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Agenda 09/20/2006 LDC eolNtr County --. '- --....,-.. .. - Board of County Commissioners Land Development Code Amendments 2006 Cycle - Cycle 1 September 20~ 2006 ~ C) C) ~ r/l C ro S S ;::$ r/l r:f'1 'E C) S ~~ ~ ~ C)"'ZZ S ~ <~ C)~ ~N o U 'E C) S ~ o ~ C) ;> C) Q ~ a ~ o U z U N~ E- U '" U ~~ ~ 5 u:g -<5 r:/)E o ~ 0) ~ !:: as.g -- o:l u.::: "0 < @ 5 Vl 0 E r"\ () E ......no ::l () Ul <l.l c:G " .:3 c;; U-g -< E ~ ~ " 0) ~ 'i:l Q) rn o 0... o I-< 0... .... C Q) S 'i:l C Q) S < C .9 ...... u Q) Vl U o ......:l - I \0 o o N --- ,.,.., .-< --- 0\ ro ...... ~rn 4-< o......ro ~...dO cCrn '~ro+:lrn r:fJ 'i:l Q) Q) rn N .... .~ C [)....... s..... ct). Vl ;;> 0 Q) C ;::l Q).-;::....... .... Q.. ~'-O rn oR u:-;:: a3.ti <:w oil 1-<;";::: ;::l ..... ~ I-.<B~ :g;;....~~ ~ 15] 'Cj] 5 Vl 'i:l ~ .... <:w 0 U .:t:: $:<...... '<::' Q) .... "t:l <:w ...... C S S ~ ~ ~ .:;::'1:: <:w e ] 0 t:: 813~ e.gt:ut)1::& O Q) t:: 'i:l Q)..... .:= ~ Q) ro ......OC"'r:fJ.,uI- o I-< 0... 0... ro <( o o -0 ;; e: G' o co ui ....'i:l C c,.......; Q) Q) ro ~ S :> .... S 0 S 0 S- o U 0... U Q) ro zP:: g co D.. Ql (f) ..... ctl o <( W Ql .c (f) ~ ctl E E ::l (f) ti W - ~ ctl E E ::l CIl Q) :i '0 Ql .c o (f) <0 o o N ur...s>':::::::rn ~c-d Q)curorororn< .~ ~ f1 rn C ......~ < :> $:< ""' Q)..... U ~ Vl I-. Q) ~ U Q).t:: ~ Q) U Q)...... rn.... 'i:l rn 15 d C ;::l.:!2 Z C >. ~ ~ Q) 'i:l 'i:l ~ ro a:5c rnQ) r:fJ ~ Q) 'i:l ...... bIJ ro r:fJ ro:> C~.-;:: C::::::< rn ;;> ro U ~ 'S Q) Vl ..gj~Q);;5o~::c - . I-- o o o -l Ui C Ql E '0 C Q) E <(I o o ? ~ C 0 Q) ro ~- rI.l bIJs ~ o .S <:w ro-o <:w ~ .... ~ 0... ro I:)l) N =... = <:w ~ 4-< Q) ~ ~ Q) ...... ~ z o ~ <:w :EVl \ ~~rJ1 uc:i J ~ <:w rJ1 ~ C) C) ~ r/l ~ S S ;::$ r/l r:f'1 'E C) S ~~ ~ ~ C)- s ~ <~ C)O ~~ o U ~ ~ C) s ~ o ~ C) ;> (]) Q ~ a ~ 0 u z U N ~ \0 0 0 N --- ,.,.., ...-< 0; E- U '" U ~ ~ Q)(])~ 'i:l ].8 C . ~ ..5 ..5 '-0 a ~ t) $3.b . .g 2 i3 u ~..o '"0 N ~ f1 ~ r::::' rJJ ..... .... Q) ''='""l Q) Q) ...... = B ---0\ .:!2 5 .:!2 :.E'.g <t:< ~ Q. 'i:l 0 ;::l '-' 8"C;::l roQ)<:wiM",rj ""'..... r:fJ ~ 1-<...... Vl (;l ...... $:< .... s-BSoQ)'"O~ ......2..c:;; o ~ -g .8 C Q) I-< .s Vl 0....-;:: .... U..c: ........0 c"t:l ...c: ~~ bIJ.... bIJ.:!2 ~ ro . 9 <:w ..&F.-;:: 0.....0 C 'i:l .S r:fJ .......t:: rJJ .. e ~ ;::l ~ ..... Q) .... C 'i:l Q) 1-<.. U Q) @ ~ a.9 Q)'-;:: ~ .:= u""" Q) I-< _Ul-<............~ .,,,,Ol-<dbIJ w...... bIJ ro U 'oJ ~ -t:i _ :> 15 ro ~ '"0 I-<'~ ~ Q) u;;> U .S 0 Q)..... z u q r..::.'"OO ~ .8'"d-Bc;; rJJ S:::':;;: u '" ::l Q) ;;>'';:: Q) s~~~gf 'S 0 8 c ~ ~ i3 g; ~_ u ~~ojOIJ CllS::: s::: 0 .t:: ''';:: oj oj Q)'"S! ...c:: [) G ~ ~ 0 U i3 U~ Clls::: s::: 0 .~.~ Q)"O ..s::s::: "" Q) " s C"'l s Uo ~u UQ) u~ " o u:g -<5 r:/)E o ~ 0) ~ I'::: I!) 0 Q) '';:: -- o:l U.::: "0 --< E!:: Vl 5 13 r"\ () E ......no :::l () Ul I!) c:G " .:3 ul -<E ~g " 0) ~ ...... '"0 5 ~ S 0'"0 o...c o Q) I-< 8 0-.< C Q) ro .2: I-< ...... <B i3 ...... rJJ rJJ Q) ..... '"0 .S .:;: s O'i:l ~ =ro s::: o ..... .... U Q) Vl U o .....4 ~ ~ z <Il~i =r-r- .S 0 0 .... . . c.l~~ <:Woo rJ'lr-ir-i co o o '0 ;; e: G' o co '"0 s::: . Q)....... s ~ 8 2 o 0.- U 0.- Q) ro p:: ~ g co D.. Q) (f) ..... ctl o <( W Q) .c (f) ~ ctl E E ::J (f) ti W o >. ...... l-< l-<Z]O-.Q) i2.8~ <B~::J.s ~ 0 .b C r:fJ'0' ~ 8 2 ~ ~ .~ 1:: S- Q) 0 0...,.<::< '-0 Q) Q) Q) :> ~ U = U ro 'i:l S rJJ'Q) - U C .tiQ)Q);::lU~o:l .9 ~ .:!2 .-;:: .!:: 'i:l ~ 0 ~ ,.g .S rJJ & ~ ~ S- .:;: "@ s u ..... ..c: 0... Q) '"0 I-< S ...... ro 'i:l ro ~ ctl E E ::l CIl as :i '0 Ql .c o (f) <0 o o N '" ...... s::: -. ~ ~ 81;:8 . .""'" ~ "1' ~ _ o <:w.... .0.= O\'J'J'::J' ~ ~ ~ .~ .5 ~ ...... rI.l '" f:=;:Jtj 8 ~ .~ "d .~ ~ "= ~ ~ Q .- ..... ~... - 8>" =-- "d~~ <~ r- ~ ~ ~ Ql (3 >- o o o ....J Ui C Q) E '0 C Q) E <(I o o :? 0-. >.U roo-< t::< ;::l rJJ~ ~ Q) s::: VlB rJJ 0-< ~ (]) C) ~ r/l ~ ~ ;::$ r/l r:f'1 ~ ~ (]) s ~ ~ (]) S <C C) ~ o U ~ ~ C) s ~ o ~ (]) ;> C) Q ~ ~ ro ~ 0 u z U N ~ \0 0 0 N --- M ...-< --- 0\ E- U '" U ~ ~ bIlS::: s::: 0 .t:: ''';:: i'3.g ...c:: s::: G~ ~ 0 u i3 U~ Clls::: s::: 0 .t:: ..;:: oj oj (\J"d ..s::s::: ]("'1 ~ UO ~U UQ) U~ ~ QJ - U ~ U \0 o Q N <= o U .~ ......."" ..........i3 r:/)E Cl~ 0) ~ I'::: I!) 0 0,) "..;j - '" U .::: "0 --< ~ 5 Vl 0 E r"\ () E ......co ::l u VJ 0) c:G " .:3 ul -<E ~E o u 0) e>:: ...... '"0 s::: Q) Q) rJJ S 0'"0 o...c o Q) I-< S O-.<e s::: o ..... .... u Q) Vl U o ......:l ~I .S< 00 ~ ,......, 4-<_-...'"06 I-< OrJJ..!:(~~ Q) Q)......-OO'" > ....roro>o... o '1: 0 ~ ro u ~..o_ '"0,-.... o '1 Q) 0 c ~ s::: r<l ......<t:<I-<......OUQ)N >...... ..c: ~ 0 s--- 0.-....... bIJ Q) ~ 'i:l d e o ::l.... ..... $:< C 0 -... 0.-'"0 0 ro ~"..OQ)u u 00...s::::t::Q) ...... ..c: 0 CI:l..... I-< 's ~ a u e .8 u Q) ...... ~ 0.- '" ~'" '"d ~]~"d~Q) .8~ = = ~ ~ ~ .8 "d ] .S oj S 5''';:: -B S"d ~ QQ~-~+:l"""ojro...... o.......~s:::s:::o..g~ 8 ...... 5 ~ ~ 0 0 .0 s::: u ..gj 0 Q) ..... .= c ~ Q = ~ s::: 13 Cll;::l ~ (J _ ~ Ul (J ~ 00 ~ I ~_~"d~Q)'-~oj~o Q)~ ~ ~=Q0.5"doj(J~~"d~u~gfQ)~~ = ~o.~<C&X'"dO~o~ojojs:::~~ ;;;;l _ ~ (\J - (J tl _Ul ;...t.< tl ~ u ~ () u 0 1:> ;; e: G' 0 co ~ g co D.. Ql (f) ro 0 <( W Ql .c (f) ~ ctl E E ::J (f) ti Q) ~ ctl E E ::J CIl as :i '0 Q) .c 0 (f) <0 0 0 N Q) (3 >- 0 0 0 ...J Ui C Q) E '0 C Q) E <(I 0 0 ? o ....'"0 rJJ C ;::l Q) o S .s s C 0 ro u C Q) ::J I-< - ro :> o I-< 0... ~ rJJ ro <Zl Q) 's. o C ro u Q) ~ OIl ....... C s::: Q)~ ..... '8 rJJ ~ 0 ;::l a3 N c~~ .... 0 0 ...... roi2;SS::: o Q) ro v ..0 u 0 '"0 rJJ g..o'~ '"0 ~ ~ a '"O'i:l >. Q) ::: 0... t).~ rJJ 0..... ;;> ~ c.tl....~ CI:l rJJ Q) ...... u~Q)~ rJJ.:!2 ~~ .~ ~ :g ~ ;:;..... d 'i:l "'ii) [) $:< ro ;;~'"O,.g S a ~ ~ z I.C ~ ~~ f"'J:= o ... .n ~ =~ .~ ~ .... ~ ~ 0 J:5~ ~ ~ ~ ~ ~ l-< Q) ..c: u CI:l ~ ~ u ~ C) C) ~ r/l ~ S S ;::$ r/l r:f'1 ~ ~ C) s ~ ~ (]) s ~ (]) ~ o U ~ ~ C) s ~ o ~ C) ;> (]) Q ~ a ~ Q U z U N~ E- U '" U ~~ onS::: s::: 0 .~ .~ Q)"O ...c: ~ Q) ~ ~ u 0 ~ u U u U~ Clls::: s::: 0 ...-1....-1 ~ ...... oj oj Q)"O ...c::s::: ~("'1 ~ Uo ~u UQ) u~ ~ ~ - ~ ~ U \0 Q o N " o U .~ <] r:/)E Cl ~ ll) ~ I'::: I!) 0 0) -.;: -- o:l U ':::"0 < E !:: Vl 5 13 r"\ () E ......<:>0 ;:l 0 VJ 0 c:G " .S! ul <E ~ E o u ll) ~ ...... '"0 C Q) Q) r:fJ S 0'"0 o...s::: o Q) ~~ ~ o .- ...... u Q) Vl U o .....4 "0 C Q) S rJJ S ...... 0 ~ u Q) Q) S I-< S .8 o rJJ U ;::l o 0 Z S .~ s::: ::J -d Q) '"0 ~ s:::0\ Q)~ ~e rJJ ro rJJ "0 ;::l C o Q) S 0 S .~ .... g s::: U ::J ~ o ...... s::: .8 c;j15] t Q) ...... o S ~ ~~ ~ @ ~ ::l ~ '" E-< 1$~ s:::::;s ~(j ~ Q) ~ ..c: ...... o ..0"0 Q) ~ c .!:: 15 ro g.'-o ~ Q) u....... I-< ~ 13 ~15:.a 8 ~ Q) .... s::: ..... ,.......; ro :> o E- o... a- --d s::: Q) S S o u Q) ~ s::: ..c: Q) ...... Q) 0 ~ ..0]. Q)1::$3ro] ..0 Q) ~ bIJ rJJ dUQ)8co ro ro . - 0.- .- ;0' 0... ti 0 ~ ro.s'~ a Q) ~ Q) "0 Q) & '"0 ~ ~ z '" o="t:1 c; .s: ;: '= ~E-g~~e -.r8.z:~~~ =o.ooo~~ .s: = 8 ~ -< = "t~~ ~~ ~ - ..... 'J'J E-< ~ 'J'J \0 o o N ;:<) ...-< --- 0\ o o o '0 ;; e: G' o co ~ g co D.. Q) (f) 10 o <( W Q) .c (f) C:' ctl E E ::l (f) ti W i- ctl E E ::l CIl as :i '0 Ql .c o (f) <0 o o N ro "0 "5 bIJ C ro "@ rJJ ro U Q) (3 >- o o o ....J Ui C Q) E -0 C Q) E <(I U o ? r- ~ <:w I:)l) ~ ~ ~ C) (]) ~ r/l ~ S S ;::$ r/l r:f'1 ~ ~ C) s ~ ~ C) s < (]) "'0 o U ~ ~ C) s ~ o ~ (]) ;> C) Q ~ ~ ro ~ 0 u z U t'l ~ \0 0 0 ~ M ...... --- 0\ E- U '" U "'"" ~ OIlS::: s::: 0 .t:: ..;:: o:l ro Q)"Cl ..s:: s::: Q) ~ s::: U a ~ 0 U i3 U ~I Clls::: s::: 0 .~ o:g (l)"Cl ..s:: s::: "" Q) " s ("'1 S Uo ~u UQ) U~ - ro :> ~2A ..q- 0... 0 --- 0... C") ~rooo r:fJ "0 '-' ......t::"o C Q) Q) Q) S ...... S 8'-;:: S 0 S ou..o u ~ g o 0 rJJ Z ..... ro - , '-0 ~ QJ - U ~ U 1.0 o o N " .S u'" -<] r:/) E o ~ I!) ~ .,...; ~ --= ~c;~ ....... I:: ~ 5g5 '-;::2 .8 S ~ ~ c;; [~ [-[5 ~ .S N, d I-< ~~..9 .....,.9"8 ~ ~ 0\ $:< 0... ..... ~ Q) -~ Q) 0 II..l o:l @g. ~ [;.g[; ~g, l-; U"Cl 15 '"d ~ --0 "'.8i3o c;;~8 - ..d :-::= Beag ~ ~ B rJ)'s.8 ~ .s.~ ~ i3 .. <1) -0 0. 0 ~ i3 1I..l.;!i .... I'::: ;> -0 ;:l '" 0...00..;:: ill <1)"0 :> ~ ~ '" ~ cr~g.s o:l <1);:: ~.... 8 <1) l=< S ~ ~ ~ ",.;!i I'::: S'''''' -00 <2 0.. .... ~ ~ 0...... 1! "0 a .8 0.. .:..... o:l o:l :>;.8 I'::: ,.D II..l o:l () Il)...c: '" 0 o:l o'\:: ...... '" &: 8 g ~ z u 'S: 0 o.15 2 ca i3 0.. 8 .s S ~ ~ '0 '6 ~ ~ u W 0 -0 ;; ~ G' 0 co ~ g co D.. Q) (f) ro 0 <( W Ql .r: (f) ~ ctl E E ::J (f) ti W ~ ctl E E ::l CIl Q) :i '0 (J) .c u (f) <0 0 0 N Q) (3 >- 0 0 0 -l Ui C Q) E '0 C Q) E <(I 0 0 :? I'::: gJ .g u .~~ < g i3 Vl 0 E 0155 ::l u <Zl I!) c:G iii ;>.'0 g~ ~ o:l ;:l '" u o:l I'::: S 8 B '" ;>. '" t: .:3 U~ -<E ~g " 0) ~ ~ ;>. Q) c;; Q) Q)4-.~ s::: t ...... 0 ~ .....o..s:: CIl ...... .s Q) o:l 4-< Q) ;::l ;>. C Cll........ 0 ~ ..o,...l .~ ...... '"0 (l)"Cl ~ .S u V1 Q) g ~.g (l) t::: Q) S S s::: ...... 0 ...... rFJ o:l 0 u "Cl s::: 0'"0 0 ~...... s::: 0.. ::l s::: t::: U II..l o...t:: ...... Q) ;g ::2 ,0 E o:l S o Q) s::: Q) ....... '" u ~~ .S ;>. (l) '" :> '" .,..., ~S Q) i:5 ~. ~ U'': ~ OIl '" o o:l o:l 'S: ::l..... ;>. '"d..... 0 e-~ s::: o"'s:::........<.....,u ;::lE-< o:l 0 U Q) o:l..... s::: ~ ~ "0 .g..s .,..., p...Q) ~ ..s:: ...... N ~ ro t:: c: .... I:)l) '"0 0 N == == e '5 0\ .- 0 <:w .~ .... ...... ~ .. eo: bIJ u ~ e Q) 0 ;.. t:: ~ Vl ~ == <:w;': ~ ro Z 0 I:)l)== 0 "@ ~ u ... ~ 0 ;.. rJJ ~ Cl .... ;~ ~ ro ~ U .....4 <:w ~ rJ1 ~ C) C) ~ r/l C ro S S ;::$ r/l r:f'1 'E C) S ~ ~ (]) s < C) ""0 o u 'E C) S ~ o ~ (]) ;> C) Q ~ ~ ro ~ Ci U z U N ~ \0 0 0 N -..... ,.,.., ...-< --- 0\ E- U '" U ~ ~ CllS::: s::: 0 .~ '.g ~"O ..s:: s::: G ~ ~ 0 u i3 U~ Clls::: s::: 0 ........-1 '1"""1 ~ ... oj oj Q)"O ..s::s::: "" Q) " S ("'1 S UO ~U U Q) U~ ~ ~ - U ~ U \C o o N 5 U .~ <] r:/) E O~ 0) ~ I'::: I!) 0 aJ -..::: -- oj U.::: "0 < E .: Vl 5 E r"\oE ......no ::l () CIl I!) c:G " .S ul -< E ~ ~ " 0) ~ ...... "0 C Q) Q) r:n S 0'"0 o...s::: o Q) ~ S 0-.< s::: .9 ...... u Q) Vl U o ......:l - ,-:. ro "TO> --- ...... 0 ~ 9 a rJJ t-- 0... . 1::rJJro,,-.... Q);::l"Oo SOc~ 2.S 8 e Oed u ro $:< o C 0 Z::J~ l-; <:w .s ... ~ 0':: ~ ~.~ ~ ~ ,i-; "0 <:w '" ell 11 = '" e':l =.c: g c.l '" .... ~ ~ .... ...... Q) I-< rJJo..oQ) 8~~] 1iJ~&~ Q) Q) 0 '"0 bIJ5~2 bIJc>o ;:l ...... Q) s::: Vl "0 Q) 15 ui ;::l ..c: r..::. > .~ ......rJJ - o...c1::c ;::l 0 Q)..... 1-<'00 ~......; "@ ro..... rJJ u~6ro~ ~U a0.-8 o<:l rJJ' Q) >.rJJ....> ro:::: ro '-0 ~ro~ro ..c:~oe 'iii.goE o.-...........:l_ l-; rJJ ro t) '"d e 6) e ro t:i '"0 ...... E S:::'OO rJJ rJJ 0 C C u o ..... u ~ ~ Z N"t:l o = v::- ~ <:w o rI.l :: v::-::J = e':l <:w .S:: ~ ~ "t ~~. c:w ... rJ'lrJ.J rI.l .... =: <:w e <:w - 'S 0'" <:w ~ - - ;; ~ ...... Ub obS '2 .t:: ~ ~ . Q) bIJ...... s::: c ~ en'u u .S !5 ~ "0 0 0 " "0 rJJ a""' roti > ~ 0 bIJ'-O O .- g g ~ ti .:!2 $3 0 o rJJ ....... o ro ...... 6 o l-; '0... t--o.... rJJ ro ,,-.... ;::l "0 0\ oc~ S Q) 00 .- 8 '-' ~ S s::: 0 ::J ~ I-< .... ?->.8 -B "-' :-i '"d [) <i3 "0 .- 0 l:: Q)~;::lS:::~-o '" _ 0 ~ Q) oj..... .- "0 S s::: > > ...... > s:::.- ;:l 0 0 i3 Q)~=:c~~", ~Sggoo.,a::l..o oj;::li3o.,~::l ~ oj r:n 0 u. 0 '0 ;; ~ G' 0 co ~ g co D.. Q) (f) ..... ctl 0 <( w Q) .c (f) ~ ctl E E ::J (f) ti W ~ ctl E E ::l CIl as :i '0 Q) .r:: 0 (f) <0 0 0 N Q) (3 >- 0 0 0 -l Ui C Q) E -0 C Q) E <(I 0 0 ? rJJ >. ro ~ ..c: ...... ro 0... .....U ~ 0 < o '-0 Vl S oj 0 ]6:::::: Q)<B~ Z c I-< ....., <B 0..0 ...... Q) ...... ...... ] 5 '8 rJJ S .E .~ "0 ;::l Q) s::: CIl ~Q)Q) S l-; ~.8 ~ o Q) :: .~ ;; ~ ......Vl gf E=: (]) .... ~ :.oQ)~ 5 .~ ~~ ~ ~ N <:w I:)l) ~ ~ N o r-i o = ~ = o ... .... c.l <:w Vl t- N <:w I:)l) ~ ~ rI.l .... ~ C t/j .... <:w.... .... e ~ 's ~ ~ ..c 'S .. := 0"'''': rJ'l Q.l ~ ~ '"0 '5 bIJ C ro - ro rJJ ro U ~ ~ z ~ (]) C) ~ r/l ~ ~ s s ;::$ r/l r:f'1 ~ ~ (]) s ~ ~ (]) s < C) ~ o U ~ ~ (]) s ~ o ~ (]) ;> C) Q ~ ~ ro ~ Q U z U N~ E- U '" U ~~ Cll s::: Cll s::: s::: 0 s::: 0 .~.~ .~.~ Q) "0 Q) "0 ...c:: s::: ..s:: s::: ~ S ~ S ~ g u g u u ~ u U~ t5~ ~ ~ - ~ ~ U \,C o o N g U .~ -<] r:/)E O~ 0) ~ " I!) 0 I!) .- :t::~ U '-"0 < E I'::: Vl g 13 O]E ::l C Ul ~ c:G " .:3 U~ <t::E ~E o " " ~ ...... '"0 C Q) Q) ~~ s5 ~~ c o .- ...... u Q) Vl u a .....4 Q) > o I-< 0... r:fJ 0... ...... C':l C 0 Q) ...... So 8~ o rJJ U ::l o 0 Z S '8 ro c ::J ,--.. 0\ N --- 00 '-' .8"0 rJJ s::: ;::l Q) o S S S .~ 0 s::: ~ ::J l-; q:: 3 ~bn 0] .S 0-, So (l) (l) S a N '-" - ro > o I-< 0.- g< ..........1S ~ o [1:0 ';<.=E ob ~ ~ ;3 ~ ~ .S .~ ~ ~:-;:: ~ -0 :> Q) Q) 1:: 0 Q) ~~~;::l.gS ~ rJJ ~ ~ z Zlroo ~ 0""; o ::l;;::: --' ;::l ::01:: rJJ 0 x U ;::l..... ...!.. 0)0 ~~ ...... u::; "0 S:::' ..... 4-i Q) Q) ;::l ..r3 i3:9 sO:: c.......:>o.-c Q) Q) 0 0 Q) S I-< ~ - U <'5 0.- ~ l-; 0" Q) Q) & ~ ..0 '"0 t- - ~ _-:'OE ~ E5~~~ ~ '8S~r-.= =U c:J1;:c:Jg' ~ ~ .S t :B ~ ~ g'u, rJ1 ~ \0 o o N --- M ...-< --- 0\ C) o o '0 ;; e: G' o co ~ g co D.. 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I-< ro U eJJ = -= rI':l ~] ;>,~ ~ .~ 'EQ ;.. o ro U rJJ o ~ Q) ....... Q) ..c: U ~ trl o ..c o -.i-..c =~ .S .... ~ <:w rJ1 r- oo ~ ~ ~ ~ CJl:J = = ...-ol .,.. QJ ~ Q. e .. ~ <:w ~ ~ - <:w "t:l ... r" = = V ~ cr ..J. ~ C ~ .9 00.... """' i3 ~~ ~ I-< ~~ U - - ro Z U ~ co =t- .S ~ ....~ c.lo ~N ~ C) (]) ~ I r/l ~ S S ;::$ r/l r:f'1 ~ ~ (]) s ~ ~ ~ ~ (]) - I:J S ~ C) Q , ~ ~ ro ~ 0 U z U N ~ 1.0 0 0 N --- M ,....., --- 0\ E- U '" U ~ ~ CllS::: s::: 0 .t:: ..;:: oj oj Q)"o ...c:: s::: ~ ~ U 0 ~ () U Q) U~ Clls::: ;::: 0 .- .- ~..... oj oj Q)"O ..s:: s::: ~~ UO ~U UQ) U~ " o U .~ -<] r:/)E o ~ 0) ~ !:: I!) 0 I!) .- U t: ~ .- "0 --< E I'::: Vl g E r"\ () E ......no ::l u rJJ I!) c:G c:: .S U~ -< ~ ~ E o OJ 0) ~ .... '"0 ::: (U Q) cg.g o.-C o Q) ~ S 0-.-< c .9 ...... u Q) Vl U Q ...J -.+-i4-l 0...0 :g "0 Q)bIJ'ooc Vl:::US......S .8 '-0 < ..... 0 S I-<gsVlCO ~SO~-8 0'0 ::J ~ o ......"0 rJJ ::: ;::l Q) o S ,8 S ::: 0 ro u C Q) ::J I-< bIJ C "';. ..... ::::- 0 bIJ+-<...... 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CIl C Q) E '0 C Q) E <(I 0 0 ? ~ 0\ ~ ~ ~ ~ ~ (]) (]) ~ r/l C ro S S ;::$ r/l r:f'1 'E (]) S ~ ~ C) s < (]) ~ o U ~ ~ C) s ~ o ~ C) ;> C) Q ~ a ~ Cl U z U N ~ \0 0 0 N --- or> ...-< --- 0\ E- U '" U ~ = CllS::: s::: 0 .t:: '';:: oj oj Q)"O ..s:: s::: ~ ~ s u S ~ 0 u i3 u~ OJ) s::: . .s.s ~ .... oj oj Q)"d ..s::s::: "" Q) " S Np u- ~o ui3 u~ ~ ~ - ~ ~ U \0 o o N " c U .~ <] r:/)E Q ~ 0) ~ = I!) C I!) .~ t:~ U ';:::"0 < ::: = Vl 5 13 r"\uE ......no ::l u Ul 0) c:G .s u:@ -< ~ ~ E o " " ~ .... '"0 C Q) Q) r.n S 0"0 o...s::: o Q) I-< S 0-.< c .9 ...... u Q) r:/J U Q ......:l ~ ~ z "'~ s= ~VC CJ~ J51n ....... o ~ rJJ ;;; 2 "EI~ Q):; ~~ S ;::l '"0 0 S 0 c ~ oSUOO u.... S '-' o a S z c 0 ::J u Q) l-; rJJ '"0 ::l C o Q) S 0 S '2 ....... S ro 0 C u ::J e ....... ro > o l-; 0... ~ Zl"O s::: c Q) Q) S S S S o 0 u u o Q) z~ >. - rJJ 's a3 00 a3 ~..ss"5 ',C -g ~ .S ""5....... \.0 8.s:! ~ 0 ';::: Q) ...... Q) C)..o rJJ gf~ 5] ro rJJ ..... U ..c: Q) C.8 U l-; ~ ~ = ....c ~ In - .. S":: 8 fIl Q..'E o ~ -"t:l <:w = ~ ~ ~iZl rI.l = I:)l) ... rJ1 Q) C o P bIJ ro 0.- S o U C ..... 0 Q '..;:j N 23 ~:e ~ I-< ~~ U - ro .8 > r:fJ 0 ......01-< s::: I 0.- Q) t-- 0.- . SrJJro,--.., d;::l'"O~ $:<Oc___ oSQ)oo u._ S '-' oCr-< Z ro s::: s::: 0 ::J ~ l-; rJJ "0 ;::l s::: o Q) S 0 S '2 ...... 8 ro 0 C u ::J ~ ....... ro > o I-< 0... 0.- ro co 0 co 0 -0 ;; 2: G' 0 co ~ g co D.. Q) (f) ..... ro 0 <( W Ql .c (f) ~ ctl E E ::l (f) ti W ~ ctl E E ::l CIl as :i '0 Q) .c 0 (f) <0 0 0 N Q) ti >- 0 0 0 ;:::! CIl C Ql E '0 C Q) E ~I 0 ~ rJJ ' ......"0 C s::: Q) Q) S S S S o 0 u u o u zP:: rJJ I rJJ 5b:E Q).... 4-< "O....;::l u u 0 ~ ~ ~ ~ B .~ ~ '5 ~ &~ ~ ~ ~ ~ S c ;::l ;::l r.n ro 5 ro "Ou'"O"O....Swu s::: S Q) >....~ ~ ~ Q) Q) >. I-'.ti rJJ S .!:: ~ .8 a3 5b s < ;::l 0.- rJJ p::'''' 0 a:r .:!2 rJJ <.0 1-<"0 "1' rI.l o"t:l ~ .. o.g .n = c.z= o rI.l ~ = .. c.l I:)l)":: <:w ... rJ1 rJ1 u C o C bIJ c::i 0... S o u ~ 1.0: rI.l ... = ~ 0 <:w ... Q..~ rI.l = .... .... fIl ~ o N ~ ~ ~ ~ C) (]) ...0 r/l C ro S S ;::$ r./) r:f'1 ~ ~ (]) S "'d ~ ~ ~ C) - ~ s ~ C) Q ~ a ~ 0 u z U N ~ \0 0 0 N --- "" ...-< --- 0\ '- U '" U ~ ~ CllS::: s::: 0 .~ '.g (1)"0 ...c:: s::: Q) ~ s u S ~ 0 u i3 U~ Clls::: s::: 0 '~'M ~ ..... oj oj Q)"O ..s::s::: ]C"'l ~ Uo ~u UQ) U~ '" o u:g -< 5 r./'JE Q ~ 0) ~ >: I!) 0 tU '-+:;j U .~~ < ~ 5 Vl 0 E r"\ () >: ......n- ::l 8 r./J I!) c:G " .:3 u.g -< ~ ~ E o u 0) ~ ...... '"0 C Q) Q) rfJ S 0"0 o...c o Q) ~ s < s::: .9 ...... u Q) Vl U o .....:l o ...... rJJo ......, 5r- S rJJ S g o S u ...... o s::: Z ~ ::J - ro > o l-; 0... 0.-. ro ,--.." '"00 s:::!:2 Q)OO E'-' S o u Q) I-< r:fJ "0 ;::l S:::,.......; o Q) ro S S:> '8 .8 S 2 ro 0 0.- C ~ g. ::J l-; "0 Q) a'3 Q)\ ~ Q) ........0 I-<~= 4-< ~ UlQ)O,....l ~o Q) bIJ...... U a3 " a3 ~ ro "0 ;..;::: '-0 d ...... 5' ;::l Q)..o' ..... $:< .-;:: '" bIJOIl;::l:-::: 0:-;:: """ c s::: 0-. U rJJ U C'j ro _ ro ,~ -..c:- ~ ........ U rJJ s::: C 4-< 0 o 0 '.... 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'"0 Q) '<:I" >. 5 "@ bIJ lri' C 8] s>a4-<jgSro~ ~ 2 13 0 ...... .t:: 't:: .... o o.-..c: C"l [) o.-.;!::l ~ u 0......... o..c: II') . c: $:< Q) ro ..... ...... ~ 4-< Q) ...... bIJrJJ c'"O '-0 ~ .;!3 M K Q) ro ...... ..... ro I-< 0 0 .;!::l ..0 0 't:: bJ)'en u 0 C Q) ..... Q) "O~~ '> ::l Q) o"@~ l-; > U 0... Q) 0 o I-< "0 ~<E I Q) I-< r.n bIJ C ~ C 0 o .~ .~ .~ ~ ~ ~ ::l i3 U '"0 ,.... ;";:::'"O'+-< o.-Q);; ~,~ 8 s o 0\ s::: ~ 0 N'r;; ~,:!2 ~ 8 ~o =1-' 0\c '';: ~ c.l~ ~o rJ'ltri ...... rJJ S ~ Q) ~ o -, ~ N N ~ ~ ~ fIl <:w ,.:;d~ ~:: o ... Q ~ ~ Text underlined is new text to be added. Text Etrikethrough is curreRt text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: BCC directed. AUTHOR: staff DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC2:5-8 LDC SECTION(S): 2.01.03 Essential Services CHANGE: To allow safety services limited to law enforcement, fire, and emergency medical services as a permitted use in all zoning districts, as well as, the Rural Fringe Mixed Use District (RFMU), Natural Resource Protection Areas (NRP As), and within designated Habitat Stewardship Areas (HSAs) and Flow way Stewardship Areas (FSAs). Conditions are provided to help provide compatibility with abutting and/or adjacent zoned residential properties. REASON: To ease the difficulty with which safety services limited to law enforcement, fire, and emergency medical services are sited in zoning districts containing residential uses. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 4.08.08 C GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created May 22,2006. Revised June 15,2006, per DSAC- LDR. Revised July 10, 2006. Amend the LDC as follows: 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitteduses inall zoning districts, except CON districts, RFMU sending lands, NRPA!I, HSAII, AND FSAII: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 1 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 01 03 fire police EMS 052206 Brad (3).doc Text underlined is new text to be added. Text Etrikethreugh is current toxt to be deleted. Bold text indicates a defined term 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5,05.09 of this Code; 5, Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); aAG 8. Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings-:- ; and 9. Public klaw enforcement. fire. and emerqency medical services facilities shall be permitted only under the followinq conditions; otherwise a conditional use permit must be obtained: a. The site is located on a road classified as an arterial or collector road in the Transportation Element of the FLUE, i. The site may be located on a road leadinq to an arterial or collector road only if the centerline of no driveway is no more than 1.000 feet from the intersection. b. The footprint of any structure is located no closer than 300 feet to an existinq principal residential structure. c. The facility shall not at any time exceed the sound level limits for zoninq districts per Article IV. sections 54-81 throuqh 54-94 of the Code of Ordinances. entitled the "Collier County Noise Control Ordinance, " d, Landscape buffers shall be provided, as required by section 4.06.02 of the Land Development Code. B. Permitted essential services IN CON districts, RFMU sending lands, NRPA., HSAII, AND FSAII. - 1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way 2 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 01 03 fire police EMS 052206 Brad (3).doc Text underlined is new text to be added. Text strikethrollgh is cllrr-ent text to be aeleted. Bold text indicates a defined term Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 C., the following essential services are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; aM d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP~: and e. Public klaw enforcement. fire, emerqencv medical services and facilities shall be permitted onlv under the followinq conditions: otherwise a conditional use permit shall be obtained: a. The site is located on a road classified as an arterial or collector road in the Transportation Element of the FLUE. I. The site may be located on a road leadinq to an arterial or collector road only if the centerline of no driveway is no more than 1.000 feet from the intersection. b. The footprint of any structure is located no closer than 300 feet to an existinq principal residential structure, c. The facility shall not at any time exceed the sound level limits for zoninq districts per Article IV, sections 54-81 throuqh 54-94 of the Code of Ordinances, entitled the "Collier County Noise Control Ordinance," d. Landscape buffers shall be provided. as required bv section 4.06.02 of the Land Development Code. C, Additional permitted essential services in commercial and industrially zoned districts, In commercial and industrially zoned districts, in addition to the essential services identified above in section 2.01,03 A., governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service. D. Additional permitted essential services in the agricultural and estate zoned districts. In the agricultural and estate zoned districts, in addition to the essential services identified above in section 2.01.03 A., the following governmental services and facilities shall be considered permitted essential services: 3 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 01 03 fire police EMS 052206 Brad (3).doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. €,. Additional permitted essential services in the agricultural zoned district. In the agricultural zoned district, in addition to the essential services identified above in section 2.01,03 A., safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services, limited to the follovling: law enforcement, fire, and emergency medical services. ~ ~, Additional permitted essential services in residentially zoned districts. In residentially zoned districts, in addition to the essential services identified above in section 2.01.03 A., neighborhood parks shall be considered a permitted essential service, G E. Conditional uses. The following uses require approval pursuant to section 10.08.00 conditional uses: 1. Conditional essential services in every zoning district excluding the RFMU district sending lands, CON districts, NRPAII, III and RLSA designated HSAII and FSAII. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU district Sending Lands, CON districts, and NRPAs, the following uses shall be allowed as conditional uses: a. Electric or gas generating plants; b. Effluent tanks; c. Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants,; and d, Hospitals and hospices; and e. De€liG8tB€I ~utdoor traininq facilities for law enforcement, fire. and emerqencv medical services. e. Government facilities, including where not identified as a permitted use in this section, saf-ety service facilities such as including law enforcement, fire, emergency medical services. 2. Conditional essential services in RFMU sending lands, NRPAII, CON districts, and RLSA designated HSA. and FSAII. Within RFMU District Sending Lands, NRPAs, CON districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08,08 C.2., in addition to the essential services identified as allowed conditional uses in section 2.01,03 ..1. above, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easementsT-aA€i--.:. 4 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 01 03 fire police EMS 052206 Brad (3).doc Text underlined is new text to be added. Text strikethrollgt.! is cllrrent text to be deleted. Bold text indicates a defined term b. S::lfety Services limited to bw enforcement, fire, and emergency medical servioes. 3. Additional conditional uses in residential, and estate zoned districts, and in RFMU receiving and neutral lands. In residential, agricultural, and estate zoned districts and in RFMU Receiving and neutral lands, in addition to those essential services identified as conditional uses in section 2.01,03 ".1, above, the following essential services shall also be allowed as conditional uses: a, Regional parks and community parks; b. Public parks and public library facilities; and c. S::lfety service bcilities; G ,Q, Other similar facilities, except as otherwise specified herein. 4. Conditional uses that include the installation of structures: a, Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under section 10.02.03, In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the surrounding and nearby existing and future uses. b. Within the RFMU district sending lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. c. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred, Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. 5 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 01 03 fire police EMS 052206 Brad (3).doc DRAFT (090806-13.29) LDC Amendment Request ORIGIN: CRA Advisory Board AUTHOR: staff DEPARTMENT: Zoning & Land Development Review Department. AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: ? LDC SECTION(S): 9.04.08,2.03.071.5. and 2.03.07 N.5. CHANGE: To provide a process where minor administrative deviations may be granted by the County Manager or designee. An administrative deviation process is need, and applies exclusively to the Bayshore Mixed Used District and the Gateway Triangle Mixed Use Districts. REASON: The recently adopted Bayshore and Gateway Triangle Mixed Use Districts were designed to facilitate the redevelopment of the Bayshore/Gateway Redevelopment area. The tightly crafted architectural, landscaping, dumpster and dimensional requirements do not anticipate the large variety of parcel sizes and configurations that occur in the area. These regulations cannot be strictly adhered to across all project sizes. The need to apply for variances for multiple deviations would prove to be a major disincentive to redevelopment of the area. Administrative deviations are intended to be small in nature and applicable only to architectural, landscaping, dumpster and dimensional requirements. Major deviations from overlay requirements are not within the scope of this limited deviation process and would still have to seek a variance from the BZA. FISCAL & OPERATIONAL IMPACTS: The administrative deviation will increase staff review time, as well as, necessitate re-review and approval or denial of the alternate design by the County Manager or designee. Secondly, this process will necessitate the reinstating of the Architectural Arbitration Board for appeals from the County Manager or designee's decision. There are significant staffing requirements for the operation of a public advisory board which may require additional resources. RELATED CODES OR REGULATIONS: 2.03.07 I., 2.03.07 N., 4.02.16, 4.05.04, 4.06.00 5.03.04 and 5.05.08 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created on April 6, 2006. Revised April 14. Revised September 1, 6 and 8, 2006. 7 1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\9.04.08 Adm devs 090806 PW POI (final).doc DRAFT (090806-13.29) Amend the LDC as follows: 5. Administrative Deviations. a. Authoritv. The County Manaqer or desiqnee is hereby authorized to utilize this MUP Administrative Deviation process to qrant administrative deviations for proposed developments which have obtained a MUP approval from the Board of County Commissioners from the followinq eliqible land development standards that meet their associated criteria. b. Applicabilitv-List of Development Standards Eliaible for deviation reGuests and Associated Criteria, At the time of SDP application an approved MUP shall be eliqible to seek an administrative deviation from the followinq Code provisions that may applv: i. 4.02, 16.A. Table 11.Front Yard (includinq build-to line). 1) These deviation requests shall be subiect to the process and procedures of 5,05.08. F. Deviations and Alternate Compliance, and to be eliqible shall meet at least one of the followinq conditions or circumstances: a) If constructed where otherwise required, the buildinq(s) or structure(s) would conflict with requlatorv standards for existinq public utilities or encroach into an associated public utilitv easement. which cannot reasonablv be relocated or vacated based on phvsical or leqal restrictions, as applicable. b) parcel confiqurations of unique or challenqinq boundary qeometrv such as when a parcel's acreaqe has limited frontaoe relative to its acreaqe as defined bv a ratio of acreaqe to frontaqe in excess of 0.0045 and which is proposinq to provide frontaqe and/or alternative frontaqe alonq internal vehicular and pedestrian circulation pathways at a minimum of 110% of the parcel frontaqe, 2) In order for the conditions or circumstances under b). immediatelv above, to be approved for a deviation. the followino criteria shall also be met: a) the proposed alternative shall be inteorated into the existinq and future vehicular and pedestrian circulation pattern of the neiohborhood and. b) the proposed alternative shall demonstrate compliance with the intent of the standards to create a connective and walk-able environment bv demonstratinq a comparable relationship between proposed alternative buildino(s) location(s) and their associated pedestrian and vehicular pathways, and associated parkino facilities. lL 4.02.16.A. Table 11. BuildinG Desian: 4.02.16.G. Architecture DesiGn Theme: and. 5.05.08 Architectural and Site Desian Standards Deviations. These deviation requests shall be subiect to the process and procedures of 5.05.08.F. Deviations and Alternate Compliance. S 1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\9.04.08 Adm devs 090806 PW POI (final).doc DRAFT (090806-13.29) iii. 4.02.16.0, Parkina Standards. These deviation reQuests shall be subiect to the process and procedures of 4.05.04. F.2. IV. 4.02,16. E. Desian Standards For AwninQs, Loadina Docks. and Dumpsters; and, 5.03.04. Dumpsters and Recvclina, limited to: 1) deviation reQuests for individual structures with curbside pickup. that shall be subiect to the process and procedures of 5.03.04 Curbside Pickup, 2) deviation reQuests for locational deviations from the Code, that shall be subiect to the process and procedures of 5.05.08.F. Deviations and Alternate Compliance. v. 4,02,16,F. Landscape and Buffer ReQuirements: and, 4.06.00 Landscapina, Bufferina and VeQetation Retention, These deviation reQuests shall be subiect to the process and procedures of 5,05.08.F. Deviations and Alternative Compliance: and, must additionallv provide a minimum of 110% of the open space reQuirement for Mixed Use Proiects. 9 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\9.04.08 Adm devs 090806 PW PDI (final).doc Text underlined is new text to be added. Toxt strikethro\JQi'l is GurFElnl text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: BCC Directed AUTHOR: C. Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1,2006 LDC PAGE: LDC5: 12 LDC SECTION(S): 5.03.06 Dock Facilities CHANGE: To add language to allow boat canopies on dock facilities, under the same terms as boathouses, as a permitted use in all zoning districts. REASON: Many County residents have constructed boat canopies in place of boathouses, unaware that they are not a permitted use; as a result, they were compelled to either take them down or face possible fines for violation of the Land Development Code. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created on April 4, 2006. Revised August 10, 2006. Revised August 21, 2006. Revised August 29, per CCPC revisions. Amend the LDC as follows: 1.08.02 Definitions "" "" "" "" "" "" "" "" "" "" "" "" "" Boat lift canopy: A coverinq that is applied to a boat lift over a leqallv permitted dock. * * * * * * * * * * * * * 5.03.06 Dock Facilities A. Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the 11 I:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5 03 06 boat canopies 090106-BS-CAF.doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term waterway by the neighboring property owners. B. Allowable uses. The following uses may be permitted on waterfront property: 1. Individual or multiple private docks, 2. Mooring pilings, 3. Davits or lifts. 4. Boathouses, 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following: property line, bulkhead line, shoreline, seawall, rip-rap line, control elevation contour, or mean high water liRit line (MHWL). 2. On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than sixty (60) days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and b. At least fifty (50) percent of the true waterway width, as depicted by the survey, is maintained for navigability, 3. On man made canals sixty (60) feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least thirty-three (33) percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width, D. Determination as principal or accessory use. 1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures, 2. bBoathouses and dock facilities proposed on residentially zoned properties, as defined in section 2,02.02 of this LDC, shall be considered an accessory use or structure. 3. Any covered structure erected on a private boat dock shall be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 5.03,06(G) and 5.03.06(F) of this LDC. E. Standards for dock facilities, The following criteria apply to dock facilities and 12 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5 03 06 boat canopies 090106-BS-CAF.doc Text underlined is new text to be added. Text strikethreugh is Cllrrent text to Be deleted. Bold text indicates a defined term boathouses, with the exception of dock facilities and boathouses on manmade lakes and other man made bodies of water under private control. 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than twenty (20) feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than twenty-five (25) percent of the width of the waterway or protrude greater than twenty (20) feet into the waterway, whichever is less. 3. On manmade canals sixty (60) feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to thirty-three (33) percent of the width of the waterway, provided that the procedures outlined in section 5,03,06(C) are followed, 4. For lots on un bridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply, All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of sixty (60) feet or greater shall have a side setback requirement of fifteen (15) feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below. 6. All dock facilities... {except boathousesh on lots with less than sixty (60) feet of water frontage shall have a side setback requirement of seven and one-half (7.5) feet. 7. All dock facilities... {except boathousesj... on lots at the end or side end of a canal or waterway shall have a side setback requirement of seven and one-half (7.5) feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the two (2) intersecting lots, 9. Riparian lines for all other lots shall be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorolings shorelines, or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water... {line of navigability or edge of navigable channel1, as appropriate, for irregular shorelings shorelines. 10. All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than four (4) inches in height, installed at the outermost end on both sides. For multi-family developments, the house number 13 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5 03 06 boat canopies 090106-BS-CAF.doc Text underlined is new text to be added. Tell<< strikethr-oll!jh is current tel<< to be deleted. Bold text indicates a defined term requirement is waived. 11. Multi-slip docking facilities with ten (10) or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP, If the location of the proposed development is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs, 12. I nformation on the type and destination of boat traffic that will be generated from the facility. 13. Monitoring and maintenance of water quality to comply with state standards. 14. Marking of navigational channels, as may be required. F. Standards for boathouses, Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request: 1. Minimum side setback requirement: Fifteen (15) feet. 2. Maximum protrusion into waterway: Twenty-five (25) percent of canal width or twenty (20) feet, whichever is less. The roof alone may overhang no more than three (3) feet into the waterway beyond the maximum protrusion and/or side setbacks. 3. Maximum height: Fifteen (15) feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses or covered structures per site: One (1), 5. All boathouses and covered structures shall be completely open on all four (4) sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single- family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure, 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practicable, G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existina boat lift attached to a leaallv permitted dock if the followina criteria are met. a. Canopies shall not extend more than 27 inches beyond the width of the boat lift on each side, 14 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5 03 06 boat canopies 0901 06-BS-CAF.doc Text underlined is new text to be added. Text striketArobl@A is Cl,lFreFlt text to ge deleted. Bold text indicates a defined term b. The lenath of the boat lift canopy shall not exceed 35 feet. c. The heiaht of the boat lift canopy shall not exceed 12 feet, measured from the top of the nearest seawall or top of bank, d. The sides of the canopy cover shall remain open on all sides. except that a drop curtain. not to exceed 18" shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awninas and Canopies in the Florida Buildina Code, f. Canopy cover material shall be limited to colors that will blend in with the surroundina habitat such as beiae, blue. areen or white. Prohibited canopy cover colors include vellows. oranaes. reds and other colors that are not consistent with the habitat. 2. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03,06 8.1. above. then a petition may be made to the Plannina Commission which shall review the submittal and either approve or deny the request. * * * * * * * * * * * * * 15 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5 03 06 boat canopies 090106-BS-CAF.doc Text underlined is new text to be added. Text striketRFGugh is current tel<< t8 be aeleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Transportation Services Division AUTHOR: Nick Casalanguida DEPARTMENT: Transportation Planning AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC4:71 LDC SECTION(S): 4.04.01 CHANGE: To require interconnection, both vehicular and pedestrian, between adjacent developments both existing and proposed. REASON: To facilitate efficient vehicular and pedestrian circulation, decrease access points, improve roadway capacity and safety. FISCAL & OPERATIONAL IMP ACTS: Shared access and egress typically provides a net reduction in costs while interconnection typically increases site costs. The actual costs will vary significantly from project to project. RELATED CODES OR REGULATIONS: 4.04.01 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created May 3,2006 - Modified June 17,2006. Revised on Sept 5,2006. Amend the LDC as follows: Add a paragraph "E" to section 4.04.01. E. Durino the development or redevelopment of commercial or residential proiects and all rezone petitions shared access and interconnection shall be required within and to the boundary of the application under review. Should the shared access or interconnection require the removal of existino parkino spaces. the applicable development will not be required to mitioate for the parkino spaces. The County Manaoer or desionee shall require the shared access and interconnection unless in the professional iudoment of the County Manoer or desionee one of the followino criteria prohibits this requirement. 1. It is not physically or leoally possible to provide the shared access or interconnection, 17 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\LDCA 06_1_TSDJnterconnection CCPC approved.doc Text underlined is new text to be added. Text strikethrol:l!JR is Gl:lrFeAt text to be deleted. Bold text indicates a defined term 2, The cost associated with the shared access or interconnection is unreasonable. For this application unreasonable will be considered when the costs exceed the cost of a tvpical local road section or is above 10% of the value of the improvements beinQ made to the development 3, The location of environmentallv sensitive lands precludes it and mitiQation is not possible. 4. The abuttinQ use is found to be incompatible with the existinQ or proposed use, 18 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\LDCA 06_1_ TSD_lnterconnection CCPC approved.doc Text underlined is new text to be added. Text strikethrallgn is Ollrrent text to be deleted. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Transportation Services Division AUTHOR: Nick Casalanguida DEP ARTMENT: Transportation Planning/Development Review AMENDMENT CYCLE: Cycle 1,2006 LDC PAGE: LDC6:7 LDC SECTION(S): 6.02.02.A. (or elsewhere as appropriate) CHANGE: To add language that refers to section 6.02.02.A., which currently sets forth the purpose and intent of the adequate public facilities management and monitoring program, a major component of which is the Transportation Concurrency Management System (TCMS); said proposed language to provide for the County Manager or designee authority to deny or delay issuance of a final local development order if the final local development order is found to be inconsistent with the said purpose and intent of the TCMS and the mandates of the GMP. REASON: In recent months, staff has had to approve local development orders for multiple de minimis development phases even though, if considered in aggregate with other development phases for the same development, the development orders would not have met concurrency or the intent of section 6.02.02.A. This is because the applicants have scaled the phases to fall just under threshold of de minimis intensity or below the significance test. FISCAL & OPERATIONAL IMP ACTS: This proposed amendment will serve to maintain the integrity of the County's management and monitoring program for adequate public transportation facilities. RELATED CODES OR REGULATIONS: Collier County Growth Management Plan GROWTH MANAGEMENT PLAN IMP ACT: This proposed amendment will enable the County to implement the mandate of the GMP to ensure that adequate public road facilities are available to accommodate development in the County concurrent with the impacts of development while addressing emerging legal loopholes that might undermine the purpose and intent of the GMP. OTHER NOTESNERSION DATE: Created May 5, 2006 - Modified June 17,2006 Amend the LDC as follows: 19 I :\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\LDCA 06_1_ TSD_ TCMS Intent CCPC approved. doc Text underlined is new text to be added. Toxt strikethrough is current text to be deleted. Bold text indicates a defined term 6.02.02 Management and Monitoring Program A. Generally. In order to implement the mandate of the GMP to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park, and road public facilities are available to accommodate development in the County concurrent with the impacts of development on such public facilities, the BCC establishes, pursuant to the terms of this section: (1) a management and monitoring program that evaluates the conditions of public facilities to ensure they are being adequately planned for and funded to maintain the LOS for each public facility, and (2) a regulatory program that ensures that each public facility is available to serve development orders which are subject to the provisions of this section. 1, If the County ManaQer or desiQnee determines that a site development plan or plat application when reviewed cumulativelv with proiects submitted within the last six months from the same master proiect or development does not meet the transportation concurrency requirements or is contrary to the purpose and intent of this section, as defined above. he may withhold approval of said development order application until adequate capacity is available or require the application submittals to be reviewed cumulatively and subsequent impacts to be distributed and accounted for within the same impact boundary of the master proiect or development. 20 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\LDCA 06_1_ TSD_TCMS Intent CCPC approved.doc Text underlined is new text to be added. Text strikethrollgh is current text to be deletod. Bold text indicates a defined term LDC Amendment Request ORIGIN: Transportation Division AUTHOR: Trinity Caudill-Scott DEP ARTMENTS: Transportation AMENDMENT CYCLE # OR DATE: Cycle 1 - 2006 LDC PAGE: LDC6:24-25 LDC SECTIONS: Section 6,06.02 Sidewalk and Bike Lane Requirements CHANGE: Amending text to authorize construction in lieu for sidewalks, pathways and bike lanes. REASON: To develop a comprehensive system of sidewalks, pathways and bike lanes that will achieve the maximum degree of interconnectivity so as to reduce automotive traffic, congestion and reduction in level of service (LOS) on County roadways. FISCAL & OPERATIONAL IMPACTS: The proposed regulations will authorize the development community to construct facilities identified in the Collier County Comprehensive Pathway Plan in lieu of payments in lieu of construction of the required sidewalks for their specific development order. Increase costs to the development community as it relates to pathways are estimated to be as follows: Concrete Construction - $325,500 per mile, $61.65 per linear foot, $10.25 per square foot. Asphalt Construction - $257,750 per mile, $48.82 per linear foot, $8.17 per square foot. RELATED CODES OR REGULATIONS: Various throughout the Code. GROWTH MANAGEMENT PLAN IMPACT: Implements Goal 1, Objective 4, and Policies 4.1, 4.3, 4.4, 4.6, 4.7, and 4.8 of the Transportation Element of the Collier County GMP. OTHER NOTESNERSION DATE: This version was created on March 8, 2006; revised April 3, 2006; revised April 11, 2006, revised April 13, 2006; revised April 17, 2006; revised June 5,2006; revised June 8, 2006; revised August 2, 2006, revised August 14,2006. Amend the LDC as follows: 21 I:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\6 06 02 sidewalks BCC ready 090506.doc Text underlined is new text to be added. Text strikethrolJgh is current text to be doleted. Bold text indicates a defined term 6.06.02 Sidewalks.!. aREl-Bike Lane and Pathway Requirements A. Unless other......ise exempted by the regulations of this LOC, 3 611 developments must construct sidewalks.!. aR€I-bike lanes, and pathways, 'JJhere applic3ble, prior to completion of construction authorized by a fin31 subdivision pl3t, site improvement, or site development pl3n, or 3ny substantial amendment thereto, and as described below: 1. Sidewalks and bike lanes '.vhere required, must be constructed within public and private rights-of-way or easements, which are adjacent to and internal to the site prior to issuance of the first certificate of occupancy for construction authorized bv a final subdivision plat. site improvement. or site development plan. unless otherwise determined bv the County Manaqer or desiqnee. as follows: Typical Cross Sidewalks - Both sides' .t. Bike Lanes - Both sides 1 2;}.4 Section 3-4 6 Feet wide 5 feet wide Arterials and X X collectors Local/l nternal X Accessway 1 - except that only required on one sIde (closest to the development) where nght- of-way is adjacent to, but not within, the subject development and except as set forth below in this section. 2_ unless otherwise determined by the County Manager, or designee, that the existing ROW cross-section is physically constrained or construction would result in unsafe conditions. 3 _ unless otherwise identified on the Collier County Comprehensive Pathways Plan Update. as amended. as a potential off-street pathway corridor. except th3t for residenti31 development projects where 75% or more of th3t project's land area has been 3pproved 3S of [the effective d3te of this ordinance] for site development plans or final subdivision plats with sidewalks or bike lanes th3t 3re only required on one side of the ROW, then all applications for subsequent site de\'elopment plans or final subdivision plat m3Y be 3pproved with sidewalks or bike lanes on only one side of the RO\^!. 4 for de':elopment projects seeking approval of a final subdivision plat or site development pl3n of 25 or fewer d\\'elling units where those units front on 3 RO'!'.' th3t termin3tes in 3 cui de S3C, then sidewalks or bike lanes will only be required on one side of the RO'..lJ! and not around the circumference of the cui de saG-:- 2. Sidewalks and bike lanes. .....here required, must be constructed within public and private riqhts-of-wav or easements, which are internal to the site, as follows: Tvpical Cross Sidewalks - Both sides Bike Lanes - Both sides Section 3456 2 22 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\6 06 02 sidewalks BCC ready 090506.doc 6 Feet wide 5 feet wide Arterials and ~ ~ collectors Local/I nternal ~ Accesswav Text underlined is new text to be added. Tel<< strikett:lr-ol.lgh is clJrrent tel<< to be deleted. Bold text indicates a defined term 1_ except that onlv required on one side (closest to the development) where riqht- of-way is adiacent to, but not within, the subiect development and except as set forth below in this section. 2_ unless otherwise determined bv the County Manaqer. or desiqnee, that the existinq ROW cross-section is phvsicallv constrained or construction would result in unsafe conditions. 3_ except that for residential development proiects where 75% or more of that proiect's land area has been approved as of March 8. 2005 for site development plans or tinal subdivision plats with sidewalks or bike lanes that are on Iv required on one side of the ROW. then all applications for subsequent site development plans or tinal subdivision plat may be approved with sidewalks or bike lanes on onlv one side of the ROW. 4_ for development proiects seekinq approval of a tinal subdivision plat or site development plan of 4 or fewer dwellinq units per qross acre and where 15 or fewer dwellinq units front on a a ROW that terminates in a cul-de-sac. then sidewalks will onlv be required on one side of the ROWand not around the circumference of the cul-de-sac. 5 _ prior to the issuance of individual certificates of occupancy, the required sidewalks alonq the individual parcels frontaqe shall be constructed, 6 _ prior to the issuance of 75% of the certificates of occupancy authorized bv a final subdivision plat. site improvement or site development plan. all sidewalks and bike lanes shall be constructed. unless otherwise determined bv the County Manaqer or desiqnee. 3. Required pathways. as identified in the Collier County Comprehensive Pathways Plan, must be constructed a minimum of 12 feet in width, within public and private riahts-ot-way or easements, which are adiacent to or internal to the site, Prior to issuance of the first permanent certificate of occupancy for construction. authorized bv a final subdivision plat. site improvement. or site development plan. all required pathways shall be provided. unless otherwise determined bv the County Manaqer or desiqnee. 2 1, For sinqle-familv and multi-family site development and site improvement projects within all conventional zoning districts and all sinqle-familv and multi- family residential components of PUD districts: a. Sidewalks, five feet in width, must be provided within a dedicated public or private right-ot-way or other internal access. Where there is no public or private right-ot-way or internal access way proposed within a development, sidewalks must be constructed in accordance with Code standards contained herein to connect from each on-site residential building to a sidewalk within an adjacent private or public right-ot-way or, if no sidewalk 23 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\6 06 02 sidewalks BCC ready 090S06.doc Text underlined is new text to be added. Text strikethrough is currant tellt to be salates. Bold text indicates a defined term exists therein, must connect to the edge of the adjacent paved road within the right-ot-way. b, Alternative sidewalk designs that are determined by the County Manager, or designee, to be at least equivalent in function and area to that which would otherwise be required and would serve each dwelling unit, may be approved. Should a two-directional shared use pathway sidewalk be proposed as an alternative design, then the minimum paved width of the pathway side'llalk must not be less than ten feet. J~. All sidewalks and bike lanes must also be constructed in accordance with design specifications identified in sub-section E- E" below, 4Q, All bicycle lanes must also have signage and be marked in accordance with the latest edition of the U.S.D.Q,T.F.H,W.A. Manual on Uniform Traffic Control Devices. B, All developments required to provide interconnections to existing and future developments must dedicate sufficient right-of-way or easement for all required roads, sidewalks, and bike lanes. Bike lanes and sidewalks interconnections must be constructed concurrently with the required road interconnection. C, Payment-in-lieu of construction or construction at an alternate site, as set forth below, may be authorized or required as part of any corresponding development order or permit, at the discretion of the County manager or designee, for any or all of the following circumstances: 1, where planned right-ot-way improvements are scheduled in the County's capital improvements program (CIP), any governmental entity's adopted five year work program, or any developer's written commitment approved by the County, 2. the cost of proposed sidewalks or bike lanes would be greater than twenty-five (25%) per cent of the development's cost of improvements as determined by the project engineer's estimate approved by the County Manager, or designee, or 3. An existing development has not been constructed with sidewalks or bike lanes and no future connectivity of one or more of these facilities is anticipated by the Comprehensive Pathways Plan or within the Plan's current five year work program. D. In lieu of construction of required sidewalks.l. aAG bike lanes and pathways, all developments approved or required to make payments-in-lieu must either: .1. Provide funds for the cost of sidewalks.l. aAG bike lanes and pathways construction prior to the release of the corresponding development review for final subdivision plat. site improvement. or site development plan, except as stipulated within an approved zoning ordinance or resolution as set forth in the Schedule of Development of Review and Building Permit Fees adopted in the Collier County Administrative Code into a Pathway fund or identified CIP project; ...Q[ 2. Identifv and commit to constructing a proiect with an equivalent length of sidewalk in an area identified in the Needs Plan of the Comprehensive Pathway Plan and approved bv the County Manager or designee. The selected proiect must connect to an existing sidewalk on at least one side and if the remaining side does not connect with an existing sidewalk, it 24 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\6 06 02 sidewalks BCC ready 090506.doc Text underlined is new text to be added. Text strikethrQ~!lh is current text te Be deleted. Bold text indicates a defined term must be connected to the edqe of the existinq pavement. The construction of the sidewalk must be completed prior to issuance of the first certificate of occupancy for construction authorized bv a final subdivision plat. site improvement. or site development plan, unless otherwise determined bv the County Manaqer or desiqnee. E. If pavment-in-Iieu is the recommendation bv the County Manaqer or desiqnee, S~uch funds will be used by the County for future construction of required sidewalks.!. af\G bike lanes and pathways, and system improvements to the bicycle and pedestrian network at locations as close in proximity to the subject site as is feasible, Funds provided as payments-in-lieu do not release the developer from meeting these requirements if the payment-in-lieu amount is less than what would otherwise be required to completely construct all of the required sidewalks.!. af\G bike lanes and pathways. In that event, the development will continue to be obligated to payor construct the outstanding requirements until fully paid or constructed, except that partial payments previously made will fully vest that portion paid. Any future payments-in-lieu will be applied to the developer's continuing obligation to construct sidewalks.!. af\G bike lanes and pathways under the current LDC specifications. Q.,. E. Sidewalk.!. and Bike Lane, and Pathway Design & Construction/Materials. 1." All sidewalks shall be desiqned and constructed in accordance with the latest edition of FDOT's DesiQn Standards. All sidewalks shall be constructed of Portland cement concrete, or paver brick in conformance with the standard right-af-way cross sections contained in appendix B in locations illustrated on an approved site development plan. Concrete sidewalks for roads with a functional classification as an arterial or collector shall be a minimum of four-inches- thick, with a 28-day compressive strength of 3,000 psi and be constructed over a compacted four-inch Iimerock base, or a minimum of six inches thick of concrete which may be constructed without a limerock base but must be constructed over a compacted subgrade; roads with a functional classification as local or with no functional classification (Le" drive or accessways) may be constructed of a minimum of four inches of such concrete over a compacted subgrade. Expansion joints shall be one-half- inch preformed bituminous conforming to the latest edition of ASTM, Contraction joints shall be saw-cut joints with longitudinal spacing equal to the width of the walk. The saw cut depth shall equal or exceed one- forth the concrete thickness, All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction, section 522. Paver brick, sidewalks, or paver brick accents in sidewalks must be installed over a four inch thick, compacted limerock base, except as otherwise allowed above for sidewalks. 2. All bike lanes shall be designed and constructed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" or the "Manual of Uniform Minimum Standards for Design, Construction 25 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\6 06 02 sidewalks BCC ready 090506.doc Text underlined is new text to be added. Text strikethrol,Jgh is current text ts be aalated. Bold text indicates a defined term and Maintenance for Streets and Highways" (commonly known as the "Florida Greenbook") requirements. ~ All pathways shall be designed in accordance with the most current FOOT Bicycle Facilities Planning and Design Handbook as it pertains to shared use pathways, Pathways may be constructed of the following types of materials: a. Concrete - All pathways constructed of Portland cement concrete, shall be a minimum of six inches thick of concrete which may be constructed without a limerock base but must be constructed over a compacted subgrade. Expansion ioints shall be one-half-inch preformed bituminous conforming to the latest edition of A8TM, Contraction ioints shall be saw-cut ioints with longitudinal spacing eaual to the width of the pathway. The saw cut depth shall eaual or exceed one-forth the concrete thickness. All workmanship materials, methods of placement. curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FOOT Standard Specifications for Road and Bridge Construction. b. Asphalt - All pathways constructed of asphalt shall contain a minimum of 12 inches stabilized subgrade (LBR 40), 6 inches compacted lime rock base, & 1,5 inches Type 8-111 asphaltic concrete, unless an alternate cross-section is otherwise determined to be acceptable by the County Manager or designee, 26 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\6 06 02 sidewalks BCC ready 090506.doc Text underlined is new text to be added. Text strikethrough is current text to be doleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Transportation Division AUTHOR: Nick Casalanguida DEPARTMENTS: Transportation Planning AMENDMENT CYCLE # OR DATE: Cycle 1-2006 LDC PAGE: 10:5 LDC SECTIONS: Section 10.02.02 CHANGE: Amending text to require Transportation Impact Statement (TIS) review fee and minimal submittal requirements. REASON: The complexity of the traffic analysis has increased significantly since the implementation of the concurrency management system. Staff anticipates this trend to continue in response to SB 360. The review of the Traffic Impact Statement (TIS) will be partially outsourced to various consulting firms and require more stafftime to review. FISCAL & OPERATIONAL IMPACTS: The increased fee will generate $2,500 per application. The money generated will be used to offset the costs the county incurs outsourcing the review and maintaining the technology to update the TCMS. Staff currently reviews approximately 8-12 TIS submittals a month that contain area wide detailed analysis. RELATED CODES OR REGULATIONS: Various throughout the Code. GROWTH MANAGEMENT PLAN IMPACT: Implements and is consistent with Goal 1, Objective of the Transportation Element of the Collier County GMP. OTHER NOTESNERSION DATE: This version was created on May 15,2006- Modified June 17,2006. Revised August 8, 2006, per ccpe. Amend the LDC as follows: 10.02.02 Submittal Requirements for All Applications * * * * * * * * * * * * G. Transportation impact statements 1. Purpose, a. The purpose of this section is to outline the minimum requirements for the review and define the fees for the 27 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 02 TIS Review Fee ccpe approved 080806.doc Text underlined is new text to be added. Tel<< strikett-lroblgt-l is c1:meFlt tel<< to be delated. Bold text indicates a defined term submittal of transportation impact statements submitted as part of development order applications and rezones. Transportation impact statements will: i. Comply with the existinQ Transportation Impact Statement (TIS) Quidelines and procedures as may be amended from time to time, ii. Provide a trip Qeneration report with distribution for proiects that Qenerate less than 1000 ADT (averaQe daily trips) or less than 100 vehicle trips in the AM and PM peak hour. iii. Provide detailed TIS as defined by the current TIS Quidelines and procedures for proiects that exceed 1000 ADT or more than 100 vehicle trips in the AM or PM peak hour. The limits should be analyzed cumulatively if the proiect is sharinQ a driveway with other developments. In order to implement. maintain and enforce this Code. a fee will be charQed for the initial submittal. The fee upon submission of the TIS shall be as set forth in the schedule of Development of Review and BuildinQ Permit Fees adopted in the Collier County Administrative Code and deposited into a Traffic Impact Statement (TIS) review fund, Until this fee has been paid in full, no action of any type shall be taken. * * * * * * * * * * * * 28 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 02 TIS Review Fee CCPC approved OBOB06.doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Transportation Division AUTHOR: Nick Casalanguida DEP ARTMENTS: Transportation AMENDMENT CYCLE # OR DATE: Cycle 1 -)006 LDC PAGE: LDCIO:113 LDC SECTIONS: Section 10.02.07.C.l.b LDC SUPPLEMENT #: CHANGE: Amending text to require traffic counts and build out status reporting to be provided until a development is 100% built-out per the approved density and allow the county manager or designee to waive the traffic counts under certain criteria. REASON: To monitor and plan for development activities specifically traffic impacts throughout build-out of planned unit developments and keep track of remaining density and intensity that may be developed. The tracking of potential development rights is critical to the County's concurrency management system. The Board of County Commissioners directed staff at the PUD audit workshop held June 13, 2006 to address changes that would allow flexibility in the reporting requirement. FISCAL & OPERATIONAL IMPACTS: The County will be required to monitor these developments until a build-out status is determined and approved by the BCC. The owner(s) of the PUD will be required to report annually until the PUD is considered built-out by the BCC. The owner(s) will incur the cost of providing the traffic counts and reporting. These impacts and costs are consistent with the existing code. RELATED CODES OR REGULATIONS: lO.02.13F GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTESNERSION DATE: This version was created April 6, 2006 - Modified June 17,2006. Revised August 30,2006. Amend the LDC as follows: 29 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 07 C 1 b-PUD monitoring CCPC approved (for BCC).doc Text underlined is new text to be added. Tel<< strikethrough is surreRt tel<< to be deleted. Bold text indicates a defined term 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy * * * * * * * * * * * * * C. Certificate of public facility adequacy. 1. General. * * * * * * * * * * * * * b. Annual Traffic/PUD Monitoring Report, After February 6, 2003, the effective date of this section's amendment, all PUDs which are less than 9Q 100 percent ~built-ouC. must annually submit a report detailing their progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on or before the anniversary date of the PUD's approval by the Board per LDC section 10.02.13.F. The written report must be submitted to, and be in, a format established by the County Manager, or designee, unless payment-in-lieu is provided pursuant to section 1 0.02.13.F., and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements, Traffic/PUD Monitoring Reports which are more than ninety (90) days past due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report, The county manaoer or desionee may waive the traffic counts for the annual monitorinq period for the entire PUD or portions of the PUD when the remainino un-built approved density or intensity produces less than 25 PM peak trips, The PUD owner(s) lithe Developer. Home Owners Association. Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development riohts to any un-built units and declare themselves "built-out" in order to satisfy all reportino requirements. The applicant for a waiver or determination of "built-out" status shall be responsible for any documentation required in order to verify the status of the PUD. The traffic reportino requirements are the responsibility of the entity that retains the remaininq development riohts to any un-built units or intensity. 30 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 07 C 1 b-PUD monitoring CCPC approved (for BCC).doc Text underlined is new text to be added. Text strikethrough is ourreRt text to be aeleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Transportation Services Division AUTHOR: Phil Tindall DEPARTMENT: Transportation Planning AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDCI0:114 & LDCI0:118 LDC SECTION(S): 10.02.07.C.1.e. & 10.02.07.C.4.c. CHANGE: In Section 1O.02.07.C.1.e.: To change the 90-day timeline wherein the applicant may pick up his/her Certificate of Public Facility Adequacy (COA) after said application is approved. In section 10.02.07.C.4.c.: To remove the 20-business day time line wherein the CDES Administrator must review and grant, or deny a COA, except for road facilities. To remove the 20-business day timeline wherein the Transportation Administrator must review and grant, or deny a COA for roads, subject to approval of a final local development order. REASON: The above 90-day time line in section 10.02.07.C.1.e for the applicant to pick up a COA after approval should be changed to the end of the one-year capacity reservation, which starts near the beginning of the development order review process upon approval of the TIS, as set forth in Section 10.02.07.C.4.f., or within 90 days of notification of development order approval, whichever is later. This will give the applicant the full benefit of the one-year capacity reservation, if needed. The above 20-business day timelines in section 10.02.07 .C.4.c should be revised. The 20-day timelines are adequate as a period for staff to review the application for completeness; however, they are not necessarily sufficient to facilitate a complete transportation concurrency review. For example, multiple complete TIS submittals are often required before the Transportation Services Division Administrator, or designee, can accept the indicated peak hour, peak direction trip generation rate and distribution for the purpose of granting a capacity reservation pursuant to section 10.02.07.C.4.f. Changing the language as recommended below would provide staff sufficient time and flexibility to conduct a thorough yet timely concurrency review. FISCAL & OPERATIONAL IMP ACTS: The proposed amendments will ensure the smooth administration of the COA application and review process. RELATED CODES OR REGULATIONS: Section 6.02.00 Adequate Public Facilities Requirements 31 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0.02.07 TSD_COA Application Timelines 090606 (for BCC).doc Text underlined is new text to be added. Text strikethro\;lgh is curreRt text to be doleted. Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMP ACT: The proposed amendments will provide sufficient time for applicants to pick up COAs as needed and will preclude conflicting interpretation of separate, related provisions of Section 10.02.07. OTHER NOTESNERSION DATE: Created April 17, 2006. Revised August 24, per CCPC. Amend the LDC as follows: Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy C. Certificate of public facility adequacy. 1. General * * * * * * * * * * * * * e. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy, Within 90 days of written notification by facsimile or other approved electronic format that an application for a final local development order has been approved and a certificate issued, or prior to expiration of the temporary. one-year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 C.4.f., provided said capacity reservation has more than 90 days remaininQ, whichever of the two occurs later, an applicant may pick up the certificate upon payment of one-half (50 percent) of the estimated transportation impact fees due. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within 90 days the timeline set forth above and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Transportation impact fees for residential development will be estimated using the fee based on the mid-range housing size, unless the residential use qualifies as affordable housing. Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time of a certificate of public facility adequacy application. Additionally, previously vested developments may, pursuant to section 10.02.07 C,1. elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees, Payment of these fees vests the development entitlements for which the certificate of public facility adequacy certificate applies on a continuous basis unless relinquished pursuant to the requirements of this section prior to the end of the third year after the initial impact fee payment. The initial 50 percent impact fee payment is non-refundable after payment and receipt of the certificate of public facility adequacy certificate. 32 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0.02.07 TSD_COA Application Timelines 090606 (for BCC).doc Text underlined is new text to be added. Tel<< strikethroblgt-l is current tol<< to be aalated. Bold text indicates a defined term * * * * * * * * * * * * * 4. Procedure for review of application. * * * * * * * * * * * * c. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the Community Development and Environmental Services Division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for processing no later than the next business day, After receipt of the application for certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator County Manaoer. or desionee, and Transportation Services Division Administrator, or desionee. shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via facsimile or other approved electronic format shall be provided to the applicant specifying the deficiencies, The Community Development and Environmental Services Division Administrator County Manaoer. or desionee, and Transportation Services Division Administrator, or desionee, shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited, Within 20 business Gays a 6fter any application for a certificate except for road facilities is received and the application is determined to be complete, the Community Development and Environmental Services Division J\dministrator County Manaoer, or desionee. shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in section 10.02.07 C,5, of this Code, The Transportation Services Division Administrator. or desionee, shall review the related traffic impact statement and. if there are no outstandino transportation-related issues associated with the applicable development order application, grant. or deny a one-year traffic capacity reservation for roads within 20 business days pursuant to subsection 10.0207 CAf, within the then effective submittal review time frame set forth by the Community Development and Environmental Services Administrator County Manaqer, or desionee. after the application is determined to be oomplete. At the Transportation Services Division Administrator's or desionee's discretion. based upon his/her professional iudoment. orantino of said traffic capacity reservation may be withheld beyond the aforementioned time frame as lono as there are outstandino transportation-related issues associated with the applicable development order application until after receipt and review of re-submittal(s) that remedy all of the said outstandino transportation-related issues. If the Transportation Services Division Administrator or desionee determines that the applicable development order application can be approved with stipulations related to outstandino transportation-related issues, he/she shall orant the said one-year traffic capacity reservation for 33 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0.02.07 TSD_COA Application Timelines 090606 (for BCC).doc Text underlined is new text to be added. Text striket!:lr-G\,jgh is curreRt tel<t to be deleted. Bold text indicates a defined term roads within the aforementioned submittal review time frame, or at the earliest opportunity thereafter. The traffic capacity reservation will be qranted durinq and as part of the applicable development order review and decision makinq procedures set forth in this chapter, subject to a final concurrency determination, issuance of a COA and tAe approval of the final development order. 34 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0.02.07 TSD_COA Application Timelines 090606 (for BCC).doc Text underlined is new text to be added. Text strikethrollQh is Gl,lrrent text 10 be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Transportation Division AUTHOR: Nick Casalanguida DEPARTMENTS: Transportation Planning AMENDMENT CYCLE # OR DATE: Cycle 1 -_2006 LDC PAGE: 10: 132 LDC SECTIONS: Section 10.02.13.D CHANGE: Require the approved zoning density and intensity in a PUD to be tied directly to the submitted and approved build-out year as defined in the Traffic Impact Statement (TIS) and include a provision that any un-built approved density and intensity within a PUD automatically expires if the PUD is completely built-out on the ground when the PUD reaches its anniversary date in the proposed build-out year. The term "built-out on the ground" shall mean that all the property within the PUD boundary has received a local development order. Additionally, any remaining density and intensity that exceeds a period of two years from the build-out year as defined on the TIS submitted with the zoning application shall expire. REASON: Density and intensity that is approved as part of a PUD is often more than what can be physically built on the ground within the PUD boundary when consideration for wetlands, preserve and other requirements are fulfilled as part of receiving local development orders. The remaining un-built density and intensity forces the county and land owners to track and consider these units for planning purposes and may have unexpected consequences to existing and future traffic congestion. The build-out year as submitted with the application for zoning is critical when reviewing existing and future land use petitions therefore it is essential that the proposed build out year is considered a bench mark for the approval of the PUD density. FISCAL & OPERATIONAL IMP ACTS: None. RELATED CODES OR REGULATIONS: Various throughout the Code. GROWTH MANAGEMENT PLAN IMP ACT: Implements Goal 1, Objective of the Transportation Element of the Collier County GMP. OTHER NOTESNERSION DATE: This version was created on May 12,2006- Modified June 17,2006. Revised August 9, 2006. Amend the LDC as follows: 35 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.13 PUD buildout CCPC approved (for BCC).doc Text underlined is new text to be added. Text striketRrough is curreRt text to be aelated. Bold text indicates a defined term 10.02.13 Planned Unit Development (PUD) procedures D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning services department director, not met the time frames and development criteria outlined in section 10.02.12 of this Code as applicable, For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: 1. For PUDs approved prior to October 24, 2001 the landowner(s) shall: a, Obtain approval for improvements plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master Plan or other development orders for at least 15 percent of the gross land area of the PUD site every five years from the date of approval by the board of county commissioners; and b. Receive final local development orders for at least 15 percent of the total number of approved dwelling units in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years from the date of approval by the board of county commissioners. c. Any PUD approved before October 24, 2001 that receives subsequent amendment approval shall be subject to the development criteria and time limits established for those PUDs approved on or after October 24, 2001 as outlined in section 10.02,12 of this Code, 2. For PUDs approved on or after October 24, 2001, but orior to [the date of adoption ordinance] the land owner shall: a. For residential portions of PUDs, initiate physical development of infrastructure improvements, including access roads, internal roads, sewer and water utilities and any other related infrastructure, that supports a minimum of 15 percent of the designated residential area or areas of the PUD by the third anniversary date of the PUD approval. An additional 15 percent of such infrastructure shall be completed every year thereafter until PUD buildout; and 36 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.13 PUD buildout CCPC approved (for BCC).doc Text underlined is new text to be added. Tel<< strikethro"'!Ii:l is s",rrent tel<< te Be aeleted. Bold text indicates a defined tenn b, For the nonresidential portions of PUDs and commercial and industrial PUDs the owner entity shall initiate physical development of a minimum of 15 percent of authorized floor area when approved on the basis of a defined amount of floor space, by the third anniversary date of the PUD approval. In the event the floor area is not the defining intensity measure, then 25 percent of the land area to include some representative portion of the building space shall be constructed by the third anniversary of the PUD approval date. The same amount of development shall be required every year thereafter up to an amount representing 75 percent of authorized buildable area and floor area, Thereafter the PUD shall be exempt from these sunset provisions. c. If in the event of a moratorium or other action or inaction of government that prevents the approval of any local development order the duration of the suspension of the approval shall not be counted towards the three-year sunset provision. 3. For PUDs approved on or after the date of adoption of this revision the land owner shall: a. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference year for the approved density and intensity. Two years after the build out year as defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remainino density or intensity that has not been approved bv the appropriate site development plan or plat and received a certificate of public adequacy (COA) shall be considered expired and void of any remainino development riohts. In the event that action or in-action bv the County or any reoulatorv aoencv or leoal action prevents the approval of a development order. the duration of the suspension of the approval shall not be counted towards the expiration provision above, continoent that the applicant has been dilioentlv pursuino a local development order or permit throuoh any of the required reoulatorv aoencies. The county manaoer or desionee must be notified in writino of the circumstances of the delav with the appropriate documentation. b. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference year for the approved density and intensity. On the build out year as defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remainino density and 37 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.13 PUD build out CCPC approved (for BCC).doc Text underlined is new text to be added. TeKt strikett-lrough is Cl:lrr-eRt text to be deleted. Bold text indicates a defined term intensity shall be considered expired if all of the lands within the PUD boundary have received approval throuQh site development plans or plats and received a certificate of public adeauacy (COA). For non residential portions of a PUD. section (a) above allows for two additional years to amend the site development plan(s) in order to apply for development orders for any remaininQ intensity within non residential sections of the PUD. [Renumber subsections D. 4-7 to D. 5-8] 38 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.13 PUD buildout CCPC approved (for BCC).doc Text underlined is new text to be added. Tellt strikethrol:lgt:l is sl:lrrent tellt to be deleted. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Smart Growth Advisory Committee AUTHOR: Smart Growth Advisory Committee & Jean Jourdan, Senior Planner DEPARTMENT: Comprehensive Planning Department AMENDMENT CYCLE # OR DATE: Cycle 1 LDC PAGE: LDC 2:28 LDC SECTION: Planned Unit Development Districts Sec. 2.03.06 LDC SUPPLEMENT #: Supplement 1 CHANGE: Add language addressing design criteria and standards for Residential Mixed Use PUD's. REASON: A Smart Growth Advisory Committee was established pursuant to Ordinance #2001-41: that committee sunsetted in 2005. The Committee's function was to assist staff in the implementation of a community character plan for Collier County. Prior to its sunsetting the committee implemented two subdistricts (Residential Mixed Use Neighborhood Subdistrict & Commercial Mixed Use Subdistrict) into the Growth Management Plan for Mixed Use Development. Within one year of the effective date of the regulations establishing the two subdistricts, the Land Development Code was to be amended as necessary to implement the subdistricts. As a result, the Committee is requesting to incorporate new implementing language into the LDC to provide regulations for the two existing mixed-use subdistricts. FISCAL & OPERATIONAL IMPACTS: The creation of design criteria and standards for residential mixed use development PUD's is not expected to produce a direct cost or monetary benefit upon adoption. The newly created districts will have no effect upon the built environment in terms of creating new non-conformities throughout the County, but will allow for mixed use development opportunities throughout the County where applicability standards are satisfied, The operational systems are already in place for the process associated with a Residential Mixed Use PUD project. RELATED CODES OR REGULATIONS: Commercial Mixed Use Subdistrict and the Residential Mixed Use Neighborhood Subdistrict in the Future Land Use Element of the Growth Management Plan. GROWTH MANAGEMENT PLAN IMP ACT: The creation of these design criteria is a manifestation of the direction provided within the existing Residential Mixed Use Neighborhood Subdistricts, which calls for the establishment of regulations within the Land Development Code to implement the subdistrict. 39 1:\LDC~mendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc Text underlined is new text to be added. Text strikethrol.lgJ:1 is Cl.lrrent text tG be deleted. Bold text indicates a defined term OTHER NOTESNERSION DATE: This version created on March 17,2006 and revised August 7, 2006, pursuant to CCPC direction. The initia11anguage is the result of a two year collaborative effort between the Smart Growth Advisory Committee and County Staff. Last revised 9-06-06. Amend the LDC as follows: 2.03.06 Planned Unit Development Districts * * * * * * * * * * * * * G. Residential Mixed Use Neiqhborhood Center PUD Desiqn Criteria. 1:. Purpose and Scope, The Residential Mixed Use Neiqhborhood Center PUD Desiqn Criteria is intended to encouraqe the development of residential proiects with a limited mix of commercial uses with a context of smart qrowth desiqn. Such mixed-use proiects are intended to be developed at a human-scale with a pedestrian orientation. interconnectinq with adiacent proiect. whether commercial or residential. The Residential Mixed Use Neiqhborhood Center PUD is allowed in the Urban Mixed Use District contained within the FLUE and subiect to the standards and criteria set forth under the Residential Mixed Use Neiqhborhood Subdistrict and the requlations contained herewith. 2. Residential PUD mixed use proiects shall complv with the followinq standards and criteria. These desiqn criteria are applicable to Residential Mixed Use Proiects. those proiects approved prior to the effective date this amendment. shall not be required to adopt the desiqn criteria contained here within durinq anv future PUD amendments. a. Uses in the commercial component are limited to those allowed in the C-1. C-2 and C-3 zoninq districts as contained in the Collier Countv Land Development Code, b, The commercial component shall be no larqer than 10 acres in size and shall not exceed 80,000 square feet of qross leasable floor area. c, A maximum of one acre of land for commercial uses is allowed for each five acres of land for residential uses. d, The minimum size for a proiect utilizinq the Residential Mixed Use PUD shall be qreater than 5 acres. e. No sinqle commercial use in the commercial component shall exceed 15,000 square feet of qross leasable floor area, 40 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc Text underlined is new text to be added. Taxt strikethrol:lgl:l is cl,Jrrent text to be aelated. Bold text indicates a defined term except that a orocerv store or supermarket shall not exceed 45,000 square feet of oross leasable floor area. f. The maximum floor area ratio for commercial uses is 0.25, of the commercial component. g, Residential density shall be no less than the base density allowed bv the FLUE Densitv Ratino System. For properties located in the Urban Residential Frinoe, the minimum density shall be as allowed bv that Subdistrict. h, For freestandino residential uses, acreaoe to be used for calculatino density is exclusive of the commercial component and of any acreaoe component for a use with a residential eQuivalencv, e,o. ALF-adult Iivino facilitv. For properties not located in the Urban Residential Frinae, eliaible density shall be as allowed bv the FLUE Densitv Ratina System, or as allowed under the existina residential zonina district. or as otherwise allowed bv FLUE, Policv 5,1, For properties located in the Urban Residential Frinae, eliaible density shall be as allowed bv that Subdistrict. i. For residential uses located within the commercial component of the proiect. whether located above commercial uses in the same buildina, in an attached buildina, or in a freestandina buildina; density is calculated based upon the aross proiect acreaae. For properties not located in the Urban Residential Frinae, eliaible density is the base density allowed bv the Densitv Ratina System. less any reductions. For properties located in the Urban Residential Frinae, eliaible density shall be as allowed bv that Subdistrict. j. The proiect is encouraaed to use a orid street system, or portion thereof, so as to afford maximum opportunity for interconnections with surroundina properties and to provide multiple route alternatives. k. The proiect shall provide street. pedestrian pathway and bike lane interconnections with adiacent properties. where possible and practicable, I. The commercial component shall be interconnected with the residential component of the proiect bv streets, or pedestrian pathways. and bike lanes, unless precluded bv the existence of wetlands or other environmentallv sensitive habitats, In such instance, no less than one type of interconnection shall be provided. m. All buildinas shall be limited to five stories in heiaht. inclusive of under buildina parkina, not to exceed the zoned heiaht and in no case areater than 60 feet. 41 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc n. 3. Text underlined is new text to be added, Text strikethroug'" is surrent text to be deleted. Bold text indicates a defined term The commercial component of the proiect shall be internally located with no direct access to adiacent external roadways, or the commercial component shall have frontaqe on a road classified as an arterial or collector in the Transportation Element. o. If the commercial component is not internally located, then its frontaqe shall be no qreater than twice its depth, p. For proiects located alonq an arterial or collector road, the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adiacent arterial or collector roadway, q. The setback for proiects which are adiacent to residentially zoned properties shall be a minimum of 15 feet. Pedestrian Pathways. a. The pedestrian pathways alonq the main streets shall be a minimum of 21 feet in width, which shall have a pedestrian travel zone that is unobstructed and continuous. (See diaqram.) b. Pedestrian pathways shall be provided pursuant to section 4.02.3 8 0 of the LOC and shall include: street furnishinqs, a street tree plantinq zone, and a pedestrian travel zone. (This is not applicable to internal parkinq lots.) c, Overhead arcades, awninqs or canopies, may extend over the dininq and display zone as well as the pedestrian travel zone at a minimum heiqht of 8 feet. Furnishinqs or other obstructions shall be kept out of the pedestrian travel zone. d. Outdoor dininq at buildinq arcades or outdoor areas may be enclosed by planters, decorative fencinq, or comparable moveable barriers. The dininq area shall not encroach into the pedestrian travel zone. e, Buildinq elements in the form of arcades, overhanas. sianaae, marquees. bay windows, and structural supports shall be allowed to extend over the pedestrian travel zone, These allowable overhead encroachments shall have a minimum clearance of 8 feet heiqht above the sidewalk, 42 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for aCC).doc Text underlined is new text to be added. Text strikethrough is ourrenllext 10 be aeleted. Bold text indicates a defined term MIXED USE PEDESTRIAN PATHWAY SECTION (Internal Street Section) 4' MIN. FROM FACE -j 8' MIN. HEIGHT ~l 5' MINIMUM , CAR DOOR ZONE PEDESTRIAN TRA VEL ZONE 21' MINIMUM PEDESTRIAN PATHWAY 43 I: ~~~~~~4mendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc DATE: 8/2006 FILE: PADESTRIAN PATHWAY Text underlined is new text to be added. Text strikethrc)llgR is ourrent text to be deleted. Bold text indicates a defined term 4. Street Furnishinos & Street Plantinos. a. Street furnishinos shall be provided in coniunction with the street tree plantino zone. Street furnishinos shall include benches per LOC Section 4.06,03 B. 8, one waste/recyclino receptacles per 300 lineal feet of street frontaoe. and bike racks per LOC Section 4.05,08, Street furnishinos may also include bus shelters. information kiosks, and similar furnishinos. b. Site furnishinos (not associated with an individual business) shall be coordinated and fabricated of compatible materials, c. Visual obstructions shall not be allowed within sioht trianoles/spaces at street intersections pursuant to section 4,06.01 0.1 of the Code, d, The street tree plantino zone shall have a minimum width of 5 feet and a minimum lenoth of 10 feet and be located parallel to the curb. Root barriers are required to protect sidewalks and utilities. L. Within the street tree plantino zone, street trees shall be spaced at a rate of 40 feet on center and may be clustered, The street tree pattern may be interrupted by overhead arcades, utilities, and pedestrian access. . Trees shall have a minimum heioht at the start of branchino of 8 feet and have an overall plantino heioht of 16 feet. Palm trees are allowed as a substitute to canopy trees where buildino elements (Reference LOC 2.03.06 G. 3.e, and LOC 2.03.06 G. 7. b. i. and ii.) are closer to the street and the amount of space for landscapino. the pedestrian travel zone, and street furnishinos will not allow canopy trees. Areas for canopy trees should be included at plazas. street intersections. and other areas where buildinos are set back and space will allow. ii. Plantinos shall include a variety of tree and shrub species with at least 50% of the required trees and 35% of the required shrubs beino plants native to Florida. iii. Plantino zones at the oround plane shall include turf orass; oroundcover, low shrubs or flowerino plants. 5, Landscape. a. General Landscape. 44 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc Text underlined is new text to be added. Text strikatl:1ral,l!ilh is Cl-ment text ta be deleted. Bold text indicates a defined term L. Provide a variety of tree and shrub species with at least 50% of the required trees and 35% of the required shrubs beino plants native to Florida, ii. Canopv trees used in open landscape areas (other than street trees) shall be a minimum of 10 feet in heioht. havino a 4 foot spread and a minimum caliper of 1% inches. iii. Plantinos shall be a maximum of 25% turf orass. The balance shall be oroundcover, low shrubs and/or flowers located in plantino areas as is appropriate to the desion, iv. Irrioation shall be provided for all plantino areas. Irrioation control boxes and appurtenances shall be located away from direct public view, v. Landscape buffers per section 4.06,02 of the Code "Buffer Requirements" shall applv to the external boundaries of the mixed use development only. Landscape buffers shall not be required internal to the mixed use development proiect. b. Parkino Lot Landscapino. i. Up to 30 % of the landscape islands may have a minimum width of 5 feet inside plantino area and shall be planted with a palm tree equivalent. ii. Minimum tree size shall be 1% " caliper and a minimum of 10 feet in heioht. iii. The perimeter of all parkino lots frontino public rioht-of- ways shall be screened to a minimum heioht of 24 inches usino walls, fences, landscapino or any combination thereof, iv. Parkino lot perimeter landscapino areas shall be a minimum of 8 feet in width, Shrubs shall be arranoed in a staooered pattern with a minimum size of 3 qallons at the time of plantino to provide year-round screenino. Trees shall be included in the perimeter landscape area at a minimum spacino of one tree/palm per 25 feet of lineal frontaoe. Street trees within the rioht-of-way mav be used to meet this requirement. 6. Buildino Foundation Plantinos 45 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for aCC).doc Text underlined is new text to be added. Text Etrikethrough is curr-ent teKt tEl be Eleleted. Bold text indicates a defined term a. Buildino foundation plantinos shall be required per section 4.06,05.B.4" of the Code except as follows: The buildino reoardless of its size, shall provide the equivalent of 10% of its oround level floor area, in buildino foundation plantino area. A continuous buildino foundation plantino width is not required per section 4,06,05.8.5.a. of the Code. However. the foundation plantinos shall be located within 21 feet of the buildino edoe in the form of landscaped courtyards and seatino area landscapino. 7. Buildino Architectural Standards a. The Mixed Use Proiects shall include architectural features that provide visually interestino buildino desion at a scale appropriate for pedestrian and automobile. i. Buildino facades shall be desioned to reduce the mass and scale of the buildino. by providino arcades, windows. entry features, and other desion treatments in compliance with section 5.05,08 of the Code. except as follows. II. Covered pathways and arcades shall be constructed with columns a minimum width of 12 inches. if masonry and 10 inches wide. if constructed of finished steel products. iii. For buildings 3 stories or more, pedestrian scale at the street level shall be maintained by incorporation of facade variations such as massino, texture. color or materials on the primary facades between the first and subsequent stories~ b. The followino architectural options are in addition to the list of required desion treatments identified in subsection 5.05.08 C,2, of the Code. i. Open arcade or covered walkway with a minimum depth of 8 feet and a total minimum lenoth of 60 percent of the facade. ii. A buildino recess or proiection of the first floor with minimum depth of 8 feet and total minimum lenoth of 60% of the facade lenoth. iii. Architectural elements such as balconies and bay windows with a minimum depth of 3 feet and that cover a minimum of 30 % of the facade above the first floor. (Storm shutters, hurricane shutters. screen enclosures or any other comparable feature, if applied as part of the structure, must also comply with the required minimum depth,) 46 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc Text underlined is new text to be added. Text strikethrough is surreAt text to be deleted. Bold text indicates a defined term 8. Sion Tvpes & Definitions, a. Definitions i. Sandwich boards: A portable sion comprised of two sion panels hinoed tooether at the toP. ii. Flao Banners: Fabric panels hanoino from or stretched between brackets proiectino from Iioht poles, b. Permitted Sion Tvpes i. All sions shall be in compliance with Section 5,06 of the Code, except as follows: ii. Awnino Sions: In addition to any other sion allowed bv this code, The front vertical drip of an awnino may be stenciled with letter or oraphics. A ten percent clear area border is required on all four sides of the front vertical drip, iii. Proiect Entrance Sions - Two oround or wall sions shall be allowed at the main entrance to the development with a maximum heioht of 6 feet subiect to the followino requirements, a) The sions shall contain on Iv the name of the development, the insionia or motto of the development and shall not contain promotional or sales material b) The sions shall be limited to 60 square feet of sion area each and shall not exceed the heioht or lenoth of the wall upon which it is located. c) The oround or wall sion shall maintain a 10 foot setback from any property line unless placed on a wall subiect to the restrictions set forth in the Section 5.06 of the Code. c. Residential and Neiohborhood Amenitv Sions - One oround sion shall be allowed for each residential tract, parcel or amenity with a maximum heioht of 4 feet subiect to the followino requirements, I. The sion shall contain onlv the name of the residential neiohborhood and the insionia, ii. The oround or wall sion shall be limited to 30 square feet of sion area and shall not exceed the heioht of the lenqth of the wall upon which is located, 47 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc Text underlined is new text to be added. TelEt strikethrol,lgh is Cl,lrreRt tel<!: to bo Eleloted. Bold text indicates a defined term iii. Ground or wall sion shall maintain a 10 foot setback from any property line unless placed on a wall subiect to the restrictions set forth in the Code. Q.. Sandwich boards are permitted on the above oround floor. one per establishment. not to exceed 6 square feet of sion area in size and shall onlv be displaved durino business hours. (maximum 2 faces at 6 Sq. feet each). e, Flao Banners: Vertical or horizontal panels of woven fabric ror formed synthetic materiall attached to. and proiectino from lioht poles within the proiect that act to identify. throuoh 1000, letterino, or a combination thereof, the unified control of the proiect from developer throuoh and to proiect's Association. The maximum sion area shall be proportional to the heioht of the pole: 1. 16 feet pole - 15 Sq ft, maximum (2 faces at 15 square feet each ii. 20 foot pole - 20 Sq ft. maximum (2 faces at 20 square feet each iii. 30 foot pole - 36 Sq ft. maximum (2 faces at 36 square feet each f. Seasonal and/or Special Events Banners: Vertical or horizontal panels that may be attached to desionated fixtures located within the proiect at the time of site development plan submission, The number of desionated fixtures for such panels shall be proportionate in number to parcels at a ratio of one to six (1 to 6), and are restricted to application within the commercial locations or sections of the proiect. o. Prohibited Sion Tvpes I. Portable or mobile sions except sandwich boards. ii. Off-site sions. iii. Proiectino or Pole sions iv. Fluorescent colors 9. Parkino Requirements. Mixed-use proiects have the opportunity to provide a variety of parkino options to residents and patrons and remove parkino areas as the focal point of the development. Mixed-use proiects reduce vehicular trips. and thereby reducino the number of parkino spaces. bv utilizino pedestrian-oriented desion and reducino the distance between residential and commercial uses. a. Definitions 48 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 0306 residential PUD mixed use 8-09-06 SGAC (for BCC).doc Text underlined is new text to be added. Text strikethrough is curr:enl text to be deleted. Bold text indicates a defined term i. On-street Parkino - Parkino spaces located adiacent to. and accessed directly from the roadway. ii. Off-street Parkino - Parkino spaces located within parkino lots or parkino structures and accessed off the roadway. iii. Parkino lot - A oround-Ievel area utilized for parkino spaces accessible from the road and usually adiacent to the use it serves. iv. Parkino structure - A multi-level parkino area utilized for parkino spaces that serve establishments within walkino distance of the structure. The structure mayor may not be adiacent to the establishments it serves, b. Desion Criteria and Dimensional Requirements On-street Parkino i. Parallel parkino shall be a minimum of 9 feet wide by 23 feet lono, II. Anoled parkino may be 45 deorees or 60 deorees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet lono, c, Desion Criteria and Dimensional Requirements Off-street Parkino i. Location - Parkino lots or parkino structures shall be located to the rear of buildinos located on the main street. or the alono the secondary/side streets. Off-street parkino shall not occur in front of the primary facade. ii. Lots shall be desioned to keep all circulation between aisles internal to the lot. Driveways to parkino areas shall be a minimum of 24 feet wide. iii. 90 deoree parkino spaces shall have a minimum drive aisle width of 24 feet and stall size of 9 feet by 18 feet. iv. 60 deoree anoled parkino shall have a minimum drive aisle width of 20 feet. if one-way. and 24 feet. if two-way. Parkino stall size shall be a minimum of 9 feet x 18 feet. d. Handicap Parkino. Handicap parkino shall be located to facilitate the most direct and safest route to buildino entries and meet all applicable codes. e. Parkino Structures 49 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc Text underlined is new text to be added. Text strikethrellgh is sllrreAl text tEl ~e deleted. Bold text indicates a defined term I. Parkino structure facades shall be desioned to screen views of automobiles by the oeneral public from adiacent streets and driveways. ii. Parkino structures without oround floor retail or residential uses alono the front facade shall have a minimum 10-foot wide. Buildino Foundation Landscapino pursuant to section 4.06.00. of the Code, Where the parkino structure is attached to the buildino or adiacent to preserve area, and the preserve area meets the otherwise required landscapino, no additionallandscapino is required, iii. All structures with uncovered parkino on the top level shall have rooftop planters around the perimeter that is a minimum of 5 feet wide located around a minimum of 80% of the perimeter of the parkino inteoral to the structure, or suitable architectural features to soften the buildino edoe. iv. Parkino structure liohtino shall be a maximum of 20 feet in hei!:!ht. Liohtin!:! shall incorporate full shield cut-offs to contain Iioht to the surface of the deck only. v, Parkino structures are also allowed to be located below orade and below habitable space, These structures must be accessed from the rear of the buildino. f. General Requirements and Shared Parkino Aoreements. i. The total number of parkino spaces provided in a mixed- use proiect shall be determined by the intended uses as required by section 4.05,00 of the Code. Off-street Parkino and Loadino unless modified herein. ii. Commercial areas (with streets internal to the project) must utilize on-street parkino to meet at least a portion of the parkino requirement. iii. One half of the on-street parkino spaces located within one block or 0.125 mile, whichever is less, may contribute toward an individual establishment's parkin!:! requirement. iv. If a commercial area is developed in one phase with one Site Development Plan application the on-street parkino may be utilized to meet parkino requirements in a one-to- one ratio. v. The overall parkino requirement may be reduced at the time of Site Development Plan approval by consideration of a shared parkino analysis and aoreement. The analysis shall demonstrate the number of parkin!:! spaces available 50 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc Text underlined is new text to be added. Text strikethrough is curreRt text to ~e aeleted. Bold text indicates a defined term to more than one use or function. recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by County staff and the applicant during the pre-application meeting, or during ongoing discussion, during the Site Development Plan review process, vi. Establishments providing valet parking services may not utilize parking areas designated for shared use by a shared parking agreement for the storage of vehicles parked by this service, unless allowed by the shared parking agreement. vii. Residential areas that are within a block or 0.125 mile of a commercial area but are not directly accessible bv a vehicle due to gating or lack of vehicular interconnection may not utilize on-street parking in the commercial area to meet the residential parking requirement. viii. Residential areas may utilize on-street parkina that is abutting a residential unit to meet the parking requirement in a one to one ratio. If parkina spaces are used to meet a residential parking requirement they may not then be utilized to meet any of the commercial requirement. 1 O~ Service Areas a. Loading docks, solid waste facilities, recvcling facilities and other services elements shall be placed to the rear or side yard of the building in visually unobtrusive locations with minimum impacts on view. b. Refuse containers and facilities shall be hidden by an opaque wall or fencing of sufficient height to screen the bin and any appurtenances, but not less than 6 feet in height. Chain link fencing, wood fencing and chain link gates are not allowed. Walls shall be constructed of a material compatible with the principal structure it is serving, Landscaping with vines or other plants is encouraged. Enclosures shall include solid latchable gates to avoid blowing refuse. c. Service area recesses in the building and/or depressed access ramps should also be used where applicable. d, Businesses are encouraged to consolidate and share refuse areas and equipment. 51 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2 03 06 residential PUD mixed use 8-09-06 SGAC (for BCC).doc Text underlined is new text to be added. Text strikethrough is curreAt text to Be aeleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Smart Growth Advisory Committee AUTHOR: Smart Growth Advisory Committee, Jean Jourdan, Senior Planner, staff liaison to that Committee, and Mike Bosi, AICP, Principal Planner DEPARTMENT: Comprehensive Planning Department AMENDMENT CYCLE # OR DATE: Cycle I LDC PAGE: LDC 1.08.02,2.04.03,2.06.01 & 4.02.38 LDC SECTION: Definitions Sec. 1.08.02, Zoning District and Use 2.04.03, and Site Design and Development Standards Sec. 4.02.38 Special Requirements for Mixed Use projects within C-I, C-2 and C-3 Zoning Districts. LDC SUPPLEMENT #: Supplement I CHANGE: Add language addressing the design criteria and standards to implement Commercial Mixed Use projects as a conditional use with accompanying design standards in existing C-l, C-2 and C-3 Zoning Districts. REASON: A Smart Growth Advisory Committee was established pursuant to Ordinance #2001-41: that committee sunsetted in 2005. The Committee's function was to assist staff in the implementation of a community character plan for Collier County. Prior to its sunsetting the committee has implemented two subdistricts (Residential Mixed Use Neighborhood Subdistrict & Commercial Mixed Use Subdistrict) into the Growth Management Plan for Mixed Use Development. Within one year of the effective date of the regulations establishing the two subdistricts, the Land Development Code was to be amended as necessary to implement the subdistricts. As a result, the Committee is requesting to incorporate language into the LDC to provide regulations for the two existing mixed-use subdistricts. FISCAL & OPERATIONAL IMPACTS: The creation of the design criteria and standards for commercial mixed use development projects is not expected to produce a direct cost or monetary benefit upon adoption. The newly created districts will have no effect upon the built environment in terms of creating new non-conformities throughout the County, but will allow for mixed use development opportunities throughout the County where applicability standards are satisfied. The operational system are already in place for the administrative review of commercial mixed use projects. RELATED CODES OR REGULATIONS: Commercial Mixed Use Subdistrict in the Future Land Use Element of the Growth Management Plan. 53 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1 C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikelhroblgi:l is Gurrent text t8 be deletod. Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: The creation of these design criteria is provided for within the Commercial Mixed Use Subdistrict, which calls for the establishment of regulations within the Land Development Code to implement the subdistrict. OTHER NOTESNERSION DATE: This version created on March 17, 2006, and revised on April 27, 2006 after a two year collaborative effort between the Smart Growth Advisory Committee and county Staff. Last revised August 29, 2006 based upon the CCPC hearings. Amend the LDC as follows: 1.08.02 Definitions Pedestrian pathway- The area between the Road Riqhts-of-Way and the buildinq within the Commercial Mixed Use Proiect and the Residential Mixed Use PUD Proiect. The Pedestrian pathway shall include: street furnishinqs; a street tree plantinq zone, and a pedestrian travel zone, and shall be a minimum of 21 feet in width, Pedestrian travel zone - The area within a Pedestrian pathway located in a Commercial Mixed Proiect or a Residential Mixed Use Proiect in which furnishinqs or other obstructions shall be kept out to promote pedestrian movement. The pedestrian travel zone shall be a minimum of 5 feet in width. * * * * * * * * * * * * * 2.04.03 Table of Land Uses in Each Zoning District. * * * * * * * * * * * * * Table 2, Land Uses that May be Allowed in each Zoning District as accessory Uses or Conditional Uses "0 N <") ~ I I C=conditional use U U - ..... I oj , I aU (l) (l) .- I u ..... "'N s:: (\l A =accessory use '" (l) (l) ~ <.B u '2 (l) 2l:S (l) E > 0...0 s::: (l) '"@- 0 ..... U s:: .u r: ...... .... (l) '"@ '"@ (l) s:: '(3 '(3 S (l) SO .... .... (l) (l) ACCESSORY AND 0 S S U S S CONDITIONAL USES 0 0 U U Mixed Use uses C16 C16 C16 16 Subiect to design criteria contained in Section 4.02.38 54 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikethrough is E:urrent text to be deleted. Bold text indicates a defined term 2.06.01 Generally A. Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base density of four (4) residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight (8) dwelling units per gross acre to the base density of four (4) residential dwelling units per gross acre, for a total of twelve (12) residential dwelling units per gross acre, plus any other density bonuses available, and minus any density reduction for traffic congestion area required, pursuant to the Collier County GMP, The total eligible density must not exceed a total of sixteen (16) dwelling units per gross acre, except as allowed through use of transfer of development rights, as provided for in the growth management plan. The program to accomplish this increase to provide affordable housing is called the affordable housing density Bonus (ADHB) program. B, Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed a total of 16 dwelling units per gross acre. C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a density range of one-half to four dwelling units per gross acre. The allowed 55 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text striketi:lrOlJ!ilA is ClJr-rent text to be eleletod. Bold text indicates a defined term density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one- half to twelve and one-half residential dwelling units per gross acre, plus any other density bonuses available, D. In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB, 1, Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the County Manager or his designee, If the proposed development is to include affordable housing, the housing and urban improvement director must participate in the preapplication conference. The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may be combined with an application for a planned unit development (PUD), a rezone, a Stewardship Receiving Area, or a Conditional Use (CU) for a Commercial Mixed Use project as provided for within Section 4.02.38 of LDC. 2. Application. An application for AHDB for a development must be submitted to the County Manager or his designee in the form established by the County Manager or his designee. One additional copy of the application as otherwise required must be provided for the housing and urban improvement director. The application must, at a minimum, include: 56 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added, Text strikethreugl:1 is Gurr-ent text to be Gelated. Bold text indicates a defined tenn a. Zoning districts proposed by the applicant on the property and acreage of each; b. The total number of residential dwelling units in the proposed development, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; c. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of affordable housing units proposed in the development categorized by level of income, number of bedrooms, and rental units and owner-occupied units: i. Moderate income households (one bedroom, two bedrooms, or three bedrooms or more). ii. Low income households (one bedroom, two bedrooms, or three bedrooms or more). iii. Very low income households (one bedroom, two bedrooms, or three bedrooms or more). IV. Total affordable housing units (one bedroom, two bedrooms, or three bedrooms or more). e. Gross density of the proposed development; f. Whether the AHDB is requested in conjunction with an application for a planned unit development (PUD), an application for rezoning, an application for a Stewardship Receiving Area, or a conditional use application for a Commercial Mixed Use proiect as provided for within Section 4.02,38 of LDC. ; and g. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. 57 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text striketAHllIgt.l is cllrr-ent text to Be aelated. Bold text indicates a defined term 3. Determination of completeness. After receipt of an application for AHDB, the housing and urban improvement director shall determine whether the application submitted is complete, If he determines that the application is not complete, the housing and urban improvement director shall notify the applicant in writing of the deficiencies, The housing and urban improvement director shall take no further steps to process the application until the deficiencies have been remedied. 4, Review and recommendation by the County Manager or designee. After receipt of a completed application for AHDB, the County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section, The County Manager or designee must coordinate with the development services director to schedule the AHDB application with the companion application for rezoning, planned unit development, stewardship receiving area or, commercial mixed use conditional use and must recommend to the planning commission and the BCC to deny, grant, or grant with conditions, the AHDB application. The recommendation of the County Manager or designee must include a report in support of recommendation, * * * * * * * * * * * * * 4.02.38 Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning Districts A. Purpose and Scope. The Commercial Mixed Use desiqn criteria are to encouraqe the development and the re-development of commercially zoned properties with a mix of residential and commercial uses, Such mixed-use proiects are intended to be developed at a human-scale with a pedestrian orientation, interconnectinq with adiacent proiect. whether commercial or residential. A Commercial Mixed Use Proiect is allowed in the Urban Mixed Use District contained within the FLUE and subiect to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban- Commercial District and the requlations contained herewith. B, Applicability. All properties zoned C-1, C-2 and C-3. These requlations shall applv to all mixed-use proiects proposed within these zoninq districts, subiect to the desiqn criteria set forth, These desiqn criteria address the relationship of buildinqs. parkinq, vehicular. and pedestrian movement to create a pedestrian oriented experience, Buildinqs are encouraqed to be built close to the vehicular and pedestrian way to create a continuous active and vibrant 58 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikethreugh is surreRt text to be aelelod. Bold text indicates a defined term streetscape utilizing the architecture, landscaping, lighting, signage, and street furnishings. Vehicular travelways support two-way traffic and on street parking, A logical pedestrian pathway system is provided throughout that connects the pedestrian movements from one use to another or within use areas. Building arcades and awnings are allowed to extend over the sidewalk to create shade and encourage pedestrian activity. Signage design shall be carefully integrated with site and building design to create a unified appearance for the total proiect. Creativity in the design of signs is encouraged in order to emphasize the unique character of the proiect. Proiects utilizing these design criteria will be developed in compliance with the LDC. except as specified herein, C. Commercial Mixed Use Design Criteria, Proiects utilizing the Commercial Mixed Use option within a C-1, C-2, or C-3 Zoning District shall comply with the following standards and criteria. 1. These design criteria are applicable to the C-1 through C-3 zoning districts. 2. Commercial uses and development standards shall be in accordance with the commercial zoning district on the subiect property, unless modified within these regulations, 3. Residential density is calculated based upon the gross commercial proiect acreage. For property in the Urban Residential Fringe Subdistrict. density shall be as limited by that Subdistrict. For property not within the Urban Residential Fringe Subdistrict. but within the Coastal High Hazard Area. density shall be limited to four dwelling units per acre: density in excess of three dwelling units per acre must be comprised of affordable-workforce housing in accordance with Section 2.06.00 of the Land Development Code, Ordinance No. 04-41. as amended, For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area, density shall be limited to sixteen dwelling units per acre: density in excess of three dwelling units per acre and up to eleven dwelling units per acre must be comprised of affordable-workforce housing in accordance with Section 2.06,00 of the Land Development Code, Ordinance No. 04-41. as amended. In case of residential uses located within a building attached to a commercial building or in the case of a freestanding residential building, building square feet and acreage devoted to residential uses shall not exceed seventy percent (70%) of the gross building square footage and acreage of the proiect. 59 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikethrsygA is Gyrrant text to se deleted. Bold text indicates a defined term 4. The proiect shall provide street. pedestrian pathway and bike lane interconnections with adiacent properties. where possible and practicable, 5. The proiect shall to the oreatest extent possible use a orid street system, or portion thereof, so as to afford maximum opportunity for interconnections with surroundino properties and to provide multiple route alternatives, O. Pedestrian Pathways. 1. This desion criteria is only applicable to streets internal to commercial mixed use proiect. it is not applicable to proiect portion frontino on existino collector or arterial roadway. 2. The pedestrian pathways alono the main streets shall be a minimum of 21 feet in width. (See diaoram below) 3, Pedestrian pathways shall be provided pursuant to Collier County LOC Section 4.02.38 0 and shall include: street furnishinos, a street tree plantino zone, and a pedestrian travel zone, (This is not applicable to internal parkino lots). 4. Overhead arcades, awninos or canopies, may extend over the dinino and display zone as well as the pedestrian travel zone at a minimum heioht of 8 feet. Furnishinos or other obstructions shall be kept out of the pedestrian travel zone, 5. Outdoor dinino at buildino arcades or outdoor areas may be enclosed by planters, decorative fencino, or comparable moveable barriers. The dinino area shall not encroach into the pedestrian travel zone. 6, Buildino elements in the form of arcades. overhanos. sionaoe, marquees, bay windows, and structural supports shall be allowed to extend over the pedestrian travel zone. These allowable overhead encroachments shall be have a minimum clearance of 8 feet heioht above the sidewalk, 60 1:\LDCj.mendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1 C-2C-3 09-01-06 (for BCC).doc E. Street Furnishinas & Street Plantinqs. Text underlined is new text to be added. Text striketRrou~h is current text to be deleted. Bold text indicates a defined term 1. This desian criteria is on Iv applicable to streets internal to commercial mixed use proiect. it is not applicable to proiect portions frontinq on existina collector or arterial roadways. 2. Street furnishinqs shall be provided in coni unction with the street tree plantina zone. Street furnishinas shall include benches per LOG Section 4.06,03 B. 8, one waste/recvclina receptacle per 300 lineal feet of street frontaqe, and bike racks per LOG Section 4.05.08. Street furnishinas may also include bus shelters, information kiosks, and similar furnishinqs 3. Site furnishinas (not associated with an individual business) shall be coordinated and fabricated of compatible materials. 4. Visual obstructions shall not be allowed within siaht trianales/spaces at street intersections pursuant to 4.06.01 0.1 of the LOG. 5. The street tree plantina zone shall have a minimum width of 5 feet and a minimum lenqth of 10 feet and be located parallel to the curb. Root barriers are required to protect sidewalks and utilities. i. Within the street tree plantinq zone, street trees shall be spaced at a rate of 40 feet on center and may be clustered. The street tree pattern may be interrupted bv overhead arcades, utilities, and pedestrian access. Trees shall have a minimum heiqht at the start of branchina of 8 feet and have an overall plantina heiaht of 16 feet. Palm trees are allowed as a substitute to canopy trees where buildina elements (Reference LOG 2.03,06 G 3,e, and LOG 2.03.06 G 7.b, i and in are closer to the street and the amount of space for landscapinq, the pedestrian travel zone, and street furnishinas will not allow canopy trees. Areas for canopy trees should be included at plazas, street intersections, and other areas where buildinas are set back and space will allow. ii. Plantinqs shall include a variety of tree and shrub species with at least 50% of the required trees and 35% of the required shrubs beina plants native to Florida. iii. Plantina zones at the around plane shall include turf arass; aroundcover. low shrubs or flowerina plants. 61 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text striketluo"'llh is c",rreRt text to be deleted. Bold text indicates a defined term F. Landscape. 1:. This desion criteria is onlv applicable to streets internal to commercial mixed use proiect. it is not applicable to proiect portion frontino on existino collector or arterial roadway. 2. Provide a variety of tree and shrub species with at least 50% of the required trees and 35% of the required shrubs beino plants native to Florida. 3. Canopy trees used in open landscape areas (other than street trees) shall be a minimum of 10 feet in heioht. havino a 4 foot diameter spread and a minimum caliper of 1% inches. 4 Plantinos shall be a maximum of 25% turf orass, The balance shall be oroundcover. low shrubs and/or flowers located in plantino areas as is appropriate to the desion, 5 Irrioation shall be provided for all plantino areas. Irrioation control boxes and appurtenances shall be located away from direct public view. 6. Landscape buffers per LDC 4,06.02 of the Code "Buffer Requirements" shall applv to the external boundaries of the mixed use development onlv. Landscape buffers shall not be required internal to the mixed use development proiect. G, Parkino Lot Landscapino, 1. Up to 30 % of the landscape islands may have a minimum width of 5 feet inside plantino area and shall be planted with a palm tree equivalent. 2. Minimum tree size shall be 1-% " caliper and a minimum of 10 feet in heioht. 3. The perimeter of all parkino lots frontino public rioht-of-wavs shall be screened to a minimum heioht of 24 inches usino walls, fences, landscapino or any combination thereof. 62 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikethrol,l!lh is Gl,Irrent tellt to Be aeleted. Bold text indicates a defined term 4. Parkino lot perimeter landscapino areas shall be a minimum of 8 feet in width. Shrubs shall be arranoed in a staooered pattern with a minimum size of three oallons at the time of plantino to provide year- round screenino, Trees shall be included in the perimeter landscape area at a minimum spacino of one tree/palm per 25 feet of lineal frontaoe. Street trees within the rioht-of-way may be used to meet this requirement. H. Buildino Foundation Plantinos, 1. Buildino foundation plantinos shall be required per section 4.06.05 of the Code, except as follows~;, The buildino reoardless of its size, shall provide the equivalent of 10% of its oround level floor area, in buildino foundation plantino area, A continuous buildino foundation plantino width is not required per section 4,06.05 of the Code. However, the foundation plantinos shall be located within 21 feet of the buildino edoe in the form of landscaped courtyards and seatino area landscapino. I. Buildino Architectural Standards, 1. The Mixed Use Proiects shall include architectural features that provide visually interestino buildino desion at a scale appropriate for pedestrian and automobile. a. Buildino facades shall be desioned to reduce the mass and scale of the buildino, by providino arcades, windows, entry features, and other desion treatments in compliance with Section 5,05.08 of the LDC except as follows; b. Covered pathways and arcades shall be constructed with columns a minimum width of 12-inches, if masonry and 10 inches wide, if constructed of finished steel products. c. For buildinas 3 stories or more, pedestrian scale at the street level shall be maintained by incorporation of facade variations such as massino, texture, color or material on the primary facades between the first and subsequent stories. d, The followino architectural options are in addition to the list of required desion treatments identified in subsection 5.05.08 C,2. of the Code: 63 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikett-lrol,lgt-l is Gl,lrr-eAt text to be deleted. Bold text indicates a defined term I. Open arcade or covered walkway with a minimum depth of 8 feet and a total minimum lenoth of 60 percent of the facade. ii. A buildino recess or proiection of the first floor with minimum depth of 8 feet and total minimum lenoth of 60% of the facade lenoth. iii. Architectural elements such as balconies and bay windows with a minimum depth of 3 feet and that cover a minimum of 30 % of the facade above the first floor. (Storm shutters. hurricane shutters. screen enclosures or any other comparable feature. if applied as part of the structure. must also comply with the required minimum depth). J. Sion Types & Definitions. 1. Definitions a. Sandwich boards: A portable sion comprised of two sion panels hinoed tooether at the toP. b. Flao Banners: Fabric panels hanoino from or stretched between brackets proiectino from Iioht poles. 2. Permitted Sion Types. ~ All sions shall be in compliance with Section 5.06 of the Code, except as follows: b. Awnino Sions: In addition to any other sion allowed by this code. The front vertical drip of an awnino may be stenciled with letter or oraphics. A ten percent clear area border is required on all four sides of the front vertical drip. f:. Proiect Entrance Sions - Two oround or wall sions shall be allowed at the main entrance to the development with a maximum heioht of 6 feet subiect to the followino requirements. i. The sions shall contain only the name of the development. the insiania or motto of the development and shall not contain promotional or sales material 64 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text &trikethrol,lgt-l is GurF9nt text to be deleted. Bold text indicates a defined term ii. The sions shall be limited to 60 square feet of sion area each and shall not exceed the heioht or lenoth of the wall upon which it is located. iii. The oround or wall sion shall maintain a 10 foot setback from any property line unless placed on a wall subiect to the restrictions set forth in the Section 5.06 of the Code. d. Residential and Neiohborhood Amenity Sions - One oround sion shall be allowed for each residential tract. parcel or amenity with a maximum heioht of 4 feet subiect to the followino requirements. i. The sion shall contain only the name of the residential neiohborhood and the insionia. ii. The oround or wall sion shall be limited to 30 square feet of sion area and shall not exceed the heioht of the lenoth of the wall upon which is located. iii. Ground or wall sion shall maintain a 10 foot setback from any property line unless placed on a wall subject to the restrictions set forth in the Code. e. Sandwich boards are permitted on the above oround floor, one per establishment. not to exceed 6 square feet of sion area in size and shall only be displayed durino business hours. (maximum 2 faces at 6 SQ. feet each). f. Flao Banners: Vertical or horizontal panels of woven fabric ror formed synthetic materiall attached to, and proiectino from Iioht poles within the proiect that act to identify, throuoh 1000, letterino, or a combination thereof. the unified control of the project from developer throuoh and to proiect's Association. The maximum sion area shall be proportional to the heioht of the pole: i. 16 feet pole - 15 SQ ft. maximum (2 faces at 15 square feet each ii. 20 foot pole - 20 SQ ft. maximum (2 faces at 20 square feet each iii. 30 foot pole - 36 SQ ft. maximum (2 faces at 36 square feet each o. Seasonal and/or Special Events Banners: Vertical or horizontal panels that may be attached to desionated fixtures located within the proiect at the time of site development plan submission. The number of desionated fixtures for such panels shall be proportionate in number to parcels at a ratio of one to 65 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1 C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikethrel,lgh is surreAl text to be deletod. Bold text indicates a defined term six (1 to 6), and are restricted to application within the commercial locations or sections of the project. 3. Prohibited Sion Types. a. Portable or mobile sions except sandwich boards. b. Off-site sions. c. Proiectino or Pole sions d. Fluorescent colors K. Parkino Requirements. Mixed-use developments have the opportunity to provide a variety of parkino options to residents and patrons. Mixed-use proiects reduce vehicular trips, and the number of required park spaces by utilizino pedestrian-oriented desion and reducino the distance between residential and commercial uses. 1. Definitions. a. On-street Parkino - Parkino spaces located adiacent to, and accessed directly from the roadway. b. Off-street Parkino - Parkino spaces located within parkino lots or parkino structures and accessed off the roadway. c. Parkino lot - A oround-Ievel area utilized for parkino spaces accessible from the road and usually adiacent to the use it serves. d. Parkino structure - A multi-level parkino area utilized for parkino spaces that serve establishments within walkino distance of the structure. The structure mayor may not be adiacent to the establishments it serves. 2. Desion Criteria and Dimensional Requirements On-street Parkino. a. Desion criteria only applicable to streets internal to commercial mixed use proiect. not applicable to proiect portion frontino on existino collector or arterial roadway 66 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 02 38 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikethrel,lgh is Sl,lrreAt text to Be seleted. Bold text indicates a defined term b. Parallel parkino shall be a minimum of 9 feet wide by 23 feet lono. For every four on-street parkino spaces provided a landscape island that is 8 feet wide and 15 feet lono and is surrounded by Type D concrete curbino, shall be provided in addition to the pedestrian clear zone landscape requirement. The corners adiacent to the travel lane shall be anoled at least 45 deorees away from perpendicular with the curb in order to provide adequate inoress and eoress from each parallel parkino space. Each island shall be planted with hedoes, oroundcover and/or orasses less than 36 inches hioh and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of plantino. c. Anoled parkino may be 45 deorees or 60 deorees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet lono. For every four on-street parkino spaces provided a landscape island that is 12 feet wide and 15 feet lonq and is surrounded by Type D concrete curbino, shall be provided in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedoes. oroundcover. and/or orasses less than 36 inches hioh and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of plantino 3. Desion Criteria and Dimensional Requirements Off-street Parkino. a. Location - Parkino lots or parkino structures shall be located to the rear of buildinos located on the main street. or the alono the secondary/side streets. Off-street parkino shall not occur in front of the primary facade. b. Lots shall be desioned to keep all circulation between aisles internal to the lot. Driveways to parkino areas shall be a minimum of 24 feet wide. c. 90 deoree parkina spaces shall have a minimum drive aisle width of 24 feet and stall size of 9 feet by 18 feet. d. 60 deoree anoled parkino shall have a minimum drive aisle width of 20 feet. if one-way. and 24 feet. if two-way. Parkino stall size shall be a minimum of 9 feet x 18 feet. 67 I:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 0238 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikett-lrougt-l is surreAt text to Be aeletes. Bold text indicates a defined term 4. Handicap Parkino. Handicap parkino shall be located to facilitate the most direct and safest route to buildino entries and meet all applicable codes. 5. Parkino Structures. a. Parkino structure facades shall be desioned to screen views of automobiles by the oeneral public from adiacent streets and driveways. b. Parkino structures without oround floor retail or residential uses alono the front facade shall have a minimum 10-foot wide, Buildino Foundation Landscapino pursuant to section 4.06.00. of the Code. Where the parkino structure is attached to the buildino or adiacent to preserve area, and the preserve area meets the otherwise required landscapino, no additional landscapino is required. L. All structures with uncovered parkino on the top level shall have rooftop planters around the perimeter that is a minimum of 5 feet wide located around a minimum of 80% of the perimeter of the parkino inteoral to the structure, or suitable architectural features to soften the buildino edoe. iL. Parkino structure liohtino shall be a maximum of 20 feet in heioht. Liohtino shall incorporate full shield cut-offs to contain Ijoht to the surface of the deck only. iii. Parkino structures are also allowed to be located below orade and below habitable space. These structures must be accessed from the rear of the buildino. c. General Requirements and Shared Parkina Aoreements I. Desion criteria only applicable to streets internal to commercial mixed use proiect. not applicable to proiect portion frontino on existino collector or arterial roadway ii. The total number of parkino spaces provided in a mixed-use proiect shall be determined by the intended 68 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 0238 Mixed Use C-1C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Text strikett-lrough is current tell!: to be deleted. Bold text indicates a defined term uses as required by section 4.05.00 of the Code, Off- street Parkino and Loadino unless modified herein. iii. Commercial areas (with streets internal to the proiect) must utilize on-street parkino to meet at least a portion of the parkino requirement. iv. One half of the on-street parkino spaces located within one block or 0.125 mile. whichever is less. may contribute toward an individual establishment's parkino requirement. v. If a commercial area is developed in one phase with one Site Development Plan application the on-street parkino may be utilized to meet parkino requirements in a one-to-one ratio. vi. The overall parkino requirement may be reduced at the time of Site Development Plan approval by consideration of a shared parkino analysis. The analysis shall demonstrate the number of parkino spaces available to more than one use or function, recoonizino the required parkino will vary dependino on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. The shared parkino analysis methodolooy will be determined and aoreed upon by County staff and the applicant durino the pre-application meetino, or durino onooino discussion, durino the Site Development Plan review process. vii. Establishments providino valet parkino services may not utilize parkino areas desionated for shared use for the storaoe of vehicles parked by this service, unless allowed by a shared parkino aoreement. viii. Residential areas that are within a block or 0.125 mile of a commercial area but are not directly accessible by a vehicle due to oatino or lack of vehicular interconnection may not utilize on-street parkino in the commercial area to meet the residential parkino requirement. 69 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 0238 Mixed Use C-1C-2C-3 09-01-06 (for aCe).doc Text underlined is new text to be added. Text strikethrel,lgt-l is curraAt text to Be deleted. Bold text indicates a defined term ix. Residential areas may utilize on-street parkino that is abuttino a residential unit to meet the parkino requirement in a one to one ratio. If parkino spaces are used to meet a residential parkino requirement they may not then be utilized to meet any of the commercial requirement. L. Service Areas. 1. Loadino docks. solid waste facilities, recyclino facilities and other services elements shall be placed to the rear or side yard of the buildino in visually unobtrusive locations with minimum impacts on view. 2. Refuse containers and facilities shall be hidden by an opaque wall or fencino of sufficient heioht to screen the bin and any appurtenances. but not less than 6 feet in heioht. Chain link fencino. wood fencino and chain link oates are not allowed. Walls shall be constructed of a material compatible with the principal structure it is servino. Landscapino with vines or other plants is encouraoed. Enclosures shall include solid lachable oates to avoid blowino refuse. 3. Service area recesses in the buildino and/or depressed access ramps should also be used where applicable. 4. Businesses are encouraoed to consolidate and share refuse areas and equipment. 70 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 0238 Mixed Use C-1 C-2C-3 09-01-06 (for BCC).doc Text underlined is new text to be added. Toxt Etrikethrough iE currant text to be deleted. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Copeland Rezoning Request, Petition: RZ-2005-AR-7445 AUTHOR: Michael J. DeRuntz, CFM Wayne Arnold, Q. Grady Minor & Associates DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE: Cycle I, 2006 LDC PAGE: LDC2:14 LDC SECTION(S): Section 2.03.07 Overlay Zoning Districts CHANGE: Create a new zoning overlay district classification: Copeland Zoning Overlay (CZO), rezone approximately 94 acres of land within the urban designated area of the Copeland community from CON-ACSC/ST to VR-ACSC/ST<4>, and amend the official zoning atlas maps 2912S, 2913N and 2913S to include reference to the CZO and VR-ACSC/ST zoning change. REASON: The development of the Copeland community is a mix of single-family and mobile home residential units. The community has identified additional desired land uses and other development requirements which will better address unique characteristics of the Copeland community, which are not allowed under the current codes. This amendment has been initiated by the Collier County Board of Commissioners in order to address unique community issues arising in the urban area of the Copeland Community, and to rectify a situation where portions of developed properties are partially zoned VR-ACSC/ST and CON-ACSC/ST, The existing zoning boundaries have created confusion among the County staff, community and individual property owners due to the dissimilar uses permitted within each district. County staff, and planning and environmental consultants have been working with housing staff and members of the Copeland Civic Association over the past year to address these issues in the Copeland area. The purpose of the overlay and rezoning case is to facilitate continuity in zoning and land use activities for the community of Copeland. Although no specific development activity results from the creation of the overlay or zoning change from CON-ACSC/ST to VR-ACSC/ST, an Environmental Impact Statement (EIS) has been prepared in support of the proposed amendments. The Civic Association and residents have supported the proposed zoning changes and creation of the overlay to address several zoning issues specific to the Copeland Community. A community survey was developed by the Copeland Civic Association and many of the issues addressed have been incorporated into the draft zoning overlay. The proposed amendments will provide more 71 \\bccfp0201\FabacherCatherine\My Documents\2006 LDC Amend Cycle 1\2 03 07 Copeland overlay 051006 WA (2).DOC Text underlined is new text to be added. Text strikothrou€Jh is current text to be deleted. Bold text indicates a defined term uniform and unique land uses regulations within the VR zoned areas Copeland urban designated area. FISCAL & OPERATIONAL IMPACTS: N/ A RELATED CODES OR REGULATIONS: Section 2.04.03 Table of Land Uses in Each Zoning District GROWTH MANAGEMENT PLAN IMPACT: The properties are within the urban designated lands on the Future Land Use Map and the proposed zoning overlay and zoning changes are consistent with the GMP. OTHER NOTESNERSION DATE: Created March 21,2006. Revised on May 10,2006. Amend the LDC as follows: Section 2.03.07 Overlay Zoning Districts P. Copeland Zonino Overlay (CZO) 1. Purpose. To create development standards which address the unique community characteristics of the Copeland community. 2. Applicabilitv. The Copeland Zonino Overlay (CZO) boundary is delineated on the map below, and these standards apply to those portions of the Copeland Community. which are in private ownership and located within the urban desionated lands on the Collier County Future Land Use Map. 72 \\bccfp0201 \FabacherCatherine\My Documents\2006 LDC Amend Cycle 1 \2 03 07 Copeland overlay 051006 WA (2).DOC CD I- I- CON-ACS"'...J8T COI4-AC$Cr.rr I \ \ " CON-ACOOtST u \- ..,;;;;:.,;:8i;:;;;:;r;<>8 /;;f;;;;~;/;;<<,;;v. !;"';;i,/~;/ ~/: ~0/ 'x/ ':{f,4>;::\ :;::/;/:>%;l/; I/;~;: ~~,~ ~~'t;X /;//'~./ ./ f/~/:;~;:;;;:<~ ./ \ // d ://////1/;/// / ;; /1'..,.,/ f;( /.// I.;;'/; ,..~.~ :if. //> . /;'~,,;/ f/;~;;:<' ~ 'A J)(':i . 1;/;/;;:;> I.>; ~.......;;;;t/: -1 {:l/);>>\' I>,'; !<>::;.;;;;~~// ':i/;~; I~~)(' '.) 1/. ~</:f<',;/~:,)7::;\,"//;';%;-:;;;:~/" /;~" . // ';:01;:;I"'-;:, //;,:/../;.. .' 1:/-// // // .' ;// :/ :/// . '.' / r.? /;;;/';>' :/ ;/ -;:;:'/ >//J . r./~ /;;,~.;;;;/ ~ ~..~. ~;?;.///;?/i r;;;;';:;';:?"'/8;;,}:a'/" C4-ACSCIST [,/.( .///// '.. "//// / ; / ;:JI/;: /P//'. . ".;/.,/ / '.' /// /.:.;..1: . L//,/ '//."//. ......, ,/ r //;;;>;/ .'..'....:.;.l.,.. /'.'../.'.".,/. /' . .../..r.. "..t. ":.'.;~'..'.'.}.j / ~ /:';;;'/ .;./://// .' ". ..,-,"""......, .,~ / I, · '/.//. <,::.~}:;'."'// '4~.f. ..........:.j; ~/.''''.~' .....":::.:..~....~......:. 7".4 ~;/ t :;;:.~~;~> /..I~~~ 0":/ A .. .,'l~ / . fr/ .;: r> ;/.;;::: ;; :'~V'~" 0'.: ...:;.r,: . / /!i'':":~'./ :;:1/ ./.:;~>:/ // /;>' ......~./ . '/./ .' "'!/!> :1/ i //>;~;;; '.' / :/ .' ."-......~.. "';;"":rI>:5 r?/~;;~///x '. ~~. '~.'-'I" . ,/ >; /. C~~'/ )~;~/~/} ~;~~}~; .' '.:~E.'."7.'.'. /!t,1>: '."; ~ /.' ./;/;;/9&;;i:t;;>/~//~; IX/;;:;,.....,.'" , / .1;>>;///.:.>> '<i/e ;<:, //:. , ,. ','. I.:; ';////1 ;;;?::; >; .::;7""".Y;'1.,.J<: /\ ~l%rl(/'/ .// // />/ "/""".. ,-.///. ;/ / ." /.'C . .,/ "/ /;~/>~;;.:" "'."1" ;c;. CAe;;; / A-ACSClST j- 1/ 'f jl,.At.."SCIST I - I ,.I 7 "" / ~I CQM-AC8C1ST f 1 \ A-ACSC'ST COPELAND ZONING OVERLAY COLUER COUNTY, FLORIDA () o l!.CCFT. <tOOfT. GOOfT. 1IOOfT. , SCAli I~ ft<<1\GSCJ$T 73 LEGEND CZO ~>:. /:;;/>j I I URBAN DESGNA TlON BOUNDARY PREPARED BY: GRAPHICS MiD TEQ-iNIC^L SUPPORT SECTION COIJ~UNITY DEVELCP~nlT AHO EtlVlROHMENTAL SE:RVlCES DIVlSIDH DATI: 11/2004 flLE: COPElAtlD-URB.IJ.I-MAP.DWO \\bccfp0201\FabacherCatherine\My Documents\2006 LDC Amend Cycle 1\2 03 07 Copeland overlay 051006 WA (2).DOC Text underlined is new text to be added. Text strikethrough is ourrent text to be €leletecl. Bold text indicates a defined term 3. Permitted uses. a. All principal and accessory uses permitted bv riqht in the VR- ACSC/ST zonina district as identified in section 2.04.03 of the LOC as of [the effective date of this ordinance] In the event any conflicts arise between the underlvina zoning district requirements and those contained in the Copeland Zonina Overlav, the requirements of the Copeland Zonina Overlav shall supersede the underlvina zoninq requirements. b. The followinq uses may be permitted onlv on lands adiacent to Church Street: i. Churches and places of worship ii. Community centers iii. Civic and cultural facilities iv. Recreational facilities v. Post Office vi. Food Store (no qas services) c. Area of Critical State Concern (ACSC) and Environmental Compliance. Nothinq herein shall exempt any land use from complvinq with the Area of Critical State Concern requirements of section 4.02.14 of the LOC. The development of sinqle familv dwellings on existinq lots of record within the VR- ACSC/ST zoninq district shall be exempt from requirements to provide an Environmental Impact Statement (EIS); however, any subdivision or site development plan may be required under section 10.02.02 of the Code to submit an EIS for review bv Collier County. 4. Prohibited Uses. a. Multi-familv dwelling units shall be prohibited on all VR zoned properties located within the Copeland Zoninq Overlav as desiqnated on the official zoninq atlas map. 5. Accessory Uses. 74 \\bccfp0201 \FabacherCatherine\My Documents\2006 LDC Amend Cycle 1 \2 03 07 Copeland overlay 051006 WA (2).DOC Text underlined is new text to be added. Toxt strikethrough is current text to be seleted. Bold text indicates a defined term a. Parkinq and storaqe of recreational equipment / commercial vehicles. i. Within the VR-ACSC/ST zoning district. boats. trailers, recreational vehicles or other licensed recreational equipment may be stored in any yard subiect to the followinq conditions: a) Recreational vehicles and equipment may not be used for livinq, sleepinq, or housekeepinq purposes when parked or stored. b) Recreational vehicles or equipment stored under this section of the LDC shall not exceed 35 feet in lenqth. c) Recreational vehicles exceedinq 35 feet in lenqth may only be parked or stored in accordance with section 2.01.00 of the LDC. d) No more than 2 commercial vehicles. 35 feet or less in lenqth. shall be permitted to be parked at the property owner's residence, unless one or more of the vehicles are temporarily engaqed in construction or service operation. i) Parkinq for the property owner's licensed commercial vehicles shall only be permitted within driveways, qaraqes, and/or carports in accordance with Collier County requlations. ii) Commercial vehicles qreater than thirty-five (35) feet or qreater in lenqth shall be prohibited from parkinq or beinq stored on residentially utilized property. e) Commercial eQuipment such as crab traps, and other seasonal commercial eQuipment may be stored on the owner's residential property in any yard. b. Keepinq of animals/fowl as accessory use. On VR-ACSC/ST parcels a minimum of two (2) acres in area or qreater, individual property owners may keep a maximum of 25 poultry 75 \\bccfp0201\FabacherCatherine\My Documents\2006 LDC Amend Cycle 1\2 03 07 Copeland overlay 051006 WA (2).DOC Text underlined is new text to be added. Text strikethrough is cl,lrr-ent text to Be deleted, Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Chrzanowski, P.E. DEP ARTMENT: Engineering Review Department AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: Many LDC SECTION(S): 3.02.10 E., 3.03.05, 3.05.10 A. 5 CHANGE: Add references to North American Vertical Datum (NA VD) to the LDC. REASON: National Geodetic Vertical Datum (NGVD 29) is no longer supported by the National Geodetic Survey (NGS), The new vertical datum is North American Vertical Datum (NA VD 88). NA VD is more accurate than NGVD. Our county's LiDAR is done to NA YD. The Benchmark loops through Golden Gate Estates done by NGS are to NA YD. The new FEMA Flood Insurance Rate Maps are to NA VD with NGVD equivalents listed for safety's sake. Unfortunately, all SFWMD permits are to NGVD. We will have to use both data simultaneously for a few years to avoid mistakes, FISCAL & OPERATIONAL IMPACTS: Collier County's entire engineering infrastructure was designed using NGVD as datum, as were all the private subdivisions that tie to it. If done improperly, there could be tremendous impacts in any designs involving the open flow of water and the setting of road and home grades. RELATED CODES OR REGULATIONS: The Code of Laws and Ordinances contains a few references to NGVD that will have to be modified. GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version done 15 April 06, Amend the LDC as follows: 3.02.10 Standards for Subdivision Plats A. All subdivision plats shall be consistent with the need to minimize flood damage. B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage. 77 I :\LDC _Amendments\LDC Cycle 1 - 2006\New Amendments\3.02.1 0 NA VD 071006 CAF,doc Text underlined is new text to be added, Text etrikethrough is GUrreAt toxt to be deleted. Bold text indicates a defined term C. All subdivision plats shall have adequate drainage provided to reduce exposure to flood hazards. D. Base flood elevation data shall be shown on the Master Subdivision Plan. E. All final plats presented for approval shall clearly indicate the finished elevation above NGVD of the roads, the average finished elevation :lbo'le NGVD of the lots or homesite, and the minimum base flood elevation above NGVD as required in this section. All orades must be shown in both NAVD and NGVD. The information may be shown referenced to one datum with a note on the cover sheet listino a site-specific equation for determininQ the orades in the other datum * * * * * * * * * * * * * 3.03.05 Sea Level Rise An analysis shall be required demonstrating the impact of a six (6) inch rise in sea level ageve NGVD for development projects on a shoreline. This requirement shall be met by inclusion of this analysis in an environmental impact statement (EIS). This requirement shall be waived when an EIS is not required. This analysis shall demonstrate that the development will remain fully functional for its intended use after a six (6) inch rise in sea level. In the event that the applicant cannot meet this requirement, a list shall be provided by the applicant of the changes necessary in order for the development to meet the standard. * * * * * * * * * * * * * 3.05.10 Littoral Shelf Planting Area (LSPA) The purpose and intent of a littoral shelf planting area (LSPA) is to establish a planted area within an excavated lake serving as a wet detention pond as part of a stormwater management system that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl. Contained within such a lake, this area will typically function as a freshwater marsh. Accordingly, the following requirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. A. Design requirements. * * * * * * * * * * * * * 7. Required information. The planting plan for the LSPA shall provide the following information: a. Calculation table showing the required area (square feet) for the LSPA and its percentage of the total area at control elevation (NGVD); b. Control elevation (NGVD) and dry season water table (NVGD); c. Maximum water depth (feet) and estimated number of months of flooding for the range of planted elevations within the LSPA; d. A plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size; e. Planting locations of selected plants. 78 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3.02.1 0 NAVD 071006 CAF,doc Text underlined is new text to be added, Text strikethrough is surrent tel<< to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Chrzanowski, P.E. DEPARTMENT: Engineering Review Department AMENDMENT CYCLE: Cycle 2, 2005 LDC PAGE: LDC4:3 LDC SECTION(S): 4.01.01 CHANGE: Add references to North American Vertical Datum (NA VD) to the LDC REASON: National Geodetic Vertical Datum (NGVD 29) is no longer supported by the National Geodetic Survey (NGS). The new vertical datum is North American Vertical Datum (NA VD 88). NA VD is more accurate than NGVD. Our county's LiDAR is done to NA YD. The Benchmark loops through Golden Gate Estates done by NGS are to NA YD. The new FEMA Flood Insurance Rate Maps are to NA VD with NGVD equivalents listed for safety's sake. Unfortunately, all SFWMD permits are to NGVD. We will have to use both data simultaneously for a few years to avoid mistakes. FISCAL & OPERATIONAL IMPACTS: Collier County's entire engineering infrastructure was designed using NGVD as datum, as were all the private subdivisions that tie to it. If done improperly, there could be tremendous impacts in any designs involving the open flow of water and the setting of road and home grades. RELATED CODES OR REGULATIONS: The Code of Laws and Ordinances contains a few references to NGVD that will have to be modified, GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version done 15 April 06. Amend the LDC as follows: 4.01.01 Elevation Requirements for All Developments The elevation of all building sites and public or private roadways included within a subdivision or development for which a use other than conservation or recreation is proposed shall be not less than five and one half (5 1/2) feet NGVD v:hen completed, or to such minimum elevations above the established NGVD datum as adopted by the BCC, FEMAlFIRM, or South Florida Water Management District (SFWMD) criteria. All lawful regulations with reference to bulkhead lines, saltwater barrier lines, and other appropriate regulations regarding land filling I 79 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4.01.01 NAVD 071006 CAF,doc Text underlined is new text to be added. Text strikethrough is c",rront text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Chrzanowski, P.E. DEPARTMENT: Engineering Review Department AMENDMENT CYCLE: Cycle 2, 2005 LDC PAGE: Many LDC SECTION(S): 10.02.04.A.2.n, 10.02.04.B.4.e.xii, 10.02.05.E.2.h, 10.02.05.E.3.g, 10.02.05.E.4.a.i, and lO.02.03.B.1.i.xi (c). CHANGE: Add references to North American Vertical Datum (NA VD) to the LDC REASON: National Geodetic Vertical Datum (NGVD 29) is no longer supported by the National Geodetic Survey (NGS). The new vertical datum is North American Vertical Datum (NA VD 88). NA VD is more accurate than NGVD. Our county's LiDAR is done to NA VD. The Benchmark loops through Golden Gate Estates done by NGS are to NA VD. The new FEMA Flood Insurance Rate Maps are to NA VD with NGVD equivalents listed for safety's sake. Unfortunately, all SFWMD permits are to NGVD. We will have to use both data simultaneously for a few years to avoid mistakes. FISCAL & OPERATIONAL IMPACTS: Collier County's entire engineering infrastructure was designed using NGVD as datum, as were all the private subdivisions that tie to it. If done improperly, there could be tremendous impacts in any designs involving the open flow of water and the setting of road and home grades. RELATED CODES OR REGULATIONS: The Code of Laws and Ordinances contains a few references to NGVD that will have to be modified. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version done 15 April 06. Amend the LDC as follows: 10.02.03 Submittal Requirements for Site Development Plans B. Final site development plan procedure and requirements. 1. Site development plan submittal packet:-.:. The site development submittal packet shall contain the following, if applicable: 81 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10,02.03 NAVD 071006 CAF,doc Text underlined is new text to be added, Text strikethrough is current text te be deleted, Bold text indicates a defined term * * * * * * * * * * * * * vii. Improvements for water management purposes as needed or as may have been specified during the preliminary site development plan review, prepared in conformance with section the Collier County Construction Standards Manual subdivision design requirements (for purposes of this requirement, all references in section the Collier County Construction Standards Manual to "subdivision "should be read to mean development, where applicable and appropriate), and pursuant to South Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E-41, Florida Administrative Code. viii. All necessary standard and special details associated with paragraphs (iii)--(vi) above. ix. Written technical specifications for all infrastructure improvements to be performed. x. Engineering design computations and reports for water, sewer, roads and water management facilities, as required by federal, state and local laws and regulations. xi. Topographical map of the property which shall include the following: (a) Existing features, such as, watercourses, drainage ditches, lakes, marshes. (b) Existing contours or representative ground elevations at spot locations and a minimum of 50 feet beyond the property line. (c) Benchmark locations and elevations (to both NGVD and NA VD). * * * * * * * * * * * * * 10.02.04 Submittal Requirements for Plats. * * * * * * * * * * * * * A. Preliminary subdivision plat requirements. * * * * * * * * * * * * * 2. Preliminary subdivision plat requirements. . . . . . * * * * * * * * * * * * * n. Ground elevations based on both tRe NAVD and NGVD shall be shown. The information may be shown referenced to one datum with a note on the cover sheet listino a site-specific equation for determinino the orades in the other datum. However, information pursuant to 10.02.04 A.2.h. may suffice for this information requirement where spot elevations have been provided in sufficient number and distribution on a boundary survey map. * * * * * * * * * * * * * 82 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.03 NAVD 071006 CAF.doc Text underlined is new text to be added. Text strikethrollgR is cllrr~nt text to be deleted. Bold text indicates a defined term B. Final plat requirements. * * * * * * * * * * * * * 4. Final subdivision plat submission requirements. * * * * * * * * * * * * * xii. All final plats presented for approval shall clearly indicate the finished elevation above NGVD of the roads, the average finished elevation above NG'JD of the lots or homesites, and the minimum base flood elevation above NGVD as required. All orades must be shown in both NAVD and NGVD. The information may be shown referenced to one datum with a note on the cover sheet listino a site-specific equation for determinino the orades in the other datum. * * * * * * * * * * * * * 10.02.05 Submittal Requirements tor Improvement Plans. * * * * * * * * * * * * * E. Improvement plan requirements. 2. Improvement plans submission requirements. The improvement plans shall be prepared on 24-inch by 36-inch sheets and well as being digitally created on one or more CDROM disks. All data shall be delivered in the North American Datum 1983/1990 (NAD83/90) State Plane coordinate system, Florida East Projection, in United States Survey Feet units; as established by a Florida Professional Surveyor & Mapper in accordance with Chapters 177 and 472 of the Florida Statutes. All information shall meet Minimum Technical Standards as established in Chapter 61G17 of the Florida Administrative Code. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (Le. right-ot-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.) * * * * * * * * * * * * * h. Benchmark, based on NOAA datum (both NA VD and NGVD) . * * * * * * * * * * * * * 3. Required improvements. . . . * * * * * * * * * * * * * 83 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.03 NAVD 071006 CAF.doc Text underlined is new text to be added. Text strikett-lrol,lgh is surrent tel<< ta Be deleted. Bold text indicates a defined term g. Elevation, land filling, excavation and demolition. The elevation of all building sites and public or private roadways included within a subdivision or development for which a use other than conservation or recreation is proposed shall be not less than ~ feet NGVD "...hen completed, or to such minimum elevations above the established NGVD NA VD datum as adopted by the board of county commissioners, FEMAlFIRM, or South Florida Water Management District criteria. All lawful regulations with reference to bulkhead lines, salt[water] barrier lines, and other appropriate regulations regarding land filling, conservation, excavations, demolition, and related regulations shall be observed during the construction of any improvements within Collier County. * * * * * * * * * * * * * 4. Design requirements for Water Management. a. Plans and specifications. As a precondition for approval of improvement plans, the developer shall deliver to the County Manager or his designee complete plans and specifications in report form prepared by a registered professional engineer licensed to practice in the State of Florida, which shall include, but may not be limited to, the following: i. A topographic map of the land development related to both NA VD and NGVD with sufficient spot elevations to accurately delineate the site topography, prepared by a professional surveyor. The information may be shown referenced to one datum with a note on the cover sheet Ijstino a site-specific equation for determinino the orades in the other datum. * * * * * * * * * * * * * 84 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.03 NAVD 071006 CAF.doc Text underlined is new text to be added. Text strikethrollgh is Cllrrent text to be deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Chrzanowski, P.E. DEPARTMENT: Engineering Review AMENDMENT CYCLE #: Cycle 1, 2006 LDC PAGE: LDC4:65 LDC SECTION: Section 4.03.05 Subdivision Design Requirements CHANGE: Adding a maximum limitation to the height of residential single-family house fill pads. REASON: 1. Fill is expensive, and lately in short supply for all uses. 2. There are, at present, many limitations on how low a fill pad can be constructed, but no limitations on how high. 3. With side slope requirements, high fill pads get very wide and interfere with drainage. 4. If the County adopts BFE freeboard requirements, the alternative design solutions may be more cost effective that high fill pads. FISCAL & OPERATIONAL IMP ACTS: See REASON #4 above, Fiscal impacts depend on the availability and cost of fill as opposed to the type of alternative design used. In most cases, under present codes, we are sure that the cost of the alternative solution will be more. Operational impacts include better stormwater runoff flow, fewer compaction problems with thinner pads, and fewer fill trucks hauling fill. RELATED CODES OR REGULATIONS: Sec.22-26.0f the Code of Laws and Ordinances:Adoption and amendment of the Florida Building Code. AmendmentChapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 104.2.1.2.8 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created 7 Apr 06. Revised August 30. Amend the LDC as follows: 1.08.02 Definitions House pad: The fill placed on the original ground of a lot upon which a house with an attached garage is built; as differentiated from yard, driveway, detached garage or drain field fill pads. 85 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4.03,05 house pads (040706) SC.doc Text underlined is new text to be added. Text strikethro\;lgR is C\;lrrent te><t to be eeleted, Bold text indicates a defined term 4.03.05 Subdivision Design Requirements A. Blocks. The length, width and shape of blocks shall be determined with due regard to: 1. Zoning requirements as to lot size and dimensions. 2. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. 3. Limitations and opportunities of topography, including all natural and preserved features identified. 4. Where special topographical conditions exist, block lengths greater than 660 feet shall be approved by the County Manager or designee pursuant to procedures set forth in Chapter 10. Traffic calming devices, as approved in the Neighborhood Traffic Management Program, shall be provided in block lengths greater than 660 feet. B. House Pad Heiqht Requirements. All Residential Sinole-Family (RSF) homes constructed within recorded or unrecorded subdivisions that are not required to obtain a South Florida Water Manaaement District (SFWMD) Surface Water Manaaement (SWM) Permit or Environmental Resource Permit (ERP) and that do not also have a central (backbone) stormwater runoff collection and treatment system (swales and lakes or retention areas) shall only build fill pads to a maximum elevation of 18 inches above the elevation of the crown of the paved street or 24 inches above the elevation of the crown of the unpaved street at the driveway entrance to the home. The side slopes of the fill pad can be no steeper than 1 vertical unit to 4 horizontal units. 1. Any first floor beino built hioher than what can be set on that house pad must sit on a stem wall. or piles, or columns with footinos, or any similar such desion that does not require a wider fill pad. 2. Exceptions to this section can be souoht based on a site stormwater retention desion done by a Professional Enoineer, licensed in the State of Florida, showino that the site has sufficient water Quality retention and water quantity attenuation on site to prevent the sheddino of excess runoff onto neiohborino properties and showino that flood plain compensation has been achieved. 86 1:\LDC.-Amendments\LDC Cycle 1 - 2006\New Amendments\4,03.05 house pads (040706) SC,doc Text underlined is new text to be added, Text strikethrsl,lgh is sllrrent text to be deleted. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Settlement agreement between City Gate LLC, CG II, LLC and Collier County AUTHOR: Staff from County Attorney's Office and Zoning Department DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC4:53 LDC SECTION(S): Section 4.02.23 Same-Development Standards in the Activity Center #9 Zoning District CHANGE: This amendment adds free standing clock towers as an accessory use in non- residential and mixed use planned unit developments in the Activity Center #9 Zoning District. REASON: This LDC amendment change is stipulated as part of the settlement agreement between City Gate LLC, CG II, LLC and Collier County. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 4.02.23 GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: Created on May 16,2006. Amend the LDC as follows: 4.02.23 Same--Development in the Activity Center #9 Zoning District * * * * * * * * * * c. Industrial use buildings shall have one (1) or more of the following roof treatments: i. Pitched roof with a minimum slope of 3/12. ii. Flat roof with mansard edge treatment. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a minimum of thirty (30) percent of the length of any primary facade, and twenty (20) percent of the attached facades as measured from the connection point. 87 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4,02.23 clock tower 090106 CAF.doc Text underlined is new text to be added. Text strikethrougt-l is surr-eAt text to be deleted. Bold text indicates a defined term d. Roof material shall be tile or metal. e. Roof overhangs shall be deep, no less than three (3) feet beyond the supporting walls. f. To create articulation, roofs shall include a minimum of one (1) of the following architectural elements: i. Clearstory windows. ii. Cupolas. iii. Dormers. iv. Attached clock towers. iv:-v. Any other treatment which the County Manager or designee determines to represent the character themes of this overlay district. 3. Freestandino clock towers shall be permitted in non-residential and mixed use planned unit developments (PUDs) within Activity Center NO.9 subiect to the followino conditions: a. The clock tower shall not exceed an actual heioht of 35 feet. measured from the hiohest point of the crown of the road adioinino the tower site; b, The clock tower shall be desioned to complement the architectural themes of this overlay district pursuant to subsection 4.02.23 B; c. The clock tower shall have no more than 1 clock face per side and dioital clocks shall not be allowed; d. The clock tower shall not contain any sionaoe of any nature; and e. Only one clock tower per business park or PUD shall be permitted. D. Lighting fixtures and signage within the Activity Center #9 shall be designed to complement the architectural themes of this overlay district. Lighting shall also be subject to the requirements pursuant to section 5.05.08 regardless of the gross building area. 88 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4.02.23 clock tower 090106 CAF.doc Text underlined is new text to be added. Text strikethrough is Ol,lrreAt text to be deleted, Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner Landscape Amendment Review Committee DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2006- Cycle 1 LDC PAGE: 4:97 LDC SECTION: Section 4.06.02. Table 2.4. CHANGE: To clarify Type "B" Buffer within PUD's. REASON: This amendment is directed at codifying a County staff administrative practice to allow a single Type B buffer to be provided within residential PUD's where community facilities are adjacent to residential units where strict reading of the LDC requires a combined Type B plus a Type A, FISCAL & OPERATIONAL IMPACTS: None, RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Created on 3/17/2006, revised 3/31/2006. Revised on August 10, 2006. Amend the LDC as follows: 4.06.02 Buffer Requirements * * * * * * * * * * * * * C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot wide landscape buffer with trees spaced no more than 30 feet on center. When an Alternative A buffer is located within a residential PUD and adjacent to a lake, the required trees may be clustered on common 89 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 06 02 C 1 Type B Buffers 033106 MS,doc Text underlined is new text to be added. Text strikethrough is current text to be seleted. Bold text indicates a defined term property lines to provide views. Clustered tree plantings shall not exceed 60 feet between clusters. 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When aD. Alternative B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. When the adjacent lake exceeds 1500 feet in width the hedge planting shall not be required. When a community facility is located within a residential PUD and abuts a residential unit. the normally required combined Tvpe B and Type A landscape buffers shall be reduced to a sinole Type B buffer. When a fence or wall is used within the buffer a minimum of 50 percent of the trees and hedoe plantinos shall be located on the residential side of the fence or wall. 3. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. 90 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 06 02 C 1 Type B Buffers 033106 MS.doc Text underlined is new text to be added. Text strikett-lroblgh is sl,lrrent text to Be delated. Bold text indicates a defined term a. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development. b. A continuous three gallon double row hedge spaced three feet on center of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of- way, pursuant to section 4.06.05 CA. c. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three gallon single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the right-of- way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. d. The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. 91 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 06 02 C 1 Type B Buffers 033106 MS.doc Text underlined is new text to be added. Text striketFirGugh is current text tEl be seleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner, Landscape Amendment Review Committee DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2006- Cycle 1 LDC PAGE: LDC4:110 LDCIUDC SECTION: Sections 4.06.05.B.4. and 4.06.05.B.5. CHANGE: This amendment provides flexibility in the location of building foundation plantings and combines two sets of requirements into one that covers all buildings. The amendment includes a table with the foundation planting requirements based upon building size and height. REASON: To simplify building foundation planting standards for all buildings. FISCAL & OPERATIONAL IMP ACTS: In some cases there may be some reduction in the amount of foundation landscaping required, These reductions will reduce developer costs. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Created on 3/17/2006, revised 5/17/2006, revised 7/26/2006, revised 8/21/2006. Revised September 1, 2006. Amend the LDC as follows: 4.06.05. General Landscaping Requirements * * * * * * * * * * * * * B. Landscaping requirements for industrial and commercial development. * * * * * * * * * * * * * -1. Building foundation pl3nting areas. All shopping center, retail, office, apartments, condominiums, clubhouses and simil3r uses must provide building foundation planting in the amount of ten percent of proposed building ground level floor area. These planting areas 93 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 06 05 C Building Foundation Plantings 08-21-06MS,doc Text underlined is new text to be added. Text strikethrough is clIrrent text to be deleted, Bold text indicates a defined term must be located adjacent to the primary public builc;ting entrance(s) and/or primary street elevation. Planting areas must consist of landscape areas, raised planters or pl:3nter boxes that are a minimum offive feet\\'ide except 3S required by section 1.06.06 B.6. below. These areas must be I:mdscaped 'h'ith trees and/or palms in the amount of one tree or one palm equivalent per 260 square feet; and shrubs and ground covers other than grass. Building foundation plantings are exempt from the native requirements. Water management areas must not be a part of this planting area. Parking lot islands '.viII not count towards this requirement. 6. Building foundation planting requirements for buildings 36 feet or more in height; and/or section 5.06.08 buildings with a footprint greater than 20,000 square feet and/or parking garage structures. a. The minimum width of building foundation planting areas must be measurod from the base of the building and must relate to the adjacent building's wall height as herein defined as follov.'s: TABLE INSET: b. Sites located adjacent to a permanent '/later body such as a canal, lake, bay or gulf may incorporate the required landscape buffer '.vidth into the building perimeter landscape buffer ~ c. Trees required by this section must be of an installed size relating to the adjacent building's \I\'all height, as defined below: TABLE INSET: 94 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 06 05 C Building Foundation Plantings 08-21-06MS.doc Text underlined is new text to be added. TeJa striketl=lrol,lgh is sl,lrrent text to be deleted. Bold text indicates a defined term C. Buildina foundation plantinos. All commercial buildings, residential buildings with 3 or more units, and retail and office uses in industrial buildings shall provide building foundation plantinos in the amount set forth in table 4.06.05.C. and illustration 4.06.05.C. These plantino areas shall be located adiacent to buildino entrance(s), primary facades, and/or alono facades facino a street. Table 4.06.05.C. Building Foundation Planting ReQuirements Building footprint under 10,000 SQuare feet (Lenoth) 25 percent of the combined total of all buildino facade lenoth x (Width) 10 feet wide = (Area) Total Plantino Area Required. Trees and palms shall be a minimum 10 feet hioh at plantino. Minimum width of plantino beds shall be 5 feet. Trees and palms shall be provided at a rate of 1 per 300 square feet of required foundation plantino area. Building footprint over 10,000 SQuare feet (Lenoth) 45 percent of the combined total of all buildino facade lenoth x (Width) 15 feet wide = (Area) Total Plantino Area Required. Trees and palms shall be a minimum 14 feet hioh at plantino. Minimum width of plantino beds shall be 10 feet. Trees and palms shall be provided at a rate of 1 per 400 square feet of required foundation plantino area. All Building with zoned building height over 50 feet (Lenoth) 55 percent of the combined total of all buildino facade lenoth x (Width) 20 feet wide = (Area) Total Plantino Area Required. Trees and palms shall be a minimum 18 feet hioh at plantino. Minimum width of plantino beds shall be 10 feet. Trees and palms shall be provided at a rate of 1 per 500 square feet of required foundation plantino area. 1. Retail and office buildings shall have foundation plantinos on at least three building facades. Plantinos shall occur alono at least 30 percent of each these facade lenoths. 2. Minimum plantino area width for trees and palms shall be 8 feet. 3. Building foundation plantinos shall be covered with shrub, oround cover, raised planter boxes, and ornamental orass plantinos, except as provided in item 10 below. 95 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 06 05 C Building Foundation Plantings 08-21-06MS,doc Text underlined is new text to be added, Text strikethreugt-l is curreAt text te be aeleted. Bold text indicates a defined term 4. Sidewalks may occur m between the buildina and foundation plantino areas. Sidewalks may also occur between foundation plantino areas and planted islands that meet criteria 7 below 5 A maximum of 50 percent of the required foundation plantino may be located in perimeter buffers. 6. Water manaoement areas shall not occur in foundation plantino areas. 7. Parkina lot islands shall not be used to meet buildino foundation plantino area requirements, except for islands contiouous to foundation plantino areas that exceed minimum width requirements. 8. Buildinas with overhead doors and/or open vehicular use areas alono buildina perimeters that are visible from any road, access, or residence shall provide a Type B landscape buffer or approved equivalent alono the entire perimeter opposite these features. The required foundation plantinos for these buildings shall be reduced by 20 percent. 9. All proiects may use the followino alternatives to meet the requirements of Table 4.06.05.C: a. Turf orass may be used for UP to 30 percent of the building foundation plantino area when required tree heiohts are increased by 2 feet. b. Decorative pavino areas incorporatino courtyards, walkways, water features, plazas, covered seatino and outdoor eatino spaces may be used to meet UP to 20 percent of the required building foundation plantino area. c. Vine planted arbors, wall planters, and trellis structures may be used to meet UP to 15 percent of the required building foundation plantino area. 96 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 06 05 C Building Foundation Plantings 08-21-06MS.doc Text underlined is new text to be added. Text strikethrough is curr-ent text tel:le eeletee, Bold text indicates a defined term Illustration 4.06.05.C. Buildina Foundation Plantina Area ,< ~'~ "" ~ '" .. . . >..:,.... , ",. '" ..... . ... 7 ~~... Buildina Foundation Calculation Formulas Buildinas under 10,000 square feet. Total of all facades (A+B+C+D) x .25 x 10'= Total square feet of foundation plantinos required. Buildinas over 10,000 square feet and under 50 feet aolual zoned buildina heiaht. Total of all facades (A+B+C+D) x .45 x 15'= Total square feet of foundation plantinos required. Buildinas over 50 feet ~ zoned buildina heiaht. Total of all facades (A+B+C+D) x .55 x 20'= Total square feet of foundation plantinos required. fRenumber C-K to D-Ll 97 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\4 06 05 C Building Foundation Plantings 08-21-06MS,doc Text underlined is new text to be added. Text strikott-lrol,lgh is current text to Be deleted, Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Nick Hale DEPARTMENT: N/A AMENDMENT CYCLE: Cycle 1,2006 LDC PAGE: LDC5:49 LDC SECTION(S): 5.05.08 Architectural and Site Design Standards CHANGE: To adopt the Collier County Architectural Color Charts. REASON: There have been differences of opinion in the past between staff and applicants concerning permitted and prohibited colors in the LDC. To provide a scientific basis to the specification of exterior architectural colors, the County has commissioned that a series of color charts be created. FISCAL & OPERATIONAL IMPACTS: The cost of printing the charts will be the only fiscal impact; however, some portion ofthis fee will be recovered by the sale of the chats to the public. RELATED CODES OR REGULATIONS: Many of the architectural design standards located in section 4.02.00 GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTESNERSION DATE: Created May 29,2006 BS. Amend the LDC as follows: 5.05.08 Architectural and Site Design Standards c. Building design standards. * * * * * * * * * * * * * 13. Materials and colors. a. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the 99 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5,05,08 exterior colors 052906 NH.doc Text underlined is new text to be added. Tel<< strikethrough is current text to be seletea. Bold text indicates a defined term community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. b. Exterior building colors. The use of solid black, gray, florescent, primary or secondary colored materials or finish paint is limited to no more th::m ten percent of a facade or the tot::ll roof ::lrea, except that n::ltur::llly occurring m::lteri::lls are permissible, such as marble, granite, and slate and the following m::ln made materi::lls: silver unpainted metal roofs. Exterior buildino colors. i. The use of color materials or finish paint above level 8 saturation (chroma) or below Iiohtness level 3 on the Collier County Architectural Color Charts is limited to no more than ten percent of a facade or the total roof area, ii. The use of naturally occurrino materials are permissible, such as marble, oranite, and slate and the followino man- made materials: silver unpainted metal roofs. iii. The use of florescent colors is prohibited c. Exterior building materials. The following building finish materials are limited to no more than 33 percent of the facade area: i. Corrugated, or metal panels, and ii. Smooth concrete block. d. Neon tubing. The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. 100 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.05.08 exterior colors 052906 NH.doc Text underlined is new text to be added, Text strikethrougl:1 is surrent text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: CCPC Directed AUTHOR: Catherine Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC5:6 LDC SECTION(S): 5.03.02 Fences and Walls CHANGE: To add a requirement for walls or fences to be placed between nonresidential uses located contiguous to or opposite residential uses, REASON: CCPC directed that language unclear. Nonresidential uses located within residential districts, such as accessory buildings and ancillary facilities for golf courses and schools must install a masonry wall or fence to screen activities from residences, FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created April 24, 2006. Revised August 18,2006, Amend the LDC as follows: 5.03.02 Fences and Walls A. All districts. 1. Whenever a property owner elects to erect a chain link fence pursuant to the provisions herein adjacent to an arterial or collector road in the urban coastal area, said fence shall not be located nearer than three (3) feet to the right-of- way or property line, and said fence shall be screened from view by planting a vegetative hedge a minimum of thirty (30) inches in height at planting spaced at a distance that will achieve an opacity rating of eighty (80) percent within one (1) year of planting. An irrigation system shall be installed to ensure the continued viability of the vegetative hedge as a visual screen of the chain link fence. This regulation shall not apply to single-family homes. 2. All fences and walls shall be of sound construction and shall not detract from the public health, safety, and welfare of the general public. 101 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\5,03.02 fences 081806 CV MS.doc Text underlined is new text to be added. Text strikethFGl,lgh is currsAt text to be seleted. Bold text indicates a defined term 3. All fences and walls shall be maintained in a manner that will not detract from the neighborhood or community. 4. Barbed wire is authorized within agricultural, commercial, and industrial districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e., a jail or penitentiary, or by appeal to the BZA . 5. No fence or wall within any district shall block the view of passing motorists or pedestrians so as to constitute a hazard. 6. Fences and walls shall be constructed of conventional building materials such as, but not limited to, concrete block, brick, wood, decorative iron or steel, and chain link. 7. Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of-way. If a fence, wall, or continuous landscape hedge exists on the adjoining parcel, this provision may be administratively waived where said request has been requested in writing. 8. When determined to be beneficial to the health, safety, and welfare of the public, the County Manager or designee may approve an administrative variance from height limitations of fences and walls in all districts provided that at least one (1) health, safety, or welfare standard peculiar to the property is identified, and that such approval does not set an unwanted precedent by addressing a generic problem more properly corrected by an amendment to this Code. 9. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed wall or fence except as provided for within section 5.03.02 A.8. and 4.06.00. 10. Whenever a nonresidential use abuts a residential use, said nonresidential use shall provide a masonry wall or prefabricated concrete fence. a. At the applicant's request. the County Manaoer or desionee may determine that a masonry wall or prefabricated concrete fence is not warranted, particularly where the local street lies contiouous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development. or for other oood cause includino the existence of a wall on an adiacent residential development. The applicant shall demonstrate that the intent of this section can be effectivelv accomplished, without constructino a wall, by submittino for approval an alternative desion and a descriptive narrative throuoh the administrative variance process set forth in subsection 5.03.02(A)(8) of this Code. The County Manaoer or desionee shall review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved. the approval and its basis shall be stated in the site development plan approval letter. B. Fence height measurement for all districts. The height of a fence or wall located outside of the building line shall be measured from the ground level at the fence location. However, if the County Manager or designee determines that ground levels have been altered so as to provide for a higher fence, the County Manager or designee shall 102 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\5.03.02 fences 081806 CV MS.doc Text underlined is new text to be added. Text strikett-lrol;lgh is curreAt text to be deleted, Bold text indicates a defined term determine the ground level for the purposes of measuring the fence height. In determining whether the ground level has been altered for the purposes of increasing the height of the fence, the County Manager or designee may consider, but is not limited to, the following facts: 1. General ground elevation of the entire lot. 2. In the case of a lot with varying ground elevations, the average elevation over the length of the fence, and at points in the vicinity of the fence. 3. The ground elevation on both sides of the fence. In measuring the fence height, the ground elevation on the side of the fence location that is at the lowest elevation shall be used as a point from which the fence height is to be measured. 4. Fences or walls shall be permitted principal uses; however, a fence or wall shall not, in any way, constitute a use or structure, which permits, requires, and/or provides for any accessory uses and/or structures. C. Residential zoning districts. For the purposes of this section, residential districts shall include: RSF, RMF-6, RMF-12, RMF-16,- RT, VR, MH, and TTRVC zoning districts, and the residential increments of PUD zoning districts. Fences and walls placed within required yards shall be subject to the following: 1. Fences or walls on all lots greater than one (1) acre in area may reach a maximum height of six (6) feet. 2. For non-waterfront interior lots one (1) acre or less in area, fences or walls may reach a maximum height of six (6) feet for side and rear yards, but are limited to four (4) feet within the required front yard. 3. For waterfront lots one (1) acre or less in area, height limits are as for non- waterfront lots, but with the additional restriction that fences or walls within the required rear yard are limited to four (4) feet. 4. For corner lots one (1) acre or less in area, which by definition have only front yards and side yards, fences within required front yards are limited to four (4) feet in height, with the exception that any portion of a front yard fence within the safe sight triangle described in section 6.06.05 of this Code is restricted to three (3) feet in height. (Two (2) sides of this triangle extend thirty (30) feet along the property lines from the point where the right-of-way lines meet, and the third side is a line connecting the other two (2).) Fences within required side yards may reach six (6) feet in height. 5. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the Board of Zoning Appeals may allow the use of barbed wire in conjunction with chain link fencing for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. D. Agricultural districts. For the purposes of this section, agricultural districts shall include: A, E, and CON zoning districts. Fences and walls within agricultural districts shall be exempt from height and type of construction requirements, E. Commercial and industrial districts. 1. Industrial Districts [Non-residential development]. Fences or walls in industrial 103 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\5.03,02 fences 081806 CV MS.doc Text underlined is new text to be added. Text strikethrel,lgh is cl,lrrent tel<< to be deleted. Bold text indicates a defined term districts not subject to section 5.05.08 shall be limited to eight (8) feet in height. 2. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, said nonresidential development shall provide a masonry wall or prefabricated concrete wall and/or fence. J~. If located on a contiguous property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district. 4~, If located on a property opposite a residentially zoned district but fronting on a local street, or the properties are separated by a platted alley, the wall and/or fence shall be located a minimum of three (3) feet from the rear of the right-of- way landscape buffer line and shall be four (4) feet in height. 54. On properties which front on more than one (1) street, a six (6) foot high wall and/or fence shall be required along the street which is opposite the primary ingress and egress point of the project along the street frontage which is adjacent to the rear of the project. F. At the applicant's request, the County M:mager or designee may determine that a masonry \\'all and/or fence is not '1.'arranted, particularly where the local street lies contiguous to the rear of a residence or come other physical separation exists botween the residential development and the nonresidential de\'elopment, or for other good cause including the existence of a I/.'all on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be effectively accomplished, '....ithout conctructing a 'Nail, by submitting for approval an alternative design and a descriptive narrative through the administrative variance process set forth in subsection 5.03.02(1\)(8) of this Code. The County Manager or designee shall review the cubmitted documents for consistency "lith the intent of thic section and, if the administrative variance is approved, the approval and its basis shall be stated in the site development plan approval letter. GE. Vegetative plantings shall be located external to the wall and/or fence such that fifty (50) percent of the wall and/or fence is screened within one (1) year of the installation of said vegetative material. An irrigation system shall be installed to ensure the continued viability of the vegetative screen. MG. These regulations shall not be construed to require a masonry wall and/or fence for commercial development fronting on an arterial or collector roadway where the opposite side of such roadway is zoned residential or to be otherwise inconsistent with the provisions of section 5.05.08(B) of this Code. lH. A wall and/or fence shall be constructed following site plan approval but prior to any vertical construction or any other type of improvement resulting from the issuance of a building permit. Special circumstances may warrant constructing the wall and/or fence in phases depending upon the location of affected residential areas and after vertical construction commences. 104 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\5.03.02 fences 081806 CV MS.doc Text underlined is new text to be added, Text atrikethrougt-l ia cl,lrrent teJEt to l3e E1eleleEl. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: CDES AUTHOR: Sharon Dantini DEPARTMENT: Code Enforcement AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC 8:15 LDC SECTION(S): 8.08.00 G. 4. CHANGE: Provide consequences for violating stop work order from Code Enforcement Officers. REASON: There are currently no consequences for violation of a Code Enforcement stop work order and; therefore, no compelling reason for the violator to obey a stop work order when posted by Code Enforcement Officers. The Building Review and Permitting Inspectors issue stop work orders for violations of the Florida Building Code. Code Enforcement Officers are charged with inspection of building sites for violations of LDC policy, most particularly the preservation of required vegetation and habitat of listed species. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 8.08.00 B. and 10.02.05 B. 8. GROWTH MANAGEMENT PLAN IMPACT: Proposed amendment helps implement the Conservation and Coastal Management Element of the Growth Management Plan. OTHER NOTESNERSION DATE: Created March 20, 2006; amended April 18, 2006; revised April 19, 2006. Revised August 7, 2006 per CCPC comments. Amend the LDC as follows: 8.08.00 Code Enforcement Board * * * * * * * * * * * * * G. Civil penalties and remedies. * * * * * * * * * * * * * 105 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\8 08 00 stop work 080406 CCPC revisions SD & JK.doc Text underlined is new text to be added. Text strikethrel,lgt-l is curF9nt text to be deleted. Bold text indicates a defined term 4. Stop work order. For any violation of the provisions of this Code which constitutes a threat to life or to public or private property, the county manager...Q[ desionee shall have the authority to issue a stop work order in the form of a written official notice given to the owner of the subject property or to his agent or to the person doing the work where such a violation has been committed or exists. Upon notice from the county manaoer or desionee administrator that any action or work is occurring contrary to the provisions of this Code, and it constitutes a threat to life or to public or private property. When any condition(s) of the violation presents a serious threat to the health, safety and welfare of the public or constitutes irreparable or irreplaceable harm, such action or work shall immediately be stopped. The notice shall state the conditions under which the action or work may be resumed. Where any emergency exists, oral notice given by the county manaoer or desionee administrator shall be sufficient. a. If the owner of the subiect property. his aoent. or the person doino the work where such a violation has been committed or exists, fails to comply with the stop work order posted on the property, the county manaoer or desionee may issue a citation, which may result in the imposition of a fine UP to and includino $500, or may initiate further administrative or iudicial enforcement proceedinos. In addition, the county manaoer or desionee may impose administrative costs on the responsible owner, aoent. or person. Nothino set forth herein is intended to limit any existino leoal rioht or recourse that the alleoed violator may have to contest the stop work order. 106 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\8 08 00 stop work 080406 CCPC revisions SD & JK.doc Text underlined is new text to be added. Text strikethrol:lgt-l is cl,lrrent teJEt te ee deleted, Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Transportation Division AUTHOR: Steve Preston DEP ARTMENT: Storm water Management AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDCIO:34 LDC SECTION(S): 10,02.03 B.l.b.ii.(b) "A site summary chart..." CHANGE: Require that specific stormwater management system information be included in the final SDP submittal. REASON: Allows staff to add permitted stormwater system outfalls to the GIS system use in master planning efforts, and for compliance with new Federal NPDES regulations. FISCAL & OPERATIONAL IMP ACTS: Adding this information to the datasheet that is already required in the submittal package would minimally increase costs to the development entity . RELATED CODES OR REGULATIONS: None, GROWTH MANAGEMENT PLAN IMP ACT: Collecting this information is essential for meeting the County's goals of stormwater master planning and watershed master planning. OTHER NOTESNERSION DATE: None. Amend the LDC as follows: B. Final site development plan procedure and requirements A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant. 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: a. Ownership: A copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating 107 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 03 swmm data 080706 SP,doc Text underlined is new text to be added. Text strikethr()l,Igh is Gl,Irrent tell!: to be seleted. Bold text indicates a defined term ownership and control of the subject lot or parcel of land. The applicant shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the owner( s). b. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. i. The following information shall be set forth on the coversheet: (a) The project title and the name, address and phone number of the firm or agent preparing the plans and the name, address and telephone number of the property owner. (b) Zoning designation of the subject property. In the event that the property is zoned PUD (Planned Unit Development), the name of the PUD and the number of the ordinance approving the rezone to PUD. (c) Vicinity map clearly identifying the location of the development and its relationship to the surrounding community. (d) A legal description and the property appraiser's property identification number(s)/folio number(s) for the subject property or properties. ii. The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose. (a) A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. (b) A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the land development code and where applicable the PUD ordinance: (i) Total site acreage. (ii) Total square footage of impervious area (including all parking areas, drive-aisles, and internal streets) and its percentage of the total site area. (iii) Total square footage of landscape area/open space and its percentage of the total site area. (iv) For residential projects, total number of units, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. (v) For nonresidential projects, total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, the minimum/maximum (as applicable) floor area, or proposed floor area ratio, required, and floor areas. 108 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 03 swmm data 080706 SP,doc Text underlined is new text to be added, Text strikett-lrel,lgh is swrreAt telEl to Be eelated. Bold text indicates a defined term (vi) All required and provided setbacks and separations. between buildings and structures in matrix form. (vii) Maximum zoned building height allowed and actual building height as defined in Section 1.08.00. (viii) Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of-way easement. (ix) North arrow, scale, and date. (xl The South Florida Water Manaoement District Environmental Resource Permit or General Permit number. (xi) Stormwater manaoement control structure(s) location (referenced to State Plane Coordinates, Florida East Zone, North American Datum 1983 (NAD '83), latest adiustment). (xii) Stormwater manaoement control elevation(s) and overflow elevation(s) (referenced to the North American Vertical Datum, 1988 (NAVD '88), latest adiustment), and NGVD. (xiii) 25-yearl 3-day desion discharoe at control structure( s) . 109 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 03 swmm data 080706 SP.doc Text underlined is new text to be added. Text strikethroblgh is cblrrent text t8 be deleted. Bold text indicates a defined term This page intentionally left blank. 110 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 03 swmm data 080706 SP.doc Text underlined is new text to be added, Text strikethrol,lgt-l is curreAt text to DO deleted. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services AUTHOR: Stephen E. Seal, P.E., Senior Engineer DEPARTMENT: Engineering Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDClO:46-47 LDC SECTION: 10.02.03 B.4.b and c CHANGE: Eliminate the ability to delay start of construction up to two years from the date of the approval letter. Require construction to be completed within two years of the date of the approval letter with the ability to receive a single one-year extension to complete construction, REASON: Complaints from the community of inadequate time to complete the construction of a project. Also, if construction is delayed for several years, then the project may not meet LDC requirements that have changed since the permit application was reviewed. Applicants that have received building permits and begun construction in a timely manner have to build to a different standard than those permittees who delayed construction for several years. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Amend the LDC as follows: 10.02.03 B.1.b Approved site development pl:ms (SOPs) only remain valid :md in force for two ye:Jrs from the d:Jte of their approval unless construction has commenced, as follows. If actu:J1 construction has not commenced within hAlO years, me:Jsured by the date of the SDP approval letter, the site development pl:Jn :Jpproval term expires and the SDP is of no force or effect; however, one :Jmendment to the SOP may be :Jpproved prior to the expiration d:Jte, 'Nhich '.'Vould 3110'.\1 the SOP, :JS :Jmended, to remain v:Jlid for two years measured from the date of approv:J1 of the amendment so long :JS the proposed amendment complies with the requirements of the then existing code. Once construction h:Js commenced, the :Jpprov:J1 term will be determined :JS follmvs: 111 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.03 SDP Time Extension 032706 SS,doc Text underlined is new text to be added. Text strikett-lrel,lgh is surrent taxt to be aalatea. Bold text indicates a defined term 10.02.03 Submittal Requirements for Site Development Plans * * * * * * * * * * * * * B. Final Site development plan procedure and requirements * * * * * * * * * * * * * 4. Site development plan time limits for review, approval and construction. * * * * * * * * * * * * * c. The construction of infrastructure improvements approved by an SDP shall be completed, and the engineer's completion certificate provide to the engineering services director, within 18 months 6- years of the pre construction oonference date of the approval letter, i.e., commencement of construction. A single six month one-year extension to complete construction may be granted for good cause shown if a written request is submitted to, and approved by, the engineering services director prior to expiration of the then effective approval term. Thereafter, once the SDP approval term expires the SDP is of no force or effect. 112 I:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.03 SDP Time Extension 032706 SS.doc Text underlined is new text to be added, Text strikothrough is mmont text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Engineering Services Department AUTHOR: Maryann Devanas, Senior Planner DEPARTMENT: Engineering Services Department AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDCIO:136-137 LDC SECTION(S): 10.02.13 CHANGE: Require a minimum of six months prior written notice to the Engineering Services Department as to any change in PUD ownership, including but not limited to the transfer of all or part of the development to a homeowners' association. REASON: To allow the County time to research, identify and assist homeowners' aSSOClatlOns to secure all outstanding developer compliance items prior to the turnover of common properties. FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: N/A GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTES/VERSION DATE: 3/16/06 MD, 6/9/06 MD Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or fHs designee. 1. The monitoring report must be prepared in a County approved format as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete. These reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the 113 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 0213 PUD ownership change 081006 ccpc revisions CAF.doc Text underlined is new text to be added. Text strikett-lrough is Sl,lrreAt text to be deletes. Bold text indicates a defined term anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). 2. The monitoring report must provide the following information: a. Name of project. b. Name of owner. c. Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved or for which a valid permit has been issued, but which have not been completed and anyon-site or off-site commitments completed and approved as of the due date of the monitoring report. d. Up-to-date PUD master plan showing infrastructure, projects/ developments, plats, parcels and other pertinent information, including on-site or off-site commitments. e. A traffic count report for all access points to the adjacent roadway network which must be signed and sealed by a professional engineer and performed over a 72-hour weekday period to include 15 minute intervals and turning movements in the PM peak two hours; except that the owner(s) of the PUD, in lieu of submitting an annual traffic count report, may elect to make a payment to the County in an amount equal to the cost to conduct the required traffic count(s) as defined in an engineer's certified estimate of such costs. Such funds received must be used by the County to count traffic on the major roadway network used by the development as defined in the originally submitted traffic impact statement. f. Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.). g. Up-to-date PUD document which includes all approved amendments as of the date of the monitoring report. h. Status of commitments in PUD document, including projected completion dates if then established. I. Other information as may be required by County Manager or his designee. 3. Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s) of the PUD. 4. County will be oiven at least 6 month's prior written notice to a chanoe in ownership. to a community association, includino but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association. Master Association or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing that annual monitoring report. 114 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 13 PUD ownership change 081006 ccpc revisions CAF.doc Text underlined is new text to be added, Text strikett-lrol,lgh is current text to be deleted. Bold text indicates a defined term 5. A release of a PUD commitment determined to be no lonoer necessary shall be brouoht as an aoenda item to the Board of County Commissioners for their approval. 115 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 0213 PUD ownership change 081006 ccpc revisions CAF,doc Text underlined is new text to be added. Text EtrikethrEll:lgh is curreRt text tEl be aeleted. Bold text indicates a defined term This page intentionally left blank. 116 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 0213 PUD ownership change 081006 cepe revisions CAF.doc Text underlined is new text to be added. Text strikett-lr-eugh is surF9nt text to be deleted. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Ray Bellows, Zoning Manager DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1 - 2006 LDC PAGE: LDCI0:125 LDC SECTION: 10,02.13 - Planned Unit Development (PUD) Procedures CHANGE: Replace the requirement for the applicant to submit a PUD document as an exhibit to the PUD rezone application with a list of permitted and accessory uses and a development standards table. The table will contain only the site-specific development standards/regulations. The PUD rezone application shall also include the developer commitments not contained in the Land Development Code (LDC) along with deviations from LDC requirements. The list of permitted and accessory uses, development standards table, PUD Master Plan, developer commitments, and deviations from the LDC will be incorporated into an Ordinance that is approved by the BCC. REASON: The PUD Document is no longer necessary with the adoption of the Unified Land Development Code, The original model PUD Document was intended to incorporate the various applicable development regulations and codes that were contained in various other ordinances and documents. Because the PUD document is now typically 30 to 40 pages long and includes redundant regulations that are contained in the LDC such as signage, landscaping, parking, water management, and architecture, there have been instances of unintended modifications to those standards not listed as deviations from the LDC. FISCAL & OPERATIONAL IMP ACTS: Implementation would reduce the time spent by staff reviewing redundant regulations contained in a 30 to 40-page document, RELATED CODES OR REGULATIONS: LDC Section 2.03.06 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created June 21, 2006. Amend the LDCIUDC as follows: 10.02.13 Planned Unit Development {PUD} Procedures 117 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10,02.13 PUD Procedures 062106 RB.doc Text underlined is new text to be added. Text strikett-lrolJgh is slJrrent text to be deleted. Bold text indicates a defined term A. Application and PUD master plan submission requirements. Applications for amendments to, or rezoning to PUD shall be in the form of a PUD master plan of development aR4-a p.y.Q document alono with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the Land Development Code. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised, at a minimum, of the following elements: 1. PUD master plan. The PUD master plan shall ...(No change) 2. PUD document application. The applicant shall submit data supporting and describing the applic:Jtion petition for rezoning to PUD in the form of a PUD document application that includes a development standards table, developer commitments and a list of deviations from the LDC. The p.y.Q document development standards table, developer commitments and the list of deviations from the LDC shall be submitted in both an electronic version and printed version in a format as established by the County Manager or his designee. The submittals shall conform to the most recent standardized format established by the planning services zonino and land development review department director. The PUD document application shall contain the following information unless determined by the director to be unnecessary to describe the development strategy: a. Title page to include R-Name of project; b. Indexlt:Jble of contents; G Q. List of exhibits which are proposed to be included in the ordinance of adoption; G .Q. Statement of compliance with all elements of the growth management plan; e g. General location map drawn to scale, illustrating north point and relationship of the site to such external facilities as highways, shopping areas, cultural complexes and the like; f ~. Property ownership and general description of site (including statement of unified ownership); 9 f. Description or narrative of project development; R g. Boundary survey (no more than six months old) and legal description; f n. Proposed and permitted land uses within each tract or increment which shall be incorporated into the ordinance of adoption; 118 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0.02.13 PUD Procedures 062106 RB,doc Text underlined is new text to be added, Text strikett-lrol,lgh is sl,lrrent telEt te be eeleted. Bold text indicates a defined term t i. ~ Qgimensional standards table for each type of land use proposed within the PUD. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. All proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified, No deviations from the fire code will be permitted, except as otherwise allowed by that code.:. This table shall be incorporated into the ordinance of adoption; k i. The proposed timing for location of, and sequence of phasing or incremental development within the PUD; I K The proposed location of all roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD which shall be attached as exhibits to the ordinance of adoption; m 1. Habitats and their boundaries identified on an aerial photograph of the site. Habitat identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground- truthing surveys shall have precedence over information presented through photographic evidence. Habitat, plant and animal species protection plans as required by Chapter 3 shall apply; R m. Environmental impact analysis pursuant to applicable provisions of section 10.02.02; G n. Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses; f3 Q. The location and nature of all existing public facilities, such as schools, parks and fire stations that will service the PUD; ~ 12.. A plan for the provision of all needed utilities to serve the PUD; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; f g. Traffic impact analysis; s [. Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities; t~. Development commitments for all infrastructure and related matters; l;l 1. When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the planning services zonino and land development review department director may request schematic architectural drawings 119 1:\LDC_Amendments\LDC Cycle 1 - 2006\NewAmendments\10,02.13 PUD Procedures 062106 RB.doc Text underlined is new text to be added. Text strikethrQugt-l is curr-ent text te be seleted. Bold text indicates a defined term (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate; v g. Deviations to sections of the land development code other than to dimensional standards related to building placement such as yard requirements, lot area requirements, building height and the like, shall be identified in the PUD document application by citing the specific section number of the regulation and indicating the proposed modification to such regulation. The list of deviations shall be incorporated into the ordinance of adoption. 3. Deviations from master plan elements. The planning services zonino and land development review department director may exempt a petition from certain required elements for the PUD master plan pursuant to section 10.02.12 of this Code when the petition contains conditions, which demonstrate that the element may be waived without a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided the board of county commissioners. B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with section 10.02.12 shall be submitted and processed as for a rezoning amendment generally pursuant to section 10.02.12 and in accordance with the following special procedures: 1. Preapplication conference. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the planning services zonino and land development review department director and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans or programs relative to possible applicable federal or state requirements or other matters that may affect the proposed PUD. This preapplication conference should address, but not be limited to, such matters as: 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, 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. c, Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 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. 120 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.13 PUD Procedures 062106 RB.doc Text underlined is new text to be added. Tel<< strikethrel,lgt-l is sl,lrrent text to be selated. Bold text indicates a defined term e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 2. Prehearing conference. Prehearing conferences may be held between the applicant and/or his representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of such prehearing conferences shall be to assist in bringing the application for rezoning to PUD as nearly as possible into conformity with the intent of these or other applicable regulations, and/or to define specifically any justifiable variations from the application of such reg u lations. 3. Staff review and recommendation. Based upon evaluation of the factors set forth above, the county staff shall prepare a report containing their review findings, and a recommendation of approval or denial. 4. Hearing before the planning commission. Public notice shall be given and a public hearing held before the planning commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of development, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to section 10.02.12. 5. Planning commission recommendation. The planning commission shall make written findings as required in section 10.02.08 and as otherwise required in this section and shall recommend to the board of county commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the planning commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in section 10.02.08. a. The suitability of the area... (No change) b. Adequacy of evidence of ...(No change) c. Conformity of the proposed ...(No change) d. The internal and external... (No change) e. The adequacy of usable... (No change) f. The timing or sequence of ... (No change) g. The ability of the subject ...(No change) h. Conformity with PUD regulations, or ... (No change) 121 l:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10.02.13 PUD Procedures 062106 RB.doc Text underlined is new text to be added. Text strikethro\lgh is curreAt talll to be selated, Bold text indicates a defined term 6. Action by board of county commissioners. Unless the application is withdrawn by the applicant or deemed "closed" pursuant to section 2.03.06 of this Code, the board of county commissioners shall, upon receipt of the planning commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the PUD rezone application, PUD master plan of development and PUD document ordinance, as recommended by the planning commission to the board of county commissioners. The board of county commissioners shall either grant the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning. C. Effect of planned unit development zoning. If approved by the county board of commissioners, the master plan for development, the PUD document ordinance and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the zoning code and shall become the standards for development for the subject PUD. Thenceforth, the development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not act to authorize or vest the location, design, capacity, or routing of traffic for any access point depicted on, or described in, such ordinance or plan. Before development of any type may proceed, all agreements, conditions of approval, and contracts required, but not approved at the time of amending action, shall be approved by appropriate officers or agencies of the county. Issuance of a final development order within any tract or increment within the PUD shall first require compliance with all sections of the Collier County subdivision regulations (Chapter 10) and/or the site development plan regulations (section 10.02.03) as appropriate. 122 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10,02,13 PUD Procedures 062106 RB,doc Text underlined is new text to be added, Text strikethrollgt-l is current telEt to be seleted, Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff AUTHOR: Comprehensive Planning Staff and Alexandra J. Sulecki, Sr. Environmental Specialist, Environmental Services Department DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1,2006 LDC PAGE: LDCl:25, LDC2:5-LDC2:7 LDC SECTION: 1.08.02 Definitions 2.01.03 A.9" 2.01.03 B.1.e., and 2.01.03 G.1.f, Essential Services CHANGE: Definitions: Define passive recreation. Essential Services: To insert language clarifying that hunting and vehicle use are activities allowed on Conservation Collier lands where specified by an approved management plan. REASON: Definitions: To clearly identify uses allowed by the term "passive recreation. Essential Services: To clarify that, though not typically considered "passive recreation," hunting and vehicle use for management purposes are allowed activities on Conservation Collier lands where specified by an approved land management plan. FISCAL & OPERATIONAL IMPACTS: No additional staff or administrative resources are needed. Both additions are for clarification purposes only and will have no fiscal impacts. RELATED CODES OR REGULATIONS: Conservation Collier Ordinance 02-63, Essential Services Ordinance 06-07 GROWTH MANAGEMENT PLAN IMPACT: Consistent with the County's GMP (FLUE & CCME) OTHER NOTESNERSION DATE: Created on March 16,2006. Revised May 19, June 7, 2006; August 7,2006, August 22,2006. September 1,2006. 123 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0802 passive recreation CCPC final 9-1-06 BB,doc Text underlined is new text to be added. Text strikethn)l,lgh is sl,lrrent text t9 Be aeleted. Bold text indicates a defined term Amend the LDC as follows: Section 1.08.02 Definitions Passive Recreation: Activities characterized by a natural resource emphasis and non- motorized activities. These activities are deemed to have minimal negative impacts on natural resources~ or are consistent with preservation, enhancement, restoration and maintenance goals for the purpose of habitat conservation. Examples of passive recreation include, but are not limited to, bird watching and nature study, swimming, picnicking, hiking, and fishing. ************ Section 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, AND FSAS: l, Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3, Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); and 8. Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property 124 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0802 passive recreation CCPC final 9-1-06 BB.doc Text underlined is new text to be added. Text strikethrough is surrent text te Be deleted. Bold text indicates a defined term owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings. 9, Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities exclusive of major improvements, Where allowed by individual approved land management plans, hunting, and vehicle use for management purposes, shall be permitted. Permitted minor improvements shall be limited to one (l) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (l00) square feet; and public restroom facilities not to exceed five-hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts of land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to section 2.03.05 B.1.a.(8) of this Code. B. Permitted essential services IN CON districts, RFMU sending lands, NRP AS, HSAS, AND FSAS, 1. Within CON districts, Sending Lands in the RFMU district, NRP As, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 C., the following essential services are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; c, Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the 125 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0802 passive recreation CCPC final 9-1-06 BB.doc Text underlined is new text to be added, Text strikethrougt-l is curr-eAt te~ to be seleted, Bold text indicates a defined term Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP , e. Conservation Collier lands which provide public access for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Where allowed by individual approved land management plans. hunting, and vehicle use for management purposes, shall be permitted. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; a fully accessible trail, or trail section with an ADA compliant surface; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed 500 square feet. C. Additional permitted essential services in commercial and industrially zoned districts. In commercial and industrially zoned districts, in addition to the essential services identified above in section 2.01.03 A., governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service. D. Additional permitted essential services in the agricultural and estate zoned districts. In the agricultural and estate zoned districts, in addition to the essential services identified above in section 2.01.03 A., the following governmental services and facilities shall be considered permitted essential services: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E. Additional permitted essential services in the agricultural zoned district, In the agricultural zoned district, in addition to the essential services identified above in section 2.01.03 A" safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services. F. Additional permitted essential services in residentially zoned districts, In residentially zoned districts, in addition to the essential services identified above in section 2.01.03 A., neighborhood parks shall be considered a permitted essential service. G. Conditional uses. The following uses require approval pursuant to section 10.08,00 conditional uses: 1. Conditional essential services in every zoning district excluding the RFMU district sending lands, CON districts, NRP AS, AND RLSA designated HSAS and FSAS. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU district Sending Lands, CON districts, and NRP As, the following uses shall be allowed as conditional uses: 126 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0802 passive recreation CCPC final 9-1-06 BB.doc Text underlined is new text to be added, Text strikethrol,lgh is current text to be deloted, Bold text indicates a defined term a. Electric or gas generating plants; b. Effluent tanks; c, Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, d. Hospitals and hospices; and e, Government facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services. f. Conservation Collier lands which provide for permitted, nondestructive, passive natural resource based recreational and educational activities, when such sites require major improvements to accommodate public access. These improvements shall include, but not be limited to: parking areas of 21 parking spaces or more; nature centers; equestrian paths; hiking and/or biking trails; canoe and kayak launch sites; public restroom facilities, greater than 500 square feet; directional drilling for oil and gas extraction, under the provisions of section 2.03.05 B.1.c.(1) of this code; signage beyond that allowed in sections 2.01.03 A.9. and 2.01.03 B.1.e. of this code~ and, other nondestructive, passive recreational activities as identified by the County Manager or designee, or an approved land management plan. The provisions for Conservation Collier lands do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands area established, such that no expansion or diminution of the various zoning district conditional uses is intended or implied by these provisions, except as stated above for major improvements. Oil and gas field development and production as defined and regulated in this code remains a conditional use on or beneath Conservation Collier lands established in zoning districts providing for oil and gas field development and production as a conditional use, subject to section 2.03.05 B.1.c.(1) of this Code, * * * * * * * * * * * * 127 I:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0802 passive recreation CCPC final 9-1-06 BB.doc Text underlined is new text to be added. Text strikethr-sugh is current text to se aeleted. Bold text indicates a defined term This page intentionally left blank. 128 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0802 passive recreation CCPC final 9-1-06 BB.doc Text underlined is new text to be added. Text strikett-lrol,lgR is sl,lrront text to Be aeleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2006 LDC PAGE: LDC 3 :24 LDC SECTION: Section 3,05.02 Exemptions from Requirements for Vegetation Protection and Preservation CHANGE: Add exemptions for work in publicly owned right of ways, and provide for clarification for exemptions for single family clearing. REASON: To allow work to be done more quickly without needs for clearing permits as long as other agency permits have been obtained. FISCAL & OPERATIONAL IMPACTS: This will reduce the time staff spends issuing these permits, RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This draft provided by Barbara Burgeson, This version dated MarchIO, 2006; amended April 6, 2006; April 17, 2006, July 13, 2006, August 7, 2006, August 22,2006. Amend the LDC as follows: 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation A. NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this section. B. Seminole and Miccosukee tribe exception. In accordance with ~ 581.187, F.S., vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including, but not limited to, palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes Tribal member identification and written 129 I:\LDC-Amelidments\LDC Cycle 1 - 2006\New Amendments\3 05 02 VRP exemptions CCPC final 8-22-06 BB.doc Text underlined is new text to be added. Text strikethrougt-l is curreRt text te Be deleted, Bold text indicates a defined term permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. c. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.04 through 3.05.07G. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re- create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. Pre-existing uses. Exemptions from the requirements of section 3.05.07F through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved development shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district as long as they do not result in an increase in development density or intensity. E. Exempt mangrove alteration projects. Mangrove alteration projects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17 -321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of section 3.05.07. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. 130 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3 05 02 VRP exemptions CCPC final 8-22-06 BB.doc Text underlined is new text to be added, Text strikethrel,lgt-l is curreAt text te Be deleted. Bold text indicates a defined term F. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing one (1) acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, -RSF, VR, A or E, or other nonagricultural, non- sending lands, non-NRPA, noncommercial zoning districts in which single-family lots have been subdivided for single-family use only, where the following conditions have been met: 1. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or 2. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed on acre. 3. All needed environmental permits or manaoement plans have been obtained from the appropriate local. state and federal aoencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. 4. Where oreater veoetation protection is required in the Rural Frinoe Mixed Use District. a hioher native veoetation protection requirement may not allow for the full one (1) acre of c1earino. G. A vegetation removal permit is not required for the following situations: 1. Removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or designee as part of the final development order. 2. Removal of protected vegetation from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 3. Removal of protected vegetation, other than a specimen tree, by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swath that is less than three (3) feet in width. 4. Removal of protected vegetation prior to building permit issuance if the conditions set forth in section 4.06.04 A.1. 5. Hand removal of prohibited exotic vegetation. Mechanical clearing of prohibited exotic vegetation shall require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. 6. After a rioht-of-way for an electrical transmission line or public utilitv distribution line has been established and constructed, Collier County shall not require any clearino permits for veoetation removal. maintenance. tree prunino or trimmino within the established and constructed rioht-of-way. Trimmino and prunino shall be in 131 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3 05 02 VRP exemptions CCPC final 8-22-06 BB.doc Text underlined is new text to be added, Text strikethr-el,lgt-l is Sl,lrreAt text te be deleted. Bold text indicates a defined term accordance with section 4.06.05.J.1 of this Code. All needed environmental permits must be obtained from the appropriate aoencies and manaoement plans must complv with aoency reoulations and ouidelines. These may include but are not limited to permits for wetland impacts and manaoement plans for listed species protection. 7. After a publicly owned road rioht-of-way or publicly owned canals that are within the road rioht of way have been leoally secured. Collier County shall not require any clearino permits for veoetation removal. maintenance, tree prunino or trimmino within the established road rioht-of-way. Trimmino and prunino shall be in accordance with section 4.06.05.J.1 of this code. All needed environmental permits must be obtained from the appropriate aoencies and manaoement plans must comply with aoency reoulations and ouidelines. These may include but are not limited to permits for wetland impacts and manaoement plans for listed species protection. 132 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3 05 02 VRP exemptions CCPC final 8-22-06 BB,doc Text underlined is new text to be added. Text strikett-lrol,lgh is cl,lrrent text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEP ARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2006 LDC PAGE: LDC 3:36 LDC SECTION: Section 3.05.07.H.l.d, Allowable uses in preserves CHANGE: Add criteria to allow for treated stormwater within wetland or hydric preserve areas when the additional stormwater will either benefit the preserve or will have no negative impact on the native vegetation or listed species in the preserve or to the uplands or listed species within or adjacent to the preserve. REASON: There are times when it is appropriate for stormwater to be directed into preserves and this amendment defines those times. FISCAL & OPERATIONAL IMPACTS: This will reduce the time staff spends on requests of this type since there will be criteria to utilize. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version dated March 10, 2006; amended June 15,2006; July 10,2006; September 1,2006. Amend the LDC as follows: 3.05.07 Preservation Standards. H. Preserve standards. 1. Design standards. * * * * * * * * * * * h. Allowable uses within preserves. For the purposes of this Section, preserves are those areas that fulfill the native veoetation retention standards and criteria of section 133 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3 05 07 allowable uses iin preserves (stormwater) CCPC final 9-1-06 BB.doc Text underlined is new text to be added, Text strikethrollgA is current text te Be deleted, Bold text indicates a defined term 3.05.07. Only the followino uses subiect to the associated desion criteria have been determined to ensure that the ecolooical functions of the preserves are maintained and are allowed within preserves. i. Passive recreational uses subiect to the followino criteria. a) Passive recreational uses are allowed within preserves. as lono as any clearino required to facilitate these uses does not impact the minimum required native veoetation. These uses would allow limited access to the preserve, in a manner that will not cause any neoative impacts to the preserve, such as pervious pathways, benches and educational sions. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.1.c. Fences and walls are prohibited within the preserve. ii. Treated stormwater subiect to the followino criteria. a) Treated stormwater shall be allowed only in preserves that are comprised of iurisdictional wetlands, uplands comprised solely of hydric soils as mapped in the Soil Survey of Collier County Area, Florida, (USDA 1998), or a combination thereof. b) Stormwater shall not be discharoed into upland preserves with listed species. Stormwater shall be allowed in iurisdictional wetland preserves with listed species, but shall have no neoative impact on those listed species. c) Stormwater enterino the preserve must be treated to meet the water quality volumetric requirements of Section 5.2.1 (a) of the Basis of Review For Environmental Resource Permit Aoplications Within the South Florida Water Manaaement District. (SFWMD February 2006). Discharoe of treated stormwater into a preserve shall be in a controlled manner to prevent erosion, scour, and to promote even distribution. 134 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3 05 07 allowable uses iin preserves (stormwater) CCPC final 9-1-06 SS.doc Text underlined is new text to be added, Text strikothrsl,lgh is GllrreAt text to be seletea, Bold text indicates a defined term d) When stormwater is allowed in preserves. the associated stormwater facilities such as berms. swales, or outfall structures. may be located within the preserve. but the area of such facilities can not count towards the native veoetation preservation requirement pursuant to Section 3.05.07. of the LDC. These facilities are not subiect to setback requirements as found in Section 3.05.07.10.H.3. of the LDC. These facilities must be placed under a drainaoe easement. e) Where stormwater is allowed in a preserve, the Preserve Manaoement Plan as required in Section 3.05.07.10.H.1.0 of the LDC must address potential maintenance problems and shall also provide for a monitorino prooram. 135 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3 05 07 allowable uses iin preserves (stormwater) CCPC final 9-1-06 BB,doc Text underlined is new text to be added. Text strikethr-ough is oljrrent text to be deleted. Bold text indioates a defined term This page intentionally left blank. 136 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3 05 07 allowable uses iin preserves (stormwater) cepc final 9-1-06 BB.doc Text underlined is new text to be added. Text strikethrough is sl,lrF9nt text to be aeleted. Bold text indicates a defined term LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2006 LDC PAGE: LDC 3:35 LDC SECTION: Section 3.05.07.H Preserve standards CHANGE: Amend the minimum requirement to identify 75% of the preserves on the PUD master plan; to require 95%. REASON: This requirement was created prior to the current GMP and LDC when staff did not have specific criteria which must be used to select the preserves. This requirement was put in the code to require that the developer select at least 75% of the preserves for the project at a time when staff did not have definitive criteria for the selection priority. By limiting the amount identified after the PUD is approved, to 5%, it will reduce the conflicts that arise when separate owners challenge the distribution of remaining preserves at a later time after the initial master plan is set. Staff is also recognizing the need for flexibility for the last 5% of the preserves to be identified on the plans when the next development order is submitted, The use of 95% is supported by the current insubstantial change process as set forth in Section 10,02,13.E, which allow up to a 5% change to the PUD master plan. FISCAL & OPERATIONAL IMP ACTS: This will require that 95% of all preserves be identified at the time of the first development order submittal. That will greatly reduce the time staff spends re-assessing the remaining on site native vegetation so that they can require the appropriate remainder of the preserves to be set aside at the time of the next development order submittal. There is no additional cost for any applicant as they currently supply staff with all the needed information to evaluate this requirement. RELA TED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version dated March 20, 2006; amended April 17, 2006; July 13,2006, August 7, 2006, August 22,2006. Amend the LDC as follows: 137 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3 05 07 95% preserves CCPC final 8-22-06 BB,doc Text underlined is new text to be added. Text strikethrol,lgR is surroAt text te Be deletes. Bold text indicates a defined term 3.05.07 Preservation Standards * * * * * * * * * * * * * H Preserve standards. 1. Design standards. a. Identification. Native vegetation that is required to be preserved or mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a Preserve and shall be identified in the following manner: i. The Preserve shall be labeled as "Preserve" on all site plans. ii. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of +a% 95% of the preserves shall be set-aside on the PUD Master Plan with the remaining 2a% 5% identified at the time of the next development order submittal. iii. The Preserve shall be identified at the time of the first development order submittal. 138 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\3 05 07 95% preserves CCPC final 8-22-06 BB,doc Text underlined is new text to be added. Text strikethrol,lgt-l is cl,lrrent text to Be selated. Bold text indicates a defined term LDC Amendment Reauest ORIGIN: Community Development and Environmental Services AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC 5:14 LDC SECTION(S): 5.03.06.1 CHANGE: Make the requirement of a site visit for boat dock permitting optional on the part of staff. REASON: Currently the Land Development Code requires staff to make site visits to verify the presence or absence of sea grass beds in the vicinity of proposed docks. Often the presence or absence of sea grass beds can be determined by other means such as aerial photography, examining bottom profiles, etc, with no need for site visits on the part of staff, FISCAL & OPERATIONAL IMPACTS: Staff time and vehicle usage would be saved where site visits were not necessary. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version dated March 15 2006; amended April 17, 2006 Amend the LDC as follows: 5.03.06 Dock Facilities * * * * * * * * * * * * * I. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of one (1) inch to 200 feet when available from the County, or a scale of one (1) 139 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.03,06 Boat Docks (41706) (for BCC),doc Text underlined is new text to be added. Text strikethro~gt-l is sl,lrr-el'lt text te Be seleted. Bold text indicates a defined term inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by n site visit by the County manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least ten (10) feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within ten (10) feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least three and one-half (3.5) feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of four (4) feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. 140 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5,03,06 Boat Docks (41706) (for BCC).doc Text underlined is new text to be added. Text strikethrougt-l is Cl.Jr:r-eAt text ta Be deletec::l, Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Susan Mason, Senior Environmental Specialist DEP ARTMENT: Environmental Services AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC8:11 LDC SECTION(S): 8,06,03; 8.06.04; and 8.06,10. CHANGE: Add 2 alternate members to the Environmental Advisory Council (EAC), clarify when EAC review of stormwater in preserves is allowed and correct a reformatting error. REASON: To insure quorum, obtain EAC input on stormwater in preserves and insert the appeals process in a more appropriate place in the LDC. FISCAL & OPERATIONAL IMPACTS: Additional advertising to fill the 2 new positions will be required. An increase in staff time to evaluate applicants and prepare information regarding applicant qualifications for the BCC. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version dated February 8, 2006; amended April 17 and June 19,2006; July 13,2006; August 7,2006, August 22,2006, September 1,2006. Amend the LDC as follows: 8.06.03 Powers and Duties N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. 1. An applic:mt oggrie'.'ed by oction of the EAC m3Y oppe31 to the BZJ\. Said 3ppeol Sh311 be in 3ccord3nce v.'ith the procedure 3nd st3ndards of section 10.02.02 for 3ppeol of written interpretotions. 141 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\8 06 04 EAC CCPC final 9-22-06 BB,doc Text underlined is new text to be added. Text strikethrough is current telEl te be deletod. Bold text indicates a defined term O. Scope of land development proiect reviews. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than five years old (or if older than five years, has been updated within six months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowino treated stormwater to be discharoed in Preserves as allowed in section 3.05,07 . 8.06.04 Membership. A. Appointment. Nine (9) reoular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCC. Alternate members will be requested to attend meetinos when reoular members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacino a reoular member. Appointment to the EAC shall be by resolution of the BCC and shall set forth the date of appointment and the term of office. Each appointment shall be for a term of foo.f-.f 4 t years. Terms shall be staggered so that no more than a minority of such members' appointments will expire in anyone year. B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with 142 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\8 06 04 EAC CCPC final 9-22-06 BB.doc Text underlined is new text to be added. Text strikett-lr-el:lgh is sl,lrrent tell! ta Be eleleted. Bold text indicates a defined term technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of ~ 6 t technical reoular members and three ( 3 t non-technical reoular members, and 2 technical alternate members. Technical members shall demonstrate evidence of expertise in one(1) or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste , hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste , stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCC. 8.06.10 Appeal. Any person aoorieved by the decision of the county manaoer or his desionee reoardino any petition for which environmental issues cannot be resolved between the applicant and staff in which there is no other avenue of appeal may file a written request for appeal. not later than ten days after said decision, with the EAC. The EAC will notify the aoorieved person and the county manaoer or his desionee of the date, time and place that such appeal shall be heard; such notification will be oiven 21 days prior to the hearino unless all parties waive this requirement. The appeal will be heard by the EAC within 60 days of the submission of the appeal. No less then ten days prior to the hearino the aoorieved person and staff shall submit to the EAC and to the county manaoer or his desionee copies of the data and information they intend to use in the appeal. and will also simultaneously exchanoe such data and information with each other. Upon conclusion of the hearino the EAC will submit to the board of county commissioners its facts, findinos and recommendations. The board of county commissioners, in reoular session, will make the final decision to affirm. overrule or modify the decision of the county manaoer or his desionee in lioht of the recommendations of the EAC. 143 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\8 06 04 EAC CCPC final 9-22-06 BB,doc Text underlined is new text to be added, Text strikethrougt-l is surrent toxt to Be deleted, Bold text indicates a defined term LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 1,2006 LDC PAGE: LDCI0:6; LDCI0:11 LDC SECTION(S): lO.02.02.A.2; lO.02.02.A.4.h; lO.02.02.A.7 CHANGE: 1) Eliminate the requirement for an Environmental Impact Statement (EIS) for changes in zoning not requiring approval of a development plan. Provide clarification of the requirement to update an Environmental Impact Statement, 2) Add additional GMP requirement to EIS section of LDC. 3) Provide for an exemption for single family homes with defined limitations. REASON: 1) To eliminate the need for an EIS for projects where it is more appropriate to postpone the assessment to a later process. 2) Policy 10.6.3 of the Conservation and Coastal Management Element of the Growth Management Plan requires shoreline projects, where an EIS is required, to provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 3) To allow exemptions for single family homes. FISCAL & OPERATIONAL IMP ACTS: The first and third amendments will reduce the number or review time of Environmental Impact Statements overall. Time and money will be saved by both the County and applicants. The second amendment will require time on the part of the applicant and staff to prepare and evaluate the analysis, but it is already a requirement of the GMP so the applicant is already obligated to do this, RELATED CODES OR REGULATIONS: None, GROWTH MANAGEMENT PLAN IMPACT: This proposed LDC amendment is consistent with Policy 6.1.8 of the Conservation and Coastal Management Element of the Growth Management Plan. This sea level rise assessment is required by Policy 10.6,3 of the Conservation and Coastal Management Element of the GMP (this language is verbatim OTHER NOTESNERSION DATE: This version dated March 1, 2006; amended April 18, 2006; May 13,2006; June 15,2006; July 10,2006 August 7,2006, August 22, 2006, September 1, 2006. 145 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 02 EIS CCPC final 9-1-06 BB.doc Text underlined is new text to be added. Text strikethrol,lgh is Cl,lrreAt text to be deleted. Bold text indicates a defined term Amend the LDC as follows: Section 10.02.02 Submittal Requirements for all Applications A. Environmental impact statements * * * * * * * * * * * * * 2. Applicability; environmental impact statement (EIS) required. Without first obtaining approval of an EIS, or Qualifyino for an exemption pursuant to section 10.02.02 A.7., as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration shall be issued to cause the development of or site alteration of: a. Any site with a ST or ACSC-ST overlay. b. All sites seaward of the coastal management boundary that are 2.5 or more acres. c. All sites landward of the coastal management boundary that are ten or more acres. d. Sites where a prior EIS was prepared and approved for the same area of land and where the following exist: i. Greater impacts to preserve areas or ch:mges in loc3tion to preserve 3re3S are proposed; II Greater impacts to jurisdictional wetlands or listed species habitats are proposed; iii. New listed species have been identified on site; iv. A previous J2..!iQLEIS is more than 5 years old ; or v. Preserve areas were not previously approved. e. Any other development or site alteration which in the opinion of the County Manager or his designee, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. In determining whether such a project would have substantial environmental impact the County Manager or his designee shall base his decision on the terms and conditions described in this Code and on the project's consistency with the growth management plan. 146 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 02 EIS CCPC final 9-1-06 BB.doc Text underlined is new text to be added. Tel(! strikethrol,lgt-l is current text te ae seleted, Bold text indicates a defined term f. When required by section 3.04.01 of this Code, plant and animal species surveys shall be conducted regardless of whether an EIS or resubmitted EIS is required by this section. * * * * * * * * * * * * * 4. Information required for application. * * * * * * * * * * * * * h Other. i. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the marina Siting and other criteria in the Manatee Protection Plan. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. iii. For sites located in the Big Cypress Area of Critical State Concern- Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. v. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. vi. Provide an analysis demonstratino that the proiect will remain fully functional for its intended use after a six-inch rise in sea level as required by the Growth Manaoement Plan. * * * * * * * * * * * * * 7. Exemptions. 147 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 02 EIS CCPC final 9-1-06 BB.doc Text underlined is new text to be added. Text strikethreugh is ourrent text to be deleted. Bold text indicates a defined term a. The EIS exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 4.02.14 H (exceptions) or 4.02.14.1. (exemptions), of this Code. b. Single-family or duplex uses. Also, single family or duplex use on a single lot or parcel. c. Agricultural uses . Agricultural uses that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of twenty-five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. d. Non-sensitive areas. Any area or parcel of land which is not, in the opinion of the County Manager or his designee, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning overlay: I. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. ii. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code. iii. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. iv. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. v. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. e. All lands lying within all incorporated municipalities in Collier County. f. All NBMO Receiving Lands. g. Single-family lots in accordance with section 3.04.01 C.1. 148 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 02 EIS CCPC final 9-1-06 BB,doc Text underlined is new text to be added. Text strikethrolJgh is surrent text te Be deleted. Bold text indicates a defined term h. A conventional rezone with no site plan or proposed development plan. This exemption does not apply to lands that include any of the followino zonino, overlays or critical habitats: Conservation (CON), Special Treatment (ST), Area of Critical State Concern (ACSC), Natural Resource Protection Areas (NRPA's), Rural Frinoe Mixed Use (RFMU) Sendino Lands. Xeric Scrub. Dune and Strand, Hardwood Hammocks. or any land occupied by listed species or defined by an appropriate State or Federal aoency to be critical foraoino habitat for listed species. 149 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 02 EIS CCPC final 9-1-06 BB,doc Text underlined is new text to be added, Text strikethrough is curreAt text to be deleted. Bold text indicates a defined term This page intentionally left blank. 150 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\10 02 02 EIS CCPC final 9-1-06 BB,doc Text underlined is new text to be added. Text strikethrougt-l is curreAt text te be deleted. Bold text indicates a defined term LDC Amendment Reauest ORIGIN: CDES AUTHOR: Tor Kolflat DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC1:10 LDC SECTION(S): 1.08.01 Abbreviations CHANGE: Add abbreviations for FL DOT document entitled "Florida Land Use Cover and Forms Classification System." Also adding "NA VD" to complement new LDC requirements to provide both NA VD and NGVD measurements on site plans. Add zoning district abbreviations. Expanded list of CDES acronyms received from Planning Commission was added. REASON: To enhance the readability of the Land Development Code. FISCAL & OPERA TIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Throughout the Code. GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: Created on May 2, 2006. Revised August 2,18 and 21 to include list of suggested acronyms from the Planning Commission. Amend the LDC as follows: A Aaricultural Zonina District ACOE Army COrDS of Enaineers ACP Anricultural Cleanino Permit ADA Americans with Disabilities Act ACSC Bia Cyoress Area of Critical State Concern ADT Average Daily Trips (transportation) AHDB Affordable Housing Density Bonus ALF Assisted Living Facility APFC Adequate Public Facilities Certificate (APFC) ASI Area of Sianificant Influence ASTM American Society for Testing and Materials ATF After the Fact AUIR Annual Update and Inventory Report BD Boat Dock Petition BOA Collier County Building Board of Adjustments and Appeals BCC Collier County Board of County Commissioners 151 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0801 Abbreviations 082306 CCPC.doc BFE Base Flood Elevation BMUD Bavshore Mixed Used District BP Business Park Zonina District BZA Collier County Board of Zoning Appeals CAO County Attomey's Office C-1 Commercial Districts C-2 Commercial Convenience District C-3 Commercial Intermediate District C-4 General Commercial District C-5 Heavv Commercial District CCME Conservation and Coastal Manaaement Element of the Growth Manaaement Plan CMS Concurrency Manaaement System CCPC Collier County Plannina Commission CCSL(P) Coastal Construction Setback Line (Permit) CDD Community Development District CEB Code Enforcement Board CDES Community Development & Environmental Services CF Community Facility CFR Code of Federal Register CIE Capital Improvement Element CIP Capital Improvement Proaram CMO Corridor Manaaement Overlav C.O, Certificate of Occupancv COA Certificate of Public Facilities Adeauacv CON . Conservation Zonina District CRD Compact Rural Development CSP Conceptual Site Plan CU Conditional Use DBH Diameter at Breast Height DCA Department of Community Affairs DEP Department of Environmental Protection DO Development Order DRI Development of Reaionallmpact DSAC Development Services Advisory Committee DSWT Dry Season Water Table E Estates Zoninq District EAC Collier County Environmental Advisory Council EAR Evaluation and Appraisal Report EIS Environmental Impact Statement EPA Environmental Protection Aoencv ERP Environmental Resource Permit EXP Excavation Permit FAC Florida Administrative Code FAR Floor Area Ratio FBC Florida Building Code FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FEMA Federal Emergency Management Agency FFWCC Florida Fish and Wildlife Conservation Commission FIHS Florida Interstate Hiohwav System FIRM Flood Insurance Rate Map FIS Flood insurance study FLDO Final Local Development Order FLUCFCS (FOOT 1999) "Florida Land Use Cover and Forms Classification System" (FOOT 1999) FLUE Future Land Use Element of the Collier County Growth Manaoement Plan FLUM Future Land Use MaD of the Collier County Growth Manaoement Plan Text underlined is new text to be added, Text strikethrel,lgh is SI.JrFeRt text tEl Be Eleleted, Bold text indicates a defined term 152 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0801 Abbreviations 082306 CCPC.doc F,S.I Fla, Stat. Florida Statutes FSA Flow Wav Stewardship Area FSP Final Subdivision Plat GC Golf Course Zoninq District GGAMP Golden Gate Area Master Plan GGPPOCO Golden Gate Parkway Professional Office Commercial Overlay District GMP Collier County Growth Management Plan GPCD Gallons per Capita per Day GT Gopher Tortoise GTMUD Gatewav Triangle Mixed Use District GIS Geoqraphic information svstem GWP Ground Water Protection Zone GZO Goodland Zoninq Overlav HSA Habitat Stewardship Area HVAC Heating, Ventilation, & Air Conditioning I Industrial Zoninq District ICBSD Immokalee Central Business Subdistrict LDC Collier County Land Development Code L1NDAR LPA Local Plan nino Aoencv LOS Level of Service LSPA Littoral Shelf Plantino Area M/F Multi-Familv Use or Zonino MH Mobile Home MHO Mobile Home Overlav MHWL Mean Hioh Water Line MLW Mean Low Water MPP Manatee Protection Plan MUP Mixed Use Proiect NAICS North American Industry Classification System NAVD North American Vertical Datum NBMO North Belle Meade Overlav NC Neiohborhood Commercial District NPDES National Pollution Discharae Elimination System NGS National Geodetic Survey NGVD National Geodetic Vertical Datum NOAA National Oceanic and Atmospheric Administration NRPA Natural Resource Protection Area O,C, On Center P Public Use District PPL Plans and Plat PSI Pounds per Souare Inch PSP Preliminary Subdivision Plat PUD Planned Unit Development RCW Red Cockaded Woodpecker RFMU Rural Fringe Mixed-Use RLS Reouest for Leoal Services RLSA Rural Lands Stewardship Area RNC Residential Neiohborhood Commercial Subdistrict ROW Right-of-way RSF-1-2-3-4-5-6 Residential Sino Ie-Family RMF-6 Residential Multiple-Family District 6 RMF-12 Residential Multiple-Family District 12 RMF-16 Residential Multiple-Family District 16 RT Residential Tourist District Text underlined is new text to be added. Text strikethrsl,lgt-l is curF9nt text to be deleted. Bold text indicates a defined term 153 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0801 Abbreviations 082306 CCPC.doc SBCO Santa Barbara Commercial Overlav District SBR School Board Review SIC Standard Industrial Classification SDP Site Development Plan SF Sinale-Family SIP Site Improvement Plan SFWMD South Florida Water Management District SLOSH Sea, Lake, and Overland Surge from Hurricane SLR Sound Level Reduction SRA Stewardship Receivina Area SSA Stewardship Sendina Area ST Special Treatment Area Zonina Overlay ST-NAR Special Treatment Area Zonina for Natural Aauifer Recharae SWM permit Surface Water Manaaement Permit TCEA Transportation Concurrency Exemption Areas TCMA Transportation Concurrency Manaaement Areas TCMS Transportation Concurrency Manaaement System TDR Transfer of Development Rights TIS Transportation Impact Statement TND Traditional Neighborhood Design TP Turtle Permit TIRVC Travel Trailer Recreational Vehicle Campa round UMAN Unified Wetland Mitiaation Assessment Methodoloay USDOTFHA U,S, Dept. of Transportation Federal Highway Administrator USFWS United States Fish and Wildlife Service VOB Vehicle on the Beach Permit VR Villaae Residential Zonina Districts VRP VeQetation Removal Permit VRSFP Veaetation Removal and Site Fill Permit W Waterfront District WRA Water Retention Area (within RLSAI Text underlined is new text to be added, Text strikethrol,lgh is Sl,lrrent text te Be deleted, Bold text indicates a defined term 154 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1 0801 Abbreviations 082306 CCPC.doc Text underlined is new text to be added, Text strikethrel,lgh is surreAt text te be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC1:? and LDC5:110 LDC SECTION(S): 1.08.02 Definitions; 5.06.04 Sign Standards for Specific Situations CHANGE: Take operational provision out of definition and add wording from definition to wall signs section. Add requirements for multi-story building signage. REASON: To clean up definition. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 5.06.04 C.4.b. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created 3/24/06; revised 04/14/06. Revised 06/15/06, Amend the LDC as follows: 1.08.02 Definitions Sign, mansard: Any sign which is attached to a mansard-style roof with the face parallel to the structure to which it is attached,:. ::md which does not project more th::m 18 inches from such structure or 3bo'le the roofline. Mansard signs shall be considered wall signs. (See Section 5.06.00.) * * * * * * * * * * * * * 5.06.04 Sign Standards for Specific Situations * * * * * * * * * * * * * C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non-residentially zoned districts subject to the restrictions below: 155 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\1.08.02 mansard signs 041406 DC,doc * * * * Text underlined is new text to be added, Text strikethrsl;lgh is Cl,lrreAt text te Be deleted. Bold text indicates a defined term * * * * * * * * 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers, multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or the buildingi aAG :. i. The County Manaoer or desionee may administratively vary the dimension requirements of clear area, in cases where architectural desion of facades restricts clear area. c. All wall signs for multi-use buildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign ~ d. No wall or mansard sian shall proiect more than 18 inches from the buildino or roofline to which it is attached. e. Multi-story buildinos with three or more stories are limited to 1 wall sian per street frontaoe not to exceed a maximum of 2 wall sians per buildina. but such sians shall not be placed on the same wall. i. Wall sians may be located in the uppermost portion of the buildina not to exceed the main roof or parapet. A notarized authorization letter is required at the time of buildino permit submittal from the property owner or 156 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\1.08,02 mansard signs 041406 DC,doc .. . *,~,.,,,,..........- Text underlined is new text to be added. Text strikethrough is Sl,lrrent text to Be deleted, Bold text indicates a defined term Property Manaoement Company oivino authorization as to which tenant sian will be allowed. ii. First floor commercial units shall be limited to one wall sian not to exceed 20 percent of the total square footaoe of the visual facade of the unit to which the sian will be attached and shall not in any case exceed 64 square feet. No wall sian shall exceed 80 percent of the width of the unites) occupied by a business with a minimum of 10 percent clear area on each outer edoe of the unites) . * * * * * * * * * * * * * 157 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\1,08.02 mansard signs 041406 DC.doc Text underlined is new text to be added. Teld strikethrougt-l is current text tEl be deleted. Bold text indicates a defined term This page intentionally left blank. 158 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\1,08,02 mansard signs 041406 DC,doc Text underlined is new text to be added. Text strikett-lrougt-l is current text to be deleted, Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Jean Jourdan DEPARTMENT: Comprehensive Planning Department AMENDMENT CYCLE # OR DATE: Cycle I LDC PAGE: LDC 2:10 LDC SECTION: Residential Zoning Districts Sec. 2.03.01 & 2.04.03 LDC SUPPLEMENT #: Supplement I CHANGE: 1. 2. Spell out the word Agricultural/Rural. Add informational language to the LDC that states the Golden Gate Area Master Plan restricts the location of conditional uses in the "Estates" zoning within the Golden Gate Estates subdivision, * Add footnote to Accessory and Conditional Uses REASON: 1. 2. Clarification: "a" reflects Agricultural/Rural. Presently the LDC does not advise of the locational criteria for conditional uses located within the Estates zoning district of the Golden Gate Estates subdivision that does not apply other Estates zoned properties. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to either Collier County or the public, RELATED CODES OR REGULATIONS: Golden Gate Area Master Plan GROWTH MANAGEMENT PLAN IMP ACT: Approval of this amendment will inform the public that different criteria exist for conditional uses located within the Estates zoning district of the Golden Gate Estates Subdivision than for other Estates zoned properties, OTHER NOTESNERSION DATE: This version created on March 29,2006. Revised May 21, 2006. Amend the LDC as follows: 159 I:\LDC Web Site\clarifications\2,03.01 GGE CU (032906) JJ.doc Text underlined is new text to be added. Text striketJ:1rough is Sl;lrreAt text to Be Eleleted. Bold text indicates a defined term 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a- Aoricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. For Estates zonino within the Golden Gate Estates subdivision. the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses .The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP or as provided under the Golden Gate Master Plan. * * * * * * * * * * * * 160 I:\LDC Web Site\clarifications\2.03,01 GGE CU (032906) JJ.doc Text underlined is new text to be added. Text &trikethrou@A i& current text tel be deletod. Bold text indicates a defined term Section 2.04.00 Table of Land Uses in Each Zoning District * * * * * * * * * * * * 2.04.03 Table 2. Lands Uses that May be Allowed in Each Zoning District as Accessory Uses or Conditional Uses C = conditional use A = accessory use ....... ~ ..... ~ lr) \Q C,j < (';l ~ ~ ~ ~ ~ ~ c.J ~ V:i V:i V:i V:i V:i V:i I:l:::: I:l:::: I:l:::: I:l:::: I:l:::: I:l:::: SIC Code Soup kitchens Sports instructional camps C or schools Staged entertainment facilities Stone, clay, glass and concrete products Swimming pools Storage, enclosed Tennis facilities Textile mill products Transfer stations Veterinarian's office C Wholesale trade - durable goods Wholesale trade - nondurable goods Yacht club Zoo C 1-- The overlay districts are not included in this table where they are design-oriented and do not change the underlying uses. Overlay districts, whether listed herein or not, allow the uses in the underlying zoning district. Those overlay districts listed in this table also allow the specifically listed uses. Residential Neighborhood Commerci:11 is not included, as it deals '.\lith home occupations. Also permissible in the C-1 zoning district is any other commercial use or professional service which is comparable in nature with the listed uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. a For Estates zonino within the Golden Gate Estates subdivision. the Golden Gate Area Master Plan restricts the location of conditional uses. 161 I:\LDC Web Site\clarifications\2.03.01 GGE CU (032906) JJ.doc Text underlined is new text to be added. Text &triketl:1rou@h is curreRt text to be deleted. Bold text indicates a defined term 1 For restrictions/conditions on clam nurseries in the Goodland Overlay District, see 2.03.07 2 Not incidental to agricultural development of the property. NOTE: "Extraction related processing and production" is not related to "oil extraction and related processing" as defined in this Code. 3 Subject to the following criteria: (a) the activity is clearly incidental to the agricultural development of the property. (b) the affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Management District. (c) the amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in section 10.08.00. 4 Subject to state field development permits. 5 With outdoor kenneling. 6 Only when located outside of any activity center. If within an activity center, see the permitted use tables above. * * * * * * * * * * * * 162 I:\LDC Web Site\clarifications\2.03.01 GGE CU (032906) JJ.doc Text underlined is new text to be added. Text &triketl:1re\,l!ilA is C\,IrreRt text to be E1eleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Redevelopment Agency (eRA) Advisory Board AUTHOR: David Jackson, Exec. Director DEPARTMENT: eRA Advisory Board AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: Beginning at LDC2:47. LDC SECTION(S): 2.03.07 & 4.02.16 - 4.02.21 CHANGE: Adding administrative deviation language, format revisions, map corrections, minor edits for clarity. REASON: Requested by Bayshore Gateway Triangle Local Advisory Board. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 4.02.16 - 4.02.21, 9.04.08, & 10.03.05. GROWTH MANAGEMENT PLAN IMP ACT: Subsection 2.03.07 I. implements GMP policies for the Bayshore/Gateway Community Redevelopment Area. OTHER NOTESNERSION DATE: Created on May 18,2006. Revised May 19-20,2006. Amend the LDC as follows: 2.03.07 Overlay Zoning Districts I. Bayshore Drive Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 2. Applicability a. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and development requirements shall be as required in the 163 I:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_OB0706 PWMF.doc Text underlined is new text to be added. Text striketAro\'/!ilh is curr-ent text to be E1eleted. Bold text indicates a defined term applicable underlying zoning category. b. Existing Planned Unit Developments (PUDs) are not included subiect to ffi the Sayshore Overlay District requirements; however, PUDs approved applications submitted. and found sufficient. after March 3, 2006 are included in the Sayshore Overlay District and must comply with the requirements stated herein. ~ Amendments or boundary chanoes to PUDs that existed prior to March 3. 2006 are not subiect to the Savshore Overlay District requirements. 164 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_080706 PWMF.doc Text underlined is new text to be added. Text strikethrell!ilh is GUrreRt text toile delated. Bold text indicates a defined term BMUD Map No.1 _J -~)! o~~ ( "N..,...l'Ull. --.... ~ ~I~. BIIUD-JaIlllF I \ \ BIIIUD-1l3 (MH) I \ / 1/ '----/ /' , , BMUD-R1 (RIIF-t) BayshDre Mixed Use Overlay District ~ BMUD-NC iii (IIH) BMUD-NC Nolghborhood Common:lol Subdlolrtcl APZ ACCNlIory PlIrklng Zone BMUD-1l3 BMUD-W Waterfront Subdlolrtcl BMUD-R1 R_ldonllal Subdlotr1c11 BIlUD.NC (RMI4) .DTANICALPUCa IlUD. bo/IMlM__ _D BMUD-R2 Raoldontlal Subdlslrtct 2 ~ I J ~ NlIllM! . BMUD.R3 Raoldontlal Subdistrict 3 BMUD.R4 Raol_alSubdlslrtcl4S . (XXX) Undor Lying Zoning BMUD-R2 (RMF-t) BIIIUD-Rl (RSF") Future Land Use Wj Activity c.ntar 18 . _ _. eRA BDundary BOTANICAL. GMIlI!N PUb .~.... DUD BMUD-NC (C'2) BMUD-R4 (RSF.3) n NOR'" IMAL lAY PlIO. --..... UUL lAY PUD. bill......... -..0 . ; 165 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_OB0706 PWMF.doc Text underlined is new text to be added. Text strikethreu@h is ClJrreRt text te Ile deleted. Bold text indicates a defined term G. d. Property owners may follow existing Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop/redevelop under the mixed use provisions of the BMUD Neighborhood Commercial (NC) or Waterfront (W) Subdistricts of this overlay, through a mixed use project approval from the BCC. However, in either instance, BMUD site development standards are applicable, as provided for in section 2.03.07 1.5.h. of this Code. * 3. Mixed Use Project Approval Process. * * * * * * * * * * * * d. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: * * * * * * * * * * * * * 5,2. Bayshore Mixed Use District (BMUD) Subdistricts * * * * * * * * * * * * b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment, while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial subdistrict, except for the standards set forth in section 4.02.17. For mixed use projects only, subject to the MUP approval process MUP approval process in Sec. 2.03.07 1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. 166 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_080706 PWMF.doc Text underlined is new text to be added. Text strikethrough is c\,/rreRt text to be deleted. Bold text indicates a defined term Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts P = permitted - - E = permitted with certain - N M - I I .,. c; - c:::: c:::: exceptions - I - - c:::: 3: c:::: '(3 - N M - ... - ... ... ... ... CI) CI) ... u u u u Blank cell = prohibited "C E u .~ .~ .~ .~ 0 E .~ ... ... ... ... (also see table of () ... .!!! .!!! .!!! .!!! 0 .!!! conditional and accessory () () "C "C "C "C "C .c .c .c .c .c uses) (J) "C :J :J :J :J :J 0 (J) (J) (J) (J) (J) 0 ... c; c; n; .c ns 00 c: ~ ~ ~ ~ e c: c: c: c: ~~ 't: CI) CI) CI) CI) :E :E "C :E ~i oS II) II) II) II) ns CI) CI) CI) CI) 3: c:::: c:::: c:::: c:::: c .- c c c c c ::)]' ::) ::) ::) ::) ::) :i: :i :i :i :i :i Land Use Type or Cateaory m(J) m m m m m * * * * * * * * Automobile Parkina 7521 E9 Automotive Repair, Services, 7514,7515,7521, and Parkino 7542 Automotive Repair, Services, 7513-7549 and Parking Automotive Services Automotive Dealers and 5511, 5531, 5541, Gasoline Service Stations 5571,5599 Barber Shops or Colleges 7241 P P Beauty Shops or Schools 7231 P P Biking Trails B03t Dealers aaM Bowlina Centers 7933 Buildina Construction 1521-1542 Buildina Materials 5211-5261 Building Materials, Hardware, 5231 - 5261 Garden Supplies Business Associations 8621 Business Repair Service Business Services 7311,7313,7322- 7331, 7338, 7361, 7371,7372,7374- 7346, 7379 Business Services 7311-7313,7322- 7338,7361-7379, 7384 9 This use does not include tow-in parking lots or storage. 167 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 03 07_BMUD_Revisions_OB0706 PWMF.doc Text underlined is new text to be added. Text strikethro\'/!Ih is c",rreRt text to Ile E1eleled. Bold text indicates a defined term Business Services 7311, 7313, 7322- P P 7338, 7384 Business Services 7311-7313,7322- 7338,7361-7379, 7384, 7389 '* '* '* * * * * * * * Marinas 4493,4499 P P Multi-Familv Dwellinos P P Parks, Public or Private P P P Performing Arts Theater 7922 p1U * * * * * * * * * * * * * * * * * * * * * * * g 10 Performance seating limited to 200 seats 168 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_OB0706 PWMF.doc Text underlined is new text to be added. Text striketl:1r-ough is current text to be E1eleted. Bold text indicates a defined term CHAPTER 4 SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.00 Site Design Standards * * * * * * * * * * * * * 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict A. Dimensional Standards Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict. Desian Standards front yard build-to-line 5 feet from the property line to the building footorint. The front build-to-line shall 1. Eighty percent of the structure must be also apply to any new located at the required front yard build-to-line; buildings or structures in the the remaining 20 percent must be behind the C-1 through C-5 zoning front yard build-to-line within the range of 3 to districts which underlay the 1 0 feet. * BMUD Neighborhood Commercial Subdistrict. 2. Buildings containing commercial or residential uses are required to have a minimum depth of 35 feet from the front yard build-to- line on all floors. The remaining depth of the lot may be used for parking. 3. Buildings which face on lots that abut Bayshore and intersecting side streets shall have the same front yard build-to-line as the front yard build-to-Iine for Bayshore. * [This is to allow for an entry courtyard or additional landscaping, if desired]. * * * * * * * * * * * * * * * * * * * * * * 169 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_080706 PWMF.doc Text underlined is new text to be added. Text strikethrou@A is curreRt text to be deleted. Bold text indicates a defined term ~. Special Requirements for Accessory Uses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2. BMUD-NC land immediately abuttino adjaGent to Haldeman Creek may engage in boat rental operations. 3. Lots abuttino adjacent to the Neighborhood Commercial (NC) and Waterfront (W) Subdistricts, as indicated on BMUD Map No.1, may construct a dock provided the lots are under the same ownership as the adjacent BMUD-NC or BMUD-W parcels. A site development plan shall be submitted to the County Manager or designee and must succeed in gaining approval. E. Design Standards For Awnings, Loading Docks, and Dumpsters 1. Loading docks and service areas shall not be allowed along the street frontage. 2. All dumpsters.. for new developments of less than 2 acres, must be located in the rear yard of the property, and not visible from Bayshore Drive. F. Landscaping and Buffer Requirements 1. As required by section 4.06.00 of this Code, unless specified otherwise below: 2. Buffers are required between mixed use PUDs, BMUD-NC and BMUD-W Subdistricts aM that abut contiguous BMUD R1 through R'1 Rresidential Subdistricts, property. A minimum 1 a-foot wide landscaped area shall be required. This area shall include: a (6) six-foot high opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall. 3. A shared 10' wide landscape buffer with each adjacent property contributing a minimum of 5 feet is required between BMUD-NC and BMUD-W Subdistricts abutting commercial zoned districts or abutting BMUD-NC or BMUD-W Subistricts. However, the equivalent buffer area square footage may be provided in the form of landscaped and hardscaped courtyards, mini-plazas, outdoor eating areas and building foundation planting areas. * * * * * * * * * * * * * G. Architectural Design Theme. The "Florida Cracker" architectural theme is encouraged for any new developments or existing building rehabilitation or renovation in the C-1 through C-5 zoning districts which underlay the BMUD Neighborhood Commercial (NC) and Waterfront (W) Subdistricts. If the suggested architectural design theme is used then the elements of the buildings should reflect the architectural vernacular of the "Florida Cracker" style. 170 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_OB0706 PWMF.doc Text underlined is new text to be added. Text strikethro\'/gh is curr.ent text tel Ile E1eleted. Bold text indicates a defined term 1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. Regardless of the architectural theme chosen, the following design elements are required. a. Hip or gable building roofs shall be metal seam (5v Crimp, standing seam or similar design) b. Windows with vertical orientation and the appearance of divided glass trim. c. Facade wall building materials shall be of wood, stucco finish or cement board products. d. All buildings immediately adjacent to Bayshore Drive shall have the principal pedestrian entrance fronting Bayshore Drive. Exceptions may be qranted for mixed use proiects of 2 acres or oreater throuoh the administrative deviation process per section 2.03.07.1.5. e. Thirty-five (35) percent of the building facade along Bayshore Drive will be clear glass. f. Clear glass windows with a tint of 25% or less, between the height of two (2) and seven (7) feet above sidewalk grade are required on the primary facade of the first floor of any building. g. Attached building awnings may encroach over the setback line by a maximum of five (5) feet. h. Florescent colors shall not be used. * * * * * * * * * * * * * 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict A. Design Standards for the Subdistrict are the same as those set forth for the BMUD Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. B. Special conditions for Marinas....:. 1. Repair and dry storage areas shall not be visible from the street. 2. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and not visible from Bayshore Drive. 3. All boat racks shall be enclosed, with a wall or fence. The fence material 171 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_OB0706 PWMF.doc Text underlined is new text to be added. Text strikethrEl"'!ilh i& s\,/rreRt text te be deleted. Bold text indicates a defined term can be wood, vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. 4. Height of structures may be increased to a maximum actual height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. 5. Outdoor displays of boats for sale on properties fronting Bayshore Drive shall be limited to the following: a. All areas used for boat display activities shall occupy no more than thirty-five (35) percent of the linear frontage of the property. b. All boat sale areas shall not be closer to the frontage line than the primary building they serve. c. All boats located within an outdoor sales area shall not exceed the height of seventeen (17) feet above existing grade. d. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. e. An additional landscape 10 foot buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum fourteen (14)-foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three feet on center at the time of planting. 6. (Reserved) 7. One (1) parking space per five (5) dry boat storage spaces. 8. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments. * * * * * * * * * * * * * 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1) Subdistrict design standards encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. In new development the purpose is to encourage a traditional neighborhood design pattern. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. * * * * * * * * * * * * * 172 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_Oa0706 PWMF.doc Text underlined is new text to be added. Text striketl'lrs\'/!ilh is clHreRt text te Ile dClleted. Bold text indicates a defined term B. Specific Design Requirements 5. Garages and driveways. a. Garage doors shall have a maximum width of sixteen (16) feet. b. The driveway shall have a maximum width of eighteen (18) feet in the right-of-way area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. 173 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_OB0706 PWMF.doc Text underlined is new text to be added. Text strikethrell@1:t i& c\,/rrent text to be E1eleted. Bold text indicates a defined term BMUD Figure 6: Garage Driveway (For illustrative purposes only) 08,. '"' IL. !:3 J Si<j-'k ~ No freestanding carports are permitted. Carports and porte-cochere must be attached to the principal structure and of similar materials and design as the principal structure. Carports shall be no closer than 23 feet from the front yard setback line. d. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. * * * * * * * * * * * * * 6. Accessory Unit An accessory unit is a separate structure located on the property and related to the primary residence (single-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, garage, swimming pool or guesthouse. 174 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_OB0706 PWMF.doc -....--.-..-.-_ -<q'fpqil'f .llllillJ~ Text underlined is new text to be added. Text strikethra\'/!ilh is s\,/rr.eRt text to Ile deleted. Bold text indicates a defined term a. Ownership of an accessory unit shall not be transferred independently of the primary residence. b. Only one (1) accessory unit of each type of use is permitted per principal structure. c. The maximum area of an accessory unit is ew 570 square feet, limited to one (1) habitable floor. d. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. e. The maximum height of a structure containing a guesthouse over a garage is limited to a maximum of twenty (20) feet, measured from the level of the first finished floor of graded lot to the eave, and with a maximum actual building height of twenty-six (26) feet to the top of the roof. f:. A structure containing only a guest unit must meet the NFIP first habitable floor elevation requirement. The maximum actual building height shall not exceed twenty-six (26) feet to the top of the roof. * * * * * * * * * * * * * * * * * * * * * * * * * * 10.03.05 Notice Requirements for Public Hearings By the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board. G. Notice and public hearing requirements where proposed resolution by the board of county commissioners would approve a mixed use project (MUP) located in a mixed use district overlay. In cases in which the applicant requests approval of a mixed use project (MUP) under the provisions of a mixed use district overlay, with or without requested allocation of bonus density units, where applicable, the mixed use project shall be considered for approval pursuant to the following public notice and hearing requirements by the board of county commissioners. 1. The board of county commissioners shall hold one advertised public hearing on the petition to approve a mixed use project for property located in a mixed use district overlay. The public hearing shall be held at least 15 days after the day that an advertisement is published in a newspaper of general paid circulation in the county and of general interest and readership in the community. 2. At least one Neighborhood Informational Meeting (NIM) shall be conducted by the applicant (in conjunction with the overlay area advisory board, where such advisory board exists) at least 15 days before the public hearing by the board of county commissioners. Written notice of 175 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_OB0706 PWMF.doc Text underlined is new text to be added. Text strikethralJ!ilR is GUrrsRt text to Ile E1eleted. Bold text indicates a defined term the meeting shall be sent by applicant to all property owners who are required to receive legal notification from the County pursuant to sections 10.03.05 B.8 and 10.03.05 B.9. A Collier County staff planner, or designee, must also attend the neighborhood informational meeting; however, the applicant is required to make the presentation on the development plan of the subject property. 3. The applicant shall further cause a display advertisement, one-fourth page, in type no smaller than 12 point; which shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The ad shall be published no later than 7 days prior to the date of the neighborhood informational meeting. The ad shall state the purpose, location, and time of meeting, and shall display a legible site location map of the property for which the mixed use project approval is being requested. 4. The applicant shall post the subject property with an outdoor sign at least ten days prior to the date of the public hearing before the BCC. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign: a-PUBLlC HEARING REQUESTING APPROVAL OF A MIXED USE PROJECT TO PERMIT: (Name of Project) (Number of acres) DATE: TIME: ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FL 34112. 5. The area of the sign shall be as provided in section 10.03.05 B.3.d. of this Code. [Existing Sec. 10.03.05 G. through R. are re-/ettered as H. through S.] 176 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _BMUD_Revisions_OB0706 PWMF.doc Text underlined is new text to be added. Text stFiketAFO\'/!ilA is c\,/rr-eRt text to Ile deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Redevelopment Agency (eRA) Advisory Board AUTHOR: David Jackson, Exec. Director DEPARTMENT: eRA Advisory Board AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: ? LDC SECTION(S): 2.03.07,4.02.35,4.02.36, & 10.03.05 CHANGE: Adding administrative deviation language, format revisions, map corrections, minor edits for clarity. REASON: Requested by Bayshore Gateway Triangle Local Advisory Board. FISCAL & OPERATIONAL IMP ACTS: None RELA TED CODES OR REGULATIONS: 4.02.35, 4.02.36 & 9.04.08. GROWTH MANAGEMENT PLAN IMPACT: Subsection 2.03.07 N. implements GMP policies for the Bayshore/Gateway Community Redevelopment Area. OTHER NOTESNERSION DATE: Created on May 18. Revised May19-20. Amend the LDC as follows: 2.03.07 OVERLAY ZONING DISTRICTS N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT. Special conditions for the properties in and adjacent to the Gateway Triangle as referenced on GTMUD Map 1; and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and 177 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _GATEWAY _Revision_052106_Jackson_CAF.doc ~..~~ ....ww". Text underlined is new text to be added. Text strikethn:l\'/!ilh is curr-eRt text lolle deleted. Bold text indicates a defined term development requirements shall be as required in the applicable underlying zoning classification. b. Existing Planned Unit Developments (PUDs) are not includod in subiect to the Gateway Triangle Mixed Use District requirements; however, PUDs applications submitted. and found sufficient. approved after March 3, 2006 are included in the Gateway Triangle Overlay District and must comply with the requirements stated herein. c. Amendments or boundary chanoes to PUDs that existed prior to March 3. 2006 are not subiect to the Gatewav Trianole Overlay District requirements. &:-d. Property owners may follow existing Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop/redevelop under the mixed use provisions of the GTMUD Mixed Use (MXD) Subdistrict of this overlay, through a mixed use project approval from the BCC. However, in either instance. GTMUD site development standards are applicable, as provided for in section 2.03.07 N.5.d. of this Code. 178 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 03 07 _GA TEWA Y _Revision_052106_Jackson_CAF.doc Text underlined is new text to be added. Text strikethre\'/!ilh is clIrr.eRt te~ to Ile deleted. Bold text indicates a defined term GTMUD Map No.1 ~ r--- GTNUD-MXD (<:-I) . UIHIXD . (C-4) , , . II OTIIUD-R (RMI4I) (RSf.4) n NORTH Gateway Trlanale Mixed Use Overlay District GTIIUD-MXD Mbald U.. Subdl8lrlc:t rr GTIIUD-R Ruldentl8l Subcll8lrlct (XXX) Under Lying ZonIng DI.utctll Future LBnd Use ~ Activity Center 16 . _.. CRABoundary __- #, # I'\..J 179 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 03 07 _GA TEWA Y _Revision_052106_Jackson_CAF.doc ~ n GTMUD Map No.1 NORTH Gat_v Triangle Mixed Use OverlavDiatrict GTMUD-MXDMIxed U.. Subdlatrlct GTMUD-R RM~.I Subdl8trlct Future Land Use (XXX) Undar LyIng ZonIng Dl8trlcts ~ .... Activity Center 16 eRA Boundary _ - /- ## ,,-J Text underlined is new text to be added. Text striketl'lrClU!ilh is Gurr-ent text te lle eeletee. Bold text indicates a defined term ,L ,. .. . DAYI8I1OULn . UD-IIXD . (c-4) , , ! . GTMUD-MXD (C-I) -- G11IUD-MXD (e.&) [J 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307 _GATEWAY _Revision_052106_Jackson_CAF.doc 179 3. Mixed Use Project Approval Process. Text underlined is new text to be added. Text strikethrOll!ilA is current text te lle E1eleted. Bold text indicates a defined term * * * * * * * * * * * * d. MUP approval shall expire and any residential density bonus units shall be null and void and return~d to the bonus density pool if any of the following occur: * * * * * * * * * * * * * 62. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide an option to current and future property owners by encouraging a mixture of low intensity commercial and residential uses on those parcels with frontage on US 41, the south side of Davis Boulevard, and west of Airport-Pulling Road. Included also is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East. Developments will be pedestrian-oriented and reflect building patterns of traditional neighborhood design. For mixed use projects only, subject to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. b. Residential Subdistrict (GTMUD-R). The purpose of this Subdistrict is to encourage the development in the Shadowlawn neighborhood a mixture of residential housing types. Refer to Tables 1 and 2 for permitted uses in this Subdistrict. c. Mixed Use Activity Center Subdistrict. Portions of the Gateway Triangle Mixed Use District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in Chapter 4.02.35 of this Code. d. All Subdistricts. Development within all Subdistricts of the GTMUD shall be subject to the site development standards as stated in sections 4.02.35 and 4.02.36, as applicable,.:. The subdistrict site development standards shall also apply to property developed in conformance with the underlying zoning classification. 180 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 0307_GATEWAY_Revision_052106_Jackson_CAF.doc p= permitted GTMUD >- E = permitted with certain :5 exceptions ffi :> 0 Blank cell = prohibited (also see LlJ table of conditional and accessory ~ uses) fil c ~ >< g :E ~ .. LlJ .. u <5 u 'i: 'i: .. .. IJ) CI) C!: IJ) :c 't:l S :c .Q 0 e: .Q :J () :J en en () >-1- CI) (ij en ~~ IJ) +:l ::> c CI) !JJe: "C "C ~CI) CI) 'iij >< ~5 ~ CI) Land Use Type or Category 0:: Business/Office Machines Canoe Rental Canoeing Trails Care Units P Carwashes 7542 Category II Group Care Facilities Child Care - Not for Profit Child Day Care Services 8351 P- Churches & Places of Worship P Civic and Cultural Facilities Collection/Transfer Sites Commercial Printing 2752 Communications 4812-4841 Communications 4812-4899 Communication Towers Construction Construction - Heavy Construction - Special Trade 1711-1793, 1796, Contractors 1799 Construction - Special Trade 1711-1799 Contractors Continuing Care Retirement Communities Text underlined is new text to be added. Text striketRro\'/gf:1 is Gl,Irrent text tel lle E1eleted. Bold text indicates a defined term 181 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 03 07 _GA TEWA Y _Revision_052106_Jackson_CAF.doc 4.02.35 Text underlined is new text to be added. Text strikethroU@R is curreAt text tel Be deleted. Bold text indicates a defined term DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT (MXD) * * * * * * * * * * * * * E. Landscaping and Buffer Requirements. .1.:. Landscaping and buffer requirements shall be pursuant to section 4.06.00 of this Code unless specified otherwise below: 2. Buffers are required between GTMUD-MXD Subdistricts and contiguous GTMUD R Residential Subdistricts, abuttinQ residential property. A minimum buffer 1 a-foot wide landscaped area shall be required. This area shalljnclude: a (6) six-foot high opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall. * * * * * * * * * * * * * 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD--RESIDENTIAL SUBDISTRICT (R) * * * * * * * * * * * * * 5. Garages and Driveways. a. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. b. No freestanding carports are permitted. Carports and porte-cochere (Figure GTMUD 11) must be attached to the principal structure and of similar materials and design as the principal structure. Carports shall be no closer than 23 feet from the front yard setback line. c. The distance from the back of the sidewalk to the garage door (GTMUD Figure 10) must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side- loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 6. An accessory unit is a separate structure located at the rear of the property and related to the primary residence (single-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, garage, swimming pool or guesthouse. Ownership of an accessory unit shall not be transferred independently of the primary residence. a. Only one (1) accessory unit of each type is permitted per principal structure. b. The maximum area of an accessory unit is 5W 570 square feet, limited to one (1) habitable floor. 182 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\21 03 07 _GA TEWA Y _Revision_0521 06_Jackson_CAF.doc Text underlined is new text to be added. Text strikethro\'/@h is Cllrrent tel<< tel lle deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Comprehensive Planning Department AUTHOR: Michele R. Mosca, AICP, Principal Planner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 1,2006 LDC PAGE: LDC 2:46 LDC SECTION(S): 2.03.07 H. CHANGE: Amend the boundaries of the Santa Barbara Commercial Overlay District (SBCO) to extend one block to the east of the existing boundary. REASON: The boundaries of the Santa Barbara Commercial Subdistrict as contained in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan were amended (expanded) in October 2004, by Ordinance No. 2004-71, as recommended by the Golden Gate Area Master Plan Restudy Committee. Accordingly, the SBCO boundary as contained in the LDC, which implements the GGAMP Subdistrict, must be amended to make consistent with the GGAMP. FISCAL & OPERATIONAL IMP ACTS: There are no fiscal or operation impacts as a result of this amendment. RELATED CODES OR REGULATIONS: N/ A GROWTH MANAGEMENT PLAN IMP ACT: There are no Growth Management Plan impacts as a result of this amendment. OTHER NOTESNERSION DATE: June 30, 2006 Amend the LDC as follows: Replace existing LDC map with the attached map. 183 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2.03.07 SBCO District - LDC Map Amendment.doc Text underlined is new text to be added. Text striketAro\'/gl:1 is current text to bo deleted. Bold text indicates a defined term ~PiP7 ..' $Ali'1'^ IMRiMRiI ClJIlIl""1Il'1 AJ, SlJUDJ:''1'RICt mua atmrrr, f_~ I,.i.. 11 L w' lllli ... lit1 If. U41 ult :, """'_ .t, _"'" "'" tt"""'-.. ~rlU;_ _lIOI1ti!lli'of\_'" _r_''''''~li'l>'Oll\<O'l ,lit, _14_ ~'ll' ,,.. ~~";'.I . .w,.... 184 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2.03.07 SBCO District - LDC Map Amendment.doc 115 94 99 95 98 116 117 24TH A.VENUE s.w. 118 96 97 119 1 2 101 1 0 28TH A\I[NUr S.W. LOT 1 Text underlined is new text to be added. Text &triketl'lro\'/gA is curreRt text to DO deleted. Bold text indicates a defined term SANTA BARBARA COMMERCIAL SUBDISTRICT COLLIER COUNTY. FLORIDA ." 8@ l 24\1 ~ .t 1. ~J l' ~ It IT , ~ Z 22NO PLACE s..w. .." ~ ~ ~ ~ 106 [ r l LOT 2 110 112 om 113 ~ SANTA BARBARA r:oMJ/6RJ::1AJ. SU8DJSTIUCT LEGEND 8] SANTA BARBARA COJ/J/ERCIAL SUBD/STRiCT PREPARED 8Y, GRAPHICS AND TECHNICAL SUPPORT SECTION CO~~UNITY DEVELDP~ENT AND ENVlRDNMENTAL SERVlCES QlVlSIDN FILE' GGMP-39-3.DWG DATE: 6/2006 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2.03.07 SBCO District - LDC Map Amendment.doc 185 Text underlined is new text to be added. Text strikethrou@1'l is c\,/rr-ent text to be deleted. Bold text indicates a defined term This page intentionally left blank. 186 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\2.03.07 SBCO District - LDC Map Amendment.doc Text underlined is new text to be added. Text strikettlrougA is CLlrrent tel<< te be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Bruce McNall DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC4: 111 LDC SECTION(S): 4.06.05 General Landscaping Requirements CHANGE: Correct language providing for spacing between trios of sabal palms from 30 inches on center to single palms 10 feet on center around the perimeter of surrounding fences and walls for raw water well facilities. REASON: Scrivener's error and change in landscape requirements for sabal palms. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created on April 25, 2006. Amended on May 23, 2006. Amend the LDC as follows: 4.06.05 General Landscaping Requirements A. Landscaping requirements for residential development. Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling unit, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4.06.05 E. Trees shall meet the requirements of section 4.06.05 C. Existing residential development that does not meet the minimum landscaping requirements of this Code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 1. Residential developments. One canopy tree per 3,000 square feet of pervious open space per lot. Lakes and wet detention areas shall not be counted towards this requirement. The maximum number required: 15 trees per lot. 187 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\4.06.05 10 feet 052306 BM.doc Text underlined is new text to be added. Text &triketArO\'/@h is current text to Ile deletod. Bold text indicates a defined term a. Where a single family development has a street tree program and lots of less than 3,000 square feet of pervious open space, street trees located directly in front of the lot may be substituted to meet these requirements. A Street Tree Plan shall be submitted to the County Manager or his designee for review and approval and Right-of-Way permits, if required shall be obtained from the County Manager or his designee. 2. Multifamily developments. One canopy tree per 2,000 square feet of pervious site area excluding preserves. This is in addition to other requirements. B. Landscaping requirements for industrial and commercial development. 1. Industrial and commercial developments. One canopy tree per 3,000 square feet of pervious site area, or one canopy tree per lot, whichever is greater. 2. Communication towers. An eight-foot high, 100 percent architecturally finished opaque wall must screen the security fencing that surrounds a tower base. In addition, landscaping must be located on the outside of such wall. The hedge requirement must also be planted around any ground level guy anchors. The entire perimeter of this wall shall be landscaped in at least one of the following ways so as to provide the equivalent of minimum code size trees located 25 feet on center and a three-foot high hedge planted three-feet on center. a. If native vegetation is present within the parcel, a minimum 20 foot wide buffer strip must be preserved and used toward meeting the tree and hedge planting requirement. b. If native vegetation is present, but not dense enough to meet the equivalent of the tree and hedge requirements, it must be supplemented with plantings to meet the tree and hedge requirements. c. On sites where no native vegetation is present, a 15 foot wide landscape buffer with minimum code size trees located 25 feet on center and a three foot high hedge planted three feet on center must be planted. At the discretion of the county landscape architect, some or all of these landscape buffering requirements may be displaced to a right-of-way landscape buffer located within the parcel when it better serves the public interest of screening the communication tower. 3. Littoral shelf planting area (LSPA). All developments that create lake areas shall provide a littoral shelf planting area in accordance with section 3.05.10. 4. Building foundation planting areas. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses must provide building foundation planting in the amount of ten percent of proposed building ground level floor area. These planting areas must be located adjacent to the primary public building entrance(s) and/or primary street elevation. Planting areas must consist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide except as required by section 4.06.05 B.5. below. These areas must be landscaped with trees and/or palms in the amount of one tree or one palm equivalent per 250 square feet; and shrubs and ground covers other than grass. Building foundation plantings are exempt from the native requirements. Water management areas must not be a part of this planting area. Parking lot 188 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\4.06.05 10 feet 052306 BM.doc Text underlined is new text to be added. Text &trikethr-e\'/!ilh i& sl:lrrent text te Ile deleted. Bold text indicates a defined term islands will not count towards this requirement. 5. Building foundation planting requirements for buildings 35 feet or more in height; and/or section 5.05.08 buildings with a footprint greater than 20,000 square feet and/or parking garage structures. a. The minimum width of building foundation planting areas must be measured from the base of the building and must relate to the adjacent building's wall height as herein defined as follows: TABLE INSET: b. Sites located adjacent to a permanent water body such as a canal, lake, bay or gulf may incorporate the required landscape buffer width into the building perimeter landscape buffer width. c. Trees required by this section must be of an installed size relating to the adjacent building's wall height, as defined below: TABLE INSET: 6. Raw water well landscaping requirements. Screening and buffering requirements are to be limited to the area surrounding the raw water well installation, including appurtenances such as security fencing, wall or well house. Canopy trees as described in S~ection 4.06.05 B.1., will not be required. \^!here equipment such as generators and antennas are visible above the surrounding fences or 'Nalls, Proiections visible above the fence or wall shall be screened from view bv trios of sabal palms with a minimum clear trunk height of 8-12 feet", ffH:I6t Each palm shall be planted JQ!.! 10 feet on center around the perimeter of the fence or wall. Surrounding fences or walls must have, at a minimum, ten (10) gallon shrubs, five (5) feet tall at the time of planting, placed four (4) feet on center along the exterior perimeter of the surrounding fence or wall. Stand alone well houses without perimeter fences or walls must have, at a minimum, two (2) rows of three (3) gallon shrubs, two (2) feet tall at the time of planting, placed three (3) feet on center and offset between rows. In all cases, mature vegetation must provide and eighty (80) percent sight-obscuring screen equal to seventy- five (75) percent of the height of the fenciA9g or wall, as applicable. * * * * * * * * * * * * 189 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\4.06.05 10 feet 052306 BM.doc Text underlined is new text to be added. Text strikethrou@t-l is current text te Ile deleted. Bold text indicates a defined term This page intentionally left blank. 190 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\4.06.05 10 feet 052306 BM.doc Text underlined is new text to be added. Text slrikeUlrQ\'/gR is curreRt text te Ile E1eleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner Landscape Amendment Review Committee DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2006- Cycle 1 LDC PAGE: 4:99 LDC/UDC SECTION: LDC section 4.06.02.D.5. CHANGE: To clarify requirements for natural and manmade bodies of water for all developments by relocating this item to the general landscape requirements section. REASON: These requirements were placed in the landscape buffer section when the LDC was recodified in ordinance 04-55 adopted July 27, 2004. The requirements were previously within the general landscape section of the LDC. This has caused confusion with regard to applicability. This amendment places the requirement again in the general landscape requirement section. FISCAL & OPERA TIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Created on 3/24/2006 Amend the LDC as follows: 4.06.05 General Landscaping Requirements N. Water manaoement areas. 1. Natural and man made bodies of water includino retention areas for all developments subiect to section 5.05.08 and 3.05.10. a. ConfiQuration of water manaoement areas. The shape of a man made body of water. includino retention and detention areas, must be desioned to appear natural with curvilinear edoes. See "Body of Water Shapes" fioure below. An alternative desion may be approved as a part of the desion of the buildina. if the desion 191 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\4 06 05 N Water Management Lakes 032406 MS.doc Text underlined is new text to be added. Text striketAre\'/!il1:1 is cl,lrrent text tel lle deleted. Bold text indicates a defined term of the water manaoement area is related to the architectural desion of the building. GRAPHIC HERE: b. Water manaoement areas within the front yards. Narrow and steep water manaoement areas are prohibited within the front yards that lie between the primary facades of a building and a public and private street. These narrow and steep water manaoement areas are defined as 12 feet or less in width with maximum slope of 4 to 1. c. Required amenities. The followino standards apply to detention and retention areas exceedino twelve feet in width. All bodies of water, includino retention areas exceedino 20,000 square feet. and which abut a public right-of-way, must incorporate into overall desion of the proiect at least two of the followino items: i. A walkway 5 feet wide and a minimum of 200 feet lono, with trees of an averaoe of 50 feet on center and with shaded benches, a minimum of 6 feet in lenoth or picnic tables with one located every 1 50 feet. ii. Fountains. iii. Partially shaded plaza/courtyard, a minimum of 200 square feet in area, with benches and/or picnic tables abutting the water-body. or retention areas. 192 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\4 06 05 N Water Management Lakes 032406 MS.doc Text underlined is new text to be added. Text 6trikethrQW@R is owrreAt text to lle deleted. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEP ARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 1, 2006 LDC PAGE: LDC4:126, LDC 5:103, LDC 5:105, LDC 5:107, LDC 5:108, LDC 5:110 LDC SECTION: 4.07.04.B.7, 5.06.02.A.1.c, 5.06.02.B.l, 5.06.04.C.1.f, 5.06.04.C.4.c, 5.06.06.LL,10.02.03.B.1.b.ii.f.iv CHANGE: Removing the use of a unified sign plan and replacing it with the requirement for an owner's letter of authorization. REASON: To simplify the review and permitting process for the applicant. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: See above. GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: Created on 3/16/06. Amend the LDC as follows: 4.07.04 Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component A. Applicability. 1. When a mixed use PUD containing a commercial tract or increment is located outside of an activity center, and is intended as a neighborhood village center offering personal services, offices and convenience goods for residents of the PUD, as provided for in the PUD Neighborhood village center subdistrict of the Future Land Use Element of the GMP, the following list of uses, regulations, development standards, and design guidelines shall apply. 2. In addition to the above commercial uses, the neighborhood village center may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community center or day care center. 193 I:\LDC Web Site\amendments\5.06.02 delete unified plan 031606 DC.doc Text underlined is new text to be added. Text striketAF9I,l!ilh is G\,/rr.ent text to Ile deleted. Bold text indicates a defined term B. Design Standards. 1. The gross acreage of the neighborhood village center shall be sized in proportion to the number of housing units authorized in the PUD as follows. The maximum size shall be fifteen (15) contiguous acres. ********************************************************************* 7. Signs. A unified sign plan shall be submitted and made a part of the approval for the neighborhood '.-iIIage center site development plan. The approved unified sign plan 'Nil! establish signage specifications and will therefore become the sign regulations that 'Nill apply to the neighborhood village cent-er . The unified sign plan shall 3dhere to section 5.06.00 of this LDC, except that pole signs afe prohibited. The neiohborhood villaae center shall adhere to section 5.06.00 of this LDC, except that pole sians are prohibited. Signs shall be designed so that their size and location are pedestrian-oriented. ******************************************************************** 5.06.02 Permitted Signs A. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 1. Development standards. a. Maximum allowable height. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, or as provided within this Code. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All signs within residential zoned districts and as applicable to residentially designated portions of PUD zoned properties shall not be located closer than ten feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. as determined by the county for safety and operation. c. If the applicant is not the property owner, then a COpy of a notarized written authorization letter between the property owner or property manaoer of the property and the applicant is required, specifically authorizino approval of the erection of a sian on the subiect parcel. 194 I:\LDC Web Site\amendments\5.06.02 delete unified plan 031606 DC.doc Text underlined is new text to be added. TeKt strikethr-ou@1:1 is c\,/rreAt text to lle deleted. Bold text indicates a defined term B. Signs within non-residential districts: 1. Dosign 0(;(or:3 and unifiod sign plan. Where multiple on premise signs are proposed for a single site or project, or in the case of a shopping center or multi use building, a unified sign plan shall be employed. An application for site development or site impro'.'ement plan approval shall be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site. The unified sign plan must be applied for by the property ovmer, or his or her authorized agent. The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements 'Nhich shall be addressed in both gr::1phic and narrative form include: a. Colors; b. Construction materials and method; c. Architectur::11 design; d. Illumination method; e. Copy style; f. Sign type(s) and location(s); and, conformance with the following: i. The sign shall not be in the shape of a logo and the logo shall not protrude from the sign. ii. The use of fluorescent colors is prohibited. 1. If the applicant is not the property owner of the property. then a COpy of a notarized written authorization letter between the property owner or property manaoer of the property and the applicant is required. specifically authorizino approval of the erection of a sian on the subiect parcel. ********************************************************************* 5.06.04 Sign Standards for Specific Situations ******************************************************************* C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 195 I:\LDC Web Site\amendments\5.06.02 delete unified plan 031606 DC.doc Text underlined is new text to be added. Text strikethrough is cl.Jrr.SRt text to lle aeleted. Bold text indicates a defined term 1,OOO-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LOC. f:. The oround or pole sian shall not be in the shape of a 1000 and the 10QO shall not protrude from the sion. ************************************************************************ 4. Wall, mansard, canopy or awning signs._ One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers , multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way , shall be allowed two signs , but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a 196 I:\LDC Web Site\amendments\5.06.02 delete unified plan 031606 DC.doc Text underlined is new text to be added. Text striketl:1ro\'/@11 is SllrreRt text to lle delated. Bold text indicates a defined term front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or the building; and c. All wall signs for multi-use buildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. B. Abandoned signs. C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5.06.04 C.12.b. F. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use , PUD ordinance, or as otherwise provided for within the land development code, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. ******************************************************************** II. Bench signs. JJ. Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. 197 I:\LDC Web Site\amendments\5.06.02 delete unified plan 031606 DC.doc Text underlined is new text to be added. Text strikethr.o\'/!il1:t is curr9nttext tEl be deleted. Bold text indicates a defined term KK. All signs expressly prohibited by this section and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the County Manager or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. LL. The use of fluorescent colors is prohibited. 10.02.03 Submittal Requirements for Site Development Plans **************************************************************** B. Final Site development plan procedure and requirements A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: a. Ownership: A copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The applicant shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the owner(s). b. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. ***************************************************************** ii. The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose. (a) A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. (b) A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the land 198 I:\LDC Web Site\amendments\5.06.02 delete unified plan 031606 DC.doc Text underlined is new text to be added. Text strikethro\l!ilA is curr-ent text to lle deleted. Bold text indicates a defined term development code and where applicable the PUD ordinance: ************************************************************************ (f) For projects subject to the provIsions of Section 5.05.08, architectural drawings, signed and sealed by a licensed architect, registered in the state of Florida. (i) Scaled elevation for all sides of the building; (ii) Scaled wall section from top of roof to grade depicting typical elevation with details and materials noted, and rendered to show materials and color scheme with paint chips and roof color samples; (iii) Site sections showing the relationship to adjacent structures; and (iv) A unified sign plan as required Section 5.05.08. Representations made on the site development plan shall become conditions of approval. building plans and architectural dra'Nings submitted in conjunction 'Nith an application for any building permits shall be consistent with the building plans and architectural drawings submitted and approved for the SDP or SIP. 199 I:\LDC Web Site\amendments\5.06.02 delete unified plan 031606 DC.doc Text underlined is new text to be added. Text strikethroll@h is current text te Ile deletod. Bold text indicates a defined term This page left intentionally blank. 200 I:\LDC Web Site\amendments\5.06.02 delete unified plan 031606 DC.doc Text underlined is new text to be added. Tel<< strikethro~gA is SloIrFORt text to lle deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 1 , 2006 LDC PAGE: LDC5:105, LDC5:106 LDC SECTION: Sec. 5.06.02.A.6.d, 5.06.03.A.3 CHANGE: Change from 8 inch address numbers in residential zoned districts to 6 inch address numbers. REASON: 8 inch numbers are overshadowing smaller signs FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 5.06.03.A.3 GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: created on 3/20/06/dc Amend the LDC as follows: 5.06.02 A. Permitted Signs Signs within residential zoned districts and designated portions of PUD zoned properties. as applicable to residential ********************************************************************* 6. On-premises signs within residential districts. Two ground signs with a maximum height of eight feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: a. Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a ten-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be 201 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.06.02 address change 032006 dC.doc Text underlined is new text to be added. Text strikethFCilu@h is clJrrent text to lle deleted. Bold text indicates a defined term considered off-premise signs. Bridge signs complying with the requirements of section 5.06.02 may be substituted for ground or wall signs in residential districts. b. The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. c. Logos without any verbal content and similar architectural features less than ten square feet in area not containing any letters or numbers shall not be considered signs and shall be allowed throughout the development. However, should such architectural embellishments be located closer than ten feet to any sign, then it should be considered an integral part of the sign and shall be subject to the restrictions of this section. d. Official address number and or ranoe of official address numbers shall be displaved in numerals at least 6 inches high on upper 50 percent of sian face(s) and located so as to not be covered bv landscapino or other impediments. Where address numbers are determined to be in conflict with the addressino orid the County Manaoer or his desionee may determine that this provision does not apply 5.06.03 Development Standards for Signs A. Development standards. 1. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type sign, and such sign structure shall be considered as one sign. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non- revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third portion of the sign face or in the area defined in this section of the Land Development Code for Commercial and residential signage that utilizes the following sign types: pole sign, ground sign, and directory signs. Address numbers on signs shall be a minimum height of eight (8) inches. Where address numbers are determined to be in conflict with the addressino orid the County Manaoer or his desionee may determine that this provision does not apply. 202 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.06.02 address change 032006 dC.doc Text underlined is new text to be added. Tel<< strikethrough is current text to lle deleted. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 1, 2006 LDC PAGE: 5:110,5:111 LDC SECTION: 5.06.04.C.4.d, 5.06.04.C.4.e LDC SUPPLEMENT #: CHANGE: Take operational prOVISIOn out of definition and relocate text from definitions to wall signs section. In addition, amendment adds requirements for signs displayed upon multi-story buildings. REASON: To address wall signs on multi-story buildings. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created 3/24/06, rev. 4/14/06, rev. 5/10/06 Amend the LDC as follows: 5.06.04 Sign Standards for Specific Situations * * * * * * * * * * * * C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non- residentially zoned districts subject to the restrictions below: * * * * * * * * * * * * 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single- occupancy parcel, or for each establishment in a multiple- occupancy parcel. End units within shopping centers, multiple- occupancy parcels, or single occupancy parcels where there is 203 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.06.04 multi-story wall signs 051006 DC.doc Text underlined is new text to be added. Tel(! striketl:1ro\'/@h is curr.eRt text tel Ile deleted. Bold text indicates a defined term double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of 10 percent clear area on each outer edge of the unit(s) or the building.:.~ i. The County Manoer or desiqnee may administrativelv vary the dimension requirements of clear area, in cases where architectural desion of facades restricts clear area. c. All wall signs for multi-use buildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's larger primary facade dimensions. All signs sh311 adhere to the dimensions provided for in the unified sign plan d. No wall or mansard sian shall proiect more than 18 inches from the buildino or roofline to which it is attached. e. Multi-story buildinas with three or more stories are limited to 1 wall sian per street frontaoe not to exceed a maximum of 2 wall signs per building. but such signs shall not be placed on the same wall. i. Wall sians may be located in the uppermost portion of the buildina not to exceed the main roof 204 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.06.04 multi-story wall signs 051006 DC.doc Text underlined is new text to be added. Text striketl:1r-ou!ilh is s\,/rrent text te Ile deleted. Bold text indicates a defined term or parapet. A notarized authorization letter is reQuired at the time of the buildino permit submittal. from the property owner or Property Manaoement Company oivino authorization as to which tenant sian will be allowed. ii. First floor commercial units shall be limited to one wall sian not to exceed 20 percent of the total SQuare footaoe of the visual facade of the unit to which the sian will be attached and shall not in any case exceed 64 SQuare feet. iii. No wall sian shall exceed 80 percent of the width of the unit(s) occupied by a business with a minimum of 10 percent clear area on each outer edoe of the unit(s). 205 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.06.04 multi-story wall signs 051006 DC.doc Text underlined is new text to be added. Text striketAFou@h is current text te Ile deletod. Bold text indicates a defined term This page intentionally left blank. 206 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.06.04 multi-story wall signs 051006 DC.doc Text underlined is new text to be added. Text striketl:1ro\'/gl:1 is c\,/rroRt text to Ile deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 1, 2006 LDC PAGE: LDC SECTION: 5.06.04.C.18 CHANGE: To exempt signs on public use facilities and uses from Section 5.06.04. REASON: Signs for public use facilities are informational in nature and not commercial advertisement. FISCAL & OPERATIONAL IMP ACTS: none RELATED CODES OR REGULATIONS: none GROWTH MANAGEMENT PLAN IMPACT: none OTHER NOTESNERSION DATE: Created 5/16/06, rev 5/23/06, rev. June 19,2006. Amend the LDC as follows: 5.06.04. Sign Standards for Specific Situations ************************************************************************ C. On Premise Signs ****************************************************************** 18. Siqnaqe for public use facilities. These requirements apply to sians for public use facilities. as identified below. where sians are informational and contain no commercial advertisements. SionaQe for these facilities is exempt from the requirements provided in section 5.06.02 A.7.. Conditional uses within residential and aoricultural districts. In addition, the number of sians. location and distance restrictions per subsection 5.06.04 C. shall not apply to public use facility sionaoe. Applications for such sian permits shall be applied for accordino to the requirements of subsection 10.02.06 B.2 , Buildino permit applications for sians. Public use facilities include: 207 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.06.04 public facilities signage 052206 DC.doc Text underlined is new text to be added. Text striketl=lre\'/!ilh is current text to lle deleted. Bold text indicates a defined term !.:. Government buildinos and uses: b. Parks & recreation facilities includino Collier County parks, recreation facilities such as boat ramps, launches and beach access. i. Neiohborhood parks: 1 around sian not to exceed 32 square feet of sion area and a maximum heioht of 8 ft per entrance on a public roadway. C. Schools d. Hospitals e. Law enforcement t Fire 9.:. Emeroency Medical Services h. Any other public facility or use as approved by the County Manaoer or desionee. h ****************************************************** 208 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.06.04 public facilities signage 052206 DC.doc Text underlined is new text to be added. Text striketl:1rou!ilA i& G\,/rrent text tel Ile deletec:l. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 1, 2006 LDC PAGE: LDC5:111 LDC SECTION: 5.06.04.C.4 CHANGE: Adding point of location for height measurement REASON: Clarification FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created 3/24/06 Amend the LDC as follows: 5.06.04 Sign Standards for Specific Situations ********************************************************* C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: ************************************************************** 5. Menu boards: One menu board with a maximum height of 6 ft. measured from drive thru orade adiacent to menu board and 64 square feet of copy area per drive thru lane. 209 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\5 06 04 C 5 menu signs OB0706 DC final. doc Text underlined is new text to be added. Text strikatl:1ro\'/!ilA is s~rreRt text tel Ile deleted. Bold text indicates a defined term This page intentionally left blank. 210 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\5 06 04 C 5 menu signs OB0706 DC final.doc Text underlined is new text to be added. Text striketl:1r(l\'/gh is Q\,/rrent text tel Ile deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 1,2006 LDC PAGE: LDC5:111 LDC SECTION: 5.06.04.C.8.a CHANGE: Delete reference to section of code that changed in re-codification. REASON: Wrong section cited. FISCAL & OPERATIONAL IMPACTS: none RELATED CODES OR REGULATIONS: none GROWTH MANAGEMENT PLAN IMPACT: none OTHER NOTESNERSION DATE: created 3120/06 Amend the LDC as follows: 5.06.04 Sign Standards for Specific Situations C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: **************************************************************** 8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed per LDC. in this section 5.06.03 of the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. 211 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\5.06.04 C.8 auto wall signs 032006 DC.doc Text underlined is new text to be added. Text Etrikethr-e\'/@R is s~meRtlext tel Ile deleteEl. Bold text indicates a defined term c. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. d. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. e. Signage, logos, advertising and information are prohibited above gas pumps. f. Wall signs: As allowed in section 5.06.04 CA of this Code. g. Signs: As allowed in this section of the Code. 212 1:\LDC_Amendments\LDC Cycle 1 - 2006\Clarifications\5.06.04 C.B auto wall signs 032006 DC.doc Text underlined is new text to be added. Text strikethrElu@'" is s\,/rreRt tel<< tel Ile deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Joyce Ernst, Senior Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC9:13 LDC SECTION(S): LDC section 9.04.04.D CHANGE: Text modified to clarify that allowable encroachments apply to both principal and accessory structures. Also adds language omitted during the re-codification which allows an administrative process for minor improvements to legally nonconforming residential structures. REASON: The LDC allows an administrative process for minor improvements to legal nonconforming structures located within a residential zoning district. FISCAL & OPERATIONAL IMP ACTS: Inserting this language back into the code will assist the public when researching the code and staff when referencing a section of the code when processing administrative variances for such additions. RELATED CODES OR REGULATIONS: Section 9.04.04 provides for administrative approval for other after-the-fact yard encroachments. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: March 3, 2006. Amend the LDC as follows: Section 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment Minor after-the-fact yard encroachments for structures, includino DrinciDal and accessory structures. may be approved administratively by the County Manager or designee. Exceptions to required yards as provided for within section 4.02.01.D shall not be used in the calculations of existino yard encroachments. For the purposes of this subsection, minor yard encroachments sh::111 be divided into three (3) classifications: A. Structures for 'Nhich::1 building permit has been issued and is under review, but for 'J.'hich a certificate of occupancy has not been granted. The County Manager or designee may administratively approve minor after the fact yard encroachments of up to five (5) percent of the required yard , not to exceed a maximum of six (6) inches. For single bmily , mobile/modubr homes, duplex , and tV'IO family dwelling units only, in the presence of mitigating 213 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\9.04.04 after-the-fact OBOB06 BS, JE & RG.doc Text underlined is new text to be added. Text strikethro\'/@h is GUrreRt text to Ile deleted. Bold text indicates a defined term circumst:mces, where the encroachment does not result from error or action on the part of the applicant ,the County Manager or designee may administratively approve encroachments of up to twenty five (25) percent of the required yard. B. Structures for which a building permit and certificate of occup:mcy or a final development order has been granted. The County Manager or designee may administratively approve minor after the fact yard encroachments of up to ten (10) percent of the required yard which requirement 'Nas in eff-ect as of the date on which the certificate of occupancy or final development order was issued, not to exceed a maximum of two (2) f-eet. For single family, mobile/modular home, duplex , and t'l.'O family dwelling units only, the County Man3ger or designee may administratively approve minor after the fact yard encroachments of up to twenty five (25) percent of the required yard which requirement was in eff-ect as of the date on which the certificate of occupancy or final development order was issued. C. Single family, duplex , 3nd two family dwelling units only for which no building permit record can be produced. Provided that all of the following criteria are met, the County M3nager or designee m3Y administratively approve minor after the fact encro3chments of up to h~'enty five (25) percent of the required yard ,provided that: A. For both residential and non-residential structures the County Manaoer or desionee may administratively approve minor after-the-fact yard encroachments of UP to five (5) percent of the required yard, not to exceed a maximum of six (6) inches when: 1. A buildino permit has been issued and is under review, but for which a certificate of occupancy has not been oranted. 2. A buildino permit and certificate of occupancy or a final development order has been oranted. B. For property supportino a sinole-family home. two-family home, duplex, mobile home or modular home, the County Manaoer or desionee may administrative approve encroachments of up to twenty-five (25) percent of the required yard in effect as of the date of the final development order. 1. In the presence of mitioatino circumstances. where the encroachment does not result from error or action on the part of the property owner. 2. Structures for which a final development order has been issued. 3. When no buildino permit record can be produced the followino criteria must be met; a. An after-the-fact buildino permit for the structure, or portion of the structure. is issued prior to the application for the administrative variance. The administrative variance will only be approved once all inspections have been completed, and the 214 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\9.04.04 afler-the-fact OBOB06 BS, JE & RG.doc Text underlined is new text to be added. Text striketArO\,/@t-l is s\,/rreRt text ta be deleted. Bold text indicates a defined term certificate of OCCupanCY will be issued onlv in cases where an administrative variance has been approved. b. The encroachinc structure, or portion of the structure. was constructed prior to the purchase of the subiect property bv the current owner. c. Evidence is presented showino that the encroachino structure. or portion of the structure. was constructed at least two (2) years prior to the date of application for the administrative variance. This evidence may be in the form of a survey. property card, or dated aerial photooraph clearlv showino the encroachment. d. The encroachino structure is either an addition of livinc area to a principal structure, or an accessory structure of at least 200 square feet in area. e. The encroachment presents no safety hazard and has no adverse affect on the public welfare. 4. Where a structure was lawfullv permitted within a residential zonino district under a previous code. and where said structure is considered nonconformina under the current Land Development Code, due to chances in the required yards, the County Manaoer or desionee may administrativelv approve a variance for an amount equal to or less than the existinc yard encroachment. C. Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between structures to less than ten (10) feet. D. Administrative variances approved pursuant to the above do not run with the land in perpetuity and remain subiect to the provisions of this section reoardino nonconformina structures. 215 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\9.04.04 after-the-fact OB0806 BS, JE & RG.doc Text underlined is new text to be added. Text striketArO\'/!ilh is surr~Rt text to lle deleted. Bold text indicates a defined term This page intentionally left blank. 216 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\9.04.04 after-the-fact 080B06 BS, JE & RG.doc LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Ed Morad 1 Sharon Dantini DEPARTMENT: Code Enforcement AMENDMENT CYCLE: Cycle 1,2006 LDC PAGE: LDC 1:15 LDC SECTION(S): Section 1.08.02 Definitions CHANGE: Include Definitions REASON: Definitions were not included in conversion to 04-41. Enforcement issues were identified by Code Enforcement Staff, specifically lettering on vehicles and clarifying types of commercial equipment due to this omission. FISCAL & OPERATIONAL IMP ACTS: Minimal RELATED CODES OR REGULATIONS: Chapter 2 Zoning Districts and Uses 2.01.00(C) GROWTH MANAGEMENT PLAN IMP ACT: Minimal OTHER NOTESNERSION DATE: This version created on March 3, 2006 Amend the LDC as follows: 1.08.02 Definitions Commercial equipment: Anv equipment commonlv used in a commercial business. reoardless if the equipment is actuallv owned or utilized bv a business. Commercial equipment shall include the followino: earth-movino equipment. landscapino equipment. lawn mowers (push-tvpe or tractor). tillers. ladders. pipes. spools of electric-tvpe wirino or cable. portable pumps. portable oenerators. pool cleanino equipment and supplies. any trailer not recreational in nature (flat- bed. stake-bed. or fullv enclosed). in addition to any other equipment of similar desion or function. Commercial vehicles: Anv vehicle used in coniunction with a commercial or business activity. or possessino the followino characteristics. Anv motor vehicle not recreational in nature havino a rated load capacity of oreater than 1 ton. exceedino 7% feet in heioht. 7 feet in width. and/or 25 feet in lenoth. The displav of letterino or a similar sion upon a vehicle shall not in and of itself make a vehicle commercial. 217 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1.0B.02 Commercial Vehicles 041906 SD.doc LDC Amendment Request ORIGIN: CDES AUTHOR: staff DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDCl:17 LDC SECTION(S): 1.08.02 Definitions CHANGE: Add boathouses to the definition of dock facilities. REASON: Omission from re-codification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 5.03.06 Dock Facilities GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created on September 27,2006. Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * * * * Dock facility: Includes walkways, piers, boathouses and pilings associated with the dock. * * * * * * * * * * * * * 218 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\1.0B.02 dock facilities (092706) CAF.doc LDC Amendment Request ORIGIN: Zoning Department AUTHOR: Catherine Fabacher DEPARTMENT: Zoning Department AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: LDC1:22 LDC SECTION(S): Definitions, Section 1.08.02 CHANGE: Add definition for lot width. REASON: There are dimensional requirements for lot width but no definition of a lot width. There was a definition for lot width in Ord. 91-102, but when that ordinance was repealed and the LDC was recodified, the definition was removed. This definition requires that the lot width requirement be met from the front building setback line (as determined by the zoning district) for 80 percent of the depth of the lot to ensure that adequate lot depth is achieved commensurate with the required side yard setback requirements. FISCAL & OPERATIONAL IMPACTS: The County will not Incur any fiscal impacts. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created May 2,2006. Amend the LDC as follows: 1.08.02 Definitions Lot measurement, width: Width of a lot shall be considered to be the averaoe distance between straioht lines connectina front and rear lot lines at each side of the lot. measured as straioht lines between the foremost points of the side lot linesL iF! frsF!t where they intersect with the street line} and the f98rms8t points of the side lot lines where thev intersect iA the rear orooert~ line. (see Fiaure 9). ~r8vi€l8€1 R8\\'8\'8r. tRet Ihe width between the side lot lines at their foremost oints in front shall not be less than 80 percent of the required lot width. except in the case of lots on the turnino circle of a cul-de-sac when the 80 percent requirement shall not apply. The minimum lot width on a cul-de-sac shall be fioured by drawino a straioht line at the chord, then drawino a straioht line parallel to it at the required setback line for that particular zonino district. That new established line shall meet the minimum lot width of that district. (see Fiaure 10). 219 1:\LDC_Amendments\LDC Cycle 1 - 2006\Omissions\1.0B.02 lot width cycle OBOB06 BS revisions.doc Ci I j I I I I I 1 1 a.L- -- -- -- -ld I I I / / / / / I -street - ~b ab + cd = width 2: req. uired width 2 - ab ~ 800/0 .requi.red width M.easurement of Lot Width Fiaure 1.08.02 9 1:\LDC_Amendments\LDC Cycle 1 - 2006\Omissions\1.0B.02 lot width cycle OB0806 BS revisions.doc 220 t- -- -- ---- 7 \ / \ I \ / \ I \ / \ / e \----------------/ f ~-~-- ----1 \---c-----=~l street ef = required width Measurement of cui de sac lot width Fiaure 1.08.02 10 221 1:\LDC_Amendments\LDC Cycle 1 - 2006\Omissions\1.08.02 lot width cycle 080806 BS revisions.doc This page intentionally left blank. 222 1:\LDC_Amendments\LDC Cycle 1 - 2006\Omissions\1.08.02 lot width cycle 080806 BS revisions.doc Text underlined is new text to be added. Toxt strikothrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Joyce Ernst, Senior Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE: Cycle 1, 2006 LDC PAGE: 5:12 LDC SECTION(S): LDC section 5.03.06.G CHANGE: To add language omitted during the re-codification process. REASON: The language provides a necessary tool in evaluating criteria submitted for a boat dock extension, which will assist staff and the Planning Commissioners in determining approval or denial of boat dock petitions. FISCAL & OPERATIONAL IMPACTS: Reinserting this language back into the code will assist the Planning Commissioners, staff and the general public with the Section of the code that addresses how the primary and secondary criteria, as stated in the LDC, is evaluated when either recommending approval or denial of a boat dock extension. RELATED CODES OR REGULATIONS: Section 5.03.06 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: February 17, 2006 Amend the LDC as follows: Section 5.03.06 Dock Facilities * * * * * * * * * * * * * G. Dock facility extension. Addition protrusion of a dock facility into any waterway beyond the limits established in subsection 5.03.06(E) of this Code may be considered appropriate under certain circumstances. In order for the Planninq Commission to approve the boat dock extension request. it must be determined that at least four of the five primary criteria. and at least four of the six secondary criteria, have been met. These criteria are as follows: 223 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.03.06 G dock extension 031706 JE.doc Text underlined is new text to be added. Taxt strikethrough is current text to bo delated. Bold text indicates a defined term 1. Primary Criteria: a. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two (2) slips; typical multi-family use should be one (1) slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate ). b. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type. and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (ML T). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension). c. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel). d. Whether the proposed dock facility protrudes no more than twenty-five (25) percent of the width of the waterway. and whether a minimum of fifty (50) percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). e. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks). 2. Secondary criteria: a. Whether there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one (1) special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds). b. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading and/or unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area). c. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner exceeds fifty (50) percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained). d. Whether the proposed facility would have a major impact on the 224 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.03.06 G dock extension 031706 JE.doc Text underiined is new text to be added. Text strikothrough is ourrant text to be deleted. Bold text indicates a defined term waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of a neighboring property owner). e. Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated). f. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). 3. If deemed necessary based upon review of the above criteria, the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include. but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four (4) inches. 225 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.03.06 G dock extension 031706 JE.doc Text underlined is new text to be added. Text strikethrough is ourrent text to bo deletod. Bold text indicates a defined term This page intentionally left blank. 226 1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\5.03.06 G dock extension 031706 JE.doc