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Backup Documents 03/26/2024 Item #17E 41 7E Jennifer Hansen From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Monday, January 29, 2024 10:03 AM To: Minutes and Records Cr Marissa Fewell;JohnsonEric; RodriguezWanda; BradleyNancy;GMDZoningDivisionAds Subject: 2/27/24 BCC- Ad Request for Flood Damage Prevention Updates (LDCA) &2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 &PL20220005067) Attachments: Ad Request- signed.pdf;Ad Request.docx; 2x3 Collier County map.pdf;Ordinance LDC Flood-Scriver 1-18-23.pdf Good morning, M&R, Attached is the Ad Request for PL20230014143& PL20220005067 for the February 27, 2024, BCC hearing that needs to run on February 7. Please let me know if you have any questions.Thank you! Respectfully, Ailyn Padron Management Analyst I COI Per County Growth Management Community Development Department 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by telephone or in writing. 1 1 7E COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a '.page advertisement,and the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning Person: Eric Johnson, Planning Manager&Marissa Fewell, Planner III Date:January 24,2024 Petition No.(If none,give a brief description).PL20230014143&PL20220005067 Petitioner:(Name&Address)• Planning&Zoning-Eric Johnson&Marissa Fewell 2800 North Horseshoe Drive Naples,FL 34104 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date Collier County Board of County Commissioners(BCC)at 9:00 A.M.,February 27,2024 (Based on advertisement appearing 20 days before hearing.) Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500226652 Proposed text:(include legal description&common locations&size): Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date. Does Petition Fee include advertising cost? x Yes No. If yes.what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By. Date: //Z,6/ZO?�' Division Ad is rator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA. Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OF Date Received ' t r2 4 Date of Public Hearing c.3Io ,7-`4 Date Advertised ) 1 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M.on February 27,2024,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: 1 7 E AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,TO CLARIFY THE REGULATIONS PERTAINING TO MOBILE HOMES LOCATED IN THE COASTAL HIGH HAZARD AREA,TO REMOVE DUPLICATIVE FLOODPLAIN PROTECTION REGULATIONS THAT ARE CODIFIED IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES OR WITH THE FLORIDA BUILDING CODE, AND TO UPDATE CITATIONS AND CORRECT SCRIVENER'S ERRORS,BY PROVIDING FOR: SECTION ONE,RECITALS;SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTIONS OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.02.02 DISTRICT NOMENCLATURE, SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, AND SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.02.01 FINDINGS OF FACT, SECTION 3.02.02 PURPOSE, SECTION 3.02.03 APPLICABILITY, SECTION 3.02.04 EXEMPTIONS, SECTION 3.02.05 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SECTION 3.02.06 GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION,SECTION 3.02.07 SPECIFIC STANDARDS FOR CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS, SECTION 3.02.08 REGULATIONS WITHIN THE FLOODWAYS, SECTION 3.02.09 REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES, AND SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, SECTION 3.05.07 PRESERVATION STANDARDS, AND SECTION 3.07.02 INTERIM WATERSHED REGULATIONS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.11 DESIGN STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA, SECTION 4.03.03 SUBDIVISION EXEMPTIONS, AND SECTION 4.06.04 TREES AND VEGETATION PROTECTION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.15 CONVERSIONS OF GOLF COURSES; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.04.05 SPECIFIC REQUIREMENTS FOR VARIANCES TO FLOOD HAZARD PROTECTION REQUIREMENTS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.04 REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO 1 7 E THE OFFICIAL ZONING ATLAS, AND SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW; AND APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; SECTION FOUR,CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,EFFECTIVE DATE. [PL20230014143 AND PL20220005067] (insert map) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. AU persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person,during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfi.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Deputy Clerk(SEAL) 17E 4.0 OTi V v. O ti O V qii I Est 1.-41 J 41<Z MQxCO Gv2f of 1 7 E DRAFT 1/18/24 ORDINANCE NO. 2024- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CLARIFY THE REGULATIONS PERTAINING TO MOBILE HOMES LOCATED IN THE COASTAL HIGH HAZARD AREA, TO REMOVE DUPLICATIVE FLOODPLAIN PROTECTION REGULATIONS THAT ARE CODIFIED IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES OR WITH THE FLORIDA BUILDING CODE, AND TO UPDATE CITATIONS AND CORRECT SCRIVENER'S ERRORS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTIONS OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.02.02 DISTRICT NOMENCLATURE, SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, AND SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.02.01 FINDINGS OF FACT, SECTION 3.02.02 PURPOSE, SECTION 3.02.03 APPLICABILITY, SECTION 3.02.04 EXEMPTIONS, SECTION 3.02.05 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SECTION 3.02.06 GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION, SECTION 3.02.07 SPECIFIC STANDARDS FOR CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS, SECTION 3.02.08 REGULATIONS WITHIN THE FLOODWAYS, SECTION 3.02.09 REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES, AND SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, SECTION 3.05.07 PRESERVATION STANDARDS, AND SECTION 3.07.02 INTERIM WATERSHED REGULATIONS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.11 DESIGN STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA, SECTION 4.03.03 SUBDIVISION EXEMPTIONS, AND SECTION 4.06.04 TREES AND VEGETATION PROTECTION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.15 CONVERSIONS OF GOLF COURSES; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.04.05 SPECIFIC REQUIREMENTS FOR VARIANCES TO Page 1 of 34 Words struckstruel,tlifou0 are deleted,words underlined are added 1 7 E DRAFT 1/18/24 FLOOD HAZARD PROTECTION REQUIREMENTS; CHAPTER TEN —APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.04 REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, AND SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW; AND APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20230014143 AND PL20220005067] 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, on March 18. 1997. the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC: and WHEREAS. all requirements of Resolution 97-177 have been met; and WHEREAS. the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on December 7. 2023 for PL20220005067 and January 4. 2024 for PL20230014143. and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval: and WHEREAS, the Board of County Commissioners, in a manner prescribed by law. did hold an advertised public hearing on . 2024, 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 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 Community Planning Act (F.S. § 163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and Page 2 of 34 Words str+.+Fi-titfe-ugh are deleted,words underlined are added DRAFT 1/18/24 WHEREAS. this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII. § 1(g): and WHEREAS. all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County. Florida. that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County. Florida, hereby makes the following findings of fact: 1. Collier County. pursuant to § 163.3161. et seq.. F.S.. the Florida Community Planning 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§ 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201. F.S., 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). F.S.. 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). F.S., 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§ 163.3161 et seq.. F.S. Page 3 of 34 Words struckthrough are deleted,words underlined are added 1 7 ,E DRAFT 1/18/24 7. Section 163.3194(1)(a), F.S.. 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 shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses. densities or intensities, 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. 9. Section 163.3194(3)(b). F.S., states 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 Development Code, which became effective on November 13. 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land. water and resources consistent with the public interest: to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve. promote. protect and improve the public health, safety, comfort, good order. appearance, convenience and general welfare of Collier County: to prevent the overcrowding of land and avoid the undue concentration of population: to facilitate the adequate and efficient provision of transportation. water. sewerage. schools, parks. recreational facilities, housing and other requirements and services: to conserve, develop. utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental. social and economic resources: and to maintain through orderly growth and development.the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development 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. Page 4 of 34 Words:;tru gh are deleted,words underlined are added 17E DRAFT 1/18/24 SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 —ABBREVIATIONS Section 1.08.01. Abbreviations, of Ordinance 04-41, as amended. the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.01 Abbreviations C-1 Gemmercial-Districts Commercial Professional and General Office District * * * * * * FIRS Florida Interstate Highway System P1RM €� [FISH Florida Inventory of School Houses _ RN-G VR Village Residential Zoning Districts * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02— DEFINITIONS 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 • Page 5of+4 Words rough arc deleted,words underlined are added 1 7 ,E DRAFT 1/18/24 Base * * * * * * Coastal high hazard areas. The evacuation zone for a Category 1 hurricane as may be established in the regional hurricane evacuation study applicable to the local government. For floodplain management purposes. the term is defined in Chapter 62 of the Collier County Code of Laws and Ordinances. * * * * Family care facility. A residential facility designed to be occupied by not more than 6 persons under care, plus staff as required by rule 59A-36.010, F.A.C., and constituting a single dwelling unit (i.e., adult congregate living facility for: aged persons. developmentally disabled persons; physically disabled or handicapped persons: mentally ill persons; and persons recovering from alcohol and/or drug abuse). Foster care facilities are also included, but not the uses listed under group care facility (category II). This use shall be applicable to single-family dwelling units and mobile homes. * * * * * * Flood-plain: Area inundated during a 100-year flood event or identified by the National Flood Insurance Program as a special flood hazard area an A Zone or V Zone on Flood Insurance Rate Maps . (see definition of"flood"). * * * * * * * Guesthouse: An accessory dwelling structure which is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their Page 6 of 34 Words stclk-through are deleted,words underlined are added 1 7E DRAFT 1/18/24 temporary guests or their domestic employees and which may contain kitchen facilities. Guesthouses are not permitted in development that is receiving an AHDB. See LDC sections 4.01.02. 5.03.03 and 2.05.021 for additional information. * * * * * Substantial imprevemont: Any reconstruction. rehabilitation. addition, or other * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.02.02— DISTRICT NOMENCLATURE Section 2.02.02. District Nomenclature. of Ordinance 04-41. as amended.the Collier County Land Development Code. is hereby amended to read as follows: Section 2.02.02 District Nomenclature * * * * * * D. Where the phrases "industrial districts." "zoned industrially," "industrially zoned," "industrial zoning." or phraseology of similar intent. are used in this LDC.the phrases shall be construed to include: I, BP. and industrial components in PUDs. SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.01 —AGRICULTURAL DISTRICTS Section 2.03.01, Agricultural Districts. of Ordinance 04-41. as amended. the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 —Agricultural Districts * * * * * 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 estates land use designation on the future land use map of the Collier County GMP. although, in limited instances. it may occur outside of the Page 7 of 34 Words ' eh are deleted,words underlined are added 1 7 E DRAFT 1/18/24 estates land use designation. 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 as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district(E). * * * * * c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision. the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * 5. Group care facilities (category I); care units, subject to the provisions of LDC subsection 2.03.01 B.3.f1.c.6.; nursing homes; assisted living facilities pursuant to § '129.102 429.02 F.S. and ch. 59A-36 F.A.C.: and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.02 — RESIDENTIAL ZONING DISTRICTS Section 2.03.02. Residential Zoning Districts, of Ordinance 04-41, as amended.the Collier County Land Development Code. is hereby amended to read as follows: 2.03.02—Residential Zoning Districts A. Residential Single-Family Districts (RSF-1: RSF-2: RSF-3; RSF-4: RSF-5: RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage. parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational. religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single- family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided. in part. by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed Page 8of 4 Words struckouth are deleted,words underlined are added 1 7j DRAFT 1/18/24 the density permissible under the density rating system. except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). c. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF). subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * 7. Group care facilities(category I): care units subject to the provisions of LDC subsection 2.03.02 3I4A.1.c.8.: nursing homes; assisted living facilities pursuant to§429.02 F.S. and ch. 59A-36 F.A.C.: and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.03 — COMMERCIAL ZONING DISTRICTS Section 2.03.03. Commercial Zoning Districts. of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: Section 2.03.03 Commercial Zoning Districts B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore. the uses should allow for goods and services that households require on a daily basis. as opposed to those goods and services that households seek for the most favorable economic price and. therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural: estates neighborhood center district of the Golden Gate Master Plan, the neighborhood center district of the Immokalee Master Plan: and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives. and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided. in part. by the density rating system contained in the future land use element of the Collier County GMP. The maximum density Page 9 of 34 Words s through are deleted,words underlined are added 17E DRAFT 1/18/24 permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses. as identified with a number from the Standard Industrial Classification Manual (1987). or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2). subject to the standards and procedures established in LDC section 10.08.00. * * * * 8. Personal services. miscellaneous (7299 - not listed as principle principal uses and limited to babysitting bureaus; birth certificate agencies: car title and tag services: computer photography or portraits: dating service; diet workshops; dress suit rental; tux rental: genealogical investigation service: hair removal: shopping service for individuals only: wardrobe service. except theatrical: wedding chapels, privately operated) with 1,800 square feet or less of gross floor area in the principal structure. * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals. objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided. in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses. as identified with a number from the Standard Industrial Classification Manual (1987). or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). Page I O of 34 Words M'.,,�are deleted,words underlined are added ill yiE DRAFT 1/18/24 a. Permitted uses. * * * * 42. Group care facilities (category I and II, except for homeless shelters): care units. except for homeless shelters: nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 589A 36 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.: all subject to LDC section 5.05.04. F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). * * * * * * * 2. The following uses are permissible by right. or as accessory or conditional uses within the travel trailer-recreational vehicle campground district (TTRVC). * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the travel trailer recreational vehicle campground district (TTRVC). subject to the standards and procedures established in LDC section 10.08.00: 1. Camping cabins subject to the following standards: * * * * * * * * * * x. If camping cabins are to be located in a flood hazard zone as delineated on the most recent flood insurance rate maps, all requirements of Chapter 62 of the Code of Laws and Ordinances and Florida Building Code 3:02-.00 of this LDC must be met. 3. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to the County Manager or designee and construction shall be in accordance with approved plans and specifications and further subject to the provisions of site development plans in section 10.02.03. Such plans shall meet the requirements of this district and shall show, at a minimum, those items identified herein. * * * * * * * * * * * * * 10. Flood program requirements. All travel trailers, park model travel trailers, recreational vehicles and accessory structures shall comply with the current Collier County Flood Damage Prevention Ordinance [Code ch. 62, art. II] i€permanegtly Page I I of 34 Words struckugh are deleted,words underlined are added 7E , DRAFT 1/18/24 * * * * * y * 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 • * F. Golden Gate Parkway Overlay District (GGPOD) * * * * * 2. Applicability. * * * * b. Property owners within the GGPOD may establish uses, densities, and intensities in accordance with the underlying zoning classification of the GGPOD. The design standards of the GGPOD pursuant to LDC section 4.02.06-26 shall apply. * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * 6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991. were deemed to be nonconforming as a result of inconsistencies with the land development code, and are located within the lmmokalee Urban Boundary as depicted on the Immokalee Area Master Plan. * * * * * * * d. Density. Once the existing conditions site improvement plan is approved, owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit. so long as the minimum separation standards established in LDC section 2.03.067 G.6.c.i are met. * * * * * * Page 12 of 34 Words str++ckt ri are deleted,words underlined are added 1 7E DRAFT 1/18/24 Bayshore Zoning Overlay District (BZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BZO" on the applicable official Collier County Zoning Atlas Map or map series. * 3. Relationship to the Underlying Zoning Classification and the GMP. a. The purpose of the BZO is to fulfill the goals. objectives and policies of the GMP. as may be amended. Specifically. the BZO implements the provisions of section V.FG.. Bayshore Gateway Triangle Redevelopment Overlay. of the FLUE. Portions of the BZO coincide with Mixed Use Activity Center #16 designated in the FLUE. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in LDC section 4.02.16. N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan. a. The purpose of the GTZO is to fulfill the goals. objectives and policies of the GMP. as may be amended. Specifically. the GTZO implements the provisions of section V.FG.. Bayshore Gateway Triangle Redevelopment Overlay. of the Future Land Use Element. Portions of the GTZO that coincide with Mixed Use Activity Center#16 as designated in the FLUE of the GMP. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in LDC section 4.02.16. * * * * * * * 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. * * * * * * * b. Use Categories and Table of Uses. * * * * * * * iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts Page 13 of 34 Words stri-t; li are deleted,words underlined are added 1 7E DRAFT 1/18/24 USE TYPE ' GTZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE a) RESIDENTIAL * * * * * * 7) Guesthouse A A 5 04 5.03.03 and 4.02.16 C.2. * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 2.03.08 — RURAL FRINGE ZONING DISTRICTS Section 2.03.08, Rural Fringe Zoning Districts. of Ordinance 04-41. as amended, the Collier County Land Development Code. is hereby amended to read as follows: 2.03.08— Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District). 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data. RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands. thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process: clustered development: density bonus incentives: and provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. * * * * * * * b. Rural villages. Rural villages. including rural villages within the NBMO. may be approved within the boundaries of RFMU receiving lands, subject to the following: * Page 14 of 34 Words store-Ir-t#r-ough are deleted,words underlined are added 1 7E DRAFT 1118/24 (1) Allowable Uses: * * * * * * (c) All permitted and accessory uses listed in the C-4 General Commercial District. section 2.03.023 (ED), subject to the design guidelines and development standards set forth in this Section. B. Natural resource protection area overlay district (NRPA). 1. Purpose and intent. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large. connected. intact. and relatively unfragmented habitats, which may be important for these listed species: and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County. or private acquisition efforts. Accordingly, allowable land uses. vegetation preservation standards, development standards. and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. a. NRPA overlay areas. NRPAs are located in the following areas: * * * (5) South Golden Gate Estates. The NRPA lands within the Rural Fringe Mixed Use District to which the Section 2.03.08 C.B. regulations apply (i.e. - numbers 3 and 4 above) are depicted by the following map: * * * * * * b. NRPAS designated as RFMU sending lands within the RFMU district. NRPAs located in the RFMU district are identified as RFMU sending lands and are further subject to the provisions, conditions and standards set forth in section 2.03.08(A)(4). Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands to other identified "receiving" lands pursuant to cth the_specific provisions set forth in section 2.01.03 of this Code. * * * * * * * Page 15 of 34 Words stru ',r h are deleted,words underlined are added 1 7 E , DRAFT 1/18/24 SUBSECTION 3.1. AMENDMENTS TO SECTION 3.02.01 —FINDINGS OF FACT Section 3.02.01, Findings of Fact, of Ordinance 04-41. as amended, the Collier County Land Development Code, is hereby amended to read as follows. 3.02.01 Reserved -Findings-of-Fast A. and- • SUBSECTION 3.J. AMENDMENTS TO SECTION 3.02.02— PURPOSE Section 3.02.02, Purpose. of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: 3.02.02 Reserved Pose idesigReel A. To protect human life and health: centre!-projects C. To minimize the Reed for fescue and relief efforts associated with flooding and generally D. To minimize prolonged business interruptions: E. To minimize damage to public facilities and utilities, such as water and gas mains, electric, F. To help maintain a stable tax-base by pray-4ing for the sound ace and development of • H. for their actions. Page 16 of 34 Words s-tfueli-thfough are deleted,words underlined are added 17E DRAFT 1/18/24 SUBSECTION 3.K. AMENDMENTS TO SECTION 3.02.03—APPLICABILITY Section 3.02.03. Applicability. of Ordinance 04-41. as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.03 Reserved Applicability area of tho rate-map SUBSECTION 3.L. AMENDMENTS TO SECTION 3.02.04—EXEMPTIONS Section 3.02.04, Exemptions. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 3.02.04 Reserved Exemptions SUBSECTION 3.M. AMENDMENTS TO SECTION 3.02.05 — BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD Section 3.02.05. Basis for Establishing the Areas of Special Flood Hazard, of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 3.02.05 Reserved Basis for Establishing the Areas of Special Flood Hazard SUBSECTION 3.N. AMENDMENTS TO SECTION 3.02.06 — GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION Section 3.02.06, General Standards for Flood Hazard Reduction, of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: 3.02.06 Reserved Page 17 of 34 Words str•k h are deleted,words underlined are added 17E DRAFT 1/18/24 B. the A Zones may be built on sYst ).. D. Non residential Constr-ustion +4ew construction and substantial improvements of non the-enti:y-and exit of J --- #�. above the base flood elevation level. and all fuel tanks for said generators must be Page 18 of 34 Words 4Fueli-thr-euh are deleted,words underlined are added 1 7E DRAFT 1/18/24 pad- ►ounted thereof. to the center of the meter shall be four (4) to six (6) feet. The meter SUBSECTION 3.0. AMENDMENTS TO SECTION 3.02.07 — SPECIFIC STANDARDS FOR CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS Section 3.02.07. Specific Standards for Construction Within Coastal High Hazard Areas, of Ordinance 04-41, as amended. the Collier County Land Development Code. is hereby amended to read as follows: 3.02.07 Reserved A. Coastal high hazard areas within the areas of special flood hazard have special flood shall certify that the design and methods of construction to be used are in faragr- . area shall have the space below the lowest floor either free of obstruction or - sr Page 19 of 34 Words stfueli-thfuttgli are deleted,words underlined are added 17E • DRAFT 1/18/24 above ground pools, for the private use of one SUBSECTION 3.P. AMENDMENTS TO SECTION 3.02.08 — REGULATIONS WITHIN THE FLOODWAYS Section 3.02.08. Regulations Within the Floodways. of Ordinance 04-41. as amended, the Collier County Land Development Code. is hereby amended to read as follows: 3.02.08 Reserved 1. Encroachments, including fill, new construction. substantial improvements and other developments, are prohibited, unless the encroachments shall not result in a significant increace in flood levels during Page 20 of 34 Words strueli-t4ffetigh are deleted,words underlined are added DRAFT 1/18/24 SUBSECTION 3.Q. AMENDMENTS TO SECTION 3.02.09 — REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES Section 3.02.09, Regulations for Mobile Homes and Recreational Vehicles. of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows. 3.02.09 Reserved Regulations for Mobile Homes and Recreational Vehicles A. No mobile home shall be placed in the coastal high hazard area, as depicted on the county-wide Future Land Use Map. or in a floodway. except in an existing mobile home park or existing mobile home subdivision. or land already zoned to allow mobile home development. B. All mobile homes placed. or substantially improved, on individual lots or parcels, in BC. All mobile homes to be placed. or substantially improved. in an existing mobile home park or subdivision must be elevated on a permanent foundation such that the lowest floor of the mobile home complies with the minimum requirements of Chapter 62 of the Code of Laws and Ordinances. is 2. exceeds 50 percent of the value of the streets, utilities, and pads before the repair. reconstruction, or improvement has or improvement of the streets. utilities, and pads equals or exceeds 50 percent of the value of the streets. utilities. and pads before the repair, reconstruction. or CD. Evacuation plans shall be included in applications for new manufactured home parks and subdivisions. and for expansions to manufactured home parks and subdivisions, in flood hazard areas. The County Manager or designee shall review and approve such evacuation plans. All--mobile J e+ e—parks--or--subci isians---must develop, and -have E. All recr ational vehicles placed on sites within Zones Al 30, AH, and AE on the Page '_I of 3-1 Words store through are deleted,words underlined are added 1 7 E DRAFT 1/18/24 2-- 3-- F. A recreational vehicle+c ready far highway Use if it is 043 4c wheels or jacking system, is attached to the cite SUBSECTION 3.R. 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 Reserved hazards. E. — in NAVD. SUBSECTION 3.S. AMENDMENTS TO SECTION 3.04.02 — SPECIES SPECIFIC REQUIREMENTS Section 3.04.02, Species Specific Requirements. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 3.04.02 Species Specific Requirements B. Sea Turtle Protection. 5. It shall be unlawful, during the nesting season. to construct any structure. add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest. without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. Page 22 of 34 Words strr.+ek4hfeug#are deleted.words underlined are added I DRAFT 1/18/24 * * * * * * * e. Minor structures. as defined by the Coastal Zone Protection Act of 1985. shall be approved,provided that they also comply with: Chapter 62 of the Collier County Code of Laws and Ordinances. ii. Florida Building Code far-ffee431-pfeefi-Fig, iii. Current building and life safety codes. Collier County and State of Florida Department of Environmental Protection CCSL/CCCL regulations. iv. Applicable disability access regulations of the American Disability Act (ADA). and vi. Any required Collier County zoning and other development regulations with the exception of existing density or intensity requirements established, unless compliance with such zoning or other development regulations would preclude reconstruction otherwise intended by the Build back Policy as determined by the Emergency Review Board established herein. SUBSECTION 3.T. AMENDMENTS TO SECTION 3.05.07— PRESERVATION STANDARDS Section 3.05.07. Preservation Standards. of Ordinance 04-41. as amended,the Collier County Land Development Code. is hereby amended to read as follows: 3.05.07 Preservation Standards * * * H. Preserve standards. 1. Design standards. * * * * * * e. Created preserves. Although the primary intent of GMP CCME Policy 6.1.1 is to retain and protect existing native vegetation,there are situations where the application of the retention requirements of this Policy is not possible. In these cases. creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. In keeping with the intent of this policy, the preservation of native vegetation off site is Page 23 of 34 Words e41 are deleted,words underlined are added 17E DRAFT 1/18/24 preferable over creation of preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. i. Applicability. Criteria for determining when a parcel cannot reasonably accommodate both the required on-site preserve area and the proposed activity include: • * * * * * (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) To provide for flood plain compensation as required by the LDC section 3.07.02. * * . * * SUBSECTION 3.U. AMENDMENTS TO SECTION 3.07.02 — INTERIM WATERSHED REGULATIONS Section 3.07.02. Interim Watershed Regulations. of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: 3.07.02 Interim Watershed Regulations * * * * * * C. Floodplain storage compensation calculation shall be provided on a case by case basis, based upon historical flooding and drainage problem area information. as determined by staff, for developments within flood hazard areas established in Chapter 62 of the Collier County Code of Laws and Ordinances the designated flood zones "A". "AE". and "VE" as . Floodplain storage compensation calculations shall be provided on a case by case basis, based upon historical flooding and drainage problem area information, as determined by staff. for areas known to be periodically inundated by intense rainfall or sheetflow conditions. * * * * * * * SUBSECTION 3.V. 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 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 Page 24 of 34 Words struck through are deleted,words underlined are added !s E DRAFT 1/18/24 shall be not less than such minimum elevations as adopted by the BCC. Florida Building Code, Chapter 62 of the Code of Laws and Ordinances, 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.W. AMENDMENTS TO SECTION 4.02.11 — DESIGN STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS Section 4.02.11, Design Standards for Hurricane Shelters Within Mobile Home Rental Parks, of Ordinance 04-41. as amended. the Collier County Land Development Code, is hereby amended to read as follows: 4.02.11 - Design Standards for Hurricane Shelters Within Mobile Home Rental Parks * * * * * C. The design and construction of the required shelters shall be guided by the wind loads applied to buildings and structures designated as "essential facilities" in the Florida Building Code * * * * * * * * * * SUBSECTION 3.X. AMENDMENTS TO SECTION 4.02.14 — DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS Section 4.02.14. Design Standards for Development in the ST and ACSC-ST Districts, of Ordinance 04- 41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts * * * * * * * B. All development orders issued for projects within the ACSC-ST shall be transmitted to the State of Florida. Department of Commerce. for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code. development order Requirements for Areas of Critical State Concern. C. Site alteration within the ACSC-ST. * * * * * * 11. Structure installation. a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation permitted for structures shall be at or above the elevation required by the Florida Building Code 4-00 year lood-tevel;as Pate 2;of 4 Words FAftic-li-tit-rewththrough are deleted.words underlined are added DRAFT 1/18/24 established by the -administrator of the federal flood Insurance Administration. The construction of any structure in a flood hazard area shall meet additional requirements of Chapter 62 of the Code of Laws and Ordinances c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land except as provided in Chapter 62 of the Code of Laws and Ordinances. * * * * SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.02.16 — DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Section 4.02.16. Design Standards for Development in the Bayshore Gateway Triangle Community Redevelopment Area, 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 Bayshore Gateway Triangle Community Redevelopment Area * * * * * * * C. Additional Standards for Specific Uses. Certain uses may be established. constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. * * * * * * * 2. Accessory Uses to Residential Structures. An accessory 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. detached garage. swimming pool or guesthouse. * * * * * * d. The guesthouse must be of new construction and must meet the requirements of the Florida Building Code Program (NFIP) first habitable floor elevation requirement&. The guesthouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed 8 feet in width. * * * * * * * D. Building Types and Architectural Standards * * * * * * 4. Building Type: HOUSE. Page 26 of 34 Words struck are deleted,words underlined are added 17E DRAFT 1/18/24 * * * * c. Facade Requirements: A maximum of two feet of fill shall be allowed on sites in flood hazard areas to meet the elevation requirements of the Florida Building Code (NFIP) requirements. Additional lowest floor height requirements shall be accomplished through stem wall construction. Stem walls shall be finished in material and color complimentary to the principal structure. ii. Open stilt-type construction is not permitted. On front yards. the foundation area below the first floor must be treated with a solid facade or lattice. which is consistent with the architectural style of the building and the floodplain protection standards of the Florida Building Code and Chapter 62 of the Code of Laws and Ordinances seetion--3.02.00. SUBSECTION 3.Z. AMENDMENTS TO SECTION 4.03.03 —SUBDIVISION EXEMPTIONS Section 4.03.03, Subdivision Exemptions. of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: 4.03.03—Subdivision Exemptions G. Rural area subdivision requirements. * * * * * * * 3. Access agreement. The owner of property applying for a building permit shall execute a release and waiver agreement which shall be executed and recorded at the applicants expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the county attorney or designee, and shall include. at a minimum. the following provisions and a copy of the recorded agreement submitted with the property owner's building permit application * * * * * * * k. An acknowledgment that the Department of € tie Opportunity Commerce (DEO) may review and appeal any development order issued by Collier County within the Big Cypress Area of Critical State Concern. Also. confirmation that the applicant will execute, prior to issuance of any development order by Collier County, a statement of understanding of the DEO Department of Commerce review requirements in the form approved by the DEO Department of Commerce; and Page 27 of 34 Words strucke#are deleted,words underlined are added 1 7 E DRAFT 1/18/24 * * * SUBSECTION 3.AA. AMENDMENTS TO SECTION 4.06.04 - TREES AND VEGETATION PROTECTION Section 4.06.04, Trees and Vegetation Protection. of Ordinance 04-41 as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.04-Trees and Vegetation Protection A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and filling for Site Development Plans (SDP). Site Improvement Plans (SIP), Plans and Plat (PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance with Section 3.05.05 and the following criteria. The following shall not apply to the Golden Gate Estates subdivision. * * * * 3. Stabilization * * * * * e. For subdivisions and VRSFPs within subdivisions. excluding VRSFPs for clearing and filling of 5 lots or less or for temporary access pursuant to 4.06.04 A.2.a, b and c (above), a vegetation bond in the form of a performance bond, letter of credit, or cash bond afld-in the amount of $5.000.00 per acre must be posted. Bonds shall be released to the applicant on a prorated basis based upon issuance of building permits or stabilization of fill. SUBSECTION 3.BB. AMENDMENTS TO SECTION 5.05.15 - CONVERSION OF GOLF COURSES Section 5.05.15, Conversion of Golf Courses. of Ordinance 04-41. as amended, the Collier County Land Development Code. is hereby amended to read as follows: 5.05.15-Conversion of Golf Courses C. Application process for conversion applications. 2. Developer's Alternatives Statement requirements. The purpose of the Developer's Alternatives Statement (DAS) is to serve as a tool to inform stakeholders and the County about the applicant's development options and intentions. It is intended to encourage communication. cooperation, and consensus building between the applicant, the stakeholders. and the County. Page 28 of 34 Wordsstruck th h are deleted,words underlined are added l7E DRAFT 1/18/24 b-a. Alternatives. The DAS shall be prepared by the applicant and shall clearly identify the goals and objectives for the conversion project. The DAS shall address. at a minimum,the three alternatives noted below.The alternatives are not intended to be mutually exclusive:the conceptual development plan described below may incorporate one or more of the alternatives in the conversion project. SUBSECTION 3.CC. AMENDMENTS TO SECTION 6.01.02—EASEMENTS Section 6.01.02, Easements. of Ordinance 04-41, as amended. the Collier County Land Development Code, is hereby amended to read as follows: 6.01.02—Easements If applicable. easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to. and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat and dedicated on the final subdivision plat. * * * * * C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County. without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats. or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. shall have a minimum setback as required by the LDC, or other setback that may be approved as a deviation through the PUD approval process by the Board of County Commissioners from the boundary of such protected/preserve area in which no prime-principal structure may be constructed. The required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. Further. the preliminary and final subdivision plats. or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures. fill placement. grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the County Manager or designee; provided. in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary. Additional regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10. and shall be applicable for all preserves, regardless if they are platted or simply identified by a recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents Page 29 of 34 \\'ords s „Ttitli arc deleted,words underlined are added 1 7 E DRAFT 1/18/24 the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s)and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats. or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. SUBSECTION 3.DD. AMENDMENTS TO SECTION 9.04.05 — SPECIFIC REQUIREMENTS FOR VARIANCES TO FLOOD HAZARD PROTECTION Section 9.04.05. —Specific Requirements for Variances to Flood Hazard Protection Requirements. of Ordinance 04-41. as amended. the Collier County Land Development Code, is hereby amended to read as follows: 9.04.05 — Reserved. Specific A. General requirements. 1. Variances shall only be 2. Variances shall only be issued upon: a. A showing of good and sufficient cause. -- all a. The danger that materials may be swept onto other lands to the injury of etfher Page 30 of 3.4 Words struck througgh are deleted,words underlined are added 1 7 L DRAFT 1/18/24 �-- community • g. The compatibility of the proposed use with existing -and anticipated h. The relationship of the proposed use to the GMP and flood plain i. The safety of access to the property in times of flood for ordinary and expected at the site: k. The costs of providing governmental services during and after flood I. Variances shall not be issued within a m. Variances may be issued by a community for new construction and --necessary-for-the • • • considered: SUBSECTION 3.EE. AMENDMENTS TO SECTION 10.02.04 — REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS Section 10.02.04, —Requirements for Preliminary and Final Subdivision Plats, of Ordinance 04- 41, as amended. the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04—Requirements for Preliminary and Final Subdivision Plats E. General Requirements for Construction Plans (CNSTR). Page 31 of 34 Words st +4-41ife-ug#are deleted,words underlined are added 1 7 E DRAFT 1/18/24 * * * * * * 2. Application and process. c. Construction plans shall be reviewed and approved pursuant to LDC section 10.02.04 B.3 and E3.4, as applicable. SUBSECTION 3.FF. AMENDMENTS TO SECTION 10.02.08 — REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS Section 10.02.08, — Requirements for Amendments to the Official Zoning Atlas, of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 10.02.08—Requirements for Amendments to the Official Zoning Atlas B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by. 1. Board of cCounty cCommissioners. 2. Planning sCommission. 3. Board of aZoning aAppeals. SUBSECTION 3.GG. AMENDMENTS TO SECTION 10.04.04 —Applications Subject to Type III Review Section 10.04.04. —Applications Subject to Type III Review, of Ordinance 04-41. as amended, the Collier County Land Development Code. is hereby amended to read as follows: 10.04.04 Applications Subject to Type III Review The following applications are subject to Type III review: Variances; Administrative Appeals; Certificates of Appropriateness: conditional uses: nonconforming Use Amendments: Vested Rights: : Parking Agreements. SUBSECTION 3.HH. AMENDMENTS TO APPENDIX C- FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION Appendix C- Final Subdivision Plat, Required Certifications and Suggested Text and Formats for Other Required Information, of Ordinance 04-41. as amended. the Collier County Land Development Code, is hereby amended to read as follows: Page 32 of 34 Words su • et are deleted,words underlined are added DRAFT 1/18/24 APPENDIX C—FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION * • * A. DEDICATE TO THE (insert homeowners' association or legal entity): 7. All conservation/preserve areas/easements as follows. ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE(CONSERVATION or PRESERVE) AREAS INCLUDE. BUT ARE NOT LIMITED TO,_ CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES. SHRUBS. OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL: EXCAVATION. DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING: ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE;, FLOOD CONTROL. WATER CONSERVATION. EROSION CONTROL. OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 shall 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 Page 33 of 34 Words stc+w-k-t4r-eugh are deleted,words underlined are added 17E DRAFT 1/18/24 or re-lettered to accomplish such. and the word"ordinance"may be changed to"section,""article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL. CLERK OF COLLIER COUNTY, FLORIDA By: By: . Deputy Clerk CHRIS HALL. Chairman Approved as to form and legality: Heidi F. Ashton-Cicko 1-18-24 Managing Assistant County Attorney 23-LDS-00288/66 1/18/24 Page 34 of 34 Words str,� z;are deleted,words underlined are added 1iE Acct #323534 January 29, 2024 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067) (W/Display Map) Dear Legals: Please advertise the above on Wednesday, February 7, 2024, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Jennifer Hansen, Deputy Clerk P.O. #4500226652 LocaliQ Florida PO Box 631244 Cincinnati,OH 45263-1244 GANNETT PROOF OF PUBLICATION Jennifer IUansen PO 4500220085 Bcc Zoning Department 3299 Tamiami TRI.E 4 700 Naples FL 34112-5749 STATE OF WISCONSIN,COUNTY OF BROWN Before the undersigned authority personally appeared,who on oath says that he or she is the Legal Advertising Representative of the Naples Daily News,a newspaper published in Collier County, Florida;that the attached copy of advertisement, being a Legal Ad in the matter of Main Legal CLEGL,was published on the publicly accessible website of Collier and Lee Counties,Florida, or in a newspaper by print in the issues of, on: 02/07/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk,who is personally known to me, on 02/07/2024 Legal Clerk Notary,State of WI,County of Brown / My commission expires Publication Cost: $1008.00 Order No: 9791177 k of Copies: Customer No: 1125551 1 PO 4: P.O.44500226652 THIS is NOT AN INVOICE! Please do nos use this form for paymeni rennnance KATHLEEN AL.LEN Notary Public State of Wisconsin Page 1 of 2 IE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notre is hereby aver Mat a pudic heanng will be held by the Collier County Board of County Commissioners(BCC)at 9:00 A.M.rtn February 27,2024 th.Rend rd calmly I nn,m.•mmnr,,m•erwm 'bird flow rase,rrm-nrrnenI rr'nr.n 1"0a r,.a'am,amr had N robs I r In.nor-,dog AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 04-41,AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,TO CLARIFY THE REGULATIONS PERTAINING TO MOBILE HOMES LOCATED IN THE COASTAL NIGH HAZARD AREA,TOREMOVE DUPLICATIVE FL000PLAN PROTECTION REGULATIONS THAT ARE CODIFIED IN THE COLLIER COUNTY COOS OF LAWS AND ORDINANCES OR WITH THE FLORIDA BUILDING COOS.AND TO UPDATE CITATIONS AND CORRECT SCRIVENER'S ERRORS.By PROVIDING FOR:SECTION ONE,RECITALS;SECTION TWO.FINDINGS OF FACT.SECTION TNREF,ADOPTIONS OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING CHAPTER ONE GENERAL PROVISIONS,INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.06.02 DEFINITIONS;CHAPTER TWO ZONING DISTRICTS AND USES,INCLUDING SECTION 2.02.02 DISTRICT NOMENCLATURE.SECTION 2 03 01 AGRICULTURAL.DISTRICTS,SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS,2.03 03 COMMERCIAL ZONING DISTRICTS,SECTION 2 03.07 OVERLAY ZONING DISTRICTS,AND SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS.CHAPTER THREE RESOURCE PROTECTION.INCLUDING SECTION 3.02.01 FINDINGS OF FACT,SECTION 3.02.02 PURPOSE,SECTION 3.02.03 APPLICABILITY,SECTION 3.02.(e EXEMPTIONS,SECTION 3.02.05 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD,SECTION 3.02.06 GENERAL STANDARDS FOR HOOD HAZARD REDUCTION,SECTION 3.02 07 SPECIFIC STANDARDS TOR CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS.SECTION 3020a REGULATIONS WITHIN THE FL00DWAYS,SECTION 3.02.09 REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES,AND SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS,SECTION 3.04.02 SPECIES SPECFIC REQUIREMENTS,SECTION 3 05.07 PRESERVATION STANDARDS,AND SECTION 3.0702 INTERIM WATERSHED REGULATIONS:CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS,SECTION 4.02.11 DESIGN STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS.SECTION 4.0214 DESIGN STANDARDS FOR OEVELOPMENT IN THE ST AND ACSC-SE DISTRICTS,SECTION 4.0216 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA,SECTION 4.03.03 SUBDIVISION EXEMPTIONS,AND SECTION 4.06.04 TREES AND VEGETATION PROTECTION;CHAPTER FIVE SUPPLEMENTAL STANDARDS,INCLUDING SECTION 505.15 CONVERSIONS OF GOLF COURSES;CHAPTER SIX INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,INCLUDING SECTION 6.01.02 EASEMENTS.CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SECTION 9.04 05 SPECIFIC REQUIREMENTS FOR VARIANCES 10 FL000 HAZARD PROTECTION REQUIREMENTS;CHAPTER TEN APPLICATION,REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.02.04 REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PUTS,SECTION 1002 08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS,AND SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW;AND APPENDIX C FINAL SUBDIVISION PLAT,REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION:SECTION FOUR,CONFLICT AND SEVERABILITY,SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE(PL20230014143 AND PL202200050671 • N ` Collier. County Florida Hew 1I1111111 1. - -- ra1! _. am reran ss A Copy of the proposed Ordinance is on lie wrm the Clerk to the Hoard and r'available Iry mshetl,ar All interested parties are waled In attend and be heard. AN persons melting to speak on any agenda Rem must re9Wer with the County Manager prior to plesentalon of the agenda dem to be addressed.hidivIdal speakers wit be Mined to Three(31 reanules on any item The selection e0 any individual In speak on behalf of an organization or group is encouraged.R reLognrzed by the(2raninan,a spokesper.,nn for a group or aoanttahon may be dieted ten(10)minutes to speak on an dem Written materials intended to be considered by the Board Vial be submitted to the approonate County stall a megrim m of seven(7)days poor 10 the pubic hearing.AI materials used in presentations before the Board will become a permanent part of the record AI part of an ongoing Inihabve to encourage public involvement.the pudic win nave the opportunity to provide public comments remotely,as well as In person.dunng this proceeding Individuals who would like In pad,epate rrmntrly rnnuld remeler through the link provided within the specific evenVmeebng entry on the Calendar of(vents on the Canty websile at www.cNkercmmly(I Orate a"counlyheslorsycalendar-ot-events after the agenda is posted on the County websile Regisbalten shored be done in advance of the pubhr ineahne.or any dea1o,e speeded within the public mealier notice.Individuals who register will receive an email in advance al the public heanng detailing tow They can participate remotely in Ibis meeting.Remote participation Ls encoded an a courtesy and is at the user's risk.The County Is not responsible for technic issues For additional mlormahoe about the meelmg,please call Geoffrey While at 7528369 or email In Genllrey.WBigr/cd6errnunIyfl goy Any person who decrees to appeal arty decision of the Board wiF need a record al the proceedings pertaining thereto and therelde.may need to ensure that a verbatim roeded of the proceedings is made which retard includes the testimony and evidence upon which the appeal is based If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you we entitled.at no cost to you,to the prevision 01 certain assistance Please contact the Collier County Facikhes Managerneol Division,located at 3335 Tanvanm Trail East.Suite 101,Naples.Ft 34112-5356.(239)252-8380 a1 least two 12)days prior to the meeting A srstr:l hslenmo devices for the hearing impaired are available in the Board of County Comm,stoners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY.Ft ORIDA CHRIS HALL, CHAIRMAN CRYSTAL K.KINZEL. CLERK Of THE CIRCUIT COURT A COMPTROLLER By Jennifer Hansen.Deputy Clerk (SEAL) 17E Jennifer Hansen From: Jennifer Hansen Sent: Monday,January 29, 2024 10:41 AM To: Naples Daily News Legals Subject: Flood Damage Prevention Updates(LDCA) &2022 Scrivener's Errors and Cross- References(LDCA) (PL20230014143 &PL20220005067 Attachments: Flood Damage Prevention Updates (LDCA) &2022 Scrivener's Errors and Cross- References(LDCA) (PL20230014143 & PL20220005067.docx; Flood Damage Prevention Updates (LDCA)&2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067.pdf; Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067).docx Good afternoon The advertisement must be a 114 paste advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Thank you, Jennifer Hansen BMR& VAB Deputy Clerk ol`co.`a'RTd Office: 239-252-8406 Fax: 239-252-8408 ~ E-mail: jennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court �0 c &Comptroller of Collier County «,;,,,,. 3299 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com 1 17E NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M.on February 27,2024, in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: 17E AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CLARIFY THE REGULATIONS PERTAINING TO MOBILE HOMES LOCATED IN THE COASTAL HIGH HAZARD AREA,TO REMOVE DUPLICATIVE FLOODPLAIN PROTECTION REGULATIONS THAT ARE CODIFIED IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES OR WITH THE FLORIDA BUILDING CODE, AND TO UPDATE CITATIONS AND CORRECT SCRIVENER'S ERRORS,BY PROVIDING FOR: SECTION ONE,RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTIONS OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.02.02 DISTRICT NOMENCLATURE, SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, AND SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.02.01 FINDINGS OF FACT, SECTION 3.02.02 PURPOSE, SECTION 3.02.03 APPLICABILITY, SECTION 3.02.04 EXEMPTIONS, SECTION 3.02.05 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SECTION 3.02.06 GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION,SECTION 3.02.07 SPECIFIC STANDARDS FOR CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS, SECTION 3.02.08 REGULATIONS WITHIN THE FLOODWAYS, SECTION 3.02.09 REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES, AND SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, SECTION 3.05.07 PRESERVATION STANDARDS, AND SECTION 3.07.02 INTERIM WATERSHED REGULATIONS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.11 DESIGN STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA, SECTION 4.03.03 SUBDIVISION EXEMPTIONS, AND SECTION 4.06.04 TREES AND VEGETATION PROTECTION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.15 CONVERSIONS OF GOLF COURSES; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.04.05 SPECIFIC REQUIREMENTS FOR VARIANCES TO FLOOD HAZARD PROTECTION REQUIREMENTS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.04 REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO 1 7 E THE OFFICIAL ZONING ATLAS, AND SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW; AND APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20230014143 AND PL20220005067] (insert map) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL. CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Jennifer Hansen, Deputy Clerk (SEAL) 1 7 E O NI u T. _ En -o u a _ art . a •I• • ! 1 ,-�--� - 4s..: of Gulf 17E Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Monday, January 29, 2024 10:42 AM To: Jennifer Hansen Subject: DO NOT REPLY External Message: Please use caution when opening attachments, clicking links, or replying to this message. This is an auto generated email, please do not reply. The legal department has received your email and will be processing your notice as soon as possible. We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday — Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department 1 7 E Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Monday, January 29, 2024 12:57 PM To: Jennifer Hansen Subject: RE: 03490559 Flood Damage Prevention Updates (LDCA) &2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067 Importance: High External Message: Please use caution when opening attachments,clicking links, or replying to this message. Received and processing - please wait for proof Thanks! Public Notices Team * LocaIiQ I •USA TODAY Office: 844-254-5287 From:Jennifer Hansen<jennifer.hansen@collierclerk.com> Sent: Monday,January 29, 2024 9:41 AM To: NDN-Legals<legals@naplesnews com> Subject:03490559 Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067 Good afternoon The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Thank you, 1 7 E Jennifer Hansen From: Jennifer Hansen on behalf of Minutes and Records Sent: Monday,January 29, 2024 1:24 PM To: PadronAilyn Cc: Marissa Fewell;JohnsonEric; RodriguezWanda; BradleyNancy;GMDZoningDivisionAds Subject: RE: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates (LDCA) &2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143 & PL20220005067) Good morning This ad has been received and now being processed by NDN. Thank you!! Jennifer Hansen BMR& VAB Deputy Clerk ca,R,.t Office: 239-252-8406 Fax: 239-252-8408 1.~ E-mail: jennifer.hansen@)CollierClerk.com Office of the Clerk of the Circuit Court '2 ��,� 77��0� &Comptroller of Collier County `�< , -i f 3299 Tamiami Trail E, Suite#401 Naples, FL 34112 www.Col l ierC lerk.com From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent: Monday,January 29, 2024 10:03 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>;JohnsonEric<Eric.Johnson@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates(LDCA)&2022 Scrivener's Errors and Cross- References(LDCA) (PL20230014143& PL20220005067) Good morning, M&R, Attached is the Ad Request for PL20230014143 & PL20220005067 for the February 27, 2024, BCC hearing that needs to run on February 7. Please let me know if you have any questions.Thank you! Respectfully, Ailyn Padron Management Analyst I 1 1 7 E Jennifer Hansen From: Urbach, Rose <RUrbach@gannett.com> Sent: Tuesday, January 30, 2024 9:26 AM To: Jennifer Hansen Cc: Gannett Legals Public Notices 4 Subject: Proof review for the Naples News ( PO# 4500226652 I ad# 38600214 Attachments: ND-38600214.pdf External Message: Please use caution when opening attachments,clicking links, or replying to this message. Good morning,Jennifer— I work with the Legal Department for the Naples News and will be here to assist you with your creative needs for the attached Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143 & PL20220005067). Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Tuesday, February 6 at 2pm. Order Details: • Order Number=9791177 I Materials= 38600214 • 10/PO =4500226652 • Publication = Naples News • Section= Main/ROP • Run Dates= February 7 • Ad Size = 1/4-page (3-col x 10") • Affidavit=yes • Total Cost= $1,008.00 Thank you, Rose Urbach(she/her) Account Coordinator SMB-Legals Legals: SMB-ClassifiedsLegalSupport@gannett.com * LocaliQ I •NUSA ETWORK Y rurbach@locaho.com Office:330.996.3487 Seize your potential at LocaliQ.com 1 17E Jennifer Hansen From: Jennifer Hansen on behalf of Minutes and Records Sent: Tuesday,January 30, 2024 9:37 AM To: PadronAilyn Cc: Marissa Fewell;JohnsonEric; RodriguezWanda; BradleyNancy;GMDZoningDivisionAds Subject: RE: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates (LDCA)&2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067) Attachments: ND-38600214.pdf Good morning, Attached is the ad proof for your approval. Below are the costs: Order Details: • Order Number=9791177 I Materials= 38600214 • 10/PO=4500226652 • Publication= Naples News • Section = Main/ROP • Run Dates= February 7 • Ad Size= 1/4-page(3-col x 10") • Affidavit=yes • Total Cost=$1,008.00 Thank you, Jennifer Hansen BMR& VAB Deputy Clerk ,.�0. 0 T`OU*7. Office: 239-252-8406 Fax: 239-252-8408 E-mail: jennifer.hansenra( ollierClerk.com • • Office of the Clerk of the Circuit Court • &Comptroller of Collier County y` RY�.,,,.r�` 3299 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent: Monday,January 29, 2024 10:03 AM To: Minutes and Records<MinutesandRecords@collierclerk.corn> Cc:Marissa Fewell<Marissa.Fewell@colliercountyfl.gov>;JohnsonEric<Eric.Johnson@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject:2/27/24 BCC-Ad Request for Flood Damage Prevention Updates(LDCA)&2022 Scrivener's Errors and Cross- References(LDCA) (PL20230014143 & PL20220005067) 1 1 7 E NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will oe rela by the Collier County Board of County Commissioners(BCC)at 9:00 A.M.$dnFebruary 27,2024. in the Board of County Commissioners meeting rco-.third floor Collier Government Center.3299 East Taman)]Trail.Naples FL to er AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA.AMENDING ORDINANCE NUMBER 04-41,AS AMENDED. THE COLLIER COUNTY LAND DEVELOPMENT CODE.WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,TO CLARIFY THE REGULATIONS PERTAINING TO MOBILE HOMES LOCATED IN THE COASTAL HIGH HAZARD AREA,TO REMOVE DUPLICATIVE FLOODPLAIN PROTECTION REGULATIONS THAT ARE CODIFIED IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES OR WITH THE FLORIDA BUILDING CODE.AND TO UPDATE CITATIONS AND CORRECT SCRIVENER'S ERRORS,BY PROVIDING FOR:SECTION ONE,RECITALS:SECTION TWO,FINDINGS OF FACT:SECTION THREE.ADOPTIONS OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER ONE—GENERAL PROVISIONS,INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.08.02 DEFINITIONS;CHAPTER TWO—ZONING DISTRICTS AND USES.INCLUDING SECTION 2.02.02 DISTRICT NOMENCLATURE.SECTION 2.03.01 AGRICULTURAL DISTRICTS,SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS,2.03.03 COMMERCIAL ZONING DISTRICTS.SECTION 2.03.07 OVERLAY ZONING DISTRICTS,AND SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS:CHAPTER THREE—RESOURCE PROTECTION,INCLUDING SECTION 3.02.01 FINDINGS OF FACT,SECTION 3.02.02 PURPOSE,SECTION 3.02.03 APPLICABILITY.SECTION 3.02.04 EXEMPTIONS.SECTION 3.0205 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD,SECTION 3.02.06 GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION.SECTION 3.02.07 SPECIFIC STANDARDS FOR CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS,SECTION 3.02.08 REGULATIONS WITHIN THE FLOODWAYS,SECTION 3.02.09 REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES.AND SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS.SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS.SECTION 3.05.07 PRESERVATION STANDARDS,AND SECTION 3.07.02 INTERIM WATERSHED REGULATIONS:CHAPTER FOUR—SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS,SECTION 4.02.11 DESIGN STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS.SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC ST DISTRICTS.SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA,SECTION 4.03.03 SUBDIVISION EXEMPTIONS,AND SECTION 4.06.04 TREES AND VEGETATION PROTECTION;CHAPTER FIVE —SUPPLEMENTAL STANDARDS.INCLUDING SECTION 5.05.15 CONVERSIONS OF GOLF COURSES:CHAPTER SIX—INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS. INCLUDING SECTION 6.01.02 EASEMENTS: CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SECTION 9.04.05 SPECIFIC REQUIREMENTS FOR VARIANCES TO FLOOD HAZARD PROTECTION REQUIREMENTS:CHAPTER TEN—APPLICATION,REVIEW.AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.02.04 REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS,SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS,AND SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW:AND APPENDIX C FINAL SUBDIVISION PLAT,REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION:SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE:AND SECTION SIX.EFFECTIVE DATE.[PL202 3001 41 43 AND PL20220005067) Collier county n1 ; \ Florida ' J VOWS °N - MAO 111, %fir t/ tvora wrs an ' ~fit �'ti•� A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item.Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely.as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountytl.gov/our-county/Wsitors/calerfdar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Wittig at 252-8369 or email to Geoffrey.Willigecolliercounryll.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made.which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112.5356,(239)252-8380.at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT 8 COMPTROLLER By:Jennifer Hansen,Deputy Clerk (SEAL) NOJ1190ev'r 17E Jennifer Hansen From: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Sent: Tuesday,January 30,2024 11:13 AM To: PadronAilyn Cc: GMDZoningDivisionAds; Marissa Fewell Subject: RE:2/27/24 BCC- Ad Proof for Flood Damage Prevention Updates (LDCA)&2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067) Attachments: ND-38600214.pdf Approved! EJ From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Tuesday,January 30, 2024 10:36 AM To: Marissa Fewell<Marissa.Fewell@colliercountyfl.gov>; Eric Johnson<Eric.Johnson@colliercountyfl.gov> Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW:2/27/24 BCC-Ad Proof for Flood Damage Prevention Updates(LDCA) &2022 Scrivener's Errors and Cross- References(LDCA) (PL20230014143 & PL20220005067) Good morning, Marissa& EJ, Attached is the ad proof for your petitions. Please let me know if you approve and/or if we need to make changes by end of day. Please let me know if you have any questions.Thank you. Respectfully, Ailyn Padron Management Analyst I Coder County Growth Management Community Development Department 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 From:Jennifer Hansen<jennifer.hansen@collierclerk.corrt>On Behalf Of Minutes and Records Sent:Tuesday,January 30, 2024 9:37 AM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.Rov> Cc:Marissa Fewell<Marissa.Fewell@colliercountyfl.Rov>; Eric Johnson <Eric.JohnsonPcolliercountyfl.Rov>;Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.Rov>; Nancy Bradley<Nancy.Bradley colliercountvfl.Rov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> 1 7 E Jennifer Hansen From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Tuesday, January 30, 2024 11:36 AM To: Minutes and Records;Jennifer Hansen Cc: Marissa Fewell; JohnsonEric; RodriguezWanda; BradleyNancy;GMDZoningDivisionAds Subject: RE: 2/27/24 BCC Ad Request for Flood Damage Prevention Updates(LDCA) &2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143 & PL20220005067) Attachments: RE: 2/27/24 BCC- Ad Proof for Flood Damage Prevention Updates (LDCA) &2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067) Good morning, This ad has been approved by staff. Please see the attached approval. Thank you. Respectfully, Ailyn Padron Management Analyst I Collier County Growth Management Community Development Department 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 From:Jennifer Hansen<jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent:Tuesday,January 30, 2024 9:37 AM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Cc: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>; Eric Johnson <Eric.Johnson@colliercountyfl.gov>; Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143 & PL20220005067) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning, Attached is the ad proof for your approval. Below are the costs: 1 17E Jennifer Hansen From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyflgov> Sent: Wednesday,January 31, 2024 1:40 PM To: Minutes and Records;Jennifer Hansen Cc: PadronAilyn;GMDZoningDivisionAds;JohnsonEric Subject: proof approval:2/27/24 BCC- Flood Damage Prevention Updates (LDCA) &2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067) Attachments: ND-38600214.pdf; RE:2/27/24 BCC- Ad Request for Flood Damage Prevention Updates (LDCA) &2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143 & P120220005067) Attorney approval is below, staff approval is attached, and there are no other approvals required for this ad. Thank you, Wanda Rodriguez, ACP, CT.M Office of the County .Attorney (23,9) 252-8400 CERTIFttn A 1 . 1P ri.o•ioe e ACP Proms WAlm sooup SINCECerMma PUCbc Manage, From: Heidi Ashton<Heidi.Ashton@colliercountyfl.gov> Sent:Wednesday,January 31, 2024 1:36 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Nancy Bradley<Nancy.Bradley@colliercountyfl.gov> Subject: RE:proof for approval: 2/27/24 BCC- Flood Damage Prevention Updates(LDCA)&2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143& PL20220005067) Wanda, Approved.Thank you! f-ttidi Ashtow-Clcleo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8��3 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday,January 30, 2024 11:38 AM To: Heidi Ashton<Heidi.AshtonPcolliercountvfl.gov> 1 7 E Jennifer Hansen From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Tuesday,January 30, 2024 11:36 AM To: Minutes and Records;Jennifer Hansen Cc: Marissa Fewell;JohnsonEric; RodriguezWanda; BradleyNancy; GMDZoningDivisionAds Subject: RE:2/27/24 BCC- Ad Request for Flood Damage Prevention Updates(LDCA)&2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143 &PL20220005067) Attachments: RE:2/27/24 BCC-Ad Proof for Flood Damage Prevention Updates(LDCA)&2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143 &PL20220005067) Good morning, This ad has been approved by staff. Please see the attached approval. Thank you. Respectfully, Ailyn Padron Management Analyst I Collier County Growth Management Community Development Department 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 From:Jennifer Hansen<jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent:Tuesday,January 30, 2024 9:37 AM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Cc: Marissa Fewell<Marissa.Fewell@colliercountyfl.gov>; Eric Johnson<Eric.Johnson@colliercountyfl.gov>;Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates(LDCA) &2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143& PL20220005067) EXTERNAL EMAIL:This email is from an external source.Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning, Attached is the ad proof for your approval. Below are the costs: 1 17E Jennifer Hansen From: Jennifer Hansen Sent: Wednesday, January 31, 2024 1:43 PM To: 'Urbach, Rose' Cc: Gannett Legals Public Notices 4 Subject: RE: Proof review for the Naples News ! PO#4500226652 I ad# 38600214 Good afternoon, This ad has been approved. Thank you! Jennifer Hansen BMR& VAB Deputy Clerk c-.cu'T C0"RT Office: 239-252-8406 c f�y Fax: 239-252-8408 8. E-mail: jennifer.hansen�a.CollierClerk.com A„, Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com From: Urbach, Rose<RUrbach@gannett.com> Sent:Tuesday,January 30, 2024 9:26 AM To:Jennifer Hansen<jennifer.hansen@collierclerk.corn> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: Proof review for the Naples News I PO#4500226652 I ad# 38600214 External Message: Please use caution when opening attachments,clicking links, or replying to this message. Good morning,Jennifer— I work with the Legal Department for the Naples News and will be here to assist you with your creative needs for the attached Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143 & PL20220005067). Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Tuesday, February 6 at 2pm. Order Details: 17E Jennifer Hansen From: Urbach, Rose <RUrbach@gannett.com> Sent: Wednesday,January 31, 2024 1:46 PM To: Jennifer Hansen Cc: Gannett Legals Public Notices 4 Subject: Re: Proof review for the Naples News I PO#4500226652 I ad# 38600214 External Message:Please use caution when opening attachments,clicking links,or replying to this message. Hi Jennifer, Thank you for getting back to me, I have set your order(Ad#38600214) live in our system and it will run as requested. I've also sent the needed information to our affidavit team so you can expect to receive that within 10 business days of the final run date. Please have a great rest of your day and week! Thank you, Rose Urbach(she/her) Account Coordinator SMB-Legals Legals: SMB-ClassifiedsLegalSupport@gannett.com * LocaliQ I •USA NETWORKY rurbach@localid.com Office:330.996.3487 Seize your potential at LocaliQ.com From:Jennifer Hansen<jennifer.hansen@collierclerk.com> Sent:Wednesday,January 31, 2024 1:43 PM To: Urbach, Rose<RUrbach@gannett.com> Cc:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: RE: Proof review for the Naples News I PO#4500226652 I ad#38600214 Good afternoon, This ad has been approved. Thank you! 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office f Y 4. BCC Office Board of County Commissioners jr51 3 f 4/2 ,5. Minutes and Records Clerk of Courts OfficeH Q� y'/ t PRIMARY CONTACT INFORMATIO Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. 7� Name of Primary Staff Kathy Crotteau/County Attornepftice& Phone Number 252-6052 Contact/ Depaitrnent Eric Johnson/Zoning-LDC Agenda Date Item was March 26,2024 Agenda Item Number 17E Approved by the BCC Type of Document Ordinance Number of Original 1 94 Attached t7� — 1 Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3-26-24 and all changes made during w the meeting have been incorporated in the attached document. The Countyft Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the , / _JVItOt BCC,all changes directed by the BCC have been made,and the document is ready for the p_t Chairman's signature. \>\' I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORDINANCE NO. 2024 - 1 1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CLARIFY THE REGULATIONS PERTAINING TO MOBILE HOMES LOCATED IN THE COASTAL HIGH HAZARD AREA, TO REMOVE DUPLICATIVE FLOODPLAIN PROTECTION REGULATIONS THAT ARE CODIFIED IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES OR WITH THE FLORIDA BUILDING CODE, AND TO UPDATE CITATIONS AND CORRECT SCRIVENER'S ERRORS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTIONS OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.02.02 DISTRICT NOMENCLATURE, SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, AND SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.02.01 FINDINGS OF FACT, SECTION 3.02.02 PURPOSE, SECTION 3.02.03 APPLICABILITY, SECTION 3.02.04 EXEMPTIONS, SECTION 3.02.05 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SECTION 3.02.06 GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION, SECTION 3.02.07 SPECIFIC STANDARDS FOR CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS, SECTION 3.02.08 REGULATIONS WITHIN THE FLOODWAYS, SECTION 3.02.09 REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES, AND SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, SECTION 3.05.07 PRESERVATION STANDARDS, AND SECTION 3.07.02 INTERIM WATERSHED REGULATIONS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.11 DESIGN STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA, SECTION 4.03.03 SUBDIVISION EXEMPTIONS, AND SECTION 4.06.04 TREES AND VEGETATION PROTECTION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.15 CONVERSIONS OF GOLF COURSES; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.04.05 SPECIFIC REQUIREMENTS FOR VARIANCES TO Page 1 of 34 Words struck through are deleted,words underlined are added 17E FLOOD HAZARD PROTECTION REQUIREMENTS; CHAPTER TEN —APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.04 REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, AND SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW; AND APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20230014143 AND PL20220005067] 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, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on December 7, 2023 for PL20220005067 and January 4, 2024 for PL20230014143, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on March 26, 2024, 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 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 Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and Page 2 of 34 Words struck through are deleted,words underlined are added � 7E WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VI I I, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning 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§ 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., 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), F.S., 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), F.S., 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§ 163.3161 et seq., F.S. Page 3 of 34 Words struck through are deleted,words underlined are added 1 7 E `, 7. Section 163.3194(1)(a), F.S., 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 shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, 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. 9. Section 163.3194(3)(b), F.S., states 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 Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development 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. Page 4 of 34 Words struck through are deleted,words underlined are added 17E SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 —ABBREVIATIONS Section 1.08.01, Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.01 Abbreviations * * * * * * C-1 Commercial Districts Commercial Professional and General Office District * * * * * * * FIHS Florida Interstate Highway System - FIRM _ Flood Insurance Rate Map FIS _ Flood insurance study FISH Florida Inventory of School Houses * * * * * * * * RNC Residential Neighborhood Commercial Subdistrict * * * * * * * * VR Village Residential Zoning Districts * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 — DEFINITIONS 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 * * * * * * * to a one percent or greater chance of flooding in any given year. These areas are designated on the Flood Insurance Rate Map. * * * * * * * Page 5 of 34 Words struck through are deleted,words underlined are added 17E ceeded in any given year. system. * * * * * * * Coastal high hazard areas: The evacuation zone for a Category 1 hurricane as may be established in the regional hurricane evacuation study applicable to the local government. For floodplain management purposes, the term is defined in Chapter 62 of the Collier County Code of Laws and Ordinances. * * * * * * * Family care facility: A residential facility designed to be occupied by not more than 6 persons under care, plus staff as required by rule 59A-36.010, F.A.C., and constituting a single dwelling unit (i.e., adult congregate living facility for: aged persons; developmentally disabled persons; physically disabled or handicapped persons; mentally ill persons; and persons recovering from alcohol and/or drug abuse. Foster care facilities are also included, but not the uses listed under group care facility (category II). This use shall be applicable to single-family dwelling units and mobile homes. * * * * * * * Flood elevation determination: A determination by the County Manager or designee of the chance of occurrence in any given year. zone applicable to the community. Flood insurance study (FIS): The official report provided in which the Federal Emergency Management Agency (FEMA) has provided flood profiles, as well as the Flood Insurance Rate Mane anrd the water s„rfaGe elevation of the base flood Flood-plain: Area inundated during a 100-year flood event or identified by the National Flood Insurance Program as a special flood hazard area an A Zone or V Zone on Flood Insurance Rate Maps or Flood Hazard Boundary Maps. (see definition of"flood"). Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot * * * * * * * Guesthouse: An accessory dwelling structure which is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their Page 6 of 34 Words struck through are deleted,words underlined are added 17E temporary guests or their domestic employees and which may contain kitchen facilities. Guesthouses are not permitted in development that is receiving an AHDB. See LDC sections 4.01.02, 5.03.03 and 2.05.021 for additional information. Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring ` st uetu-rc_te--its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value s structure which have incurred "substantial damage", regardle'e of the actual repair work performed. The violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or any alteration of a historic structure. * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.02.02 — DISTRICT NOMENCLATURE Section 2.02.02, District Nomenclature, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.02.02 District Nomenclature * * * * * * * D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I, BP, and industrial components in PUDs. * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.01 —AGRICULTURAL DISTRICTS Section 2.03.01, Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 —Agricultural Districts * * * * * * * 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 estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the Page 7 of 34 Words struck through are deleted,words underlined are added 17E estates land use designation. 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 as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * 5. Group care facilities (category I); care units, subject to the provisions of LDC subsection 2.03.01 B.341.c.6.; nursing homes; assisted living facilities pursuant to § /129/102 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.02 — RESIDENTIAL ZONING DISTRICTS Section 2.03.02, Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.02— Residential Zoning Districts * * * * * * * A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single- family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed Page 8 of 34 Words struck through are deleted,words underlined are added 17E the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). c. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * 7. Group care facilities (category I); care units subject to the provisions of LDC subsection 2.03.02 3.hA.1.c.8.; nursing homes; assisted living facilities pursuant to §429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.03 — COMMERCIAL ZONING DISTRICTS Section 2.03.03, Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.03 Commercial Zoning Districts * * * * * * * B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density Page 9 of 34 Words struck through are deleted,words underlined are added 17E permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * 8. Personal services, miscellaneous (7299 - not listed as principle principal uses and limited to babysitting bureaus; birth certificate agencies; car title and tag services; computer photography or portraits; dating service; diet workshops; dress suit rental; tux rental; genealogical investigation service; hair removal; shopping service for individuals only; wardrobe service, except theatrical; wedding chapels, privately operated) with 1,800 square feet or less of gross floor area in the principal structure. * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). * * * * * * * Page 10 of 34 Words struck through are deleted,words underlined are added 17E a. Permitted uses. 42. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 589A 36 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). * * * * * * * 2. The following uses are permissible by right, or as accessory or conditional uses within the travel trailer-recreational vehicle campground district (TTRVC). * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the travel trailer recreational vehicle campground district (TTRVC), subject to the standards and procedures established in LDC section 10.08.00: 1. Camping cabins subject to the following standards: * * * * * * * * * * * * * x. If camping cabins are to be located in a flood hazard zone as delineated on the most recent flood insurance rate maps, all requirements of Chapter 62 of the Code of Laws and Ordinances and Florida Building Code Section 3.02.00 of this LDC must be met. * * * * * * * * * * * * * 3. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to the County Manager or designee and construction shall be in accordance with approved plans and specifications and further subject to the provisions of site development plans in section 10.02.03. Such plans shall meet the requirements of this district and shall show, at a minimum, those items identified herein. * * * * * * * * * * * * * 10. Flood program requirements. All travel trailers, park model travel trailers, recreational vehicles and accessory structures shall comply with the current Collier County Flood Damage Prevention Ordinance [Code ch. 62, art. II] if permanently attached to the ground or utility facilities. Page 11 of 34 Words-struck through are deleted,words underlined are added 17E 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 F. Golden Gate Parkway Overlay District (GGPOD) * * * * * * * 2. Applicability. * * * * * * * b. Property owners within the GGPOD may establish uses, densities, and intensities in accordance with the underlying zoning classification of the GGPOD. The design standards of the GGPOD pursuant to LDC section 4.02.06-26 shall apply. * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * 6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. * * * * * * * d. Density. Once the existing conditions site improvement plan is approved, owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit, so long as the minimum separation standards established in LDC section 2.03.067 G.6.c.i are met. * * * * * * * * Page 12 of 34 Words struck through are deleted,words underlined are added 17E Bayshore Zoning Overlay District (BZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BZO" on the applicable official Collier County Zoning Atlas Map or map series. 3. Relationship to the Underlying Zoning Classification and the GMP. a. The purpose of the BZO is to fulfill the goals, objectives and policies of the GMP, as may be amended. Specifically, the BZO implements the provisions of section V. G., Bayshore Gateway Triangle Redevelopment Overlay, of the FLUE. Portions of the BZO coincide with Mixed Use Activity Center #16 designated in the FLUE. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in LDC section 4.02.16. N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan. a. The purpose of the GTZO is to fulfill the goals, objectives and policies of the GMP, as may be amended. Specifically, the GTZO implements the provisions of section V. G., Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the GTZO that coincide with Mixed Use Activity Center#16 as designated in the FLUE of the GMP. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in LDC section 4.02.16. * * * * * * * 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. * * * * * * * b. Use Categories and Table of Uses. * * * * * * * iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts Page 13 of 34 Words struck through are deleted,words underlined are added 17E USE TYPE GTZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE a) RESIDENTIAL 7) Guesthouse A A 5.05.01 5.03.03 and 4.02.16 C.2. * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 2.03.08 — RURAL FRINGE ZONING DISTRICTS Section 2.03.08. Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 — Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District). * * * * * * * 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. * * * * * * * b. Rural villages. Rural villages, including rural villages within the NBMO, may be approved within the boundaries of RFMU receiving lands, subject to the following: * * * * * * * Page 14 of 34 Words struck through are deleted,words underlined are added 17E (1) Allowable Uses: (c) All permitted and accessory uses listed in the C-4 General Commercial District, section 2.03.023 (ED), subject to the design guidelines and development standards set forth in this Section. * * * * * * * B. Natural resource protection area overlay district (NRPA). 1. Purpose and intent. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. * * * * * * * a. NRPA overlay areas. NRPAs are located in the following areas: * * * * * * * (5) South Golden Gate Estates. The NRPA lands within the Rural Fringe Mixed Use District to which the Section 2.03.08 GB. regulations apply (i.e. - numbers 3 and 4 above) are depicted by the following map: * * * * * * * b. NRPAS designated as RFMU sending lands within the RFMU district. NRPAs located in the RFMU district are identified as RFMU sending lands and are further subject to the provisions, conditions and standards set forth in section 2.03.08 (A)(4). Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands to other identified "receiving" lands pursuant to cth the specific provisions set forth in section 2.01.03 of this Code. * * * * * * * Page 15 of 34 Words struck through are deleted,words underlined are added 17E SUBSECTION 3.1. AMENDMENTS TO SECTION 3.02.01 — FINDINGS OF FACT Section 3.02.01, Findings of Fact, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.01 Reserved in loss of life, property damage, health, and safety hazards, disruption of commerce and , , and general welfare. causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by structures vulnerable to floods or hazardous to the lands which are inadequately elevated, floodproofed, or otherwise inadequately protected from flood damages. SUBSECTION 3.J. AMENDMENTS TO SECTION 3.02.02 — PURPOSE Section 3.02.02, Purpose, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.02 Reserved Purpose It is the purpose of this section to promote the public health, safety, and general welfare, designed: A. To protect human life and health; control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged busine s interruptions; E. To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; G. To ensure, to the greatest degree po-sible, that potential home buyers are notified that H. To ensure that those who occupy the areas of special flood hazard assume responsibilities for their actions. Page 16 of 34 Words struck through are deleted,words underlined are added 17E SUBSECTION 3.K. AMENDMENTS TO SECTION 3.02.03 —APPLICABILITY Section 3.02.03, Applicability, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.03 Reserved AppliGability County, and identified by the Federal Insurance Administration in its flood insurance rate map (FIRM), dated Novembcr 17, 2005, and any revisions thereto. SUBSECTION 3.L. AMENDMENTS TO SECTION 3.02.04— EXEMPTIONS Section 3.02.04, Exemptions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.04 Reserved Exemptions substantial improvement as defined herein. SUBSECTION 3.M. AMENDMENTS TO SECTION 3.02.05 — BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD Section 3.02.05, Basis for Establishing the Areas of Special Flood Hazard, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.05 Reserved Basis for Establishing the Areas of Special Flood Hazard II 11 ' 1 s inspection in the office of the Clerk to the BCC located in Building "F", Collier County Courthouse, 3301 Tamiami Trail, East, Naplcs, Florida 34112. SUBSECTION 3.N. AMENDMENTS TO SECTION 3.02.06 — GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION Section 3.02.06, General Standards for Flood Hazard Reduction, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.06 Reserved In all areas of special flood hazards, the following provisions are required: A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. Page 17 of 34 Words struck through are deleted,words underlined are added 17E B. New construction and substantial improvements in the A Zones may be built on Ord significa ater rmitted toflow from—the subject premises onto abutting properties or into adjoining waters which are not County approved drainage cystem(s). C. Residential-Construction new construction or substantial improvement of any residential D. Non residential Construction new construction and substantial improvements of non residential structures shall have the lowest floor(including basemcnt)elevated to or abovc designed so that, below the base flood level, the structure is essentially waterproofed with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of provide a certification by a registered professional engineer or registered professional architect that the design standards of this section are satisfied. E. All new construction and substantial improvements shall be constructed with electrical, are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. All new construction or substantial improvements shall be constructed by methods and practices that will minimize flood damage. G. Openings all new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically floodwaters. Designs for meeting this requirement must either be certified by a registered minimum of two (2) openings having a total net area of not loss than one (1) square inch of all openings shall be no higher than one (1) foot above the level of the floor they are to devices, provided that they permit the automatic entry and exit of floodwaters. H. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floor) waters into the system New and replacement sanitary sewage systems shall be designed to minimize or eliminate inflow of flood waters into the systems and discharges from the systems into flood waters. J. On site waste disposal systems (including septic tanks) shall be designed and/or located to minimize or eliminate impairment to, or contamination from, them during flooding. K. Emergency generators for standpipe systems, in accordance with the requirements of the above the base flood elevation level, and all fuel tanks for said generators must be waterproofed and vented above the base flood elevation level. Page 18 of 34 Words struck through are deleted,words underlined are added 17E not required to be waterproofed or constructed with breakaway walls, provided registered adversely affect the structural integrity of the building in which they are located or any part thereof. M. All meter enclosures for self contained electric kilowatt hour meters serving buildings shall be located above the base flood elevation. If complying with this regulation results in a vertical-distance from finished grade to the center of the meter or meters of more than six (6) feet, the meter enclosure shall be located on the outside of an exterior wall with an unobstructed and ready access from an open exterior stairway. When it is necessary to to the center of the meter shall be four (/1) to six (6) feet. The meter shall be placed in a Enclosures will be allowed within the building, provided they are above the base flood elevation and located in meter rooms. SUBSECTION 3.0. AMENDMENTS TO SECTION 3.02.07 — SPECIFIC STANDARDS FOR CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS Section 3.02.07, Specific Standards for Construction Within Coastal High Hazard Areas, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.07 Reserved Specific Standards for Construction Within Coastal High Hazard Areas A. Coastal high hazard areas within the areas of speci hazards associated with high velocity waters from tidal surge and hurricane wave wash. Therefore, the following provisions shall apply: shall be elevated on pilings and columns so that the bottom of the lowest horizontal structural member of the lowest floor(excluding the pilings or columns) is elevated to or above the ba e floor! level; and the pile or column foundation and structure components Wind and water loading values shell each have a one (1) percent chance of being equaled or exceeded in any given year (100 year mean or review the structural design, specifications, and plans for the construction, and shall Qe-Pify that the design and methoas of constr„ct-i-Gn t� sed_aare in paragraph. 2. All new construction and substantial improvements within the coastal high hazard area shall have the space below the lowest floor either free of obstruction or insect screening intended to collapse under wind and water loads without causing Page 19 of 34 Words struck through are deleted,words underlined are added 17E building or supporting foundation system. For the purposes of this section, a (10) and no more than twenty (20), pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per permitted only if a registered professional engineer or architect certifies that the design proposed meets the following conditions: a. Breakaway wall collapse shall result from a water load less than that which b. The elevated portion o#the building and supporting foundation system shall not be-subject to collapse, displacement, or other structural damage due to the effects of wind on building components (structural and non-structural). Maximum wind and water loading values to be used in this determination shall each have one (1) percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). Such enclosed space shall be usable solely for parking of vehicles, building acces, or storage. effects of wind and water loads acting simultaneously on the pool. Exception: above-ground pools, for the private use of one or two-family dwellings that arc constructed with a vinyl liner as the main component �. It is prohibited to use fill for structural support of buildings within the coastal high hazard area It is prohibited to alter sand dunes and mangrove stands, within the coastal high hazard area, if the County Manager or designee determines that such alteration would increase potential flood damage. SUBSECTION 3.P. AMENDMENTS TO SECTION 3.02.08 — REGULATIONS WITHIN THE FLOODWAYS Section 3.02.08, Regulations Within the Floodways, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.08 Reserved Regulations Within fhe Flood days A. When floodways are designated within areas of special flood hazard, additional criteria shall be met. Since the floodway is an extremely hazardous area due to the velocity of provision shall apply: 1. Encroachments, including fill, new construction, substantial improvements and other developments, are prohibited, unless the property owner provides a certification by a professional registered engineer demonstrating that such occurrence of the base flood discharge. Page 20 of 34 Words struck through are deleted,words underlined are added 17E SUBSECTION 3.Q. AMENDMENTS TO SECTION 3.02.09 — REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES Section 3.02.09, Regulations for Mobile Homes and Recreational Vehicles, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.09 Reserved Regulations for Mobile Homes and Recreational Vehicles A. No mobile home shall be placed in the coastal high hazard area, as depicted on the county-wide Future Land Use Map, or in a floodway, except in an existing mobile home park or existing mobile home subdivision, or land already zoned to allow mobile home development. B. All mobile homes placed, or substantially improved, on individual lots or parcels, in expansions to existing mobile home parks or subdivisions, must meet all the requirements for new construction, including elevation and anchoring. BC. All mobile homes to be placed, or substantially improved, in an existing mobile home park or subdivision must be elevated on a permanent foundation such that the lowest floor of the mobile home complies with the minimum requirements of Chapter 62 of the Code of Laws and Ordinances. is at or above the bas securely anchored to This paragraph applies to: 1. Mobile homes to be placed, or substantially improved, in an existing mobile home park or subdivision. 2. Mobile homes to be placed, or substantially improved, in an existing mobile home park or subdivision, except where the repair, reconstruction, or improvement of the , utilities, and pads before the repair, reconstruction, or improvement has height above grade, or have their lowest floor at or above the base flood elevation, if this allows for use of a lower foundation. inches above finished grade on reinforced piers when the repair, reconstruction, or improvement of the streets, utilities, and pads equals or exceeds 50 percent of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement has commenced. CD. Evacuation plans shall be included in applications for new manufactured home parks and subdivisions, and for expansions to manufactured home parks and subdivisions, in flood hazard areas. The County Manager or designee shall review and approve such evacuation plans. All mobile home parks or subdivisions—must develop, and have approved by the County Manager or designee, a plan for evacuating the residents of '..ting mobile home parks or subdivisions. E. All recreational vehicles placed on sites within Zones Al 30, AH, and AE on the community's FIRM shall either: Page 21 of 34 Words struck through are deleted,words underlined are added 17E 1. Be on the site for fewer than 180 consecutive days; 2. Be fully licensed and ready for highway use; or 3. Meet the permit requirements of this section, and the elevation and anchoring requirements for "mobile homes" in accordance with this section. F. A recreational vehicle is ready for highway-use if it is on its wheels or jacking-..ystem, is attached to the site only hey quick dL.connect type utilities and security devices, and has no permanently attached additions. SUBSECTION 3.R. 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 Reserved 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 of the in NAVD. SUBSECTION 3.S. AMENDMENTS TO SECTION 3.04.02 — SPECIES SPECIFIC REQUIREMENTS Section 3.04.02, Species Specific Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.04.02 Species Specific Requirements B. Sea Turtle Protection. 5. It shall be unlawful, during the nesting season, to construct any structure, add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. Page 22 of 34 Words-struck through are deleted,words underlined are added 17E e. Minor structures, as defined by Florida Statutes Subsection 161.055, of the Coastal Zone Protection Act of 1985, shall be approved, provided that they also comply with: Chapter 62 of the Collier County Code of Laws and Ordinances. Federal requirements for eleb atin bove Oho 1 00 year floor) level r ii. Florida Building Code Collier County Building Code requirements for flood proofing, iii. Current building and life safety codes, Lie- Collier County and State of Florida Department of Environmental Protection CCSL/CCCL regulations, iv. Applicable disability access regulations of the American Disability Act (ADA), and vi. Any required Collier County zoning and other development regulations with the exception of existing density or intensity requirements established, unless compliance with such zoning or other development regulations would preclude reconstruction otherwise intended by the Build back Policy as determined by the Emergency Review Board established herein. SUBSECTION 3.T. AMENDMENTS TO SECTION 3.05.07— PRESERVATION STANDARDS Section 3.05.07, Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.07 Preservation Standards * * * * * * * H. Preserve standards. 1. Design standards. * * * * * * * * * * * * * e. Created preserves. Although the primary intent of GMP CCME Policy 6.1.1 is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. In keeping with the intent of this policy, the preservation of native vegetation off site is Page 23 of 34 Words struck through are deleted,words underlined are added 17E preferable over creation of preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. Applicability. Criteria for determining when a parcel cannot reasonably accommodate both the required on-site preserve area and the proposed activity include: (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) To provide for flood plain compensation as required by the LDC section 3.07.02. * * * * * * * SUBSECTION 3.U. AMENDMENTS TO SECTION 3.07.02 - INTERIM WATERSHED REGULATIONS Section 3.07.02, Interim Watershed Regulations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.07.02 Interim Watershed Regulations * * * * * * * C. Floodplain storage compensation calculation shall be provided on a case by case basis, based upon historical flooding and drainage problem area information, as determined by staff, for developments within flood hazard areas established in Chapter 62 of the Collier County Code of Laws and Ordinances the designated flood zones "A", "AE", and "VE" as depicted non the od e+Insurncce eMaps ppublisheed b the Federal Emergency "ray�gency� t�reffectidate-�of-November 17, 2005. Floodplain storage compensation calculations shall be provided on a case by case basis, based upon historical flooding and drainage problem area information, as determined by staff, for areas known to be periodically inundated by intense rainfall or sheetflow conditions. * * * * * * * SUBSECTION 3.V. 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 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 Page 24 of 34 Words struck through are deleted,words underlined are added 17E shall be not less than such minimum elevations as adopted by the BCC, Florida Building Code, Chapter 62 of the Code of Laws and Ordinances, FEMA/FIRM, or South Florida Water Management District (SFWMD) criteria. All lawful regulations with reference to bulkhead lines, saltwater barrier lines, and other appropriate regulations regarding land filling, conservation, excavations, demolition, and related regulations shall be observed during the construction of any improvements within Collier County. SUBSECTION 3.W. AMENDMENTS TO SECTION 4.02.11 — DESIGN STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS Section 4.02.11, Design Standards for Hurricane Shelters Within Mobile Home Rental Parks, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.11 - Design Standards for Hurricane Shelters Within Mobile Home Rental Parks C. The design and construction of the required shelters shall be guided by the wind loads applied to buildings and structures designated as "essential facilities" in the Florida Building Code Standard Building Code/1988 edition, table 1205. * * * * * * * * * * * * * SUBSECTION 3.X. AMENDMENTS TO SECTION 4.02.14 — DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS Section 4.02.14, Design Standards for Development in the ST and ACSC-ST Districts, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts * * * * * * * B. All development orders issued for projects within the ACSC-ST shall be transmitted to the State of Florida, Department of Economic Opportunity Commerce, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern. C. Site alteration within the ACSC-ST. * * * * * * * 11. Structure installation. a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation permitted for structures shall be at or above the elevation required by the Florida Building Code Page 25 of 34 Words struck through are deleted,words underlined are added 17E established by the administrator of the federal flood Insurance Administration. The construction of any structure in a flood hazard area shall meet additional requirements of Chapter 62 of the Code of Laws and d Ordinances federal flood insurance land management and use criteria c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land except as provided in Chapter 62 of the Code of Laws and Ordinances. SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.02.16 — DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Section 4.02.16, Design Standards for Development in the Bayshore Gateway Triangle Community Redevelopment Area, 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 Bayshore Gateway Triangle Community Redevelopment Area * * * * * * * C. Additional Standards for Specific Uses. Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. * * * * * * * 2. Accessory Uses to Residential Structures. An accessory 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, detached garage, swimming pool or guesthouse. * * * * * * * d. The guesthouse must be of new construction and must meet the requirements of the Florida Building Code National Flood Insurance Program (NFIP) first habitable floor elevation requirements. The guesthouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed 8 feet in width. * * * * * * * D. Building Types and Architectural Standards * * * * * * * 4. Building Type: HOUSE. Page 26 of 34 Words struck through are deleted,words underlined are added 17E c. Façade Requirements: A maximum of two feet of fill shall be allowed on sites in flood hazard areas to meet the elevation requirements of the Florida Building Code towards meeting National-FI od Insurance Program (NFIP) requirements. Additional NFIP finished habitable lowest floor height requirements shall be accomplished through stem wall construction. Stem walls shall be finished in material and color complimentary to the principal structure. ii. Open stilt-type construction is not permitted. On front yards, the foundation area below the first floor must be treated with a solid façade or lattice, which is consistent with the architectural style of the building and the floodplain protection standards of the Florida Building Code and Chapter 62 of the Code of Laws and Ordinances section 3.02.00. SUBSECTION 3.Z. AMENDMENTS TO SECTION 4.03.03 — SUBDIVISION EXEMPTIONS Section 4.03.03, Subdivision Exemptions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.03 — Subdivision Exemptions * * * * * * * G. Rural area subdivision requirements. * * * * * * * 3. Access agreement. The owner of property applying for a building permit shall execute a release and waiver agreement which shall be executed and recorded at the applicant's expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the county attorney or designee, and shall include, at a minimum, the following provisions and a copy of the recorded agreement submitted with the property owner's building permit application: * * * * * * * k. An acknowledgment that the Department of Economic Opportunity Commerce (DEO) may review and appeal any development order issued by Collier County within the Big Cypress Area of Critical State Concern. Also, confirmation that the applicant will execute, prior to issuance of any development order by Collier County, a statement of understanding of the DEO Department of Commerce review requirements in the form approved by the DEO Department of Commerce; and Page 27 of 34 Words struck through are deleted,words underlined are added 17E SUBSECTION 3.AA. AMENDMENTS TO SECTION 4.06.04 — TREES AND VEGETATION PROTECTION Section 4.06.04, Trees and Vegetation Protection, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.04—Trees and Vegetation Protection A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and filling for Site Development Plans (SDP), Site Improvement Plans (SIP), Plans and Plat (PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance with Section 3.05.05 and the following criteria. The following shall not apply to the Golden Gate Estates subdivision. 3. Stabilization: * * * * * * * e. For subdivisions and VRSFPs within subdivisions, excluding VRSFPs for clearing and filling of 5 lots or less or for temporary access pursuant to 4.06.04 A.2.a, b and c (above), a vegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted. Bonds shall be released to the applicant on a prorated basis based upon issuance of building permits or stabilization of fill. * * * * * * SUBSECTION 3.BB. AMENDMENTS TO SECTION 5.05.15 — CONVERSION OF GOLF COURSES Section 5.05.15, Conversion of Golf Courses, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.15 — Conversion of Golf Courses * * * * * * * C. Application process for conversion applications. * * * * * * * 2. Developer's Alternatives Statement requirements. The purpose of the Developer's Alternatives Statement (DAS) is to serve as a tool to inform stakeholders and the County about the applicant's development options and intentions. It is intended to encourage communication, cooperation, and consensus building between the applicant, the stakeholders, and the County. Page 28 of 34 Words struck through are deleted,words underlined are added 17E Via. Alternatives. The DAS shall be prepared by the applicant and shall clearly identify the goals and objectives for the conversion project. The DAS shall address, at a minimum, the three alternatives noted below. The alternatives are not intended to be mutually exclusive; the conceptual development plan described below may incorporate one or more of the alternatives in the conversion project. SUBSECTION 3.CC. AMENDMENTS TO SECTION 6.01.02 — EASEMENTS Section 6.01.02, Easements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.02 — Easements If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat and dedicated on the final subdivision plat. * * * * * * * C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum setback as required by the LDC, or other setback that may be approved as a deviation through the PUD approval process by the Board of County Commissioners from the boundary of such protected/preserve area in which no principle principal structure may be constructed. The required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the County Manager or designee; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary. Additional regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted or simply identified by a recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents Page 29 of 34 Words struck through are deleted,words underlined are added 17E the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. SUBSECTION 3.DD. AMENDMENTS TO SECTION 9.04.05 — SPECIFIC REQUIREMENTS FOR VARIANCES TO FLOOD HAZARD PROTECTION Section 9.04.05, — Specific Requirements for Variances to Flood Hazard Protection Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.04.05 — Reserved. Requirements A. General requirements. 1. Variances shall only be issued en a -determination ttee—variance is the minimum necessary, considering the flood hazard, to afford relief. 2. Variances shall only be issued upon: a. A showing of good and sufficient cause. hardship to the applicant. c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public - ncc, cr tc nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 3 In passssing upnon—ca—va ance, the Board of Zoning ppeals shall consider all the I DC• and the following criteria• a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; Page 30 of 34 Words struck through are deleted,words underlined are added 17E d. The importance of the services provided by the proposed facility to thc community; c. The nccc^city to thc facility of a waterfront location, where applicable; f Tho yailability of alternative locations not s bject �o flooding or ern damage, for thc proposed use; g. The compatibility of the proposed use with existing and anticipated development. h. The relationship of the proposed use to the GMP and flood plain management program for the area; �—Try-safety of access to the pr„per y in tice, emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities s ch s sewer ga electrical water systeme streets and bridge. �w�--vat u v o i v v a c c r�v�rci i iv �crcccv a ra-vrraac. I. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. m. Variances may be issued by a community for new construction and conduct of a functionally dependent use provided that the criteria of (a) through (I) of this section are met. n. Generally, variances may be issued for new construction and substantial 1 with existing structures constructed ems (a) through (I) have been fully considered. SUBSECTION 3.EE. AMENDMENTS TO SECTION 10.02.04 — REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS Section 10.02.04, — Requirements for Preliminary and Final Subdivision Plats, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04— Requirements for Preliminary and Final Subdivision Plats E. General Requirements for Construction Plans (CNSTR). Page 31 of 34 Words struck through are deleted,words underlined are added 17E * 2. Application and process. c. Construction plans shall be reviewed and approved pursuant to LDC section 10.02.04 B.3 and B.4, as applicable. * * * * * * * SUBSECTION 3.FF. AMENDMENTS TO SECTION 10.02.08 — REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS Section 10.02.08, — Requirements for Amendments to the Official Zoning Atlas, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.08— Requirements for Amendments to the Official Zoning Atlas * * * * * * * B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by: 1. Board of eCounty sCommissioners. 2. Planning oCommission. 3. Board of zZoning aAppeals. * * * * * * * SUBSECTION 3.GG. AMENDMENTS TO SECTION 10.04.04 —Applications Subject to Type III Review Section 10.04.04, —Applications Subject to Type III Review, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.04.04 Applications Subject to Type III Review The following applications are subject to Type III review: Variances; Administrative Appeals; Certificates of Appropriateness; conditional uses; nonconforming Use Amendments; Vested Rights; flood Variances; Parking Agreements. * * * * * * * SUBSECTION 3.HH. AMENDMENTS TO APPENDIX C- FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION Appendix C- Final Subdivision Plat, Required Certifications and Suggested Text and Formats for Other Required Information, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 32 of 34 Words struck through are deleted,words underlined are added 17E APPENDIX C — FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION A. DEDICATE TO THE (insert homeowners' association or legal entity): * * * * * * * 7. All conservation/preserve areas/easements as follows: ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO;_ CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE;, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 shall 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 Page 33 of 34 Words struck through are deleted,words underlined are added 1 7 E , .' or re-lettered to accomplish such, and the word "ordinance" may be changed to"section,""article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this,Z.tay of I )"\ CL (1\ , 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA AO . By: Oliasisei By: Attest s '• Che 4:-,puty Clerk HRIS HALL, Chairm-n -sit na _re only 'y�, Approved as to form and legality: r f \ L_ . -„ � r.C\ C�i . This ordinance filed with the Heidi F. Ashton-Cicko Secretary of State's office the Managing Assistant County Attorney ..-1 day of II I, 2Q?4 and acknawledg ment of that 04-CMD-01077/1991(03/26/24) film. rece'ved is I . day 23-LDS-00288/66 of ay .�:_♦ 14 BMirk Page 34 of 34 Words struck through are deleted,words underlined are added 17E .. n FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State April 1, 2024 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2024-11, which was filed in this office on April 1, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270