Agenda 12/07 & 12/14/2006 LDC
eo1N-er County
- '-~ ~
Board of County Commissioners
Land
Development Code
Amendments
2006 Cycle 1
Final Public Hearing
December 7, 2006
December 14, 2006
MEMORANDUM
Community Development & Environmental Services Division
Department of Zoning and Land Development Review
To: Members of the Collier County Board of County Commissioners
From: Catherine Fabacher, LDC Coordinator
Date: December 1, 2006
Subject: LDC Amendment Packet for Final Hearing of 2006 Cycle I
LDC Amendments on Thursday, December 7,2006 at 5:05 p.m.
Attached please find copies of the 2006-Cycle 1 LDC amendments for which the Board has directed
staffto proceed as written or to revise per Board direction. Withdrawn amendments have been
removed from the packet.
Every attempt has been made to keep the page numbering consistent with earlier versions of the
amendments that have been presented to the Board, to allow ease in comparison.
The meetings scheduled for December 7th and December 14th are for the second and final public
hearing of the amendments. The amendments are presented for your consideration in the same order
as they appeared in the meetings which constituted the first public hearing. If it meets with your
approval, we would like to hear the amendments in this order, and as follows.
The tab introduces the Essential Services, Boat Lift Canopy and MUP Administrative
Deviation amendments. Board directed revisions appear in red text.
The tab contains those amendments that were first heard at the September 20
meeting and Board directed revisions appear in red text.
The DEVELOPMENT STANDARDS tab contains general land development regulations, such as
landscaping, signage, PUD procedures, stop work orders and the like that were first heard on
September 20, October 25 and 30.
The tab contains the remaining amendments requested by Environmental staff
(stormwater and most contiguous shape amendments have been withdrawn). The environmental
amendments were first heard on October 30.
The. tab contains minor revisions to LDC text to clarifY meanings or intent in
existing language that do not constitute significant changes, that were first heard on October 30.
The tab contains text that was omitted during re-codification and is being returned
from the old code with no changes. These amendments were first heard on October 30.
Following usual practice, we will hear out of order any amendments that have members of the
public registered to speak.
Please call me at 403-2322, if you have any questions or need further information.
Sincerely,
Catherine Fabacher
LDC Coordinator
cc: Jim Mudd, County Manager
Joe Schmitt, CDES Administrator
Susan Murray Istenes, Zoning Director
David Weigel, County Attorney
JeffKlatzkow, Assistant County Attorney
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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 public law enforcement, fire, and emergency medical service facilities as a
permitted use in residential and estate zoning districts, excluding PUDs unless "expressly set forth as a
permitted use in the PUD document." Also allows such facilities as a permitted use in 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). The permitted use;
however, is conditioned by specific requirements set forth herein, and if a facility cannot meet
these conditions, then it remains a conditional use in the aforementioned zoning districts.
REASON: To ease the difficulty with which law enforcement, fire, and emergency medical service
facilities 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-
LOR. Revised July 10, 2006. Schiffer/Rautio/Donaldson 9-15-2006 Revisions.
"Staff'/Schiffer/Rautio/Donaldson 9.:.18-06 Revisions. Revised by Zoning & Land Development
Review staff on September 21, 2006. Revised September 29,2006; Donaldson October 1,2006;
Revised by Zoning & Land Development Review staff on October 1, 2006; Donaldson October 4,
2006 revisions. Fabacher October 17 rewrite per CCPC direction. Donaldson & Fabacher
October 18 revisions.
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:
1
1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\EMS LOC 11-18-06 CAF Revision (final BCC).doc
A. The following uses shall be deemed permitted uses il1~1I zoning districts, except
CON districts, RFMU sending lands, NRPAII, HSAlt, 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;
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
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.
8, Permitted essential services W in CON districts, RFMU sending lands,
NRPAII, H sAIl , AND FSAII,
1. Within CON districts, Sending Lands in the RFMU district, NRPAs, 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 subsection 1.08,08 C 4,08,05 H., 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
2
1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\EMS LDC 11-18-06 CAF Revision (final BCC).doc
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 law enforcement. fire, and emeraency medical services
facilities shall be a permitted use in CON districts. sendina lands
in the RFMU district. NRPAs, and within desianated Habitat
Stewardship Areas (HSAs) and Flow way Stewardship Areas
(FSAs) within the RLSA overlay district under the conditions set
forth in subsection 2.01.03 G.
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 public law enforcement, fire, emergency medical services
and facilities includina administrative 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, ::md other government services, necessary to
promote and protect public health, safety and welfare are permitted essential
services, limited to the following: public law enforcement, fire, and emergency
medical services facilities includina administrative facilities,
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. Additional permitted essential services in residential zonina districts, excludina
PUDs unless expressly set forth as a permitted use in the PUD document. and in
estate zonina districts. In residential zonina districts. excludina PUDs unless
expressly set forth as a permitted use in the PUD document. and in estate zonina
districts. in addition to the essential services identified above in section 2.01,03
A, the followina shall be considered permitted essential services,
1, Public law enforcement. fire. and emeraency medical services facilities
shall be a permitted use in residential zonina districts, excludina PUDs
3
1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\EMS LOC 11-18-06 CAF Revision (final BCC).doc
unless express Iv set forth as a permitted use in the PUD document. and in
estate zoninQ districts under the followinQ conditions:
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 if adjacent to a site located on the arterial or
collector road.
b. The facilitv shall not exceed 12,000 square feet in size nor shall it
contain more than 4 emerQencv vehicle bays.
c, The zoned heiaht of the facilitv shall not exceed 35 feet.
d. ParkinQ shall be provided per the requirements of section 4,05.04
of the Code.
e. NotwithstandinQ the setback requirements of the applicable zoninQ
district. a thirty foot setback is required from the side and rear
property lines for all structures.
f, The facilitv may contain office or meetinQ space; however
it shall serve onlv the needs of stationed personnel necessary to
operate and support the emerQenCV vehicles housed in the subiect
station: otherwise, office space servinQ other personnel or meetinQ
space servinQ other personnel or the public shall be considered to
be an administrative facilitv and may be allowed in other zoninQ
districts as permitted bv the Code,
Q. Landscape bufferina for sites adjacent to residential zoninQ or
uses:
i. RiQht-of-wav buffer landscapinQ: RiQht-of-wav buffer
landscapino shall meet the requirements of section 4,06.00.
of the code, "Landscapino and BufferinQ".
ii. LandscapinQ adjacent to all other property lines shall
provide the followino perimeter buffer. Except as specified
below, all landscapino shall meet the requirements of
section 4.06.00, of the Code.
a) Landscape perimeter buffer shall be a minimum of
30 feet in width. Water manaoement facilities such
as underoround pipino or swales shall be permitted
within the inside 10 feet of the buffer a minimum of
20 feet from any property line.
b) A minimum 6 foot hioh 100 percent opaque screen
shall be located a minimum of 20 feet from any
property line,
i) Screen options: Each of the followino may
be used individuallv or in combination to meet
screeninQ requirements. When used in
combination the total heioht shall be a
4
1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\EMS LOC 11-18-06 CAF Revision (final BCC),doc
minimum of 8 feet.
1) An architecturally finished masonry
wall or concrete fence. A continuous
3 qallon sinqle row hedqe spaced 30
inch on center at least 24 inches in
heiqht at time of plantinq shall be
located on the outside or property line
side of the wall/fence.
2) An undulatinq earthen berm with
maximum 3:1 slope and a minimum
heiqht of 3 feet. The berm shall be
planted with qround cover.
ornamental qrass or shrubs. Turf
qrass shall not be used. These
berms may be located with toe of
slope 5 feet from property lines,
3) Two staqqered rows of shrubs
meetinq Type B buffer hedqe
standards. as provided for in
subsection 4.06.02 C.2. of the Code,
with a 6 foot hiqh opaque fence with a
minimum of one row of the required
shrubs on the outside or property line
side of the fence.
c) Trees shall be provided in one of the following
methods. All trees shall be 100 percent native. a
minimum of 14 feet in heiqht and shall have a
minimum of 3~ inch caliper at 12 inches above
qround and a 6 foot spread. Palm trees shall not be
used.
i) A double staqqered row of trees meetinq
Type C buffer standards. as provided in
subsection 4.06.02.C.3. of the Code. Each
row may be located on opposite sides of the
required screen.
ii) Trees clustered in double rows with a
minimum of 3 trees per cluster. Trees shall
be planted a maximum of 15 feet on center
within a cluster. A maximum distance of 20
feet between all types of tree clusters shall
be maintained.
iii) Retained existinq veqetation may be used
when it meets or exceeds the above
minimum tree requirements after all exotics
are removed.
5
1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\EMS LOC 11-18-06 CAF Revision (final BCC).doc
. _~._'''m~'~....,..,_,...,,,... dJ>. .... '_~.._."
1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\EMS LOC 11-18-06 CAF Revision (final BCC).doc
newspaper where leaal notices and classified
advertisements appear, statina the purpose, location, time
of the meetina and leaible site location map of the property
where the facility will be located. The advertisement is to be
placed within a newspaper of aeneral circulation in the
county at least 7 days prior to, but no sooner than 5 days
before, the neiahborhood informational meetina.
vi. The public entity shall post the site at least 15 days prior to
the NIM. The sian to be posted shall be at least 32 square
feet in area and contain the followina information:
NEIGHBORHOOD INFORMATION MEETING
TO ALLOW LOCATION OF A LAW ENFORCEMENT,FIRE,
OR EMERGENCY MEDICAL SERVICES FACILITY (as
applicable).
Date: Time:
Location:
For more information, please call:
vii. The public entity, or its consultants, must make a
presentation of how it intends to develop the subiect
property and must accept public comment. The public entity
is required to audio or video tape the proceedinas of the
meetina and to provide a copy of same to the County
Manaaer or desianee.
GH, 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, .. and RLSA
designated HSAII and FSA.. 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,
d, Hospitals and hospices; and
e Outdoor trainina facilities for public law enforcement. fire and
emeraency medical services. Government facilities, including
where not identified 3S a permitted use in this section, s3fety
6a
1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\EMS LOC 11-18-06 CAF Revision (final BCC).doc
service facilities such as including la'l/ enforcement, fire,
emergency medical services.
2. Conditional essential services in RFMUsending lan~~., NRPA!I, CON
districts, and RLSA designated HSAiI 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
easements.;-aM-;.
b. Public law enforcement. fire and emerQencv medical services
facilities that do not meet the permitted use requirements of section
2.01,03 G. Safety Services limited to lall" enforcement, fire, and
emergency medical services.
3. Additional conditional uses in residential, aQricultural 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. Other similar facilities, except as otherwise specified herein.
4. Additional conditional uses in residential zenina districts, excludinq
PUDs unless expresslv set forth as a conditional use in the PUD
document. and in estate zeninq districts, and in RFMU receivinQ and
neutral lands, In residential zoninQ districts excludinQ PUDs unless
expresslv set forth as a conditional use in the PUD document. and in
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 H,1. above, the followinQ essential services shall also be
allowed as conditional uses:
1, Public law enforcement. fire and emerQencv medical services
facilities that do not meet the permitted use requirements of section
2.01.03 G.; and
2. Administrative facilities for public law enforcement. fire, and
emerQencv medical services.
6b
1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\EMS LOC 11-18-06 CAF Revision (final BCC),doc
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,
*
*
*
*
*
*
*
*
*
*
*
*
*
*
6c
1:\LOC_Amendments\LOC Cycle 1 - 2006\New Amendments\EMS LOC 11-18-06 CAF Revision (final BCC).doc
September 22, 2006-1113
LDC Amendment Reauest
ORIGIN: CRA Advisory Board
AUTHOR: staff
DEPARTMENT:
Zoning & Land Development Review Department.
AMENDMENT CYCLE: Cycle 1,2006
LDC PAGE:
LDC SECTION(S): 2.03.071.5. and 2.03.07 N.5.
CHANGE: To provide a process where specified administrative deviations may be granted by
the County Manager or designee. An administrative deviation process is needed for, 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 limited in nature and
applicable only to architectural, landscaping, dumpster and dimensional requirements. Other
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 IMP ACTS: 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.
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, 8, 20, and 21, 2006.
Amend the LDC as follows:
Sec. 2.03.07 Overlay Zoning Districts
I. Bayshore Drive Mixed Use Overlay District.
7
1:\LDC_Amendments\LDC Cycle 1 - 2006\New Amendments\9hrc01B (2).DOC
September 22, 2006-1113
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.
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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
applicable underlying zoning category,
b. Existing Planned Unit Developments (PUDs) are not included subiect to
ffi the Bayshore Overlay District requirements; however, PUDs :Jpproved
applications submitted, and found sufficient. after March 3, 2006 are
included in the Bayshore Overlay District and must comply with the
requirements stated herein,
c, Amendments or boundary chanqes to PUDs that existed prior to March 3,
2006, are not subiect to the Bayshore Overlay District requirements,
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5. Administrative Deviations.
a, Authority, 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. Applicability-List of Development Standards Eliaible for deviation reauests and
Associated Criteria. At the time of SOP application an approved MUP shall be
eliqible to seek an administrative deviation from the followinq Code provisions
that may apply:
1. 4.02. 16,A. Table 11,Front Yard (includinq build-to line).
11 These deviation requests shall be subiect to the process and
procedures of Sec. 5.05.08. F. Deviations and Alternative
Compliance. except that in order to be eliqible for an administrative
deviation the site shall meet at least one of the followinq conditions
or circumstances:
Bl If constructed where otherwise required, the buildinq(s) or
structure(s) would conflict with requlatory standards for
existinq public utilities or encroach into an associated public
utility easement. which cannot reasonably be relocated or
vacated based on physical or leqal restrictions. as applicable.
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September 22, 2006-1113
Ql parcel confiourations of unique or challenoino boundary
oeometry such as when a parcel's acreaoe has limited
frontaoe relative to its acreaoe as defined bv a ratio of acreaoe
to frontaoe in excess of 0.0045 and which is proposino to
provide frontaoe and/or alternative frontaoe alono internal
vehicular and pedestrian circulation pathways at a minimum of
110% of the parcel frontaoe.
~ In order for the conditions or circumstances under b), immediatelv
above, to be approved for a deviation. the followino criteria shall also
be met:
ID the proposed alternative shall be inteorated into the existino
and future vehicular and pedestrian circulation pattern of the
neiohborhood and,
Ql the proposed alternative shall demonstrate compliance with
the intent of the standards to create a connective and walk-
able environment bv demonstratino a comparable relationship
between proposed alternative buildino(s) location(s) and their
associated pedestrian and vehicular pathways. and associated
parkino facilities.
lL. Buildino and architectural standards, as specified below. These deviation
requests shall be subiect to the process and procedures of Sec. 5.05.08. F,
Deviations and Alternative Comoliance:
a) 4.02.16.A. Table 11. BuildinG DesiGn: pertainino to the
buildina facades facino the intersectino east-west streets with
Bavshore shall have the same architectural desion treatment
as the buildina facade facino Bavshore Drive;
b) 4.02.16.G. Architecture DesiGn Theme: and
c) 5,05.08 Architectural and Site Desion Standards,
iii. 4.02.16.F. Landscaoe and Buffer Reauirements; and. 4.06,00
LandscaoinG, BufferinG and VeGetation Retention as aoplicable. The
alternative plans reQuestino approval for deviation from landscaoino and
buffer requirements shall be subiect to the process and procedures of
5,05,08,F. Deviations and Alternative Comoliance; and. must additionallv
provide a minimum of 110% of the open space requirement for Mixed Use
Proiects in addition to other conditions that the County Manaoer or
desionee deems necessary,
iv. 4.02.16. E. DesiGn Standards For AwninGs. LoadinG Docks. and
Dumosters: and. 5.03,04. Dumosters and Recvclina. limited to:
1) deviation requests for individual structures with curbside pickup,
that shall be subiect to the process and procedures provisions of
subsection 5.03.04 G. Curbside Pickuo,
2) requests for locational deviations from the subsection 4.02,16. E.
shall be subiect to the process and procedures of S.OS.08.F.
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September 22, 2006-1113
Deviations and Alternate Compliance and comply with the
provisions of subsection 5.03.04 A.
v. Notwithstandino the process and procedures set forth above for
paraoraphs i. throuoh iv.. any appeals from these administrative decisions
of the County Manaoer or desionee shall be made solely under the
provisions of section 250-58 of the Collier County Code of Laws and
Ordinances,
vi. 4.02.16.D. Parkinq Standards. These deviation requests shall be subiect
to the process and procedures of 4.05.04. F.2.
[RENUMBER EXISTING Sub-section 5. TO 6.]
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N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT.
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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 development requirements shall be as required in the
applicable underlying zoning category.
b, Existing Planned Unit Developments (PUDs) are not included subiect to
ffi the Gateway Triangle Overlay District requirements; however, PUDs
approved applications submitted. and found sufficient. after March 3,
2006 are included in the Bayshore 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 Gateway Trianole Overlay District
requirements.
s;l 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.
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5. Administrative Deviations.
a. Authoritv. The County Manaoer or desionee is hereby authorized to utilize this
MUP Administrative Deviation process to orant administrative deviations for
proposed developments which have obtained a MUP approval from the Board
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September 22, 2006-1113
of County Commissioners from the following eligible land development standards
that meet their associated criteria.
b. Applicabilitv-List of Develooment Standards Eliaible for deviation reQuests 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 apply:
L. 4.02.35.A. Table 1.Front Yard (includinQ build-to line).
12 These deviation requests shall be subiect to the process and
procedures of Sec, 5,05.08. F. Deviations and Alternative
Compliance. except that in order to be eliQible for an administrative
deviation the site shall meet at least one of the followinQ conditions
or circumstances:
ill. 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
utility easement, which cannot reasonably be relocated or
vacated based on physical or leQal restrictions, as applicable.
Ql parcel confiQurations of unique or challenQinQ boundary
Qeometrv such as when a parcel's acreaQe has limited
frontaQe relative to its acreaQe as defined by 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,
6.l In order for the conditions or circumstances under b), immediately
above. to be approved for a deviation. the followinQ criteria shall also
be met:
ill. the proposed alternative shall be inteQrated into the existinQ
and future vehicular and pedestrian circulation pattern of the
neiQhborhood and,
Ql the proposed alternative shall demonstrate compliance with
the intent of the standards to create a connective and walk-
able environment by demonstratinQ a comparable relationship
between proposed alternative buildinQ(s) location(s) and their
associated pedestrian and vehicular pathways. and associated
parkinQ facilities,
!L. BuildinQ and architectural standards. as specified below. These deviation
requests shall be subiect to the process and procedures of Sec. 5.05,08. F.
Deviations and Alternative Compliance:
a) 4,02.35.G. Architecture Desian Theme; and
b) 5,05.08 Architectural and Site DesiQn Standards.
iii. 4.02.35, E. Landscape and Buffer ReQuirements; and. 4.06.00
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September 22, 2006-1113
Landscapina. Bufferina and Veaetation Retention as applicable. The
alternative plans requestina approval for deviation from landscapina and
buffer requirements shall be subiect to the process and procedures of
5.05.08.F. Deviations and Alternative Compliance: and, must additionally
provide a minimum of 110% of the open space requirement for Mixed Use
Proiects in addition to other conditions that the County Manaaer or
desianee deems necessary.
iv. 4.02.35. D. Desiqn Standards For Awninas, Loadina Docks, and
Dumpsters; and. 5.03.04. Dumpsters and Recvclinq, limited to:
1) deviation requests for individual structures with curbside pickup.
that shall be subiect to the process and procedures provisions of
subsection 5,03,04 G. Curbside Pickup,
2) requests for locational deviations from the subsection 4.02.35. D,
shall be subiect to the process and procedures of 5.05.08.F.
Deviations and Alternate Compliance and comply with the
provisions of subsection 5,03,04 A.
v, Notwithstandina the process and procedures set forth above for
paraaraphs i. throuah iv.. any appeals from these administrative decisions
of the County Manaaer or desianee shall be made solely under the
provisions of section 250-58 of the Collier County Code of Laws and
Ordinances.
vi. 4.02.35.C. Parkina Standards, These deviation requests shall be subiect
to the process and procedures of 4.05,04. F.2.
[RENUMBER EXISTING Sub-section 5, TO 6,]
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LDC Amendment Request
ORIGIN: BCC Directed
AUTHOR: C. Fabacher & CCPC
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 lift canopies on legally permitted boat lifts, as an
administrative function through the issuance of a building permit, when the boat lift canopy
meets all the requirements set forth in subsection 5,03.06 G. Additionally, the amendment
restricts dock facilities to only one of the following per site: a boathouse, a boat lift canopy or a
covered structure with the exception that docks on bays shall be permitted boat lift canopies on a
maximum oftwo boat lifts.
Finally, a boat lift canopy petition may be heard by the Collier County Planning Commission,
based upon the same criteria as a boathouse or dock extension petition, in cases where the
applicant cannot meet the dimensional, construction and other requirements, as set forth in
subsection 5,03.06 G.
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 NOTES/VERSION DATE: Created on April 4, 2006. Revised August 10, 2006.
Revised August 21, 2006, Revised August 29, per CCPC revisions. Revised on November 28,
per BCC direction and discussion with Building Review and Permitting Department Director.
Amend the LDC as follows:
1.08.02 Definitions
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Boat lift cano/JV: A coverinq that is applied to a boat lift over a leqallv permitted dock.
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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
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 HAg 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
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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.
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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
boathouses, with the exception of dock facilities and boathouses on man made 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 unbridged 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 LOC or as exempted below.
6. All dock facilities.. fexcept 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.. fexcept boathouses1.. 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
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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) shorclings shorelines, or lines drawn perpendicular to the
centerline (thread) of the waterway, perpendicular to the line of deep water... fline
of navigability or edge of navigable channelj, 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
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
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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 existinq boat lift attached
to a dock leqally permitted deck, by the requisite local, state and federal
aqencies, if the followinq criteria are met.
a. Canopy covers shall not extend more than 27 inches beyond the
width of the boat lift on each side.
b. The lenqth of the boat lift canopy shall not exceed 35 feet.
c. The heiqht of the boat lift canopy shall not exceed 12 feet,
measured from the hiqhest point of the canopy to the heiqht of the
dock walkway top of tho neoroet SODWElII or top of ~ank.::
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 Awninqs and
Canopies in the Florida Buildinq Code.
f. Canopy cover material shall be limited to oO/€lr8 tf::tElt 'Io'ill ~Iend in
with tho E)l:Jrroundinq hobitot Sl:Joh 00 beiqe. or mid-ranqe shades
of blue or qreen. Prohibitod canopy €la'o'or col€lrE) if.1€Jlbil€le '1'8110'1.'8,
oronq0s, rodE) and other oolom that :Jro not €JoF-lsi8tont 'I.'ith tho
hobitot.
q, No boatlift canopies shall be permitted at sites that contain
either a boathouse or a covered structure.
2. Lots with frontaQe on canals shall be permitted a maximum of 1 boatlift
canopy per site. Lots with frontaQe on bays shall be permitted a
maximum of 2 boatlift canopies per site.
g,3. If an applicant wishes to construct a boat lift canopy that does not meet
the standards of subsection 5.03.06 G. above. then a petition for a boat
lift canopy deviation may be made to the Planninq Commission which
shall review a sufficient petition application and either approve or deny
the req uest.
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'__"_~,"..,._..~..-.,. . ~'-"~''''''~'''''''-''"''-
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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. Durina the development or redevelopment of commercial or residential proiects
and all rezone petitions shared access and interconnection shall be reauired
within and to the boundary of the application under review. Should the shared
access or interconnection require the removal of existina parkina spaces, the
applicable development will not be reauired to mitiaate for the parkina spaces.
The County Manaaer or desianee shall require the shared access and
interconnection unless in the professional iudament of the County Manaer or
desianee one of the followina criteria prohibits this requirement.
1. It is not phvsicallv or leaallv possible to provide the shared access or
interconnection.
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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 beino made to the development
3. The location of environmentallv sensitive lands precludes it and mitioation
is not possible,
4, The abuttino use IS found to be incompatible with the existino or
proposed use.
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LDC Amendment Request
ORIGIN: Transportation Services Division
AUTHOR: Nick Casalanguida
DEPARTMENT: 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:
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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 cumulatively 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.
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LDC Amendment Reauest
ORIGIN: Transportation Division
AUTHOR: Trinity Caudill-Scott
DEPARTMENTS: 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; October
16, 2006.
Amend the LDC as follows:
6.06.02 SidewalksJ, aRd-Bike Lane and Pathway Requirements
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A. Unlees otherwise exempted by the regulations of this LOC, a 611 developments
must construct sidewalksJ, aR€l-bike lanes, and pathways, 'Nhere applicable,
prior to completion of construction authorized by a final subdivision plat, cite
improvement, or site development plan, or any substantial amendment thereto,
aRd-as described below:
1, Sidewalks and bike lanes 'Nhere required, must be constructed within
public and private rights-of-way or easements, which are adjacent to aM
internal to the site prior to issuance of the first certificate of occupancy for
construction authorized by a final subdivision plat, site improvement, or
site development plan, unless otherwise determined by the County
Manaqer or desiqnee, as follows:
Typical Cross Sidewalks - Both sides! 2 Bike Lanes - Both sides! 2 J-4
Section 3-4
6 Feet wide 5 feet wide
Arterials and X X
collectors
Local/Internal X
!i Accessway
1
_ except that only required on one Side (closest to the development) where right-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 that for residentbl
development projects where 75%l or mora of that project's land :Jra3 h:Js been :Jpproved
as of [the effective d:Jte of this ordin:Jnce] for site development plans or final
subdi':ision plats v:ith side'....alks or bike lanes th:Jt are only required on one side of the
ROW, then all applic:Jtions for subsequent site development plans or final subdivision
plat may be :Jpproved ',\lith sidewalks or bike lanes on only one side of the ROW.
4 for de':elopment projects seeking :Jppro'/al of :J final subdivision plat or site
development plan of 25 or fewer dwelling units 'Nhere thoce units front on a ROW that
terminates in a cui de sac, then side\":alks or bike lanes 'Nill only be required on one side
of the ROW ::md not 3round the circumference of the cui de sac,
2. Sidewalks and bike lanes. where roquired, must be constructed within
public and private riqhts-of-way or easements, which are internal to the
site, as follows:
TyPical Cross Sidewalks - Both sides1:2 Bike Lanes - Both sides! 234
Section lA 5 6 12
6 Feet wide 5 feet wide
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Arterials and X X
collectors
Local/Internal X
Accessway
1_ except that only reauired on one side (closest to the development) where riaht-of-way is
adiacent to. but not within. the subiect development and except as set forth below in this
section.
2_ unless otherwise determined by the County Manaaer. or desianee. that the existina
ROW cross-section is physically 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 final
subdivision plats with sidewalks or bike lanes that are only reauired on one side of the
ROW. then all applications for subseauent site development plans or final subdivision
plat may be approved with sidewalks or bike lanes on only one side of the ROW,
4_ for development proiects seekina approval of a final subdivision plat or site
development plan of 4 or fewer dwellina units per aross acre and where 15 or fewer
dwellina units front on a a ROW that terminates in a cul-de-sac. then sidewalks will only
be reauired 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 reauired sidewalks
alona the individual parcels frontaae shall be constructed.
6 - prior to the issuance of 75% of the certificates of occupancy authorized by a final
subdivision plat. site improvement or site development plan. all sidewalks and bike lanes
shall be constructed. unless otherwise determined by the County Manaaer or desianee.
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-wav or easements, which are adiacent to or
internal to the site. Prior to issuance of the first permanent certificate of
occupancy for construction. authorized by a final subdivision plat. site
improvement, or site development plan. all required pathways shall be
provided. unless otherwise determined by the County Manaqer or
desiqnee,
2 ~. For sinqle-family and multi-family site development and site
improvement projects within all conventional zoning districts and all
sinqle-family 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 exists
therein, must connect to the edge of the adjacent paved road
within the right-of-way,
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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 sidewalk
must not be less than ten feet.
~~. 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.O.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-ot-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 sidewalksJ, ami bike lanes and pathways, all
developments approved or required to make payments-in-Iieu must either:
.1. Provide funds for the cost of sidewalksJ, ami bike lanes and pathways
construction prior to the release of the correspondinq development
review for final subdivision plat. site improvement. or site development
plan, except as stipulated within an approved zoninq 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. Identify and commit to constructinq a proiect with an equivalent lenqth of
sidewalk in an area identified in the Needs Plan of the Comprehensive
Pathway Plan and approved by the County Manaqer or desiqnee, The
selected proiect must connect to an existinq sidewalk on at least one side
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and if the remaininq side does not connect with an existinq sidewalk. it
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-lieu is the recommendation bv the County Manaqer or desiqnee.
S~uch funds will be used by the County for future construction of required
sidewalks.l. aM 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-Iieu amount is less
than what would otherwise be required to completely construct all of the required
sidewalks.l. aM 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-Iieu will be applied to the
developer's continuing obligation to construct sidewalks.l. aM bike lanes and
pathways under the current LOC specifications.
~ E. SidewalkL aRd Bike Lane, and Pathway Design & Construction/Materials.
L All sidewalks shall be desiqned and constructed in accordance with the
latest edition of FOOT's Oesiqn Standards, All sidewalks shall be
constructed of Portland cement concrete, or paver brick in conformance
with the standard right-of-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 limerock base, or a minimum of six inches thick of concrete
which may be constructed without a Iimerock base but must be
constructed over a compacted subgrade; roads with a functional
classification as local or with no functional classification (i.e., 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 FOOT Standard Specifications for
Road and Bridge Construction, seotion 522. Paver brick, sidewalks, or
paver brick accents in sidewalks must be installed over a four inch thick,
compacted Iimerock 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"
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or the "Manual of Uniform Minimum Standards for Design, Construction
and Maintenance for Streets and Highways" (commonly known as the
"Florida Greenbook") requirements.
3, All pathways shall be desiqned in accordance with the most current
FOOT Bicycle Facilities Planninq and Oesiqn Handbook as it pertains to
shared use pathways, Below are the preferred standards for pathway
construction, however if the applicant can demonstrate that a lesser
cross-section will meet the requirements of the County, then upon
the approval of the County ManaQer or desiQnee it may be
permitted. Pathways may be constructed of the followinq types of
materials:
9..:. 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 subqrade. Expansion ioints shall
be one-half-inch preformed bituminous conforminq to the latest
edition of ASTM. Contraction ioints shall be saw-cut ioints with
lonqitudinal spacinq equal to the width of the pathway. The saw
cut depth shall equal or exceed one-forth the concrete thickness.
All workmanship materials, methods of placement. curinq, forms,
foundation, finishinq, etc. shall be in conformance to the latest
edition of FOOT Standard Specifications for Road and Bridqe
Construction,
!:L Asphalt - All pathways constructed of asphalt shall contain a
minimum of 12 inches stabilized subqrade (LBR 40), 6 inches
compacted lime rock base, & 1.5 inches Type S-1I1 asphaltic
concrete, unless an alternate cross-section is otherwise
determined to be acceptable by the County Manaqer or desiqnee.
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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 staff time to review.
FISCAL & OPERATIONAL IMPACTS: The increased fees will generate on average
approximately $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 NOTES/VERSION DATE: This version was created on May 15, 2006-
Modified June 17,2006. Revised August 8, 2006, per CCPC.
Amend the LDC as follows:
10.02.02 Submittal Requirements for All Applications
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G. Transportation impact statements
1. Purpose.
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a. The purpose of this section is to outline the minimum
requirements for the review of and requirements for aR€I
eefine the fee for the submittal of a transportation impact
statement which is required to be submitted as part of a
development order application. Transportation impact
statements will:
I. Complv with the existinq Transportation Impact
Statement (TIS) quidelines and procedures in
resolution 2003-410 as may be amended from time
to time,
ii. Provido 3 trip qonor3tion roport '/lith distribution for
projocts th8t qOnor3to less th8n 1000 ^DT
(ovOr8QG d8ilv trips) or loss th3n 100 vohiclo trips in
tho AM ond PM p03k AB8f:-
III. Provido dotoilod TIS 3S dofinod by tho current TIS
quidelinos 8nd procoduros for proiects th8t excoed
-1000 ^DT or moro th::m 100 vohiclo trips in tho ^M
or PM pe3k hour. Tho limite should bo 3nolvzed
GUmulotivoly if tho proioct is shorinq 0 drivo'N8Y with
emor dovolopmonts.
1r1-.9rQe!--.!~Q1I1Q1ement, maintain and enforce thi~
QQQgL_~_~__'~vill be chorqed for the initail
s_uJ:)-'Jl~!l_.Ib_e~upon submission of the TIS
~bQ)L_~~_set forth in the schedule of
Qg~IQQrlJ9DL9IJ1~_\d9_~ii__~_!dilQ.i!lgye rm it Fees
ft(jQQ!ecJ:i-tlJbg__Q~11 i e r Cou nti__6.cl~JQ!l'Je Cod e
i!~t~_g_i 1l!9_-,=1._.IrQ!fif.__!!DPi!9_Lm.~I!!.~!
rrl~)CQy:~e",-",--i~LflcJ.,-JJJJ1iL!bl~_JQ9- has becn paid in
f:t:tH~tleQ~:tJYQc::_sj:1QIL~s.cJl,
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LDC Amendment Request
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ORIGIN: Transportation Division
AUTHOR: Nick Casalanguida
DEP ARTMENTS: Transportation
AMENDMENT CYCLE # OR DATE:
Cycle 1 -.2006
LDC PAGE: LDCIO:113
LDC SECTIONS: Section 1O.02.07.C.1.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:
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10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy
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C. Certificate of public facility adequacy.
1. General.
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b. Annual Traffic/PUD Monitoring Report. After February 6, 2003, the
effective date of this section's amendment, all PUDs which are less than
9G 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 10.02.13.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 monitorino 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) "the 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 remainino development riohts to any un-built units
or intensity.
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LDC Amendment Request
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ORIGIN: Transportation Services Division
AUTHOR: Phil Tindall
DEP ARTMENT: Transportation Planning
AMENDMENT CYCLE: Cycle 1, 2006
LDC PAGE: LDCI0:114 & LDClO:118
LDC SECTION(S): 10.02.07.C.1.e. & 10.02.07.C.4.c.
CHANGE: In Section 10.02.07.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 timeline in section 1O.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 1O.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 1O.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 1O.02.07.CA.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
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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
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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,
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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 .^.dministr3tor County Manaoer, or
desionee, and Transportation Services Division Administrator, or desiqnee,
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 De\'elopment ::md Environment31 Services Division
Administr3tor County Manaqer. or desiqnee, and Transportation Services
Division Administrator, or desiqnee. 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, \Nithin 20 business
Gays a 8fter any application for a certificate except for road facilities is
received and the 3pplic3tion is determined to be complete, the
Community Development 3nd Environment31 Services Division
Administr3tor 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.S. of this Code. The
Transportation Services Division Administrator, or desiqnee. shall review
the related traffic impact statement and, if there are no outstanding
transportation-related issues associated with the applicable development
order application, grant, or deny a one-year traffic capacity reservation for
roads 'Nithin 20 business d3Ys pursuant to subsection 10.0207 CA.t. within
the then effective submittal review time frame set forth by the Community
Development 3nd Environment31 Services .^.dministrotor County Manaqer,
or desionee. after the application is determined to be complete. At the
Transportation Services Division Administrator's or desionee's discretion,
based upon his/her professional iudqment, orantinq of said traffic capacity
reservation may be withheld beyond the aforementioned time frame as lonq
as there are outstandinq transportation-related issues associated with the
applicable development order application until after receipt and review of
re-submitta/(s) that remedy all of the said outstandino transportation-related
issues. If the Transportation Services Division Administrator or desiqnee
determines that the applicable development order application can be
approved with stipulations related to outstandinq transportation-related
issues, he/she shall orant the said one-year traffic capacity reservation for
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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 1O.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 IMPACTS: None.
RELATED CODES OR REGULATIONS:
Various throughout the Code.
GROWTH MANAGEMENT PLAN IMPACT: 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:
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10.02.13 Planned Unit Development (PUD) procedures
0, Time limits for approved PUOs. 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 PUOs approved on or after October 24, 2001, but prior
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
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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 remaininq
density or intensity that has not been approved by the
appropriate site development plan or plat and received a
certificate of public adequacy (COA) shall be considered
expired and void of any remaininq development riqhts, In
the event that action or in-action by the County or any
requlatory aqency or leqal 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. continqent that the applicant has been
diliqently pursuinq a local development order or permit
throuqh any of the required requlatory aqencies, The
county manaqer or desiqnee must be notified in writinq of
the circumstances of the delay 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 remaining density and
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intensity shall be considered expired if all of the lands
within the PUD boundary have received approval throuoh
site development plans or plats and received a certificate
of public adeQuacy (eOA). For non residential portions of a
PUD. section (a) above allows for two additional years to
amend the site development planes) in order to apply for
development orders for any remainino intensity within non
residential sections of the PUD,
[Renumber subsections D. 4-7 to D. 5-8]
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LDC Amendment ReQuest
ORIGIN: Smart Growth Advisory Committee
AUTHOR: Smart Growth Advisory Committee & Jean Jourdan, Senior Planner
DEP ARTMENT: 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 IMPACT: 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.
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OTHER NOTESNERSION DATE: This version created on March 17,2006 and revised
August 7, 2006, pursuant to CCPC direction, The initial language 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
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G. Residential Mixed Use Neiqhborhood Center PUD Desiqn Criteria.
10 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 comply 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 any 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
County 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,
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except that a arocerv store or supermarket shall not exceed
45.000 square feet of aross 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
by the FLUE Density Ratina System. For properties located in the
Urban Residential Frinae. the minimum density shall be as
allowed by that Subdistrict.
h. For freestandina residential uses. acreaae to be used for
calculatina density is exclusive of the commercial component and
of any acreaae component for a use with a residential
equivalency. e.a. ALF-adult livina facility. For properties not
located in the Urban Residential Frinae. eliaible density shall be
as allowed by the FLUE Density Ratina System, or as allowed
under the existina residential zonina district. or as otherwise
allowed by FLUE, Policy 5.1. For properties located in the Urban
Residential Frinae, eliaible density shall be as allowed by 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 by the Density
Ratina System. less any reductions, For properties located in the
Urban Residential Frinae. eliaible density shall be as allowed by
that Subdistrict.
j. The proiect is encouraaed to use a arid 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 by streets, or pedestrian
pathways, and bike lanes, unless precluded by the existence of
wetlands or other environmentally 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.
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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.
0,
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 D of the LDC 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, overhanqs,
siqnaqe, 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.
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MIXED USE
PEDESTRIAN PATHWAY SECTION
(Internal Street Section)
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/V ~/P<"~' :~~\\~5' MIN,STREETTREE
II II'(~ /'/ PLANTING ZONE~ ~ -
II /1:' '\,/ __
4' MIN. FROM FACE ,,' ff~,/ fiWNtNG ~//
OF CURB TO / ~~ ~R ARCAD~/
FRONT OF TREE~i (r: ;T = = - = = IT- =:e:::=--=-
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ro=c.---=,j~\\. .1/ ~~tt=~r--'~I' DISPLAY zeN
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8' MIN. HEIGHT
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, CAR DOOR ZONE PEDESTRIAN _
TRA VEL ZONE
21' MINIMUM
PEDESTRIAN PATHWAY
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DATE'8/2oo6 FILE' PADESTRIAN PATHWAY
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4, Street FurnishinQs & Street PlantinQs.
a. Street furnishinQs shall be provided in coniunction with the street
tree plantinQ zone. Street furnishinQs shall include benches per
LOC Section 4.06.03 B. 8. one waste/recyclinQ receptacles per
300 lineal feet of street frontaQe. and bike racks per LOC Section
4,05,08. Street furnishinQs may also include bus shelters,
information kiosks. and similar furnishinQs.
b, Site furnishinQs (not associated with an individual business) shall
be coordinated and fabricated of compatible materials.
c. Visual obstructions shall not be allowed within siQht
trianQles/spaces at street intersections pursuant to section 4,06.01
0.1 of the Code.
d. The street tree plantinQ 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.
L. 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 by
overhead arcades. utilities, and pedestrian access. . Trees
shall have a minimum heiQht at the start of branchinQ of 8
feet and have an overall plantinQ heiQht of 16 feet. Palm
trees are allowed as a substitute to canopy trees where
buildinQ 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 landscapinQ, the pedestrian travel
zone, and street furnishinQs will not allow canopy trees.
Areas for canopy trees should be included at plazas, street
intersections, and other areas where buildinQs 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 beinQ plants native to Florida.
iii. PlantinQ zones at the Qround plane shall include turf Qrass:
Qroundcover, low shrubs or flowerinQ plants,
5, Landscape,
a. General Landscape.
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1. Provide 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.
ii. Canopy trees used in open landscape areas (other
than street trees) shall be a minimum of 10 feet in heiaht.
havina a 4 foot spread and a minimum caliper of 1%
inches,
iii. Plantinas shall be a maximum of 25% turf arass.
The balance shall be aroundcover, low shrubs and/or
flowers located in plantina areas as is appropriate to the
desian.
iv. Irriaation shall be provided for all plantina areas.
Irriaation 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 apply to the external
boundaries of the mixed use development only,
Landscape buffers shall not be required internal to the
mixed use development proiect.
b. Parkina Lot Landscapina.
i. Up to 30 % of the landscape islands may have a minimum
width of 5 feet inside plantina 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 heiaht.
iii. The perimeter of all parkina lots frontina public riaht-of-
ways shall be screened to a minimum heiaht of 24 inches
usina walls, fences. landscapina or any combination
thereof.
IV. Parkina lot perimeter landscapina areas shall be a
minimum of 8 feet in width. Shrubs shall be arranaed in a
staaaered pattern with a minimum size of 3 aallons at the
time of plantina to provide year-round screenina. Trees
shall be included in the perimeter landscape area at a
minimum spacina of one tree/palm per 25 feet of lineal
frontaae. Street trees within the riaht-of-way may be used
to meet this requirement.
6, Buildina Foundation Plantinas
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a. BuildinQ foundation plantinQs shall be required per section
4,06.05,B.4., of the Code except as follows; The buildinQ
reQardless of its size. shall provide the equivalent of 10% of its
Qround level floor area, in buildinQ foundation plantinQ area, A
continuous buildinQ foundation plantinQ width is not required per
section 4.06.05.B.5.a. of the Code. However, the foundation
plantinQs shall be located within 21 feet of the buildinQ edQe in the
form of landscaped courtyards and seatinQ area landscapinQ.
7. BuildinQ Architectural Standards
a. The Mixed Use Proiects shall include architectural features that
provide visually interestinQ buildinQ desiQn at a scale appropriate
for pedestrian and automobile.
I. BuildinQ facades shall be desiQned to reduce the mass and
scale of the buildinQ, by providinQ arcades, windows, entry
features, and other desiQn 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 buildinas 3 stories or more, pedestrian scale at the
street level shall be maintained by incorporation of facade
variations such as massinQ, texture, color or materials on
the primary facades between the first and subsequent
stories~
b. The followinQ architectural options are in addition to the list of
required desiQn 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 lenQth of 60 percent of the
facade.
ii. A buildinQ recess or proiection of the first floor with
minimum depth of 8 feet and total minimum lenQth of 60%
of the facade lenQth,
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 complv with the required minimum depth.)
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8. Siqn Tvpes & Definitions.
a. Definitions
I. Sandwich boards: A portable siqn comprised of two siqn
panels hinqed toqether at the toP.
ii. Flaq Banners: Fabric panels hanqinq from or stretched
between brackets proiectinq from Iiqht poles.
b. Permitted Siqn Tvpes
i. All siqns shall be in compliance with Section 5,06 of the
Code, except as follows:
ii. Awninq Siqns: In addition to any other siqn allowed bv this
code. The front vertical drip of an awninq may be stenciled
with letter or qraphics, A ten percent clear area border is
required on all four sides of the front vertical drip,
iii. Proiect Entrance Siqns - Two qround or wall siqns shall be
allowed at the main entrance to the development with a
maximum heiqht of 6 feet subiect to the followinq
requirements.
a) The siqns shall contain on Iv the name of the
development. the insiqnia or motto of the
development and shall not contain promotional or
sales material
b) The siqns shall be limited to 60 square feet of siqn
area each and shall not exceed the heiqht or lenqth
of the wall upon which it is located,
c) The qround or wall siqn 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 Neiqhborhood Amenitv Siqns - One qround siqn
shall be allowed for each residential tract. parcel or amenity with a
maximum heiqht of 4 feet subiect to the followinq requirements.
I. The siqn shall contain on Iv the name of the residential
neiqhborhood and the insiqnia,
ii. The qround or wall siqn shall be limited to 30 square feet of
siqn area and shall not exceed the heiqht of the lenqth of
the wall upon which is located.
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Hi. 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,
9..:. 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).
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, letterinq,
or a combination thereof, the unified control of the proiect from
developer throuqh and to proiect's Association. The maximum
sion area shall be proportional to the heioht of the pole:
L 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.
0, Prohibited Sion Types
I. Portable or mobile sions except sandwich boards.
II. Off-site siems,
iii. Proiectino or Pole sions
IV, Fluorescent colors
9. Parkino Requirements. Mixed-use proiects have the opportunity to
provide a variety of parkinq 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 parkinq
spaces, by utilizino pedestrian-oriented desion and reducino the distance
between residential and commercial uses.
a. Definitions
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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 mlnrmum 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 oarkino shall be located to facilitate
the most direct and safest route to buildino entries and meet all
applicable codes.
e. Parkino Structures
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I. Parkino structure facades shall be desioned to screen
views of automobiles bv the oeneral public from adiacent
streets and driveways.
ii. Parkino structures without Qround floor retail or residential
uses alonQ the front facade shall have a minimum 10-foot
wide, Buildino Foundation LandscapinQ 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
landscapinQ, no additionallandscapinQ is required.
III. All structures with uncovered parkinQ 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 buildinQ edoe.
IV. Parkino structure liohtinQ shall be a maximum of 20 feet in
heioht. Liohtino shall incorporate full shield cut-offs to
contain liQht to the surface of the deck onlv,
v. Parkino structures are also allowed to be located below
Qrade and below habitable space. These structures must
be accessed from the rear of the buildino.
f, General Requirements and Shared ParkinQ Aoreements.
I. The total number of parkino spaces provided in a mixed-
use proiect shall be determined bv the intended uses as
required bv section 4.05,00 of the Code, Off-street Parkinq
and LoadinQ unless modified herein.
II. Commercial areas (with streets internal to the project) must
utilize on-street parkinQ to meet at least a portion of the
parkinQ 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 parkinq requirement.
iv, If a commercial area is developed in one phase with one
Site Development Plan application the on-street parkinq
may be utilized to meet parkinq requirements in a one-to-
one ratio,
v. The overall parkinq requirement may be reduced at the
time of Site Development Plan approval bv consideration
of a shared parkino analvsis and aqreement. The analvsis
shall demonstrate the number of parkinQ spaces available
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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,
vi. Establishments providino valet parkino services may not
utilize parkino areas desionated for shared use by a
shared parkino aoreement for the storaoe of vehicles
parked by this service, unless allowed by the shared
parkino aoreement.
vii. 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.
viii. 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.
1 O~ Service Areas
a. 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.
b. 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 latchable oates to
avoid blowino refuse.
c, Service area recesses in the buildino and/or depressed access
ramps should also be used where applicable,
d. Businesses are encouraoed to consolidate and share refuse areas
and equipment.
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LDC Amendment Reauest
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 1
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-l, C-2 and C-3 Zoning Districts.
LDC SUPPLEMENT #: Supplement 1
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 IMP ACTS: 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.
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GROWTH MANAGEMENT PLAN IMP ACT: 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.
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2.04.03 Table of Land Uses in Each Zoning District.
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Table 2, Land Uses that May be Allowed in each Zoning District as accessory Uses or
Conditional Uses
"0 N M
;:: I
C=conditional use o:l u U
- -
o:l I I I
gu !U <l.l
U
.- I ;:: (;l
A =accessory use ~Nl1) <l.l :a
~ u '2 <l.l
es !U E
;>
0..0 ;:: <l.l
0;- 0 .s
._ o:l u
u ... 0; 0;
... <l.l
<l.l t: ';:) ';:)
8 <l.l
80 ... ...
<l.l <l.l
ACCESSORY AND 0 8 8
u E E
CONDITIONAL USES 0 0
u u
Mixed Use uses C16 Cli C16
16 Subiect to design criteria contained in Section 4.02.38
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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
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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.
0, 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:
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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 AHOB 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 AHOB is requested in conjunction with an
application for a planned unit development (PUO), 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 LOC. ; and
g. Any other information which would reasonably be needed to
address the request for AHOB for the development pursuant
to the requirements set forth in this section.
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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.
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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 commerciallv zoned
properties with a mix of residential and commercial uses. Such mixed-use
projects 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 Project is allowed in the Urban Mixed
Use District contained within the FLUE and subject 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
apply to all mixed-use proiects proposed within these zoninQ districts, subject
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
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streetscape utilizino the architecture, landscapino, liohtino. sionaoe. and street
furnishinos. Vehicular travelways support two-way traffic and on street
parkino. A looical pedestrian pathway system is provided throuohout that
connects the pedestrian movements from one use to another or within use
areas. Buildino arcades and awninos are allowed to extend over the sidewalk
to create shade and encouraoe pedestrian activity. Sionaoe desion shall be
carefully inteorated with site and buildino desion to create a unified
appearance for the total proiect. Creativity in the desion of sions is
encouraoed in order to emphasize the unique character of the proiect.
Proiects utilizino these desion criteria will be developed in compliance with the
LOC, except as specified herein.
C, Commercial Mixed Use Desion Criteria.
Proiects utilizino the Commercial Mixed Use option within a C-1. C-2. or C-3
Zonino District shall comply with the followino standards and criteria.
1. These desion criteria are applicable to the C-1 throuoh C-3 zonino
districts.
2. Commercial uses and development standards shall be in accordance
with the commercial zonino district on the subiect property. unless
modified within these reoulations,
3, Residential density is calculated based upon the oross commercial
proiect acreaoe, For property in the Urban Residential Frinoe
Subdistrict. density shall be as limited by that Subdistrict. For property
not within the Urban Residential Frinoe Subdistrict. but within the
Coastal Hioh Hazard Area, density shall be limited to four dwellino
units per acre; density in excess of three dwellino units per acre must
be comprised of affordable-workforce housino 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 Frinoe
Subdistrict and not within the Coastal Hioh Hazard Area, density shall
be limited to sixteen dwellino units per acre; density in excess of three
dwellino units per acre and up to eleven dwellino units per acre must
be comprised of affordable-workforce housino 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 buildino
attached to a commercial buildino or in the case of a freestanding
residential buildino, buildino square feet and acreaoe devoted to
residential uses shall not exceed seventy percent (70%) of the oross
buildino square footaoe and acreaoe of the proiect.
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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 qreatest extent possible use a qrid street
system, or portion thereof, so as to afford maximum opportunity for
interconnections with surroundinq properties and to provide multiple
route alternatives.
D. Pedestrian Pathways.
1. This desiqn criteria is only applicable to streets internal to commercial
mixed use proiect. it is not applicable to proiect portion frontinq on
existinq collector or arterial roadway.
2. The pedestrian pathways alonq the main streets shall be a minimum of
21 feet in width. (See diaqram below)
3. Pedestrian pathways shall be provided pursuant to Collier County LDC
Section 4.02,38 D and shall include: street furnishinqs, a street tree
plantinq zone, and a pedestrian travel zone. (This is not applicable to
internal parkinq lots).
4, 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.
5. 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,
6, Buildinq elements in the form of arcades, overhanqs, siqnaqe,
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 heiqht
above the sidewalk.
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E. Street Furnishinqs & Street Plantinqs.
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1, This desiqn criteria is onlv applicable to streets internal to commercial
mixed use proiect. it is not applicable to proiect portions frontinq on
existinq collector or arterial roadways.
2. Street furnishinqs shall be provided in coni unction with the street tree
plantinq zone. Street furnishinqs shall include benches per LOC
Section 4.06,03 8. 8. one waste/recvclinq receptacle per 300 lineal
feet of street frontaqe. and bike racks per LOC Section 4,05,08. Street
furnishinqs may also include bus shelters, information kiosks, and
similar furnishinqs
3, Site furnishinqs (not associated with an individual business) shall be
coordinated and fabricated of compatible materials.
4. Visual obstructions shall not be allowed within siqht trianqles/spaces at
street intersections pursuant to 4,06.01 0.1 of the LOC.
5. The street tree plantinq 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 branchinq of 8 feet and have an overall plantinq
heiqht of 16 feet. Palm trees are allowed as a substitute to
canopy trees where buildinq 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 landscapinq, the pedestrian travel
zone, and street furnishinqs will not allow canopy trees. Areas
for canopy trees should be included at plazas, street
intersections, and other areas where buildinqs 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 beinq plants native to Florida.
iii. Plantinq zones at the qround plane shall include turf qrass;
qroundcover, low shrubs or flowerinq plants,
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F. Landscape,
1. This desiqn criteria is only applicable to streets internal to commercial
mixed use proiect. it is not applicable to proiect portion frontinq on
existinq 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 beinq plants native to
Florida.
3. Canopy trees used in open landscape areas (other than street trees)
shall be a minimum of 10 feet in heiqht. havinq a 4 foot diameter
spread and a minimum caliper of 1 % inches,
4 Plantinqs shall be a maximum of 25% turf qrass. The balance shall be
qroundcover, low shrubs and/or flowers located in plantinq areas as is
appropriate to the desiqn.
5 Irriqation shall be provided for all plantinq areas, Irriqation 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 apply to the external boundaries of the mixed use development
only, Landscape buffers shall not be required internal to the mixed use
development proiect.
G. Parkinq Lot Landscapinq.
1. Up to 30 % of the landscape islands may have a minimum width of 5
feet inside plantinq 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
heiqht.
3, The perimeter of all parkinq lots frontinq public riqht-of-ways shall be
screened to a minimum heiqht of 24 inches usinq walls, fences,
landscapinq or any combination thereof.
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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:
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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 projection 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. SiQn Types & Definitions.
1. Definitions
a. Sandwich boards: A portable sion comprised of two slon
panels hinoed too ether at the toP.
b. Flao Banners: Fabric panels hanoinQ from or stretched
between brackets proiectino from IiQht poles.
2. Permitted Sion Types.
a. All sions shall be in compliance with Section 5.06 of the Code,
except as follows:
fL AwninQ SiQns: In addition to any other siQn allowed by this
code. The front vertical drip of an awninQ may be stenciled
with letter or Qraphics. A ten percent clear area border is
required on all four sides of the front vertical drip.
c. Proiect Entrance SiQns - Two oround or wall siQns shall be
allowed at the main entrance to the development with a
maximum heiQht of 6 feet subiect to the followinQ requirements.
I. The siqns shall contain on Iv the name of the
development. the insiqnia or motto of the development
and shall not contain promotional or sales material
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ii. The siqns shall be limited to 60 square feet of siQn area
each and shall not exceed the heiQht or lenqth of the
wall upon which it is located.
iii. The Qround or wall siQn 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 Neiqhborhood Amenity Sions - One qround
siQn shall be allowed for each residential tract, parcel or
amenity with a maximum heioht of 4 feet subiect to the
followinq requirements.
I. The siQn shall contain only the name of the residential
neiohborhood and the insiQnia.
ii. The oround or wall siQn shall be limited to 30 square
feet of siqn area and shall not exceed the heiQht of the
lenqth of the wall upon which is located.
iii. Ground or wall siqn shall maintain a 10 foot setback
from any property line unless placed on a wall subiect 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 siQn area in
size and shall only be displayed durinq business hours.
(maximum 2 faces at 6 SQ. feet each).
f. Flaq Banners: Vertical or horizontal panels of woven fabric ror
formed synthetic materiall attached to, and proiectinq from liQht
poles within the proiect that act to identify. throuQh 1000.
letterinq. or a combination thereof. the unified control of the
proiect from developer throuQh and to proiect's Association.
The maximum sian area shall be proportional to the heiaht 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 desiQnated fixtures located
within the proiect at the time of site development plan
submission. The number of desiQnated fixtures for such panels
shall be proportionate in number to parcels at a ratio of one to
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six (1 to 6), and are restricted to application within the
commercial locations or sections of the proiect.
3. Prohibited Siqn Types.
a. Portable or mobile siQns except sandwich boards.
b. Off-site siqns.
c. Proiectinq or Pole sjqns
d. Fluorescent colors
K. ParkinQ Requirements. Mixed-use developments have the opportunity to
provide a variety of parkinq options to residents and patrons. Mixed-use
proiects reduce vehicular trips. and the number of required park spaces by
utilizinq pedestrian-oriented desiQn and reducinQ the distance between
residential and commercial uses.
1. Definitions.
a. On-street Parkinq - ParkinQ spaces located adiacent to. and
accessed directly from the roadway.
b. Off-street Parkinq - Parkinq spaces located within parkinQ lots
or parkinq structures and accessed off the roadway.
c. ParkinQ lot - A qround-Ievel area utilized for parkinQ spaces
accessible from the road and usually adiacent to the use it
serves.
d. ParkinQ structure - A multi-level parkinq area utilized for
parkinQ spaces that serve establishments within walkinq
distance of the structure. The structure mayor may not be
adiacent to the establishments it serves.
2. Oesiqn Criteria and Dimensional Requirements On-street Parkinq.
a. Desiqn criteria only applicable to streets internal to commercial
mixed use proiect, not applicable to proiect portion frontinQ on
existinQ collector or arterial roadway
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b. Parallel parkinQ shall be a minimum of 9 feet wide by 23 feet
10nQ. For every four on-street parkinq spaces provided a
landscape island that is 8 feet wide and 15 feet 10nQ and is
surrounded by Type D concrete curbinq. shall be provided in
addition to the pedestrian clear zone landscape requirement.
The corners adiacent to the travel lane shall be anQled at least
45 deQrees away from perpendicular with the curb in order to
provide adequate inqress and eQress from each parallel
parkinq space. Each island shall be planted with hedqes.
Qroundcover and/or qrasses less than 36 inches hiQh and shall
contain at least one small to medium ornamental tree that is a
minimum of 8 feet tall at the time of plantinQ.
c. AnQled parkinQ may be 45 deqrees or 60 deQrees from the
travel lane. Spaces must be a minimum of 9 feet wide and 18
feet 10nQ. For every four on-street parkinQ spaces provided a
landscape island that is 12 feet wide and 15 feet 10nQ and is
surrounded by Type D concrete curbinq. shall be provided in
addition to the pedestrian clear zone landscape requirement.
The island shall be planted with hedQes. qroundcover. and/or
Qrasses less than 36 inches hiqh and shall contain at least one
small to medium ornamental tree that is a minimum of 8 feet tall
at the time of planting
3. Desiqn Criteria and Dimensional Requirements Off-street Parkinq.
a. Location - ParkinQ lots or parkinQ structures shall be located to
the rear of buildinQs located on the main street. or the alonQ the
secondary/side streets. Off-street parkinQ shall not occur in
front of the primary facade.
b. Lots shall be desjqned to keep all circulation between aisles
internal to the lot. Driveways to parkinQ areas shall be a
minimum of 24 feet wide.
c. 90 deqree parkinq spaces shall have a minimum drive aisle
width of 24 feet and stall size of 9 feet by 18 feet.
d. 60 deqree anQled parkinQ shall have a minimum drive aisle
width of 20 feet. if one-way. and 24 feet. if two-way. Parkinq
stall size shall be a minimum of 9 feet x 18 feet.
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4. Handicap Parkina. Handicap parkinq shall be located to facilitate the
most direct and safest route to buildinq entries and meet all applicable
codes.
5. Parkina Structures.
a. ParkinQ structure facades shall be desianed to screen views of
automobiles by the qeneral public from adiacent streets and
driveways.
b. Parkinq structures without qround floor retail or residential uses
alonq the front facade shall have a minimum 10-foot wide,
Buildinq Foundation LandscapinQ pursuant to section
4.06.00. of the Code. Where the parkina structure is attached
to the buildinq or adiacent to preserve area. and the preserve
area meets the otherwise required landscapinQ. no additional
landscapinQ is required.
1. All structures with uncovered parkinQ 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 parkinQ inteqral to the
structure. or suitable architectural features to soften the
buildinq edQe.
lL Parkinq structure liqhtinq shall be a maximum of 20 feet
in heiqht. LiQhtinq shall incorporate full shield cut-offs to
contain Iiqht to the surface of the deck only.
!!L. ParkinQ structures are also allowed to be located below
qrade and below habitable space. These structures
must be accessed from the rear of the buildinQ.
c. General Requirements and Shared ParkinQ Aqreements
I. Desian criteria only applicable to streets internal to
commercial mixed use proiect. not applicable to proiect
portion frontinQ on existinq collector or arterial roadway
ii. The total number of parkinq spaces provided in a
mixed-use proiect shall be determined by the intended
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uses as required by section 4.05.00 of the Code. Off-
street Parkinq and Loadinq unless modified herein.
iii. Commercial areas (with streets internal to the proiect)
must utilize on-street parkinQ to meet at least a portion
of the parkinQ requirement.
!Y:. One half of the on-street parkinQ spaces located within
one block or 0.125 mile, whichever is less. may
contribute toward an individual establishment's parking
requirement.
v. If a commercial area is developed in one phase with
one Site Development Plan application the on-street
parkinQ may be utilized to meet parkinq requirements in
a one-to-one ratio.
vi. The overall parkinQ requirement may be reduced at the
time of Site Development Plan approval by
consideration of a shared parkinQ analysis. The
analysis shall demonstrate the number of parkinQ
spaces available to more than one use or function.
recoQnizinq the required parkinQ will vary dependinQ on
the multiple functions or uses in close proximity which
are unlikely to require the spaces at the same time.
The shared parking analysis methodoloQY will be
determined and aqreed upon by County staff and the
applicant during the pre-application meetinQ. or durinq
onQoinq discussion. durinQ the Site Development Plan
review process.
vii. Establishments providinQ valet parkinQ services may not
utilize parkinq areas desiqnated for shared use for the
storaqe of vehicles parked by this service. unless
allowed by a shared parkinq aQreement.
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 Qatinq or lack of vehicular interconnection
may not utilize on-street parkinQ in the commercial area
to meet the residential parkinQ requirement.
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ix. Residential areas may utilize on-street parkinQ that is
abuttinQ a residential unit to meet the parkinQ
requirement in a one to one ratio. If parkinq spaces are
used to meet a residential parkinq requirement they
may not then be utilized to meet any of the commercial
requirement.
L. Service Areas.
1. Loadinq docks, solid waste facilities. recyclinq facilities and other
services elements shall be placed to the rear or side yard of the
buildinq In visually unobtrusive locations with minimum impacts on
view.
2. Refuse containers and facilities shall be hidden by an opaque wall or
fencinQ of sufficient heioht to screen the bin and any appurtenances,
but not less than 6 feet in heiqht. Chain link fencinq. wood fencinQ and
chain link qates are not allowed. Walls shall be constructed of a
material compatible with the principal structure it is servinQ.
LandscapinQ with vines or other plants is encouraoed. Enclosures
shall include solid lachable qates 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 encouraQed to consolidate and share refuse areas and
equipment.
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LDC Amendment Request
ORIGIN: Copeland Rezoning Request, Petition: RZ-2005-AR-7445
AUTHOR: Michael J. DeRuntz, CFM
Wayne Arnold, Q. Grady Minor & Associates
DEP ARTMENT:
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 (through separate land use petition) 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
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uniform and unique land uses regulations within the VR zoned areas Copeland urban designated
area.
FISCAL & OPERATIONAL IMP ACTS: N/ A
RELATED CODES OR REGULATIONS: Section 2.04.03 Table of Land Uses in Each
Zoning District
GROWTH MANAGEMENT PLAN IMP ACT: 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 ZoninQ Overlay (CZO)
1. Purpose. To create development standards which address the
unique community characteristics of the Copeland community.
2. Applicabilitv. The Copeland ZoninQ 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 desiQnated lands on the Collier County
Future Land Use Map.
72
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COPELAND
ZONING OVERLAY
COLLIER COUNTY, FLORIDA
o
II 200FT. toofT. 600fT, 800n-.
\
SCALE
A44,CSC/ST
\13.
LEGEND
CZO
URBAN OE~ GN A TION
BOUNDARY
PREPARED BY: GRAPHICS AND TEOiNICAL SUPPORT SECT10fi
COMJ.JUNITY OE'tELCPl.4nlT MID EtlVlROfWENTAL SERVICES DIVISION
DATE: "/2004 fiLE: COPELAND-URBAN-M^P.DWG
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3. Permitted uses.
a. All principal and accessory uses permitted bv riqht in the VR-
ACSC/ST zoninq district as identified in section 2.04.03 of the
LOC as of [the effective date of this ordinance] .JD.
the event any conflicts arise between the underlvinq zoninq
district requirements and those contained in the Copeland
Zoninq Overlav. the requirements of the Copeland Zoninq
Overlav shall supersede the underlvinq 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
by 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.
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or fowl in total numbers. and a maximum of 2 horses or other
livestock per acre.
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a. Parkino and storaoe of recreational equipment / commercial
vehicles.
i. Within the VR-ACSC/ST zonino 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 livino, sleepinQ, or housekeeping
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 enqaQed 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 being
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
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Stan Chrzanowski, P.E.
DEPARTMENT: 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 IMPACT: 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.
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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 above NGVD of the
lots or homesite. and the minimum base flood elevation above NGVD as
required in this section. All Qrades must be shown in both NAVD and NGVD. The
information may be shown referenced to one datum with a note on the cover sheet
listinQ a site-specific equation for determininq the Qrades in the other datum
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3.03.05 Sea Level Rise
An analysis shall be required demonstrating the impact of a six (6) inch rise in sea level aOOve
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.
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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.
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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.
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LDC Amendment ReQuest
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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 ~lnd one h31f (5 1/2) feet NGVD I....hen completed, or to such minimum elevations
above the established NGVD d3tum 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,
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conservation, excavations, demolition, and related regulations shall be observed during the
construction of any improvements within Collier County.
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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 10.02.03.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 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:
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:
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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
NAVD).
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A. Preliminary subdivision plat requirements.
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2. Preliminary subdivision plat requirements. . . . . .
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n. Ground elevations based on both t.Re NAVD and NGVD shall be
shown. The information may be shown referenced to one datum
with a note on the cover sheet listinq a site-specific equation for
determininq the qrades 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.
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B. Final plat requirements.
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4. Final subdivision plat submission requirements.
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xii. All final plats presented for approval shall clearly indicate the
finished elevation above NGVD of the roads, the average finished
elevation above NGVD of the lots or homesites. and the minimum
base flood elevation above NGVD as required. All Qrades must
be shown in both NAVD and NGVD. The information may be
shown referenced to one datum with a note on the cover sheet
IjstinQ a site-specific equation for determininq the qrades in the
other datum.
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10.02.05 Submittal Requirements for Improvement Plans.
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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
(i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP,
etc.)
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h. Benchmark, based on NOAA datum (both NAVD and NGVD) .
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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 a-w
feet NGVD when completod, 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.
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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
listinq a site-specific equation for determininq the Qrades in
the other datum.
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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 Iowa 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 IMPACTS: 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. Amendment:Chapter 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.
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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 Heioht Requirements. All Residential Sinqle-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 beinq built hioher than what can be set on that house pad must
sit on a stem wall. or piles, or columns with footinqs, or any similar such desjqn
that does not require a wider fill pad.
2. Exceptions to this section can be souoht based on a site stormwater retention
desiqn done by a Professional EnQineer, licensed in the State of Florida,
showinQ that the site has sufficient water quality retention and water quantity
attenuation on site to prevent the sheddinq of excess runoff onto neiQhborinq
properties and showinq that flood plain compensation has been achieved.
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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, CO II, LLC and Collier County.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: 4.02.23
GROWTH MANAGEMENT PLAN IMPACT: 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
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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.
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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.
w.,.v. Any other treatment which the County Manager or
designee determines to represent the character themes of
this overlay district.
3. FreestandinQ clock towers shall be permitted in non-residential and mixed
use planned unit developments (PUDs) within Activity Center No.9
subiect to the followinq conditions:
a. The clock tower shall not exceed an actual heioht of 35 feet.
measured from the hiqhest point of the crown of the road
adioininq the tower site;
b. The clock tower shall be desiQned 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 diQital clocks shall not be allowed;
d. The clock tower shall not contain any siQnaqe 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.
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LDC Amendment Reauest
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.
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
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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
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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 an 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 Type B and Type A
landscape buffers shall be reduced to a sinQle Type B buffer. When a
fence or wall is used within the buffer a minimum of 50 percent of the
trees and hedqe plantinqs 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.
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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.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services
AUTHOR: Michael Sawyer, Senior Planner,
Landscape Amendment Review Committee
DEP ARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE:
2006- Cycle I
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 IMPACTS: 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 7/2612006, revised
8/21/2006. Revised September 1, 2006.
Amend the LDC as follows:
4.06.05. General Landscaping Requirements
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B. Landscaping requirements for industrial and commercial development.
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4. Building found3tion pl3nting are3S. All shopping center, retail, office, 3partments,
condominiums, clubhouses 3nd e:imil3r uses must provide building foundation pl3nting in the
amount of ten percent of proposed building ground level floor area. These planting 3reas
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must be located adjacent to the primary public t;auilding 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 1.06.05 B.5. below. These areas
must be landscaped 'Nith 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 pl:mting area. Parking lot 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 .....idth of building foundation planting 3re3S must be me3sured from the
b3s0 of the building 3nd must relate to the adjacent building's wall height as herein defined
as follows:
T.'\BLE INSET:
b. Sites loc3ted 3djacent to a permanent water body such as 3 C3n31, lake, bay or gulf m3Y
incorpor3te the required 13ndscape buffer 'Nidth into the building perimeter landscape buffer
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c. Trees required by this section must be of 3n installed size relating to the adjacent
building's 'Nail height, 3S defined belm,>':
TABLE INSET:
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C. Buildina foundation plantinQs. All commercial buildinas. residential buildinas with 3 or
more units, and retail and office uses in industrial buildinas shall provide buildina
foundation plantinQS in the amount set forth in table 4.06.05.C. and illustration 4.06.05.C.
These plantinQ areas shall be located adiacent to buildinQ entrance(s), primary facades,
and/or alonQ facades facinQ a street.
Table 4.06.05.C. Buildina Foundation Plantina ReQuirements
Buildina
footprint under
10,000 sQuare
feet
Buildina
footprint over
10,000 sQuare
feet
All Buildina
with zoned
buildina heiaht
over 50 feet
(LenQth) 25 percent of the combined total of all buildina facade lenQth x
(Width) 10 feet wide = (Area) Total PlantinQ Area Required.
Trees and palms shall be a minimum 10 feet hiQh at plantinQ. Minimum
width of plantinq beds shall be 5 feet.
Trees and palms shall be provided at a rate of 1 per 300 square feet of
required foundation plantinQ area.
(LenQth) 45 percent of the combined total of all buildinq facade lenQth x
(Width) 15 feet wide = (Area) Total PlantinQ Area Required.
Trees and palms shall be a minimum 14 feet hiQh at plantinQ. Minimum
width of plantinq beds shall be 10 feet.
Trees and palms shall be provided at a rate of 1 per 400 square feet of
required foundation plantinq area.
(LenQth) 55 percent of the combined total of all buildinq facade lenQth x
(Width) 20 feet wide = (Area) Total Plantinq Area Required.
Trees and palms shall be a minimum 18 feet hiQh at plantinq. Minimum
width of plantinQ beds shall be 10 feet.
Trees and palms shall be provided at a rate of 1 per 500 square feet of
required foundation plantinq area.
1. Retail and office buildinas shall have foundation plantinQs on at least three buildina
facades. PlantinQs shall occur alonQ at least 30 percent of each these facade lenqths.
2. Minimum plantinQ area width for trees and palms shall be 8 feet.
3. Buildina foundation plantinQs shall be covered with shrub, Qround cover, raised planter
boxes, and ornamental qrass plantinqs, except as provided in item 10 below.
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4. Sidewalks may occur m between the buildintl and foundation plantinQ areas. Sidewalks
may also occur between foundation plantinQ areas and planted islands that meet criteria
7 below
5 A maximum of 50 percent of the required foundation plantinQ may be located in
perimeter buffers.
6. Water manaqement areas shall not occur in foundation plantinq areas.
7. ParkinQ lot islands shall not be used to meet buildinq foundation plantinq area
requirements, except for islands contiquous to foundation plantina areas that exceed
minimum width requirements.
8. Buildinas with overhead doors and/or open vehicular use areas alonq buildino
perimeters that are visible from any road, access, or residence shall provide a Type B
landscape buffer or approved equivalent alonq the entire perimeter opposite these
features. The required foundation plantinqs for these buildintls shall be reduced by 20
percent.
9. All proiects may use the followinQ alternatives to meet the requirements of Table
4.06.05.C:
a. Turf Qrass may be used for up to 30 percent of the buildina foundation plantina
area when required tree heiQhts are increased by 2 feet.
b. Decorative pavinQ areas incorporatinq courtyards, walkwavs, water features,
plazas, covered seatinQ and outdoor eatinq spaces may be used to meet up to
20 percent of the required buildintl foundation plantinq area.
c. Vine planted arbors, wall planters, and trellis structures may be used to meet up
to 15 percent of the required buildintl foundation plantinQ area.
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Illustration 4.06.05.C.
Building Foundation Planting Area
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..,...,., .
.'-...
"," "-
~ "
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""V
./ " . .. ...
7 *C4
Buildina Foundation Calculation Formulas
Buildings under 10,000 square feet.
Total of all facades (A+B+C+D) x .25 x 10'= Total square feet of foundation plantinqs required.
Buildings over 10,000 square feet and under 50 feet aetual zoned building heiaht.
Total of all facades (A+B+C+D) x .45 x 15'= Total square feet of foundation plantinQs 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 plantinQs required.
[Renumber C-K to D-Ll
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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 of this 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.
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13. Materials and colors.
a. Purpose and intent. Exterior building colors and materials
contribute significantly to the visual impact of buildings on the
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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 bl3ck, gr3Y, florescent,
prim3ry or second3ry colored materbls or finish paint is limited to
no more th3n ten percent of :3 f3cade or the tot31 roof 3re3, except
that natur:3lly occurring materials 3re permissible, such as marble,
granite, and slate and the follo'....ing man m3de materbls: silver
unp3inted metal roofs.
Exterior buildinq colors.
i. The use of color materials or finish paint above level 8
saturation (chroma) or below liqhtness 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 occurrinq materials are permissible,
such as marble, Qranite, and slate and the followinQ 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.
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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
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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-9..[
desiQnee 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 manaQer or desiqnee ::ldministr::ltor 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 desiqnee ::ldministr::ltor shall be sufficient.
a. If the owner of the subiect property, his aoent. or the person doinq 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
desiqnee may issue a citation, which may result in the imposition of a fine
up to and includinQ $500, or may initiate further administrative or iudicial
enforcement proceedinQs. In addition, the county manaQer or desionee
may impose administrative costs on the responsible owner, aqent. or
person. Nothinq set forth herein is intended to limit any existinq leqal
riqht or recourse that the alleqed violator may have to contest the stop
work order.
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LDC Amendment Request
ORIGIN: Transportation Division
AUTHOR: Steve Preston
DEP ARTMENT:
Stormwater Management
AMENDMENT CYCLE: Cycle 1, 2006
LDC PAGE: LDCIO:34
LDC SECTION(S): 10.02.03 B.1.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 IMPACTS: 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 IMPACT: 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
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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 (Le.,
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.
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(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.
(x) The South Florida Water Manaqement 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 manaqement control elevation(s) and
overflow elevation(s) (referenced to the North
American Vertical Datum, 1988 (NAVD '88), latest
adiustment), and NGVD.
(xiii) 25-year/ 3-day desiQn discharQe at control
structure( s).
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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 1,2006
LDC PAGE: 10:46, 10:47
LDC SECTION: 10.02.03 B.4.b and c
CHANGE: Once construction begins, it must be completed within two years with the ability to
receive a single one-year extension to complete construction. Commencement of construction
defined as the pre-construction conference.
REASON: Complaints from the community of inadequate time to complete the construction of a
project.
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
Submittal Requirements For Site Development Plans
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b. Approved site development plans (SDPs) only remain valid and in
force for two years from the date of their approval unless
construction has commenced, 3S follows. If actual construction
has not commenced within two years, measured by the date of
the SDP approval letter, the site development plan approval term
expires and the SDP is of no force or effect; however, one
amendment to the SOP may be approved prior to the expiration
date, which would allow the SDP, as amended, to remain valid for
two years measured from the date of approval of the amendment
so long as the proposed amendment complies with the
requirements of the then existing code. Once construction has
commenced, the approval term will be determined as follows:
c. The construction of infrastructure improvements approved by an
SDP or SOP Amendment shall be completed, and the engineer's
completion certificate provided to the engineering services
director, within 18 months 2 years of the pre-construction
conference, which will be considered the date of 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 or SDP Amendment approval
term expires the SDP is of no force or effect.
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LDC Amendment ReQuest
ORIGIN: Engineering Services Department
AUTHOR: Maryann Devanas, Senior Planner
DEPARTMENT:
Engineering Services Department
AMENDMENT CYCLE: Cycle 1, 2006
LDC PAGE: LDClO:136-l37
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'
aSSOCIatIOns 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 NOTESNERSION 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 hfs. 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
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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, projectsl
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, includinQ 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.
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5. A release of a PUD commitment determined to be no 10nQer necessary
shall be brouoht as an aQenda item to the Board of County
Commissioners for their approval.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Ray Bellows, Zoning Manager
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 1 - 2006
LDC PAGE:
LDCIO: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 BCe.
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 IMPACTS: 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
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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 aRG-a PYG document alonq 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 application 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 PYG 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
zoninq 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 fl-Name of project;
b. Index/table of contents;
G Q.. List of exhibits which are proposed to be included in the ordinance of
adoption;
G f. 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);
g f. Description or narrative of project development;
R g. Boundary survey (no more than six months old) and legal description;
. n. Proposed and permitted land uses within each tract or increment which shall
be incorporated into the ordinance of adoption;
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j i. 8. 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 1. The proposed timing for location of, and sequence of phasing or incremental
development within the PUD;
. 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;
en. Information about existing vegetative cover and soil conditions in sufficient
detail to indicate suitability for proposed structures and uses;
P Q. The location and nature of all existing public facilities, such as schools, parks
and fire stations that will service the PUD;
€t Q. 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;
~ 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 servicos zoninq and land development
review department director may request schematic architectural drawings
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(floor plans, elevations, perspectives) for all proposed structures and
improvements, as appropriate;
v !d. 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 zoninQ 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 pl::mning services zoninq 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.
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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
regulations.
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)
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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.
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LDC Amendment Request
ORIGIN: Staff
AUTHOR: Comprehensive Planning Staff and Alexandra 1. Sulecki, Sr.
Environmental Specialist, Environmental Services Department
DEPARTMENT: Comprehensive Planning
AMENDMENT CYCLE # OR DATE: Cycle 1~ 2006
LDC PAGE: LDC1:25, 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 IMP ACTS: 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 IMP ACT: 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.
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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.
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Text previously located on pages 125-128
have been removed at Board direction.
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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
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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.
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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 manaQement plans have been obtained
from the appropriate local. state and federal aQencies. These permits may
include but are not limited to permits for wetland impacts or for listed species
protection.
4. Where Qreater veqetation protection is required in the Rural Frinoe Mixed Use
District. a hiQher native veoetation protection requirement may not allow for the
full one (1) acre of clearinQ.
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 riqht-of-way for an electrical transmission fine or public utility distribution line
has been established and constructed, Collier County shall not require any clearinq
permits for veQetation removal. maintenance, tree pruninQ or trimminq within the
established and constructed rioht-of-way. Trimmino and pruninq shall be in
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accordance with section 4.06.05.J.1 of this Code. All needed environmental permits
must be obtained from the appropriate aqencies and manaqement plans must
comply with aqency requlations and Quidelines. These may include but are not
limited to permits for wetland impacts and manaQement plans for listed species
protection.
7. After a publicly owned road riqht-of-way or publicly owned canals that are within the
road riQht of way have been leqally secured, Collier County shall not require any
c1earinQ permits for veqetation removal. maintenance, tree prunino or trimminq
within the established road rioht-of-way. Trimminq and pruninq shall be in
accordance with section 4.06.05.J.1 of this code. All needed environmental permits
must be obtained from the appropriate aqencies and manaqement plans must
comply with aQency requlations and quidelines. These may include but are not
limited to permits for wetland impacts and manaqement plans for listed species
protection.
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LDC Amendment Request
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ORIGIN: Community Development and Environmental Services
AUTHOR: Barbara Burgeson, Principal Environmental Specialist
DEP ARTMENT: Environmental Services Department
AMENDMENT CYCLE: Cycle I, 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 IMP ACTS: 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
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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)
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inch to 400 feet when such photographs are not available from the County. The
location of seagrass beds shall be verified by 3 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.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services
AUTHOR: Susan Mason, Senior Environmental Specialist
DEPARTMENT:
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 and
amending the appeal process to allow applicants to appeal a decision by the County Manager, or
designee, regarding land use petitions to the EAC..
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 IMP ACTS: 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 NOTESNERSION 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 3ggrieved by action of the E/\C may 3ppeal to the 82/\. S3id
appeal sh311 be in aooordanoe with the procedure and standards of section
10.02.02 for 3ppe31 of 'Nritten interpret3tions.
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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 allowinq treated stormwater to be discharoed in Preserves as
allowed in section 3.05.07 .
8.06.04 Membership.
A. Appointment. Nine (9) reqular 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 meetinqs when reQular members have
notified staff that they will be absent. Alternate members will participate in
discussions and vote when replacinq a reQular 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 fetl.f--f 4 1 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
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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 1 technical reQular members and
threo ( 3 1 non-technical reqular 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.
A. Any person aqqrieved by the decision of the county manaqer or his desiqnee
reoardinQ 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 aoqrieved person and the county manaqer or
his desiQnee of the date, time and place that such appeal shall be heard; such
notification will be qiven 21 days prior to the hearinq 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 hearinQ the
aoqrieved person and staff shall submit to the EAC and to the county manaqer
or his desiQnee copies of the data and information they intend to use in the
appeal. and will also simultaneously exchanQe 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 reqular session, will make the final decision to affirm,
overrule or modify the decision of the county manaoer or his desiQnee in liqht of
the recommendations of the EAC.
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LDC Amendment Request
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ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara Burgeson, Principal Environmental Specialist
DEPARTMENT: Environmental Services Department
AMENDMENT CYCLE: Cycle 1, 2006
LDC PAGE: LDC10:6; LDC10:11
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 IMPACTS: 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.
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Amend the LDC as follows:
Section 10.02.02 Submittal Requirements for all Applications
A. Environmental impact statements
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2. Applicability; environmental impact statement (EIS) required. Without
first obtaining approval of an EIS, or Qualifyinq 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 location
to preserve areas 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 JWQ.LEIS 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.
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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.
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4. Information required for application.
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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 fullv
functional for its intended use after a six-inch rise in sea level as required
by the Growth Manaoement Plan.
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7. Exemptions.
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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 f::1mily 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.
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h. A conventional rezone with no site plan or proposed development plan. This
exemption does not apply to lands that include any of the followinQ zoninq, overlavs
or critical habitats: Conservation (CON), Special Treatment (ST), Area of Critical
State Concern (ACSC), Natural Resource Protection Areas (NRPA's), Rural FrinQe
Mixed Use (RFMU) SendinQ Lands, Xeric Scrub, Dune and Strand, Hardwood
Hammocks, or any land occupied by listed species or defined by an appropriate State
or Federal aQency to be critical foraQinq habitat for listed species.
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LDC Amendment Request
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ORIGIN: CDES
AUTHOR: Tor Kolflat
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: Cycle 1, 2006
LDC PAGE: LDCI:IO
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 & OPERATIONAL IMP ACTS: None
RELATED CODES OR REGULATIONS: Throughout the Code.
GROWTH MANAGEMENT PLAN IMPACT: 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 Zoninq District
ACOE Army Coros of Enqineers
ACP Aaricultural Cleaninq Permit
ADA Americans with Disabilities Act
ACSC Bla Cypress Area of Critical State Concem
ADT Average Daily Trips (transportation)
AHDB Affordable Housing Density Bonus
ALF Assisted Living Facility
APFC Adequate Public Facilities Certificate (APFC)
ASI Area of Siqnificant 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
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BFE Base Flood Elevation I
BMUD Bayshore Mixed Used District
BP Business Park Zoninq District
BZA Collier County Board of Zoning Appeals
CAO County Attorney'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 Manaqement Element of the Growth Manaqement Plan
CMS ConcurrencY Manaqement System
CCPC Collier County Planninq 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 Proqram
CMO Corridor Manaqement Overlay
C.O. Certificate of Occupancy
COA Certificate of Public Facilities Adequacv
CON Conservation Zoninq 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 Reqionallmpact
DSAC Development Services Adyisorv Committee
DSWT Drv 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 Aqency
ERP Environmental Resource Permit
EXP Excavation Permit
FAC Florida Administrative Code
FAR Floor Area Ratio
FBC Florida Building Code
FOEP Florida Department of Environmental Protection
FOOT Florida Department of Transportation
FEMA Federal Emergency Management Agency
FFWCC Florida Fish and Wildlife Conservation Commission
FIHS Florida Interstate Hiqhway System
FIRM Flood Insurance Rate Map
FIS Flood insurance study
FLDO Final Local Development Order
FLUCFCS (FOOT 1999) 'Florida Land Use Coyer and Forms Classification System" (FOOT 1999)
FLUE Future Land Use Element of the Collier County Growth Manaqement Plan
FLUM Future Land Use Map of the Collier County Growth Manaqement Plan I
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F.S.I Fla. Stat. Florida Statutes
FSA Flow Way Stewardship Area
FSP Final Subdivision Plat
GC Golf Course Zonino 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 Gateway Trianole Mixed Use District
GIS Geooraphic information system
GWP Ground Water Protection Zone
GZO Goodland Zonino Overlay
HSA Habitat Stewardship Area
HVAC Heating, Ventilation, & Air Conditioning
I Industrial Zonino District
ICBSD Immokalee Central Business Subdistrict
LDC Collier County Land Development Code
L1NDAR
LPA Local Plannina Aaencv
LOS Level of Service
LSPA Littoral Shelf Plantina Area
MIF Multi-Familv Use or Zonina
MH Mobile Home
MHO Mobile Home Overlav
MHWL Mean Hiah 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 Distrlct
NPDES National Pollution Discharae Elimination Svstem
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 Sauare Inch
PSP Preliminary Subdivision Plat
PUD Planned Unit Development
RCW Red Cockaded Woodpecker
RFMU Rural Fringe Mixed-Use
RLS Reauest for Leaal Services
RLSA Rural Lands Stewardship Area
RNC Residential Neiahborhood Commercial Subdistrict
ROW Right-of-way
RSF-1-2-3-4-5-6 Residential Sinale-Family
RMF-6 Residential Multiple-Familv District 6
RMF-12 Residential Multiple-Familv District 12
RMF-16 Residential Multiple-Familv District 16
RT Residential Tourist District
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SBCO Santa Barbara Commercial Overlay District I
SBR School Board Review
SIC Standard Industrial Classification
SOP Site Development Plan
SF Sinqle-Familv
SIP Site Improvement Plan
SFWMD South Florida Water Management District
SLOSH Sea, Lake, and Overland Surge from Hurricane
SLR Sound Level Reduction
SRA Stewardship Receivinq Area
SSA Stewardship Sendinq Area
ST Special Treatment Area Zoninq Overlay
ST -NAR Special Treatment Area Zoninq for Natural Aquifer Recharoe
SWM permit Surface Water Manaqement Permn
TCEA Transportation Concurrency Exemption Areas
TCMA Transportation Concurrency Manaqement Areas
TCMS Transportation Concurrency Manaqement System
TDR Transfer of Development Rights
TIS Transportation Impact Statement
TND Traditional Neighborhood Design
TP Turtle Permit
TTRVC Travel Trailer Recreational Vehicle CamOQround
UMAN Unified Wetland Mitiqation Assessment MethodoloqV
USDOTFHA U.S. Dept. of Transportation Federal Highway Administrator
USFWS United States Fish and Wildlife Service
VOB Vehicle on the Beach Permit
VR Villaqe Residential Zoninq Districts
VRP Veqetation Removal Permit
VRSFP Veqetation Removal and Site Fill Permit
W Waterfront District
WRA Water Retention Area (within RLSA)
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LDC Amendment Request
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ORIGIN: Building Review & Permitting
AUTHOR: Diana Compagnone
DEPARTMENT:
Building Review & Permitting
AMENDMENT CYCLE: Cycle 1, 2006
LDC PAGE: LDCl:? 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 04/14106. 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,.:. and which does not project more th:m 1 B inches from such
structure or :Jbovo the roofline. Mansard signs shall be considered wall signs. (See Section
5.06.00.)
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5.06.04 Sign Standards for Specific Situations
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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:
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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
building.;. aM .:.
i. The County ManaQer or desiQnee may administratively
vary the dimension requirements of clear area, in cases
where architectural des ion 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 3dhere to the dimensions provided for in the unified sign
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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 buildinqs with three or more stories are limited to 1 wall
sian per street frontaQe not to exceed a maximum of 2 wall siQns
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
buildinQ not to exceed the main roof or parapet. A
notarized authorization letter is required at the time of
buildinq permit submittal from the property owner or
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Property ManaQement Company QivinQ 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 footaQe
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
unit(s) occupied by a business with a minimum of 10
percent clear area on each outer edqe of the unit(s) .
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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 1
CHANGE:
1.
2.
Spell out the word AgriculturallRural.
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 IMPACT: 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:
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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- Aqricultural/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 zoninq 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.
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Section 2.04.00 Table of Land Uses in Each Zoning District
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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) '0
.........
\.) < c:<:ll ~ ~ ~ ~ ~ ~
\J ~ ~ V:i V:i V:i V:i V:i
~ ~ ~ ~ ~
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.
Residenti:11 Neighborhood Commercial is not included, 3S it deals 'I.'ith home
occup3tions.
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 zoninq within the Golden Gate Estates subdivision, the Golden Gate
Area Master Plan restricts the location of conditional uses.
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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.
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LDC Amendment ReQuest
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ORIGIN: Community Redevelopment Agency (CRA) Advisory Board
AUTHOR: David Jackson, Exec. Director
DEPARTMENT:
CRA 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, & 10.03.05.
GROWTH MANAGEMENT PLAN IMPACT: 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.
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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
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applicable underlying zoning category.
b. Existing Planned Unit Developments (PUDs) are not included subiect to
ffi the Bayshore Overlay District requirements; however, PUDs approved
applications submitted, and found sufficient. after March 3, 2006 are
included in the Bayshore Overlay District and must comply with the
requirements stated herein.
c. Amendments or boundary chanQes to PUDs that existed prior to March 3,
2006 are not subiect to the Bayshore Overlay District requirements.
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BMUD Map No.1
J
_:=J
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I
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iill
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1
/~
i( =-::~
\
~~)
~L-
l ~~ BMU~~~:R3
;) \~~ ~
( ~~ , ~
,
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U~~
'\ '\
BMU~Rl
(RM~
Bayshore Mixed Us. Ov.rlay District
~ BIIUD-NC
il (MH)
BMUD-NC Nolghborhood Commorclol Subdistrict
I,
II'
J
BIIUD.R3 R
APZ ACCMaory Parking Z....
BMUD.W Wolorfront Bubdlalrlcl
8aTANlCAL PU.CIi
I'UD.~.,....
...'"
BMUD.Rl Rooldontlol Subdlalrlct 1
BMUD.R2 Roaldontlol Subdlolrlct 2
.
BMUD.R3 Rooldontlol Subdlalrlcl3
\
~
!
C11UWa P'OIIifTI PUD
bIIudIlII.........
BMUD.R4 Rooldanll.1 Subdlolrlcl4 S
.
(XXX) Undo, Lying Zoning
BMU~R2 (RIIF4I)
BIIU~Rl
(RSF-4)
Future land Us.
~ Activity Center 18
. . .. eRA Boundary
--;!-
BDTANICAL G.UaEN flUD
-~"""BIIUD
BMU~NC
(C.2)
~
BMU~R4
(RSF.3)
R
.
NORTH
UbLUYPUO.
..........1IILO
IAIALU'fIl'UD.
bel...... fNm IIIUD
.
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_""~'~'<,....."^.,~._-_.,_.......
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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.
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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:
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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 approv::l1 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.
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Table 1. Permissible land Uses in BMUD Mixed Use Subdistricts
P = permitted
- -
E = permitted with certain - N M -
I I .,.
Cii - 0:: 0::
exceptions - I - - 0::
.(3 ;: 0::
- N M -
... - - -
Q) Q) - - -
Blank cell = prohibited "'CI E u u u u u
0 .~ .~ .~ .~ .~
E - - - -
(also see table of () - .r!! .r!! .!!! .r!!
0 .r!!
conditional and accessory () () "'CI "'CI "'CI "'CI "'CI
.c .c .c .c .c
uses) CJ) "'CI ~ ~ ~ ~ ~
0 CJ) CJ) CJ) CJ) CJ)
0 - Cii Cii
.s::: IV IV
~G c +:: +:: +:: +::
0 c c c c
...
.cz 't: Q) Q) Q) Q)
.s:::_ Q) "'CI "'CI :2 :2
0) - '(i) en en en
'(j) . IV Q) Q) Q) Q)
z ;: 0:: 0:: 0:: 0::
C. C C C C C
:J :J :J :J :J :J
:E-g :E :E :E :E :E
land Use Type or Category InUl In In In In In
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Automobile ParkinQ 7521 E~
Automotive Repair, Services, 7514,7515.7521.
and ParkinQ 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
BikinQ Trails
B03t De31ers aaa.:t
Bowling Centers 7933
Building Construction 1521-1542
Building 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.
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Business Services 7311,7313,7322- P P
7338, 7384
Business Services 7311-7313,7322-
7338,7361-7379,
7384, 7389
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Marinas 4493,4499 p P
Multi-Family Dwellings p P
Parks, Public or Private P p P
Performing Arts Theater 7922 p10
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g 1Q Performance seating limited to 200 seats
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CHAPTER 4
SITE DESIGN AND DEVELOPMENT STANDARDS
4.02.00 Site Design Standards
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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.
Design Standards
front yard build-to-line 5 feet from the property line to the building
footprint.
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 10 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 '.vhich 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-line for Bayshore.
* [This is to allow for an entry courtyard or
additional landscaping, if desired].
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.!;!. 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 abuttinQ adjacent to Haldeman Creek may engage
in boat rental operations.
3. Lots abuttinQ 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 R1 Rresidential
Subdistricts, property. A minimum 10-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.
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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.
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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 qreater 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.
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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 Sayshore Drive.
3. All boat racks shall be enclosed, with a wall or fence. The fence material
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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.
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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.
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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.
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BMUD Figure 6: Garage Driveway (For illustrative purposes only)
G8nlge
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c. 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.
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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.
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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 a5Q 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.
.t 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.
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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
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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 8.9. 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.]
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LDC Amendment Request
ORIGIN: Community Redevelopment Agency (CRA) Advisory Board
AUTHOR: David Jackson, Exec. Director
DEPARTMENT: CRA Advisory Board
AMENDMENT CYCLE: Cycle 1, 2006
LDCPAGE: ?
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 IMPACTS: None
RELATED CODES OR REGULATIONS: 4.02.35, 4.02.36.
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.
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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
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development requirements shall be as required in the applicable underlying
zoning classification.
b. Existing Planned Unit Developments (PUDs) are not included in subiect to the
Gateway Triangle Mixed Use District requirements; however, PUDs
applications submitted, and found sufficient. 3ppro'led 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 Gateway Trianole Overlay District requirements.
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 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.
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GTMUD Map No.1
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~
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(1l8F-4)
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NOR1H
Gat_v Triangle Mixed Use Overlay District
GTMUD-MXD Mixed U.. Subdllllrlct
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(XXX) Under Lying ZonIng DlatrIcls
Future Land Use
~ Activity Center 16
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3. Mixed Use Project Approval Process.
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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:
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i 2. 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.
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p= permitted GTMUD
)..
E = permitted with certain :5
exceptions ffi
:s:
0
Blank cell = prohibited (also see 1LI
table of conditional and accessory ~
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Land Use Type or Category 0:::
Business/Office Machines
Canoe Rental
Canoeing Trails
Care Units P
Carwashes 7542
Category" 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
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4.02.35
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DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE
SUBDISTRICT (MXD)
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E. Landscaping and Buffer Requirements.
.t. 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, abuttina residential property. A minimum
buffer 1 O-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.
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4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD--RESIDENTIAL
SUBDISTRICT (R)
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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 ~ 570 square feet, limited
to one (1) habitable floor.
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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 & OPERA TIONAL IMPACTS: 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,
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184
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SANTA BARBARA COMMERCIAL SUBDISTRICT
COLLIER COUNTY. FLORIDA
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PREPARED BY, GRAPHICS AND TEC"NICAL SUPPORT SECTION
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FilE: GGMP-39-J.OWG DATE: 6/2006
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SANTA BARBARA COJlJlERt;IA~ SUBDISTRICT
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H__ ___,___."....._ . ^---..-'-'-
LDC Amendment Reauest
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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.
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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
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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 8.1., will not be required. '.^lhere
equipment such 3S gener3tors 3nd 3ntenn3S 3re visible above the surrounding
fencos or w311s, Proiections visible above the fence or wall shall be screened
from view by trios of sabal palms with a minimum clear trunk height of 8-12 feet
fmISt Each palm shall be planted ~ 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 fencffi9g or wall, as applicable.
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LDC Amendment Reauest
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
LDCfUDC 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 & OPERATIONAL 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 manmade bodies of water includino retention areas for all
developments subiect to section 5.05.08 and 3.05.10.
a. Confiouration of water manaoement areas. The shape of a
manmade body of water. includino retention and detention areas,
must be desioned to appear natural with curvilinear edoes. See
"Bodv of Water Shapes" fioure below. An alternative desion may
be approved as a part of the desion of the buildina. if the desion
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of the water manaoement area is related to the architectural
desion of the buildina.
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 buildina 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 followinq standards apply to detention and
retention areas exceedinq twelve feet in width. All bodies of water,
includinq retention areas exceedinq 20,000 square feet. and which abut
a public riaht-of-wav, must incorporate into overall desion of the proiect
at least two of the followinq items:
i. A walkway 5 feet wide and a minimum of 200 feet lonq, with trees
of an averaqe of 50 feet on center and with shaded benches, a
minimum of 6 feet in lenoth or picnic tables with one located every
150 feet.
ii. Fountains.
iii. Partiallv shaded plaza/courtyard, a minimum of 200 square feet in
area, with benches and/or picnic tables abuttina the water-body,
or retention areas.
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LDC Amendment Reauest
ORIGIN: Building Review & Permitting
AUTHOR: Diana Compagnone
DEPARTMENT:
Building Review & Permitting
AMENDMENT CYCLE # OR DATE: Cycle 1, 2006
LDC PAGE: LDC4:l26, 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, 1 O.02.03.B.l. 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 IMP ACTS: None
RELATED CODES OR REGULATIONS: See above,
GROWTH MANAGEMENT PLAN IMPACT: 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.
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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 pl3n sh311 be submitted 3nd m3de a p3rt of the
3pproval for the neighborhood 'Iillage center site development
plan. The 3pproved unified sign pl3n v.'ill establish sign3ge
specific3tions 3nd will therefore become the sign regul3tions that
will apply to the neighborhood 'Iillage center. The unified sign pl3n
sh311 adhere to soction 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.
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B. Signs within non-residential districts:
1. Design criteria ::md unified sign pian. '.^/here multiple on premise
signs are proposed for 3 single site or project, or in the oase of 3
shopping center or multi use building, a unified sign pl3n shall be
employed. An application for site do':elopment or site improvement
pl::m 3ppro'lal shall be 3ccomp3nied by 3 graphic ::md narr3tive
representation of the unified sign pl3n to be utilized on the site. The
unified sign plan must be 3pplied for by the property o\-\'ner, or his or
her authorized agent. The unified sign pl3n m3Y be amended and
resubmitted for 3pprov31 to reflect style ch3nges or ch3nging tenant
needs. Design elements which shall be addressed in both graphic
and n3rrative form include:
a. Colors;
b. Construction m3teri3ls and method;
c. ,^.rchitectural design;
d. IIIumin3tion method;
e. Copy style;
f. Sign type(s) and location(s); and, conformance '.vith the
follov.'ing:
i. The sign shall not be in the sh3pe 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 manaaer of the property and the applicant is
required. specifically authorizina 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
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1,000-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 LDC.
f. The qround or pole sian shall not be in the shape of a loqo
and the loqo shall not protrude from the siqn.
************************************************************************
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
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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.
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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
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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 pl::m as required
Section 5.05.08. Representations
made on the site development plan
shall become conditions of approval.
building pkms :md architectural
drawings submitted in conjunction 'Nith
an application for any building permits
shall be consistent 'lJith the building
plans and architectural drawings
submitted and approved for the SDP
or SIP.
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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 IMP ACTS: None
RELA TED CODES OR REGULATIONS: 5.06.03.A.3
GROWTH MANAGEMENT PLAN IMPACT: 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
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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 displayed in numerals at least 6 inches hioh on upper 50 percent of
sian face(s) and located so as to not be covered by 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.
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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 IMP ACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: Created 3/24/06, rev, 4/14/06, rev, 5110/06
Amend the LDC as follows:
5.06.04 Sign Standards for Specific Situations
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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:
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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
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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.:.T-aRG
I. The County ManQer or desiQnee may
administratively vary the dimension requirements of
clear area, in cases where architectural desiQn 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 pl3n
d. No wall or mansard sian shall proiect more than 18 inches
from the buildinQ or roofline to which it is attached.
e. Multi-story buildinas with three or more stories are limited
to 1 wall sian per street frontaQe 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 building not to exceed the main roof
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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 unites) occupied by a business with a
minimum of 10 percent clear area on each outer
edoe of the unites).
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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
LDC SUPPLEMENT #:
CHANGE: To exempt signs on public use facilities and uses from Section 5.06.04,
REASON: Signs on Public Use facilities and uses are informational in nature and not
commercial advertisement. The signs are also intended to increase the amount of
information that will direct and identify buildings, and different entry points and uses of
buildings and facilities. They are intended to help promote efficient movement of
emergency services and general public, thus promoting standards of health, safety, and
welfare,
FISCAL & OPERATIONAL IMPACTS: none
RELATED CODES OR REGULATIONS: none
GROWTH MANAGEMENT PLAN IMPACT: none
OTHER NOTESNERSION DATE: Created 5/16/06, rev 5/23/06, rev. 6/15/06,
rev, 11/14/06
Amend the LDC as follows:
[As currently defined in LDC section 1.08:
Hospital: A building or group of buildings having facilities for overnight care of one (1)
or more human patients, providing medical, surgical, and skilled nursing services to
inpatients; services include primary and/or urgent care treatment for injuries, disease,
illness, or traumas; may include incidental and subordinate facilities, such as laboratories,
outpatient services, training facilities, central service facilities, or staff facilities, ]
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5.06.04. Sign Standards for Specific Situations
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18. Siqnaqe for Public Use Facilities: These requirements applv to
sians for public use facilities. as identified below. where sians are
informational and contain no commercial advertisements.
Siqnaqe for these facilities is exempt from the requirements
provided in section 5.06.02 A.7 (Conditional uses within residential
and aqricultural districts). In addition, the number of sians,
location and distance restrictions per section 5.06.04.C shall not
apply to public use facility siqnaqe. Applications for such sian
permits must be applied for accordinq to the requirements of
section 10.02.06.B.2 (Buildinq permit applications for sians).
Public facilities consist of:
a. Government buildinqs and or uses, such as public parks &
libraries, law enforcement. fire departments, and
emerqency medical services.
b. Accredited public or private schools K-12.
c. Hospitals: As defined in the LDC.
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LDC Amendment Reauest
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
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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:
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5. Menu boards: One menu board with a maximum height of 6 ft. measured
from drive thru qrade adiacent to menu board and 64 square feet of copy
area per drive thru lane.
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LDC Amendment Reauest
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
RELA TED CODES OR REGULATIONS: none
GROWTH MANAGEMENT PLAN IMPACT: none
OTHER NOTESNERSION DATE: created 3/20/06
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:
****************************************************************
8. Sign age 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.
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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.
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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 IMPACTS: 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 IMP ACT: 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. includina principal 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 existina yard encroachments. For the purposes of this subsection, minor yard
encro~chments shall be divided into three (3) cl~ssific~tions:
A. Structures for ':,hich ~ building permit h:ls been issued and is under review, but
for which ~ certific~te of occupancy h~s not been gr:lnted. The County M~n~ger
or designee m:lY ~dministr:ltively :lpprove minor ~fter the f:lct yard
encro:lchments of up to five (5) percent of the required yard ,not to exceod ~
m:lximum of six (6) inches. For single family , mobile/modular homes,
duplex , ~nd two f:lmily dwelling units only, in the presence of mitig~ting
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circumst::mces, ...:here the encroachment does not result from error or action on
the part of the applicant ,the County Manager or de&ignee may administratively
approve encroachments of up to t'l.'enty five (25) percent of the required yard.
B. Structures for which a building permit and certificate of occupancy or a final
development order has been granted. The County Manager or designee may
administratively approve minor after the fact yard encroachment& of up to ten
(10) percent of the required yard which requirement was in effect as of the date
on which the certificate of occupancy or final development order was issued,
not to exceed a maximum of t..vo (2) feet. For single family, mobile/modular
home, duplex , and two family dwelling units only, the County Manager 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 effect as of the date on which the certificate of occupancy or
final de':elopment order was issued.
C. Single family, duplox and 1'.\'0 family dwelling units only for which no
building permit record can be produced. Provided that all of the following
criteria are met, the County Manager or designee may administratively approve
minor after the fact encroachments of up to twenty five (25) percent of the
required yard ,provided that:
1. The encroaching structure, or portion of the structure, was constructed prior
to the purchase of the subject property by the current owner.
2. Evidence is presented sho'.ving the encroaching structure, or portion of the
structure, v.'as constructed at lease two (2) years prior to the date of
application for the administrative 'Jariance. This evidence may be in the
form of a survey, property card, or dated aerial photograph clearly showing
the encroachment.
3. The encroaching structure is either an addition of living area to a principal
structure, or an accessory structure of at least 200 square feet in area.
2. The encroachment presents no safety hazard and has no ad'./erse affect on
the public welfare.
3. An after the fact building permit for the structure, or portion of the
structure, is issued prior to the application for the administrative variance.
The administrati'.'e variance will only be appro'./ed once all inspections have
been completed, and the certificate of occupancy will be issued once the
administrative variance has been approved.
D. Under no circumstances shall any administrative variance be approved 'I.'hich
.....ould allow a reduction of the separation behveen structures to less than ten
(10) f-eet. /\dministrative variances approved pursuant to the above do not run
with the land in perpetuity and remain subject to the provisions of this &ection
regarding non conforming structures.
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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 both residential and non-residential structures. the County Manaoer or
desionee may administratively approve minor after-the-fact yard encroachments
of UP to ten (10) percent of the required yard with a maximum of two (2) feet.
1. A buildino permit and certificate of occupancy or a final development
order has been aranted.
2. The encroachment applies to the yard requirement which was in effect as
of the date on which the certificate or occupancy or final development
order was issued.
C. For property supportina a sinole-familv 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 mitiaatino 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
certificate of occupancy will be issued only in cases where an
administrative variance has been approved.
b. The encroachina structure. or portion of the structure. was
constructed prior to the purchase of the subiect property by 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 clearly showino the encroachment.
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d. The encroachino structure is either an addition of livino 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 lawfully 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
chanoes in the required yards, the County Manaoer or desionee may
administratively approve a variance for an amount equal to or less than
the existino yard encroachment.
D. 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.
E. 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.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Ed Morad / 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,OO(C)
GROWTH MANAGEMENT PLAN IMPACT: Minimal
OTHER NOTESNERSION DATE: This version created on March 3, 2006
Amend the LDC as follows:
1.08.02 Definitions
Commercial equipment: Any equipment commonly used in a commercial business, reoardless if
the equipment is actually owned or utilized by a business. Commercial equipment shall include
the followino: earth-movino equipment, landscapino equipment, lawn mowers (push-type or
tractor). tillers. ladders. pipes, spools of electric-type wirino or cable. portable pumps, portable
oenerators, pool c1eanino equipment and supplies. any trailer not recreational in nature (flat-
bed, stake-bed, or fully enclosed), in addition to any other equipment of similar desion or
function.
Commercial vehicles: Any vehicle used in coniunction with a commercial or business activity, or
possessino the followino characteristics. Any motor vehicle not recreational in nature havino a
rated load capacity of oreater than 1 ton, exceedino 7'l1z feet in heioht, 7 feet in width, and/or 25
feet in lenoth. The display of letterino or a similar sion upon a vehicle shall not in and of itself
make a vehicle commercial.
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LDC Amendment Reauest
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
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LDC Amendment Reauest
ORIGIN: Zoning Department
AUTHOR: Catherine Fabacher
DEPARTMENT: Zoning Department
AMENDMENT CYCLE: Cycle 1, 2006
LDC PAGE: LDCl: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 ofthe 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 mcur any fiscal impacts,
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMP ACT: 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
straight lines connecting front and rear lot lines at each side of the lot. measured as straioht lines
between the foremost points of the side lot lines where they intersect with the street line and the
points of the side lot lines where they intersect the rear property line. (see Fioure 9). The width
between the side lot lines at their foremost points 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 applv. The minimum lot width on a cul-de-sac shall be fioured by drawino a
straight line at the chord. then drawing a straight line parallel to it at the required setback line for that
particular zoning district. That new established line shall meet the minimum lot width of that district.
(see Figure 10).
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tJ)
Chord
street
EF = Required Width
Measurement of a cul-de-sac lot width
Lot Line
li'Rtl'AI!EO BY, ~1Il,IJ>Hrcs...NO TECIflICAl.. SlPPORT 5~CT1ON
c'*t.II.J~rr OEVElOf'lolDrr MID OtVAQJONEN'AL SfJII'IlCEl: IJIYllJlON
0",7[: Hl(06 nL(, ~tt>eokR.qr_.mI.1>IIrIlO
1.08.02 - Fiaure 9
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d
a
street
~b;cd = width ~ required width
ab ~ 80% required width
Measurement of Lot Width
PREPA'lED B'IlCI!!,PHlC$"'1lI:I TEt'*llr.AL ~UPPOI!T SECnCJt.l
CCNKiNlT'l' OE..nO"M[t{l',.,.O ~VlfIDNjENTAl J:CRIiIa:~ Ol'~~l
0.0..11:: 10/06 .l.l: '3e1~r_.~\2.DWG
1.08.02 Fiaure 10
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Setback or setback line: A line marking the minimum distance between a right-of-way line, property
line, bulkhead line, shoreline, seawall, mean high water mark, access easement line, or other defined
location and the beginning point of the buildable area. See Figure 2. In the cases of irreoularly
shaped lots. includino culs-de-sac. the depth of the front yard setback may be measured at rioht
anoles to a straioht line ioinino the foremost points of the side lot lines. provided the depth at any
point is never less than the minimum lenoth of a standard parkino space as established within
subsection 4.05.02 M. of the Code.
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LDC Amendment Reauest
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 5.03,06.0
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
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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:
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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
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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 Iight(s),
additional reflectors, or reflectors larger than four (4) inches.
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