, rather than the Board or Emergency Review Board.
Staff evaluated temporary use permits associated with post disaster recovery and found the primary delay
in construction activity had not been by action of the home owner, but rather by uncontrollable events
such as unavailable construction materials, subcontractors, and essential services. Staff is
recommending, to avoid any potential for abuse or misinterpretation, a temporary use extension could
be granted only when: the building permit is active, the home owner’s actions have not caused a delay
in construction activity, evidence of uncontrollable events that caused a construction delay is justifiable,
and additional time is required to obtain a certificate of occupancy.
FISCAL & OPERATIONAL IMPACTS
The amendment shall reduce staff’s time and
improve the process for homeowners to
obtain a temporary use permit for temporary
emergency housing.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A- Temporary Placement of RV and Travel Trailer Application
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Amend the Code of Laws as follows: 1
2
Chapter 62 - FLOODS 3
Article II. - FLOODPLAIN MANAGEMENT 4
Section 62-79. - Temporary emergency housing. 5
6
A. Establishing the Need for Temporary Emergency Housing. To establish the need for 7
temporary emergency housing, the Board of County Commissioners must determine and 8
declare by simple majority vote that an emergency condition exists due to a natural or man-9
made disaster. Based upon that disaster declaration the County Manager, in consultation 10
with the Emergency Management Director and the Floodplain Administrator, is authorized to 11
allow for temporary emergency housing in the special flood hazard area. 12
13
B. Placement of Temporary Emergency Housing within the Flood Hazard Area. The Board of 14
County Commissioners or the County Manager or designee, in coordination with the 15
Floodplain Administrator, may allow for post-disaster emergency temporary manufactured 16
homes, recreational vehicles or similar resources provided by federal, state, and local 17
agencies within the flood hazard areas for a period of six months pursuant to subsection F 18
below. This period may be extended by the Board taking the extent and severity of the 19
disaster into account. Additional six-month extensions for temporary emergency housing 20
may be administratively approved, by the County Manager or designee, when: 21
22
1. A homeowner has an active building permit and additional time is necessary 23
for an issuance of the certificate of occupancy; and 24
25
2. Any delay in construction activity has not been caused by action of the 26
homeowner and is the result of an uncontrollable event such as unavailable 27
construction materials, subcontractors, or essential services. 28
29
C. Temporary Emergency Housing Prohibitions. Temporary emergency housing shall not be 30
located in the VE or the Coastal A flood zones. 31
32
D. Installation Standards. Manufactured homes shall be placed in a manner consistent with 33
Section 15 (§ 62-83) of this ordinance. Recreational vehicles or similar road ready vehicles 34
shall comply with the requirements of Section 16 (§ 62-84) of this ordinance. 35
36
E. Emergency Notification and Evacuation Plan. An emergency notification and evacuation plan 37
shall be prepared to ensure the safety of the occupants of the temporary emergency 38
housing. The emergency notification and evacuation plan shall be submitted, within thirty 39
(30) days of occupancy of the temporary emergency housing units, for review and approval 40
to the Collier County Division of Emergency Management. 41
42
F. Permit for the Temporary Placement of Emergency Housing. Prior to the placement of all 43
temporary emergency housing in the special flood hazard area, the applicant shall be 44
required to submit a temporary permit application to the Floodplain Administrator affirming 45
that the structure is in compliance with this Section and 44 CFR 60.3(e). 46
47
G. Consistent with Post-Disaster Recovery Ordinance. The efforts specified in this section shall 48
be consistent with Ordinance No. 2006-35, Section 7. 49
# # # # # # # # # # # #50
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Chapter 38 - CIVIL EMERGENCIES 1
ARTICLE I. - POST-DISASTER RECOVERY 2
Sec. 38-7. - Determination of damage, buildback policy, moratoria, emergency repairs, and 3
emergency permitting system. 4
* * * * * * * * * * * * * 5
(c) To expedite recovery efforts and repair to damaged structures, the emergency review board 6
is further authorized to: 7
(1) Allow the temporary use of recreational vehicles for living purposes on property 8
where damage has rendered the principal residence uninhabitable for a period of six 9
months after the disaster event. This period may be extended by the board taking the 10
extent and severity of the disaster into account. Additional six-month extensions for 11
the temporary use of recreational vehicles may be administratively approved, by the 12
County Manager or designee, when: 13
14
1. A homeowner has an active building permit and additional time is necessary 15
for an issuance of the certificate of occupancy; and 16
17
2. Any delay in construction activity has not been caused by action of the 18
homeowner and is the result of an uncontrollable event such as unavailable 19
construction materials, subcontractors, or essential services. 20
* * * * * * * * * * * * * 21
# # # # # # # # # # # # # 22
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Exhibit A-Temporary Placement of RV and Travel Trailer Application
Permit for the Temporary Placement of a Recreational Vehicle
or a Travel Trailer Post Hurricane Irma
Pursuant to the Board of County Commissioners (10/10/17 Agenda Item 16.A.22), a Recreational Vehicle (RV) or a Travel Trailer (TT)
may be allowed as a temporary use for living purposes on property where the principal residence (including a mobile home) has been
rendered and confirmed by County Staff uninhabitable, so long as the RV/TT is on the site for 180 consecutive days or less, is not
parked, stored, or encroach on any right-of-way easement, and is fully licensed and ready for highway use. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the site only a quick disconnect type utilitie s and security
devices and has no permanently attached additions.
Instructions and General Information for Applicant:
1. Email this completed application and photos of the uninhabitable principal residence to permitpostirma@colliergov.net. Photos
may include images of exterior and interior damages. In the email, include the applicant name, contact information, and address
of the principal residence. A photo of this application is sufficient, but it must be complete and legible. Should emailing t he
application and photos be prohibitive, applicants may visit the Growth Management Department at 2800 North Horseshoe Drive,
Naples, FL 34014 or the Immokalee Permitting Office located at 310 Alachua St., Immokalee, FL, 34142 to submit this applicati on
and photos. County Staff reserves the right to conduct an on-site inspection of the principal residence to determine habitability.
2. County Staff will inform the applicant by email or in person whether application has been approved, if additional information is
needed, or if the application has been denied. If approved, County Staff will provide a copy of the signed application to the
applicant and maintain a copy at the Growth Management Department at 2800 North Horseshoe Drive, Naples, FL 34014.
3. Applicant shall place the copy of the approved application in the driver’s side windshield of the RV/TT or in the window next to
the door if there is no driver’s side windshield.
4. A temporary electrical pole must be applied for separately, visit www.colliergov.net/buildingapplications.
5. Applicants are encouraged to obtain a building permit to repair/replace the damaged principal residence as soon as possible.
6. There is no fee for this temporary permit.
7. If the RV/TT is provided by FEMA (with applicable documentation).
Application Information:
Name of Applicant: Date of Request:
Phone Number: Email:
Address of Primary Residence:
Describe damages incurred to Primary Residence:
Address where the RV/TT will be placed:
Check the method for electrical connection: I will be applying for a temporary electrical pole OR I will be connecting to
the existing electrical meter at the primary residence.
Check the type of temporary housing: RV OR TT provided by FEMA; FEMA Registration Number:
OR RV OR TT is licensed by occupant; License # of the RV/TT:
I, (name of applicant) on (date) understand that this is a permit for the temporary placement
of a RV/TT and that this permit is valid for 180 consecutive days or less, starting on the date of approval, noted below. I a ffirm that the
RV/TT is, and will remain ready for highway use at all times. I further certify that the RV/TT complies with the requirements of agenda
item 16.A.22, and will be removed from the property within 180 days, and agree to all terms, conditions, and compliance requirements
outlined in the Collier County Land Use and Building code. I agree to heed evacuation orders issued by local emergency mangers and
understand that this RV/TT is not designed to be used as a shelter during a severe storm or whether related incident.
Signature:
Staff Only Section:
Date:
County Staff Approval: _ Approval Date:
Date the Permit Expires: _ Permit #: _
Approval Method:
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