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Ordinance 2006-63 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 I of 96 Words stfHek. thrOl:lgh are deleted, words underlined are added e \ 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 LDC), 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 LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of 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 Words strl:lek throl:lgh are deleted, words underlined are added 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. 9 163.3161 et seq.), and F.S. 9 125.01 (1 )(t) and (1 )(w); and WHEREAS; this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, 9 1 (g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINEO 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, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development 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 Words struck throl:lgh are deleted, words underlined are added 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 Oevelopment 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 Oevelopment Code, is hereby amended to read as follows: 1.08.01 Abbreviations b. Aaricultural Zonina District ACOE Armv Coros of Enaineers ACP Aaricultural Cleanina 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 Words struel( throl:lgh are deleted, words underlined are added C-2 Commercial Convenience District C.3 Commercial Intermediate District C-4 General Commercial District C-S Heavv Commercial District CCME Conservation and Coastal Manaaement Element of the Growth Manaaement Plan CMS Concurrencv Manaaement Svstem CCPC Collier Countv Plannina Commission CCSL(P) Coastal Construction Setback Line (Permit) COD Communitv Develooment District CEB Code Enforcement Board CDES Communitv Develooment & Environmental Services CF Communitv 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 Communitv 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 Environmental Impact Statement EPA Environmental Protection Aoencv ERP Environmental Resource Permit EXP Excavation Permit FAC Florida Administrative Code FAR Floor Area Ratio FBC Florida Building Code FDEP Florida Department of Environmental Protection FOOT Florida Department of Transportation FEMA Federal Emeroency Management Aoency FFWCC Florida Fish and Wildlife Conservation Commission FIHS Florida Interstate Hiahwav System 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 Manaoement Plan FLUM Future Land Use Man of the Collier County Growth Mananement Plan F.S.! Fla. Stat. Florida Statutes FSA Flow Way Stewardshio Area FSP Final Subdivision Plat GC Golf Course Zoninn District GGAMP Golden Gate Area Master Plan GGPPOCO Golden Gate Parkway Professional Office Commercial Overlay District GMP Collier County Growth Management Plan GPCD Gallons ner Canita ner Dav GT GODher Tortoise GTMUD Gatewav Trianale Mixed Use District GIS Geooranhic information svstem GWP Ground Water Protection Zone GZO Goodland Zonina Overlav HSA Habitat Stewardshio Area HVAC Heatino, Ventilation, & Air Conditionino 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 Words stmeIc throl:lg\:t are deleted, words underlined are added LSPA Littoral Shelf Plantina Area M/F Multi-Familv Use or Zonino 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 Survey NGVD National Geodetic Vertical Datum NOAA National Oceanic and Atmospheric Administration NRPA Natural Resource Protection Area O.C. On Center P Public Use District PPL Plans and Plat PSI Pounds oer Souare 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 Sinole-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 Sendino Area ST Soecial Treatment Area Zonina Overlav ST-NAR Soecial Treatment Area Zonino for Natural Aouifer Recharae SWM permit Surface Water Manaaement Permit TCEA Transoortation Concurrency Exemotion Areas TCMA Transportation Concurrency Manaaement Areas TCMS Transoortation Concurrency Manaoement System TOR Transfer of Development Rights TIS Transoortation Imoact Statement TND Traditional Neighborhood Design TP Turtle Permit TTRVC Travel Trailer Recreational Vehicle Camooround UMAN Unified Wetland Mitiaation Assessment Methodoloav USDOTFHA U.S. Dept. of Transportation Federal Highway Administrator USFWS United States Fish and Wildlife Service VOB Vehicle on the Beach Permit VR Villaoe Residential Zonina Districts VRP Veaetation Removal Permit VRSFP Veaetation Removal and Site Fill Permit W Waterfront District WRA Water Retention Area {within RLSAI SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Page 6 of 96 Words stmeI( tAfOl:lgh are deleted, words underlined are added 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 * * * * * * * * * * * * * Boat lift canODV: A coverina that is applied to a boat lift over a leaally permitted dock. * * * * * * * * * * * * * Commercial eauiDment: Any eauipment used in a commercial business. reaardless if the eauipment is actually owned or utilized by a business. Commercial eauipment shall include the followina: earth-movina eauipment. landscapina eauipment. lawn mowers (push-tvpe or tractor). tillers. ladders. pipes. spools of electric-type wirina or cable. portable pumps. portable aenerators. pool c1eanina eauipment and supplies. any trailer not recreational in nature (flat-bed. stake-bed. or fully enclosed), in addition to any other eauipment of similar desian or function. Commercial vehicles: Anv vehicle used in coni unction with a commercial or business activity. or possessina the followina characteristics. Anv motor vehicle not recreational in nature havina a rated load capacitv of areater than 1 ton. exceedina 7~ 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. * * * * * * * * * * * * * Dock facility: Includes walkways, piers, boathouses and pilings associated with the dock. * * * * * * * * * * * * * 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 vard. drivewav. detached aaraae or drain field fill pads. * * * * * * * * * * * * * 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 pathwav 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. * * * * * * * * * * * * * Sign, mansard: Any sign which is attached to a mansard-style roof with the face parallel to the structure to which it is attached..:. ::md whioh dooc not projoct moro than 18 inohec from such structuro or :lbovo tho rooflino. Mansard signs shall be considered wall signs. (See Section 5.06.00.) * * * * * * * * * * * * * 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 Words stmcl( throl:lgh are deleted, words underlined are added 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 zonino within the Golden Gate Estates subdivision. the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses .The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP or as provided under the Golden Gate Master Plan. * * * * * * * * * * * * 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 * * * * * * * * * * * * * G. Residential Mixed Use Neiohborhood Center PUO Oesion Criteria. .L Purpose and Scope. The Residential Mixed Use NeiQhborhood Center PUD DesiQn Criteria is intended to encouraoe the development of residential proiects with a limited mix of commercial uses with a context of smart Qrowth desiQn. Such mixed-use proiects are intended to be developed at a human-scale with a pedestrian orientation. interconnectinQ with adiacent proiect. whether commercial or residential. The Residential Mixed Use Neiohborhood Center PUO is allowed in the Urban Mixed Use District contained within the FLUE and subiect to the standards and criteria set forth under the Residential Mixed Use Neiohborhood Subdistrict and the reoulations contained herewith. 2. Re"sidential PUD mixed use proiects shall complv with the followinQ standards and criteria. These desion criteria are applicable to Residential Mixed Use Proiects. those proiects approved prior to the effective date this amendment. shall not be required to adopt the desion criteria contained here within durinQ anv future PUO amendments. Page 8 of 96 Words struek 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 zoninc districts as contained in the Collier County Land Oevelopment 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 creater than 5 acres. e. No sinale commercial use in the commercial component shall exceed 15.000 sauare feet of cross leasable floor area. except that a arocerv store or suoermarket 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 comoonent. g. Residential density shall be no less than the base densitv allowed bv the FLUE Oensitv Ratina Svstem. For oroperties 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 calculatinc density is exclusive of the commercial component and of any acreaae component for a use with a residential eauivalencv. e.a. ALF-adult Iivina facility. For prooerties not located in the Urban Residential Frince. elicible density shall be as allowed bv the FLUE Densitv Ratina Svstem. or as allowed under the existina residential zoninc district. or as otherwise allowed by FLUE, Policv 5.1. For properties located in the Urban Residential Frince. elicible density shall be as allowed by that Subdistrict. i. For residential uses located within the commercial comoonent of the oroiect. 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 orooerties not located in the Urban Residential Frinoe. eliaible density is the base densitv allowed by the Densitv Ratinc Svstem. less any reductions. For orooerties located in the Urban Residential Frinae. eliaible densitv shall be as allowed by that Subdistrict. j. The oroiect is encouraaed to use a arid street system. or oortion thereof. so as to afford maximum ooportunity for interconnections with surroundina oroperties and to provide multiole route alternatives. k. The proiect shall orovide street. oedestrian pathway and bike lane interconnections with adiacent orooerties. where oossible and practicable. I. The commercial component shall be interconnected with the residential component of the proiect by streets. or oedestrian pathways. and bike lanes. unless precluded by the existence of wetlands or other environmentallv sensitive habitats. In such instance. no less than one type of interconnection shall be orovided. m. All buildinas shall be limited to five stories in heicht. inclusive of under buildina oarkinc. not to exceed the zoned heiaht and in no case areater than 60 feet. Page 9 of 96 Words struek threl:lgh are deleted, words underlined are added n. The commercial comoonent of the oroiect shall be internallv located with no direct access to adiacent external roadways. or the commercial comoonent shall have frontaQe on a road classified as an arterial or collector in the Transoortation Element. o. If the commercial comoonent is not internally located. then its frontage shall be no ereater than twice its deoth. p. For oroiects located alona an arterial or collector road. the number and tvoe of access ooints shall be limited. as aoorooriate. so as to minimize disruotion of traffic flow on the adiacent arterial or collector roadwav. q. The setback for oroiects which are adiacent to residentially zoned orooerties shall be a minimum of 15 feet. 3. Pedestrian Pathways. a. The oedestrian pathwavs alone 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 orovided oursuant to section 4.02.3 8 0 of the LDC and shall include: street furnishines. a street tree olantina zone. and a pedestrian travel zone. (This is not aoolicable to internal oarkine lots.) c. Overhead arcades. awninas or canooies. may extend over the dinina and disolay zone as well as the oedestrian travel zone at a minimum heiaht of 8 feet. Furnishines or other obstructions shall be keot out of the pedestrian travel zone. d. Outdoor dinina at building arcades or outdoor areas may be enclosed bv olanters. decorative fencina. or comoarable moveable barriers. The dinine area shall not encroach into the oedestrian travel zone. e. Building elements in the form of arcades. overhanas. sianaae. marauees. bav windows. and structural suooorts shall be allowed to extend over the oedestrian travel zone. These allowable overhead encroachments shall have a minimum clearance of 8 feet heiaht above the sidewalk. Page 10 of96 Words strnelc through are deleted, words underlined are added MIXED USE PEDESTRIAN PATHWAY SECTION (Internal Street Section) 4' MIN. FROM FACE OF CURB TO FRONT OF TRE~ ~ 8' MIN. HEIGHT f. ~..~.~~Q=--=--~ 00 ~~-- 5' MIN.STREET TREE PLANTING ZO~E__ / - A WNfNG //'QR ARCAD~ L/ _L____~_ -IT -- - - - -Ii II II ~. II 8,1 bINING AN ;r-- -WLAYZON I -r /. , 5' MINIMUM 3' CAR DOOR ZONE PEDESTRIAN , TRA VEL ZONE f-- -PEDE~;:'r:~~~WAY- ~ PREPARED BY: OFFICE OF GRAPHICS AND TECHNICAL SUPPORT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: BI2006 FILE: PADESTRIAN PATHWAY 4. Street Furnishinas & Street Plantinqs. a. Street furnishinas shall be provided in coniunction with the street tree plantinq zone. Street furnishinas shall include benches per LDC Section 4.06.03 B. 8, one waste/recvclinq receptacle8 per 300 lineal feet of street frontaae. and bike racks per LDC Section 4.05.08. Street furnishinas may also include bus shelters. information kiosks, and similar furnishinas. Page 11 of96 Words strnek through are deleted, words underlined are added b. Site furnishinos (not associated with an individual business) shall be coordinated and fabricated of comoatible materials. c. Visual obstructions shall not be allowed within siaht trianales/soaces at street intersections oursuant to section 4.06.01 0.1 of the Code. d. The street tree olantina zone shall have a minimum width of 5 feet and a minimum lenath of 10 feet and be located oarallel to the curb. Root barriers are reauired to orotect sidewalks and utilities. L. Within the street tree olantina zone. street trees shall be soaced at a rate of 40 feet on center and mav be clustered. The street tree pattern may be interruoted by overhead arcades, utilities. and oedestrian access. Trees shall have a minimum heiaht at the start of branchina of 8 feet and have an overall olantina heiaht of 16 feet. Palm trees are allowed as a substitute to canooy trees where buildina elements (Reference LDC 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 soace for landscaoino, the oedestrian travel zone. and street furnishinos will not allow canooy trees. Areas for canooy trees should be included at olazas, street intersections. and other areas where buildinas are set back and soace will allow. lL. Plantinas shall include a variety of tree and shrub soecies 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 olane shall include turf orass: aroundcover. low shrubs or flowerino olants. 5. Landscaoe. a. General Landscaoe. L. Provide a variety of tree and shrub soecies with at least 50% of the reauired trees and 35% of the reauired shrubs beino olants native to Florida. ii. Canoov trees used in ooen landscaoe areas (other than street trees) shall be a minimum of 10 feet in heioht. havino a 4 foot soread and a minimum calioer of 1 % inches. iii. Plantinos shall be a maximum of 25% turf orass. The balance shall be oroundcover. low shrubs and/or flowers located in olantino areas as is aoorooriate to the desian. iv. Irriaation shall be orovided for all olantino areas. Irrioation control boxes and aoourtenances shall be located awav from direct public view. v. Landscaoe buffers oer section 4.06.02 of the Code buffer reauirements shall aooly to the external boundaries of the mixed use development only. Landscaoe buffers shall not be reauired internal to the mixed use development oroiect. b. Parkino Lot Landscaoina. Page 12 of96 Words strucl( thnlHgh are deleted, words underlined are added I. Up to 30 percent of the landscape islands may have a minimum width of 5 feet inside plantinq area and shall be planted with a palm tree equivalent. ii. Minimum tree size shall be 1 ~ " caliper and a minimum of 10 feet in heiqht. iii. The perimeter of all parkinq lots frontinq public riqht-of- wavs shall be screened to a minimum heiqht of 24 inches usinq walls. fences. landscapinq or anv combination thereof. iv. Parkinq lot perimeter landscapinq areas shall be a minimum of 8 feet in width. Shrubs shall be arranqed in a staqaered pattern with a minimum size of 3 qallons at the time of plantinq to provide vear-round screeninq. Trees shall be included in the perimeter landscape area at a minimum spacinq of one tree/palm per 25 feet of lineal frontage. Street trees within the riaht-of-way mav be used to meet this requirement. 6. Building Foundation Plantinqs a. Building foundation plantinqs shall be required per section 4.06.05.B.4.. of the Code except as follows: The buildina reqardless of its size. shall provide the equivalent of 10% of its around level floor area. in building foundation plantinq area. A continuous buildina foundation plantinq width is not required per section 4.06.05.B.5.a. of the Code. However. the foundation plantinas shall be located within 21 feet of the building edae in the form of landscaped courtvards and seatina area landscapina. 7. Building Architectural Standards a. The Mixed Use Proiects shall include architectural features that provide visuallY interestinq building desiqn at a scale appropriate for pedestrian and automobile. i. Building facades shall be desiqned to reduce the mass and scale of the building. by providina arcades. windows. entry features. and other desiqn treatments in compliance with section 5.05.08 of the Code. except as follows. ii. Covered Dathwavs and arcades shall be constructed with columns a minimum width of 12 inches. if masonry and 10 inches wide. if constructed of finished steel products. iii. For buildinas 3 stories or more. pedestrian scale at the street level shall be maintained by incorporation of facade variations such as massinq. texture. color or materials on the Drimarv facades between the first and subsequent stories~ b. The followina architectural options are in addition to the list of required desiqn treatments identified in subsection 5.05.08 C.2. of the Code. i. Open arcade or covered walkway with a minimum depth of 8 feet and a total minimum lenqth of 60 percent of the facade. Page 13 of96 Words stnlek throl:lgh are deleted, words underlined are added ii. A buildina recess or oroiection of the first floor with minimum deoth of 8 feet and total minimum lenath of 60 percent of the facade lenath. iii. Architectural elements such as balconies and bav windows with a minimum deoth of 3 feet and that cover a minimum of 30 oercent of the facade above the first floor. (Storm shutters. hurricane shutters. screen enclosures or anv other comoarable feature. if aoolied as Dart of the structure. must also comoly with the reauired minimum deoth.) 8. Sian Tyoes & Definitions. a. Definitions i. Sandwich boards: A oortable sian comorised of two sian oanels hinaed toaether at the too. ii. Flaa Banners: Fabric panels hanaina from or stretched between brackets oroiectina from liaht ooles. b. Permitted Sian Tvoes i. All sians shall be in comoliance with Section 5.06 of the Code. exceot as follows: ii. Awnina Sians: In addition to any other sian allowed by this code. The front vertical drio of an awnina mav be stenciled with letter or araohics. A ten percent clear area border is reauired on all four sides of the front vertical drio. 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 signs shall contain onlv the name of the develoDment. the insiania or motto of the develooment and shall not contain oromotional or sales material b) The sians shall be limited to 60 sauare feet of sian area each and shall not exceed the heiaht or lenath of the wall uoon which it is located. c) The around or wall sian shall maintain a 10 foot setback from any orooerty line unless olaced on a wall subiect to the restrictions set forth in the Section 5.06 of the Code. c. Residential and Neiahborhood Amenity Sians - One around sian shall be allowed for each residential tract. Darcel or amenity with a maximum heiaht of 4 feet subiect to the followina reauirements. L. The sian shall contain only the name of the residential neiahborhood and the insiania. lL. The around or wall sian shall be limited to 30 sauare feet of sian area and shall not exceed the heiaht of the lenath of the wall uoon which is located. Page 14 of96 Words stfl:lck throLlgh are deleted, words underlined are added iii. Ground or wall sian shall maintain a 10 foot setback from anv orooertv line unless olaced on a wall subiect to the restrictions set forth in the Code. Q.. Sandwich boards are oermitted on the above around floor. one per establishment. not to exceed 6 souare feet of sian area in size and shall onlv be disolaved durino business hours. (maximum 2 faces at 6 Sa. feet each). ~ Flaa Banners: Vertical or horizontal oanels of woven fabric ror formed synthetic materiall attached to. and oroiectino from lioht Doles within the oroiect that act to identifv. throuah loao. letterina. or a combination thereof. the unified control of the proiect from develooer throuah and to oroiect's Association. The maximum sian area shall be orooortional to the heiaht of the Dole: 1. 16 feet Dole - 15 sa ft. maximum (2 faces at 15 souare feet each ii. 20 foot Dole - 20 sa ft. maximum (2 faces at 20 souare feet each Hi. 30 foot Dole - 36 sa ft. maximum (2 faces at 36 sauare feet each L Seasonal and/or Soecial Events Banners: Vertical or horizontal oanels that mav be attached to desianated fixtures located within the oroiect at the time of site development plan submission. The number of desianated fixtures for such oanels shall be orooortionate in number to parcels at a ratio of one to six (1 to 6). and are restricted to aoolication within the commercial locations or sections of the oroiect. a. Prohibited Sian Tvoes i. Portable or mobile sians exceot sandwich boards. ii. Off-site sians. iii. Proiectina or Pole sians iv. Fluorescent colors 9. Parkino Reouirements. Mixed-use oroiects have the oooortunitv to provide a variety of oarkina ootions to residents and oatrons and remove parkino areas as the focal point of the development. Mixed- use oroiects reduce vehicular trios. and thereby reducina the number of oarkino soaces. bv utilizino oedestrian-oriented desian and reducina the distance between residential and commercial uses. a. Definitions 1. On-street Parkina - Parkina soaces located adiacent to. and accessed directly from the roadway. ii. Off-street Parkina - Parkina soaces located within oarkino lots or oarkina structures and accessed off the roadwav. iii. Parkina lot - A around-level area utilized for oarkina soaces accessible from the road and usuallv adiacent to the use it serves. iv. Parkina structure - A multi-level oarkina area utilized for oarkina soaces that serve establishments within walkino distance of the structure. The structure may or may not be adiacent to the establishments it serves. Page 15 of96 Words struel( throwgh are deleted, words underlined are added b. Desiqn Criteria and Oimensional Requirements On-street Parkinq 1. Parallel oarkino shall be a minimum of 9 feet wide by 23 feet lonq. ii. Anoled oarkinq may be 45 deorees or 60 deqrees from the travel lane. Soaces must be a minimum of 9 feet wide and 18 feet lonq. c. Oesion Criteria and Dimensional Requirements Off-street Parkinq 1. Location - Parkino lots or oarkino structures shall be located to the rear of buildlnas located on the main street. or the alonq the secondary/side streets. Off- street oarkino shall not occur in front of the orimarv facade. ii. Lots shall be desiqned to keeo all circulation between aisles internal to the lot. Drivewavs to oarkinq areas shall be a minimum of 24 feet wide. iii. 90 deqree oarkino soaces shall have a minimum drive aisle width of 24 feet and stall size of 9 feet bv 18 feet. iv. 60 deoree ana led oarkino shall have a minimum drive aisle width of 20 feet. if one-wav. and 24 feet. if two- way. Parkina stall size shall be a minimum of 9 feet x 18 feet. d. Handicao Parkinq. Handicao oarkina shall be located to facilitate the most direct and safest route to buildina entries and meet all aoolicable codes. e. Parkina Structures 1. Parkina structure facades shall be desiqned to screen views of automobiles by the oeneral oublic from adiacent streets and driveways. ii. Parkina structures without around floor retail or residential uses alono the front facade shall have a minimum 10-foot wide, Buildina Foundation Landscaoina pursuant to section 4.06.00. of the Code. Where the oarkina structure is attached to the buildina or adiacent to oreserve area. and the oreserve area meets the otherwise reauired landscaoina. no additionallandscaoino is reauired. iii. All structures with uncovered oarkino on the too level shall have roof too olanters around the oerimeter that is a minimum of 5 feet wide located around a minimum of 80% of the oerimeter of the oarkinq inteoral to the structure. or suitable architectural features to soften the buildina edoe. iv. Parkina structure liohtina shall be a maximum of 20 feet in heioht. Liahtina shall incoroorate full shield cut- offs to contain liaht to the surface of the deck only. v. Parkino structures are also allowed to be located below qrade and below habitable soace. These structures must be accessed from the rear of the buildina. Page 16 of96 Words stnwl< through are deleted. words underlined are added f. General Reauirements and Shared Parkina Aareements. 1:. The total number of oarkina soaces orovided in a mixed-use oroiect shall be determined bv the intended uses as reauired by section 4.05.00 of the Code. Off- street Parkina and Loadina unless modified herein. ii. Commercial areas (with streets internal to the oroiect) must utilize on-street oarkina to meet at least a oortion of the oarkina reauirement. iii. One half of the on-street oarkina soaces located within one block or 0.125 mile. whichever is less. may contribute toward an individual establishment's oarkina reauirement. iv. If a commercial area is develooed in one phase with one site development plan aoolication the on-street oarkina may be utilized to meet oarkina reauirements in a one-to-one ratio. v. The overall oarkina reauirement mav be reduced at the time of site development plan aooroval by consideration of a shared oarkina analysis and aareement. The analysis shall demonstrate the number of oarkina soaces available to more than one use or function. recoanizina the reauired oarkina will vary deoendina on the multiole functions or uses in close oroximitv which are unlikely to reauire the soaces at the same time. The shared oarkina analysis methodoloav will be determined and aareed uoon bv Countv staff and the aoolicant durina the ore-aoolication meetina. or durina onaoina discussion. durina the site development plan review orocess. vi. Establishments orovidina valet oarkina services may not utilize oarkina areas desianated for shared use by a shared oarkina aareement for the storaae of vehicles oarked bv this service. unless allowed by the shared oarkina aareement. 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 aatina or lack of vehicular interconnection mav not utilize on-street oarkina in the commercial area to meet the residential oarkina reauirement. viii. Residential areas mav utilize on-street oarkina that is abuttina a residential unit to meet the oarkina reauirement in a one to one ratio. If oarkina soaces are used to meet a residential oarkino reouirement they may not then be utilized to meet any of the commercial re~uirement. 10. Service Areas a. Loadino docks. solid waste facilities. recYclina facilities and other services elements shall be placed to the rear or side yard of the buildina in visually unobtrusive locations with minimum imoacts on view. b. Refuse containers and facilities shall be hidden by an ooaoue wall or fencina of sufficient heioht to screen the bin and any aoourtenances. but not less than 6 feet in heiaht. Chain link fencina. wood fencino and chain link oates are not allowed. Page 17 of96 Words strl:l€lc throl:lgh are deleted, words underlined are added Walls shall be constructed of a material compatible with the principal structure it is servino. Landscapina with vines or other plants is encouraoed. Enclosures shall include solid latchable oates to avoid blowina refuse. c. Service area recesses in the buildina and/or depressed access ramps should also be used where applicable. d. Businesses are encouraaed to consolidate and share refuse areas and eauipment. * * * * * * * * * * * * * 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 Words struelc through are deleted, words underlined are added .... ,\ ' ,)',<\i\T,-i n~fU,'ANA [0 'WJlt."llt-j 041, :"'~'lJi}l..~'r~j,'.r rmHI';t N1t,.", 'li'J'J/M .J .. " ; .c:-~:'(.,,' ,')01: ' " :-., ';-". ....'.':.,.:, I L :;; :~ 1~ :;! 1-1: .i~~:' i ;l~' 'f.' '., ";' ,.1 . .~, :c '--''':'''''''' j' '/ 'tL'r- ;7" ..,! I "{,, :"I:r;:;i:d7L~~:;1~1;1,~[;II"i;~ :r:-:; . dl:.L,!.],",!, :1'; 'f ri.I~I~iIi:l'.~;'I':'I'.I;::I';):1 f':'~. 1 ' -l.~,.l.,...__..o; T3.... I ',,,- 1..-.' I , ~ -; .:'T~: .t':-~,'~:~l~ 1 );J~1-. oJ i ::F I . i:i..~...'f'4\~i~~'p.".'~4;.t..l! ";:~~I -:-!~( ','~":' j~"i~~':t.'T'~>':> II ... 4 ,. .,. "'~r.'i '> fI.f "1 -'~.,. ~ ':.:t. i;!'..,:-' ~~, '::f ",~ 1 f ;, J.-- i.J .~ .f .~ J.: ~ ~:: ~.:~i;;.~II\?\~~"~!\';' 0 I ' ,!" 'J " \", . \''-'''\,-''> " " ..j:, .~~ .-ll-:~~~: .~:-~ J:'~', ~~~:,~..':\ '..~'~\ ,'\~'~~\\,~'~~~fi,.:r.\~':'5.:'~.> ~~~t",,_:) .. ., .~...,.,''>. .,~, " ,l '\ '''; ij'~'\' "It' ..' \', /...../ ,.~,~,~ .. ..". .!: l ' .~~~;~:,}i~,:'~~'~.)~~;.;;~~:(;'::~ti;':~~~ ' ..~~~: '."-.~-i ~f.f.i. t ._\~*/l!\,'J-\,_'Xi~~ \..<\v J>~..':;"'.~~~\ ";~-f"\,~. Bu_';' t. -- l.- ..,,:..,f. .1.:.,.;:,:,.-"....,;,: ..~:'~.rJ~..\.~.,),,~., ... ( ;!~V! I :, ._;.:.~~, ';o,"'/~'.","~' ," /~!'s.~" ^{-.... . I. ',.' ..., J - o>-'f ,'" J;~'1l ,J< ... "~'< ......< "-"~," .),... " l'i ' L,;:, \.~Ii~~.~;:: ..::.~~:'~:::;:'< ;..;k,(:~\. \ . 'j.!.;.J;',"'-...,:".<'" -";.~...) ,~~;?-*). If,'-./-.. "1 ~o;/'\~.-...,~-.:t:.;;~~~,/.../,,;_{><{:~:,~~.~: \, ~ . .~-\ " ~"'1 c'_f-:':" 'Y'A'\")/ "..&;, y...''''~'\..~/' · ""t:'('f~J~~ff!:l~S ' ,,~, ' ,,. " ",' , l~ ",--l'\ ,- ~ ,.." ,--', ;<--."'~, ~ . ~":":' :,~,,~,'~"..:;."....,. '. ,.~~.,..~.,.:'.;;i~,r{,~..~~.),~~.~..;~.,.~.~~.~..:~:.: ~~~:r~ r U.:.' " ,," ,,",," "" ,.,. l'i I cr" 1 ~l "" . .., 11I1 ,. I I ! i ^ ..;it- .. II t .",-. ....... "........,~ ............ . r!:'.~ pt"il . "--l't',; ....,;> "'~ ;~...."'~':>- ~'... ,,. ,,""'i"~ "'... t",,.:'....\..., '.1 i-"V.."W-' r ...'A.--;,V1I1,..I....-~ '......""!""""',,,r.o;,; 'J.)'l~.', t~""'~~.:rl ~ ~.' ,,~=~.> ;:"'~l ti.... ... 1 l . ~ I . 1 Figure 2.03.07 H. Page 19 of96 Words struel( through are deleted, words underlined are added @~ l I 2l"'D f'lAC( S.W_ SANTA BARBARA COMMERCrAL SUBDISTRICT COLLIER COUNTY, FLORIDA J Ij" I 94 99 r"' '" '" - I '" ~I r I=- ",,,- ~~" _ ... . .. . 115 ." , l~ Ji 96 97 119 ,OJ T 8 I' 8, L" --104 ~---j "r~-- IU:'l 01 106 187 1 0 lOT 1 --/- lOT 2 LOT 2 m 108 REPLA 1 25TH AVfNUE S.W I 16~ 110 11_ 91 PREPARED BY, GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNIlY DEV[LOPMrNT AND ENVIRONMENTAL SFRVICES DIVISION fill, GGMP.1Q - 50WG OA 1[, 5/2005 SANTA BARBAIIA COJ/MERCIAL SUBD/SrRlCT LEGEND 0.- SANTA ~~~RARAJ -_ i COMMERCIAL SUBDISTRICT -- .~ SCOlE I I I I * * * * * * * * * * * * SUBSECTION 3. F. 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 * * * * * * * * * * * * * I. Bayshore Drive Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Orive as referenced on BMUO Map 1; and further identified by the designation "BMUO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 2. Applicability a. These regulations shall apply to the Bayshore Orive Mixed Use Page 20 of 96 Words stmel( throl:lgh are deleted, words underlined are added Overlay District as identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. b. Existing Planned Unit Developments (PUDs) are not includod subiect to ffi the Bayshore Overlay District requirements; however, PUDs approvod applications submitted. and found sufficient. after March 3, 2006 are included in the Bayshore Overlay District and must comply with the requirements stated herein. c. Amendments or boundary chanoes to PUDs that existed prior to March 3. 2006 are not subiect to the 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 La ,Q.h. of this Code. (( =-::.... r ,.... JI / /, \ ......, -.:!l._ '. - ....., ~-Y.hoN I!I_~ u..~~lIItrIct .....D.ftC,......bortIood~.~ APZ ~'"-".. ZoN BMUD..w Wntrfronl........... ,I 'I"'" ~ . ,~ OIilJl>... _-II , MUO.ft1..........,.........' ....,D..fIZ ...........-.......ertIltJ l \! II 1/, I~ Ii II . ~D.u ................dl..rtcU ~D-IM ~.~4. · (XXX) u'* Lrt...ZGnIng ~Id~r- lAnd u. ~ ActIwtlyc.....M _... ~RA8ou~ H -.. ......... ~_. - --_. --- i I ="M~'":.. . --:,.... - II ; [Remove existing map and replace with map below] Page 2] of96 Words struel( tAfOl:lgh are deleted, words underlined are added BMUD Map No.1 [~ II -I I -l ! t !'l~ -"\- 1_ , \ I r' .-L.. '( BaVlll10re Mixed UN Overlav aslltct f0i:J.:fjJ APZ Acamcwy PlIrllt1g Zone IlMUD-f'IC NeIgIlbcmood Commercttl Su_ct IlMVO-W W~ SulxttIbtcl BNU~' Retllder>lellModllll1lct' BNU~ RUdentIII Sulxtalrld: 2 IlMU~3 flIolIdenW SLIb<:hlrlcI 3 ~ RUdentIIIllub4IIrIet" ()()O() Under Lying ZonIng " \! )1 Future Land Use ; MItIUa aar~......... ........... -..a ~-.. n tl~TH _MY .... ........ .....-..0 .' , ..~ : ' : j L. . .-.i: ~ ~,- . . I' ..... ..,; ,. '-", . . : , : . . " ,; -., . -. . 1IltaM.1IAY' . ..... . ---I * * * * * * * * * * * * * 3. Mixed Use Project Approval Process. * * * * * * * * * * * * * d. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: * * * * * * * * * * * * * 5. Administrative Deviations. Page 22 of 96 Words strl:H::I( tHrough are deleted, words underlined are added a. Authoritv. The County Manaaer or desianee is herebv 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 followino elioible land develoDment standards that meet their associated criteria. b. ADDlicabilitv-List of DeveloDment Standards Eliaible for deviation reauests and Associated Criteria. At the time of SOP application an approved MUP shall be elioible to seek an administrative deviation from the followina Code provisions that may applv: 1. 4.02. 16.A. Table 11.Front Yard (includina build-to line). 21 These deviation reauests shall be subiect to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative ComDliance. except that in order to be eliaible for an administrative deviation the site shall meet at least one of the followina conditions or circumstances: il If constructed where otherwise reauired. the buildina(s) or structure(s) would conflict with reaulatory standards for existina public utilities or encroach into an associated public utility easement. which cannot reasonably be relocated or vacated based on phvsical or leoal restrictions. as applicable. ill Darcel confiaurations of uniaue or challenaina boundary aeometry such as when a Darcel's acreaoe has limited frontaae relative to its acreaae as defined by a ratio of acreaoe to frontaae in excess of 0.0045 and which is proposina to provide frontaae and/or alternative frontaae alona internal vehicular and pedestrian circulation Dathwavs at a minimum of 110 percent of the Darcel frontaae. Q.l In order for the conditions or circumstances under b). immediately above. to be approved for a deviation. the followina criteria shall also be met: il the proposed alternative shall be intearated 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 bv demonstratina a comparable relationship between proposed alternative buildina(s) location(s) and their associated pedestrian and vehicular Dathwavs. and associated parkina facilities. ii. Buildina and architectural standards. as specified below. These deviation reauests shall be subiect to the Page 23 of 96 Words struel, throl:lgh 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; pertainina to the buildina facades facina the intersectino east-west streets with Bayshore shall have the same architectural desian treatment as the buildina facade facina Bavshore Drive: b) 4.02.16.G. Architecture Desian Theme; and c) 5.05.08 Architectural and Site Oesian Standards. Hi. 4.02.16.F. Landscaoe and Buffer Reauirements: and, 4.06.00 Landscaoina, Bufferina and Veaetation Retention as applicable. The alternative plans reauestina approval for deviation from landscapina and buffer reauirements shall be subiect 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 space reauirement for Mixed Use Proiects in addition to other conditions that the Countv Manaaer or desionee deems necessarv. iv. 4.02.16. E. Desian Standards For Awninas. Loadina Docks, and Dumosters; and, 5.03.04. Dumosters and Recvclina. limited to: a) deviation reauests for individual structures with curbside pickup. that shall be subiect to the process and procedures provisions of subsection 5.03.04 G. Curbside Pickuo. b) reauests for locational deviations from the subsection 4.02.16. E. shall be subiect 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. Notwithstandina the process and procedures set forth above for paraaraphs i. throuah iv.. anv appeals from these administrative decisions of the County Manaaer or desianee shall be made solely under the provisions of section 250-58 of the Collier County Code of Laws and Ordinances. vi. 4.02.16.0. Parkin a Standards. These deviation reauests shall be subiect to the process and procedures of 4.05.04. F.2. 52. Bayshore Mixed Use Oistrict (BMUD) Subdistricts * * * * * * * * * * * * b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment, while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial subdistrict, except for the standards set forth in section 4.02.17. For mixed use projects only, subject to the MUP oppro'.lo/ prOCOGG 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 stmck throl:lgh are deleted, words underlined are added * * * * * * * * * * * * * Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts P = permitted - - E = permitted with certain - N M - . . ~ exceptions ii <r- a:: a:: . - . a:: 3: a:: - - .~ - N M - - CD - - - - - Blank cell = prohibited E u u u u u 'C .C 'C 'C 'C CD E - - - - (also see table of - t/) t/) t/) t/) 'a 0 t/) :s :s :s :s conditional and accessory 0 u :s u .Q .Q .Q .Q .Q uses) 'a ::s ::s ::s ::s ::s ~ 0 tn tn tn tn en en 0 - ii ii ii ii .c ~~ c ;: ;: ;: ;: 0 c c c c ... 't: CD CD CD CD .co;;; CD 'a 'a 'a 'a C) - .in 'in 'in 'in 'Qi . ca CD CD CD CD z 3: a:: a:: a:: a:: c. c c c c C ;::). ;::) ;::) ;::) ;::) ;::) :E :E :E :E :E :E Land Use Type or Category me m m m m m * * * * * * * * Automobile Parkino 7521 E' * * * * * * * * * * Boat Oo::lIors ~ * * * * Marinas 44934499 P P * * * * * * * * * * Multi-Family Dwellings P P P P * * * * * * * * * * Parks, Public or Private P P P Performino Arts Theater+ 7922 pI:! * * * * * * * * * * * * * * * * * * * * * * * * 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 * * * * * * * * * * * * * 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 "GTMUO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on 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 stmel( tHrough are deleted, words underlined are added development requirements shall be as required in the applicable underlying zoning classification. b. Existing Planned Unit Developments (PUOs) are not includod fA subiect to the Gateway Triangle Mixed Use Oistrict requirements; however, PUD8 applications submitted. and found sufficient. approvod after March 3, 2006 are included in the Gateway Triangle Overlay District and must comply with the requirements stated herein. c. Amendments or boundary chanoes to PUOs that existed prior to March 3. 2006 are not subiect to the Gatewav Trianole Overlav Oistrict reauirements. &:-d. Property owners may follow existing Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop/redevelop under the mixed use provisions of the GTMUD Mixed Use (MXO) Subdistrict of this overlay, through a mixed use project approval from the BCC. However, in either instance. GTMUO 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 2.d. of this Code. Cl-..uD-MllD (c-4) .-.,.-~ I TIIUD-IIXD I I (e...) , ) I ~ 1-' l n -..- CRA Bound.ry _- ,- ## "- ..J l'" (/1' i (! I )/ I ~ , '1 I t1 II 0 I _ J -- --r--1rlf II - J - I (\ \--=--~II :;) '--J~l--) ~r' ,- ~- ~~ (--if OTIIUD-IIXD (e-4) I NORTli GMewlIv Tri.nllle MiJUld u.. Overl" Dletrict GTMUD-6lXD M_ u..~ OTMU~ _,_. Subd_.. (lCXX) Undor L~I", Zoning DInt... Futunt Land U.. ~ Activity Ce.r 18 i I fl r,1 III lil-' ........... ?'/ lill~ ! I II II\. ...... [Remove existing map and replace with map below] Page 26 of 96 Words stmek tRHmgh are deleted, words underlined are added GTMUD Map No.1 -I n - _ I rl.... "'*-'t ..... 'n...tr. CUtrlrt :JTM"GoYIO '-ho Ute Ilt.iIxIIttt:t ::::TM';~'" Rut:tro... ~ltx ;~,1(X) U-otw Ilhl'lI'i'l; nmll ''''1 '.... .,~ FtAu.'lI::..an:1 f...;1Nl f~~ Ac201l', Clrlll! 11 .... C-=tA !IoJ"'C2ary - (,I~ "tonl"")' 3. Mixed Use Project Approval Process. * * * * * * * * * * * * d. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus densitv pool if any of the following occur: * * * * * * * * * * * * * 5. Administrative Deviations. a. Authoritv. The County Manaaer or desianee is hereby authorized to utilize this MUP Administrative Oeviation process to orant administrative deviations for proposed developments which have obtained a MUP approval from the Board of County Commissioners from the followina eliaible land development standards that meet their associated criteria. b. ADDlicabilitv-List of Deve/oDment Standards Eliaible for deviation reauests 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: L. 4.02.35.A. Table 1.Front Yard (includina build-to line). 11 These deviation reauests shall be subiect to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative ComDliance. except that in order to be eliaible for an administrative deviation the site shall meet at least one of the followino conditions or circumstances: ID If constructed where otherwise required. the building's) or structure's) would conflict with reoulatorv standards for existino public utilities Page 27 of96 Words stmek thr0l:lgh 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 leaal restrictions. as applicable. Ql Parcel confiqurations of unique or challenaina boundary aeometrv such as when a Darcel'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 proposinq to provide frontaae and/or alternative frontaae alonq internal vehicular and pedestrian circulation Dathwavs at a minimum of 110% of the Darcel frontaae. .f.l In order for the conditions or circumstances under b). immediatelv above. to be approved for a deviation. the followina criteria shall also be met: ill the proposed alternative shall be inteqrated into the existinq and future vehicular and pedestrian circulation pattern of the neiahborhood and. Ql the proposed alternative shall demonstrate compliance with the intent of the standards to create a connective and walk-able environment bv demonstratina a comparable relationship between proposed alternative building(s) location's) and their associated pedestrian and vehicular Dathwavs. and associated parkinq facilities. ii. 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 Comoliance: a) 4.02.35.8. Architecture Desian Theme: and b) 5.05.08 Architectural and Site Oesian Standards. iii. 4.02.35. E. Landscaoe and Buffer Reauirements: and. 4.06.00 Landscaoina. Bufferina and Veaetation Retention as applicable. The alternative plans requestina approval for deviation from landscapina and buffer requirements shall be subiect to the process and procedures of 5.05.08.F. Deviations and Alternative Comoliance: and. must additionallv provide a minimum of 110% of the ODen SDace requirement for Mixed Use Proiects in addition to other conditions that the County Manaqer or desiqnee deems necessary. iv. 4.02.35. D. Desian Standards For Awninas. Loadina Docks. and Dumosters: and. 5.03.04. Dumosters and Recvclina. 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 Pickuo. 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 Comoliance 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 struek through are deleted, words underlined are added for paraaraphs i. throuah iv.. any appeals from these administrative decisions of the County Manaaer or desianee shall be made solelv 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 reauests shall be subiect to the process and procedures of 4.05.04. F.2. & 2. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. Mixed Use Subdistrict (GTMUD-MXO). 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, Oavis Boulevard on the North and Commercial Orive on the East. Developments will be pedestrian- oriented and reflect building patterns of traditional neighborhood design. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * P. Copeland Zonina Overlav (CZO) 1. PurDose. To create development standards which address the uniaue communitv characteristics of the Copeland communitv. 2. ADDlicabilitv. 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 desianated lands on the Collier Countv Future Land Use Map. 3. Permitted uses. a. All principal and accessory uses permitted by riaht 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] ...J..o. the event any conflicts arise between the underlyina zonina district reauirements and those contained in the Copeland Zonina Overlay. the reauirements of the Copeland Zonina Overlay shall supersede the underlvina zonina reauirements. b. The followina uses may be permitted only on lands adiacent to Church Street: i. Churches and places of worship ii. Community centers Hi. Civic and cultural facilities iv. Recreational facilities v. Post Office vi. Food Store (no aas services) c. Area of Critical State Concern (ACSC) and Environmental Compliance. Nothina herein shall exempt any land use from complvina with the Area of Critical State Concern reauirements of section 4.02.14 of the LOC. The development of sinale Page 29 of96 Words stmek thf8Ugh are deleted, words underlined are added family dwellinas on existina lots of record within the VR- ACSC/ST zonina district shall be exempt from reauirements to provide an Environmental Impact Statement eElS): however, anv subdivision or site development plan may be reauired under section 10.02.02 of the Code to submit an EIS for review bv Collier County. 4. Prohibited Uses. a. Multi-familv dwellina units shall be prohibited on all VR zoned properties located within the Copeland Zoninq Overlav as desianated on the official zoninq atlas map, Page 30 of 96 Words strl:lek throHgh are deleted, words underlined are added OJ I-- I-- ~ l --.-r -- ~ ~ ~ ----r u '/.../t..<.:/:/(/,'j///<<>\ 1 / /...." ){{ ~~/'~~'t~ .' " /~ . "/ii.r;;;S /:?\ .~.~ , .. )~/>f<I'~;~~t~~. ! .:> ~>,/t/-':>>:/ . ~~.~~ . , i' Ift[,,,'" . / .:. ..' . /, . r/ /'/ 'I; 1>/;1 / /..,/.. ...< -.-. ...;./ /.., '.' . . / . // ~. ..t"'l~1 ~ P.r. ./ / /./..' ~ .ib ...... .... . .&..;"> . i .'l. ,/_. r ~ :// .". / / ". - , ~ i/... , ;..;. ./; "'/./ .......... .:..~:.. .~,/.I:; l"..:'/ .........,. 5. Accessory Uses. .-r 111- II rij ..- I 11 T . 11 1f2 /~ "....,. COPELAND \ ZONING OVERLAY .........ClClUftY1 ....... o , ~~....",..... MME I ........... I .. ~ p....I ...... = 0 ~1ICIII mm _.. I9DWDI"- _ ..... -'SIftIn'_ \ ~lINUAInr~1:lPsr:::\r a. Parkina and storaae of recreational eauioment I commercial vehicles. Page 31 of96 Words struck through are deleted, words underlined are added i. Within the VR-ACSC/ST zonina district, boats. trailers. recreational vehicles or other licensed recreational equipment may be stored in anv yard subiect to the followina conditions: a) Recreational vehicles and equipment may not be used for livinQ. sleepina. or housekeepina purposes when parked or stored. b) Recreational vehicles or equipment stored under this section of the LDC shall not exceed 35 feet in lenath. c) Recreational vehicles exceedinQ 35 feet in lenath mav onlv 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 lenath. shall be permitted to be parked at the propertv owner's residence. unless one or more of the vehicles are temporarilv enaaQed in construction or service operation. n Parkina for the property owner's licensed commercial vehicles shall onlv be permitted within driveways. Qaraaes. and/or carports in accordance with Collier County reaulations. in Commercial vehicles areater than thirtv- five (35) feet or Qreater in lenath shall be prohibited from parkina or beinQ stored on residentiallv utilized property. e) Commercial eauioment such as crab traps. and other seasonal commercial eauioment may be stored on the owner's residential property in anv yard. b. Keepina of animals/fowl as accessory use. On VR-ACSC/ST oarcels a minimum of two (2) acres in area or areater. 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. * * * * * * * * * * * * * Page 32 of 96 Words strl:lel, throl:lgh are deleted, words underlined are added SUBSECTION 3.1. 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 * A = accessory use -.. "-l ....., ":l- Or) 'C U < 1.":1 k. k. k. k. k. k. * C,,:) ~ C""') C""') C""') C""') C""') C""') Cl::: Cl::: Cl::: Cl::: Cl::: Cl::: * SIC Code * * * * . * * * * * * * * * * 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 stations * Veterinarian's office C * Wholesale trade - durable goods * Wholesale trade - nondurable * goods Yacht club * Zoo C * 1--The overlay districts are not included in this table where they are design-oriented and do not change the underlying uses. Overlay districts, whether listed herein or not, allow the uses in the underlying zoning district. Those overlay districts listed in this table also allow the specifically listed uses. Ra6id€lnti::l1 Neighl:mrhood Commorcial i6 not inoluded, os it daals with homo oOGupations. 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 zonina within the Golden Gate Estates subdivision. the Golden Gate Area Master Plan restricts the location of conditional uses. 1 For restrictions/conditions on clam nurseries in the Goodland Overlay District, see 2.03.07 2 Not incidental to agricultural development of the property. NOTE: "Extraction related processing and production" is not related to "oil extraction and related processing" as defined in this Code. 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. * * * * * * * * * * * * * 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: Page 33 of 96 Words struek tRfel:lgh are deleted, words underlined are added * "0 * N <"l s::: , I C=conditional use o:l U U - - o:l , I I * SU v v * .- I u OJ ~ N(l) s::: A =accessory use v :.a * ~ u '2 q,) * O!.l: v E .... "- > 0.0 s::: q,) c;- 0 - * U s::: .u ~ - * .... q,) c; c; v s::: * S v '13 '13 Sl:i .... .... v v * 0 S S ACCESSORY AND * U S S 0 0 CONDITIONAL USES U U * * * Mixed Use uses Clf! C16 C16 * * * * * * * 16 Subiect to desian criteria contained in Section 4.02.38 * * * * * * * * * * * * * * * * * * * 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 * * * * * * * * * * * * O. In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHOB 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 AHOB monitoring program, and the limitations on the AHOB. * * * * * * * * * * * 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 AHOB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of affordable housing units proposed 'in the development categorized by level of income, number of bedrooms, and rental units and owner-occupied units: Page 34 of 96 Words strl:lel( tm-ough are deleted, words underlined are added 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 LOC; 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. * * * * * * * * * * * * * 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. D. Base flood elevation data shall be shown on the Master Subdivision Plan. E. All final plats presented for approval shall clearly indicate the finished elevation above NGVO of the roads, the average finished elevation abo'.'o NGVO of the lots or homesite, and the minimum base flood elevation abovo 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 * * * * * * * * * * * * * 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 abovo NGVO 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 Page 35 of 96 Words stmek tRrough are deleted, words underlined are added the applicant of the changes necessary in order for the development to meet the standard. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * O. 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 RFMUO which existed oxisting prior to June 19, 2002. * * * * * * * * * * * * * 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 manaaement plans have been obtained from the appropriate local. state and federal aaencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. 4. Where areater veaetation protection is required in the Rural Frinae Mixed Use District. a hiaher native veaetation protection requirement may not allow for the full 1 acre of clearinq. G. A vegetation removal permit is not required for the following situations: 1. Removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or designee as part of the final development order. 2. Removal of protected vegetation from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 3. Removal of protected vegetation, other than a specimen tree, by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swath that is less than three (3) feet in width. 4. Removal of protected vegetation prior to building permit issuance if the conditions set forth in section 4.06.04 A.1. 5. Hand removal of prohibited exotic vegetation. Mechanical clearing of prohibited exotic vegetation shall require a vegetation removal permit. Page 36 of 96 Words strucl( tHrough are deleted, words underlined are added 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-wav for an electrical transmission line or public utility distribution line has been established and constructed. a local oovernment mav not require any clearino permits for veoetation removal. maintenance. tree pruninQ or trimminQ within the established and constructed riaht-of-wav. 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 manaQement plans must comply with aoency reQulations and ouidelines. These mav 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-wav has been leoally secured. a local oovernment may not require anv c1earino permits for veoetation removal. maintenance. tree pruninQ or trimmino within the established road riaht-of- wav. Trimmino and pruninQ shall be in accordance with subsection 4.06.05.J.1 of the Code. All needed environmental permits or manaoement plans have been obtained from the appropriate local, state and federal aoencies. These permits mav include but are not limited to permits for wetland impacts or for listed species protection. * * * * * * * * * * * * * 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 storm water management system that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl. Contained within such a lake, this area will typically function as a freshwater marsh. Accordingly, the following requirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. A. Design requirements. * * * * * * * * * * * * * 7. Required information. The planting plan for the LSPA shall provide the following information: a. Calculation table showing the required area (square feet) for the LSPA and its percentage of the total area at control elevation (NGVD); b. Control elevation (NGVD) and dry season water table (NVGD); c. Maximum water depth (feet) and estimated number of months of flooding for the range of planted elevations within the LSPA; d. A plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size; e. Planting locations of selected plants. * * * * * * * * * * * * * 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 Page 37 of96 Words stfl:lck throl:lgh are deleted, words underlined are added 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 fivo and ono half (5 1/2) foot NGVO ',.'hon oompletod, or to such minimum elevations abovo tho oGtabliGhod NGVD datum as adopted by the BCC, FEMNFIRM, 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. * * * * * * * * * * * * * 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 footprint. 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-Iine; 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 '!..hich 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]. * * * * * * * * * * * * * * * * * * * * * * ~. Special Requirements for Accessory Uses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2. BMUD-NC land immediately adjasent to abuttina Haldeman Creek may engage in boat rental operations. Page 38 0[96 Words strl:lelc t\:irol:lgh are deleted, words underlined are added 3. Lots abuttina aElj3GeFlt 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 BMUO-W parcels. A site development plan shall be submitted to the County Manager or designee and must succeed in gaining approval. * * * * * * * * * * * * * E. Oesign 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 Orive. 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 PUOs. BMUD-NC and BMUO-W Subdistricts af\€J that abut oontiguous BMUO R1 through R1 Rresidential Subdistriots, orooertv. 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 BMUO-W Subdistricts abutting abuttina commercial zoned districts or abutting BMUO- NC or BMUO-W Subistricts. However, the equivalent buffer area square footage may be provided in the form of landscaped and hardscaped courtyards, mini-plazas, outdoor eating areas and building foundation planting areas. * * * * * * * * * * * * * G. Architectural Design Theme. The "Florida Cracker" architectural theme is encouraged for any new developments or existing building rehabilitation or renovation in the C-1 through C-5 zoning districts which underlay the BMUD Neighborhood Commercial (NC) and Waterfront (W) Subdistricts. If the suggested architectural design theme is used then the elements of the buildings should reflect the architectural vernacular of the "Florida Cracker" style. 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. Page 39 of 96 Words struck tRrel:lgn are deleted, words underlined are added d. All buildings immediatelv adjacent to Bayshore Orive shall have the principal pedestrian entrance fronting Bayshore Orive. Exceptions mav be aranted for mixed use proiects of 2 acres or areater throuah 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. * * * * * * * * * * * * * 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. Oesign 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 Marinasf.:. 1. Repair and dry storage areas shall not be visible from the street. 2. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and not visible from Bayshore Drive. 3. All boat racks shall be enclosed, with a wall or fence. The fence material 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 Page 40 of 96 Words stn16l( throl:lgh are deleted, words underlined are added 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 displaYE of boatE on proportioE fronting Haldom::m Creol< shall bo limitod to tho follov:ing: a. .^,II are3S usod for boat salos Ghall utilizo no moro than fifty (50) porcont of tho linoar frontage of the property. b. .'\11 new boat Ealo aroas Ehall not bo clOEor to tho frontage lino than tho primary building thoy EOrvO un lOGE it is othorwiGO recommondod for appro':al roviowod and commontod on bv tho CRA Local l\d'Jisory B03rd st3ff 3nd e:hall bo adminie:trativoly approvod by tho County Managor or doe:ignoo. c. /\11 boatE locatod within outdoor Ealos 3re3S sh311 not excood 3 hoight of thirty fivo (35) foot abovo tho oxiEting gr3de. 83ilb03t m3sts 3re exempt from this limitation. d. Outdoor EaloE areaE Ehall bo connoctod to tho parking ::lroa ::lnd primary Gtructuro by a podoEtrian walk'N::lY. o. /\n additional l::lndsc::lpe 10 foot buffor iE roquirod around tho porimotor of the outdoor e:aloe: aroa. ThiE buffer mue:t inoludo, at minimum fourtoon (11) foot high trooE, spaced at thirty (30) foot on centor and a throo (a) foot high doublo row hodge e:p::lced at threo (3) foot on contor::lt the 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. * * * * * * * * * * * * * 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. * * * * * * * * * * * * * B. Specific Oesign Requirements * * * * * * * * * * * * * 5. Garages and driveways. a. Garage doors shall have a maximum width of sixteen (16) feet. b. The driveway shall have a maximum width of eighteen (18) feet in the Page 4] of96 Words stmcl< throl:lgh are deleted, words underlined are added 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) " H \ " \ //"Nftt~tm:fI \ """'''- _~] I c. No freestanding carports are permitted. Carports and porte-cochere must be attached to the principal structure and of similar materials and design as the principal structure. Carports shall be no closer than 23 feet from the front vard setback line. d. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. * * * * * * * * * * * * * 6. Accessory Unit An accessory unit is a separate structure located on the property and related to the primary residence (single-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, garage, swimming pool or guesthouse. 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 aaQ 570 square feet, limited to one (1) habitable floor. d. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. e. The maximum height of a structure containing a guesthouse over a garage is limited to a maximum of twenty (20) feet, measured from the level of the first finished floor of graded lot to the eave, and with a maximum actual building height of twenty-six (26) feet to the top of the roof. Page 42 of 96 Words stntck tnrol:lgh are deleted, words underlined are added t A structure containing only a guest unit must meet the NFIP first habitable floor elevation requirement. The maximum actual building height shall not exceed twenty-six (26) feet to the top of the roof. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * 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. Page 43 of 96 Words struel, throl:lgh are deleted, words underlined are added ii. Cupolas. iii. Dormers. iv. Attached clock towers. fv.:.v. Any other treatment which the County Manager or designee determines to represent the character themes of this overlay district. 3. Freestandina clock towers shall be permitted in non-residential and mixed use planned unit developments (PUDs) within Activitv Center NO.9 subiect to the followina conditions: a. The clock tower shall not exceed an actual heiaht of 35 feet. measured from the hiahest point of the crown of the road adioinina the tower site: b. The clock tower shall be desianed to complement the architectural themes of this overlav district pursuant to subsection 4.02.23 B: c. The clock tower shall have no more than 1 clock face per side and diaital clocks shall not be allowed: d. The clock tower shall not contain anv sianaae of anv nature: and e. Onlv one clock tower per business park or PUD shall be permitted. * * * * * * * * * * * * * 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. * * * * * * * * * * * * * 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) * * * * * * * * * * * * * E. Landscaping and Buffer Requirements. .1. Landscaping and buffer requirements shall be pursuant to section 4.06.00 of this Code unless specified otherwise below: 2. Buffers are required between GTMUD-MXD Subdistricts and Gontiguouc GTMUD R Rocidential Subdistriots, abuttina residential propertv. 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. * * * * * * * * * * * * * SUBSECTION 3. V. AMENDMENTS TO SECTION 4.02.36 Design Standards for Development in the GTMUD- Residential Subdistrict (R) Page 44 of 96 Words strl:lelc through are deleted, words underlined are added 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) * * * * * * * * * * * * * 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 vard 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 GTMUO 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. * * * * * * * * * * * * * 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 SDecific Desian Criteria for Mixed Use DeveloDment within C-1 throuah C-3 Zonina Districts A. Purpose and Scope. The Commercial Mixed Use desian criteria are to encouraoe 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 Proiect is allowed in the Urban Mixed Use Oistrict contained within the FLUE and subiect to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban- Commercial District and the reaulations contained herein. B. Applicabilitv. All properties zoned C-1. C-2 and C-3. These reaulations shall apply to all mixed-use proiects proposed within these zonina districts, subiect to the desian criteria set forth in this ection. The desian criteria address the relationship of buildinas. parkina. vehicular. and pedestrian movement to create a pedestrian oriented experience. Buildinas are encouraoed to be built Page 45 of 96 Words struel( thrOl:lgh are deleted, words underlined are added close to the vehicular and pedestrian way to create a continuous active and vibrant streetscaoe utilizina the architecture. landscapino. liahtino. sionaoe. and street furnishinas. Vehicular travelwavs support two-way traffic and on street parkina. A loaical pedestrian oathway system is provided throuohout that connects the pedestrian movements from one use to another or within use areas. Building arcades and awninas are allowed to extend over the sidewalk to create shade and encouraae pedestrian activity. Sianaae desian shall be carefully inteorated with site and buildina desian to create a unified appearance for the proiect. Creativity in the desion of signs is encouraoed in order to emphasize the uniaue character of the proiect. Proiects utilizina these desion criteria will be developed in compliance with the LOC. except as specified herein. C. Commercial Mixed Use Oesion Criteria. Proiects 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 desion criteria are applicable to the C-1 throuah C-3 zonino districts. b Commercial uses and develooment standards shall be in accordance with the commercial zonina district on the subiect property. unless modified within these reaulations. 3. Residential density is calculated based upon the oross commercial proiect acreaoe. For propertv in the Urban Residential Frinae Subdistrict. density shall be as limited by that subdistrict. For property not within the Urban Residential Frinae Subdistrict. but within the Coastal Hiah Hazard Area. density shall be limited to four dwellina units per acre: densitv in excess of three dwelling 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 propertv not within the Urban Residential Frinae Subdistrict and not within the Coastal Hiah Hazard Area. densitv 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 housina in accordance with Section 2.06.00 of the Land Development Code. Ordinance No. 04-41. as amended. In case of residential uses located within a building attached to a commercial buildina or in the case of a freestandino residential buildina. sauare footaae and acreaoe devoted to residential uses shall not exceed seventy percent (70%) of the aross building sauare footaoe and acreaoe of the proiect. 4. The proiect shall provide street. pedestrian oathway and bike lane interconnections with adiacent properties. where possible and practicable. 5. The proiect shall. to the oreatest extent possible. use a orid street system. or portion thereof. so as to afford maximum opportunity for interconnections with surroundina properties and to provide multiple route alternatives. D. Pedestrian Pathways. .1. This desian criteria is only applicable to streets internal to commercial mixed use proiects. it is not applicable to proiect portions frontina on existina collector or arterial roadway. 2. The pedestrian Dathways alono the main streets shall be a minimum of 21 feet in width. (See diaoram below) 3. Pedestrian Dathways shall be provided pursuant to Collier Countv LDC Section 4.02.38 D. and shall include: street furnishinos. a street tree plantina zone. and a pedestrian travel zone. (This is not applicable to internal parkino lots). Page 46 of 96 Words struel{ throl:lgh are deleted, words underlined are added 4. Overhead arcades. awninas or canopies. mav extend over the dinina and displav 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. 5. Outdoor dinina at buildina arcades or outdoor areas may be enclosed bv planters. decorative fencina. or comparable moveable barriers. The dinina area shall not encroach into the pedestrian travel zone. 6. 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 be have a minimum clearance of 8 feet heiaht above the sidewalk. E. Street Furnishinas & Street Plantinas. .1. This desian criteria is on Iv applicable to streets internal to commercial mixed use proiects. it is not applicable to proiect portions frontina on existina collector or arterial roadways. 2. Street furnishinas shall be provided in coniunction with the street tree plantina zone. Street furnishinas shall include benches per LOC Section 4.06.03 B. 8. one waste/recvclina receptacle per 300 lineal feet of street frontaae. and bike racks per LDC Section 4.05.08. Street furnishinas may also include bus shelters. information kiosks. and similar furnishinas ~ Site furnishinas (not associated with an individual business) shall be coordinated and fabricated of compatible materials. 4. Visual obstructions shall not be allowed within siaht trianales/spaces at street intersections pursuant to 4.06.01 0.1 of the LDC. 5. 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. i. 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 mav be interrupted bv 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 buildina 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 landscapina. the pedestrian travel zone. and street furnishinas will not allow canopv trees. Areas for canopy trees should be included at plazas. street intersections. and other areas where buildinas are set back and space will allow. ii. Plantinas shall include a varietv 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. Hi. Plantina zones at the around plane shall include turf arass; aroundcover. low shrubs or flowerina plants. F. Landscape. Page 47 of96 Words strl:lek thTOlJgh are deleted, words underlined are added .1. This desian criteria is on Iv applicable to streets internal to commercial mixed use proiects. it is not applicable to proiect portions frontina on existina collector or arterial roadway. 2. Provide a varietv 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. Canopv 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 on Iv 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 mav be planted with a palm tree eauivalent. 2. Minimum tree size shall be 1-% " caliper and a minimum of 10 feet in heiaht. ~ The perimeter of all parkina lots frontina on public riahts-of-way shall be screened to a minimum heiaht of 24 inches usina walls. fences. landscapina or anv combination thereof. 4. 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 frontage. Street trees planted within the right-of-way may be used to meet this reauirement. H. Building Foundation Plantinas. .1. Building foundation plantinas shall be reauired per section 4.06.05 of the Code. except as follows. The building reaardless of its size. shall provide the eauivalent of 10 percent of its around level floor area. in building foundation plantina area. A continuous building 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 building edae in the form of landscaped courtyards and seatina area landscapina. I. Buildina Architectural Standards. .1. The Mixed Use Proiects shall include architectural features that provide visuallv interestina building desian at a scale appropriate for pedestrian and automobile. a. Buildina facades shall be desianed to reduce the mass and scale of the buildina. bv providina arcades. windows. entry features. and other desian treatments in compliance with section 5.05.08 of the LDC except as follows: Page 48 of 96 Words struel, tRfOl:lgh are deleted, words underlined are added 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. c. 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 material on the orimarv facades between the first and subseauent stories. Q.. The followina architectural options are in addition to the list of reauired desion 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 lenoth of 60 percent of the facade. 11. A buildina recess or proiection of the first floor with minimum depth of 8 feet and total minimum lenath of 60 percent of the facade lenath. iii. Architectural elements such as balconies and bav 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 anv other comparable feature, if applied as part of the structure. must also comply with the reauired minimum depth). J. Sian Types & Definitions. 1. Oefinitions a. Sandwich boards: A portable sian comprised of two sian panels hinaed tooether at the toP. b. Flaa Banners: Fabric panels hanoina from or stretched between brackets proiectina from lioht poles. 2. Permitted Sian Types. a. All sians shall be in compliance with section 5.06 of the Code. except as follows: b. Awnina Sians: In addition to any other sian allowed by the Code. The front vertical drip of an awnina mav be stenciled with letter or oraphics. A 10 percent clear area border is reauired on all 4 sides of the front vertical drip. ~ Proiect Entrance Sians - Two around or wall sians shall be allowed at the main entrance to the develooment with a maximum heiaht of 6 feet subiect to the followinQ requirements. 1. . The sians shall contain onlY the name of the develooment, the insionia or motto of the develooment and shall not contain promotional or sales material ii. The sians shall be limited to 60 square feet of sian area each and shall not exceed the heioht or lenoth of the wall upon which it is located. Page 49 of 96 Words struel( thr0l:lgh are deleted, words underlined are added iii. The around or wall sian shall maintain a 10 foot setback from anv property line unless placed on a wall subiect 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 amenitv with a maximum heiaht of 4 feet subiect to the followina reauirements. i. The sian shall contain only the name of the residential neiahborhood and the insiania. ii. The around or wall sian shall be limited to 30 square feet of sian area and shall not exceed the heiqht of the lenath 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 around floor. one per establishment. not to exceed 6 square feet of sian area in size and shall onlv be displaved durina business hours. (maximum 2 faces at 6 Sa. feet each). f. Flaq Banners: Vertical or horizontal panels of woven fabric ror formed synthetic materiall attached to. and projectina from liqht poles within the project that act to identifv. throuah loao. letterina. or a combination thereof. the unified control of the project from developer throuah and to proiect's Association. The maximum sian area shall be proportional to the heiaht of the pole: 1. 16 feet pole - 15 sa ft. maximum (2 faces at 15 square feet each). ii. 20 foot pole - 20 sa ft. maximum (2 faces at 20 sauare feet each). and iii. 30 foot pole - 36 sa ft. maximum (2 faces at 36 sauare feet each). a. Seasonal and/or Special Events Banners: Vertical or horizontal panels that may be attached to desianated fixtures located within the proiect at the time of site development plan submission. The number of desianated 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 Types. a. Portable or mobile sians except sandwich boards. b. Off-site sians. c. Proiectina or Pole sians d. Fluorescent colors K. Parkina Reauirements. Mixed-use developments have the opportunity to provide a variety of parkina options to residents and patrons. Mixed-use proiects reduce vehicular trips. and the number of required parkina spaces bv utilizina pedestrian-oriented desian and reducina the distance between residential and commercial uses. 1. Definitions. a. On-street Parkina - Parkinq spaces located adiacent to. and accessed directly from the roadway. Page 50 of 96 Words strl:lel, thrOl:lgA are deleted, words underlined are added b. Off-street Parkina - Parkina soaces located within oarkina lots or oarkina structures and accessed off the roadwav. c. Parkina lot - A around-level area utilized for oarkina soaces accessible from the road and usually adiacent to the use it serves. d. Parkina structure - A multi-level oarkina area utilized for oarkina soaces that serve establishments within walkina distance of the structure. The structure mav or may not be adiacent to the establishments it serves. 2. Desian Criteria and Dimensional Reauirements On-street Parkina. a. Desian criteria only aoolicable to streets internal to commercial mixed use project. not applicable to oroiect portion frontina on existina collector or arterial roadway b. Parallel oarkina shall be a minimum of 9 feet wide bv 23 feet lona. For every four on-street oarkina soaces orovided a landscaoe island that is 8 feet wide and 15 feet lona and is surrounded by Tvoe 0 concrete curbina. shall be provided in addition to the oedestrian clear zone landscaoe reauirement. The corners adiacent to the travel lane shall be ana led at least 45 dearees awav from oeroendicular with the curb in order to orovide adeauate inaress and earess from each oarallel oarkina soace. Each island shall be olanted with hedaes. aroundcover and/or arasses less than 36 inches hiah and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of olantina. c. Analed oarkina mav be 45 dearees or 60 dearees from the travel lane. Soaces must be a minimum of 9 feet wide and 18 feet lona. For every four on-street oarkina soaces orovided a landscaoe island that is 12 feet wide and 15 feet lona and is surrounded by Tvoe 0 concrete curbina. shall be orovided in addition to the pedestrian clear zone landscaoe reauirement. The island shall be planted with hedaes. aroundcover. and/or arasses less than 36 inches hiah and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of olantina 3. Oesian Criteria and Oimensional Reauirements Off-street Parkina. a. Location - Parkina lots or oarkina structures shall be located to the rear of buildinas located on the main street. or the alona the secondary/side streets. Off-street oarkina shall not occur in front of the Drimarv facade. b. Lots shall be desianed to keeo all circulation between aisles internal to the lot. Drivewavs to oarkina areas shall be a minimum of 24 feet wide. c. 90 dearee oarkina soaces shall have a minimum drive aisle width of 24 feet and stall size of 9 feet by 18 feet. d. 60 dearee ana led oarkina shall have a minimum drive aisle width of 20 feet. if one-way. and 24 feet. if two-wav. Parkina stall size shall be a minimum of 9 feet x 18 feet. 4. Handicao Parkina. Handicao oarkina shall be located to facilitate the most direct and safest route to buildina entries and meet all apolicable codes. 5. Parkina Structures. Page 51 of96 Words struek tlirough are deleted, words underlined are added a. Parkina structure facades shall be desianed to screen views of automobiles bv the aeneral 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. Buildina Foundation Landscapina 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 required landscapina. no additional landscapina is reauired. i. All structures with uncovered parkina 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 intearal to the structure, or suitable architectural features to soften the buildina edae. ii. Parkina structure liahtina shall be a maximum of 20 feet in heiaht. Liahtina shall incorporate full shield cut- offs to contain liaht to the surface of the deck only. iii. Parkina 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 Parkina Aareements i. Desian criteria only applicable to streets internal to commercial mixed use proiect. not applicable to proiect portion frontina on existina collector or arterial roadway ii. The total number of parkina spaces provided in a mixed-use proiect shall be determined bv the intended uses as reauired by section 4.05.00 of the Code. Off- street Parkina 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 parkina reauirement. v. If a commercial area is developed in one phase with one site develooment olan application the on-street parkina may be utilized to meet parkina reauirements in a one-to-one ratio. vi. The overall parkina reauirement mav be reduced at the time of site develooment olan approval by consideration of a shared parkina analysis. The analvsis shall demonstrate the number of parkina spaces available to more than one use or function, recoanizina the reauired parkina will vary dependina on the multiple functions or uses in close proximitv which are unlikely to reauire the spaces at the same time. The shared parkina analvsis methodoloav will be determined and aareed upon bY Countv staff and the aoolicant durina the pre-application meetina, or durina onaoina discussion. durina the site develooment olan review process. Page 52 of 96 Words stme1( threl::lgh are deleted, words underlined are added vii. Establishments providina valet parkino services mav not utilize parkina areas desianated for shared use for the storaae of vehicles parked bv this service. unless allowed bv a shared parkina aoreement. 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 mav not utilize on-street parkino in the commercial area to meet the residential parkina reauirement. ix. Residential areas may utilize on-street parkino that is abuttina a residential unit to meet the parkino reauirement in a one to one ratio. If parkino spaces are used to meet a residential parkina reauirement thev may not then be utilized to meet anv of the commercial reauirement. L. Service Areas. 1. Loadina 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. 2. Refuse containers and facilities shall be hidden bv an opaaue wall or fencino of sufficient heioht to screen the bin and any appurtenances. but not less than 6 feet in heiaht. Chain link fencina. wood fencino and chain link oates are not allowed. Walls shall be constructed of a material compatible with the principal structure it is servino. Landscapino with vines or other plants is encouraaed. Enclosures shall include solid. latchina oates 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. * * * * * * * * * * * * * 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 ReQuirements. All Residential Sinole-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 of96 Words struel( through are deleted, words underlined are added 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 onlY build fill pads to a maximum elevation of 18 inches above the elevation of the crown of the paved street or 24 inches above the elevation of the crown of the unpaved street at the drivewav entrance to the home. The side slopes of the fill pad can be no steeper than 1 vertical unit to 4 horizontal units. 1. Any first floor beina built hiaher than what can be set on that house cad must sit on a stem wall, or piles. or columns with footinas, or anv similar such desian that does not reauire a wider fill pad. 2. Exceptions to this section can be souaht based on a site stormwater retention desian done bv a Professional Enaineer, licensed in the State of Florida. showina that the site has sufficient water aualitv retention and water auantitv attenuation on site to prevent the sheddina of excess runoff onto neiahborina properties and showina that flood plain compensation has been achieved. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * B. Regulations. * * * * * * * * * * * * * 3. Ouring E;jevelepment or redevelopmont of Clommorcial lets, shared 3GG8S6 and/or interconnection shall be encouraged. Durina the develocment 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 existina parkina spaces, the applicable develocment will not be reauired to mitiaate for the parkina spaces. The County Manaer or desianee shall reauire the shared access and interconnection unless in the professional iudament of the Countv Manaer, or desianee, one of the followina criteria prohibits this reauirement. a. It is not phvsically or leaally 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 develocment. c. The location of environmentally sensitive lands precludes it and mitiaation is not possible. d. The abuttina use is found to be incompatible with the existina or proposed use. * * * * * * * * * * * * * SUBSECTION 3 Z. AMENDMENTS TO SECTION 4.06.02 Buffer Requirements Page 54 of 96 Words struek through are deleted, words underlined are added 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 * * * * * * * * * * * * * 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 PUO 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 PUO 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 communitv facility is located within a residential PUO and abuts a residential unit. the normally required combined Type Band Type A landscape buffers shall be reduced to a sino Ie Type B buffer. When a fence or wall is used within the buffer a minimum of 50 percent of the trees and hedoe plantinos shall be located on the residential side of the fence or wall. * * * * * * * * * * * * * 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. * * * * * * * * * * * * * 6. Natural and man made bodioE of 'Nator inoluding rotontion aroaG for oil develepmeRts Eubjoot to section 6.06.08 and 3.06.10. 3. Configuration of ',.'ater managomont aroaG. The shape of a manmado body of wator, inoluding rotention ond dotontion oreaE, mUGt bo dosignod to oppo:Jr natural with aurviline:Jr odgos. Soo "Body of Water Shapos" figuro below. An oltornativo dOEign may bo approvod aE a part of tho dOEign of tho buildiRg, if tho dosign of tho v..ator monagomont aroa is rolatod to tho orohitoctural design of tho InJildiRg. GRAPHIC LINK: Clisk here b. VI/otor maRagement ar90S within the treRt yards. N3rrOVJ and stoop water monagoment oreas are prohibitod within tho frcmt yards that Iio botv/oon tho primary fasades of a bl:JiIEliRg and 3 public ond privoto street. Thoso narrow and Gteop wator Page 55 of 96 Words stmek duol:lgh are deleted, words underlined are added managemont aroas are defined as 12 foot or loss in width '....ith maximum slopo of 4 to 1. o. Roquirod amenities. The following standards apply to detention and rotention aroas oxoeoding twolvo foot in width. All bodios of 't.'ater, inoluding retention aroas exoooding 20,000 square foot, and whioh aro looatod aEtjaoent to a public right af 'J.:ay, must inoorporate into overall dosign of tho projoot at loast two of tho following itoms: i. 1\ v:alkwQY 5 foot wide and a minimum of 200 foot long, with troos of an a'/orage of 50 foet on oentor and with shadod benohos, a minimum of 6 foot in longth or picnic tablos with one looatod evory 150 feot. ii. Fountains. iii. Partially shaded plaza/courtyard, a minimum of 200 square feot in aroa, with bonohes and/or picnic tablos adjaoent to tho water body, or rotontion aroas. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * B. Landscaping requirements for industrial and commercial development. * * * * * * * * * * * * * 4. 8Yih:ling foundation planting aroas. .^.I1 sl=lapping Genter, rotail, offioo, apartmonts, GonEJaminiyms, clubhouGes and similar uses must pro'lido bYilding foundation planting in tho amount of ten porcent of proposed bYilEJing ground 10'101 floor area. ThoGe planting areas must be looatod adjaoent to tho primary public bYilEJing ontrance(s) and/or primary street olevation. Planting aroas must oonsiGt of landscape areas, raised plantors or plantor boxos that are a minimum of five foot '.vide oxcopt as required by sootion 4.06.05 B.5. bolow. Thoso aroas must be landsoapod with troos ~md/or palms in tho amount of one troo or one palm equivalont per 250 squ3re foot; and shrubs and ground cO'.'orG other th3n graGs. Building foundation plantings aro exompt from tho nativo roquiromonts. Water managomont areas must not bo a part of this planting area. Parking let islands will not oount towards this roquiromont. 5. Building foundation planting roquiremonts for I,)Yildings 35 foot or moro in hoight; and/or sootion 5.05.08 bYilEJings with a footprint greator than 20,000 squaro foot and/or parking garage stn:lotyres. 3. The minimum width of 9YilEJing foundation planting areas must be moasurod from tho base of tho I,)YilEJing and must rolate to tho adjacent 9Yilding 's \\'DII height as heroin dofined aG follo'NB: TABLE INSET: Page 56 of 96 Words struek thrOligh are deleted, words underlined are added b. Sites locatod adjacont to a permanent '.vator body such as a canal, Iako, bay or gulf may incorporato tho roquirod landscapo buffor 'Nidth into the building porimoter landscape buffer width. c. Troos roquirod by this soction must bo of an inctalled Gizo roloting to the adjacent building 'E: wall hoight, as dofined bolm..,: 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. \Nhero oquipment such as gonerator€: and antonnaE: are visible above the surrounding foncoG or ..valls, Proiections visible above the fence or wall shall be screened from view bv trios of sabal palms with a minimum clear trunk height of 8-12 feet mYSt 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 fencffigg or wall, as applicable. * * * * * * * * * * * * * .~}'. Table 4.06.05.C. Building Foundation Planting Reauirements (Lenath) 25 percent of the combined total of all buildina facade lenath x Buildina (Width) 10 feet wide = (Area) Total Plantina Area Reauired. footorint under Trees and palms shall be a minimum 10 feet hiah at olantina. Minimum 10.000 sauare width of olantina beds shall be 5 feet. feet Trees and palms shall be provided at a rate of 1 oer 300 sauare feet of reauired foundation olantina area. (Lenath) 45 percent of the combined total of all buildina facade lenath x Buildina (Width) 15 feet wide = (Area) Total Plantina Area Reauired. footorint over Trees and oalms shall be a minimum 14 feet hiah at olantina. Minimum 10.000 sauare width of olantina beds shall be 10 feet. feet Trees and oalms shall be orovided at a rate of 1 oer 400 sauare feet of reauired foundation olantina area. All Buildinas (Lenath) 55 percent of the combined total of all buildina facade lenath x with zoned (Width) 20 feet wide = (Area) Total Plantina Area Reauired. heiaht 50 feet Trees and palms shall be a minimum 18 feet hiah at olantina. Minimum width of olantina beds shall be 10 feet. or areater Trees and palms shall be orovided at a rate of 1 oer 500 sauare feet of reauired foundation olantina area. C. Building foundation olantinas. All commercial buildinas. residential buildings with 3 or more units. and retail and office uses in industrial buildinas shall orovide building foundation olantinas in the amount set forth in table 4.06.05.C. and illustration 4.06.05.C. These olantina areas shall be located adiacent to building entrance(s). primary facades. and/or alona facades facina a street. 1. Retail and office buildings shall have foundation olantinas on at least three buildina facades. Plantinas shall occur alona at least 30 percent of each these facade lenaths. 2. Minimum olantina area width for trees and palms shall be 8 feet. 3. Building foundation olantinas shall be covered with shrub. around cover. raised olanter boxes. and ornamental arass olantinas. exceot as provided in item 10 below. 4. Sidewalks may occur between the buildina and foundation olantina areas. Sidewalks may also occur between foundation olantina areas and planted islands that meet criterion 7 below. 5 A maximum of 50 oercent of the reauired foundation olantina mav be located in perimeter buffers. 6. Water manaaement areas shall not occur in foundation olantina areas. 7. Parkina lot islands shall not be used to meet buildina foundation olantina area reauirements. exceot for islands contiauous to foundation olantina areas that exceed minimum width reauirements. Page 58 of97 Words strnelc throl:lgh are deleted, words underlined are added 8. Buildinas with overhead doors and/or open vehicular use areas alona buildina perimeters that are visible from anv road. access. or residence shall provide a Type B landscape buffer or approved eauivalent alona the entire perimeter opposite these features. The reauired foundation plantinas for these buildinas shall be reduced bv 20 percent. 9. All proiects may use the followina alternatives to meet the reauirements of table 4.06.05 C.: a. Turf arass may be used for UP to 30 percent of the buildina foundation plantina area when reauired tree heiahts are increased by 2 feet. b. Oecorative pavina areas incorporatina courtvards. walkwavs. water features. plazas. covered seatina and outdoor eatina spaces mav be used to meet UP to 20 percent of the reauired buildina foundation plantina area. c. Vine planted arbors. wall planters. and trellis structures may be used to meet UP to 15 percent of the reauired buildina foundation plantinq area. Page 59 of97 Words strl:lclc through are deleted, words underlined are added Illustration 4.06.05.C. Buildina Foundation Plantina Area ~~. A"" ~~~ ~ ",VA" "- "- ~ ",...., "- "" '1. ~J_ " -~~'''' ,,--~~ .>--- '- ~.. ./ )fC ~~ Buildina Foundation Calculation Formulas Buildinas under 10.000 square feet. Total of all facades (A+B+C+O) 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 sauare feet of foundation plantinos reauired. Buildinas 50 feet or areater zoned heiaht. Total of all facades (A+B+C+D) x .55 x 20'= Total sauare feet of foundation plantinos reauired. rRenumber C-L to D-Ml * * * * * * * * * * * * * N. Water manaoement areas. 1. Natural and manmade bodies of water includina retention areas for all develoDments subiect to section 5.05.08 and 3.05.10. a. Confiauration of water manaoement areas. The shape of a manmade body of water. includina retention and detention areas. must be desianed to appear natural with curvilinear edoes. See "Body of Water Shapes" fiaure below. An alternative desian may be approved as a part of the desian of the buildina. if the desion of the water manaaement area is related to the architectural des ion of the buildina. GRAPHIC HERE: Page 60 of 97 Words stmck tlirol:lgh are deleted, words underlined are added b. Water manaaement areas within the front yards. Narrow and steep water manaaement 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 manaaement areas are defined as 12 feet or less in width with maximum slope of 4 to 1. c. Reauired amenities. The followina standards apply to detention and retention areas exceedina twelve feet in width. All bodies of water. includina retention areas exceedina 20.000 sauare feet. and which are located adiacent to a public riaht-of-way. must incorporate into overall desian of the proiect at least two of the followina items: i. A walkwav 5 feet wide and a minimum of 200 feet lona. with trees of an averaae of 50 feet on center and with shaded benches. a minimum of 6 feet in lenath or picnic tables with one located every 150 feet. ii. Fountains. iii. Partially shaded plaza/courtyard. a minimum of 200 sauare feet in area. with benches and/or picnic tables abuttina the water-bodY. or retention areas. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * B. Oesign 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. * * * * * * * * * * * * * 7. Signs. ^ unif~od sign plan shall bo submittod and mado a part of tho approval for tho neighborhood '/illage GeAter site de'JelepmeAt plan. Tho approvod unified sign plan ..'/ill ostablish signago spooifioations ::md ....(i11 thorefore booomo tho sign regulations that will apply to tho neighborhood village Genter . Tho unified sign pl::m shall adhore to section 5.06.00 of this LDC, oxcopt that polo signs aro prohibitod. The neiahborhood villaae center shall adhere to section 5.06.00 of this LDC. except that Dole signs are prohibited. Signs shall be designed so that their size and location are pedestrian-oriented. * * * * * * * * * * * * * 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: * * * * * * * * * * * * * 5.03.06 Dock Facilities Page 61 of97 Words strnel( throHgh are deleted, words underlined are added 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. Oavits 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.JiAg line (MHWL). 2. On man made waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Oesignee 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 LOC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. O. Oetermination 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. sBoathouses and dock KlcilitioG 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 LOC. E. Standards for- dock facilitioG dock facilities. The following criteria apply to dock facilitioG facilities and boathouses, with the exception of dock KlcilitieG 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 (i.e. the total protrusion of the dock faCility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than twenty-five (25) percent of the width of the waterway or protrude greater than twenty (20) feet into the waterway, Page 62 of 97 Words struck through are deleted, words underlined are added whichever is less. 3. On manmade canals sixty (60) feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to thirty- three (33) percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of sixty (60) feet or greater shall have a side setback requirement of fifteen (15) feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LOC or as exempted below. 6. All dock facilities.. fexcept boathousesh on lots with less than sixty (60) feet of water frontage shall have a side setback requirement of seven and one- half (7.5) feet. 7. All dock facilities.. fexcept boathouses}.. 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) shoreliFlgs 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 channel}, as appropriate, for irregular shereliFlgs 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 OEP. If the location of the proposed development is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs. 12. 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 Page 63 of 97 Words strl:lel( thfel:lgh are deleted, words underlined are added 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 existina boat lift attached to a dock leaallv permitted. by the reauisite local. state and federal aaencies. if the followina 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 lenath of the boat lift canODV shall not exceed 35 feet. c. The heiaht of the boat lift canODV shall not exceed 12 feet. measured from the hiahest point of the canopy to the heiaht of the dock walkway. 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 reauirements of Awninas and Canopies in the Florida Buildina Code. 1. Canopy cover material shall be limited to beiae. or mid-ranae shades of blue or areen. a. No boatlift canoDies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontaae on canals shall be permitted a maximum of 1 boat lift 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 mav be made to the Plannina Commission which shall review a sufficient petition application and either approve or denv the reauest. 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 Plannina Commission to approve the boat dock extension reauest. 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: * * * * * * * * * * * * * H I. Procedures for approval of docks, dock facilities and boathouses. Page 64 of 97 Words stmelc throllgh are deleted, words underlined are added * * * * * * * * * * * * l 4. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of one (1) inch to 200 feet when available from the County, or a scale of one (1) inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by :3 cito 'licit by the County manager or designee prior to issuance of any project approval or permit. * * * * * * * * * .* * * * SUBSECTION 3. DD. 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 * * * * * * * * * * * * * C. Building design standards. * * * * * * * * * * * * * 13. Materials and colors. a. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. b. Extorior building oolors. Tho ue;o of solid bl3ok, gray, floroe:oont, prim:3ry or e:ooond:3ry oolorod motoria Ie: or finie:h paint is limitod to no more than ton porcont of a faoado or tho tot:31 roof area, exoopt that naturally ooourring matoriale: :3ro pormiGe:iblo, suoh ae: marblo, granito, :3nd slato :3nd tho following man made matori:3ls: silvor unp:3intod motal roofs. Exterior buildinq colors. i. The use of color materials or finish paint above level 8 saturation (chroma) or below liqhtness level 3 on the Collier County Architectural Color Charts is limited to no more than 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 followinq man-made materials: silver unpainted metal roofs. iii. The use of florescent colors is prohibited c. Exterior building materials (excludinq 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. Page 65 of 97 Words struck thf01:1gh are deleted, words underlined are added d. Neon tubing. The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. * * * * * * * * * * * * * 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. Oevelopment standards. a. Maximum allowable height. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, or as provided within this Code. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All signs within residential zoned districts and as applicable to residentially designated portions of PUD zoned properties shall not be located closer than ten feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. as determined by the county for safety and operation. c. If the applicant is not the property owner. then a copv 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. DGsfgn c.-iter/a and t:m:fiGG! sign P.'\:Jf1. 'Nhoro multiple on premise signs aro propOGod for a Ginglo Gito or projoct, or in tho caso of a shopping center or multi UGO Indh:ling , a unifiod Gign plan Ghall bo employod. An application f-or Gito Etevelopment or site improvement plan appro'.'al shall be accompaniod by ::I graphic and narmti':o reprosentation of tho unifiod sign plan to bo utilized on the Gito. The unified Gign plan mUGt be applied for by tho property O'Nnor, or his or her authorized agent. Tho unified sign plan may be ::Imondod ::Ind resubmitted for approval to rofloct style changoG or changing tenant noods. Oosign elomonts which Ghall bo addreGGed in both gr::lphic and narrativo form includo: a. ColorG; b. Construction materialG and mothod; c. I\rohitectuml dosign; d. Illumination mothod; e. Copy stylo; f. Sign typo(s) ::Ind location(s); and, conformanco ':lith tho following: i. Tho sign Ghall not bo in tho shapo of a logo and the logo shall not protrude from tho Gign. ii. Tho UGO of fluorescont colon::; iG prohibitod. 1. If the applicant is not the owner of the propertv. then a copv of a notarized authorization letter between the property owner or property Page 66 of 97 Words struck throl:lgh are deleted, words underlined are added manaQer and the applicant is required. specificallv authorizina approval of the erection of a sian on the subiect Darcel. * * * * * * * * * * * * * 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 and rEu~idontial 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 mav determine that this provision does not mm!Y:. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * 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: * * * * * * * * * * * * * 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 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector roadway and 12 feet for all other Page 67 of97 Words strnel( tRrol:lgh are deleted, words underlined are added * roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LOC. t. The around or Dole sian shall not be in the shape of a 1000 and the 1000 shall not protrude from the sian. * * * * * * * * * * * * 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 aOO ~ i. The County Manaoer or desionee mav administrativelv vary the dimension re~uirements of clear area. in cases where architectural des ion of facades restricts clear ~ c. All wall signs for multi-use buildings shall be located at a consistent location on the building facade, except that anchor Page 68 of 97 Words struek through are deleted, words underlined are added * * * tenants may vary from this locational requirement in scale with the anchor's tenant's larger primary facade dimensions. AU signs shall adhere to the dimensions provided for in the unified sign plan. d. No wall or mansard sian shall proiect more than 18 inches from the buildina or roofline to which it is attached. e. Multi-storv 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 reauired at the time of buildina permit submittal from the property owner or property manaoement companv aivina 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 sauare footaae of the visual facade of the unit to which the sian will be attached and shall not in any case exceed 64 sauare feet. iii. No wall sian shall exceed 80 percent of the width of the unit(s) occupied bv a business with a minimum of 10 percent clear area on each outer edae of the unit(s) . * * * * * * * * * * * * 5. Menu boards: One menu board with a maximum height of 6 ft. measured from drive thru arade adiacent to menu board and 64 square feet of copy area per drive thru lane. * * * * * * * * * * * * 8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed per LDC. in this seotion 5.06.0a of the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. * * * * * * * * * * * * 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. * * * * * * * * * * 4-2 ~. Special purpose signs (on-site). Oue 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: Page 69 of 97 Words strnel( through are deleted, words underlined are added 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. ~ 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 Page 70 of 97 Words stmel( tJ:tfel:lgh are deleted, words underlined are added 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. 4a 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 non residentially 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. -1-e 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 Page 71 of97 Words struel( throl:lgh are deleted, words underlined are added phosphorescent; have a steady nonfluctuating or nonundulating light source. 18. Sianaae for Public Use Facilities: These reauirements aoolv to sians for oublic use facilities. as identified below. where sians are informational and contain no commercial advertisements. Sianaae for these facilities is exemot from the reauirements orovided in section 5.06.02 A. 7 (Conditional uses within residential and aaricultural districts). In addition. the number of sians. location and distance restrictions oer section 5.06.04.C shall not aoolv to oublic use facilitv sianaae. Aoolications for such sian oermits must be aoolied for accordina to the reauirements of section 10.02.06.B.2 (Buildina oermit aoolications for sians). Public facilities consist of: a. Government buildinas and or uses. such as oublic Darks & libraries. law enforcement. fire deoartments. and emeraencv medical services. b. Accredited oublic or orivate schools K-12. c. Hosoitals: As defined in the LDC. * * * * * * * * * * * * * 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: * * * * * * * * * * * * * LL. The use of fluorescent colors is orohibited. * * * * * * * * * * * * * 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 Manaaer or desianee determines that a site develooment clan or olat aoolication when reviewed cumulativelv with oroiects submitted within the last six months from the same master oroiect or develooment does not meet the transoortation concurrency Page 72 of 97 Words strode through are deleted, words underlined are added reauirements or is contrary to the purpose and intent of this section. as stated above, he may withhold approval of said develoDment order application until adeauate capacity is available or reauire the application submittals to be reviewed cumulativelv and subseauent impacts to be distributed and accounted for within the same impact boundary of the master proiect or develoDment. * * * * * * * * * * * * * 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,J, and-Bike Lane and Pathway Requirements A. Unless other:.'ise exempted by the regulations of this LOC, a All developments must construct sidewalks,!, aM.-bike lanes, and Dathwavs. where applioable, prior to oompletion of oonstruction authorized by a fi~al subdivision plat, site improvement, or site development plan, or any substantial amendment thereto, and as described below: 1. Sidewalks and bike lanes whero requirod, must be constructed within public and private rights-of-way or easements, which are adjacent to :md internal to the site prior to issuance of the first certificate of occupancv for construction authorized bv a final subdivision plat. site improvement. or site develoDment plan. unless otherwise determined by the County Manaaer or desianee. as follows: Typical Cross Sidewalks - Both sides 1 2 3-4 Bike Lanes _ Both sides 1 2 <J-4 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 Comorehensiye Pathways Plan Uodate. as amended. as a ootential off-street oathway corridor. ellGeJ'lt that for resiEleAtial develepmeRt J'lrejeGts '....hero 75% or more of that J'lrojeGl's laAa area has been aJ'lJ'lro'lea as of [the effeGti'lo sate of this oFEl;AaAGej for site de'JelepmeRt plaRs or fiRal subdlvlsleR plats with sidewalks or bike laRes that are oRly requirea OR one side of the ROW, then all aJ'lJ'llisations for SU9SeEJuent site develepmeRt plaRs or f1Ral subdlvlsleR plat may be approvea with sidewalks or bike laRes OA only one siaa of the ROW. 4 fer develepmeRt projects &eel(;ng appro'/al of a liRal subdlvlsleR plat or site development !'llan of 25 or fewer dwelling units where those uAits fr~nt on a ROW that terminates in a sui so saG, then sidewalks or bike laRes .....i11 only ge rOEJuireEl on one siao of the ROWand not aFOuna tho sirsumferonco of the cui as soc. 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: Tvoical Cross Sidewalks. Bike Lanes - Section Both sides123456 Both sides1234 6 6 Feet wide 5 feet wide Arterials and ~ ~ collectors Local/Internal ~ Accesswav Page 73 of97 Words stmek throl:lgh are deleted, words underlined are added 1_ exceot that onlv reQuired on one side (closest to the develoDmentl where rlaht-of-wav is adiacent to. but not within. the subiect develoDment and exceot as set forth below in this section. 2_ unless otherwise determined bv the County ManaQer. or desiQnee. that the existinQ ROW cross-section is ohvsicallv constrained or construction would result in unsafe conditions. 3_ exceot that for residential develoDment oroiects where 75% or more of that oroiect's land area has been aooroved as of March 8. 2005 for site develoDment Dlans or final subdivision Dlats with sidewalks or bike lanes that are onlv reQuired on one side of the ROW. then all aoolications for subseQuent site develoDment Dlans or final subdivision Dlat may be aooroved with sidewalks or bike lanes on onlv one side of the ROW. 4_ for develoDment oroiects seekinQ aooroval of a final subdivision Dlat or site develooment olan of 4 or fewer dwellinQ units oer Qross acre and where 15 or fewer dwellinQ units front on a a ROW that terminates in a cul-de-sac. then sidewalks will onlv be reQuired on one side of the ROWand not around the circumference of the cul-de-sac. 5 _ orior to the issuance of individual certificates of occuoancv. the reQuired sidewalks alonQ 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 Dathwavs. 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-wav or easements. which are adiacent to or internal to the site. Prior to issuance of the first permanent certificate of occupancy for construction. authorized by a final subdivision plat. site improvement. or site development plan. all required Dathwavs shall be provided. unless otherwise determined by the County Manaqer or desiqnee. ~ 1,. For sinale-familv and multi-family site development and site improvement projects within all conventional zoning districts and all sinale-familvand 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 rig ht-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 pathway sidewalk be proposed as an alternative design, then the minimum paved width of the pathway sidewalk_must not be less than ten feet. ~.2. All sidewalks and bike lanes must also be constructed in accordance with design specifications identified in sub-section e E., below. 4,2. 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-lieu of construction or construction at an alternate site, as set forth below, may be authorized or required as part of any corresponding development order or permit, at the discretion of the County manager or designee, for any or all of the following circumstances: 1. where planned right-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, Page 74 of97 Words struck through are deleted, words underlined are added 2. the cost of proposed sidewalks or bike lanes would be greater than twenty-five (25%) per cent of the development's cost of improvements as determined by the project engineer's estimate approved by the County Manager, or designee, or 3. an existing development has not been constructed with sidewalks or bike lanes and no future connectivity of one or more of these facilities is anticipated by the Comprehensive Pathways Plan or within the Plan's current five year work program. D. In lieu of construction of required sidewalksJ, aAG bike lanes and oathwavs, all developments approved or required to make payments-in-lieu must either: .1. Provide funds for the cost of sidewalksJ, aAG bike lanes and oathwavs construction prior to the release of the correspondinq develooment review for final subdivision plat. site improvement. or site develooment olan, except as stipulated within an approved zonina ordinance or resolution as set forth in the Schedule of Development of Review and Building Permit Fees adopted in the Collier County Administrative Code into a Pathway fund or identified CIP project; ..QI 2. Identify and commit to constructina a proiect with an eauivalent lenath of sidewalk in an area identified in the Needs Plan of the Comprehensive Pathway Plan and approved by the County Manaaer or desianee. The selected proiect must connect to an existinq sidewalk on at least one side and if the remainina side does not connect with an existina sidewalk. it must be connected to the edae of the existina pavement. The construction of the sidewalk must be completed prior to issuance of the first certificate of occupancv for construction authorized bY a final subdivision plat. site improvement. or site development plan, unless otherwise determined bv the County Manaaer or desianee. E. If payment-in-lieu is the recommendation bY the Countv Manaaer or desianee. S2uch funds will be used by the County for future construction of required sidewalksJ, aAG bike lanes and oathwavs, 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 sidewalksJ, aAG bike lanes and oathwavs. In that event, the development will continue to be obligated to payor construct the outstanding requirements until fully paid or constructed, except that partial payments previously made will fully vest that portion paid. Any future payments-in-Iieu will be applied to the developer's continuing obligation to construct sidewalksJ, aAG bike lanes and oathwavs under the current LDC specifications. Q.,. E SidewalkJ, ami Bike Lane. and Pathway Design & Construction/Materials. .L 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 (i.e., drive or accessways) may be constructed of a minimum of four inches of such concrete over a compacted subgrade. Expansion joints shall be one-half-inch preformed bituminous conforming to the latest edition of ASTM. Contraction joints shall be saw-cut joints with longitudinal Page 75 of 97 Words struel( tlmll:lgh are deleted, words underlined are added spacing equal to the width of the walk. The saw cut depth shall equal or exceed one-forth the concrete thickness. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction, sootion 522. Paver brick, sidewalks, or paver brick accents in sidewalks must be installed over a four inch thick, compacted limerock base, except as otherwise allowed above for sidewalks. .f.:. All bike lanes shall be designed and constructed in accordance with the most current "Florida Bicycle Facilities Oesign 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. 3. All pathwavs 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 pathwav construction: however, if the applicant can demonstrate that a lesser cross-section will meet the reauirements of the County. then upon the approval of the County Manaaer, or desionee. it may be permitted. Pathways may be constructed of the followinq types of materials: a. Concrete - All pathwavs 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 conformino to the latest edition of ASTM. Contraction ioints shall be saw-cut ioints with lonqitudinal spacina eaual to the width of the pathway. The saw cut depth shall eaual or exceed one-forth the concrete thickness. All workmanship materials. methods of placement. curinq, forms. foundation. finishina. etc. shall be in conformance to the latest edition of FOOT Standard Specifications for Road and Bridae Construction. b. Asphalt - All pathways constructed of asphalt shall contain a minimum of 12 inches stabilized subarade (LBR 40). 6 inches compacted lime rock base, & 1.5 inches Type S-1I1 asphaltic concrete. unless an alternate cross-section is otherwise determined to be acceptable by the County Manaaer. or desianee. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * 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 applioant aggrioved by aotion of tho EI\C may appoal to tho BZA. S3id 3ppoal sh311 bo in 3ooordanoe with tho prooodure and stand3rds of sootion 10.02.02 for appoal of writton interprotations. 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 Page 76 of 97 Words stmel, thr01:lgh are deleted, words underlined are added impact (ORI); 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 . * * * * * * * * * * * * * 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 ~ 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 ~ 6 t technical reaular members and throo ( 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. * * * * * * * * * * * * * SUBSECTION 3. MM. ADDITION OF SECTION 8.06.10 Appeal Page 77 of 97 Words struel( thrOl:lgA are deleted, words underlined are added 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 ADDeal. A. Anv person aoarieved bv the decision of the county manaaer or his desionee reaardina 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 manaoer or his desianee of the date. time and place that such appeal shall be heard: such notification will be aiven 21 davs prior to the hearino unless all parties waive this reauirement. The appeal will be heard bv the EAC within 60 davs of the submission of the appeal. No less then ten davs prior to the hearina the aoorieved person and staff shall submit to the EAC and to the countv manaaer or his desianee copies of the data and information they intend to use in the appeal. and will also simultaneously exchanoe such data and information with each other. Upon conclusion of the hearina the EAC will submit to the board of county commissioners its facts. findinos and recommendations. The board of county commissioners. in reoular session. will make the final decision to affirm. overrule or modify the decision of the county manaoer or his desianee in Iioht of the recommendations of the EAC. * * * * * * * * * * * * * 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: * * * * * * * * * * * * * 8.08.00 Code Enforcement Board * * * * * * * * * * * * * G. Civil penalties and remedies. * * * * * * * * * * * * * 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 desionee administrator that any action or work is occurring contrary to the provisions of this Code, and it constitutes a threat to life or to public or private property. When any condition(s) of the violation presents a serious threat to the health. safety and welfare of the public or constitutes irreparable or irreplaceable harm. such action or work shall immediately be stopped. The notice shall state the conditions under which the action or work may be resumed. Where any emergency exists, oral notice given by the county manaoer or desionee administrator shall be sufficient. a. If the owner of the subiect property. his aoent. or the person doino the work where such a violation has been committed or exists. fails to comply with the stop work order posted on the property. the county manaoer or desianee may issue a citation. which may result in the imposition of a fine up to and includino $500. or may initiate further administrative or iudicial enforcement proceedinos. In addition. the county manaaer or desionee mav impose administrative costs on the responsible owner. aoent. or person. Nothino set forth herein is intended to limit any existina leaal riaht or recourse that the alleoed violator may have to contest the stop work order. * * * * * * * * * * * * * Page 78 of 97 Words struck thfOl:lgA are deleted, words underlined are added 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 DrinciDal and accessory structures. may be approved administratively by the County Manager or designee.:. Exceptions to reauired yards as provided for within section 4.02.01.0 shall not be used in the calculations of existina yard encroachments. For the purposos of this subsection, minor yard encroachmont~ shall be divided into throo (3) clm;~ifications: ^. Stru&tures for '.'.'hich a Building pormit has boen issuod and is undor reviow, but for whioh a cortifioate of oocupancy has not been granted. The County Manager or designeo may administrativoly appro'.'e minor aftor the bct yard oncroachments of up to five (5) percent of the required yard , not to exceed a maximum of six (6) inches. For siAgle family , mabile/madular homes , duplex , and two f{]mily Eh.":eIliAQ units only, in the preGence of mitigating circumstanoe~, where the encroachment doe~ not re~ult from error or aotion on tho part of the applicant , the County Manager or do~ignee may admini~trati\'ely approve encroachments of up to twonty fi':e (25) peroent of the required yard. B. Struetures for whioh a building permit and certificate of oocupanoy or a final development order has been granted. The County Manager or de~ignee may administrati'.'ely approve minor after the faot yard encroaohment~ of up to ten (10) peroent of the required yard whioh requirement '.va~ in effeot as of the date on whioh the certificate of oooupancy or final de',elopmeAt order '.vas issued, not to exoeed a maximum of two (2) feet. For single family, mabile/modular heme, duplex , and tv.'O family dwelling uAits only, the County Managor or designee may admini~tratively approve minor after the bet yard enoroachmente; of up to twenty five (25) percent of the required yard 'Nhich requirement 'Nas in effect as of the date on '.vhich the oortificato of oocupancy or fiAal development order was issued. C. Single family, duplex and t\VO family d~J:elling units only for whioh no buildiAg permit record can be produoed. Provided th3t all of the following criteria are met, the County Manager or do~ignoe may admini~tratively approvo minor aftor tho faot encroaohmonte; of up to t'A'enty fivo (25) percont of the roquired yard ,providod that 1. The encroaching strueture, or portion of the structure, W3S oonstructed prior to the purchae;o of the ~ubject property by the current owner. 2. E'.'idonce is presonted ~holNing the encroaohing strueture, or portion of the strueture, v.'as oonstruoted at lease t'.\'o (2) ye3rs prior to the date of applioation for the administrative variance. Thie; ovidonco m3Y be in tho form of 3 survey, proporty c3rd, or datod aeri31 photograph ole3rly showing the encro3chment. 3. Tho oncro3ching strueture is either an addition of living are3 to 3 prineipal strueture, or 3n aGGessary strueture of at least 200 square feot in area. 2. The encroachmont prosents no safoty hazard and has no adverse affeot on tho public welfare. 3. An aftor tho fact building permit for the struGture, or portion of the stru&ture, is i~~uod prior to the 3pplioation for the administrative variance. The administrative varianoo will only be approved onoe all in~pections havo been oomploted, and tho certificate of occupancy will bo issued once tho admini~trative varianoe has been 3ppro'jed. Page 79 of 97 Words struck through are deleted, words underlined are added D. Under no oircumst::mcos shall any administrativo variance be appro'Jod which 'Nould allow a roduction of tho &opar3tion botwoen strustures to lo&s than ton (10) fast. /\dministr3tive variancos approvod pursuant to the abovo do not run with tho land in porpotuity and remain subject to the provisions of this soction rogarding non oonforming structuros. A. For both residential and non-residential structures the County Manaqer or desiQnee may administratively approve minor after-the-fact yard encroachments of UP to five (5) percent of the required yard, not to exceed a maximum of six (6) inches when: 1. A buildina permit has been issued and is under review. but for which a certificate of occupancv has not been aranted. 2. A buildina permit and certificate of occupancy or a final develoDment order has been qranted. B. For both residential and non-residential structures. the Countv Manaaer or desiQnee may administrativelv approve minor after-the-fact vard encroachments of UP to ten (10) percent of the required yard with a maximum of two (2) feet. 1. A building permit and certificate of occupancy or a final develoDment order has been qranted. 2. The encroachment applies to the yard requirement which was in effect as of the date on which the certificate or occupancy or final develoDment order was issued. C. For property supportina a sinale-familv home. two-family home. duplex. mobile home or modular home. the Countv Manaaer or desiqnee may administrative approve encroachments of UP to twentv-five (25) percent of the required yard in effect as of the date of the final develoDment order. 1. In the presence of mitiaatina circumstances. where the encroachment does not result from error or action on the part of the propertv owner. 2. Structures for which a final develoDment order has been issued. 3. When no building permit record can be produced the followinq criteria must be met: a. An after-the-fact building permit for the structure. or portion of the structure. is issued prior to the application for the administrative variance. The administrative variance will only be approved once all inspections have been completed. and the certificate of occupancy will be issued only in cases where an administrative variance has been approved. b. The encroachinq structure. or portion of the structure. was constructed prior to the purchase of the subiect property by 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 photoqraph clearly showina the encroachment. d. The encroachinq structure is either an addition of livinq area to a DrinciDal structure, or an accessory structure of at least 200 square feet in area. Page RO of 97 Words strl:lek throHgh are deleted, words underlined are added 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 zonina district under a previous code. and where said structure is considered nonconformina under the current Land Development Code. due to chanaes in the reauired yards. the County Manaaer or desianee may administratively approve a variance for an amount eaual to or less than the existina yard encroachment. D. Under no circumstances shall anv 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 perpetuitv and remain subiect to the provisions of this section reaardina nonconformina structures. * * * * * * * * * * * * 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 * * * * * * * * * * * * * 2. Applicability; environmental impact statement (EIS) required. Without first obtaining approval of an EIS, or aualifvina 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 ahangos in looation to proGervo aroaG 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 proviouG JW.QLEIS 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 Page 81 of97 Words simek through are deleted, words underlined are added * * * 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. * * * * * * * * * * * * 4. Information required for application. * * * * * * * * * * * * h. Other. i. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the marina Siting and other criteria in the Manatee Protection Plan. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. iii. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Oepartment of Environmental Protection. v. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. vi. Provide an analysis demonstratina that the oroiect will remain fully functional for its intended use after a six- inch rise in sea level as reauired by the Growth Manaaement Plan. * * * * * * * * * * * * 7. Exemptions. Page 82 of 97 Words struck thfl'll:lgh are deleted, words underlined are added 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 (exceotions) or 4.02.14.1. (exemotions). of this Code. b. Single-family or duplex uses. l'.lso, c:inglo family or Eluplex use on a single lot or parcel. c. Agricultural uses. Agricultural uses Aaricultural uses. Aaricultural 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 olan or proposed development plan. This exemotion does not aoolv to lands that include any of the followina zonina. overlavs or critical Page 83 of 97 Words stmcl( throl:lgh are deleted, words underlined are added habitats: Conservation (CON). Special Treatment (ST), Area of Critical State Concern (ACSC). Natural Resource Protection Areas (NRPA's), Rural Frinqe Mixed Use (RFMU) Sendinq Lands. Xeric Scrub. Oune and Strand. Hardwood Hammocks. or anv land occupied bY listed species or defined bY an appropriate State or Federal aqency to be critical foraqinq habitat for listed species. * * * * * * * * * * * * * G. Transportation impact statements. 1. Purpose. a. The purpose of this section is to outline the minimum requirements for the review of and requirements for the submittal of a transportation impact statement which is required to be submitted as part of a development order application. Transportation impact statements will: i. Complv with the existinq Transportation Impact Statement (TIS) quidelines and procedures in resolution 2003-410 as mav be amended from time to time. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * B. Final Site development plan procedure and requirements. A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant.:, 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: a. Ownership: A copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The applicant shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the owner(s). b. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. * * * * * * * * * * * * * ii. The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose. (a) A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. Page 84 of 97 Words struck throl:lgh are deleted, words underlined are added * * * * (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 PUO ordinance: * * * * * * * * * (f) For projects subject to the provisions of Section 5.05.08, architectural drawings, signed and sealed by a licensed architect, registered in the state of Florida. (vi) (vH) (viii) (i*viii) (ix) (X1) (xi1) Page 85 of 97 (i) (ii) 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 aE> roquirod Soction 5.05.08. Reprosentations made on tho sito dO'lelopmont pl3n shall bocomo conditionE> of approval. building planE> and architectural dm'::ings submitted in conjunction with ::m 3pplio3tion for 3ny building pormits Ghall be consistent with tho building plane; and architootural dmwinge; submittod and 3pprovod for the 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 Manaaement District Environmental Resource Permit or General Permit number. Stormwater manaaement control structure(s) location (referenced to State Plane Coordinates. Florida East Zone. North American Oatum 1983 (NAO '83), latest adiustment). Stormwater manaaement control elevation(s) and overflow elevation(s) (referenced to the North American Vertical Oatum. 1988 (NA VD '88), latest adiustment). and NGVO. (iii) fN) Ov) Words struel( throl:lgh are deleted, words underlined are added * * * (xii+) 25-yearl 3-dav desian discharae at control structurels). * * * * * * * * * * * * 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: * * * * * * * * * * * * vii. Improvements for water management purposes as needed or as may have been specified during the preliminary site development plan review, prepared in conformance with section the Collier County Construction Standards Manual subdivision design requirements (for purposes of this requirement, all references in section the Collier County Construction Standards Manual to "subdivision "should be read to mean development, where applicable and appropriate), and pursuant to South Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E-41 , Florida Administrative Code. viii. All necessary standard and special details associated with paragraphs (iii)--(vi) above. ix. Written technical specifications for all infrastructure improvements to be performed. x. Engineering design computations and reports for water, sewer, roads and water management facilities, as required by federal, state and local laws and regulations. xi. Topographical map of the property which shall include the following: a) Existing features, such as, watercourses, drainage ditches, lakes, marshes. b) Existing contours or representative ground elevations at spot locations and a minimum of 50 feet beyond the property line. c) Benchmark locations and elevations (to both NGVD and NAVD). * * * * * * * * * * * * 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, Of: follows. 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 months 2 years of the pre- construction conference, ~ which will be considered the date of commencement of construction. A single six month one-year extension to complete construction may be granted for good Page 86 of 97 Words struek tlmll:lgh are deleted, words underlined are added 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. * * * * * * * * * * * * * 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. * * * * * * * * * * * * * 2. Preliminary subdivision plat requirements. . . . . . * * * * * * * * * * * * * n. Ground elevations based on both tAe NA VD and NGVO shall be shown. The information may be shown referenced to one datum with a note on the cover sheet listinQ a site-specific equation for determinino the arades 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. * * * * * * * * * * * * * B. Final plat requirements. * * * * * * * * * * * * * 4. Final subdivision plat submission requirements. * * * * * * * * * * * * * xii. All final plats presented for approval shall clearly indicate the finished elevation above NGVD of the roads, the average finished elevation above NGVD of the lots or homesites, and the minimum base flood elevation above NGVD as required. All arades must be shown in both NAVO and NGVD. The information may be shown referenced to one datum with a note on the cover sheet listina a site-specific equation for determinina the arades in the other datum. * * * * * * * * * * * * * 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 * * * * * * * * * * * * E. Improvement plan requirements. * * * * * * * * * * * * 2. Improvement plans submission requirements. The improvement plans shall be prepared on 24-inch by 36-inch sheets and well as being Page 87 of 97 Words stfl:lelc throl:lgh are deleted, words underlined are added digitally created on one or more CDROM disks. All data shall be delivered in the North American Oatum 1983/1990 (NA083/90) 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 61 G 17 of the Florida Administrative Code. Files shall be in a Oigital Exchange File (OXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.) * * * * * * * * * * * * * h. Benchmark, based on NOAA datum (both NA VO and NGVD). * * * * * * * * * * * * * 3. Required improvements. . . . * * * * * * * * * * * * * 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 feot NGVD 'Nhon comploted, or to such minimum elevations above the established NGVO NA VO 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. * * * * * * * * * * * * * 4. Design requirements for Water Management. a. Plans and specifications. As a precondition for approval of improvement plans, the developer shall deliver to the County Manager or his designee complete plans and specifications in report form prepared by a registered professional engineer licensed to practice in the State of Florida, which shall include, but may not be limited to, the following: i. A topographic map of the land development related to both NA VO 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 listina a site-specific equation for determinina the arades in the other datum. * * * * * * * * * * * * 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 * * * * * * * * * * * * * C. Certificate of public facility adequacy. Page 88 of 97 Words strnck throl:lgh are deleted, words underlined are added * * * * 1. General. * * * * * * * * * * * b. Annual Traffic/PUD Monitoring Report. After February 6, 2003, the effective date of this section's amendment, all PUOs which are less than 00 100 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 PUO'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 10.02.13.F., and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. Traffic/PUD Monitoring Reports which are more than ninety (90) days past due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report. The countv manaQer or desiQnee mav waive the traffic counts for the annual monitorina oeriod for the entire PUD or oortions of the PUO when the remainina un-built aooroved densitv or intensitv oroduces less than 25 PM oeak trios. The PUD owner(s) "the Oevelooer. Home Owners Association. Master Association or similar entity" may oetition the Board of County Commissioners to relinquish the development riahts to any un-built units and declare themselves "built-out" in order to satisfv all reoortina requirements. The aoolicant for a waiver or determination of "built-out" status shall be resoonsible for any documentation required in order to verify the status of the PUO. The traffic reoortina requirements are the resoonsibilitv of the entity that retains the remainina development riahts to any un- built units or intensitv. * * * * * * * * * * * 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 aooroved electronic format that an application for a final local development order has been approved and a certificate issued, or orior to exoiration of the temoorarv. one-year caoacity reservation oreviously secured bv the aoolicant uoon the County's acceotance of the TIS oursuant to section 10.02.07 C.4.f.. orovided said caoacitv reservation has more than 90 davs remainina. 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 d::lYG the timeline set forth above and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Transportation impact fees for residential development will be estimated using the fee based on the mid-range housing size, unless the residential use qualifies as affordable housing. Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time of a certificate of public facility adequacy application. Additionally, previously vested developments may, pursuant to section 10.02.07 C.1. elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees. Payment of these fees vests Page R9 of 97 Words struck threugh are deleted, words underlined are added * * 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. * * * * * * * * * * * * 4. Procedure for review of application. * * * * * * * * * * * * c. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the Community Development Development and Environmental Services Oivision for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for processing no later than the next business day. After receipt of the application for certificate of public facility adequacy, the Community De\"elepment :md Environmont:ll Sorvioos Division Adminic:tr:ltor. County Manaoer. or desionee. and Transportation Services Oivision 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'Jelopment and Environmontal Sorvioos DiviE;ion Administrator County Manaoer. or desionee. and Transportation Services Division Administrator. or desionee. shall take no further action on the application unless the . deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. 'Nithin 20 businoEG d:lYG a After any application for a certificate.. except for road facilities.. is received and tRe :lpplic:ltion is determined to be complete, the Community De'lelopmeAt and Environmontal Sorvioes OiviE;ion Administrator County Manaoer. or desionee. shall review and grant. or deny each public facility component except for roads in the application pursuant to the standards established in section 10.02.07 C.5. of this Code. The Transportation Services Oivision Administrator. or desionee. shall review the related traffic impact statement and. if there are no outstandino transportation-related issues associated with the applicable development order application. grant, or deny a one-year traffic capacity reservation for roads within 20 businoss dayc: pursuant to subsection 10.02.07 C.4.f. within the then effective submittal review time frame set forth by the County Manaoer. or desionee. :lftor tho :lpplic:ltion is detormined to bo completo At the Transportation Services Division Administrator's or desionee's discretion. based upon their professional iudoment. orantino of said traffic capacity reservation may be withheld beyond the aforementioned time frame as lono as there are outstandino transportation-related issues associated with the applicable development order application until after receipt and review of re-submittal(s) that remedy all of said outstandino transportation-related issues. If the Transportation Services Oivision Administrator. or desionee. determines that the applicable development order application can be approved with stipulations related to outstandino transportation-related issues. they shall orant the said one-vear traffic capacity reservation for roads within the aforementioned submittal review time frame. or at the earliest opportunity Page 90 of 97 Words strl:lel( throHgh are deleted, words underlined are added thereafter. The traffic capacity reservation will be aranted durina. and as part of. the applicable develooment order review and decision makina procedures set forth in this chapter, subject to a final concurrencv determination. issuance of a COA and tRe approval of the final development order. * * * * * * * * * * * * * 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 PUO shall be in the form of a PUO master plan of development and a p.y.g dooumont alona with a list of permitted and accessory uses and a develooment standards table. The PUO application shall also include a list of developer commitments and anv proposed deviations from the Land Development Code. The PUO 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. PUO master plan. The PUO master plan shall... (No change) 2. PUD dooumont application. The applicant shall submit data supporting and describing the applioation petition for rezoning to PUD in the form of a PUD document application that includes a develooment standards table. developer commitments and a list of deviations from the LOC. The p.y.g documont develooment standards table. developer commitments and the list of deviations from the LOC 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 Gorvices zonina and land development review department director. The PUD dooumont application shall contain the following information unless determined by the director to be unnecessary to describe the development strategy: a. Titlo pogo to inoludo R-Name of project; b. Indox/table of contonts; €I Q. List of exhibits which are proposed to be included in the ordinance of adoption; a ,g. 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 g. Property ownership and general description of site (including statement of unified ownership); ~ f. Oescription or narrative of project development; R g. Boundary survey (no more than six months old) and legal description; Page 91 of97 Words struel( throl:lgh are deleted, words underlined are added + h. Proposed and permitted land uses within each tract or increment which shall be incorporated into the ordinance of adoption; t 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; k 1. The proposed timing for location of, and sequence of phasing or incremental development within the PUD; t .!s. 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; -A 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; ~ 12. A plan for the provision of all needed utilities to serve the PUO; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; f g. Traffic impact analysis; s [. Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities; t 2. Development commitments for all infrastructure and related matters; ~ t. When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the planning servioel> zonina and land development review department director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate; v y. 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 PUO dooument application by Page 92 of 97 Words stmek tnfOl:lgh are deleted, words underlined are added citing the specific section number of the regulation and indicating the proposed modification to such regulation. The list of deviations shall be incorporated into the ordinance of adoption. 3. Deviations from master plan elements. The planning sorvioos 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 PUO submittal and provided the board of county commissioners. B. Procedures for planned unit development zoning. Petitions for rezoning to PUO 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 sorvico€: zonina 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 PUO. This preapplication conference should address, but not be limited to, such matters as: * * * * * * * * * * * * * 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 PUO rezone application, PUO master plan of development and PUO dooumont 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 PUO; 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 documont 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 PUO. Thenceforth, the development in the area delineated as the PUO district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUO district, except that approval and adoption of a PUO 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. * * * * * * * * * * * * O. 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 Page 93 of 97 Words stfl:lel( throl:lgh are deleted, words underlined are added * * whether or not the project has commenced in earnest in accordance with the following criteria: * * * * * * * * * * * * 2. For PUDs approved on or after October 24, 2001, but orior to [the date of adoption ordinance] the land owner shall: * * * * * * * * * * * * 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 PUOs the build out vear as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference vear for the approved density and intensity. Two years after the build out vear as defined on the approved TIS submitted with the application and on the anniversarv date of the adopted PUO any remainino densitv or intensitv that has not been approved bv the appropriate site development plan or plat and received a certificate of public adequacy (COA) shall be considered expired and void of anv remainina development riahts. In the event that action or in-action bv the County or any reoulatory aoencv or leqal action prevents the approval of a development order. the duration of the suspension of the approval shall not be counted towards the expiration provision above. continqent that the applicant has been diliaentlv pursuina a local development order or permit throuah any of the required reaulatory aaencies. The countv manaaer or desianee must be notified in writina of the circumstances of the delav with the appropriate documentation. b. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference year for the approved density and intensity. On the build out year as defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remainina density and intensity shall be considered expired if all of the lands within the PUO boundary have received approval throuah site development plans or plats and received a certificate of public adequacv (COAL For non residential portions of a PUO. section (a) above allows for two additional years to amend the site development plan(s) in order to applv for development orders for any remaininq intensity within non residential sections of the PUO. ~ 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 Q. 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: * * * * * * * * * * * e 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 Page 94 of 97 Words stmel( through are deleted, words underlined are added information that may be provided, the board of county commissioners shall elect one of the following: * * * * * * * * * * * i Z. PUD time limit extensions. Extensions of the time limits for a PUO may be approved by the board of county commissioners. An approved PUO may be extended as follows: * * * * * * * * * * * + ~. Retention of existing PUD status. Once a PUO has sunsetted the land shall retain its existing PUD zoning status, however applications for additional development orders shall not be processed until one of the following occurs: * * * * * * * * * * * * * F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or Ri& designee. * * * * * * * * * * * * * 4. County will be oiven at least 6 month's prior written notice to a chanoe in ownership. to a communitv association. includina but not limited to transfer of all or part of the development to a Home Owners Association. Propertv Owners Association. Master Association or similar entitv. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing that annual monitoring report. 5. A release of a PUO commitment determined to be no lonaer necessary shall be brouoht as an aoenda item to the Board of County Commissioners for their approval. * * * * * * * * * * * * * SUBSECTION 3. W. 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. * * * * * * * * * * * * * 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. Page 95 of 97 Words strnek throl:lgh are deleted, words underlined are added 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 davs 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 8.9. A Collier County staff planner, or designee, must also attend the neighborhood informational meeting; however, the applicant is required to make the presentation on the development plan of the subject property. * * * * * * * * * * * * * 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 Development 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. DO. of this ordinance shall become effective 270 days after the effective date of this ordinance. Page 96 of 97 Words struek through are deleted, words underlined are added PASSED AND DULY AOOPTEO by the Board of County Commissioners of Collier County, Florida, this 14th day of December, 2006. ATTEST: DWIGHT 1;:.. ,BROOKti CLERK ",' . . .... 00;, 1 "~I' .... ".<',. BOARO OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIOA . . :Ua~/c1 Ac ... ~", ' ;,\ :. '.)- ,.' . <'/-...- : " :\..,;..!;" ~;....:;..' . .l~lly Clerk 'l~'i..:ri' o.l!l! ,,"(.j':$ ~~ FRANK HALAS, CHAIRMAN By: Approved as to form and legal ufficiency: i /: ___ ,/ , :j Page 97 of 97 This ordinance fiied with the Secretary of State's Office the ~dayoft)eC ,~ and ackno:,ledge~"ent ~~thot filing received this ~ day of '1~ Ii. ~ fJ)A..(bL D",puIY CierI< Words struel( throl:lgh are deleted, words underlined are added 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 02COUI;t(f.:,~,bm~. ',ftd:~tsioners i" ,',~\P\,..'1".'a.d!k - By.::1'eresa Dlll~rd, Deputy C:r-,erk " ~ . ~. . f