Backup Documents 12/14/2006 LDC
BACK-UP
DOCUMENTS
BCC/LDC
MEETING
DECEMBER 14, 2006
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
LDC AGENDA
December 14,2006
5:05 p.m.
SPECIAL MEETING
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
1
December 14,2006
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING
ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA.
ORDINANCE 2006-63
3. ADJOURN
2
December 14,2006
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
Nonnallegal Advertisement
Other: (Display Adv., location, etc.) XXXX
***********************************************************************************************7** ****~
Originating Deptl Div: Comm.Dev.Serv./Planning Person: c~- Lte"',",\ '~bCli~: lo 3 i / 0 &.,
Petition No. (If none, give brief description): \
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet)
Catherine Fabacher, Principal Planner, Dept. of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida
34104
Hearing before
BCC X
BZA
Other
Reque.Sted Hearing date:
12/7/06 Based-on advertisement appearing ~days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
o Legally Required
Proposed Text: (Include lee:al description & common location & Size): See Attached Ad -December 7, 2006 BCC LDC Ad
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Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs:
113-138312-649110
Reviewed by: Approved by:
~Yn.~
/Division Head
Ii' /D:b
Dat
County Manager
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager.
Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County
Attorney before submitting to County Manager.
The Manager's office will distribute copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***************************************************..............*****.****************.***************..
FOR CLERK'S OFFICE USE ONLY: ,...., I I I _ f
Date Received: \ ~ \ \ \60 Date of Public hearing: ~Date Advertised: ~
1
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Community Development and Environmental Services Division
Department of Zoning and Land Development Review
280Q.North Horsesh~Drive · Naples, Florida 34104
Department of Zoning and Land Development Kevlew
October 31, 2006
COLLffiRCOUNTYGOVERNMENT
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish both of the following public notices, each as a
separate advertisement for a Display, ~ page, with map
attached, Legal Notice in your edition of December 1, 2006, and
furnish proof of publication of each advertisement to the
Collier County Development Services Building, Department of
Zoning and Land Development Review, 2800 North Horseshoe Drive,
Naples, Florida 34104, Attention: Cecil.ia Martin and PLEASE
SEND DUPlCATE ORIGINAL to Jeffrey A. Klatzkow, Esqui.re, ACA,
Collier County Attorneys Office, 2800 North Horseshoe Drive,
Sui te 300, Napl.es, Fl.orida 34104 and the Minutes and Records
Department, Bl.dg. F, 3301 E. Tamiami Trail., Napl.es, FL 34112.
DECEMBER 7, 2006
BCC PUBLIC HEARING
NOTICE OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on December 7, 2006, at 5:05 P.M.,
in the Board of County Commissioners Meeting Room, 3rd Floor,
Harmon Turner Building "F," Collier County Government Center,
3301 East Tamiami Trail, Naples, Florida, the Board of County
Commissioners, proposes to take under advisement amendments to
the Collier County Land Development Code, the title of which is
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE LAND
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Phone (239)403-2400
Fax (239) 643-6968 or (239) 213-2913
www.colliergov.net
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01
ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING
DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND
USES, INCLUDING, SECTION 2.01.03 ESSENTIAL
SERVICES, SECTION 2.03.01 RESIDENTIAL ZONING
DISTRICTS, SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY
ZONING DISTRICTS INCLUDING MAPS, SECTION 2.04.03
TABLE OF LAND USES IN EACH ZONING DISTRICT;
SECTION 2.06.01 GENERALLY; CHAPTER 3 - RESOURCE
PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS
FOR SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL
RISE, SECTION 3.05.02 EXEMPTIONS FROM
REQUIREMENTS FOR VEGETATION PROTECTION AND
PRESERVATION, SECTION 3.05.07 PRESERVATION
STANDARDS, SECTION 3.05.10 LITTORAL SHELF
PLANTING AREA; CHAPTER 4 - SITE DESIGN
STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION
REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION
4.02.01 - DIMENSIONAL STANDARDS FOR PRINCIPAL
USES IN BASE ZONING DISTRICTS, SECTION 4.02.13
SAME - DEVELOPMENT IN THE BP DISTRICT, SECTION
4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY CENTER
#9 ZONING DISTRICT, ADDING SECTION 4.02.38
SPECIFIC DESIGN CRITERIA FOR MIXED USE
DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING
DISTRICTS, SECTION 4.03.05 SUBDIVISION DESIGN
REQUIREMENTS, SECTION 4.04.00 TRANSPORTATION
SYSTEM STANDARDS, 4.04.02 ACCESS MANAGEMENT,
SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION
4.06.05 GENERAL LANDSCAPING REQUIREMENTS,
SECTION 4.07.02 DESIGN REQUIREMENTS, SECTION
4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE
PLANNED UNIT DEVELOPMENTS CONTAINING A
COMMERCIAL COMPONENT; CHAPTER 5
SUPPLEMENTAL STANDARDS INCLUDING SECTION
5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK
FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS, SECTION 5.06.02 PERMITTED
SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS
FOR SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR
-2-
SPECIFIC SITUATIONS, SECTION 5.06.06 PROHIBITED
SIGNS; CHAPTER 6 INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIc FACILITIES
REQUIREMENTS INCLUDING, SECTION 6.02.02
MANAGEMENT AND MONITORING PROGRAM, SECTION
6.06.02 SIDEWALKS AND BIKE LANE REQUIREMENTS;
CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE
BODIES INCLUDING, SECTION 8.06.03 POWERS AND
DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION
8.06.10 APPEAL., SECTION 8.08.00 CODE ENFORCEMENT /'
BOARD; CHAPTER 9 - VARIATIONS FROM CODE
REQUIREMENTS INCLUDING, SECTION 9.04.04 SPECIFIC
REQUIREMENTS FOR AFTER-THE-FACT
ENCROACHMENTS, ADDING SECTION 9.04.08 SPECIFIC
REQUIREMENTS FOR ADMINISTRATIVE DEVIATIONS IN
MIXED USE PROJECTS; CHAPTER 10 - APPLICATION
REVIEW AND DECISION-MAKING PROCEDURES
INCLUDING, SECTION 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SECTION
10.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL
REQUIREMENTS FOR PLATS, SECTION 10.02.05
SUBMITTAL REQUIREMENTS FOR IMPROVEMENT
PLANS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS
FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY,
SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD)
PROCEDURES, SECTION 10.03.05 NOTICE
REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE
BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC AND THE HISTORIC
PRESERVATION BOARD; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, PUBLICATION AS
THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
All interested parties are invited to appear and be heard.
Copies of the proposed ordinance are available for public
inspection in the Department of Zoning and Land Development
Review, Community Development Services Center, 2800 N.
Horseshoe Drive, Naples, Florida, between the hours of 8: 00
A.M. and 5:00 P.M., Monday through Friday.
If a person decides to appeal any decision made by the Collier
County Board of County Commissioners with respect to any
matter considered at such meeting or hearing, he will need a
record of the proceedings, and for such purpose he may need to
-3-
ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which
the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Patricia L. Morgan, Deputy Clerk
December 7, 2006 LDC BCC 5 day ad
-4-
November 1, 2006
Attn: Legals,
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: ORD. Notice of Land Development Code Change
Dear Legals:
Please advertise the above referenced notice on Friday, December 1,
2006, and kindly send the Affidavit of Publication, in duplicate, together
with charges involved, to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O./Account # 113-138312-649110
Department of Zoning and Land Development Review
October 31, 2006
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish both of the following public notices, each as a separate
advertisement for a Display, % page, with map attached, Legal Notice in your
edition of December 1, 2006, and furnish proof of publication of each
advertisement to the Collier County Development Services Building,
Department of Zoning and Land Development Review, 2800 North
Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and
PLEASE SEND DUPICATE ORIGINAL to Jeffrey A. Klatzkow, Esquire, ACA,
Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300,
Naples, Florida 34104 and the Minutes and Records Department, Bldg. F,
3301 E. Tamiami Trail, Naples, FL 34112.
December 7, 2006
BCC PUBLIC HEARING
NOTICE OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on December 7, 2006, at 5:05 P.M., in the Board of
County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F,"
Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners, proposes to take under advisement
amendments to the Collier County Land Development Code, the title of which is
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL
PROVISIONS, INCLUDING SEC. 1.08.01 ADDING ABBREVIATIONS, SECTION
1.08.02 ADDING DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES,
INCLUDING, SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01
RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS
INCLUDING MAPS, SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING
DISTRICT; SECTION 2.06.01 GENERALLY; CHAPTER 3 - RESOURCE
PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION
PLATS, SECTION 3.03.05 SEA LEVEL RISE, SECTION 3.05.02 EXEMPTIONS
FROM REQUIREMENTS FOR VEGETATION PROTECTION AND
PRESERVATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION
3.05.10 LITTORAL SHELF PLANTING AREA; CHAPTER 4 - SITE DESIGN
STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR
ALL DEVELOPMENTS, SECTION 4.02.01 - DIMENSIONAL STANDARDS FOR
PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.13 SAME -
DEVELOPMENT IN THE BP DISTRICT, SECTION 4.02.23 SAME -
DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, ADDING
SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE
DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION
4.03.05 SUBDIVISION DESIGN REQUIREMENTS, SECTION 4.04.00
TRANSPORTATION SYSTEM STANDARDS, 4.04.02 ACCESS MANAGEMENT,
SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL
LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS,
SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT
DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT; CHAPTER 5 -
SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND
WALLS, SECTION 5.03.06 DOCK FACILITIES, SECTION 5.05.08
ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02
PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR
SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS,
SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 - INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS
INCLUDING, SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM,
SECTION 6.06.02 SIDEWALKS AND BIKE LANE REQUIREMENTS; CHAPTER 8
- DECISION-MAKING AND ADMINISTRATIVE BODIES INCLUDING, SECTION
8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION
8.06.10 APPEAL, SECTION 8.08.00 CODE ENFORCEMENT BOARD; CHAPTER
9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SECTION 9.04.04
SPECIFIC REQUIREMENTS FOR AFTER-THE-FACT ENCROACHMENTS,
ADDING SECTION 9.04.08 SPECIFIC REQUIREMENTS FOR ADMINISTRATIVE
DEVIATIONS IN MIXED USE PROJECTS; CHAPTER 10 - APPLICATION REVIEW
AND DECISION-MAKING PROCEDURES INCLUDING, SECTION 10.02.02
SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03
SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION
10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05
SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.07
SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY
ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD)
PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC
HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC AND THE HISTORIC PRESERVATION BOARD;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
PUBLICATION AS THE COLLIER COUNTY lAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the
proposed ordinance are available for public inspection in the Department of
Zoning and Land Development Review, Community Development Services
Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00
A.M. and 5:00 P.M., Monday through Friday.
If a person decides to appeal any decision made by the Collier County Board of
County Commissioners with respect to any matter considered at such meeting
or hearing, he will need a record of the proceedings, and for such purpose he
may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
December 7, 2006 LDC BCC 5 day ad
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Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 2, 2006
Catherine Fabacher, Pricipal Planner
Dept. Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Re: Notice Of land Development Code Change
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, December 7, 2006 as indicated
on the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Friday, December 1, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
.
eresa Dillard,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.coUier.fl.us
Fax- (239) 775-2755
Email- coUierclerk@clerk.coUier.fl.us
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
Notice of Land Development Code Change
Attachments:
ORD. Land Development Code Change.doc; ORD. LDC Change 12-7-06.doc; ORD. Notice of
Land Develop. code changes.pdf
Legals,
Please advertise the following on Friday December 1, 2006. There is an attached map that will need to be opened in
adobe.
Any questions, please contact me.
Thank you.
"
ORD. Land ORD. LDC Change ORD. Notice of
velopment Code Chi 12-7-06.doc (3... Land Develop. c...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
1
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, November 03.20069:11 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT2564121.txt; Notice of Land Development Code Change
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Notice of Land
Development Cod...
This is an automatically generated Delivery Status Notification.
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legals@naplesnews.com
1
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, November 03,20069:14 AM
Teresa L. Dillard
Delivered: Notice of Land Development Code Change
Attachments:
Notice of Land Development Code Change
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Notice of Land
Development Cod...
<<Notice of Land Development Code Change>> Your message
To: legals@naplesnews.com
Subject: Notice of Land Development Code Change
Sent: Fri, 3 Nov 2006 09:10:57 -0500
was delivered to the following recipient(s):
legals, NDN on Fri, 3 Nov 2006 09:13:31 -0500
1
Notice of Land Development Code Change
Page I of 1
Teresa L. Dillard
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Friday, November 03, 2006 9:41 AM
To: Teresa L. Dillard
Subject: RE: Notice of Land Development Code Change
OK (I think it's going to be more than 1/4 page)
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Friday, November 03,20069:11 AM
To: legals@naplesnews.com
Subject: Notice of Land Development Code Change
Legals,
Please advertise the following on Friday December 1, 2006. There is an attached map that will need to be opened
in adobe.
Any questions, please contact me.
Thank you.
<<ORD. Land Development Code Change. doc>> <<ORD. LDC Change 12-7-06.doc>> <<ORD. Notice of
Land Develop. code changes.pdf>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239.774.8411
(Teresa. Dillard@Clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
11/3/2006
() n<.Jl ~Cfh:J1 dLC,'jUUI ~CII II VIII LIIC LUIIIIIIUIIIL.!:F I ,~ II II ,
PUBLIC NOTICE
PUBLIC NOTICE
December 7, 2006
PUBLIC NOTICE
BCC PUBLIC HEARING
NOTICE .OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on December 7, 2006, at 5:05 P.M., in the Board of County Commissioners
Meeting Room, 3'd Floor, Harmon Turner Building "F," Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under
advisement amendments to the Collier County Land Development Code, the title of which is as
follows: .
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDESTHECOMPREHENSIVELANDREGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01
ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING DEFINITIONS; CHAPTER 2 - ZONING
DISTRICTS AND USES, INCLUDING, SECTION 2.01.03 ESSENTIAL SERVICES, SECTION
2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT
DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS INCLUDING MAPS, SECTION
2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; SECTION 2.06.01 GENERALLY;
CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR
SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL RISE, SECTION 3.05.02 EXEMPTIONS
FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION
3.05.07 PRESERVATION STANDARDS, SECTION 3.05.10 LITTORAL SHELF PLANTING
AREA; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION
REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.01 - DIMENSIONAL STANDARDS
FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.13 SAME - DEVELOPMENT
IN THE BP DISTRICT, SECTION 4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY CENTER
#9 ZONING DISTRICT, ADDING SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED
USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION 4.03.05
SUBDIVISION DESIGN REQUIREMENTS, SECTION 4.04.00 TRANSPORTATION SYSTEM
STANDARDS, 4.04.02 ACCESS MANAGEMENT, SECTION 4.06.02 BUFFER REQUIREMENTS,
SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS; SECTION 4.07.02 DESIGN
REQUIREMENTS, SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED
UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT; CHAPTER 5 -
SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND WALLS,
SECTION 5.03.06 DOCK FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN
STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT
STANDARDS FOR SIGNS, SECTION 5.b6.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS,
SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS
AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS INCLUDING, SECTION 6.02.02
MANAGEMENT AND MONITORING PROGRAM, SECTION 6.06.02 SIDEWALKS AND. BIKE
LANE REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES
INCLUDING, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP,
SECTION 8.06.10 APPEAL, SECTION 8.08.00 CODE ENFORCEMENT BOARD; CHAPTER
9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SECTION 9.04.04 SPECIFIC
REQUIREMENTS FOR AFTER-THE-FACT ENCROACHMENTS,. ADDING SECTION 9.04.08
SPECIFIC REQUIREMENTS FOR ADMINISTRATIVE DEVIATIONS IN MIXED USE PROJECTS;
CHAPTER 10 - APPLICATION REVIEW AND DECISION-MAKING PROCEDURES INCLUDING,
SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION
10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04
SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS
FOR IMPROVEMENT PLANS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR
CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR
PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC AND THE HISTORIC PRESERVATION BOARD; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
IIIIE
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All interested parties are invited to appear and be heard. Copies of the proposed ordinance
are available for public inspection in the Department of Zoning and Land Development Review,
Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the
hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
If a person decides to appeal any decision made by the Collier County Board of County Commis-
sioners with respect to any matter considered at such meeting or hearing, he will need a, record
of the proceedings, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORidA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
No. 99423454
Dee,llmber 1. 20q6
ORDINANCE NO. 06- 63
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01
ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING
DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND
USES, INCLUDING, SECTION 2.03.01 RESIDENTIAL
ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY
ZONING DISTRICTS INCLUDING MAPS, SECTION 2.04.03
TABLE OF LAND USES IN EACH ZONING DISTRICT;
SECTION 2.06.01 GENERALLY; CHAPTER 3 - RESOURCE
PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS
FOR SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL
RISE, SECTION 3.05.02 EXEMPTIONS FROM
REQUIREMENTS FOR VEGETATION PROTECTION AND
PRESERVATION, SECTION 3.05.10 LITTORAL SHELF
PLANTING AREA; CHAPTER 4 - SITE DESIGN
STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION
REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION
4.02.16 DESIGN STANDARDS FOR THE BMUD
NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION
4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN
THE BMUD WATERFRONT SUBDISTRICT, SECTION
4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN
THE BMUD RESIDENTIAL SUBDISTRICT (R1), SECTION
4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY
CENTER #9 ZONING DISTRICT, SECTION 4.02.35 DESIGN
STANDARDS IN THE GTMUD MIXED USE SUBDISTRICT
(MXD), SECTION 4.02.36 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GTMUD RESIDENTIAL
SUBDISTRICT (R), ADDING SECTION 4.02.38 SPECIFIC
DESIGN CRITERIA FOR MIXED USE DEVELOPMENT
WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION
4.03.05 SUBDIVISION DESIGN REQUIREMENTS, SECTION
4.04.02 ACCESS MANAGEMENT, SECTION 4.06.02
BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL
LANDSCAPING REQUIREMENTS, SECTION 4.07.04
SPECIAL REQUIREMENTS FOR MIXED USE PLANNED
UNIT DEVELOPMENTS CONTAINING A COMMERCIAL
COMPONENT; CHAPTER 5 SUPPLEMENTAL
STANDARDS INCLUDING SECTION 5.03.06 DOCK
FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND
SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED
SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS
FOR SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR
SPECIFIC SITUATIONS, SECTION 5.06.06 PROHIBITED
SIGNS; CHAPTER 6 INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES
REQUIREMENTS INCLUDING, SECTION 6.02.02
MANAGEMENT AND MONITORING PROGRAM, SECTION
6.06.02 SIDEWALKS AND BIKE LANE REQUIREMENTS;
CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE
BODIES INCLUDING, SECTION 8.06.03 POWERS AND
Page 1 of 96
Words 5tffi€.k.-through are deleted, words underlined are added
DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION
8.06.10 APPEAL, SECTION 8.08.00 CODE ENFORCEMENT
BOARD; CHAPTER 9 - VARIATIONS FROM CODE
REQUIREMENTS INCLUDING, SECTION 9.04.04 SPECIFIC
REQUIREMENTS FOR MINOR AFTER-THE-FACT
ENCROACHMENTS; CHAPTER 10 - APPLICATION
REVIEW AND DECISION-MAKING PROCEDURES
INCLUDING, SECTION 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SECTION
10.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL
REQUIREMENTS FOR PLATS, SECTION 10.02.05
SUBMITTAL REQUIREMENTS FOR IMPROVEMENT
PLANS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS
FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY,
SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD)
PROCEDURES, SECTION 10.03.05 NOTICE
REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE
BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC AND THE HISTORIC
PRESERVATION BOARD; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATES.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of
County Commissioners adopted Ordinance No. 91-102, the Collier
County Land Development Code (hereinafter LOC), which was
subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners
(Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed
and superseded Ordinance No. 91-102, as amended, the Collier County
Land Development Code, which had an effective date of October 18,
2004; and
WHEREAS, the LOC may not be amended more than two times in
each calendar year unless additional amendment cycles are approved by
the Collier County Board of Commissioners pursuant to Section 10.02.09
A. of the LDC; and
WHEREAS, this is the first amendment to the LDC for the
calendar year 2006; and
WHEREAS, on March 18, 1997, the Board adopted Resolution
97-177 establishing local requirements and procedures for amending the
LOC; and
WHEREAS, all requirements of Resolution 97-177 have been
met; and
WHEREAS, the Board of County Commissioners, in a manner
prescribed by law, did hold advertised public hearings on September 20,
2006 and October 25, 2006 and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby
determined by this Board to be consistent with and to implement the
Page 2 of 96
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Collier County Growth Management Plan as required by Subsections
163:3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and
pursuant to the local government comprehensive planning and land
development regulation act (F.S. ~ 163.3161 et seq.), and F.S. ~
125.01(1)(t) and (1)(w); and
WHEREAS; this ordinance is adopted pursuant to the
constitutional and home rule powers of Fla. Const. Art. VIII, ~ 1 (g); and
WHEREAS, all applicable substantive and procedural
requirements of the law have otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE:
RECITALS
The foregoing Recitals are true and correct and incorporated by
reference herein as if fully set forth.
SECTION TWO:
FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby
makes the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, etseq., Fla.
Stat., the Florida Local Government Comprehensive Planning and Land
Oevelopment Regulations Act (herein after the "Act"), is required to
prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in
particular Section 163.3202(1). Fla. Stat., mandates that Collier County
adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., provides that it is the intent of
the Act that the adoption and enforcement by Collier County of land
development regulations for the total unincorporated area shall be based
on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), Fla. Stat., requires that all land
development regulations enacted or amended by Collier County be
consistent with the adopted comprehensive plan, or element or portion
thereof, and any land regulations existing at the time of adoption which
are not consistent with the adopted comprehensive plan, or element or
portion thereof, shall be amended so as to be consistent.
5. Section 163.3202(3), Fla. Stat., states that the Act shall be
construed to encourage the use of innovative land development
regulations.
6. On January 10, 1989, Collier County adopted the Collier
County Growth Management Plan (hereinafter the "Growth Management
Plan" or "GMP") as its comprehensive plan pursuant to the requirements
of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 F.A.C.
7. Section 163.3194(1)(a), Fla. Stat., mandates that after a
comprehensive plan, or element or portion thereof, has been adopted in
conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in
regard to land covered by such comprehensive plan, or element or
portion thereof shall be consistent with such comprehensive plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development
order or land development regulation shall be consistent with the
comprehensive plan if the land uses, densities or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the
local government.
Page 3 of 96
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9. Section 163.3194(3)(b), Fla. Stat., requires that a
development approved or undertaken by a local government shall be
consistent with the comprehensive plan if the land uses, densities or
intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities,
or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier
County Land Oevelopment Code, which became effective on November
13, 1991 and may be amended twice annually. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by
Ordinance 04-41.
11. Collier County finds that the Land Oevelopment Code is
intended and necessary to preserve and enhance the present
advantages that exist in Collier County; to encourage the most
appropriate use of land, water and resources consistent with the public
interest; to overcome present handicaps; and to deal effectively with
future problems that may result from the use and development of land
within the total unincorporated area of Collier County and it is intended
that this Land Development Code preserve, promote, protect and
improve the public health, safety, comfort, good order, appearance,
convenience and general welfare of Collier County; to prevent the
overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water,
sewerage, schools, parks, recreational facilities, housing and other
requirements and services; to conserve, develop, utilize and protect
natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain
through orderly growth and development, the character and stability of
present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of
Collier County to implement the Land Oevelopment Code in accordance
with the provisions of the Collier County Comprehensive Plan, Chapter
125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS
Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.01 Abbreviations
A Aaricultural Zonina District
ACOE Armv Coros of Enaineers
ACP Anricultural Cleaninn Permit
ADA Americans with Disabilities Act
ACSC Bia CVDress Area of Critical State Concern
ADT Average Daily Trips (transportation)
AHDB Affordable Housing Density Bonus
ALF Assisted Living Facility
APFC Adequate Public Facilities Certificate (APFC)
ASI Area of Sianificant Influence
ASTM American Society for Testing and Materials
ATF After the Fact
AUIR Annual Update and Inventory Report
BD Boat Dock Petition
BOA Collier County Building Board of Adjustments and Appeals
BCC Collier County Board of County Commissioners
BFE Base Flood Elevation
BMUD Bavshore Mixed Used District
BP Business Park Zonina District
BZA Collier County Board of Zoning Appeals
CAO County Attornev's Office
C-1 Commercial Districts
Page 4 of 96
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C-2 Commercial Convenience District
C.3 Commercial Intermediate District
C-4 General Commercial District
C-5 Heavv Commercial District
CCME Conservation and Coastal Manaaement Element of the Growth Manaaement
Plan
CMS Concurrencv Manaaement Svstem
CCPC Collier County Plannina Commission
CCSL(P) Coastal Construction Setback Line (Permit)
COD Community Develooment District
CEB Code Enforcement Board
CDES Community Develooment & Environmental Services
CF Community Facilitv
CFR Code of Federal Register
CIE Caoitallmorovement Element
CIP Caoitallmorovement Proaram
CMO Corridor Manaaement Overlav
C.O. Certificate of Occuoancv
COA Certificate of Public Facilities Adeauacv
CON Conservation Zonina District
CRD Comoact Rural Develooment
CSP Conceptual Site Plan
CU Conditional Use
DBH Diameter at Breast Height
DCA Deoartment of Community Affairs
DEP Department of Environmental Protection
DO Development Order
DRI Develooment of Reaionallmoact
DSAC Develooment Services Advisorv Committee
DSWT Drv Season Water Table
E Estates Zonina District
EAC Collier County Environmental Advisory Council
EAR Evaluation and Aooraisal Reoort
EIS Environmenlallmpact Statement
EPA Environmental Protection Aaencv
ERP Environmental Resource Permit
EXP Excavation Permit
FAC Florida Administrative Code
FAR Floor Area Ratio
FBC Florida Buildinq Code
FDEP Florida Department of Environmental Protection
FOOT Florida Department of Transportation
FEMA Federal EmerQency ManaQement AQency
FFWCC Florida Fish and Wildlife Conservation Commission
FIHS Florida Interstate Hiahwav Svstem
FIRM Flood Insurance Rate Map
FIS Flood insurance study
FLOO Final Local Development Order
FLUCFCS (FOOT "Florida Land Use Cover and Forms Classification System" (FOOT
1999) 1999)
FLUE Future Land Use Element of the Collier County Growth Manaqement
Plan
FLUM Future Land Use MaD of the Collier Countv Growth Manaaement Plan
F.S./ Fla, Stat. Florida Statutes
FSA Flow Way Stewardship Area
FSP Final Subdivision Plat
GC Golf Course Zonina District
GGAMP Golden Gate Area Master Plan
GGPPOCO Golden Gate Parkway Professional Office Commercial Overlay District
GMP Collier County Growth ManaQement Plan
GPCD Gallons per Capita per Day
GT Gopher Tortoise
GTMUD Gatewav Triannle Mixed Use District
GIS Geonranhic information system
GWP Ground Water Protection Zone
GZO Goodland Zonina Overlav
HSA Habitat Stewardship Area
HVAC HeatinQ, Ventilation, & Air Conditionina
I Industrial Zoninn District
ICBSD Immokalee Central Business Subdistrict
LDC Collier County Land Development Code
L1NDAR
LPA Local Plannina Aaencv
LOS Level of Service
Page 5 of 96
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LSPA Littoral Shelf Planlina Area
M/F 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 Neiahborhood Commercial District
NPDES National Pollution Discharae Elimination Svstem
NGS National Geodetic Survev
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 oer Sauare Inch
PSP Preliminary Subdivision Plat
PUD Planned Unit Development
RCW Red Cockaded Woodoecker
RFMU Rural Fringe Mixed-Use
RLS Reauest for Leaal Services
RLSA Rural Lands Stewardshio Area
RNC Residential Neiahborhood Commercial Subdistrict
ROW Right-of-way
RSF-1-2-3-4-5-6 Residential Sinale-Familv
RMF-6 Residential Multiole-Familv District 6
RMF-12 Residential Multiole-Familv District 12
RMF-16 Residential Multiole-Familv District 16
RT Residential Tourist District
SBCO Santa Barbara Commercial Overlav District
SBR School Board Review
SIC Standard Industrial Classification
SOP Site Development Plan
SF Sinale-Familv
SIP Site Improvement Plan
SFWMD South Florida Water Management District
SLOSH Sea, Lake, and Overland Surge from Hurricane
SLR Sound Level Reduction
SRA Stewardshio Receivina Area
SSA Stewardshio Sendina Area
ST Soecial Treatment Area Zonina Overlav
ST-NAR Soecial Treatment Area Zonina for Natural Aauifer Recharae
SWM oermit Surface Water Manaaement Permit
TCEA Transoortation Concurrencv Exemotion Areas
TCMA Transoortation Concurrencv Manaaement Areas
TCMS Transoortation Concurrencv Manaaement Svstem
TOR Transfer of Development Rights
TIS Transoortation Imoact Statement
TND Traditional Neighborhood Design
TP Turtle Permit
TTRVC Travel Trailer Recreational Vehicle Camoaround
UMAN Unified Wetland Mitiaation Assessment Methodoloqv
USDOTFHA U.S. Dept. ofTransportation Federal Highway Administrator
USFWS United States Fish and Wildlife Service
VOB Vehicle on the Beach Permit
VR Villaae Residential Zonina Districts
VRP Veaetation Removal Permit
VRSFP Veaetation Removal and Site Fill Permit
W Waterfront District
WRA Water Retention Area (within RLSAl
SUBSECTION 3.B.
AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Page 6 of 96
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Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
1.08.02 Definitions
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Boat lift canODV: A coverina that is applied to a boat lift over a leaallv permitted dock.
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Commercial eauioment: Anv equipment used in a commercial business, reaardless if the
equipment is actuallv owned or utilized bv a business. Commercial eauipment shall include
the followina: earth-movina equipment. landscapina equipment. lawn mowers (push-tvpe or
tractor), tillers. ladders, pipes, spools of electric-tvpe wirinq or cable, portable pumps,
portable qenerators, pool cleanina equipment and supplies, any trailer not recreational in
nature (flat-bed. stake-bed, or fullv enclosed), in addition to any other equipment of similar
desian or function.
Commercial vehicles: Anv vehicle used in coniunction with a commercial or business activity,
or possessina the followina characteristics. Anv motor vehicle not recreational in nature
havina a rated load capacity of areater than 1 ton, exceedina 7Y:z feet in heiaht. 7 feet in
width, and/or 25 feet in lenath. The displav of letterina or a similar sian upon a vehicle shall
not in and of itself make a vehicle commercial.
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Dock facility: Includes walkways, piers, boathouses and pilings associated with the dock.
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House Dad: The fill placed on the oriainal around of a lot upon which a house with an
attached aaraae is built: as differentiated from yard, drivewav, detached aaraae or drain field
fill pads.
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Pedestrian Dathwav: The area between the Road Riahts-of-Wav and the buildina within the
Commercial Mixed Use Proiect and the Residential Mixed Use PUD Proiect. The Pedestrian
pathway shall include: street furnishinas: a street tree plantina 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 furnishinas 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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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 whioh doos not projoot mora than 18 inohos from
such structuro or abovo tho rooflino. Mansard signs shall be considered wall signs. (See
Section 5.06.00.)
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SUBSECTION 3.C.
AMENDMENTS TO SECTION 2.03.01 Residential Zoning Districts
SECTION 2.03.01 Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.01 Residential Zoning Districts
A. Rural Agricultural Oistrict "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
Page 7 of 96
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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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SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.06 Planned Unit Development Districts
SECTION 2.03.06 Planned Unit Development Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.06 Planned Unit Development Districts
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G. Residential Mixed Use Neiahborhood Center PUD Desian Criteria.
1:. Purpose and Scope. The Residential Mixed Use Neiahborhood Center
PUO Desiqn Criteria is intended to encouraae the develoDment of
residential projects with a limited mix of commercial uses with a
context of smart qrowth desiqn. Such mixed-use projects are intended
to be developed at a human-scale with a pedestrian orientation,
interconnectinq with adiacent project. whether commercial or
residential. The Residential Mixed Use Neiqhborhood Center PUO is
allowed in the Urban Mixed Use Oistrict contained within the FLUE and
subiect to the standards and criteria set forth under the Residential
Mixed Use Neiqhborhood Subdistrict and the reaulations contained
herewith.
.6... Residential PUO mixed use proiects shall complv with the followinq
standards and criteria. These desian criteria are applicable to
Residential Mixed Use Proiects, those projects approved prior to the
effective date this amendment. shall not be reauired to adopt the
desian criteria contained here within durinq any future PUD
amendments.
Page 8 of 96
Words struck tHrough are deleted, words underlined are added
a. Uses in the commercial component are limited to those allowed
in the C-1. C-2 and C-3 zonina districts as contained in the
Collier County Land Development Code.
b. The commercial component shall be no laraer than 10 acres in
size and shall not exceed 80.000 sauare feet of aross 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 utilizina the Residential Mixed
Use PUD shall be areater than 5 acres.
e. No sinale commercial use in the commercial component shall
exceed 15.000 sauare feet of aross leasable floor area. except
that a arocerv store or supermarket shall not exceed 45.000
sauare 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 Oensity 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
eauivalency. 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 project. 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 project 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 project 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.
Page 9 of 96
Words struck through are deleted, words underlined are added
n. The commercial component of the proiect shall be internally
located with no direct access to adiacent external roadways.
or the commercial component shall have frontaae on a road
classified as an arterial or collector in the Transportation
Element.
o. If the commercial component is not internally located. then its
frontaae shall be no areater than twice its depth.
p. For proiects located alona 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 alona 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
diaaram. )
b. Pedestrian pathways shall be provided pursuant to section
4.02.3 8 0 of the LOC and shall include: street furnishinas. a
street tree plantina zone. and a pedestrian travel zone. (This
is not applicable to internal parkina lots.)
c. Overhead arcades. awninas or canopies. may extend over the
dinina and display zone as well as the pedestrian travel zone at
a minimum heiaht of 8 feet. Furnishinas or other obstructions
shall be kept out of the pedestrian travel zone.
d. Outdoor dinina at buildina arcades or outdoor areas may be
enclosed by planters. decorative fencina. or comparable
moveable barriers. The dinina area shall not encroach into the
pedestrian travel zone.
e. Buildina elements in the form of arcades, overhanas, sianaae,
marauees, 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 heiaht above the sidewalk.
Page 10 of96
Words strode through are deleted, words underlined are added
--",-~.""--,,,_._.,----
MIXED USE
PEDESTRIAN PATHWAY SECTION
(Internal Street Section)
~
~ 5' MIN.STREET TREE
PLANTING ZONE~ ___
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4' MIN. FROM FACE I AWNING
OF CURB TO ___ ~ OR ARCAD
I :~ - - -:~
171~ I II 18,1 DINING AN
r 0 '"III.~ 0 DISPLAY ZON
I~ _~ II
00 00 \ I
" ~
--1-
8' MIN. HEIGHT
J
5' MINIMUM
''-3' CAR DOOR ZONE PEDESTRIAN
TRA VEL ZONE
21' MINIMUM
----PEDESTRIAN PATHWAY -I
PREPARED BY, OFFICE OF GRAPHICS AND TECHNICAL SUPPORT
COMMUNITY DEVElOPMENT AN!> ENVIRONMENTAL SERVICEs DIVISION
DATE' 812006 FILE' PADESTRIAN PATHWAY
4. Street Furnishinas & Street Plantinas.
a. Street furnishinas shall be provided in coniunction with the
street tree plantina zone. Street furnishinas shall include
benches per LDC Section 4.06.03 B. 8. one waste/recyclina
receptacle@ per 300 lineal feet of street frontaae. and bike
racks per LOC Section 4.05.08. Street furnishinas may also
include bus shelters. information kiosks, and similar
furnishinas.
Page 11 of96
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b. Site furnishinas (not associated with an individual business)
shall be coordinated and fabricated of compatible materials.
c. Visual obstructions shall not be allowed within siaht
trianales/spaces at street intersections pursuant to section
4.06.01 0.1 of the Code.
d. The street tree plantina zone shall have a minimum width of 5
feet and a minimum lenath of 10 feet and be located parallel to
the curb. Root barriers are reauired to protect sidewalks and
utilities.
1. Within the street tree plantina 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 heiaht at the start of
branchina of 8 feet and have an overall plantina heiaht
of 16 feet. Palm trees are allowed as a substitute to
canopy trees where buildinCl 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
landscapina. the pedestrian travel zone, and street
furnishinas will not allow canopy trees. Areas for
canopy trees should be included at plazas, street
intersections. and other areas where buildinCls are set
back and space will allow.
ii. Plantinas shall include a variety of tree and shrub
species with at least 50% of the reauired trees and 35%
of the reauired shrubs beina plants native to Florida.
iii. Plantina zones at the around plane shall include turf
arass: aroundcover. low shrubs or flowerina plants.
5. Landscape.
a. General Landscape.
1. Provide a variety of tree and shrub species with at least
50% of the reauired trees and 35% of the reauired
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.
Hi. Plantinas shall be a maximum of 25% turf arass. The
balance shall be around cover. 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 reauirements shall apply to the external
boundaries of the mixed use development only.
Landscape buffers shall not be reauired internal to the
mixed use development proiect.
b. Parkina Lot Landscapina.
Page 12 of 96
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I. Up to 30 percent of the landscape islands may have a
minimum width of 5 feet inside plantina area and shall
be planted with a palm tree eauivalent.
ii. Minimum tree size shall be 1 % " caliper and a minimum
of 10 feet in heiqht.
iii. The perimeter of all parkina lots frontinq public riaht-of-
ways shall be screened to a minimum heiqht of 24
inches usinq walls. fences. landscapina or anv
combination thereof.
iv. Parkinq lot perimeter landscapinq areas shall be a
minimum of 8 feet in width. Shrubs shall be arranaed in
a staqaered pattern with a minimum size of 3 aallons at
the time of plantinq 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 riqht-of-way
may be used to meet this reauirement.
6. Buildina Foundation Plantinqs
a. Buildina foundation plantinqs shall be reauired per section
4.06.05.B.4.. of the Code except as follows: The buildina
reaardless of its size. shall provide the eauivalent of 10% of its
qround level floor area. in buildina foundation plantinq area. A
continuous buildina foundation plantina width is not reauired
per section 4.06.05.B.5.a. of the Code. However, the
foundation plantinas shall be located within 21 feet of the
buildina edae in the form of landscaped courtyards and
seatina area landscapina.
7. Buildina Architectural Standards
a. The Mixed Use Proiects shall include architectural features that
provide visually interestina buildina desiqn at a scale
appropriate for pedestrian and automobile.
i. Buildina facades shall be desiqned to reduce the
mass and scale of the buildina, by providinq arcades.
windows, entry features. and other desian 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 massina. 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 desian 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.
Page 13 of96
Words stntelc throHgh are deleted, words underlined are added
ii. A buildina recess or projection of the first floor with
minimum depth of 8 feet and total minimum lenoth of 60
percent 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 percent 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
reauired minimum depth.)
8. Sian Types & Definitions.
a. Definitions
i. Sandwich boards: A portable sian comprised of two
sian panels hinoed toaether at the toP.
ii. Flao Banners: Fabric panels hanaina from or stretched
between brackets projectina from Ijoht poles.
b. Permitted Sian Types
I. All sians shall be in compliance with Section 5.06 of the
Code. except as follows:
ii. Awnino Sians: In addition to any other sian allowed by
this code. The front vertical drip of an awnino may be
stenciled with letter or oraphics. A ten percent clear
area border is reauired on all four sides of the front
vertical drip.
iii. Proiect Entrance Sians - Two around or wall sians
shall be allowed at the main entrance to the
develoDment with a maximum heiaht of 6 feet subiect
to the followina reauirements.
a) The sians shall contain only the name of the
develoDment. the insionia or motto of the
development and shall not contain promotional
or sales material
b) The sians shall be limited to 60 sauare feet of
sian area each and shall not exceed the heioht
or lenoth of the wall upon which it is located.
c) The oround or wall sian shall maintain a 10 foot
setback from any property line unless placed on
a wall subject to the restrictions set forth in the
Section 5.06 of the Code.
c. Residential and Neiohborhood Amenity Sians - One around
sian shall be allowed for each residential tract. Darcel or
amenity with a maximum heioht of 4 feet subject to the
followino reauirements.
L. The sian shall contain only the name of the residential
neiohborhood and the insiania.
11. The around or wall sian shall be limited to 30 sauare
feet of sian area and shall not exceed the heioht of the
lenoth of the wall upon which is located.
Page 14 of96
Words struck tHrough are deleted, words underlined are added
iii. Ground or wall sian shall maintain a 10 foot setback
from any property line unless placed on a wall subject to
the restrictions set forth in the Code.
Q. Sandwich boards are permitted on the above qround floor. one
per establishment, not to exceed 6 square feet of sian area in
size and shall only be displayed durinq business hours.
(maximum 2 faces at 6 Sq. feet each).
e. Flaq Banners: Vertical or horizontal panels of woven fabric ror
formed synthetic materiall attached to. and proiectinq from liqht
poles within the project that act to identify. throuqh loqo.
letterinq. or a combination thereof. the unified control of the
project from developer throuqh and to proiect's Association.
The maximum sian area shall be proportional to the heiqht of
the pole:
1. 16 feet pole - 15 Sq ft. maximum (2 faces at 15 square
feet each
i1. 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
1:. Seasonal and/or Special Events Banners: Vertical or horizontal
panels that may be attached to desiqnated fixtures located
within the project 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 six (1 to 6). and are restricted to application within the
commercial locations or sections of the proiect.
q. Prohibited Sian Types
i. Portable or mobile sians except sandwich boards.
ii. Off-site sians.
iii. Proiectinq or Pole sians
IV. Fluorescent colors
9. Parkinq Requirements. Mixed-use proiects have the opportunity to
provide a variety of parkinq options to residents and patrons and
remove parkinq areas as the focal point of the development. Mixed-
use projects reduce vehicular trips. and thereby reducinq the number
of parkinq spaces. by utilizinq pedestrian-oriented desiqn and reducinq
the distance between residential and commercial uses.
a. Definitions
1. On-street Parkinq - Parkinq spaces located adiacent
to. and accessed directly from the roadway.
ii. Off-street Parkinq - Parkinq spaces located within
parkinq lots or parkinq structures and accessed off the
roadway.
iii. Parkinq lot - A qround-Ievel area utilized for parkinq
spaces accessible from the road and usually adiacent
to the use it serves.
iv. Parkinq structure - A multi-level parkinq area utilized
for parkinq spaces that serve establishments within
walkinq distance of the structure. The structure may
or may not be adiacent to the establishments it serves.
Page 15 of96
Words struck tHroUgH are deleted, words underlined are added
b. Desjqn Criteria and Dimensional Requirements On-street
Parkinq
L Parallel parkinq shall be a minimum of 9 feet wide by 23
feet lonq.
ii. 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 lonq.
c. Desiqn Criteria and Dimensional Requirements Off-street
Parkinq
L Location - Parkinq lots or parkinq structures shall be
located to the rear of buildinos located on the main
street. or the alonq the secondary/side streets. Off-
street parkinq shall not occur in front of the primary
facade.
ii. Lots shall be desiqned to keep all circulation between
aisles internal to the lot. Drivewavs to parkinq areas
shall be a minimum of 24 feet wide.
iii. 90 deqree parkinq spaces shall have a minimum drive
aisle width of 24 feet and stall size of 9 feet by 18 feet.
iv. 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.
d. Handicap Parkinq. Handicap parkinq shall be located to
facilitate the most direct and safest route to buildino entries
and meet all applicable codes.
e. Parkinq Structures
L Parkinq structure facades shall be desiqned to screen
views of automobiles by the qeneral public from
adiacent streets and driveways.
ii. Parkinq 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 parkinq 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 parkinq inteqral to the
structure. or suitable architectural features to soften
the buildina edqe.
iv. Parkinq structure liqhtinq shall be a maximum of 20
feet in heiqht. Liqhtinq shall incorporate full shield cut-
offs to contain liqht to the surface of the deck only.
v. Parkinq structures are also allowed to be located
below qrade and below habitable space. These
structures must be accessed from the rear of the
buildina.
Page 16 of96
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f. General Requirements and Shared Parkinq Aqreements.
1. The total number of parkinq 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 proiect)
must utilize on-street parkinq to meet at least a portion
of the parkinq requirement.
iii. 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 parkino
requirement.
iv. If a commercial area is developed in one phase with
one site develooment olan application the on-street
parkinq may be utilized to meet parkinq requirements in
a one-to-one ratio.
v. The overall parkino requirement may be reduced at the
time of site develooment olan approval bv
consideration of a shared parkino analvsis and
aoreement. The analvsis shall demonstrate the number
of parkino spaces available to more than one use or
function. recoqnizino the required parkinq will vary
dependino on the multiple functions or uses in close
proximity which are unlikelv to require the spaces at the
same time. The shared parkinq analvsis methodoloqv
will be determined and aoreed upon bv County staff and
the applicant durinq the pre-apolication meetinq. or
durino onooino discussion, durinq the site
develooment olan review process.
vi. Establishments providinq valet parkinq services may not
utilize parkinq areas desionated for shared use bv a
shared parkino aoreement for the storaoe of vehicles
parked bv this service. unless allowed bv the shared
parkinq aoreement.
vii. Residential areas that are within a block or 0.125 mile
of a commercial area but are not directlv accessible bv
a vehicle due to oatinq or lack of vehicular
interconnection may not utilize on-street parkino in the
commercial area to meet the residential parkinq
requirement.
viii. Residential areas may utilize on-street parkino that is
abuttina a residential unit to meet the parkino
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.
10. Service Areas
a. Loadino docks, solid waste facilities, recvclino facilities and
other services elements shall be placed to the rear or side yard
of the buildina in visuallv unobtrusive locations with minimum
impacts on view.
b. Refuse containers and facilities shall be hidden bv an opaque
wall or fencino of sufficient heiqht to screen the bin and any
appurtenances. but not less than 6 feet in heioht. Chain link
fencinq, wood fencinq and chain link oates are not allowed.
Page 17 of 96
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Walls shall be constructed of a material compatible with the
principal structure it is servina. Landscapina with vines or
other plants is encouraaed. Enclosures shall include solid
latchable aates to avoid blowina refuse.
c. Service area recesses in the buildinQ and/or depressed
access ramps should also be used where applicable.
d. Businesses are encouraaed to consolidate and share refuse
areas and eauipment.
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SUBSECTION 3. E.
AMENDMENTS TO SECTION 2.03.07 Overlay Zoning Districts
SECTION 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
H. Santa Barbara Commercial Overlay District "SBCO". Special conditions
for properties abutting the east side of Santa Barbara Boulevard, as
referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the
Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below.
Page 18 of96
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'l~fl.P "
SA ..'1'4 IlMUlMiA CQUNUIf.'J .1.S4'l:JmS/'IfWr
:rn'~,lin m.""r, 1lNMI!tA
Figure 2.03.07 H.
Page 19 of96
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I-:~ ::
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115
116
, 17
24TH "'TNUE S.W
" ~:-
i 1"[ . ., f===---~
UJLL
I fir! w.I""~"''' -~- ~
187
91
:7-[ --]:io~ I
. LOT 2 rR~
rr~~ ""~
LI = 'W
~~___J
1 0
GOLDEN GATE PAR\<WAr
~._------I
I 9f I f71 I 113 I
SANTA BARBARA COMMERCIAL SUBDISTRICT
COLL/ER COUNTY, FLORIDA
r----120 @~ L
.~ 1. ~ 8 20 ;~
. 111 18
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, ~ III 17
22ND PLACE S.W.
2,18
(
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LEGEND
rt--'-fj
. SANTA BAR. BARA
COMMERCIAL
SUBDISTRICT
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PREPARED BY, GRAPHICS M,D TECHNICAL SUPPORT SECTION
COMMUNITY JEVElOPMENT AND ENVIRON~ENTAL SE~VICES DIVISION
FILE: GGMP-39-3.DWG DATE, 6/2006
se0u-
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SUBSECTION 3. F.
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AMENDMENTS TO SECTION 2.03.07 Overlay Zoning Districts
SECTION 2,03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
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I. Bayshore Drive Mixed Use Overlay District.
Special conditions for the properties adjacent to Bayshore Drive as
referenced on BMUO 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
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a. These regulations shall apply to the Bayshore Drive Mixed Use
Page 20 of 96
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Overlay District as identified on BMUO 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 LOC, 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 fA the Bayshore Overlay Oistrict requirements;
however, PUOs 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 chanaes to PUOs that existed prior
to March 3. 2006 are not subiect to the Bavshore Overlav
District reauirements.
6 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 I.a ,Q.h. of this
Code.
:!i!
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IMUD-Rl
(fIM~":l_
f"
'''!,IOoRI (MH)
-- II'
i 'I
"
~~'y.hon .,!~ u.. O!!rllV Dlatrict
lMUD-Fa (....1
.MUI).NC
I..,
BMUD..NC Nelghbclrhood C~I.llubd.lltrtc::t
BMUo.~
APZ ~PertlngZ-
.....o..RI
BMUD.W Wn.rfronl: Iubdln1l::t
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'''''-R1
(MP'''',
BMUD-RlI R..ldentllllSubdl&b1ct 3
B"UD-Roi RMldenhl lubdllltJ1ct...
(XXX) u,.., Lying lonlng
t
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I,
I
,II
Future ~nd U..
~ AdIYlty c.nt.r l'
. . _. ~~I!ound.!y
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n
-....,......
---
-...-
---
I, .....IIU~-R3_
[Remove existing map and replace with map below]
Page 21 of96
Words struelc tHrough are deleted, words underlined are added
BMUD Map No.1
-l
.J.i~
c.".....^"
:~~
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'-.. "-',,:0."'. "'!
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V- \....
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'1:,
&lyshore Mixed Use OVlll'lIlv DIstrict
l?~2l APZ Act:euoty Pa~ ZCnto
BMUo.NC NeIgllbomood Commerd81 Sl.lbdlsto1cl
BMUO-W W~1\>I1l sulldltdc!
.:JTlUeCM., Pl.ACa. JIVO
"......_'JtMr~-~
BMU~1 R....rlenlIal Subd_ 1
BMU0.R2 ResItlentIoJ SutJdslrlcl 2
BMU0.R3 Relldanllol Sub<ltllrlct 3
BMU0.R4 ResItlentIol Subd_ ~
()()(J() Under Lying Zom111
Future Land UN
&:\';::J AclIvlty Center 16
..... eRA Boundary
- Overlay Boundary
1IiNU1I1IClI'~ URDHPUD-
~trefto;lNUO
II
1D>1H
_OlAV
"""
I!~"'IMUCI
,
l~~:=.
IWt.UL MY I
.... .
~-~"i
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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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5. Administrative Deviations.
Page 22 of 96
Words struck throHgh are deleted, words underlined are added
a. Authoritv. The County Manaoer or desianee is hereby
authorized to utilize this MUP Administrative Oeviation process
to orant administrative deviations for proposed develoDments
which have obtained a MUP approval from the Board of County
Commissioners from the followina eliqible land develoDment
standards that meet their associated criteria.
b. Applicabilitv-List of Deve/ooment Standards Elioible for
deviation reouests and Associated Criteria. At the time of SOP
application an approved MUP shall be eliaible to seek an
administrative deviation from the followina Code provisions that
may apply:
1. 4.02. 16.A. Table 11.Front Yard Oncludino build-to line).
.ill. These deviation reauests shall be subiect to the
process and procedures of Sec. 5.05.08. F.
Deviations and Alternative Compliance. except
that in order to be elioible for an administrative
deviation the site shall meet at least one of the
followino conditions or circumstances:
II If constructed where otherwise reauired.
the buildina(s) or structure(s) would
conflict with reoulatory standards for
existino public utilities or encroach into
an associated public utility easement.
which cannot reasonablv be relocated or
vacated based on physical or leaal
restrictions. as applicable.
ill Darcel confiaurations of uniaue or
challenaina boundary oeometry such as
when a Darcel's acreaoe has limited
frontaae relative to its acreaoe as
defined by a ratio of acreaae to frontaae
in excess of 0.0045 and which is
proposina to provide frontaae and/or
alternative frontaae alono internal
vehicular and pedestrian circulation
Dathwavs at a minimum of 110 percent
of the Darcel frontaae.
Ql In order for the conditions or circumstances
under b). immediately above, to be approved for
a deviation. the followino criteria shall also be
met:
II the proposed alternative shall be
inteorated into the existina and future
vehicular and pedestrian circulation
pattern of the neiahborhood and,
ill the proposed alternative shall
demonstrate compliance with the intent
of the standards to create a connective
and walk-able environment by
demonstratina a comparable relationship
between proposed alternative
buildina(s) location(s) and their
associated pedestrian and vehicular
Dathwavs. and associated parkino
facilities.
ii. Buildina and architectural standards. as specified
below. These deviation reauests shall be subiect to the
Page 23 of 96
Words struek tHrough are deleted, words underlined are added
process and procedures of Sec. 5.05.08. F. Deviations
and Alternative Comoliance:
a) 4.02.16.A. Table 11. Buildina Desian;
pertaininQ to the buildina facades facinQ the
intersectino east-west streets with Bayshore
shall have the same architectural desion
treatment as the buildinQ facade facino
Bayshore Orive;
b) 4.02. 16. G. Architecture Desian Theme; and
c) 5.05.08 Architectural and Site DesiQn
Standards.
iii. 4.02.16.F. Landscaoe and Buffer Requirements: and.
4.06.00 Landscaoina. Bufferina and Veaetation
Retention as applicable. The alternative plans
reQuestino approval for deviation from landscapino and
buffer requirements shall be subject to the process and
procedures of 5.05.08.F. Deviations and Alternative
Comoliance: and, must additionally provide a minimum
of 110 percent of the ODen SDace requirement for
Mixed Use Proiects in addition to other conditions that
the County Manaoer or desiQnee deems necessary.
iv. 4.02.16. E. Desian Standards For Awninas. LoadinQ
Docks. and Dumosters; and. 5.03.04. Dumosters and
RecvclinQ. limited to:
a) deviation requests for individual structures with
curbside pickup, that shall be subject to the
process and procedures provisions of
subsection 5.03.04 G. Curbside Pickuo.
b) requests for locational deviations from the
subsection 4.02.16. E. shall be subject to the
process and procedures of 5.05.08.F. Deviations
and Alternate Comoliance and comply with the
provisions of subsection 5.03.04 A.
v. NotwithstandinQ the process and procedures set forth
above for paraoraphs i. throuoh iv.. any appeals from
these administrative decisions of the County ManaQer
or desionee shall be made solely under the provisions
of section 250-58 of the Collier County Code of Laws
and Ordinances.
vi. 4.02.16.0. Parkina Standards. These deviation
requests shall be subject to the process and procedures
of 4.05.04. F.2.
e 2. Bayshore Mixed Use District (BMUD) Subdistricts
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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 approval procoss MUP
aDDroval Drocess 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.
Page 24 of 96
Words stmelc througH are deleted, words underlined are added
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Table 1.
Permissible Land Uses in BMUD Mixed Use Subdistricts
P = permitted
- -
E = permitted with certain - ('II M -
I I "lit
ni ""' 0:: 0:: I
exceptions - I 0::
3: 0:: - -
'(3 - ('II M -
... -
CI) - - - - -
Blank cell = prohibited E CJ CJ CJ CJ CJ
''::: ''::: ''::: ''::: '':::
CI) E - - - -
(also see table of - I/) I/) I/) .~
"C 0 I/) :c :c :c
conditional and accessory 0 u :c "C
U .Q .Q .Q .Q .Q
uses) "C ;:, ;:, ;:, ;:, ;:,
U 0 en en en en en
en 0 - ni ni ni
.c C\J
~~ c :::: :::: :::: ::::
0 c c c c
...
't: CI) CI) CI) CI)
"C "C "C "C
C'l CI) 'in 'in
- I/) I/)
'(j) . C\J CI) CI) CI) CI)
z 3: 0:: 0:: 0:: 0::
C. 0 0 0 0 0
::) ::) ::) ::) ::) ::)
:::E :::E :::E :::E :::E :::E
Land Use Type or Category me m m m m m
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Automobile Parking 7521 E
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Boot Doalors aaa4
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Marinas 4493 4499 P P
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Multi-Family Dwellings P P P P
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Parks, Public or Private P P P
Performing Arts Theater+ 7922 ptl
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7 This use does not include tow-in parking lots or storage.
8 Performance seating limited to 200 seats
SUBSECTION 3. G. AMENDMENTS TO SECTION 2.03.07 Overlay Zoning Districts
SECTION 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
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N. Gateway Triangle Mixed Use District Overlay
Special conditions for the properties in and adjacent to the Gateway Triangle
as referenced on GTMUO 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 GTMUO 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
Page 25 of 96
Words struek through are deleted, words underlined are added
development requirements shall be as required in the
applicable underlying zoning classification.
b. Existing Planned Unit Developments (PUDs) are not includod
ffi subiect to the Gateway Triangle Mixed Use Oistrict
requirements; however, PUD& applications submitted. and
found sufficient. 3pprovod after March 3, 2006 are included in
the Gateway Triangle Overlay Oistrict and must comply with the
requirements stated herein.
c. Amendments or boundary chanaes to PUDs that existed prior
to March 3. 2006 are not subiect to the Gatewav Trianale
Overlav District reauirements.
&,.~ 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. However,~ in either
instance.,... GTMUD site development standards are applicable,
as provided for in subsection 2.03.07 N.a Q.d. of this Code.
~JI
n
..
C-) (--'.,
JU
NORTH
Gateway Trianala Mixad Uae Over1ay District
l1TMUD-MlcD
(C-4) I
l1TMUD-MXD M_ U.. Subd_
. _ _. CRABoundary __-
#~
#
"- ...f
/iji#t~:
if
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ill
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: n !'
] l=~T ~ I~ III
I r 111 Iii, ~ ! I
~( (
,
/
~.,
l1TMIID-fl R_I_.I Subdlolrlcl
(XXX) Under Lying Zoning Drotrtc1o
Future Land Use
~ Activity Center 18
[Remove existing map and replace with map below]
Page 26 of 96
Words strnek through are deleted, words underlined are added
GTMUD Map No.1
~
....,
"\.
IDnI
t"- l.t..- ~ IJu av...Ia" all1b!
tllM\J!:).!,IXO IItlm$ U!l!d!~
OnNJOOR FllllltlltffM S~M
{llXlI) tk.:.,L',rsllVl'''iil
lillIIl ""'1t11rde
FtiIll!!l Und UM
t~0;l Aa2ri1'f CmIRr lEi
..... CHA1ll:wrdary
- 0.""'" 'lII:xrde'Y
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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Q.. Administrative Deviations.
a. Authoritv. The County Manaqer or desiqnee is hereby authorized to
utilize this MUP Administrative Oeviation 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. Aoolicabilitv-List of Deve/oDment Standards EliQible for deviation
reQuests 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.. 4.02.35.A. Table 1.Front Yard (includinq build-to line).
1.1 These deviation requests shall be subiect to the
process and procedures of Sec. 5.05.08. F. Deviations
and Alternative Comoliance. 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
buildina(s) or structure(s) would conflict with
requlatorv standards for existinq public utilities
Page 27 of 96
Words stmek throHgH are deleted, words underlined are added
or encroach into an associated public utilitv
easement. which cannot reasonablv be
relocated or vacated based on phvsical or leQal
restrictions. as applicable.
Ql Parcel confiaurations of unique or challenainQ
boundary Qeometrv such as when a parcel's
acreaae has limited frontaae relative to its
acreaQe as defined bv a ratio of acreaQe to
frontaae in excess of 0.0045 and which is
proposina to provide frontaae and/or alternative
frontaae alona internal vehicular and pedestrian
circulation pathways at a minimum of 110% of
the parcel frontaae.
~ In order for the conditions or circumstances under b).
immediatelv above. to be approved for a deviation. the
followinQ criteria shall also be met:
ill. the proposed alternative shall be intearated into
the existina 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
bv demonstratinQ a comparable relationship
between proposed alternative buildina(s)
location(s) and their associated pedestrian and
vehicular pathways. and associated parkinQ
facilities.
lL Buildina 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 DesiGn Theme: and
b) 5.05.08 Architectural and Site Desian Standards.
iii. 4.02.35. E. Landscape and Buffer Requirements: and. 4.06.00
LandscapinG. Bufferina and VeGetation Retention as
applicable. The alternative plans reQuestinQ 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 additionallv provide a
minimum of 110% of the open space requirement for Mixed
Use Proiects in addition to other conditions that the County
ManaQer or desiQnee deems necessary.
iv. 4.02.35. D. DesiGn Standards For AwninGS. LoadinG Docks.
and Dumpsters; and. 5.03.04. Dumpsters and RecvclinQ.
limited to:
a) Oeviation 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.
b) Requests for locational deviations from the subsection
4.02.35. O. shall be subiect to the process and
procedures of 5.05.08.F. Deviations and Alternate
Compliance and complv with the provisions of
subsection 5.03.04 A.
v. Notwithstandina the process and procedures set forth above
Page 28 of 96
Words strue1c throl:lgh are deleted, words underlined are added
for paraaraphs 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. 4.02.35.C. Parkina Standards. These deviation re~uests shall
be subiect to the process and procedures of 4.05.04. F.2.
a Q. Gateway Triangle Mixed Use District (GTMUD) Subdistricts
a. Mixed Use Subdistrict (GTMUO-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 Oavis
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 Orive on the East. Developments will be pedestrian-
oriented and reflect building patterns of traditional neighborhood
design.
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SUBSECTION 3. H. AMENDMENTS TO SECTION 2.03.07 Overlay Zoning Districts
SECTION 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
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P. Copeland Zonino Overlav (CZO)
1. PurtJose. To create develocment standards which address the
unioue community characteristics of the Copeland community.
2. Aoo/icabilitv. The Copeland Zonina Overlay (CZO) boundary is
delineated on the map below, and these standards apply to those
portions of the Copeland Community, which are in private ownership
and located within the urban desionated lands on the Collier County
Future Land Use Map.
3. Permitted uses.
a. All crincical and accessory uses permitted by rioht in the VR-
ACSC/ST zonina district as identified in section 2.04.03 of the
LDC as of [the effective date of this ordinance] .Jo.
the event any conflicts arise between the underlyino zonina
district reouirements and those contained in the Copeland
Zonina Overlay. the re~uirements of the Copeland Zonina
Overlay shall supersede the underlyina zonino reouirements.
12.:. The followina uses may be permitted only 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 oas services)
f:. Area of Critical State Concern (ACSC) and Environmental
Compliance. Nothina herein shall exempt any land use from
complyino with the Area of Critical State Concern reouirements
of section 4.02.14 of the LOC. The develocment of sinole
Page 29 of 96
Words struelc throl:lgh are deleled, words underlined are added
family dwellinos on existina lots of record within the VR-
ACSC/ST zonina district shall be exempt from requirements to
provide an Environmental Impact Statement (EIS); however,
any subdivision or site develoDment Dlan 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-family dwellino units shall be prohibited on all VR zoned
properties located within the Copeland Zonina Overlay as
desiqnated on the official zonina atlas map.
Page 30 of 96
Words struck through are deleted, words underlined are added
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>/. ......./... /'/"< /... ~ ,../ l ZONING OVERLAY
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?;;" ;;;.;;":"'''''~;// '{ ........CIGUftY. n.c:IIIIM
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II 1:20
......... ~TIOIl .~;:.~-~,
_1Ir. IIII!mII!I _ _!U'l"lln__
~ ~lNI.IAInr~-=:;,~=-
5. Accessory Uses.
a. ParkinQ and storaae of recreational equipment / commercial
vehicles.
Page 31 of96
Words strucl( through are deleted, words underlined are added
i. Within the VR-ACSC/ST zoninq 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 Iivinq. sleepinq, or housekeepinq
purposes when parked or stored.
b) Recreational vehicles or equipment stored under
this section of the LDC shall not exceed 35 feet in
lenqth.
c) Recreational vehicles exceedinq 35 feet in lenqth
may only be parked or stored in accordance with
section 2.01.00 of the LDC.
d) No more than 2 commercial vehicles, 35 feet or
less in lenqth, shall be permitted to be parked at
the property owner's residence, unless one or more
of the vehicles are temporarily 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 beinq stored on
residentially utilized property.
e) Commercial eauicment such as crab traps. and
other seasonal commercial eauicment may be
stored on the owner's residential property in any
yard.
b. Keepinq of animals/fowl as accessory use. On VR-ACSC/ST carcels a minimum of
two (2) acres in area or qreater, individual property owners may keep a maximum of
25 poultry or fowl in total numbers, and a maximum of 2 horses or other livestock per
acre.
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Page 32 of 96
Words struele through are deleted, words underlined are added
SUBSECTION 3. I. AMENDMENTS TO SECTION 2.04.03 Table of Land Uses in Each Zoning
District
SECTION 2.04.03 Table of Land Uses in Each Zoning District, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.04.03 Table 2.
Lands Uses that May be Allowed in Each Zoning District as
Accessory Uses or Conditional Uses
C = conditional use
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A = accessory use
-.. '" ...... ..,.. or, Ie
\..) <C \":II k. ~ ~ k. ~ ~ *
Cj kl VJ VJ VJ VJ VJ
~ ~ ~ ~ ~ ~
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SIC Code
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SouP kitchens *
Sports instructional camps or *
schools C
Staged entertainment facilities *
Stone, clay, glass and concrete *
products
Swimming pools *
Storage, enclosed *
Tennis facilities *
Textile mill products *
Transfer slations *
Veterinarian's office C *
Wholesale trade - durable goods *
Wholesale trade - nondurable *
goods
Yacht club *
Zoo C *
1-- The overlay districts are not included in this table where they are design-oriented and do not
change the underlying uses, Overlay districts, whether listed herein or not, allow the uses in the
underlying zoning district. Those overlay districts listed in this table also allow the specifically listed
uses.
Residential Neighborhood Commercial is not inoluded, 3S it deals with home occupations.
Also permissible in the C-1 zoning district is any other commercial use or professional service
which is comparable in nature with the listed uses including those that exclusively serve the
administrative as opposed to the operational functions of a business and are purely associated with
activities conducted in an office.
a For Estates zoninq within the Golden Gate Estates subdivision, the Golden Gate Area Master
Plan restricts the location of conditional uses.
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.
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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SUBSECTION 3. J.
AMENDMENTS TO SECTION 2.06.01 Generally
SECTION 2.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
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* "1:l *
i=: N M
o::l U I
C=conditional use u
";3~ I I
* gu <l) <l) *
.- I u ....
~ ("~Q) i=: o::l
A =accessory use <l) ::a
* ~ u '2 <l) *
o\+:: <l) e
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p,.o i=: <l)
* ~- 0 ....
U i=:
"u ~ - *
.... <l) ~ ~
<l) i=:
* S <l) '(j '(j
SO .... ....
<l) <l) *
0 E S
ACCESSORY AND * u S S
0 0
CONDITIONAL USES u u *
* *
Mixed Use uses C16 C16 C16
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16 Subiect to desian criteria contained in Section 4.02,38
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SUBSECTION 3. K.
AMENDMENTS TO SECTION 2.06.01 Generally
SECTION 2.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
2.06.00 AFFORDABLE HOUSING DENSITY BONUS
2.06.01 Generally
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D. In order to qualify for the AHOB 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.
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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:
a. Zoning districts proposed by the applicant on the property and
acreage of each;
b. The total number of residential dwelling units in the
proposed development, categorized by number of bedrooms
and whether the unit is to be rented or owner-occupied;
c. The total number of AHDB units requested, categorized by
number of bedrooms and whether the unit is to be rented or
owner-occupied;
d. Total number of affordable housing units proposed in the
development categorized by level of income, number of
bedrooms, and rental units and owner-occupied units:
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i. Moderate income households (one bedroom, two
bedrooms, or three bedrooms or more).
ii. Low income households (one bedroom, two bedrooms,
or three bedrooms or more).
iii. Very low income households (one bedroom, two
bedrooms, or three bedrooms or more).
iv. Total affordable housing units (one bedroom, two
bedrooms, or three bedrooms or more).
e. Gross density of the proposed development;
f. Whether the AHDB is requested in conjunction with an
application for a planned unit development (PUD), an
application for rezoning, an application for a Stewardship
Receiving Area. or a conditional use application for a
Commercial Mixed Use proiect as provided for within section
4.02.38 of the LDC; and
g. Any other information which would reasonably be needed to
address the request for AHDB for the development pursuant
to the requirements set forth in this section.
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SUBSECTION 3. L. AMENDMENTS TO SECTION 3.02.10 Standards for Subdivision Plats
SECTION 3.02.10 Standards for Subdivision Plats, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read 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.
C. All subdivision plats shall have adequate drainage provided to reduce
exposure to flood hazards.
O. 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 NGVO of the roads, the average finished elevation a9Ewe
NGVD of the lots or homesite, and the minimum base flood elevation a9Ewe
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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SUBSECTION 3. M. AMENDMENTS TO SECTION 3.03.05 Sea level Rise
SECTION 3.03.05 Sea Level Rise, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.03.05 Sea Level Rise
An analysis shall be required demonstrating the impact of a six (6) inch rise in sea level
above 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
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the applicant of the changes necessary in order for the development to meet the
standard.
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SUBSECTION 3. N. AMENDMENTS TO SECTION 3.05.02 Exemptions from Requirements
for Vegetation Protection and Preservation
SECTION 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to
read as follows:
3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
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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 oxicting prior to June 19, 2002.
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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 manaoement plans have been obtained
from the appropriate local. state and federal aoencies. These permits may
include but are not limited to permits for wetland impacts or for listed species
protection.
4. Where qreater veoetation protection is required in the Rural Frinoe Mixed Use
Oistrict. a hiqher native veqetation protection requirement may not allow for
the full 1 acre of clearino.
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.
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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 riaht-of-way for an electrical transmission line or public utility
distribution line has been established and constructed. a local oovernment
may not require any clearinq permits for veqetation removal. maintenance,
tree prunino or trimmino within the established and constructed riaht-of-way.
Trimminq and pruninq shall be in accordance with subsection 4.06.05.J.1 of
the Code. All needed environmental permits must be obtained from the
appropriate aqencies and manaoement plans must comply with aqency
requlations and quidelines. These may include but are not limited to permits
for wetland impacts and manaoement plans for listed species protection.
7. After a publicly owned road riaht-of-way has been leqally secured. a local
qovernment may not require any clearinq permits for veqetation removal.
maintenance. tree pruninq or trimmino within the established road riaht-of-
way. Trimmino and prunino shall be in accordance with subsection
4.06.05.J.1 of the Code. 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.
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SUBSECTION 3. O. AMENDMENTS TO SECTION 3.05.10 Littoral Shelf Planting Area (LSPA)
SECTION 3.05.10 Littoral Shelf Planting Area (LSPA), of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
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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SUBSECTION 3. P. AMENDMENTS TO SECTION 4.01.01 Elevation Requirements For All
Developments
SECTION 4.01.01 Elevation Requirements For All Developments, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
4.01.01 Elevation Requirements for All Developments
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The elevation of all building sites and public or private roadways included within a
subdivision or development for which a use other than conservation or recreation is
proposed shall be not less than five and one half (5 1/2) foot NGVD whon complotod, or to
such minimum elevations above tho GGtablishod NGVD datum as adopted by the BCC,
FEMA/FIRM, 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, conservation, excavations, demolition, and related
regulations shall be observed during the construction of any improvements within Collier
County.
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SUBSECTION 3. Q. AMENDMENTS TO SECTION 4.02.16 Design Standards for Development
in the BMUD . Neighborhood Commercial Subdistrict
SECTION 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial
Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial
Subdistrict
A. Dimensional Standards
Table 11. Design Standards for the BMUD Neighborhood Commercial
Subdistrict.
Desian Standards
front yard build-to-Iine 5 feet from the property line to the building
footorint.
The front build-to-Iine 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-Iine within the range of 3 to
districts which underlay the 1 0 feet. *
BMUO Neighborhood
Commercial Subdistrict. 2. Buildings containing commercial or
residential uses are required to have a minimum
depth of 35 feet from the front yard build-to-
line on all floors. The remaining depth of the lot
may be used for parking.
3. Buildings which faco on lots that abut
Bayshore and intersecting side streets shall
have the same front yard build-to-Iine as the
front yard build-to-Iine 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 immodiatoly adjacent to abuttina Haldeman Creek
may engage in boat rental operations.
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3. Lots abuttina adjaGent 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.
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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 R4 Rresidential
Subdistriot€;, 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 BMUO-NC and BMUD-W
Subdistricts abutting abuttina 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 Oesign 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.
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.
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d. All buildings immediately adjacent to Bayshore Drive shall have the
principal pedestrian entrance fronting Bayshore Drive. Exceptions
may be oranted for mixed use proiects of 2 acres or areater 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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SUBSECTION 3. R. AMENDMENTS TO SECTION 4.02.17 Design Standards for Development
in the BMUD - Waterfront Subdistrict
SECTION 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to
read as follows:
4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict
A. Design Standards for the Subdistrict are the same as those set forth for the
BMUD Neighborhood Commercial Subdistrict, unless set forth below.
Development in this subdistrict is encouraged to be a mix of restaurant and
retail uses while allowing for limited marina uses.
B. Special conditions for Marinas.;,.:.
1. Repair and dry storage areas shall not be visible from the street.
2. Boats available for rental purposes shall be located in the water or
screened with a fence or wall from the local side streets and not visible
from Bayshore Orive.
3. All boat racks shall be enclosed, with a wall or fence. The fence
material can be wood, vinyl composite, concrete block with stucco
finish or metal or a combination. No chain link fence is allowed.
4. Height of structures may be increased to a maximum actual height of
fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a
variance petition.
5. Outdoor displays of boats for sale on properties fronting Bayshore
Orive 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
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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) Outdoor displays of boats on propertios fronting
Haldoman Crook shall bo limitod to tho foIlO\.\'ing:
a. All areas usod for boat sales shall utilizo no moro than fifty (50)
porcent of tho linoar frontago of tho proporty.
b. 1\11 nO'N boat sale aroas shall not bo closor to tho frontngo line
than tho primary building thoy sorve unloss it is othorwise
recommondod for npprovnl rO'lio\\'od and commontod on bv the
CRA Local J\dvisory Board staff and shall bo administmtivoly
approvod by tho County M~mager or designoo.
c. .'\11 boats locatod within outdoor emlos aroas shall not oxcood a
hoight of thirty fivo (35) foot abovo tho oxisting grado. Sailboat
m::1sts aro oxompt from this limitation.
d. Outdoor salos ::1roas shall bo connoctod to the parking area and
primary structure by ::1 podostri::1n ':Ialkway.
o. An additional landscapo 10 foot buffor is requirod around the
porimotor of tho outdoor salos aroa. This buffor must include, at
minimum fourtoon (14) foot high troos, spacod at thirty (30) foot
on contor ::1nd a threo (3) foot high doublo row hodgo spacod at
threo (3) foot on centor at tho time of planting.
7. One (1) parking space per five (5) dry boat storage spaces.
8. On-site traffic circulation system shall be provided that will
accommodate areas for the loading and unloading of equipment that
will not encroach upon residential developments.
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SUBSECTION 3. S.
AMENDMENTS TO SECTION 4.02.18 Design Standards for Development
in the BMUD . Residential Subdistrict (R1)
SECTION 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1), of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to
read as follows:
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
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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
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right-of-way area. Other than the permitted driveway, the front yard
may not be paved or otherwise used to accommodate parking.
BMUD Figure 6: Garage Driveway (For illustrative purposes only)
f.:. 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.
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 aw 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 gr3ded lot to the eave, and with a
maximum actual building height of twenty-six (26) feet to the top of
the roof.
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i. 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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SUBSECTION 3. T. AMENDMENTS TO SECTION 4.02.23 Same - Development in the
Activity Center #9 Zoning District
SECTION 4.02.23 Same - Development in the Activity Center #9 Zoning District, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as follows:
4.02.23 Same - Development in the Activity Center #9 Zoning District
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C. In addition to the requirements of section 5.05.08, buildings shall have
features that characterize the area character themes. These elements
include:
1. All primary facades of a building shall feature one (1) or more of the
following design elements listed below:
a. Porch.
b. Portico.
c. Elevated first floor or elevated entry.
d. Any other treatment which the County Manager or designee
determines to represent the character themes of this overlay
district.
2. Roof treatment.
a. Buildings with gross floor areas of less than 10,000 square
feet shall have pitched roofs. Pitched roofs shall have a
minimum of 4/12 slope.
b. Buildings with gross floor areas of 10,000 square feet or
greater shall have one or more of the following roof treatments:
i. Pitched roof with a minimum slope of 4/12.
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 fifty (50)
percent of the length of any primary facade, and a
minimum of thirty (30) percent of the attached facades
as measured from the connection point.
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.
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.
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ii. Cupolas.
iii. Dormers.
iv. Attached clock towers.
.j.v,.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 heiaht 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 sionaoe of any nature:
and
e. Only one clock tower per business park or PUD shall be
permitted.
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E. 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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SUBSECTION 3. U. AMENDMENTS TO SECTION 4.02.35 Design Standards for
Development in the GTMUD- Mixed Use Subdistrict (MXD)
SECTION 4.02.35 Design Standards for Development in the GTMUD- Mixed Use Subdistrict (MXD),
of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to
read as follows:
4.02.35
Design Standards for Development in the GTMUD- Mixed Use
Subdistrict (MXD)
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E. Landscaping and Buffer Requirements.
~ 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
GTMUO R Residential Subdistriots, abuttina residential property. A minimum
buffer 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.
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SUBSECTION 3. V. AMENDMENTS TO SECTION 4.02.36 Design Standards for
Development in the GTMUD- Residential Subdistrict (R)
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SECTION 4.02.36 Design Standards for Development in the GTMUD- Residential Subdistrict (R), of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to
read as follows:
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. 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.
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SUBSECTION 3. W. Add Section 4.02.38 Specific Design Criteria for Mixed Use
Developments within C-1 through C-3 Zoning Districts
SECTION 4.02.38 Specific Design Criteria for Mixed Use Developments within C-1 through C-3
Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
4.02.38 Specific Desian Criteria for Mixed Use Development within C-1 throuah C-3
Zonina Districts
A. Purpose and Scope. The Commercial Mixed Use desion criteria are to
encouraqe the development and the redevelopment of commercially zoned
properties with a mix of residential and commercial uses. Such mixed-use
proiects are intended to be developed at a human-scale with a pedestrian
orientation, interconnectino with adiacent proiect, whether commercial or
residential. A Commercial Mixed Use Project is allowed in the Urban Mixed
Use Oistrict 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 herein.
B. Applicability. All properties zoned C-1, C-2 and C-3. These requlations shall
apply to all mixed-use projects proposed within these zoninq districts. subiect
to the desion criteria set forth in this ection. The desiqn criteria address the
relationship of buildinas, parkinq. vehicular. and pedestrian movement to
create a pedestrian oriented experience. Buildinas are encouraoed to be built
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close to the vehicular and pedestrian way to create a continuous active and
vibrant streetscape utilizino the architecture. landscapina. liahtino. sianaoe.
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. Buildina 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 buildina desion to create a unified
appearance for the project. Creativity in the desion of sians is encouraoed in
order to emphasize the uniaue character of the project. Projects utilizino these
desion criteria will be developed in compliance with the LOC. except as
specified herein.
C. Commercial Mixed Use Desian Criteria.
Projects utilizino the Commercial Mixed Use option within a C-1. C-2. or C-3
Zonino District shall comply with the followina standards and criteria.
.1. These desian criteria are applicable to the C-1 throuah C-3 zonina
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.
~ 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 dwellina
units per acre; density in excess of three dwellina 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 dwellina units per acre; density in excess of
three dwellina units per acre and UP to eleven dwellina 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 buildina attached to a commercial buildina or in the case of
a freestandino residential buildina. sauare footaoe and acreaae
devoted to residential uses shall not exceed seventy percent (70%) of
the aross buildina sauare footaoe and acreaoe of the proiect.
4. The project shall provide street. pedestrian pathway and bike lane
interconnections with adiacent properties, where possible and
practicable.
5. The proiect shall. to the areatest extent possible, 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.
D. Pedestrian Pathways.
.1. This desion criteria is only applicable to streets internal to commercial
mixed use projects, it is not applicable to project portions frontino on
existina collector or arterial roadway.
~ The pedestrian pathways alona the main streets shall be a minimum
of 21 feet in width. (See diaoram below)
3. Pedestrian pathways shall be provided pursuant to Collier County
LDC Section 4.02.38 D. and shall include: street furnishinos. a street
tree plantino zone. and a pedestrian travel zone. (This is not applicable
to internal parkina lots).
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4. Overhead arcades. awninqs or canopies, may extend over the dininq
and displav 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 buildino arcades or outdoor areas may be enclosed
bv 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.
E. Street Furnishinqs & Street Plantinqs.
.1. This desiqn criteria is on Iv applicable to streets internal to commercial
mixed use proiects. it is not applicable to project portions frontinq on
existinq collector or arterial roadways.
6.. Street furnishinqs shall be provided in coniunction with the street tree
plantinq zone. Street furnishinqs shall include benches per LDC
Section 4.06.03 B. 8. one waste/recvclinq receptacle per 300 lineal
feet of street frontaoe. and bike racks per LDC 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 LDC.
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 buildino elements (reference
LDC 2.03.06 G 3.e. and LDC 2.03.06 G 7.b. i and in are closer
to the street and the amount of space for landscapinq, the
pedestrian travel zone, and street furnishinqs will not allow
canopy trees. Areas for canopy trees should be included at
plazas, street intersections. and other areas where buildinos
are set back and space will allow.
ii. Plantinqs shall include a variety of tree and shrub species with
at least 50 percent of the required trees and 35 percent 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.
F. Landscape.
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1:. This desian criteria is onlv applicable to streets internal to commercial
mixed use proiects. it is not applicable to project portions frontina on
existina collector or arterial roadway.
2. Provide a variety of tree and shrub species with at least 50 percent of
the reauired trees and 35 percent of the reauired shrubs beina plants
native to Florida.
3. Canopy trees used in open landscape areas (other than street trees)
shall be a minimum of 10 feet in heiaht, havina a 4 foot diameter
spread and a minimum caliper of 1 % inches.
4 Plantinas shall be a maximum of 25 percent turf arass. The balance
shall be aroundcover. low shrubs and/or flowers located in plantina
areas appropriate to the desian.
5 Irriaation shall be provided for all plantina areas. Irriaation control
boxes and appurtenances shall be located away from direct public
view.
6. Landscape buffers per section 4.06.02 of the Code "Buffer
Reauirements" shall onlv applv to the external boundaries of the
mixed use develoDment. Landscape buffers shall not be reauired
internal to the mixed use develoDment proiect.
G. Parkina Lot Landscapina.
1:. UP to 30 percent of the landscape islands shall have a minimum width
of 5 feet inside plantina area and may be planted with a palm tree
eauivalent.
2. Minimum tree size shall be 1-% " caliper and a minimum of 10 feet in
heiaht.
.Q.. The perimeter of all parkina lots frontina on public riahts-of-wav shall
be screened to a minimum heiaht of 24 inches usina walls. fences.
landscapina or any combination thereof.
1. 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 three aallons at the time of plantina to provide vear-
round screenina. Trees shall be included in the perimeter landscape
area at a minimum spacina of one tree/palm per 25 feet of linear
frontaae. Street trees planted within the riaht-of-wav may be used
to meet this reauirement.
H. Buildina Foundation Plantinas.
1:. Buildina foundation plantinas shall be reauired per section 4.06.05 of
the Code, except as follows. The buildina reaardless of its size, shall
provide the eauivalent of 10 percent of its around level floor area. in
buildinQ foundation plantina area. A continuous buildinQ foundation
plantina width is not reauired per section 4.06.05 of the Code.
However. the foundation plantinas shall be located within 21 feet of the
buildinQ edae in the form of landscaped courtyards and seatina area
landscapina.
I. BuildinQ Architectural Standards.
1:. The Mixed Use Proiects shall include architectural features that
provide visuallv interestina buildina desian at a scale appropriate for
pedestrian and automobile.
a. BuildinQ facades shall be desianed to reduce the mass and
scale of the buildina, bv providina arcades. windows, entry
features, and other desjan treatments in compliance with
section 5.05.08 of the LDC except as follows:
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b. Covered oathwavs 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.
~ For buildinas 3 stories or more. pedestrian scale at the street
level shall be maintained bv incorporation of facade variations
such as massinq, texture, color or material on the orimarv
facades between the first and subsequent stories.
s:L The followino architectural options are in addition to the list of
required desiqn treatments identified in subsection 5.05.08 C.2.
of the Code:
1. 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 buildina recess or proiection of the first floor with
minimum depth of 8 feet and total minimum lenoth of 60
percent 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 percent 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. Sian Types & Definitions.
1 . Oefinitions
a. Sandwich boards: A portable sian comprised of two sian
panels hinoed tooether at the toP.
b. Flaq Banners: Fabric panels hanqinq from or stretched
between brackets proiectinq from liqht poles.
2. Permitted Sian Types.
a. All sians shall be in compliance with section 5.06 of the Code.
except as follows:
.Q.. Awnina Sians: In addition to any other sian allowed by the
Code. The front vertical drip of an awninq may be stenciled
with letter or qraphics. A 10 percent clear area border is
required on all 4 sides of the front vertical drip.
c. Proiect Entrance Sians - Two around or wall sians shall be
allowed at the main entrance to the develooment with a
maximum heiqht of 6 feet subiect to the followinq requirements.
1. The sians shall contain only the name of the
develooment. the insiqnia or motto of the
develooment and shall not contain promotional or
sales material
lL. The sians shall be limited to 60 square feet of sian
area each and shall not exceed the heiqht or lenoth of
the wall upon which it is located.
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iii. The around or wall sian shall maintain a 10 foot
setback from any property line unless placed on a wall
subject to the restrictions set forth in the section 5.06 of
the Code.
d. Residential and Neiahborhood Amenitv Sians - One around
sian shall be allowed for each residential tract. parcel or
amenity with a maximum heiqht of 4 feet subject to the
followinq reauirements.
i. The sian shall contain onlv the name of the residential
neiqhborhood and the insiania.
ii. The around or wall sian shall be limited to 30 sauare
feet of sian area and shall not exceed the heiqht of the
lenqth of the wall upon which is located.
iii. Ground or wall sian 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 qround floor. one
per establishment. not to exceed 6 sauare feet of sian area in
size and shall onlv be displaved durinq business hours.
(maximum 2 faces at 6 SQ. feet each).
f. Flaq Banners: Vertical or horizontal panels of woven fabric for
formed synthetic materiall attached to. and projectina from liaht
poles within the project that act to identify. throuqh loqo.
letterinq. or a combination thereof. the unified control of the
project from developer throuQh and to project's Association.
The maximum sian area shall be proportional to the heiqht of
the pole:
L. 16 feet pole - 15 sa ft. maximum (2 faces at 15 sauare
feet each).
lL. 20 foot pole - 20 sa ft. maximum (2 faces at 20 square
feet each). and
iii. 30 foot pole - 36 SQ ft. maximum (2 faces at 36 square
feet each).
q. Seasonal and/or Special Events Banners: Vertical or horizontal
panels that may be attached to desiqnated fixtures located
within the project 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 six (1 to 6), and are restricted to application within the
commercial locations or sections of the proiect.
3. Prohibited Sian Tvpes.
a. Portable or mobile sians except sandwich boards.
b. Off-site sians.
c. Projectinq or Pole sians
d. Fluorescent colors
K. Parkinq Reauirements. 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 parkina spaces bv
utilizina pedestrian-oriented desiqn and reducina the distance between
residential and commercial uses.
1. Definitions.
a. On-street Parkinq - Parkinq spaces located adiacent to. and
accessed directlv from the roadway.
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b. Off-street Parkinq - Parkinq spaces located within parkino lots
or parkinq structures and accessed off the roadway.
c. Parkino lot - A oround-Ievel area utilized for parkino spaces
accessible from the road and usuallv adiacent to the use it
serves.
d. Parkino structure - A multi-level parkino area utilized for
parkinq spaces that serve establishments within walkinq
distance of the structure. The structure may or may not be
adiacent to the establishments it serves.
2. Desjqn Criteria and Dimensional Reouirements On-street Parkino.
a. Desiqn criteria onlv applicable to streets internal to commercial
mixed use proiect. not applicable to proiect portion frontinq on
existinq collector or arterial roadway
b. Parallel parkinq shall be a minimum of 9 feet wide bv 23 feet
lonq. For every four on-street parkinq spaces provided a
landscape island that is 8 feet wide and 15 feet lono and is
surrounded bv Tvpe 0 concrete curbino. shall be provided in
addition to the pedestrian clear zone landscape re~uirement.
The corners adiacent to the travel lane shall be anqled at least
45 deorees away from perpendicular with the curb in order to
provide ade~uate inoress and eqress from each parallel
parkinq space. Each island shall be planted with hedoes.
qroundcover and/or orasses 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 deorees from the
travel lane. Spaces must be a minimum of 9 feet wide and 18
feet lono. For every four on-street parkinq spaces provided a
landscape island that is 12 feet wide and 15 feet lono and is
surrounded bv Tvpe 0 concrete curbino. shall be provided in
addition to the pedestrian clear zone landscape re~uirement.
The island shall be planted with hedqes. oroundcover, and/or
qrasses less than 36 inches hioh and shall contain at least one
small to medium ornamental tree that is a minimum of 8 feet
tall at the time of plantino
3. Desiqn Criteria and Oimensional Reouirements Off-street Parkinq.
a. Location - Parkinq lots or parkinq structures shall be located
to the rear of buildinos 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 desiqned to keep all circulation between aisles
internal to the lot. Drivewavs to parkinq areas shall be a
minimum of 24 feet wide.
c. 90 deoree parkinq spaces shall have a minimum drive aisle
width of 24 feet and stall size of 9 feet bv 18 feet.
d. 60 deqree anoled parkinq 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.
4. Handicap Parkino. Handicap parkinq shall be located to facilitate the
most direct and safest route to buildino entries and meet all
applicable codes.
5. Parkino Structures.
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a. Parkino structure facades shall be desioned to screen views
of automobiles bv the oeneral public from adiacent streets
and driveways.
b. Parkina structures without around floor retail or residential
uses alona the front facade shall have a minimum 10-foot
wide. BuildinQ Foundation Landscapino pursuant to section
4.06.00. of the Code. Where the parkina structure is attached
to the buildina or adiacent to preserve area. and the preserve
area meets the otherwise reauired landscapina. no additional
landscapina is reauired.
i. All structures with uncovered parkino on the top level
shall have rooftop planters around the perimeter that is
a minimum of 5 feet wide located around a minimum of
80 percent of the perimeter of the parkina inteoral to the
structure. or suitable architectural features to soften
the buildinQ edae.
ii. Parkina structure liohtino shall be a maximum of 20
feet in heiaht. Liahtino shall incorporate full shield cut-
offs to contain lioht to the surface of the deck onlv.
iii. Parkino structures are also allowed to be located
below arade and below habitable space. These
structures must be accessed from the rear of the
buildina.
c. General Reauirements and Shared Parkino Aareements
I. Oesjon criteria onlv applicable to streets internal to
commercial mixed use proiect. not applicable to proiect
portion frontino on existina collector or arterial
roadway
ii. The total number of parkino spaces provided in a
mixed-use proiect shall be determined bv the intended
uses as reauired bv section 4.05.00 of the Code. Off-
street Parkino and Loadina unless modified herein.
iii. Commercial areas (with streets internal to the proiect)
must utilize on-street parkina to meet at least a portion
of the parkina reauirement.
iv. One half of the on-street parkina spaces located within
one block or 0.125 mile. whichever is less, may
contribute toward an individual establishment's parkino
reauirement.
v. If a commercial area is developed in one phase with
one site development plan application the on-street
parkino may be utilized to meet parkina reauirements in
a one-to-one ratio.
vi. The overall parkina reauirement may be reduced at the
time of site development plan approval bv
consideration of a shared parkinq analvsis. The
analvsis shall demonstrate the number of parkina
spaces available to more than one use or function.
recoonizina the reauired parkino will vary dependino on
the multiple functions or uses in close proximity which
are unlikelv to reauire the spaces at the same time.
The shared parkina analvsis methodoloav will be
determined and aareed upon bv County staff and the
applicant durina the pre-application meetina. or durina
onaoina discussion. durino the site development plan
review process.
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vii. Establishments providina valet parkina services may not
utilize parkina areas desianated for shared use for the
storaae of vehicles parked bv this service, unless
allowed bv a shared Darkina aareement.
viii. Residential areas that are within a block or 0.125 mile
of a commercial area but are not directlv accessible bv
a vehicle due to aatina or lack of vehicular
interconnection may not utilize on-street parkina in the
commercial area to meet the residential parkina
reauirement.
ix. Residential areas may utilize on-street Darkina that is
abuttina a residential unit to meet the parkina
reauirement in a one to one ratio. If parkina spaces are
used to meet a residential parkina reauirement they
may not then be utilized to meet any of the commercial
reauirement.
L. Service Areas.
1. Loadina docks. solid waste facilities, recvclina facilities and other
services elements shall be placed to the rear or side yard of the
buildina in visuallv unobtrusive locations with minimum impacts on
view.
2. Refuse containers and facilities shall be hidden bv an opaaue wall or
fencina of sufficient heiaht to screen the bin and any appurtenances.
but not less than 6 feet in heiaht. Chain link fencina. wood fencina and
chain link aates are not allowed. Walls shall be constructed of a
material compatible with the principal structure it is servina.
Landscapina with vines or other plants is encouraaed. Enclosures
shall include solid. latchina aates to avoid blowina refuse.
3. Service area recesses in the buildina and/or depressed access
ramps should also be used where applicable.
4. Businesses are encouraaed to consolidate and share refuse areas and
eauipment.
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SUBSECTION 3. X. AMENDMENTS TO SECTION 4.03.05 Subdivision Design Requirements
SECTION 4.03.05 Subdivision Design Requirements, of Ordinance 04-41. as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
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 Heiaht Reauirements. All Residential Sinale-Familv (RSF) homes
constructed within recorded or unrecorded subdivisions that are not reauired
to obtain a South Florida Water Manaaement District (SFWMO) Surface
Page 53 of 96
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Water Manaaement (SWM) Permit or Environmental Resource Permit
(ERP) and that do not also have (a) a central (backbone) stormwater runoff
collection and (b) a treatment system (swales and lakes or retention areas)
shall onlv 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. Anv first floor beina built hiGher than what can be set on that house
pad must sit on a stem wall. or piles, or columns with footinas. or any
similar such desian that does not reauire a wider fill pad.
2. Exceptions to this section can be SOUGht based on a site stormwater
retention desiGn done bv a Professional EnGineer. licensed in the
State of Florida. showinG that the site has sufficient water aualitv
retention and water auantitv attenuation on site to prevent the
sheddinG of excess runoff onto neiGhborina properties and showina
that flood plain compensation has been achieved.
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SUBSECTION 3. Y. AMENDMENTS TO SECTION 4.04.02 Access Management
SECTION 4.04.02 Generally, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
4.04.02
Access Management
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B. Regulations.
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3. During development or rode'/elopment of commercial lots, sharod
access ~md/or interconnection shall be encouraged. Durina the
development or redevelopment of commercial or residential proiects
and all rezone petitions shared access and interconnection shall be
reauired. Should the shared access or interconnection reauire the
removal of existinG parkina spaces, the applicable development will
not be reauired to mitiaate for the parkinG spaces. The County Manaer
or desianee shall reauire the shared access and interconnection
unless in the professional iudGment of the County ManGer, or
desiGnee. one of the followina criteria prohibits this reauirement.
a. It is not phvsicallv or leGallv possible to provide the shared
access or interconnection.
b. The cost associated with the shared access or interconnection
is unreasonable. For this application unreasonable will be
considered when the cost exceeds the cost of a tvpical local
road section or is above 10% of the value of the improvements
beina made to the development.
c. The location of environmentallv sensitive lands precludes it and
mitiaation is not possible.
d. The abuttina use is found to be incompatible with the existina
or proposed use.
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SUBSECTION 3 Z.
AMENDMENTS TO SECTION 4.06.02 Buffer Requirements
Page 54 of 96
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SECTION 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.06.02 Buffer Requirement
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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
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 facilitv is located within a residential PUD and
abuts a residential unit. the normallv required combined Tvpe Band
Tvpe A landscape buffers shall be reduced to a sinale Tvpe B buffer.
When a fence or wall is used within the buffer a minimum of 50
percent of the trees and hedae plantinas shall be located on the
residential side of the fence or wall.
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D. Standards for retention and detention areas in buffer yards. Unless otherwise
noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs
must be installed at the height specified in this section.
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6. Natural and m~mmado bodim:: of water inoluding rotontion oroas for all
deyelopments subjoot to soction 6.06.08 and 3.06.10.
o. Configurotion of water managemont areas. The shapo of a
monmado body of wotor, inoluding rotontion and dotontion
oraos, must bo dosigned to oppoar noturol with curvilinear
edgee:. Soo "Body of Wotor Shopos" figuro bolow. I\n
oltornotivo dee:ign may bo oppro'.'ed as 0 port of tho dosign of
tho bLlilding, if tho doe:ign of tho '....ater manogomont oraa is
relotod to the orohitooturol dosign of tho building.
GRAPHIC LINK: CIiGk here
b. Wotor manogemont oreos 'Nithin tho front yards. Narrow and
e:toop wotor managomont oraae: aro prohibitod within tho front
yards thot Iio botweon tho primory faGades of a bLlilsing and
o public ond priv3to street. Thoso norrow ond stoop v.'ator
Page 55 of 96
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m:m:::lgomont aroas aro definod as 12 feet or loss in width \a,'ith
maximum slope of 4 to 1.
c. Required :::lmonitios. Tho fOllo'::ing standards :::lpply to dotontion
:::lnd rotontion are:::lS oxoooding t'.vol'lo feot in width. /\11 bodios
of \V:::ltor, inoluding retention :::lroas oxceeding 20,000 squaro
feet, :::lnd which :::lro locatod adjacent to a public right of way,
muct incorpor:::lte into ovorall dOGign of tho projoot :::It 10:::lst two
of tho following itomG:
i. 1\ walkway 5 feet '.vido and a minimum of 200 feet long,
vvith trooG of :::In :::lvorago of 50 feot on oontor and '.'lith
shaded benohos, a minimum of 6 foot in longth or picnic
t:::lbles with one looatod ovory 150 foot.
ii. FountainG.
iii. P:::lrti:::llly sh:::ldod plaza/oou rtyard , a minimum of 200
squ:::lre feet in :::lrO:::l, with bonches :::lnd/or picnic tablos
adjacent to tho wator body, or retontion moaG.
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SUBSECTION 3. AA. AMENDMENTS TO SECTION 4.06.05 General Landscaping
Requirements
SECTION 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read 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 foundation planting moas. 1\11 shepping center, rotail, office,
:::lpartmonts, condominiums, olubhouses :::lnd similar UGOG must
provido building foundation planting in the amount of ton poroont of
propoGod building ground level floor area. Thoso planting :::lre:::lG must
bo looatod adjacent to tho primary public building ontranoo(c) and/or
prim:::lry street elevation. Pl:::lnting :::lro:::lS must oonsist of kmdscapo
:::lro:::lS, r:::liGod pl:::lntors or plantar boxos that :::lro :::l minimum of fivo foot
'.vido oxcopt :::lS roquirod by sootion 4.06.05 B.5. bolow. Thoso aroas
must be l:::lndsc:::lped with treos :::lnd/or p:::llms in tho :::lmount of one troo
or one p:::llm equiv:::llent per 250 sqU:::lro foot; and shrubs :::lnd ground
covers othor th:::ln gr:::lss. Building f-ound:::ltion plantingc :::lre exompt
from tho nativo roquiroments. W:::lter m:::ln:::lgomont :::lroas mUGt not bo :::l
p:::lrt of this pl:::lnting :::lrea. Parking lot islandc will not count tow:::lrds thic
roquiromont.
5. Building foundation planting roquiromontG for buildings 35 foot or
moro in hoight; :::lnd/or Gootion 5.05.08 buildings with :::l footprint
gre:::lter th3n 20,000 sqU:::lro foot and/or parking gar3ge structures.
3. Tho minimum ',\'idth of building foundation planting :::lro:::lG must
bo moasurod from tho b3se of tho building and must rel:::lto to
tho adjacent building 's '.vall hoight as horein dofinod as
follows:
T/\BLE INSET:
Page 56 of 96
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b. Sites locatod adjacont to a permanent v.'ater body such as a
canol, Iako, bay or gulf may incorporate tho roquired landsc3pe
buffer width into the building perimeter landsc3pe buffer 'Nidth.
c. TroDs required by this section must bo of an installed Gizo rolating
to tho adjacent building's '1.'311 height, 3S definod bolo'lI:
T/\BLE INSET:
e 1,. Raw water well landscaping requirements. Screening and buffering
requirements are to be limited to the area surrounding the raw water well
installation, including appurtenances such as security fencing, wall or well
house. Canopy trees as described in S~ection 4.06.05 B.1., will not be
required. V'/here equipmont Guch as gDner3tors 3nd 3ntenn3S 3re visible
3bovo tho surrounding foncos or walls, Proiections visible above the fence or
wall shall be screened from view bv trioG of sabal palms with a minimum clear
trunk height of 8-12 feet ffit:ffit 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 fend-Ag~ or wall, as applicable.
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Table 4.06.05.C. BuildinQ Foundation PlantinQ Reauirements
BuildinQ
footprint under
10.000 square
feet
(Lenqth) 25 percent of the combined total of all buildinQ facade lenoth x
(Width) 10 feet wide = (Area) Total Plantina Area Required.
Trees and palms shall be a minimum 10 feet hioh at plantino. Minimum
width of plantino beds shall be 5 feet.
Trees and palms shall be provided at a rate of 1 per 300 square feet of
required foundation plantinq area.
BuildinQ
footprint over
10,000 square
feet
(Lenoth) 45 percent of the combined total of all buildina facade lenqth x
(Width) 15 feet wide = (Area) Total Plantina Area Required.
Trees and palms shall be a minimum 14 feet hioh at plantinq. Minimum
width of plantina beds shall be 10 feet.
Trees and palms shall be provided at a rate of 1 per 400 square feet of
required foundation plantino area.
All BuildinQs
with zoned
heiaht 50 feet
or oreater
(Lenqth) 55 percent of the combined total of all buildinQ facade lenoth x
(Width) 20 feet wide = (Area) Total Plantinq Area Required.
Trees and palms shall be a minimum 18 feet hioh at plantinq. Minimum
width of plantina beds shall be 10 feet.
Trees and palms shall be provided at a rate of 1 per 500 square feet of
re uired foundation lantin area.
C. BuildinQ foundation plantinos. All commercial buildinQs. residential
buildinas with 3 or more units. and retail and office uses in industrial
buildinQs shall provide buildinQ foundation plantinqs in the amount set forth
in table 4.06.05.C. and illustration 4.06.05.C. These plantino areas shall be
located adiacent to buildinQ entrance(s), primary facades. and/or alono
facades facinq a street.
1. Retail and office buildinas shall have foundation plantinqs on at least
three buildinQ facades. Plantinqs shall occur alono at least 30
percent of each these facade lenaths.
2. Minimum plantinq area width for trees and palms shall be 8 feet.
3. Buildina foundation plantinqs shall be covered with shrub, oround
cover, raised planter boxes. and ornamental orass plantinos. except as
provided in item 10 below.
4. Sidewalks may occur between the buildinQ and foundation plantina
areas. Sidewalks may also occur between foundation plantina areas
and planted islands that meet criterion 7 below.
5 A maximum of 50 percent of the required foundation plantinq may be
located in perimeter buffers.
6. Water manaoement areas shall not occur in foundation plantinq areas.
7. Parkina lot islands shall not be used to meet buildinQ foundation
plantinq area requirements, except for islands contiQuous to
foundation plantinq areas that exceed minimum width requirements.
Page 58 of97
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8. Buildintls with overhead doors and/or open vehicular use areas alona
buildintl perimeters that are visible from any road. access. or
residence shall provide a Tvpe B landscape buffer or approved
equivalent alona the entire perimeter opposite these features. The
required foundation plantinQs for these buildintls shall be reduced bv
20 percent.
9. All proiects may use the followina 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 heiahts are
increased bv 2 feet.
b. Decorative pavina areas incorporatinQ courtyards. walkwavs.
water features. plazas. covered seatina 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 buildina
foundation plantinQ area.
Page 59 of 97
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Illustration 4.06.05.C.
Buildina Foundation Plantina Area
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~~::7~ ~..
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Buildina Foundation Calculation Formulas
Buildinas under 10.000 square feet.
Total of all facades (A+B+C+D) x .25 x 10'= Total square feet of foundation plantinos
required.
Buildinas over 10,000 square feet and under 50 feet zoned heiaht.
Total of all facades (A+B+C+D) x .45 x 15'= Total square feet of foundation plantinos
required.
Buildinas 50 feet or qreater zoned heiaht.
Total of all facades (A+B+C+D) x .55 x 20'= Total square feet of foundation plantinqs
required.
rRenumber C-L to D-Ml
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N. Water manaqement areas.
1. Natural and manmade bodies of water includino retention areas for all
develoDments subiect to section 5.05.08 and 3.05.10.
a. Confiouration of water manaoement areas. The shape of a
man made body of water, includino retention and detention
areas, must be desiqned to appear natural with curvilinear
edoes. See "Body of Water Shapes" fiqure below. An
alternative desion may be approved as a part of the desjon of
the buildina, if the desion of the water manaoement area is
related to the architectural desian of the buildina.
GRAPHIC HERE:
Page 60 of 97
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b. Water manaqement areas within the front yards. Narrow and
steep water manaqement 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
manaqement 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 are located adiacent to a public riaht-of-wav.
must incorporate into overall desiqn 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 lenqth or picnic
tables with one located every 150 feet.
ii. Fountains.
III. Partially 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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SUBSECTION 3. BB. AMENDMENTS TO SECTION 4.07.04 Special Requirements for Mixed
Use Planned Unit Developments Containing a Commercial Component
SECTION 4.07.04 Special Requirements for Mixed Use Planned Unit Developments Containing a
Commercial Component, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
4.07.04 Special Requirements for Mixed Use Planned Unit Developments
Containing a Commercial Component
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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 PUO as
follows. The maximum size shall be fifteen (15) contiguous acres.
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7. Signs. /\ unifiod sign plan sh::lll bo submitted and m::lde ::l p::lrt of tho
::lpprov::l1 for tho noighborhood village oenter sito de'lelopment plan.
Tho ::lpprovod unifiod sign plan will ost::lblish signago spooifioations
::lnd 'I.'ill thoreforo bocomo the sign regul::ltions th::lt will ::lpply to the
noighborhood village oenter . Tho unifiod sign pbn sh::lll ::ldhore to
soction 5.06.00 of thic LDC, OXGOpt th::lt polo signs aro prohibitod. The
neiqhborhood 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.
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SUBSECTION 3. CC. AMENDMENTS TO SECTION 5.03.06 Dock Facilities
SECTION 5.03.06 Dock Facilities, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
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5.03.06 Dock Facilities
Page 61 of97
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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 ling 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 manmade canals sixty (60) feet or less in width, which are not reinforced
by a vertical seawall or bulkhead, at least thirty-three (33) percent of the true
waterway width, as depicted by the survey, must be maintained for
navigability.
4. The allowable protrusion of the facility into the waterway shall be based on the
percentages described in subsection 5.03.06(E)(2) of this LDC as applied to
the true waterway width, as depicted by the survey, and not the platted canal
width.
D. Determination as principal or accessory use.
1. On unbridged barrier islands, a boat dock shall be considered a permitted
principal use; however, a dock shall not, in any way, constitute a use or
structure which permits, requires, and/or provides for any accessory uses
and/or structures.
2. hBoathouses and dock faoilities facilities proposed on residentially zoned
properties, as defined in section 2.02.02 of this LDC, shall be considered an
accessory use or structure.
3. Any covered structure erected on a private boat dock shall be considered an
accessory use, and shall also be required to be approved through the
procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC.
E. Standards for dook bcilities dock facilities. The following criteria apply to dock
facilities facilities and boathouses, with the exception of dock bcilities facilities
and boathouses on man made lakes and other manmade 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 (Le. 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,
Page 62 of 97
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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 LDC 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 boathousest,. on lots at the end or side end of a
canal or waterway shall have a side setback requirement of seven and one-
half (7.5) feet as measured from the side lot line or riparian line, whichever is
appropriate.
8. Riparian lines for lots at the end or side end of a waterway with a regular
shoreline shall be established by a line extending from the corner of an end
lot and side end lot into the waterway bisecting equidistantly the angle
created by the two (2) intersecting lots.
9. Riparian lines for all other lots shall be established by generally accepted
methods, taking into consideration the configuration of the shoreline, and
allowing for the equitable apportionment of riparian rights. Such methods
include, but are not limited to, lines drawn perpendicular to the shoreline for
regular (linear) shorelings 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 channelt, 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, II which shall address, but not be limited to,
the following categories:
a. Education and public awareness.
b. Posting and maintaining manatee awareness signs.
12. Information 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
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side setbacks.
3. Maximum height: Fifteen (15) feet as measured from the top of the seawall or
bank, whichever is more restrictive, to the peak or highest elevation of the
roof.
4. Maximum number of boathouses or covered structures per site; One (1).
5. All boathouses and covered structures shall be completely open on all four
(4) sides.
6. Roofing material and roof color shall be the same as materials and colors
used on the principal structure or may be of a palm frond "chickee" style. A
single-family dwelling unit must be constructed on the subject lot prior to,
or simultaneously with, the construction of any boathouse or covered dock
structure.
7. The boathouse or covered structure must be so located as to minimize the
impact on the view of the adjacent neighbors to the greatest extent
practicable.
G. Standards for boat lift canoDies.
1. Boat lift canoDies shall be permitted over an existinq boat lift
attached to a dock leqallv permitted. bv 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 canODV shall not exceed 35 feet.
c. The heiqht of the boat lift canODV shall not exceed 12 feet.
measured from the hiqhest point of the canopy to the heiqht of
the dock walkwav.
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 canoDies shall meet the requirements of Awninqs and
Canopies in the Florida Buildinq Code.
f. Canopy cover material shall be limited to beiqe. or mid-ranqe
shades of blue or qreen.
q. No boatlift canoDies shall be permitted at sites that contain
either a boathouse or a covered structure.
2. Lots with frontaoe on canals shall be permitted a maximum of 1
boatlift canODV per site. Lots with frontaae on bays shall be
permitted a maximum of 2 boatlift canoDies per site.
.3. If an applicant wishes to construct a boat lift canODV that does not
meet the standards of subsection 5.03.06 G. above. then a petition for
a boat lift canODV deviation may be made to the Planninq
Commission which shall review a sufficient petition application and
either approve or den v the request.
G H. 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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M I. Procedures for approval of docks, dock facilities and boathouses.
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l J. Protection of sea grass 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) inch to 400 feet when such photographs are not available from the
County. The location of seagrass beds shall be verified by 8 Eito 'JiEit by the
County manager or designee prior to issuance of any project approval or
permit.
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SUBSECTION 3. DO. AMENDMENTS TO SECTION 5.05.08 Architectural and Site Design
Standards
SECTION 5.05.08 Architectural and Site Design Standards, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.05.08 Architectural and Site Design Standards
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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
community. The colors and materials must be well designed
and integrated into a comprehensive design style for the
project.
b. Extorior building oolorE. Tho UEO of Eolid bl8Ck, gr8Y, florosoont,
prim8ry or second8ry colored m8teri81s or finish paint is limitod
to no moro than ton poroont of a faoado or the tot81 roof 8ro8,
oxcopt that naturally occurring matorials aro pormissible, such
as marblo, granito, 8nd slate and tho following m8n made
m8torbls: silvor unp8intod mot81 roofs.
Exterior buildino colors.
i. The use of color materials or finish paint above level 8
saturation (chroma) or below liahtness level 3 on the
Collier County Architectural Color Charts is limited to no
more than 10 percent of a facade or the total roof area,
ii. The use of naturallv occurrina materials are
permissible, such as marble, aranite, and slate and the
followino man-made materials: silver unpainted metal
roofs.
iii. The use of florescent colors is prohibited
c. Exterior building materials (excludina roofs). 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.
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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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SUBSECTION 3. EE. AMENDMENTS TO SECTION 5.06.02 Permitted Signs
SECTION 5.06.02 Permitted Signs, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.06.02 Permitted Signs
A. Signs within residential zoned districts and as applicable to designated
residential 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 PUO
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 authorization letter between the property owner or
property manaQer and the applicant is required. specificallv
authorizinq approval of the erection of a sian on the subiect
parcel.
B. Signs within non-residential districts:
1. Design oritoria ::md I:Jnffiod sign pJan. Where multiplo on premiso signs
3re proposod for 3 single cito or projoct, or in the caGO of a shopping
Gonter or multi uso building , 3 unifiod sign plan Ghall bo omployod.
An applic:Jtion f-or Gito development or site improvomont plan :Jpprov:J1
sh:J1I bo 3ccompaniod by 3 gr3phic 3nd narr3tivo represont3tion of the
unifiod sign plan to bo utilized on tho sito. Tho unifiod sign pbn must
bo 3ppliod for by tho proporty ownor, or his or her authorized agent.
Tho unifiod sign pbn m3Y be amondod 3nd resubmittod for 3pprm/31
to refloct style ch3ngos or changing ton3nt noods. Dosign olomonts
.....hich sh311 bo addrossod in both gr3phic and narrativo form includo:
3. Colore:;
b. Construction m3teri31s and mothod;
c. Architoctur31 dosign;
d. IIIumin3tion mothod;
o. Copy style;
f. Sign type(s) and location(s); 3nd, conform:Jnce with the
foIlO'.\'ing:
i. Tho sign Sh311 not bo in tho sh:Jpo of a logo 3nd the logo sh311
not protrudo from tho sign.
ii. Tho uso of fluorescent colore: is prohibitod.
1. If the applicant is not the owner of the property. then a COpy of a
notarized authorization letter between the property owner or property
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manaaer and the applicant is reauired. specifically authorizina
approval of the erection of a sian on the subiect Darcel.
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SUBSECTION 3. FF. AMENDMENTS TO SECTION 5.06.03 Development Standards For Signs
SECTION 5.06.03 Development Standards For Signs, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
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 ~md residontial 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 addressina arid the
County Manaaer or his desianee may determine that this provision does not
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SUBSECTION 3. GG. AMENDMENTS TO SECTION 5.06.04 Sign Standards For Specific
Situations
SECTION 5.06.04 Sign standards For Specific Situations, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read 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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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 1 ,OOO-foot separation
between such signs, and all setback requirements are met. In no
case shall the number of pole or ground signs exceed two per street
frontage.
a. Maximum allowable height. All pole or ground signs within
nonresidential zoned districts and as applicable to
nonresidential designated portions of PUO 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
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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.
i. The around or pole sian shall not be in the shape of a loao
and the 1000 shall not protrude from the sian.
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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
buildingi aM .:.
i. The County Manaoer or desianee may administrativelv
vary the dimension reauirements of clear area. in cases
where architectural desion of facades restricts clear
area.
c. All wall signs for multi-use buildings shall be located at a
consistent location on the building facade, except that anchor
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tenants may vary from this locational requirement in scale with
the anchor's tenant's larger primary facade dimensions. AU
signs f:>hall adhore to the dimonf:>ionf:> providod for in tho unifiod
f:>ign pl3n.
d. No wall or mansard sian shall proiect more than 18 inches
from the buildina or roofline to which it is attached.
e. Multi-story buildinas with three or more stories are limited to 1
wall sian per street frontaae not to exceed a maximum of 2
wall sians per buildina. but such sians shall not be placed on
the same wall.
i. Wall sians may be located in the uppermost portion of
the buildina not to exceed the main roof or parapet. A
notarized authorization letter is required at the time of
buildina permit submittal from the property owner or
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.
iii. No wall sian shall exceed 80 percent of the width of the
unit(s) occupied by a business with a minimum of 10
percent clear area on each outer edqe of the unit(s) .
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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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8. Signage for automobile service stations. The following are the only
signs allowed in automobile service stations and convenience stores
with gas pumps.
a. Window signs: As allowed per LDC. in thif:> sootion 5.06.03 of
tho Codo.
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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11. Conservation Collier signs. In addition to other signs allowed by this
Code, lands acquired for the Conservation Collier lands program shall
be allowed to have one ground sign having a maximum height of eight
feet and a maximum sign area of 32 square feet to identify the main
preserve entrance. This sign shall require a permit and shall be
allowed if there is no principal structure on the property.
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-:t-2 ~. Special purpose signs (on-site). Due to the unique and varied nature
of the following uses, additional signs may be required to provide the
desired level of service to the public. Special purpose signs shall be
permitted as follows:
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a. Time and temperature signs. One time and temperature sign
having a surface area not exceeding 12 square feet shall be
permitted at each industrial, commercial or other non-
residentially zoned property. Such signs may be affixed to the
structure of a pole or ground sign. Such sign shall require a
building permit.
b. Barber Pole signs. All traditional size (not more than 54 inches
in height and not more than 6 inches in diameter) and style
barber poles which contain any illuminated moving or rotating
part may be permitted as a lawful sign if the following and all
other applicable requirements are met:
i. The barber pole sign is attached to the exterior wall of
an establishment providing the services of a licensed
barber;
ii. Each such establishment (barbershop, salon, etc.) is
limited to only one barber pole sign;
iii. No barber pole sign may move or rotate except when
the establishment is open and providing the services of
a licensed barber; and
iv. All barber pole signs that illuminate, whether or not
they rotate, otherwise comply with section 5.06.06 C.16.
for illuminated signs.
4.J 14. Commercial, business park and industrial directional or identification
signs. Directional or identification signs no greater than six square
feet in size, four feet in height, and located internal to the subdivision
or development and with a minimum setback of ten feet, may be
allowed subject to the approval of the County Manager or his
designee, or his designee. Such sign shall only be used to identify the
location or direction of approved uses such as sales centers,
information centers, or the individual components of the development.
Directional or identification signs maintaining a common architectural
theme may be combined into a single sign not to exceed six feet in
height and 64 square feet in area. Such signs shall require a building
permit. For signage to be located along the Golden Gate Parkway, see
sections 2.04.03, 2.03.05 and 2.03.07 and the Golden Gate Master
Plan. Logos shall not occupy more than 20 percent of the directional
sign area when the said sign is more than six square feet in area.
Directional signs are also subject to restrictions of section 5.06.05 of
this Code.
44 15. On-premise signs within agricultural districts in the rural agricultural
area designated on the future land use map of the growth
management plan. On-premises signs shall be permitted within
agriculturally zoned or used property, for agri-commercial uses defined
within the Collier County zoning ordinance only, and subject to the
following restrictions:
a. One pole or ground sign identifying the farm organization,
located at the entrance or gate of each street frontage, and
only for permitted agricultural uses. The maximum allowable
sign area for each pole or ground sign shall not exceed 100
square feet with a maximum height of 20 feet, and shall be
located a minimum of 15 feet from any property lines, public or
private right-of-way or easement.
i. On premise signs within agricultural zoned districts in
the urban area shall comply with the requirements of
section 5.06.04 A. of the Land development Code.
b. Seasonal farm signs (on-site). One temporary ground sign,
with a maximum height of ten feet, and located a minimum of
ten feet from any property line, public or private right-of-way
or easement, identifying the farm, farm organization, entrance,
or gate not exceeding 32 square feet in area. This sign shall
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be used to identify temporary agricultural offices so as to
expedite the exportation of crops to various parts of the county.
Such signs shall be permitted for a period not to exceed 30
days and may be issued only twice in any calendar year. Such
signs shall require a building permit.
c. U-Pic signs. One U-Pic sign located at the entrance on each
street frontage. The maximum allowable sign area for each
U-Pic sign shall not exceed 32 square feet in area and a
maximum height of ten feet, and shall be located a minimum of
ten feet from any property line, public or private right-of-way
or easement.
d. Wall, mansard canopy or awning signs within agricultural
districts. Wall, mansard, canopy or awning signs shall be
permitted within agriculturally zoned or used property, for agri-
commercial uses defined within the Collier County zoning
ordinance only, and subject to the following restrictions:
i. One wall or mansard, canopy or awning sign shall be
permitted for each principal use structure on the
parcel. Corner parcels or double-frontage parcels
shall be allowed one sign per street frontage, but such
signs shall not be combined for the purpose of placing
the combined area on one wall. The maximum
allowable display area for any sign shall not be more
than 20 percent of the total square footage of the wall to
which it is affixed, and shall not in any case exceed 250
square feet in area per sign.
-1-e 16. Off-premises directional signs. Off-premises directional signs are
permitted subject to review and approval of the design and location of
such signs by the County Manager or his designee, or his designee, if
the following requirements are met:
a. Off-premises directional signs shall only be permitted in
nonresidentially zoned, or agricultural districts.
b. No more than two one-sided or one double-sided off-premise
directional signs shall be permitted, identifying the location and
nature of a building, structure, or use which is not visible from
the arterial roadway serving such building, structure, or
uses, provided:
i. Each sign is not more than 12 square feet in area.
ii. The sign is not more than eight feet in height above the
lowest center grade of the arterial roadway.
iii. The sign is located no closer than ten feet to any
property line.
iv. The applicant must submit with the permit application
notarized, written permission from the property owner
where the off-site sign is located.
v. The sign shall only be located within 1,000 feet of the
intersection of the arterial roadway serving the
building, structure, or use.
c. Off-premises directional signs shall not be located closer than
50 feet from a residentially zoned district.
d. Off-premises directional signs shall not be located closer than
100 feet from another off-premises directional sign.
~ 17. Illuminated signs. All illuminated signs shall have electrical
components, connections, and installations that conform to the
National Electrical Code, and all other applicable federal, state, and
local codes and regulations. Further, lighted signs shall: be shielded in
such a manner as to produce no glare, hazard or nuisance to
motorists or occupants of adjacent properties; nor be reflective or
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phosphorescent; have a steady nonfluctuating or non undulating light
source.
18. Sionaoe for Public Use Facilities: These requirements applv to siems
for public use facilities. as identified below. where siems are
informational and contain no commercial advertisements. Sionaoe for
these facilities is exempt from the requirements provided in section
5.06.02 A.7 (Conditional uses within residential and aoricultural
districts). In addition. the number of siems. location and distance
restrictions per section 5.06.04.C shall not applv to public use facilitv
siQnaoe. Applications for such sian permits must be applied for
accordino to the requirements of section 10.02.06.B.2 (Buildina
permit applications for sians). Public facilities consist of:
a. Government buildinQs and or uses, such as public parks &
libraries, law enforcement. fire departments. and emeroencv
medical services.
b. Accredited public or private schools K-12.
c. Hosoitals: As defined in the LDC.
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SUBSECTION 3. HH. AMENDMENTS TO SECTION 5.06.06 Prohibited Signs
SECTION 5.06.06 Prohibited Signs, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
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:
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LL. The use of fluorescent colors is prohibited.
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SUBSECTION 3. II.
AMENDMENTS TO SECTION 6.02.02 Management and Monitoring
Program
SECTION 6.02.02 Management and Monitoring Program, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
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 desionee determines that a site
develooment olan or plat application when reviewed cumulativelv with
proiects submitted within the last six months from the same master
project or develooment does not meet the transportation concurrency
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requirements or is contrary to the purpose and intent of this section. as
stated 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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SUBSECTION 3. JJ. AMENDMENTS TO SECTION 6.06.02 Sidewalks and Bike Lane
Requirements
SECTION 6.06.02 Sidewalks and Bike Lane Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
6.06.02 Sidewalks,l, aml-Bike Lane and Pathway Requirements
A. Unless otherwise exempted by the regulations of this LDC, a 811
developments must construct sidewalks.!. aA€i-bike lanes, and pathways.
,-,,,here applicable, prior to completion of construotion authorized by a final
subdivision plat, site improvement, or site development plan, or any
substantial amendment thereto, and as described below:
1. Sidewalks and bike lanes where required, must be constructed within
public and private rights-of-way or easements, which are adjacent to
and internal to the site prior to issuance of the first certificate of
occupancy for construction authorized 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 1 23-4 Bike Lanes - Both sides,;t-
Section
6 feet wide 5 feet wide
Arterials and X X
collectors
Local/Internal X
Accessway
'- 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 Pathwavs Plan Update, as amended. as a
potential off-street oathwav corridor. except that for resiEfential Ele\'elapmeRt J3rojeGts where 75% or more of
that f3rojoct's land area hoe been approved as of [the effectivo date of this ordinance] for site Ele\'elepmeRt
plaRs or fiRal 6YBElivisiaR plats with siElewalks or Bike laRes thot are only required on one siEJo of tho
ROW, then all applications for subsequent site ElevelapmeRt plaRs or fiRal sYBdMsion plat may be
approved with sidewalks or bike laRes on only one side of the ROtA!.
4 for develapmeRt projects soel<ing approval of a flRal sYbElivlsiaR plat or site develoJ3meAt plan of 25 or
fewer dwelling unite where those unite front on a ROW that torminates in 0 cui de sac, then sidewalks or
Bike laRes will only be roquired on one side of the ROWand not around tho circumference of the cui de sac.
2. Sidewalks and bike lanes must be constructed within public and
private riahts-of-wav or easements, which are internal to the site, as
follows:
Tvpical Cross Sidewalks - Bike Lanes -
Section Both sides123456 Both sides 1 2 34 6
6 Feet wide 5 feet wide
Arterials and ~ ~
collectors
Local/I nternal ~
Accesswav
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1_ exceot that onlv reauired on one side (closest to the development) where riaht.of.wav is adiacent to. but
not within. the subiect development and exceot as set forth below in this section,
2_ unless otherwise determined bv the County Manaaer. or desianee. that the existina ROW cross-section is
ohvsicallv constrained or construction would result in unsafe conditions,
3_ exceot that for residential development oroiects where 75% or more of that oroiect's land area has been
aooroved as of March 8. 2005 for site development plans or final subdivision plats with sidewalks or
bike lanes that are onlv reauired on one side of the ROW. then all aoolications for subseauent site
development plans or final subdivision plat may be aooroved with sidewalks or bike lanes on onlv one
side of the ROW.
4_ for development oroiects seekina aooroval of a final subdivision plat or site develooment olan of 4 or
fewer dwellina units oer aross acre and where 15 or fewer dwellina units front on a a ROW that terminates in
a cul-de-sac. then sidewalks will onlv be reauired on one side of the ROWand not around the
circumference of the cul.de.sac.
5 _ orior to the issuance of individual certificates of occuoancv. the reauired sidewalks alona the individual
oarcels frontaae shall be constructed.
6 _ orior to the issuance of 75% of the certificates of occuoancv authorized bv a final subdivision Dial. site
imorovement or site develooment olan. all sidewalks and bike lanes shall be constructed, unless otherwise
determined bv 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-of-way or easements, which are adiacent to or
internal to the site. Prior to issuance of the first permanent certificate of
occupancy for construction, authorized 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.
~ 1. For sinqle-familv and multi-family site development and site
improvement projects within all conventional zoning districts and all
sinqle-familv and multi-family residential components of PUD districts:
a. Sidewalks, five feet in width, must be provided within a
dedicated public or private right-of-way or other internal
access. Where there is no public or private right-of-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-of-way or, if no sidewalk exists therein, must
connect to the edge of the adjacent paved road within the
right-of-way.
b. Alternative sidewalk designs that are determined by the
County Manager, or designee, to be at least equivalent in
function and area to that which would otherwise be required
and would serve each dwelling unit, may be approved. Should
a two-directional shared use Dathwav side'J:alk be proposed
as an alternative design, then the minimum paved width of the
Dathwav sidev:alk_must not be less than ten feet.
J~. All sidewalks and bike lanes must also be constructed in accordance
with design specifications identified in sub-section e E., below.
4.Q. 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-of-way or easement for all
required roads, sidewalks, and bike lanes. Bike lanes and sidewalks
interconnections must be constructed concurrently with the required road
interconnection.
C. Payment-in-Iieu 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-of-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,
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2. the cost of proposed sidewalks or bike lanes would be greater than
twenty-five (25%) per cent of the development's cost of improvements
as determined by the project engineer's estimate approved by the
County Manager, or designee, or
3. an existing development has not been constructed with sidewalks or
bike lanes and no future connectivity of one or more of these facilities
is anticipated by the Comprehensive Pathways Plan or within the
Plan's current five year work program.
D. In lieu of construction of required sidewalks,!. aAG bike lanes and pathways,
all
developments approved or required to make payments-in-lieu must either:
1.:. Provide funds for the cost of sidewalks,!. aAG 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
Oevelopment 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 project 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 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 by a final subdivision plat. site improvement. or
site development plan, unless otherwise determined by the County
Manaqer or desiqnee.
E. If payment-in-lieu is the recommendation by the County Manaqer or desiqnee.
g2uch funds will be used by the County for future construction of required
sidewalks,!. aAG bike lanes and pathways, and system improvements to the
bicycle and pedestrian network at locations as close in proximity to the subject
site as is feasible. Funds provided as payments-in-lieu do not release the
developer from meeting these requirements if the payment-in-lieu amount is
less than what would otherwise be required to completely construct all of the
required sidewalks,!. aAG bike lanes and pathways. In that event, the
development will continue to be obligated to payor construct the outstanding
requirements until fully paid or constructed, except that partial payments
previously made will fully vest that portion paid. Any future payments-in-lieu
will be applied to the developer's continuing obligation to construct sidewalks,!.
aAG bike lanes and pathways under the current LDC specifications.
.Q.,. F. Sidewalk,!. ami Bike Lane. and Pathway Design & Construction/Materials.
1.:. All sidewalks shall be desiQned and constructed in accordance with
the latest edition of FOOT's Desiqn 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 limerock base but
must be constructed over a compacted subgrade; roads with a
functional classification as local or with no functional classification (Le.,
drive or accessways) may be constructed of a minimum of four inches
of such concrete over a compacted subgrade. Expansion joints shall
be one-half-inch preformed bituminous conforming to the latest edition
of ASTM. Contraction joints shall be saw-cut joints with longitudinal
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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, sootion 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" or the "Manual of Uniform Minimum Standards for Design,
Construction and Maintenance for Streets and Highways" (commonly
known as the "Florida Greenbook") requirements.
1. All pathways shall be desiqned in accordance with the most current
FOOT Bicvcle Facilities Planninq and Desiqn 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 Countv. then
upon the approval of the County Manaqer, or desiqnee. it may be
permitted. Pathways may be constructed of the followinq types of
materials:
a. Concrete - All pathways constructed of Portland cement
concrete. shall be a minimum of six inches thick of concrete
which may be constructed without a limerock base but must be
constructed over a compacted 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.
~ 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 Tvpe S-III asphaltic
concrete, unless an alternate cross-section is otherwise
determined to be acceptable bv the County Manaqer. or
desianee.
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SUBSECTION 3. KK. AMENDMENTS TO SECTION 8.06.03 Powers and Duties
SECTION 8.06.03 Powers and Duties, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
8.06.03 Powers and Duties
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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 applicant aggriovod by aotion of tho E^C may appoal to tho BZ/\.
Said appoal shall bo in acoordanoo with tho procodure and standard€: of
sootion 10.02.02 for appoal of writton intorprotations.
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
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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 allowina treated stormwater to be discharaed in Preserves as
allowed in section 3.05.07 .
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SUBSECTION 3. LL. AMENDMENTS TO SECTION 8.06.04 Membership
SECTION 8.06.04 Membership, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
8.06.04 Membership
A. Appointment. Nine (9) reaular members and 2 alternate members of the EAC
shall be appointed by, and serve at the pleasure of, the BCC. Alternate
members will be reauested to attend meetinas when reaular members have
notified staff that they will be absent. Alternate members will participate in
discussions and vote when replacina a reaular 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
faHf....( 4 t years. Terms shall be staggered so that no more than a minority of
such members' appointments will expire in anyone year.
B. Vacancies. Vacancies on the EAC shall be publicized in a publication of
general circulation within the County, and vacancy notices shall be posted in
the County libraries and County courthouse.
C. Qualifications. Members shall be permanent residents and electors of the
County and should be reputable and active in community service. The primary
consideration in appointing EAC members shall be to provide the BCC with
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 &i*-f 6 t technical reaular members and
throe ( 3 t non-technical reaular 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 sub-
disciplines 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.
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SUBSECTION 3. MM. ADDITION OF SECTION 8.06.10 Appeal
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SECTION 8.06.10 Appeal, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
8.06.10 Aooeal.
A. Anv person aoqrieved bv the decision of the county manaaer or his desianee
reoardina 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 reauest for appeal. not later than ten days after said
decision. with the EAC. The EAC will notify the aaarieved person and the
county manaaer or his desionee of the date. time and place that such appeal
shall be heard: such notification will be aiven 21 days prior to the hearina
unless all parties waive this reauirement. The appeal will be heard bv the EAC
within 60 days of the submission of the appeal. No less then ten days prior to
the hearina the aoorieved person and staff shall submit to the EAC and to the
county manaoer or his desiqnee copies of the data and information they
intend to use in the appeal, and will also simultaneouslv exchanae such data
and information with each other. Upon conclusion of the hearina the EAC will
submit to the board of county commissioners its facts. findinas and
recommendations. The board of county commissioners. in reaular session.
will make the final decision to affirm. overrule or modify the decision of the
county manaaer or his desionee in liaht of the recommendations of the EAC.
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SUBSECTION 3. NN. AMENDMENTS TO SECTION 8.08.00 Code Enforcement Board
SECTION 8.08.00 Code Enforcement Board, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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8.08.00 Code Enforcement Board
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G. Civil penalties and remedies.
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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
or desionee shall have the authority to issue a stop work order in the form of a
written official notice given to the owner of the subject property or to his agent
or to the person doing the work where such a violation has been committed or
exists. Upon notice from the county manaaer or desianee 3dminit:;tr3tor 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. safetvand
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 manaaer or desianee
3dminit:;trator shall be sufficient.
a. If the owner of the subiect property. his aaent. or the person doino the
work where such a violation has been committed or exists. fails to
complv with the stop work order posted on the property. the county
manaoer or desionee may issue a citation, which may result in the
imposition of a fine UP to and includina $500. or may initiate further
administrative or iudicial enforcement proceedinos. In addition, the
county manaaer or desionee may impose administrative costs on the
responsible owner. aaent. or person. Nothino set forth herein is
intended to limit any existino leaal rioht or recourse that the alleoed
violator may have to contest the stop work order.
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SUBSECTION 3. 00. AMENDMENTS TO SECTION 9.04.04 Specific Requirements for Minor
After-the-Fact Encroachment
SECTION 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as follows:
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 4.02.01.0 shall not be used in
the calculations of existina yard encroachments. For the purposes of this subseotion, minor
yard encroachments shall be divided into three (3) c1assifioations:
I.... StruGtures for Y:hich a building permit has been issued and is under reviow,
but for whioh a cortificato of occupanoy has not boen grantod. The County
Managor or dosigneo may administratively approve minor after the fact yard
encroaohments of up to fivo (5) peroont of the requirod yard ,not to oxoood
a maximum of six (6) inchos. For single family , mobile/modular homes
, duplex ,and two family dwelling units only, in tho presenco of mitigating
ciroumstanoos, whore the enoroachment does not result from orror or action
on the part of tho applioant , the County Manager or dosignoo may
administratively approve enoro:lOhments of up to twenty five (25) percont of
tho required yard.
B. Structures for whioh a building pormit and certificate of oooupanoy or a
final de'Jelopmc:mt order has been granted. The County Manager or
designee may administratively approve minor aftor the fact yard
encroachmonts of up to ten (10) percont of tho roquirod yard which
requiremont was in offoot as of tho date on which the cortificato of oooupanoy
or final de....elopment order was issuod, not to excoed a maximum of t'NO
(2) feet. For single family, mobile/modular home, duplex , and h\'o family
dwelling units only, tho County Managor or dosigneo may administrativoly
approve minor aftor the faot yard encroaohmonts of up to twenty fivo (25)
porcent of tho requirod yard which requirement was in effeot as of tho date
on which the certifioato of oocupanoy or final deyelopment order 'Nas
issuod.
C. Single family, duplex and two family dwelling units only for which no
building permit record oan bo produood. Providod that all of tho following
criteria aro mot, the County Manager or dosignoo may administrati'/oly
approvo minor after the bot enoroaohments of up to twenty fivo (25) porcent
of tho required yard , providod that:
1. The enoroaching struoture, or portion of the structure, 'Nas oonstruotod
prior to tho purchase of tho subjoct property by tho ourront own or.
2. Evidonce is presented shO'.\'ing the onoroaching struGture, or portion of
tho structure, was constructed at lease t'NO (2) years prior to tho dato of
application for the administrative variance. This ovidonoe may bo in tho
form of a survey, property card, or dated aorial photograph clearly
showing the encroaohment.
3. The enoroaching structure is either an addition of living area to a
principal structure, or an aooessory structure of at loast 200 square
feet in aroa.
2. The enoroachmont presents ne safety hazard and has no adverso affoot
on the public \\'olfure.
3. I\n after the fact building pormit for the structure, or portion of the
struGture, is issued prior to the application f.or the administrativo ':arianoe.
The administrati':o varianoe will only bo approvod once all inspeotions
have beon completod, and tho cortificato of ocoupancy will bo issued onoe
tho administrative variance has boon approved.
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D. Undor no circumst~:mcos shall any administrativo varianco bo approvod which
'Nould allo'^, a reduction of tho soparation bot'...,oen structures to loss than ton
(10) foot. Administrati'JG varianooG approvod pursuant to tho abovo do not run
with tho land in porpotuity and romain subjoct to tho proviGiom: of thiG Gootion
regarding non oonforming Gtruoturoc.
A. For both residential and non-residential structures the County Manaqer or
desiqnee may administrativelv approve minor after-the-fact yard
encroachments of UP to five (5) percent of the reauired yard, not to exceed a
maximum of six (6) inches when:
1. A buildina permit has been issued and is under review, but for which
a certificate of occupancy has not been qranted.
2. A buildino permit and certificate of occupancy or a final develooment
order has been aranted.
B. For both residential and non-residential structures. the County Manaqer or
desjqnee may administrativelv approve minor after-the-fact yard
encroachments of UP to ten (10) percent of the reauired yard with a maximum
of two (2) feet.
1. A buildino permit and certificate of occupancy or a final develooment
order has been aranted.
2. The encroachment applies to the yard reauirement which was in effect
as of the date on which the certificate or occupancy or final
develooment order was issued.
C. For property supportina a sinale-familv home, two-familv home. duplex.
mobile home or modular home. the County Manaaer or desianee may
administrative approve encroachments of UP to twenty-five (25) percent of the
reauired yard in effect as of the date of the final develooment order.
1. In the presence of mitiaatinq circumstances, where the encroachment
does not result from error or action on the part of the property owner.
2. Structures for which a final develooment order has been issued.
3. When no buildinQ permit record can be produced the followinq 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 onlv be
approved once all inspections have been completed, and the
certificate of occupancy will be issued on Iv 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 bv the
current owner.
c. Evidence is presented showina that the encroachinq 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 photoaraph c1earlv showina the
encroachment.
d. The encroachinq structure is either an addition of livinq area to
a orincioal structure, or an accessory structure of at least
200 sauare feet in area.
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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
nonconforminQ 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 nonconforminQ structures.
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SUBSECTION 3. PP. AMENDMENTS TO SECTION 10.02.02 Submittal Requirements for all
Applications
SECTION 10.02.02 Submittal Requirements for all Applications, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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 Qualifyino for an
exemption pursuant to section 10.02.02 A.7., as required by this Code
it shall be unlawful and no building permit, conditional use, zoning
change, subdivision or condominium plat or unplatted subdivision
approval or other county permit or approval of or for development or
site alteration shall be issued to cause the development of or site
alteration of:
a. Any site with a ST or ACSC-ST overlay.
b. All sites seaward of the coastal management boundary that are
2.5 or more acres.
c. All sites landward of the coastal management boundary that
are ten or more acres.
d. Sites where a prior EIS was prepared and approved for the
same area of land and where the following exist:
i. Greater impacts to preserve areas or chongos in
location to prosorvo oroos 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 pro'lious prior EIS 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
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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.
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
Oepartment and the Florida Department of
Environmental Protection.
v. Provide documentation from the Florida Master Site File,
Florida Oepartment 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 analvsis demonstratinQ that the Droiect will
remain fullv functional for its intended use after a six-
inch rise in sea level as required bv the Growth
ManaQement 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. ^Iso, singlo family or duplex uso
on a single lot or parcel.
c. Agricultural uses. Agricultural uses Aqricultural uses.
Aqricultural 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.
h. A conventional rezone with no site plan or proposed
development plan. This exemption does not apply to lands
that include any of the followina zonina. overlays or critical
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habitats: Conservation (CON), Special Treatment (ST), Area of
Critical State Concern (ACSC), Natural Resource Protection
Areas (NRPA's), Rural FrinQe Mixed Use (RFMU) Sendina
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 foraaina
habitat for listed species.
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G. Transportation impact statements.
1. Purpose.
a. The purpose of this section is to outline the minimum
rea u i rements for the review of and reauirements for the
submittal of a transportation impact statement which is reauired
to be submitted as part of a develoDment order application.
Transportation impact statements will:
i. Comply with the existina Transportation Impact
Statement (TIS) auidelines and procedures in resolution
2003-410 as may be amended from time to time.
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SUBSECTION 3. QQ. AMENDMENTS TO SECTION 10.02.03 Submittal Requirements for Site
Development Plans
SECTION 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.03 Submittal Requirements for Site Development Plans
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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.
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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.
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(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:
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(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.
(Vf)
(vii)
(viif)
(~viii)
(ix)
(xO
(xii)
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(i)
Scaled elevation for all sides of the
building;
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;
Site sections showing the relationship
to adjacent structures; and
.^. unifiod sign plan m:: roquired Sootion
5.05.08. Ropresontations made on tho
sito dovolopmont plan shall beoome
conditions of approval. building plans and
architootural drawings submittod in
conjunotion with an applioation f.or any
building pormits shall bo oone;istont with
tho building plane; and arohitoctural
drawinge; e;ubmittod and approvod for tho
SOP or SIP.
For nonresidential projects, total building
footage and a square footage breakdown
by use (i.e., office, retail, storage, etc.)
and its percentage of the total building;
for hotels and motels, the
minimum/maximum (as applicable) floor
area, or proposed floor area ratio,
required. and floor areas.
All required and provided setbacks and
separations between buildings and
structures in matrix form.
Maximum zoned building height allowed
and actual
building height as defined in
Section 1.08.00.
Zoning and land use of the subject
property and adjacent properties,
including properties abutting an
adjacent right-of-way or right-of-
way easement.
North arrow, scale, and date.
The South Florida Water Manaoement
Oistrict Environmental Resource Permit
or General Permit number.
Stormwater manaoement control
structure(s) location (referenced to
State Plane Coordinates, Florida East
Zone, North American Datum 1983 (NAO
'83)' latest adjustment).
Stormwater manaaement control
elevation(s) and overflow elevation(s)
(referenced to the North American
Vertical Datum, 1988 (NAVO '88), latest
adiustment), and NGVD.
(ii)
(iii)
fW)
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(xiif) 25-vear/ 3-dav desian discharae at
control structureCs).
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i. Infrastructure improvement plans. Detailed on-site and off-site
infrastructure improvement plans and construction documents
prepared in conformance with the design standards of Sections
10.02.04 and 10.02.05 and any current county ordinances, regulations,
policies and procedures which consist of, but are not limited to the
following items:
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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 NGVO and
NA VO).
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4. Site development plan time limits for review, approval and
construction.
b. Approved site development plans (SOPs) only remain valid and
in force for two years from the date of their approval unless
construction has commenced, 3t:: foIlO\\'G. If actual construction
has not commenced within two years, measured by the date of
the SOP approval letter, the site development plan approval
term expires and the SOP is of no force or effect; however, one
amendment to the SOP may be approved prior to the expiration
date, which would allow the SOP, 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 SOP or SOP Amendment shall be completed, and the
engineer's completion certificate provided to the engineering
services director, within 18 monthc 2 years of the pre-
construction conference, ~ which will be considered the date
of commencement of construction. A single t::ix month one-year
extension to complete construction may be granted for good
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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 SOP or SOP
Amendment approval term expires the SOP is of no force or
effect.
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SUBSECTION 3. RR. AMENDMENTS TO SECTION 10.02.04 Submittal Requirements for Plats.
SECTION 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.02.04 Submittal Requirements for Plats.
A. Preliminary subdivision plat requirements.
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2. Preliminary subdivision plat requirements. . . . . .
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n. Ground elevations based on both tAe NA VD and NGVD shall
be shown. The information may be shown referenced to one
datum with a note on the cover sheet Iistinq 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 :Jbove NGVD of the lots or homesites, and
the minimum base flood elevation :Jbo'lo NGVD as required.
All qrades must be shown in both NAVO 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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SUBSECTION 3. SS. AMENDMENTS TO SECTION 10.02.05 Submittal Requirements for
Improvement Plans
SECTION 10.02.05 Submittal Requirements for Improvement Plans, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.05 Submittal Requirements for Improvement Plans
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E. Improvement plan requirements.
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2. Improvement plans submission requirements. The improvement plans
shall be prepared on 24-inch by 36-inch sheets and well as being
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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 Oigital Exchange File (DXF) format; information layers
shall have common naming conventions (Le. right-of-way - ROW,
centerlines - CL, edge-of-pavement - EOP, etc.)
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h. Benchmark, based on NOAA datum (both NAVD and NGVO).
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3. Required improvements. . . .
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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 5 1/2 f-eet NGVD when completod, or to such minimum
elevations above the established NGVO NA VD datum as
adopted by the board of county commissioners, FEMA/FIRM,
or South Florida Water Management Oistrict 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:
L 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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SUBSECTION 3. TT. AMENDMENTS TO SECTION 10.02.07 Submittal Requirements for
Certificates of Public Facility Adequacy
SECTION 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy
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C. Certificate of public facility adequacy.
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b. Annual Traffic/PUO Monitoring Report. After February 6, 2003,
the effective date of this section's amendment, all PUDs which
are less than W 100 percent :built-ou(, 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 LOC 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-Iieu is provided pursuant to section
1 0.02.13.F., and must indicate any revised estimates to the
initial build-out schedule and any resulting effect on traffic
impact projections, along with any progress towards completing
any developer contribution requirements. Traffic/PUD
Monitoring Reports which are more than ninety (90) days past
due will result in the suspension of final local development
order issuance for the PUD pending receipt of the Report. The
county manaQer or desiQnee may waive the traffic counts for
the annual monitorinQ period for the entire PUO or portions of
the PUO when the remaininq 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 riQhts to any
un-built units and declare themselves "built-out" in order to
satisfy all reportinQ 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 PUO.
The traffic reportinq requirements are the responsibility of the
entity that retains the remaininQ development riQhts to any un-
built units or intensity.
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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 temporarv. one-year
capacity reservation previously secured by the applicant upon
the County's acceptance of the TIS pursuant to section
10.02.07 CA.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 time line 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
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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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4. Procedure for review of application.
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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 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 Oivision for processing no later
than the next business day. After receipt of the application for
certificate of public facility adequacy, the
Community Development ::md Environmontal Sorvicoc Divicion
/\dminictrator, County Manaaer. or desianee, and
Transportation Services Division Administrator. or desianee.
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'lelopment and En'lironmontol Sorvicoc Division
/\dministrator County Manaaer. or desianee. and
Transportation Services Division Administrator. or desianee.
shall take no further action on the application unless the
deficiencies are remedied. The applicant shall provide the
additional information within 60 days or the application will be
considered withdrawn and the application fee is forfeited.
Within 20 businocs days a 8fter any application for a
certificate.. except for road facilities.. is received and tAe
opplication is determined to be complete, the
Community De-:elopment and Environmontal Sorvicos Division
Administrator County Manaaer. or desianee. shall review and
grant, or deny each public facility component except for roads
in the application pursuant to the standards established in
section 10.02.07 C.5. of this Code. The Transportation
Services Division Administrator. or desianee. shall review the
related traffic impact statement and, if there are no outstandina
transportation-related issues associated with the applicable
develoDment order application. grant, or deny a one-year
traffic capacity reservation for roads within 20 businocc days
pursuant to subsection 10.02.07 CA.f. within the then effective
submittal review time frame set forth by the County Manaaer,
or desianee. aftor tho opplicotion is dotorminod to bo comploto
At the Transportation Services Division Administrator's or
desianee's discretion, based upon their professional iudament.
arantina of said traffic capacity reservation may be withheld
beyond the aforementioned time frame as lona as there are
outstandina transportation-related issues associated with the
applicable development order application until after receipt
and review of re-submittal(s) that remedy all of said
outstandina transportation-related issues. If the Transportation
Services Oivision Administrator, or desianee. determines that
the applicable development order application can be
approved with stipulations related to outstandina
transportation-related issues. they shall arant the said one-year
traffic capacity reservation for roads within the aforementioned
submittal review time frame. or at the earliest opportunity
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thereafter. The traffic capacity reservation will be aranted
durinq. and as part of, the applicable development order
review and decision makina procedures set forth in this
chapter, subject to a final concurrency determination. issuance
of a COA and tRe approval of the final development order.
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SUBSECTION 3. UU. AMENDMENTS TO SECTION 10.02.13 Planned Unit
Development (PUD) Procedures
SECTION 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.02.13 Planned Unit Development (PUD) Procedures
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 ::md a pyt) dooumont 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 PUO master plan shall ...(No change)
2. PUD dooument application. The applicant shall submit data supporting
and describing the application petition for rezoning to PUD in the form
of a PUD documont application that includes a development
standards table. developer commitments and a list of deviations from
the LOC. The pyt) documont 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 servioos zoninq and land development
review department director. The PUO dooument application shall
contain the following information unless determined by the director to
be unnecessary to describe the development strategy:
a. Title pogo to inolude A-Name of project;
b. Indox/tablo of oontonts;
e ,Q. List of exhibits which are proposed to be included in the
ordinance of adoption;
a ~. Statement of compliance with all elements of the growth
management plan;
e g. General location map drawn to scale, illustrating north point
and relationship of the site to such external facilities as
highways, shopping areas, cultural complexes and the like;
f ~. Property ownership and general description of site (including
statement of unified ownership);
9 f. Description or narrative of project development;
R g. Boundary survey (no more than six months old) and legal
description;
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f h. Proposed and permitted land uses within each tract or
increment which shall be incorporated into the ordinance of
adoption;
f 1. 8. Ggimensional 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;
* j. The proposed timing for location of, and sequence of phasing
or incremental development within the PUO;
l.ls. 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;
~ 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;
6 [. Agreements, provisions, or covenants which govern the use,
maintenance, and continued protection of the PUO and any of
its common areas or facilities;
t ~. Development commitments for all infrastructure and related
matters;
H 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 pl::mning servioe€: zoninq and land development
review department director may request schematic
architectural drawings (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
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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. Oeviations from master plan elements. The planning cervioes zonina
and land development review department director may exempt a
petition from certain required elements for the PUD master plan
pursuant to section 10.02.12 of this Code when the petition contains
conditions, which demonstrate that the element may be waived without
a detrimental effect on the health, safety and welfare of the
community. All exemptions shall be noted within the PUD submittal
and provided the board of county commissioners.
B. Procedures for planned unit development zoning. Petitions for rezoning to
PUD in accordance with section 10.02.12 shall be submitted and processed
as for a rezoning amendment generally pursuant to section 10.02.12 and in
accordance with the following special procedures:
1. Preapplication conference. Prior to the submission of a formal
application for rezoning to PUD, the applicant shall confer with the
planning servioes 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:
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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 PUO 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 dooument
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.
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D. Time limits for approved PUDs. For purposes of this section, the word
"sunset" or "sunsetting" shall be the term used to describe a PUD which has,
through a determination made by the planning services department director,
not met the time frames and development criteria outlined in section
10.02.12 of this Code as applicable. For all PUDs, the owner entity shall
submit to the planning services department director a status report on the
progress of development annually from the date of the PUD approval by the
board of county commissioners. The purpose of the report will be to evaluate
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whether or not the project has commenced in earnest in accordance with the
following criteria:
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2. For PUDs approved on or after October 24, 2001. but orior
to [the date of adoption ordinance] the land
owner shall:
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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 aooroved on or after the date of adootion 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 adeauacy (COA)
shall be considered expired and void of any remainina
development riahts. In the event that action or in-action by the
County or any requlatory aqency or leaal 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. continaent that the applicant has
been diliqently pursuinq a local development order or permit
throuah any of the reauired requlatory aaencies. The county
manaaer or desianee 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 remaininq density and intensity shall be considered
expired if all of the lands within the PUD boundary have
received approval throuqh site development plans or plats
and received a certificate of public adeauacy (COA). For non
residential portions of a PUD. section (a) above allows for two
additional years to amend the site development planes) in
order to apply for development orders for any remainina
intensity within non residential sections of the PUD.
~ 1,. Infrastructure improvements as required above shall be located on site
and shall constitute infrastructure that makes possible vertical
construction consistent with the permitted land uses. Acceleration
lanes, entry road access and the like do not count towards meeting
the required levels of infrastructure improvements as required above.
4 ~. PUD sunsetting. Prior to or any time after the planning services
department director determines that a PUD has sunsetted, then the
property owner shall initiate one of the following:
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i Q. Board of county commissioners action on PUDs which have sunsetted.
Upon review and consideration of the appropriate application, or the
status report provided by the property owner and any supplemental
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information that may be provided, the board of county commissioners
shall elect one of the following:
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6 Z. PUD time limit extensions. Extensions of the time limits for a PUD may
be approved by the board of county commissioners. An approved PUD
may be extended as follows:
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+- ~. Retention of existing PUD status. Once a PUD has sunsetted the land
shall retain its existing PUO zoning status, however applications for
additional development orders shall not be processed until one of the
following occurs:
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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 PUO to the County Manager or fHs designee.
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4. County will be oiven at least 6 month's prior written notice to a chanqe
in ownership. to a community association. includino but not limited to
transfer of all or part of the develoDment to a Home Owners
Association. Property Owners Association, Master Association or
similar entity. Change in ownership of portions of a PUO 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.
5. A release of a PUD commitment determined to be no lonoer
necessary shall be brouoht as an aoenda item to the Board of County
Commissioners for their approval.
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SUBSECTION 3. VV. AMENDMENTS TO SECTION 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.
SECTION 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., of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
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.
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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.
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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 the meeting shall be sent by applicant to all property
owners who are required to receive legal notification from the County
pursuant to sections 10.03.05 B.8 and 10.03.05 B.9. A Collier County
staff planner, or designee, must also attend the neighborhood
informational meeting: however, the applicant is required to make the
presentation on the development plan of the subject property.
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SECTION FOUR:
CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
Section not affect the validity of the remaining portion.
SECTION FIVE:
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Oevelopment Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX:
EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Florida Department of
State, Tallahassee, Florida; with the exception that amendments to section 4.03.05, as
proposed in subsection 3. X. of this ordinance shall become effective 60 days after the
effective date of this ordinance, and with the exception that amendments to section 5.03.06,
as proposed in subsection 3 CC. of this ordinance, shall become effective 90 days after the
effective date of this ordinance, and with the exception that amendments to section 5.05.08,
as proposed in subsection 3. 00. of this ordinance shall become effective 270 days after the
effective date of this ordinance.
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PASSED AND DULY AOOPTED by the Board of County Commissioners of Collier County,
Florida, this 14th day of December, 2006.
ATTEST:
DWIGHT ~~. \~~jiCLERK
;:.;"/. /, --'" ...... (':'
. ,',:, ctL......Xl ~
(t~iJJUd ~C
. 1..-,. '41.1,\ ;;.>;. > ('1./ "
:h.....e$i~t.O... , l_Lly Clerk
S 1 gnatur"t . '*1," 3'S.;:I
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIOA
~~
FRANK HALAS, CHAIRMAN
By:
Approved as to form and
legal ufficienc:
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2006-63
Which was adopted by the Board of County Commissioners on
the 14th day of December 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd day
of December 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County .~.btnfu.if3sioners
,{l~~(L1~[k-
'.. By";'1'eresa Dill~1rd,
Deputy Cl-;erk
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