Agenda 07/29/2024Collier Count
Y
Growth Management Community Development
Development Services Advisory Committee
Land Development Review
Subcommittee
- Special Public Meeting -
Monday, July 29, 2024
3:00 pm
2800 N. Horseshoe Dr.
Naples, FL 34104
Growth Management Community Development
Department
Conference Room 609/610
If you have any questions or wish to meet with staff,
please contact,
Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov
Collier County
DSAC — Land Development Review Subcommittee
2024 Land Development Code Amendments
- Special Public Meeting -
Agenda
Monday, July 29, 2024
3:00 pm
2800 N. Horseshoe Dr., Naples, FL 34104
Growth Management Community Development, Conference Rooms 609/610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time.
Speakers are required to fill out a "Speaker Registration Form", list the topic they wish to address, and hand it to the Staff
member before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your
name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any
personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be
recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all
statements being made.
1. Call to order - Chairman.
2. Approval of Agenda
3. Old Business
a. PL20240005299 —
Major Transportation Hub (f.k.a. Major Transit Stop Definition) Page. 3
4. New Business
a. PL20240004278 — Immokalee Urban Area Overlay
Page. 7
b. PL20240008157 — Updated Approval of Residential Building Permits Page. 95
5. Public Speakers
6. Upcoming DSAC-LDR Subcommittee Meeting Dates:
a. Tuesday, October 15, 2024
7. Adjourn
FUTURE MEETING DATES:
For more information, please contact Eric Johnson at (239) 252-2931
or at Eric.Johnson@colliercountyfl.gov
,#)Collier County
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL2040005299
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES
Board TBD
CCPC TBD
DSAC TBD
DSAC-LDR 07/29/2024
05/21/2024
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment proposes to define transit
stop and major transportation hub. LDC amendments are reviewed by the
Board of County Commissioners (Board), Collier County Planning
Commission (CCPC), Development Services Advisory Committee
(DSAC), and the Land Development Review Subcommittee of the DSAC
(DSAC-LDR Subcommittee).
LDC SECTION TO BE AMENDED
1.08.02 Definitions
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval with recommendations TBD TBD
BACKGROUND
On April 9, 2024, the Board was asked to review and approve staff s administrative application process for
projects intending to utilize the provisions of Florida Statutes section 125.01055(7)(a) through (e), commonly
known as SB 102 or the Live Local Act. The Live Local Act preempts local government from regulating specific
development standards for certain projects providing affordable housing.
One topic that the Board discussed, is the requirement for the County to consider a reduction of parking
requirements for a proposed development located within one-half mile of a "major transit stop." The Live Local
Act specifically stated:
"A county must consider reducing parking requirements for a proposed development authorized
under this subsection if the development is located within one-half mile of a major transit stop, as
defined in the county's land development code, and the major transit stop is accessible from the
development."
During the Board's discussion, concern was raised with this requirement because the County's LDC does not
currently define "major transit stop" and therefore, the application of this provision has been left to staffs
interpretation. Staffs initial interpretation of a "major transit stop" included all bus stops along Collier Area
Transit (CAT) bus routes that include a covered bench structure. However, after discussing the matter at the
meeting and disagreeing with staffs interpretation, the Board unanimously voted to define "major transit stop"
as a public transit stop that would be represented by three existing CAT transfer stations located at: 1) Government
Center Transfer Station (3355 East Tamiami Trail, Naples); 2) Radio Road Transfer Station (CAT Headquarters)
(8300 Radio Road, Naples); and 3) Florida Department of Health Immokalee Office (419 N Pt Street,
Immokalee). These three transfer stations include public transportation services for four or more bus routes and
include public parking facilities for passengers to utilize.
While staff was drafting the proposed definition for "major transit stop," SB 328 was approved by the Florida
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\07-29\Materials\PL2040005299 MTH & TS Definition LDCA (07-
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,f Collier County
Senate and the Florida House of Representatives. SB 328 is an amendment to the Live Local Act and revises
several sections of the Act. One revision includes removal of "major" from "major transit stop", and incorporation
of a new term "major transportation hub" which is defined in the bill text as:
"Any transit station, whether bus, train, or light rail, which is served by public transit with a mix of
other transportation options."
SB 328 was signed by the Governor on May 16, 2024.
Due to the revisions of the Live Local Act through SB 328, staff prepared a definition for "transit stop" and "major
transportation hub."
DSAC-LDR Subcommittee Recommendation:
On May 21, 2024, the DSAC-LDR Subcommittee recommended that staff change the requested definition from
"major transit stop" to "transit stop" and "major transportation hub" and recommended the following:
1. Provide a definition for "transit stop" that includes a reference to "publicly funded transportation agency" as
opposed to naming CAT specifically.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational The proposed LDC amendment has been reviewed by
impacts anticipated with this amendment. Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: None
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Amend the LDC as follows:
1.08.02 — Definitions
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Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the public
records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water
under common ownership which has limited fixed boundaries, described by metes and bounds or
other specific legal description, the description of which has been so recorded in the public records
of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, or the
least fractional unit of land or water under common ownership which has limited fixed boundaries,
for which an agreement for deed or deed was recorded prior to October 14, 1974, if within the
former Coastal Area Planning District, and January 5, 1982, if within the former Immokalee Area
Planning District.
Maior transportation hub: Any transit station, whether bus, train, or light rail, which is
served by public transit with a mix of other transportation options. In the context of Florida
Statutes sections 125.01055 and 166.04151, three manor transportation hubs located within the
County are as follows: Government Center Transfer Station, Radio Road Transfer Station, and
Immokalee Transfer Station.
Marina: A boating facility, chiefly for recreational boating, located on navigable water
frontage, and providing all or any combination of the following: boat slips or dockage, dry boat
storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies,
bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include
dredge, barge, or other work -dockage or service, boat construction or reconstruction, or boat
sales lot.
Transfer of development rights: The transfer of development rights from one parcel to
another parcel in a manner that allows an increase in the density or intensity of development on
the receiving property with a corresponding decrease in the remaining development rights on the
sending property.
Transit stop: A designated area along a fixed, transit route where buses of a local, publicly
funded transportation agency stop to load and unload passengers.
Vegetation, Category 1 Invasive Exotic: Invasive exotic vegetation that alters native
vegetation communities by: displacing native plant species, changing the structure or ecological
functions of native plant communities, or hybridizing with native species; which includes all
species of vegetation listed on the 2003 Florida Exotic Pest Plant Council's List of Invasive
Species, under Category I.
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,C Collier County
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20240004278
ORIGIN
Board of County
Commissioners (Board)
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment renames the Immokalee
Urban Overlay District to the Immokalee Urban Area Overlay District
(IUAOD). All existing provisions of the Immokalee Urban Overlay
District, including its seven subdistricts would be superseded by the new
IUAOD and its seven subdistricts. LDC amendments are reviewed by the
Board, Collier County Planning Commission (CCPC), Development
Services Advisory Committee (DSAC), and the Land Development
Review Subcommittee of the DSAC (DSAC-LDR Subcommittee).
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 2.03.07 Overlay Zoning Districts
CCPC TBD 4.02.27 Specific Design Standards for the Immokalee—State Road
DSAC TBD 29A Commercial Overlay Subdistrict
DSAC-LDR 07/29/2024 4.02.28 Specific Design Standards for the Immokalee—Jefferson
Avenue Commercial Overlay Subdistrict
4.02.29 Specific Design Standards for the Immokalee—Farm Market
Overlay Subdistrict
4.02.30 Specific Design Standards for the Immokalee—Agribusiness
Overlay Subdistrict
4.02.31 Specific Design Standards for the Immokalee—Central
Business Overlay Subdistrict
4.02.32 Specific Design Standards for the Immokalee—Main Street
Overlay Subdistrict
4.02.33 Specific Design Standards for New Mobile Home Lots in the
Immokalee Urban Overlay Subdistrict
5.03.02 Fences and Walls, Excluding Sound Walls
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
The Immokalee Area Planning Commission was formed in 1965 and Immokalee was governed under separate
zoning regulations until 1982. The LDC would be amended later that year to define the Immokalee Area Planning
District. In 1991, the Board adopted provisions for the Immokalee Central Business District, providing written
and graphical boundaries of the district. In 1997, the Board adopted another ordinance for the Immokalee area,
establishing the State Road 29 Commercial Overlay District (SR29COD) and the Jefferson Avenue Commercial
Overlay District (JACOD). These overlay districts were superseded the following year when the Immokalee
Overlay District (Ordinance 1998-63) was established, which redesignated the SR29COD and the JACOD as
subdistricts of the overlay. Ordinance 1998-63 also established three additional subdistricts: Farm Market
Overlay Sub -District, Agribusiness Overlay Sub -District, and the Immokalee Central Business Sub -District. The
Immokalee Overlay District would be amended in 2000 when the Main Street Overlay Subdistrict was added.
The Non Conforming Mobile Home Park Overlay Subdistrict was established in 2002. Exhibit "A" provides a
list of LDC amendments specific to Immokalee between 1982 and today.
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,C Collier County
When the County adopted the Growth Management Plan (GMP) in 1989, it recognized there was a need to have
a separate Sector Plan for the Immokalee Community. In addressing this need, the County adopted the Immokalee
Area Master Plan (IAMP) as part of its batch amendments in connection with Ordinance 1991-15. The LAMP is
in addition to, and supplements the goals, objectives, and policies of the GMP. The major purposes of the IAMP
were to create better coordination of land use and transportation planning, stimulate redevelopment and/or
renewal of blighted areas, and to eliminate land uses inconsistent with the community's character. The IAMP
was amended 14 times between its initial adoption and 2019, when substantial changes were made connection
with Ordinance 2019-47. The most recent amendment to the IAMP occurred in 2023, which added the Transit
Oriented Development Subdistrict.
In 2000, the Board created a Community Redevelopment Agency (CRA) to focus on the rehabilitation,
conservation, or redevelopment of two distinct geographic areas in the County, one ofwhich being the Immokalee
Community Redevelopment Area. Later that year, the Board adopted the Community Redevelopment Plan
(Resolution 2000-181) for a 30-year timeframe. The Community Redevelopment Plan was amended in 2019 and
2022, which extended the term of the Immokalee Redevelopment Area to 2052. The amendment in 2022 outlined
five goals for future redevelopment efforts for Immokalee, based on community input: Celebrating Culture,
Economic Development, Housing, Infrastructure, and Implementation/Administration.
This LDC amendment was created in coordination with the Immokalee CRA and a Consultant with the intent to
improve the existing LDC regulations to better implement the intent of the updated LAMP. The team worked
with community stakeholders to analyze the existing regulations, including subdistricts; permitted, conditional
and accessory uses; permitted and bonus densities; and dimensional and design standards, to identify conflicting
provisions and potential impediments to redevelopment efforts. Substantive changes include but are not limited
to the following: reorganization of existing overlay subdistricts and creation of new subdistricts; updated overlay
maps; introduction of architectural and site design standards for the overlay; introduction of use tables per
subdistrict; and reorganization of development standards for the various subdistricts.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational To be provided by Comprehensive Planning Staff after
impacts associated with this amendment. first review.
EXHIBITS: A) List of LDC Amendments
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DRAFT
Amend the LDC as follows:
2.03.07 - Overlay Zoning Districts
G. Immokalee Urban Area Overlay District (IUAOD)
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1. Plumose and intent. The Durpose and intent of the IUAOD is to imDlement the
goals, objectives, and policies of the Immokalee Area Master Plan (IAMP) and
establish development criteria suitable for the unique character and land use
needs of the Immokalee Community. This section, along with LDC section 4.02.27,
provides support and implements the community's vision and the goals, objectives,
and policies established through the IAMP.
2. Applicability.
a. These regulations shall apply to the Immokalee Urban Area Overlay District
as identified by the designation "IUAOD" on the official Collier County
Zoning Atlas Maps. The boundary of the IUAOD is delineated on the map
below:
l
]i—
fi
k
Legend
Immokalee Area Urban - Jeff on Avenue
avenay wsrrmr 0 commecal ovcmay S
Tf10-Alignment /gr Lgop SubtlislHct -I
Roatl Oveuay SubtllaMct O AgHDuslnesYFarm MarAe[ me 1 �l �`�
Induslnel-M Vse Over lay Subdlcbicl 111
Commercial Overlay S.R. 19A Commercial �
Subtllsbict � OveHaV SubtllaMsi
Maln SVeer Overlay
SUDtllsnlct
Neks
Immokalee Area Urban Overlay District
THENEIGHBORHOOB IMMOKALEE AREA OVERLAY
-PAN,
Map 1 - Immokalee Urban Area Overlay District Boundary
b. The use regulations within this LDC section and the design standards of
LDC section 4.02.27 shall apply to all properties within the MOD as
depicted on Map 1.
C. Properties within the IUAOD may establish uses, densities, and intensities
in accordance with the IUAOD or the underlvina zonina classification.
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However, in either instance, the design standards of the IUAOD pursuant
to LDC section 4.02.27 shall apply.
d. Planned Unit Develoaments (PUDs) that existed Drior to XXX (date). and
properties with Provisional Uses (PU) approved prior to XXX, including
amendments or boundary changes to theses PUDs and Provisional Use
properties, are not subject to the IUAOD requirements. Any PUD proposed
after XXX (date) shall apply the provisions of the IUAOD, unless a deviation
is approved in accordance with LDC section 4.02.27 J.
3. Establishment of Subdistricts.
a. Main Street Overlay Subdistrict (MSOS). The purpose of this subdistrict is
to encourage development and redevelopment by enhancing and
beautifying the Main Street area through design and development
standards that promote an urban form and a walkable environment.
_ I O
Lrid�
MaD 2 — Main Street Overlav Subdistrict MaD
b. State Road 29A Commercial Overlav Subdistrict (SR290S). The Duraose
of the SR290SD (Map 3) designation is to encourage appropriate
commercial development along SR 29A. These commercial uses must be
located on a major arterial or collector roadway. The provisions of this
subdistrict are intended to provide broader commercial uses along the SR-
29 corridor and with development standards contained in LDC section
4.02.27 D. to ensure coordinated access and appropriate landscaping and
buffering compatible with nearby residential properties.
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a� Legend
& R M C-0w5na .W
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Map 3 — S.R. 29A Commercial Overlay Subdistrict Map
C. LooD Road Overlav Subdistrict (LROS). The Durpose of the LROS (MaD 4
designation is to encourage appropriate development along the SR 29
Loop Road which will support the efficient movement of goods and freight
in and around Immokalee. The provisions of this subdistrict are intended
to provide uses and standards that support commercial, agricultural and
industrial uses within the Immokalee Urban Area. Development standards
contained in LDC section 4.02.27 F. are provided to manage access points
along this corridor and to ensure appropriate landscaping and buffering for
allowed uses. This subdistrict encompasses 1,000 feet of land adjacent to
the final right-of-way alignment for the S.R. 29 Loop Road as determined
by the Florida Department of Transportation.
Properties to the north, east, and northeast of the S. R. 29 Loop Road right-
of-way shall allow uses by underlying zoning districts, and the uses
permitted within the overlay as listed in Table 1.
Properties to the west, south and southwest of the S. R. 29 Loop Road
right-of-way shall allow all permitted uses within the underlying zoning
districts and those uses allowed per Table 1 as Conditional Uses.
forthcoming
Map 4 - Loop Road Overlay Subdistrict Map
The final plan has not been confirmed to date for the Loop Rd.
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d. Jefferson Avenue Commercial Overlay Subdistrict (JACOS). The purpose
of the JACOS (Map 5) designation is to provide retail, office, transient
lodging facilities and highway commercial uses that serve the needs of the
traveling public. These commercial uses must be located on a major arterial
or collector roadway. The provisions of this subdistrict are intended to
provide increased commercial opportunity along Jefferson Avenue with
development standards contained in LDC section 4.02.27 G.; and ensure
coordinated access, appropriate landscaping and buffering to be
compatible with nearby residential properties.
Map 5 — Jefferson Avenue Commercial Overlay Subdistrict Map
e. Aaribusiness/Farm Market Overlav Subdistrict (AFOS) The Durpose of the
AFOS designation (Map 6) is to support the agriculture industry and related
businesses. The provisions of this subdistrict are intended to allow uses
such as production, processing, and distribution of farm -based goods, as
well as ancillary and supporting uses, including but not limited to, retail
sales, warehousing/storage, equipment repair and agricultural technology
and research-
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Legend
Awt- w
_ } I
all
Map 6 — Agribusiness/Farm Market Overlay Subdistrict Map
f. Industrial Mixed Use Commercial Overlay Subdistrict (IMCOS). The
purpose of the IMCOS designation (Map 7) is to allow uses contained
within the Industrial — Mixed Use Subdistrict with complementary
commercial uses as listed in Table 1. The overlay comprises
approximately 363 acres of which a maximum of 30 percent or
approximately 109 acres shall be commercial uses as permitted in the C-4
and C-5 zonina districts.
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Map — 7. Industrial Mixed Use Commercial Overlay
Subdistrict Map
Nonconformina Mobile Home Site Overlav Subdistrict.
i. 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.
ii. The purpose of these provisions is to recognize that there are
nonconforming mobile homes on properties in the Immokalee
Urban Area and to establish a Drocess to Drovide DrODerty owners
an official record acknowledging the permitted use of the property
and render existing mobile homes, and other structures, as lawful.
Travel trailers, regardless of the square footage, are not permitted
as a permanent habitable structure and may not seek relief under
this section. Properties that cannot meet the requirements may
pursue an agreement with the Board of County Commissioners to
establish comDliance with the followina reaulations.
iii. Property owners shall file an application as provided for in the
Administrative Code. ChaDter 4. Section 1.3.a. - Immokalee
Nonconforming Mobile Home Sites - Existing Conditions Site
Improvement Plan and shall only be subject to the criteria,
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requirements, and process expressly stated in the Administrative
Code and this LDC section.
iv. The following criteria shall apply to the existing conditions site
improvement plan approval process and shall be reviewed by the
County Manager or designee.
a) Minimum separation requirements shall be consistent with
State Fire Marshal Rule 69A-42.0041 Fire Separation
Requirements.
b) The Fire authority having jurisdiction shall provide written
confirmation that either the existing fire hydrant(s) or a
supplemental apparatus, provided by the Fire District, can
supply the required fire flow needed for fire protection.
c) NFPA 501A: Standard for Fire Safety Criteria for
Manufactured Home Installations, Sites, and Communities
as referenced in FAC 69A-60.005.
V. Once the existina conditions site improvement Dian is aaaroved
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 2.03.06 G.6.c.i are met.
a) Where DrODerties currentiv exceed the densitv allowed for
by the zoning district, the approved existing conditions site
improvement plan shall establish the maximum density on
the property which shall not exceed the density of the
property as depicted on the Property Appraiser aerial maps
dated before February 2016. All lots and units shall be
consistent with the approved existing conditions site
improvement plan.
b) Where the zoning district allows for additional density, new
mobile home units may be added and shall be identified on
the site plan. New mobile homes shall be subject to the
dimensional standards established in LDC section 4.02.33.
4. Table of uses.
a. The Table of Uses identifies uses as permitted uses (P) or Conditional
Uses (CU). Conditional uses shall require approval in accordance with the
procedures set forth in LDC section 10.08.00.
b. Table 1. In addition to the uses allowed by the underlying zoning district,
all DrODerties within the IUAOD shall be allowed the followina uses:
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AAT121
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Use Category
MSOS
SR290S
LROS
JACOS
AFOS
IMCOS
All Business Park (BP) district
P
uses
All Heavy Commercial (C-5)
P
district uses
All Research and Technology
P
Park PUD RTPPUD uses
Drive through areas
CU2
I CU5
P4
P4
Agricultural Uses
Agricultural outdoor sales'
P
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P
P
Crop preparation services for
P'
P
market, except cotton ginning
0723
Petroleum bulk stations and
P
P
P
terminals 5171
Petroleum and petroleum
P
P
P
products wholesalers, except
bulk stations and terminals
(5172 - gasoline: buying in bulk
and selling to farmers -wholesale
onl
Commercial Uses
Arrangement of passenger
P
P
transportation (4724-4729)
Auctioneering services, auction
CU
CU
CU
rooms 7389 5999
Auto and home supply stores
CU2
P
5531 installation
Automobile parking (Z521)CU2
P
Automotive dealers, not
CU2
P
elsewhere classified 5599
Automotive rental and leasing,
CU2
P
without drivers 7514 7515
Boat dealers 5551
CU
P
Carwashes 7542
CU2
P
Eating and drinking places
P4
P
(5812, 5813) All establishments
engaged in the retail sale of
alcoholic beverages for on -
premise consumption are
subject to the Iocational
requirements of LDC section
5.05.01.
Equipment rental and leasing
P
P
7359
Farm -product raw materials
P
P
P
P
5153-5159
Gasoline service stations 5541
CU2
P
Hotels and motels 7011
P
P
P
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Intercity and rural bus
CU
CU
CU
CU
trans ortation 4131
Motor vehicle dealers, new and
CU2
P
used 5511 5521
Motorcycle dealers (55_111
CU2
P
Radio and television repair
CU2
shops (7622 - automotive radio
repair shops only)
Recreational vehicle dealers
CU2
P
5561
Repair shops and related
P3
P3
P3
services 7699
Terminal and service facilities
CU
CU
CU
CU
CU
CU
for motor vehicle passenger
trans ortation 4173
Veterinary services (0741 and
P
CU
0742, excluding outdoor
kennelin
Wireless communication
CU
CU
facilities
Industrial Uses
Arrangement of transportation
P
P
freight and cargo (4731 )
Electric, gas, and sanitary
P
CU
services 4911-4971
Farm product warehouse and
P
CU
storage 4221
General warehousing and
CU2
P
P
P
storage 4225
Guided missiles and space
P
vehicles and parts 3761-3769
Local and suburban transit and
CU
CU
CU
CU
CU
CU
interurban highway passenger
transportation (4111-4121,
4141-4151)
Miscellaneous services
P
P
incidental to transportation
(4783, 4789)
Miscellaneous transportation
P
equipment 3792-3799
Motorcycles, bicycles, and parts
P
3751
Motor vehicles and motor
P
vehicle equipment 3714 3716
Outdoor storage yards
CU2
P
P
P
Refrigerated warehousing and
P
CU
storage 4222
Rental of railroad cars 4741
P
P
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Ship and boat building and
P
repairing 3731 3732
Special warehousing and
P
CU
storage 4226
Transportation by air (4512-
P
P
4581
Trucking and courier services,
P
CU
except air 4212-4215
Vocational schools 8243-8249
P
P
Wholesale trade 5148
P
P
P
2 ' Outdoor sales of agricultural products are permitted on improved or unimproved properties
3 provided the applicant submits a site development plan which demonstrates that provisions
4 will be made to adeauatelv address the followina:
6 i. Vehicular and pedestrian traffic safety measures.
7 ii. Parking for undeveloped properties will be calculated at a rate of 1/250 squarefeet
8 of merchandise area. A maximum of 10 percent of the parking required by LDC
9 section 4.05.04 may be occuDied or otherwise rendered unusable by the
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placement of temporary structures, equipment, signs, and merchandise. The
minimum number of disabled parking spaces pursuant to LDC section 4.05.07
shall be required.
iii. Limited hours of operation.
iv. Fencing, lighting_
V. Fire protection measures.
vi. Sanitary facilities.
vii. The applicant shall provide a notarized letter from the property owner granting
permission to utilize the subject property for agricultural outdoor sales.
viii. The placement of one (1) sign, a maximum of thirty-two (32) square feet, or two
(2) such signs for properties containing more than one (1) street frontage shall be
permitted.
ix. Agricultural products may be sold from a vehicle provided that the vehicle is not
located in the road right-of-way.
X. Agricultural products may be displayed within any front yard provided it does not
adversely affect pedestrian or vehicular traffic or public health or safety and is not
located within the road rights -of -way.
A. A minimum 5-foot landscape buffer comprised of a 5' high shrub, 4' on center shall
be required adjacent to any road rights -of -way. See Table 1 of 4.02.27.B.4.c.v for
all other buffer requirements.
2 Permitted only on properties with frontage on North First Street, South First Street, and
North Ninth Street within the Main Street Overlav Subdistrict.
s Limited to Agricultural equipment repair, industrial truck repair, machinery cleaning, repair
of service station equipment, tractor repair.
Permitted onlv when accessory to Gasoline Service Stations (5541) within the LOOD Road
Overlay Subdistrict.
s Conditional use applies unless allowed within the underlying zoning district.
C. Other Allowable Uses
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i. All agriculturally zoned lands within the IUAOD shall allow
agriculture research and development facilities, agri-business
offices and headquarters, and facilities, offices, headquarters and
apparatuses associated with an alternative energy use.
ii. All residentially zoned lands within the IUAOD shall allow small
agriculture -related business uses, such as fruit and vegetable
stands, and farmers markets, through the conditional use process.
d. Prohibited Uses. Main Street Overlav Subdistrict - All uses Drohibited
within the underlying residential and commercial zoning districts contained
within this Subdistrict, and the following uses, shall be prohibited on
properties with frontage on Main Street in between First Street and Ninth
Street in the Main Street Overlay Subdistrict:
i. Automobile parking (7521)
ii. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561,
5571, 5599).
iii. Facility with fuel pumps.
iv. Primary uses such as convenience stores and grocery stores are
prohibited from servicing and repairing vehicles in conjunction with
the sale of gasoline.
V. Automotive repair, services, parking (7514, 7515, 7521) and
carwashes (7542).
vi. Radio and television repair shops (7622 automotive).
vii. Outdoor storage yards and outdoor storage.
viii. Drive -through areas.
ix. Warehousing (4225).
X. Communication towers, as defined in LDC section 5.05.09, except
as otherwise permitted in this Subdistrict.
A. Any other heavy commercial use which is comparable in nature with
the forgoing uses and is deemed inconsistent with the intent of this
Subdistrict shall be prohibited.
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IMMOKALEE URBAN AREA OVERLAY
EAST HALF
s
auo IMMOI ALEE REGIONAL
AIRPORT
-"
F- -7
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1 the applicable offi � County Zoning Atlas. Maps The purpose of rnc-aPpnTT�-a��vrrr �-vvarrc� '�'�9�ccru�'�vTuP��Tc�arpv��
2 designation is to provide fer retail, effiee, transient lodging fadlities, and highway
3 eommeremal uses that serve the needs of the traveling publie. These
uses must be IrOGat 2d en a major -arterial nr GeTIrlonter roadway. The iicienc of
5 thms subdistrict are intended to provide an inereased Gommerdal depth along SR
70 with development standards that will surd orrlinat p anrd
6 =� =o�;, ,,JJ ,,.. e��-sl�,���„�et��1.,l�, Ewith
e"��„-rimed—ae�s�e,.s��,—,„a},,.�
7 ate I;andsGapiRg aRtd'r—Ktdf��.emputF�Vvtl �nearbyresid"e RtiaT
8 prepertie&-.
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IGfl:W*Z27_ AW-W.
0MM.WK7MTTIT. M _ _ .n:StLMr.
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contained within this S b district and the following uses are permitted a .,f
right in this Subdistrint:
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10 n Purposeandintent. T tpurpose of those provisions is to re GOgniizeT that
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•
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more than '10 s noes\ are insubstantial. To h�ppr�oyed, t.rh1yf� following
oriterio must he oensodererlbe Gensi���red.
NIPPON.@ W-M.M. IMANNIMM . M---I
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2.03.03 Commercial Zoning Districts,limited 1e the following
s,,T
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VMMM A 02 03 R Aceessery Building Lot Coverage
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# # # # # # # # # # #
4.02.27 - Architectural and Site Design Standards for the Immokalee Urban Area Overlay
District (IUAOD) SpeeificDesign StandardsfeFthe Immekalee—State Read 29
Gemmeronal Overlay Subdistrict
A. General.
1. The provisions of LDC section 4.02.27 shall apply to all new non-residential
buildings and projects within the IUAOD. This section also applies to existing
buildings where any addition or renovation will result in a change to more than 75
oercent of the facade area. or the addition or renovation exceeds 50 percent of the
square footage of the gross area of the existing building(s).
2. Residential uses shall be regulated by the underlying zoning districts and
applicable development standards.
3. LDC section 4.02.27 replaces and supersedes LDC section 5.05.08 Architectural
and Design Standards. When conflicts arise between LDC section 4.02.27
standards and other code sections. LDC section 4.02.27 standards shall aovern.
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4. Nonconforming buildings approved for use and occupancy prior to November 10,
2004, shall not be enlarged or altered in a way which increases the nonconformity.
All alterations or facade improvements to nonconforming buildings shall be
consistent with LDC section 4.02.27 and shall be reviewed for compliance by the
County Manager or designee; however, unaltered portions of the nonconforming
building will not be required to comply.
5. Exceptions.
a. A historic site, structure, building, district, or property that has been
identified and documented as being significant in history, architecture,
archaeology, engineering, or culture and is registered through the National
Register of Historic Places.
b. The Rural Agricultural (A) zoning district as established in the Zoning Atlas.
C. Facades facing an interior courtyard provided the facades are not visible
from any public property (e.g., street, right-of-way, sidewalk, alley), interior
drive, parking lot, or adjacent private property.
d. The following shall be exempt from the standards of LDC section 4.02.27
Architectural and Site Design Standards for the IUAOD. The expanded
selection of exterior materials and color included in LDC section 4.02.27
B.2.k. for the IUAOD shall apply.
i. Routine repairs and maintenance of an existing building_
Public utilitv ancillary systems Drovided that a buildina shall not
have any wall planes exceeding 35 feet in length, excluding storage
tanks, or have an actual building height greater than 18 feet,
excluding storage tanks and communications equipment. See LDC
section 4.06.05 BA for screenina reauirements of fences and walls
surrounding public utility ancillary systems.
e. Agribusiness/Farm Market Overlay Subdistrict (AFOS).
i. The following uses, located within the AFOS and as identified in the
Standard Industrial Classification Manual, are exempt from the
Drovisions set forth in LDC section 4.02.27.
a) Agricultural Services (0723).
b) Wholesale Trade (5148).
c)gricultural Outdoor Sales.
B. Immokalee Urban Area Overlay District (IUAOD).
1. Architectural styles. The architectural styles which are present and encouraged
within IUAOD include. but are not limited to. the followina:
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a. Spanish Vernacular.
i. Mediterranean style. Also known as Spanish Eclectic or Spanish
Colonial Revival. Characteristics typically include barrel tile, low-
pitched roofs usually with little or no overhang, parapets, arches,
stucco, and asymmetrical facades. Buildings typically contain the
following: multi -level roofs composed of barrel tile (half cylinders) or
Spanish Tile (s-curved shape) in red and earth tones, facade of
stucco with sand finish or hand troweled, arched windows (some
triple -arched), ornamentation contain full arches and patterned tiles
or sinale tile for accent.
ii. Mission style. Influenced by the Spanish Colonial Style.
Characteristics typically include barrel tile roofs, arches, earth tone
colors, and asymmetrical facades finished in stucco. Similar to the
Mediterranean Style but exhibiting much less ornamentation and
detailing. Mission Style buildings typically contain flat roof with
curvilinear parapets are most common, Barrel Tile (half cylinders)
or Spanish Tile (s-curved shape), stucco with sand finish or hand
troweled. and ornamentation containina full arches.
b. Frame Vernaculars. Also known as Florida Cracker or Kev West Stvle.
Some frame vernacular buildings in Florida exhibit a Caribbean influence,
while others are more utilitarian or rural in nature. Most familiar elements
of this style are the use of horizontal siding for facade finish, elaborate
wood balustrades, large porches, and metal roofs. Buildings typically
contain metal roof (5v panels or narrow standing seam), lapped siding with
corner boards (wood or vinvl) and ornamentation of aable end or eave
brackets.
C. ContemDorarv. ContemDorary architecture focuses on innovation while
being in harmony with nature through the use of clean geometric lines and
elements such as openness both in interiors and to the outside, natural
light, eco-friendly materials and creative styles. This is achieved through
the use of a range of building materials such as concrete, glass, wood, and
metals.
2. Buildina Desian Standards.
a. Building facades. The following standards apply to all non-residential
buildings that are subject to LDC section 4.02.27, except as noted above.
i. All primary facades of a building must be designed with consistent
architectural style, detail, and trim features.
ii. Buildings or projects located at the intersection of two or more
arterial or collector roads shall include design features to
emDhasize their location as aateways and transition points within
the commun
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b. Principal entrance facade standards.
i. Building entrance. Buildings located along a public or private street
must be designed with the principal entrance clearly defined, and
with convenient access from both parking and the street.
ii. Design features. The design of principal entrance facades must
include, at a minimum, three of the following design features.
However, a minimum of two of the following design features is
reauired for buildinas less than 5.000 sauare feet.
a) Glazina coverina a minimum of 25 Dercent of the arinciDal
entrance fagade area, consisting of window and/or glazed
door openings. As an alternative, trellis or latticework on the
principal entrance facade used as a support for climbing
plants may count for up to 50 percent of the window area on
principal entrance facades. The planting area shall be an
irriaated bed three (3) feet in depth and a minimum width
equal to the width of the trellis with three (3)-gallon vines all
three (3) feet on center at time of installation. Climbing
Dlants shall achieve 80 Dercent ODacity on the trellis within
one year.
b) Proiected or recessed covered DrinciDal entrance facades
providing a minimum horizontal dimension of eight feet and
a minimum area of 100 square feet. In addition, a minimum
of 15 percent of the principal entrance facade area must be
devoted to window and/or glazed door openings.
c) Covered walkway, or arcade (excluding canvas type)
constructed with columns at least eight (8) inches wide,
attached to the building, or located no more than 12 feet
from the building. The structure must be permanent, and its
design must relate to the principal structure. The minimum
width must be six (6) feet, with a total length measuring a
minimum of 40 percent of the length of the associated
fagade. In addition, a minimum of 15 percent of the principal
entrance facade area must be devoted to window and/or
glazed door openings.
d) Awnings located over doors, windows, or other ornamental
design features projecting a minimum of two (2) feet from
the principal entrance fagade wall and a width totaling a
minimum of 25 percent of the principal entrance facade
length. In addition, a minimum of 15 percent of the principal
entrance facade area must be devoted to window and/or
glazed door openings.
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e) Porte-cochere with a minimum horizontal dimension of 18
feet. In addition, a minimum of 15 percent of the principal
entrance facade area must be devoted to window and/or
glazed door openings.
f) A tower element such as but not limited to a clock or bell
tower element. In addition, a minimum of 15 percent of the
principal entrance facade area must be devoted to window
and/or glazed door openings.
Trellis or latticework covering a minimum of 15 percent of
the principal entrance facade and used as a support for
climbing plants. The planting area shall be an irrigated bed
three (3) feet in depth and a minimum width of the trellis with
three (3)-gallon vines at three (3) feet on center at time of
installation and climbing plants shall achieve 80 percent
opacity on the trellis within one year. This provision shall not
be utilized with the alternative design feature identified in
LDC section 4.02.27 B.2.b.ii.a.
Entry plaza to the building with a minimum 100 square feet
in area that includes seating. In addition, a minimum of 15
percent of the primary facade area must be devoted to
window and/or glazed door openings.
i) Entry courtyard contiguous with the building entry and
connected to the principal entrance facade consisting of a
defined space with a minimum area of 300 square feet. The
courtyard may be any combination of hard or softscape with
walkways and defined hard edge, decorative fencing, or a
minimum three (3)-foot wall(s). In addition, a minimum of 15
percent of the principal entrance facade area must be
devoted to window and/or glazed door openings.
1� For mixed use development projects within C-1 through C-
3 zoning districts the following architectural options are
available in addition to the list of required design features
contained above:
Open arcade or covered walkway with a minimum
depth of eight (8) feet and a minimum length of 60
percent of the facade.
ii) A building recess or projection of the first floor with
minimum depth of eight (8) feet and total minimum
length of 60 percent of the facade length.
iii) Architectural elements such as balconies and bay
windows with a minimum depth of three (3) feet and
that cover a minimum of 30 percent of the facade
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above the first floor. (Storm shutters, hurricane
shutters, screen enclosures or any other
comparable feature, if applied as part of the
structure, must also comply with the required
minimum depth).
C. Facade/wall height transition elements.
i. Purpose. The intent of this section is to ensure that the proposed
buildings relate in mass and scale to the immediate streetscape and
the adiacent built environment.
ii. Applicability. Transitional massing elements must be provided on
proposed buildings that are twice the height or more of any existing
building within 150 feet, as measured from the edge of the proposed
building.
iii. Desian standards.
a) Transitional massing elements can be no more than 100
percent taller than the average height of the adjacent
buildings, but no more than 30 feet, and no less than ten
(10) feet above the existing grade.
b) Transitional massing elements must be incorporated for a
minimum of 60 percent of the length of the fagade, which is
in part or whole within the 150 feet of an existing building.
c) Transitional massina elements include. but are not limited
to, wall plane changes, roofs, canopies, colonnades,
balconies, other similar architectural features, with the
minimum depth for projections and recesses relative to the
building size, and must meet the following requirements:
i) For buildings consisting of 20,000 square feet or
larger in gross building area, projections and
recesses must have a minimum depth of six (6) feet.
For buildings between 10,000 and 19,999 square
feet in gross building area, projections and recesses
must have a minimum depth of four (4) feet.
iii) For buildings up to 9,999 square feet in gross
building area, projections and recesses must have a
minimum depth of two (2) feet.
d. Variation in massing. A single, large, dominant building mass must be
avoided. Changes in mass must be related to entrances, the integral
structure and the organization of interior spaces and activities, and not
merelv for cosmetic effect. False fronts or DaraDets create insubstantial
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appearance and are discouraged. All facades, excluding courtyard area,
shall be designed to employ the design treatments listed below.
i. Projections and recesses.
a) For buildinas 20.000 sauare feet or laraer in floor area. a
maximum length, or uninterrupted curve of any facade, at
any point, shall not exceed 125 linear feet. Projections and
recesses must have a minimum depth of six (6) feet within
the 125 linear feet limitation.
b) For buildinas between 10.000 and 19.999 sauare feet in
floor area, a maximum length, or uninterrupted curve of any
facade, at any point, shall not exceed 100 linear feet.
Projections and recesses must have a minimum depth of
four (4) feet within the 100 linear feet limitation.
c) For buildings between 5,000 and 9,999 square feet in floor
area. a maximum lenath. or uninterruDted curve of anv
facade, at any point, shall not exceed 75 linear feet.
Projections and recesses must have a minimum depth of
two (2) feet within the 75 linear feet limitation.
d) For buildinas less than 5.000 sauare feet in floor area. a
maximum length, or uninterrupted curve of any facade, at
any point, shall not exceed 50 linear feet. Projections and
recesses must have a minimum depth of one and a half (1.5)
feet, and a minimum total width of 20 percent of the facade
length.
Illustration - Measurement of projections and recesses.
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e. Wall Plane Chan
i. Buildings subject to the projections or recesses depths required by
LDC section 4.02.27 A.1 must not have a single wall plane
exceeding 60 percent of each facade.
ii. If a building has a projection or recess of 40 feet or more, each is
considered a separate facade, and must meet the requirements for
wall plane changes in LDC section 4.02.27 B.2.e.i.
Illustration Wall Plane Percen
f. Building design treatments. In addition to the principal entrance facade, the
following design treatments must be an integral part of the building's design
and integrated into the overall architectural style. Primary facades, other
than the principal entrance facade, must have at least four (4) of the
following building design treatments. However, a minimum of two (2) of the
following design treatments are required for buildings less than 5,000
square feet:
Canopies. Dorticos. or Dorte-cocheres. intearated with the buildina's
massing and style;
ii. Overhangs, minimum of three (3) feet;
iii. Colonnades or arcades, a minimum of eight (8) feet clear in width;
iv. Sculptured artwork;
V. Murals;
vi. Cornice minimum two (2) feet high with 12-inch projection;
vii. Peaked or curved roof forms;
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viii. Arches with a minimum 12-inch recess depth;
ix. Display windows;
X. Ornamental and structural architectural details, other than cornices,
which are integrated into the building structure and overall design;
xi. Clock or bell tower, or other such roof treatment (i.e., dormers,
belvederes, and cupolas);
xii. Proiected and covered entrv. with minimum dimension of eiaht (8
feet and the minimum area of 100 square feet;
xiii. Emphasized building base, minimum of three (3) feet high, with a
minimum projection from the wall of two (22) inches;
xiv. Additional roof articulation above the minimum standards:
xv. Curved walls:
xvi. Colum
xvii. Pilasters;
xviii. Metal or tile roof material;
xix. Expressed or exposed structural elements;
xx. Additional alazina at a minimum of 15 Dercent bevond the code
minimum requirement;
xxi. Solar shading devices (excluding awnings) that extend a minimum
of 50 percent of the length of the building fagade;
xxii. Translucent glazing at a minimum of 10 percent beyond the code
minimum glazing requirement;
xxiii. Glass block at a minimum of 10 Dercent bevond the code minimum
glazing requirement: or
xxiv. Where the optional design feature in LDC section 4.02.27 B.2.a. is
chosen and 85 percent of all exterior glazing within the first three
stories of the building have any of the following_
a) Low reflectance, opaque glazing materials (may include
spandrel glass with less than 15 percent reflectance);
kb) Glass with visual patterns consisting of opaque points or
patterns etched into or applied to the exterior or interior
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surfaces with frit, frost, or film for single pane or insulated
glass. A maximum of two (2) inch spacing between
horizontal elements and a maximum of four (4) inch spacing
between vertical elements, with a minimum line or dot
diameter thickness of one -eighth (%) inch;
c) Glass with continuous etch or continuous frit on interior
surface, single pane, or insulated glass; or
d) External screens.
Window standards.
i. False or applied windows are allowed but shall not be included in
the glazing requirement for principal entrance facades.
ii. Spandrel panels in curtain wall assemblies are allowed and shall be
included in the minimum glazing required for principal entrance
facades.
Additional standards for outparcels and freestanding buildings within a non-
residential or mixed -use PUD or unified develoDment Dlan.
i. Purpose and intent. To provide unified architectural design and site
planning for all on -site structures, and to provide for safe and
convenient vehicular and pedestrian access and movement within
the site.
ii. Facades standards. All facades must meet the requirements of LDC
section 4.02.27 B.2.f. Building design treatments.
a) Primary facades. All exterior facades of freestandin
structures, including structures located on outparcels, are
considered primary facades except for one secondary
facade as defined below, and must meet the requirements
of this section with respect to the architectural design
treatment for primary facades in LDC section 4.02.27.B.2.,
except for those facades considered secondary facades.
b) Secondary facades. Outaarcels and freestandina buildinas
are allowed one secondary facade. One facade of a
freestanding structure, including structures located on
outparcels, that is internal to the site and that does not abut
or face public or private streets or internal drive aisles
adjacent to the development.
iii. Design standards. The design for freestanding buildings must
employ architectural, site and landscaping design elements
integrated with, and common to those used on the primary structure
and its site. These common desian elements must include colors.
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building materials, and landscaping associated with the main
structure. All freestanding buildings must provide for vehicular and
pedestrian inter -connection between abutting outparcels or
freestanding sites and the primary structure.
iv. Primary facade standards. The following design feature is an
additional option which can be used to meet the requirement in LDC
section 4.02.27 B.2.b.ii. Primary fagade design features: Walls
expanding the design features of the building, not less than seven
(7) feet high, creating a courtyard not less than 12 feet from the
building and length of no less than 60 percent of the length of the
associated fagade. The courtyard may be gated and able to be
secured from exterior public access. Grilled openings are allowed if
the courtyard is landscaped. Opening depths or wall terminations
must be a minimum of 12 inches deep. If the courtyard contains
service or equipment, the height and design must prevent view from
the exterior. Courtyard walls are not to be considered fences.
Roof treatments.
Purpose and intent. Variations in rooflines are used to add interest
and reduce the massing of large buildings. Roof height and features
must be in scale with the building's mass and shall complement the
character of surrounding buildings and neighborhoods. Roofing
materials must be constructed of durable, high -quality material in
order to enhance the appearance and attractiveness of the
community. The following standards identify appropriate roof
treatments and features.
ii. Roof edge and parapet treatment.
a) When a building's largest floor is greater than 5,000 square
feet in floor area a minimum of two (2) roof -edge or parapet
line changes are required for all primary fagades. One such
change must be located on primary facades. Thereafter,
one (1) additional roof change is required every 100 linear
feet around the perimeter of the building. If a vertical change
is used, each vertical change from the dominant roof
condition must be a minimum of 10 percent of building
height, but no less than three (3) feet. If a horizontal change
is used, each horizontal change from the dominant roof
condition must be a minimum of 20 percent of the fagade
length, but no less than three (3) feet.
b) Roofs. other than mansard roofs. with the sloae ratio of 3:12
or higher are exempt from the above requirements for
vertical change for the facades that are less than 200 feet.
One roof edge, or parapet line change must be provided for
every 200 linear feet of the facade length.
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iii. Roof design standards. Roofs must meet the following
requirements:
a) When Darapets are used. the averaae heiaht of such
parapets must not exceed 20 percent of the height of the
supporting wall, with exception of the parapets used to
screen mechanical equipment. Parapets used to screen
mechanical equipment must be no less than the maximum
height of the equipment. The height of parapets shall not, at
any point, exceed one-third (1/3) the height of the supporting
wall.
b) When a flat roof is screened with a parapet wall or mansard
roof at any facade, a parapet or mansard roof treatment
must extend along the remaining facades.
c) When sloped roofs are used, the massing and height must
be in proportion with the height of its supporting walls.
SloDed roofs must meet the followina reauirements:
i) Sloped roofs that are higher than its supporting walls
must feature elements that create articulation and
reduce the massing of the roof. This includes: clear
story windows, cupolas, dormers, vertical changes,
or additional complementary colors to the color of
the roof.
ii) The color(s) of a sloped roof must complement the
color(s) of the facades.
iv. Prohibited roof types and materials. The following _ roof oof types and
roof materials are Drohibited:
a) Asphalt shingles, except laminated, 320-pound, 30-year
architectural grade asphalt shingles or better.
b) Mansard roofs and canopies, unless they meet the following
standards -
Minimum vertical distance of eight (8) feet is required
for buildings larger than 20,000 square feet.
ii) Minimum vertical distance of six (6) feet is required
for buildings of up to 20,000 square feet of floor area.
iii) The roof angle shall not be less than 25 degrees,
and not greater than 70 degrees.
c) Awninas used as a mansard or canoav roofs.
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j. Awning standards. These standards apply to those awnings associated
with and attached to a building or structure.
i. Mansard awnings, which are those awnings that span 90 percent,
or more, of a facade length and those which do not provide a
connection between facades, must adhere to all roof standards of
LDC section 4.02.27 B.2.i. Roof treatments.
ii. All other awnings, which are awnings that constitute less than 90
percent of a fagade length, and those that do not provide a
connection between facades. must adhere to the followina
stanctarcts
a) The portion of the awning with graphics may be backlit,
provided the illuminated portion of the awning with graphics
does not exceed size limitations and the other sign
standards of LDC sections 5.06.00, 9.03.00, and 9.04.00.
b) The location of awninas must relate to the window and door
openings, or other ornamental design features.
Materials and colors.
Purpose and intent. Exterior buildina colors and materials
contribute significantly to the visual impact of buildings on the
community. The colors and materials must be well designed and
integrated into a comprehensive design style for the project.
Intense, deep colors are appropriate for creating a Spanish
influenced architectural character. Building trims (windowsills, door
frames, ornamental features, etc.) should be highlighted with a
different color from that of the building body color. Frame
Vernacular architectural stvle reflects less intense. softer color
shades highlighting architectural details in bright white.
ii. Exterior building colors.
a) The use of color materials or finish paint above level 14
saturation (chroma) or below lightness level three (3) on the
Collier County Architectural Color Charts is limited to no
more than 50 percent of a fagade or the total roof area.
b) The use of naturally occurring materials are permissible,
such as marble, granite, and slate and the following man-
made materials: silver unpainted metal roofs, and
composite wood and decking materials.
iii. Exterior building materials (excluding roofs). The following building
finish materials are limited to no more than 50 percent of the fagade
area:
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a) Corrugated, or metal panels.
b) Smooth concrete block.
3. Desian Standards for Specific Buildina 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.
a. Self -storage buildings. Self -storage buildings are subject to all of the
applicable provisions of this section with the following exceptions and
additions:
i. Overhead doors. Overhead doors are permitted on the primary
facade of self -storage buildings within the IUAOD.
Screen walls. When a wall is Droaosed to screen the facilitv. it must
be constructed of material similar and complementary to the
primary building material and architecture. Long expanse of wall
surface shall be broken into sections no longer than 50 feet and
desianed to avoid monotonv by use of architectural elements such
as pillars.
iii. Single -story self -storage buildings. LDC section 4.02.27 B.2.b.
Primary facade design features can be replaced with one of the
following two options:
a) Option 1.
i) A minimum of 20 percent of the primary facade area
must be alazed: and
A covered Dublic entry with a minimum roof area of
80 square feet and no dimension less than eight (8)
feet, or a covered walkway at least six (6) feet wide
with a total length measuring no less than 60 percent
of the length of the fad
b) Option 2. If the project design incorporates a screen wall
around the perimeter of the self -storage facility, the following
standards apply:
i) Architecturally treated, six (6)-foot high, screen wall
is required to screen the facility.
ii) The roof slope for the buildings is a minimum of 4:12
ratio for double slopes, and 3:12 ratio for single
slope.
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iii) A landscape buffer at least seven (7) feet wide
consisting of 10 shrubs (per 100 linear feet) is
required on the exterior of the wall. Shrubs shall be
10 feet on center, 24 inches tall at planting and
maintained at 36 inches.
c) In the case that none of the above options are met, then
LDC section 4.02.27 B.2.b. Primary facade design features
must be met.
iv. Multi -story self -storage buildings. The requirements of LDC section
4.02.27 B.2.b. primary fagade design features can be replaced with
one of the following two options:
a) Option 1.
i) A minimum of 20 percent of the primary facade area
must be alazed: and
A covered Dublic entry with a minimum roof area of
80 square feet and no dimension less than eight (8)
feet, or a covered walkway at least six (6) feet wide
with a total length measuring no less than 60 percent
of the length of the facade; and
Foundation Dlantina areas must be a minimum of 10
percent of the ground level building area for all
buildings. The plantings can be clustered as desired;
however, some plantings must be provided on both
sides of the building's principal entrance.
b) Option 2. If project design incorporates a screen wall around
the perimeter of the self -storage facility, the following
standards apply:
i) Architecturally treated, eight (8) feet high screen wall
is required to screen the ground floor of the facility;
and
A landscape buffer at least seven (7) feet wide
consisting of 10 shrubs (per 100 linear feet) is
required on the exterior of the wall. Shrubs shall be
10 feet on center, 24 inches tall at planting and
maintained at 36 inches; and
iii) Primary facades above the ground level must
include glazing, covering at a minimum 20 percent
of the facade area; and
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iv) Foundation planting areas must be a minimum of 10
percent of the ground level building area for all
buildings. The plantings can be clustered as desired;
however, some plantings must be provided on both
sides of the building's principal entrance.
c) In the case that none of the above options are met, then
LDC section 4.02.27 13.2.b. primary fagade design features
must be met.
All facilities with fuel pumps. The
Facilities with fuel pumps shall be
following exceptions:
visions of LDC section 5.05.05
cable within the IUAOD with the
i. LDC section 5.05.05 C. shall apply except the architectural
requirements of LDC section 5.05.08 are replaced and superseded
by LDC section 4.02.27.
LDC section 5.05.05 C.1.b.iv.b shall not limit eave fascia cano
colors to a sinale color.
iii. LDC section 5.05.05 D. Supplemental standards for facilities with
fuel pumps within 250 feet of residential property.
iv. LDC section 5.05.05 E. The following landscape requirements
under subsection 4.02.27 B.3.c.ii are in addition to the requirements
of LDC section 4.02.27 B.4 Buffer and Landscaping Requirements.
C. Facilities with fuel DumDs within 250 feet of residential DrODerty. Facilities
with fuel pumps shall be subject to the following standards when located
within 250 feet of residentially zoned or residentially developed properties,
hereinafter referred to as "residential property," as measured from the
property line of the facility with fuel pumps to the residential property line.
However, a facility with fuel pumps shall be exempt from LDC section
4.02.27 B.3.b when it is separated from residential property by a minimum
of 100 feet of designated preserve area that is 80 percent opaque and at
least 12 feet in height within one year, or a minimum four (4)-lane arterial
or collector right-of-way.
i. Setbacks. All structures shall provide a minimum 50-foot front, side,
and rear yard setback from residential property line(s).
Landscapina and masonry wall standards. Facilitv with fuel DumDs
sites shall be separated from residential property by a 15-foot-wide
Type D landscape buffer with an architecturally designed masonry
wall. The masonry wall shall be eight (8) feet in height, centered
within the landscape buffer, and shall use materials similar in color,
pattern, and texture to those utilized for the principal structure.
iii. Music. amDlified sound. and delivery time standards.
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a) Music and amplified sound shall not be played in the fuel
pump area between the hours of 10:00 p.m. and 7:00 a.m.
b) Music and amplified sound shall not be audible from the
residential property line.
c) Deliveries shall be prohibited between the hours of 10:00
p.m. and 7:00 a.m. in the area located between the
neighboring residential property and the facility with fuel
pumps.
iv. Lighting standards.
a) All light fixtures shall be directed away from neighboring
properties.
b) On -site light fixtures within 50 feet of residential property
shall not exceed a height greater than 15 feet above finished
grade. Light fixtures elsewhere shall not exceed a height
greater than 20 feet above finished grade.
C) All light fixtures shall be full cutoff with flat lenses.
d) On -site luminaries shall be of low level, indirect diffuse type,
and shall be between a minimum average of one and a half
(1.5) foot-candles and a maximum average of five (5) foot-
canctles.
e) Illumination shall not exceed:
i) One-half (0.5) foot-candles at all residential property
lines.
ii) One -fifth (0.2) foot-candles at 10 feet beyond all
residential property lines.
Lighting located underneath the canopy shall be recessed,
of indirect diffuse type, and designed to provide light only to
the Dumb island areas located underneath said canoDv.
g) Under canopy luminance shall be between a minimum
average of five (5) foot-candles and a maximum average of
20 foot-candles.
V. Dumpster enclosures. At a minimum, the dumpster enclosure shall
be located at a distance from residential property equal to the
setback of the principal structure from residential property.
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vi. See LDC section 5.05.11 for car washes, vacuums, and
compressed air stations abutting residential zoning districts.
vii. Landscaping adjacent to all other property lines:
a) Landscaping adjacent to all other property lines shall
comply with the requirements in LDC section 4.02.27 B.4.
b) Curbing shall be installed and constructed, consistent with
minimum code requirements, between all paved areas and
landscape areas.
d. Hotel/motel.
i. Applicability. All standards of LDC section 4.02.27 are applicable
with the following exceptions.
Design features. LDC section 4.02.27 B.2.b. Primary fagade design
features can be reDlaced as follows:
a) The design of the primary facades must include windows
and other glazed openings covering at least 20 percent of
the primary facade area, and one of the following design
features:
i) Projected, or recessed, covered public entry
providing a minimum horizontal dimension of eight
(8) feet. and a minimum area of 100 sauare feet, or
ii) Covered walkway or arcade (excluding canvas type)
that is attached to the building or located no more
than 12 feet from the building. The structure must be
permanent, and its design must relate to the
principal structure. The minimum width shall be six
(6) feet, with a total length measuring 60 percent of
the length of the associated fagade.
b) For buildings located 200 feet or more from the street right-
of-way, the projected or recessed entry and covered
walkway or arcade, required by the above LDC section
4.02.27 B.3.d.ii.a), can be located on any facade.
e. Outside play structures. No portion of any play structure, located between
the front building line and any adjacent right-of-way, may exceed a height
of 12 feet as measured from existing ground elevation.
4. Buffer and landscaping requirements.
a. Applicability.
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i. The provisions of LDC section 4.06.00 Landscaping, Buffering and
Vegetation Retention shall be applicable to non-residential
development within the IUAOD, except for the following regulations
which replace:
a) LDC section 4.06.02 Buffer Requirements.
b) LDC section 4.06.03 A. Landscaping Requirements for
Vehicular Use Areas and Rights -of -Way Applicability.
c) LDC section 4.06.03 B. Standards for Landscaping in
Vehicular Use Areas.
d) LDC section 4.06.05 C. Building Foundation Plantings.
ii. Applicability of buffer requirements. The buffering and screening
requirements identified in Table 1 below shall apply to all new non-
residential development. Existing landscaping which does not
comply with the provisions of this section shall be brought into
conformity to the maximum extent possible when: the vehicular use
area is altered or expanded (except for restriping of lots/drives), the
building square footage is changed, or building improvements
exceed 50 percent of the value of the structure.
iii. Developments shall be buffered for the protection of property
owners from land uses as required pursuant to this section 4.02.27
B.4. Buffers shall not inhibit pedestrian circulation between adjacent
commercial land uses. Buffers shall be installed during construction
as follows and in accordance with LDC section 4.06.05 General
Landscaping Requirements:
a) To seDarate commercial. communitv use. industrial and
public use developments and adjacent expressways,
arterials, and railroad rights -of -way, except where such
expressway, arterial, or railroad right-of-way abuts a golf
course.
b) To separate commercial, community use, industrial and
public use developments from residential developments.
c) To delineate and create some limited separation amongst
non-residential uses.
iv. Separation shall be created with a landscape buffer striD which is
designed and constructed in compliance with the provisions of LDC
section 4.02.27 B.4 and LDC section 4.06.00, as applicable. Such
buffer strip(s) shall be shown and designated on the final plat as a
tract of easement and shall not be located within any public or
private right-of-way. The ability to locate buffer(s) within a platted or
recorded easement shall be determined Dursuant to the Drovisions
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1 of LDC section 4.06.00, Buffers adjacent to protected/preserve
2 areas shall conform to the requirements established by the agency
3 requiring such buffer.
4
5 V. Landscape buffers, when required by the Land Development Code,
6 or other county regulation shall be in addition to the required right-
7 of -way width and shall be designated as a separate buffer tract or
8 easement on the final subdivision plat. The minimum buffer width
9 shall be in conformance with this section 4.02.27 B.4. In no case
10 shall the reauired buffer be constructed to reduce cross -corner or
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stopping sight distances, or safe pedestrian passage. All buffer
tracts or easements shall be owned and maintained by a property
owner's association or other similar entity and shall be so dedicated
on the final subdivision plat.
b. Methods of determinina buffers. Where a Droperty adiacent to the proposed
use is: (1) undeveloped, (2) undeveloped but permitted without the required
buffering and screening required pursuant to this Code, or (3) developed
without the buffering and screening required pursuant to this Code, the
proposed use shall be required to install the more opaque buffer as
provided for in Table 1. Where property adjacent to the proposed use has
provided the more opaque buffer as provided for in Table 1, the proposed
use shall install a type I -A buffer.
i. Where the incorporation of existing native vegetation in landscape
buffers is determined as being equivalent to or in excess of the
intent of this Code, the County Manager or designee may waive the
planting requirements of this section.
The bufferina and screening Drovisions of this Code shall be
applicable at the time of planned unit development (PUD),
preliminary subdivision plat (PSP), or site development plan (SDP)
review, with the installation of the buffering and screening required
pursuant to LDC section 4.06.05 H. If the applicant chooses to
forego the optional PSP process, then signed and sealed landscape
plans will be required on the final subdivision plat. Where a more
intensive land use is developed contiguous to a property within a
similar zoning district, the County Manager or designee may require
bufferina and screenina the same as for the hiaher intensitv uses
between those uses.
iii. Landscape buffering and screening standards within any planned
unit development shall conform to the minimum buffering and
screening standards of the zoning district to which it most closely
resembles. The County Manager or designee may approve
alternative landscape buffering and screening standards when such
alternative standards have been determined by use of professional
acceptable standards to be eauivalent to or in excess of the intent
of this Code
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C. Types of buffers. Within a required buffer strip, the following types of buffers
shall be used based on the matrix in Table 1. There are four (44) possible
buffer types, as described below. Each buffer type includes a minimum
width and a minimum number of trees and shrubs per 100- linear -foot
segment of boundary. A hedge shall at a minimum consist of three (3)
gallon plants, two (2) feet in height spaced a minimum of three (3) feet on
center at planting unless otherwise indicated in the table below or within
the specific section of the LDC. The buffer types are:
Buffer T es er 100 linear feet
I -A
I-B
I-C
I-D
Minimum width
feet
10
15
15
15
Minimum number
2
4
4 with a
hedge, or 3
4
of trees
with a wall
Minimum number
0
18 (36
inches
tall)*
60-inch tall
36-inch tall
of shrubs
hedge, or 18
hedge or 4
shrubs 60
shrubs 36
inches tall)
inches tall)
with a wall
with a wall*
*For a Type I-B or I-D buffer, shrubs shall be 24 inches tall at planting and
maintained at 36 inches.
i. Type I -A Buffer.
a) Minimum Width: 10 feet.
b) Minimum number of trees (per 100 linear feet): Two (U
ii. Type I-B Buffer.
a) Minimum Width: 15 feet.
b) Minimum number of trees (per 100 linear feet): Four (4).
c) Minimum number of shrubs (per 100 linear feet,): 18 (planted
at 24 inches and maintained at 36-inches)
iii. Type I-C Buffer.
a) Minimum Width: Fifteen feet.
b) Minimum number of trees (per 100 linear feet): Four (4) with
a hedge, or three (3) with a wall or a fence.
Trees shall be spaced no more than 25 feet on
center in combination with a hedge and no more
than 33 feet on center in combination with a wall.
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c) Minimum number of shrubs (per 100 linear feet): a 60-inch
tall hedge or 18 shrubs (60 inches tall) with a wall
iv. Type I-D Buffer.
a) Minimum Width: 15 feet.
b) Minimum number of trees (per 100 linear feet): four (4).
c) Minimum number of shrubs (Der 100 linear feet): a 36-inch
tall hedae. or 4 shrubs (36 inches tall with a wall).
i) Trees shall be spaced no more than 25 feet on
center, in the landscape buffer abutting a right-of-
way, primary access road internal to a commercial
development, or where deemed appropriate.
A continuous three (3)-gallon single row hedge
spaced three (3) feet on center of at least 24 inches
in height at the time of planting and attaining a
minimum of 36 inches in height in one year shall be
required in the landscape buffer where vehicular
areas are adjacent to the road right-of-way or where
deemed appropriate, pursuant to LDC section
4.06.05 DA. Shrubs and Hedges.
iii) Where a fence or wall fronts an arterial or collector
road as described by the transportation circulation
element of the growth management plan, a
continuous three (3)-gallon single row hedge a
minimum of 24 inches in height spaced three (3) feet
on center, shall be planted along the right-of-way
side of the fence. The required trees shall be located
on the side of the fence facing the right-of-way_
Every effort shall be made to undulate the wall and
landscaping design incorporating trees, shrubs, and
ground cover into the design. It is not the intent of
this requirement to obscure from view decorative
elements such as emblems, tile, molding and
wrought iron.
iv) The remainina area of the reauired landscape buffer
must contain only existing native vegetation, grass,
ground cover, or other landscape treatment. Every
effort should be made to preserve, retain, and
incorporate the existing native vegetation in these
areas_
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v) A signage visibility triangle may be created for non-
residential on -premises signs located as shown in
Figure 4.06.02.C-2 for Type I-D buffers that are 20
feet or greater in width. The line of visibility shall be
no greater than 30 linear feet along road right -of -wax
line. Within the visibility triangle, shrubs and hedges
shall be required pursuant to LDC section
4.06.05.D.4, except that hedges, shrubs, or ground
cover located within the signaqe visibility triangle
shall be maintained at a maximum plant height of 24
inches. Within the visibility triangle, no more than
one required canopy tree may be exempted from the
Type I-D buffer requirements.
V. The table below describes the required buffer type when a
proposed use is abutting a different existing use or, in the absence
of an existing use, the existing zoning_
Tahip 1
Table 1 information: The letter listed under "Adjacent Properties Zoning District and/or Property
Use" shall be the landscape buffer and screening alternative required. Where a conflict exists
between the buffer required by zoning district or property use, the more stringent buffer shall be
required. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to
a variety of differing land uses, is indicated by the "*' symbol, and shall be based on the landscape
buffer and screening of the district or property use with the most similar types, densities and
intensities of use. Where a conflict exists between the buffering requirements and the yard
requirements of this Code, the yard requirements of the subject zoning district shall apply.
Adjacent Properties Zoning District and/or Property Use
Subject
Property's
m
to
—
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Agriculture
-
-
I-B
I-B
I-B
—
I_
B
I-B
I -A
I -A
I -A
—
I -A
—
I-D
I -A
-
-
I -A
Al
Commercia
I -A
I-C
I-C
I-C
I-
I-C
I -A
I -A
I -A
I-D
I-B
I-B
I-B
2, C-3, C-
4, C-5),
50
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3
4
5
6
10
11
12
13
14
15
16
17
18
19
20
21
22
Business
Park LBP
Industria12
I -A
I-C
I-C
I-C
I-
I-C
I -A
1-A2
I -A
I-D
I-C
I-C
I-C
Public use
I -A
I-B
I-B
I-B
I-
I-B
I -A
I -A
I -A
I-D
I-B
-
I-C
community
facility
CF Golf
Course
Clubhouse,
Amenity
Center
Planned
unit
developme
-
-
-
-
-
-
-
-
-
-
I-D
-
-
-
nt PUD
Vehicular
rights -of-
Way
I-D
I-D
I-D
I-D
I-
D
I-D
I-D
I-D
I-D
I-D
-
I-D
-
I-D
Golf course
I-B
I-B
I-B
I-B
I-
B
I-B
I-B
I-C
I-B
I-B
I-D
-
I-B
I-C
maintenan
ce building
Golf course
-
-
-
-
-
-
-
I-C
-
-
-
I-B
-
I-C
Automobile
I -A
I-C
I-C
I-C
I-
C
I-C
I-C
I -A
I-C
I-D
I-C
I-C
-
service
station
Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP)
submittal.
2 Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install
a minimum five (5)-foot-wide type I -A landscape buffer adjacent to the side and rear propertyli
The buffer area shall not be used for water management. In addition, trees may be reduced to 50
feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not
apply to buffers adjacent to vehicular rights -of -way or nonindustrial zoned property. Abuttinq
industrial zoned properties may remove a side or rear buffer along the shared property line in
accordance with LDC section 4.02.27 BA.c.viii. This exception to buffers shall not apply to buffers
abutting vehicular rights -of -way.
s Buffer areas between commercial outparcels located within a shopping center, Business Park, or
similar commercial development may have a shared buffer 15 feet wide with each abutting property
contributing seven and a half (7.5) feet. The outparcels may remove a side or rear buffer along the
shared property line between comparable uses within the same zoning designation in accordance
with LDC section 4.02.27.B.4.c.viii. These provisions shall not apply to right-of-way buffers.
4 Refer to LDC section 4.02.27 B.3.b and c. for automobile service station landscape requirements.
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vi. Business Parks. A 15-foot-wide landscape buffer shall be provided
around the boundary of the business park when abutting residential
zoning district or uses. A six (6)-foot tall opaque architecturally
finished masonry wall, or berm, or combination thereof shall be
required, and one row of trees spaced no more than 30 feet on
center shall be located on the outside of the wall, berm, or berm/wal I
combination.
vii. Buffering and screening standards. In accordance with the
provisions of this Code, loading areas or docks, outdoor storage,
trash collection, mechanical equipment, trash compaction,
vehicular storage excluding new and used cars, recycling, roof tog
equipment and other service function areas shall be fully screened
and out of view from adjacent properties at ground view level and
in view of roadway corridors.
viii. Joint Project Plan. Abutting platted parcels may submit a joint
project plan to remove one side or rear landscape buffer along a
shared property line in order to share parking or other infrastructure
facilities. Drovided the followina criteria are met:
a) A ioint Droiect Dlan shall include all necessary information to
ensure that the combined site meets all of the design
requirements of this Code and shall be submitted as either
a single SDP or SIP consisting of both parcels, or separate
SDPs or SIPs for each parcel that are submitted
concurrently. Joint project plans require a shared
maintenance and access easement that is recorded in the
public records.
b) The following are eligible for a joint project plan. One
outparcel shall be no greater than three (3) acres and the
combined parcel acreage shall not exceed five (5) acres:
i) Abutting commercial outparcels located within a
shopping center.
Abuttina commercial Darcels in a Business Park.
iii) Abutting commercial parcels with the same zoni
designation.
iv) Abutting industrial parcels with the same zoning
designation.
c) The buffer to be eliminated shall not be a perimeter buffer
or adjacent to any internal main access drives.
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d. Standards for retention and detention areas in buffer yards. Unless
otherwise noted, all standards outlined in section 4.06.05 C apply. Trees
and shrubs must be installed at the height specified in this section.
Water management systems, which must include retention and detention
areas, swales, and subsurface installations, are permitted within a required
buffer provided they are consistent with accepted engineering and
landscaping practice and the following criteria:
i. Water management systems must not exceed 50 percent of the
square footage of any required side, rear, or front yard landscape
buffer.
Water manaaement systems must not exceed. at anv location
within the required side, rear, or front yard landscape buffer, 70
percent of the required buffer width. A minimum five (5)-foot wide
10:1 level planting area shall be maintained where trees and
hedges are required.
iii. Exceptions to these standards may be granted on a case -by -case
basis. evaluated on the followina criteria:
a) Water management systems, in the form of dry retention,
may utilize an area greater than 50 percent of the buffer
when existing native vegetation is retained at natural grade.
b) For lots of record 10.000 sauare feet or less in size. water
management areas may utilize an area greater than 50
percent of the required side and rear yard buffers. A level
planting area of at least three feet in width must be provided
in these buffers.
iv. Sidewalks and other impervious areas must not occupy any part of
a required I -A, I-B, I-C, or I-D type buffer, except when:
a) Driveways and sidewalks are constructed perpendicular to
the buffer and provide direct access to the parcel.
b) Parallel meandering sidewalks occupy the buffer, and its
width is increased by the equivalent sidewalk width.
c) A required 15-20-foot-wide buffer is reduced to a minimum
of 10 feet wide and is increased by the five -to -ten -foot
equivalent width elsewhere along that buffer.
e. Vehicular use areas.
i. Applicability. The provisions of this section shall apply to all new off-
street Darkina or other vehicular use areas.
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a) Existing landscaping which does not comply with the
provisions of this Code shall be brought into conformity to
the maximum extent possible when: the vehicular use area
is altered or expanded except for restriping of lots/drives,
the building square footage is changed, or the building
improvements exceed 50 percent of the value of the
structure.
b) These provisions shall apply to all non-residential
develoDment within the IUAOD.
c) Any appeal from an administrative determination relating to
these regulations shall be to the board of zoning appeals or
equivalent.
d) Prior to issuing occupancy permits for new construction,
implementation, and completion of landscaping
requirements in off-street vehicular facilities shall be
required.
e) Where a conflict exists between the strict application of this
section and the requirements for the number of off-street
parking spaces or area of off-street loading facilities, the
requirements of this section shall apply.
ii. Standards for landscaping in Vehicular Use Areas. For projects
subject to architectural design standards, see LDC section 4.02.27
B.2. for related Drovisions.
a) Landscaping required in interior of vehicular use areas. At
least ten percent of the amount of vehicular use area onsite
shall be devoted to interior landscaoina areas. The width of
all curbing shall be excluded from the required landscaped
areas. All interior landscaped areas not dedicated to trees
or to preservation of existing vegetation shall be landscaped
with grass, ground cover, shrubs, or other landscape
treatment. One tree shall be provided for every 250 square
feet of the required interior landscaped area. Interior
landscaped areas shall be a minimum of five feet in width
and 150 square feet in area. The amount of required interior
landscape area Drovided shall be shown on all Dreliminary
and final landscape plans.
b) All rows of Darkina spaces shall be bordered on each end
by curbed terminal landscape islands. Each terminal
landscape island shall measure inside the curb not less than
eight feet in width and extend the entire length of the single
or double row of parking spaces bordered by the terminal
landscape island. Type D or Type F curb per current FDOT
Design Standards is required around all terminal landscape
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islands. A terminal landscape island for a single row of
parking spaces shall be landscaped with at least one
canopy tree. A terminal landscape island for a double row of
parking spaces shall contain not less than two canopy trees.
The remainder of the terminal landscape island shall be
landscaped with sod, ground covers or shrubs or a
combination of any of the above.
C) Interior landscaping areas shall be provided within the
interior of all vehicular use areas. Landscaped areas, wall
structures. and walks shall reauire Drotection from vehicular
encroachment through appropriate wheel stops or curbs or
other structures.
d) Required landscape islands and perimeter planting beds
shall be graded to provide positive drainage. Curbing
around landscape areas shall include curb cuts where
necessary so as not to inhibit positive drainage.
e) Green space required in shopping centers and freestanding
retail establishments with a floor area greater than 40,000
sauare feet. An area that is at least seven Dercent of the size
of the vehicular use areas must be developed as preen
space within the front yard(s) or courtyards of shopping
centers and retail establishments and must be in addition to
the building perimeter planting area requirements. The
courtyards must only be located in areas that are likely to be
used by pedestrians visiting the shopping center and retail
establishment. The seven percent green space area must
be in addition to other landscaping requirements of this
division, may be used to meet the open space requirements
(section 4.02.01), and must be labeled "Green Space" on all
subdivision and site plans (Refer to section 4.02.27 A.). The
interior landscape requirements of these projects must be
reduced to an amount equal to five percent (5 percent) of
the vehicular use area on site. Green space must be
considered areas designed for environmental, scenic, or
noncommercial recreation purposes and must be
pedestrian -friendly and aesthetically appealing. Green
space may only include the following: lawns, mulch,
decorative plantings, nonprohibited exotic trees, walkways
within the interior of the green space area not used for
shopping, fountains, manmade watercourses (but not water
retention areas), wooded areas, park benches, site lighting,
sculptures, gazebos, and any other similar items that the
planning service director deems appropriate. Green space
must include: walkways within the interior of the preen
space area not used for shopping, a minimum of one (1) foot
of park bench per 1,000 square feet of building area. The
green space area must use existing trees where possible
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and landscaping credits will be allowed as governed by table
4.06.04 B. The green space areas must be located in areas
that are in close proximity to the retail shopping area.
Benches may also be located in interior landscaped areas
and 75 percent of the benches may be located adjacent to
the building envelope along paths, walkways and within
arcades or malls.
f) Required landscaping for buildings over 20,000 square feet
shall be pursuant to LDC section 4.02.27 A. The following
requirements will be counted toward the required
greenspace and open space requirements of this Chapter
of this Code.
i) Trees in vehicular use areas must be a minimum of
14- to 16-feet height with a six- to eight-(6-8) foot
spread and a three- to four- (3-4) inch caliper and
must have a clear trunk area to a heiaht of six feet.
The first row of landscape islands located closest to
the building front and sides must be landscaped with
trees, palms, shrubs, and groundcovers and must
have a clear trunk area to a height of seven (7) feet.
f. Building foundation plantings.
i. All non-residential buildings shall provide building foundation
plantings in the amount of 10 percent of the overall building footprint
area and a minimum Dlantina width of five (5) feet.
ii. Foundation planting areas shall be located adjacent to building
entrance(s), and along primary facades.
iii. Building foundation plantings shall consist of shrubs, ground cover,
raised planter boxes, and/or ornamental grass plantings.
iv. A maximum of 50 percent of the required foundation planting may
be located in Derimeter buffers.
V. Water management shall not occur in foundation planting areas.
5. Off-street parking.
a. Purpose and Intent. The followina standards are intended to auide the
development of off-street parking, loading and transportation access within
the IUAOD to recognize the higher levels of bicycle and pedestrian activity
in Immokalee, to encourage the continued use of alternative modes of
transportation, and to provide safe and functional circulation patterns and
connectivitv for off-street Darkina.
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b. Applicability. In addition to LDC section 4.05.00 Off-street Parking and
Loading, the following regulations shall apply to all non-residential
development within the IUAOD. If any of the provisions noted herein
conflict with other regulations within LDC section 4.05.00, the following
shall apply.
i. The provisions of this section shall apply to all new off-street parking
or other vehicular use areas.
ii. Existing landscaping which does not comply with the provisions of
this Code shall be brouaht into conformitv to the maximum extent
possible when: the vehicular use area is altered or expanded except
for restripinq of lots/drives, the building square footage is changed
or building improvements exceed 50 percent of the value of the
structure.
iii. Prior to issuing occupancy permits for new construction,
implementation, and completion of landscaping requirements in off-
street vehicular facilities shall be reauired.
C. Shared Parking. Shared parking arrangements between adjoining
develoDments shall be encouraaed.
d. Parking Reduction. Off-street parking requirements may be reduced by up
to 25 percent through the substitution of one required parking space by
providing and maintaining a bicycle rack able to hold four bicycles
throughout the IUAOD.
e. Bicycle parking_
ADDlicability. Due to the sianificance of Dedestrian and bicvcle
modes of travel within the IUAOD, bicycle parking spaces shall be
required for safe and secure parking of bicycles. These regulations
replace LDC section 4.05.08 Bicycle Parking Requirements. If any
of the provisions noted herein conflict with other regulations within
the Land Development Code, the following shall apply.
Number. Provisions for the safe and secure parking of bicycles shall
be furnished at a ratio of five (5 percent) percent of requirements
for motor vehicles as set forth in section 4.05.04. but not to exceed
a maximum of 20 total bicycle parking spaces. A minimum of two
(2) bicycle parking spaces shall be provided.
iii. Design.
a) A bicvcle Darkina facilitv suited to a sinale bicvcle ("Darkin
space") shall be of a stand-alone inverted-U design
measuring a minimum of 36 inches high and 18 inches wide
[of one and one-half (1'/2) inch Schedule 40 pipe, ASTM F
10831 bent in one (1) piece ("bike rack") mounted securely
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to the ground [by a %-inch thick steel base plate, ASTM A
361 so as to secure the bicycle frame and both wheels.
b) Each parking space shall have a minimum of three (3) feet
of clearance on all sides of the bike rack.
c) Bicycle spaces shall be surfaced with the same or similar
materials approved for the motor vehicle parkin__ Iq ot, lighted
and located no greater than 100 feet from the main building
entrance.
d) Extraordinary bicvcle Darkina desians which depart from the
bike rack standard but are consistent with the
development's design theme shall be considered by the
County architect. Bike racks which function without securing
the bicycle frame, require the use of a bicycle kick stand, or
which may be freely reoriented are not allowable.
6. Fencina and Walls. Excludina Sound Walls.
a. Applicability. The provisions of LDC section 5.03.02 Fence and Walls
Excluding Sound Walls, are applicable within the IUAOD with the followin(
exceptions:
i. LDC section 5.03.02.G Supplemental Standards
b. Supplemental standards.
All fences shall have their finished side facina outward.
ii. Fences on sites with structures which are subject to section 5.05.08
Architectural & Site Design Standards must comply with the
following additional standards:
a) Chain link (including wire mesh) and wood fences are
permitted forward of the primary fagade.
b) Fences forward of the primary fagade, including chain link
wire mesh, and wood are permitted under the followin(
conditions:
i) Fences shall not exceed 4 feet in height.
ii) The fence provides either an open view at a
minimum of 25 percent of its length or provides
variation in its height for a minimum of 15 percent of
its length with a deviation of at least 12 inches.
iii) The fence style must complement building style
throuah material. color. and desian.
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Use of chain link or wire mesh fencina (the reauirements of this
section are not applicable to single family dwellings). If located
adjacent to an arterial or collector road in the urban coastal area,
the fence shall be placed no closer than three feet to the edge of
the right-of-way or property line.
iv. Barbed wire is only authorized within agricultural districts and on
fences surrounding public utility ancillary systems in all districts.
Razor or concertina wire is not permitted except in the case of an
institution whose purpose is to incarcerate individuals, i.e., a jail or
penitentiary, or by application and decision by the County Manager
or designee.
7. Outdoor lighting requirements.
a. ADDlicability. In addition to LDC section 4.02.08 Outside Liahtin
Requirements, the following regulations shall apply to all non-residential
development within the IUAOD. If any of the provisions noted herein
conflict with other regulations within LDC section 4.02.08 Outside Lighting
Requirements, the following shall apply.
b. Design.
i. The design of the actual lighting fixtures shall be consistent with the
design of the project (including outparcels) in style, color, materials,
and location.
Lighting shall be designed to comply with the intent of the
Illuminating Engineering Society of North America (Dark Skies). All
lighting shall be designed to eliminate uplighting_
Liahtina shall be desianed to Drevent the alare or saillaae of liaht
onto adjacent properties and to prevent hazardous interference with
automotive and pedestrian traffic. In order to accomplish this, all
exterior lighting shall be directional, and use recessed light bulbs,
filters or shielding to conceal the source of illumination.
C. Security Lighting. Lighting for security purposes shall be directed away
from and shielded from adjacent properties and rights -of -way. This
requirement shall also apply to agricultural uses.
8. Signage.
a. ADDlicability. In addition to LDC section 5.06.00 Sian Reaulations and
Standards by Land Use Classification, the following regulations shall apply
to all businesses within the IUAOD. If any of the provisions noted herein
conflict with LDC section 5.06.00 Sign Regulations and Standards by Land
Use Classification . the followina shall aDDly.
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b. Murals and Wall Art. Murals are allowed as public art within the IUAOD and
subject to the following:
i. Murals are only allowed on commercial, civic, or institutional
buildings.
ii. One mural is allowed per building_
iii. Murals are permitted on sections of buildings where there are no
windows or doors or where the mural will not interfere with the
buildina's architectural details.
iv. The mural shall not contain text for the purpose of advertising any
business or commercial activity.
V. The mural cannot be temporary in nature and the building owner
must commit to maintaining the mural.
vi. Review and aDDroval from the CRA Advisory Board is reauired to
ensure the mural complies with the conditions above and that the
artwork complements the design of the building in color, shape, and
Incatinn_
C. Immokalee Urban Area Mainstreet Overlay Subdistrict (MSOS).
1. Purpose and Intent. The standards described in this section shall apply to all non-
residential uses in this overlay subdistrict. Where a conflict may arise between
these reaulations and LDC section 4.02.27. the subdistrict reaulations shall control.
2. Dimensional Standards.
a. Height. Structures shall be no more than 35 feet in height, except that
hotel/motel uses shall be no more than 50 feet in height.
b. Setback. The Main Street Overlay Subdistrict contains four (4) design
districts as described below, which were created in order to maintain and
enhance the urban character of downtown Immokalee and to encourage
the desired pattern of development.
Main Street Corridor.
a) Main Street Corridor. The Main Street Corridor is for those
properties abutting Main Street from Second Street East to
Hancock Street or 11 th.
b) First Street Corridor. The First Street Corridor extends along
First Street from Eustis Avenue to West Main Street and is
the connection between the Seminole Casino and the Main
Street corridor.
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c) Fifteenth Street Corridor. The Fifteenth Street Corridor is for
those properties abutting Fifteenth Street from Hancock
Street to Immokalee Drive.
d) Side Streets. The interior streets include all streets running
perpendicular and parallel to the Main Street, First Street
and Fifteenth Street Corridors within the Main Street
Overlay Subdistrict.
Table 1. Dimensional Reauirements in the MSOS
DESIGN
DISTRICT
SETBACK FROM THE
STREET FRONT/CORNER
SIDE YARD
SETBACK
REAR YARD
SETBACK
MAIN STREET
0' from property line or 10'
Min. = 0' if
5' or 20' when
CORRIDOR
maximum from the back of
neighboring
building has 0'
abutting
residential
the curb*
setback,
otherwise
maintain a
building
separation of 10'
(see Illustration
3)
Max. = 50% of
lot width (both
sides combined)
(see Illustration
4
FIRST STREET
0' from property line or 8'
Min. = 0' if
5' or 20' when
CORRIDOR
maximum from the back of
neighboring
building has 0'
abutting
residential
the curb*
setback,
otherwise
maintain a
building
separation of 10'
(see Illustration
3)
Max. = 50% of
lot width (both
sides combined)
(see Illustration
41
FIFTEENTH
STREET
CORRIDOR
0' from property line or 25'
Per LDC
5' or 20' when
maximum from the back of
abutting
residential
the curb*
INTERIOR
STREETS
5' maximum for the first two
Per LDC
5' or 20' when
stories, plus 5' additional
abutting
residential
setback for buildings over
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AAT121
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two stories; measured from
property line
Illustration #1 General Building Setbacks Plan View
i i i i i
i i i I i
i i i I i
i i i I i
i i i I i
i i i i i
i i i i i
I Pra r1 Line
' I �
Setback Setback
� Back ofGurh(6QC)
.._����rr��
... .�...,..... .................... ..V-....
Illustration #2 Setback reauirements alona Side Streets
�I
J
;nl
�I O
al
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4Eh Floor
I
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7rd Floor
■.........a
I
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2nd Floor
I
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1 S1 Floor
Illustration #3 Side Yard Setback Reauirements — Alternative 1
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C. Exceptions to Building Setback Requirements.
Public Space: Street setbacks may be Dermitted uD to 30 feet if
pedestrian courtyards, plazas, cafes, fountains, or other public
gathering places are provided in front of the recessed portion of the
building. For buildings greater than 40 feet in width, the increased
setback area shall not exceed 50 percent of the building frontage
and shall incorporate a street wall along the original setback line.
ii. Arcades: The use of arcades is encouraged and therefore allowed
to extend up to the property line. They may have enclosed space,
balconies, or verandas above them. Arcades should be open and
non -air conditioned.
3. Buildina and site desian standards.
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1 a. Architectural Styles. All new non-residential buildings within the MSOS are
2 required to adopt architectural elements consistent with one of the following
3 types of architecture. Architectural style descriptions and their attributes
4 are listed below and in Table 1.
5
6 Table 1. Architectural style descriptions
7
Spanish Vernacular
Frame
Vernacular
Contemporary
Mediterranean
Mission
Roof Types
Multi -level roofs
Flat roof with
Gable
Hsi
Pent/Visor
Parapets
Flat overhanging
Gable
Pent/Visor
Parapets
curvilinear
parapets are
roof
Gable
Hip
Pent
most common
Gable and Hip
also
used.
Pent/Visor
Roof Materials
Barrel Tile (half
Barrel Tile (half
Metal roof (5v
Metal roof
Concrete tiles
Solar tiles
cylinders) or
cylinders) or
panels or narrow
Spanish Tile (s-
Spanish Tile (s-
standingseam) eam)
curved shape in
curved shape)
red and earth
tones.
Fagade
Materials
Stucco with
Stucco with sand
Lapped siding
Concrete
Glass
Steel
sand finish or
finish or hand
with corner
hand troweled
troweled
boards (wood or
vin 1
Vertical board &
batten siding
Pattern shingles
for accent onl
Windows
Arched windows
Vertical
Half round
Tall and narrow
(some triple-
proportion
Sashed
Window and door
arched)
Vertical in
transom
Sashed
proportion
Half round
trim projects out
from wall
transom above
cladding
windows
Sashed
Building Color
Typically earth
Typically earth
Typically, pastel
tones; however,
tones; however,
colors with white
due to heavy
due to heavy
trim/accent;
however, due to
influence from
influence from
Central & South
Central & South
heavy influence
America brighter
America brighter
from Central &
colors are
colors are
South America
encouraged
encouraged
brighter colors
are encouraged
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Ornamentation
Arcades
Balconies
Full arches
Wrought iron,
Arcades
Balconies
Full arches
Wrought iron,
Porches
Columns,
spindles (square
or turned
Gable end or
wood or cast
wood or cast
stone railings.
stone railings.
Patterned tiles or
eave brackets
Patterned tiles
Shutters
Transom
windows
or single tiles
single tiles used
used for accent.
for accent.
Carved
stonework
Wood or iron
Carved
stonework
Wood or iron
window grilles
window grilles
Tile
Tile vents
Fences
Combination of
Combination of
Wood picket
masonry and
masonry and
fences
wrought iron
wrought iron
nish vernacular.
a) Mediterranean Stvle: Also known as Spanish Eclectic or
Spanish Colonial Revival. Characteristics typically include
barrel tile, low-pitched roofs usually with little or no
overhang, parapets, arches, stucco, and asymmetrical
facades. Mediterranean style buildings typically contain the
following: multi -level roofs composed of barrel tile (half
cylinders) or Spanish Tiles (s-curved shape) in red and earth
tones, facade of stucco and sand finish or hand troweled,
arched windows (some triple -arched), ornamentation
contain full arches and patterned tiles or single tile for
accent.
b) Mission Stvle: Influenced by the SDanish Colonial Stvle
Characteristics typically include barrel tile roofs, arches,
earth tone colors, and asymmetrical facades finished in
stucco. Similar to the Mediterranean Style but exhibiting
much less ornamentation and detailina. Mission Stvle
buildings typically contain flat roof with curvilinear parapets
are most common, barrel tile (half cylinders) or Spanish Tile
(s-curved shape), stucco with sand finish or hand troweled,
and ornamentation containing full arches.
c) Frame Vernacular: Also known as Florida Cracker or Key
West Style. Some frame vernacular buildings in Florida
exhibit a Caribbean influence, while others are more
utilitarian or rural in nature. Most familiar elements of this
style are the use of horizontal siding for facade finish,
elaborate wood balustrades, large porches, and metal roofs.
Frame Vernacular buildings typically contain metal roofs (5v
Danels or narrow standina seam). IaDDed sidina with corner
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boards (wood or vinyl and ornamentation of gable end or
eave brackets.
d) Contemporary: Contemporary architecture focuses on
innovation while being in harmony with nature through the
use of clean geometric lines and elements such as
openness both in interiors and to the outside, natural light,
eco-friendly materials and creative styles. This is achieved
through the use of a range of building materials such as
concrete. alass, wood. and metals.
Buildina Facade Desian. Buildinas shall have architectural features and
patterns that provide visual interest from the perspective of the pedestrians
and motorists. All additions and alterations shall be compatible with the
principal structure in design, color, and materials.
Facade orientation. New buildinas shall orient the Drincipal
entrance facade parallel to the public right-of-way. If the building
fronts on more than one public right-of-way, all facades facing the
public rights -of -way shall be designed consistent with primary
facade requirements.
ii. Facade continuity. Facades along Main Street should limit building
paps along the block. If a gap is created between two buildings, one
of the following should be provided.
a) A pedestrian courtyard (connecting to rear parking areas or
alleys), or
b) A decorative facade connecting the two buildings, or
c) A low street wall along that portion of the lot along the ri
of -way not devoted to pedestrian or vehicular access.
iii. Facade variation.
a) Primary facades shall not exceed 20 horizontal feet and 10
vertical feet, without three (3) of the following elements.
When selectina these elements. there shall be a
combination of vertical and horizontal elements in order to
create variation in the facade.
A chanae in Dlane. such as an offset. reveal. or
projecting rib (columns, built in planters, arches,
voids, etc.). Such plane projections or recesses
shall have a width of no less than 20 inches, and a
depth of at least six (6) inches.
ii) Awnings.
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iii) Arcades/colonnades.
iv) Balconies.
v) Complementary change in material/texture.
vi) Garage doors.
vii) Doors and/or windows.
viii) Decorative architectural elements (tiles, medallions
etc. L
ix) Raised bands/cornices.
b) Secondary facades shall include at least two (2) elements
from the primary facade list above. In addition to the list
above a mural or wall art may be substituted for two (2)
facade elements.
C. Entrances.
i. Corner buildings along the Main Street, First Street or Fifteenth
Street corridor shall orient the primary entrance to the primary
street.
ii. All primary entrances shall include one of the following:
a) Protrudina front aable.
b) Pilasters, columns, a stoop or other projection or recession
in the building footprint that clearly identifies the entrance.
iii. In addition, every primary entrance shall have two (2) other
distinguishing features from the list below:
a) Variation in building height;
b) Canopy or portico;
c) Raised cornice or parapet over door;
d) Arches/columns;
e) Ornamental and structural architectural details.
d. Glazing.
The arrangement of windows and doors should be consistent with
the architectural stvle of the buildina.
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ii. Windowless facades facing the public right-of-way are prohibited.
iii. Transparency requirements include the following_
a) The around floor buildina wall facina the street shall contain
windows and doors occupying at least 50 percent of the first -
floor faQade. The first -floor windows shall be located
between three (3) and eight (8) feet measured from ground
level. All other floors and elevations shall contain at least 25
percent glazing.
b) Clear glass (88 percent light transmission) should be
installed on the first floor. Tinted glass allowing a minimum
of fifty percent light transmission should only be allowed on
second floor windows and above. Stained or art glass is
allowed only if it is in character with the style of the building,
such as in a church.
c) Office uses shall have front exterior walls containina a
minimum of 25 percent transparent or translucent materials
on each story. The side exterior walls (facing the street)
shall each contain a minimum of 15 percent transparent or
translucent materials on each story.
d) Transparent materials on walls that are not parallel or
approximately parallel to the public right-of-way and on
doors shall not be counted toward the minimum
transparency requirement.
e) Garage or service bay doors shall not be included in the
transparency/translucency calculation.
e. Landscaping and buffering. To encourage redevelopment, the following
landscape criteria shall apply to all commercially zoned properties and
those residential properties with permitted commercial uses, except where
otherwise prohibited by this subdistrict. The following landscape buffering
criteria shall be applicable to projects with a total building square footage
of less than or eaual to 5.000 sauare feet. For all others. 4.02.27.B.4
applies:
i. Properties adjacent to residentially zoned lots/parcels shall provide
a minimum 10 foot wide landscape buffer, six (6) foot high hedge or
wall (four (4) feet at planting; six (6) feet within one (1) year) with
trees spaced no more than 25 feet on center;
ii. Properties adjacent to commercially zoned lots/parcels shall
provide a minimum seven and a half (7.5) foot wide landscape
buffer with a single row hedge and trees spaced no more than 30
feet on center. The hedae shall at a minimum consist of three (3)
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gallon plants, two (2) feet in height spaced a minimum of three (3)
feet on center at planting.
iii. A minimum seven and a half (7.5) foot buffer, with at least two (2)
trees per lot/parcel or one (1) tree per 40 linear feet whichever is
greater, shall be required adjacent to all rights -of -way;
iv. Lots/Darcels that are unable to meet the minimum landscape criteria
above, shall be required to provide landscaping to the greatest
extent practicable, or an alternative enhancement plan that may
include planters and/or flower boxes for each property, as approved
by the County Manager or designee.
f. Off-street parking. Minimum off-street parking and off-street loading_
Standards for parking within the MSOS, and as set forth below:
i. Outdoor cafe/seating areas shall be exempt from parking
calculatinns_
ii. All properties within the MSOS, having frontage on Main Street,
First Street, or Ninth Street are required by this subdistrict to locate
all parking areas in the rear yard and/or side yards.
a) Lots, parcels, or uses which have frontage on West Main
Street (SR 29) or First Street (CR 846) shall comprise the
primary areas within the MSOS.
b) Uses in existence. as of the effective date of this LDC
section, are exempt from the minimum parking
requirements as set forth in section 4.05.00 except that
existing uses shall not reduce the number of spaces below
what is Drovided as of the effective date of this LDC.
c) A chanae of use shall be exempt from the minimum parkin
requirements as set forth in LDC section 4.05.00 up to an
intensity level of one (1) parking space per 100 square feet.
A change of use to an intensity of greater than one (1) space
per 100 square feet shall require parking at one (1) parking
space per 150 square feet.
d) Any use in a building constructed after the effective date of
this LDC will be required to provide parking at 50 percent of
the minimum requirement as set forth in LDC section
4.05.00.
iii. Lots, parcels, or uses which do not have frontage on Main Street or
First Street shall comprise the secondary area within the MSOS.
a) Uses in existence as of the effective date of this LDC
Section are exempt from the minimum Darkina reauirements
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as set forth in LDC section 4.05.00 except that existing uses
shall not reduce the number of spaces below that which is
provided as of the effective date of this LDC.
b) A change of use shall be exempt from the minimum parking
requirements as set forth in LDC section 4.05.00 up to an
intensity level of one (1) parking space per 100 square feet.
A change of use to an intensity greater than one U parking
space per 100 square feet shall require parking at 50
percent of the minimum requirement as set forth under LDC
section 4.05.00. No change in use shall allow for a reduction
of the current number of parking spaces provided.
iv. The provisions of the MSOS do not Drevent establishments utilizin
shared parking agreements and off -site parking arrangements as
set forth in LDC section 4.05.00. Furthermore, the maximum
distances set forth in LDC section 4.05.00 shall be increased to
1,000 feet within the boundaries of the MSOS. Properties within the
MSOS entering into off -site parking agreements with properties
outside the MSOS may utilize the 1,000-foot rule.
V. Standards for landscaoina in vehicular use areas within the MSOS.
a) Landscaping is required in the interior of vehicular use
areas. At least ten percent of the gross square footage of
onsite vehicular use area shall be devoted to interior
landscaping areas.
b) All rows of Darkina spaces shall be bordered on each end
by curbed landscape islands/Terminal Landscape Islands.
Each terminal island shall measure no less than eight feet
in width from inside the curb and extend the entire length of
the single or double row of parking spaces bordered by the
island. Type D or Type F curb per current FDOT Design
Standards is required around all landscape islands.
Terminal islands shall be landscaped with at least one
canopy tree. The remainder of the terminal island shall be
landscaped with sod, ground covers or shrubs or a
combination of anv of the above.
c) Vehicular use areas under twentv-five (25) reauired Darkin
Fencina.
spaces within the MSOS are exempt from the LDC section
4.05.00 requirement that does not allow more than 10
contiguous parking spaces without being separated by a
landscape island. In lieu of landscape islands, ten percent
of the gross square footage of onsite vehicular use area
shall be added to the perimeter landscape buffer area.
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i. Street walls are required to screen off-street parking facilities
(spaces or driveways) from the right-of-way.
ii. Street walls shall be a minimum of three (3) feet and a maximum of
five (5) feet in height.
iii. Street walls greater than three (3) feet in height above grade shall
be no more than 50 percent solid.
iv. Street walls should be designed to complement the principal
buildina stvle. materials. and colors.
V. In lieu of a street wall, a continuous hedge row no more than four
(4) in height can be provided.
vi. Utilities/service areas.
a) Accessory structures shall have the same architectural
detail, design elements and roof design as the primary
strurtu re.
b) Rooftop mechanical equipment should be integrated into
the overall mass of a building by screening it behind
parapets or by recessing equipment into hips, gables,
parapets, or similar features. Plain boxes as the only
screening mechanism are not acceptable.
c) Equipment installed at ground level shall be screened by low
walls or landscaoina.
d) Areas for outdoor storage, trash collection, and loading shall
be incorporated into the primary building design. The
materials used shall be of comparable quality and
appearance to those of the primary building_
e) Loadina areas or docks. outdoor storaae. waste disDosal
mechanical equipment, satellite dishes, truck parking, and
other service support equipment shall be located behind the
building line and shall be fully screened from the view of
public rights -of -way.
h. Signage.
i. Projecting signs are permitted in addition to permitted signs
provided such signs do not exceed six (6) square feet in size and
are elevated to a minimum of eight (8) feet above any pedestrian
way.
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ii. Sandwich boards are Dermitted. one (1) Der establishment. not to
exceed six (6) square feet in size and shall only be displayed during
business hours.
D. State Road 29A Commercial Overlay Subdistrict (SR 290S).
1. Purpose and intent. The standards described in this section shall apply to all non-
residential uses in this overlay subdistrict. Where a conflict may arise between
these regulations and LDC section 4.02.27, the subdistrict regulations shall control.
a. Exceations. Owners of lots or combination of lots havina less than the
required street frontage may petition the Board of Zoning Appeals for a
variance from the standard in this subdistrict as will not be contrary to the
public interests when owing to special conditions peculiar to the property,_
a literal enforcement of these standards would result in unnecessary and
undue hardship.
2. Dimensional standards.
a. Heiaht. Buildinas shall have a maximum heiaht of 50 feet.
Setback.
i. Front Setback — Minimum 25 feet when abutting S.R. 29, all others
shall comply with their underlying zoning and use standards.
ii. Rear Setback — Minimum of 25 feet when abutting S.R. 29, all
others shall comDly with their underlvina zonina and use standards.
3. Landscaping and buffering.
a. Proiects with a total buildina sauare footaae of less than or eaual to 5.000
square feet shall provide a 10-foot Type A landscape buffer as described
in section 4.06.00 along vehicular rights -of -way with required sidewalks
and adjacent residential development. Where abutting a commercially
zoned or developed property, a Type A landscape buffer as described in
section 4.06.00 must be provided.
Projects with a total building square footage exceeding 5,000 square feet
shall provide landscape buffering in accordance with section 4.02.27.B.4.
of this LDC.
4. Off-street parking_
a. Access points to SR-29 shall comply with Florida State Department of
Transportation (FDOT) access management regulations. Parcels that have
less than 440 feet of street frontage shall provide access off existing
adjacent roadways, when possible, and should not directly access SR-29.
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b. Shared parking arrangements and interconnections between adjoining
developments shall be encouraged.
C. Sidewalks shall be provided to encourage pedestrian traffic. The location
of said sidewalks shall be coordinated with adjacent projects.
E. Jefferson Avenue Commercial Overlay Subdistrict (JACOS).
1. Purpose and intent. The standards described in this section shall apply to all non-
residential uses in this overlay subdistrict. Where a conflict may arise between
these reaulations and LDC section 4.02.27. the subdistrict reaulations shall control.
2. Dimensional standards.
a. Height. Commercial buildings shall have a maximum height of 50 feet
excluding 10 feet for under -building parking.
Setback.
Front Setback — A minimum of 25 feet for all commercial buildings
when abutting Jefferson Avenue. All other setbacks shall comply
with their underlvina zonina and use standards.
ii. All other setbacks shall be in accordance with the underlying zoning
and use standards.
3. Landscaping and buffering.
a. Projects with a total building square footage of less than or equal to 5,000
square feet shall provide a 10 foot Type I -A landscape buffer, as identified
in LDC section 4.02.27 B.4, on Jefferson Avenue.
b. Projects with a total building square footage exceeding 5,000 square feet
shall provide landscape buffering in accordance with LDC section 4.02.27
B.4.
4. Off-street parking.
a. Access points for future commercial development shall be limited to a
maximum of one U per 150 feet of street frontage.
b. Properties with less than the required street frontage, shall be encouraged,
and may be required as a condition of site development plan approval, to
utilize shared access points with adjoining commercial development.
i. Owners of lots or combination of lots having less than the 150-foot
of required frontage may petition the Board of Zoning Appeals for a
variance from the standard in this subdistrict as will not be contrary
to the Dublic interest when owina to sDecial conditions Deculiar to
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the property, a literal enforcement of these standards would result
in unnecessary and undue hardship.
ii. Provisions for shared parking arrangements with adjoining
developments shall be encouraged.
F. Loop Road Overlay Subdistrict (LROS).
1. Purpose and intent. The standards described in this section shall apply to all non-
residential uses in this overlay subdistrict. Where a conflict may arise between
these reaulations and LDC section 4.02.27. the subdistrict reaulations shall control.
a. Access management within the LROS shall be coordinated with Florida
Department of Transportation (FDOT) and Collier County Transportation
Operations.
b. Access management shall be consistent with MOT regulations and is
subject to applicable regulations and review by Collier County
Transportation Operations and Growth Management Community
Development Department.
C. Cross -access connections shall be consistent with MOT reauirements.
2. Dimensional standards.
a. Height — Buildings shall have a maximum height of 50 feet.
Setbacks shall be determined by the underlvina zonina district.
3. Buffers. All non-residential development shall provide a Type I-C Buffer when
abutting Residential uses. All other buffers shall comply with 4.02.27.13.4.
G. Agribusiness/Farm Market Overlay Subdistrict (AFOS).
1. Purpose and intent. The standards described in this section shall apply to all non-
residential uses in this overlay subdistrict. Where a conflict may arise between
these regulations and LDC section 4.02.27, the subdistrict regulations shall control.
2. Exceptions. The following uses, located within the AFOS and as identified in the
Standard Industrial Classification Manual, are exempt from the provisions set forth
in LDC section 5.05.08, Architectural and Site Design Standards for Commercial
Buildings and Projects and LDC section 4.02.27.
a. Agricultural Services (0723).
b. Wholesale Trade (5148).
C. Aaricultural Outdoor Sales.
3. Dimensional standards.
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a. Dimensional standards shall be as required for the C-5 zoning district
except that the minimum floor area shall be 500 square feet of gross floor
area for permitted principal agricultural structures.
b. Building height shall have a maximum height of 50 feet.
H. Industrial Mixed Use Commercial Overlay Subdivision (IMCOS).
Purpose and intent. The standards described in this section shall apply to all non-
residential uses in this overlay subdistrict. Where a conflict may arise between
these reaulations and LDC section 4.02.27. the subdistrict reaulations shall control.
2. Dimensional standards.
a. Height. Building height shall be a maximum of 50 feet.
Setback. A minimum 75-foot building setback is required for all
development adjacent to residentially or agriculturally zoned properties.
This setback may be reduced to 50 feet if a minimum six (6) foot tall
decorative wall or fence, providing at least 80 percent, opacity is installed
within the reduce setback, and the required 20-foot landscape buffer is
located between the wall or fence and the adjacent residentially and/or
agriculturally zoned properties.
3. Landscaping and buffering_
a. A minimum 20-foot-wide veaetated landscape buffer shall be Drovided.
This vegetated buffer shall be located adjacent to all property lines and
shall contain, at a minimum, two staggered rows of trees that shall be
spaced no more than 30 feet on center, and a double hedge row at least
24 inches in height at time of planting and attaining a minimum of three (3)
feet in height within one year.
b. Existing native trees must be retained within this 20-foot-wide buffer area
to aid in achieving this buffer requirement; other existing native vegetation
shall be retained where possible, to aid in achieving this buffer requirement.
C. Water retention/detention aeras shall be allowed in this buffer area if left in
a natural state, and drainage conveyance thorough the buffer area shall be
allowed if necessary to reach an external outfall.
I. Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Area
Overlay District (IUAOD).
1. Purpose and intent. The Durpose of this section is to Drovide relief form the
dimensional standards established in LDC section 4.02.01 for new mobile home
lots approved through an existing conditions site improvement plan or
amendments thereof within the Nonconforming Mobile Home Site Overlax
Subdistrict as established in LDC section 2.03.07 G.3.a. This section shall not
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apply to the replacement of mobile home units identified on lots established by an
existing conditions site improvement plan.
2. Dimensional standards.
Table 1. Dimensional Standards for New Mobile Home Lots within the IUAOD
Design Standard
Minimum lot requirements
Single -wide units
Double -wide units
2,400 square feet
3,500 square feet
Minimum lot widths
Single -wide units
Double -wide units
35 feet
45 feet
Minimum setback requirements
10 feet
5 feet
8 feet
20 feet
Interior roads
Front yard
Side yard
Rear yard
Public Road frontages
Minimum separation between structures
10 feet
Minimum floor area for replacement units
320 square feet
3. DumDSter/Enclosure. A dumDster or enclosure for individual containers is reauired
in accordance with LDC section 5.03.04. No dumpster shall be located closer than
fifteen (15) feet from any public street.
4. Private Roads. Private roads leadina to and servina the mobile home Dark or
mobile home lots must be improved and maintained and shall consist of a dust -
free surface with a minimum width of 20 feet. The dust free surface may consist of
aggregate material treated with oil -based material that will bind the aggregate
material into a form of macadam road finish. A drainage ditch capable of storing
the first one inch of rainfall shall be incorporated into the right-of-way design -cross
section, exclusive of the required 20 feet. Drainage shall be directed to a public
road via the private road and/or easement conveyance, unless it can be proved
that the on -site percolation rates exceed the on -site retention requirement.
J. Deviation Reaulations (Dreviously LDC section 2.03.07 G.7). PrODerty owners within the
Immokalee Urban Overlay District may request deviations from specific dimensional
requirements as described in this section. A deviation request may be reviewed
administratively or by the Planning Commission depending upon its scope. This section
addresses the permissible deviations, limitations thereon, and the review process.
1. Review Drocess. Insubstantial deviations will be reviewed administrativelv by the
County Manager or designee. Substantial deviations will be reviewed by the
Hearing Examiner. This section is not intended to replace the current established
process of requesting deviations through the PUD rezoning process. Any
deviations from the LDC which are not expressly provided for in this section shall
be processed as variances in accordance with LDC section 9.04.00.
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2. Concurrent deviation application required. All deviation requests shall be made
concurrently with an application for an SDP or amendment, SIP, or Final
Subdivision Plat, or in the case of sign deviations, with a building permit. The
applicant shall list all requested deviations on the required site plan() and shall
depict the deviation(s) graphically on the plan(s). Additional graphic information
may also be required by staff, on a case -by -case basis.
3. Insubstantial deviation. Reauested deviations that do not exceed 10 Dercent of the
required dimension, amount, size, or other applicable dimensional standard, with
the exception of the required number of parking spaces, which may not exceed 20
percent of the LDC requirement (not more than 10 spaces), are insubstantial. To
be approved, the following criteria must be considered:
a. The proposed deviation is compatible with adjacent land uses and
structures, achieves the requirements of the regulations as closely as is
practicable, and meets the intent of the related LDC provisions; and
b. The applicant proposes equitable tradeoffs for the proposed diminution in
development standards, such as increased open space, landscaping1
pedestrian spaces, buffering or architectural features, in order to meet the
intent of the reaulation beina diminished.
4. Substantial deviations. Requested deviations that do not qualify as insubstantial
deviations are substantial deviations. The CCPC shall consider the following:
a. Whether or not the proposed deviation is compatible with adjacent land
uses and achieves the requirements and/or intent of the regulations as
closely as is practicable.
b. Whether the proposed deviation is the minimum amount necessary to allow
for reasonable use of the property and/or address the issue necessitating
the deviation request.
C. Whether the reduced or increased standard reauested by the deviation is
mitigated for, either on the subject site or by providing a public benefit on
the subject site. Examples of such on -site mitigation include but are not
limited to: increasing setbacks from the adjacent road right-of-way when
proposing to deviate from sign size limitations; increasing plantings or
planting sizes or installing a fence or wall where a reduced buffer width is
proposed; providing public pedestrian and/or bicycle pathway easements
or other similar mobility improvements including transit enhancements;
providing public parking; providing beautification in the public realm,
including street trees, street furniture, lighting and other similar public
benefits.
5. Applicability — List of Development Standards Eligible for Deviation Requests.
Property owners shall be eligible to seek a deviation from the dimensional
reauirements of the followina LDC sections. unless otherwise noted.
a. LDC section 2.03.01. limited to subsection A.1.b.4.ii.
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b. LDC section 2.03.03, limited to the following subsections:
i. A.1.c.11.vii. limited to a maximum of three stories, viii., and ix.; and
ii. E.1.c.4.iv.
C. LDC section 2.03.04, limited to subsection A.1.c.2.iv., minimum lot area
only.
d. LDC section 3.05.07 B.1 Preservation Standards, Specific Standards
Applicable Outside the RMFU and RLSA districts, Required Preservation
Percentages (Table 1 inset).
e. LDC section 4.02.01 A Dimensional Standards for Principal Uses in Base
Zoning Districts:
Table 1. Lot Design Requirements for Principal Uses in Base
Zonina Districts.
Table 2. Building Dimension Standards for Principal Uses in Base
Zoning Districts, excluding building height and in the case of
commercial parcels, no deviation shall be granted, for new
development, from the required 50-foot building setback when
abutting residentially zoned properties, or from the minimum 10-foot
wide landscaped strip between the abutting road right-of-way and
the off-street parking area for new development, but deviations from
these requirements may be considered in the case of
redeveloDment where existina structures and/or encroachments
are proposed to remain;
iii. Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for
Base Zoning Districts.
f. LDC section 4.02.02 Dimensional Standards for Conditional Uses and
Accessory Uses in Base Zoning Districts, limited to subsection E, except
building height.
LDC section 4.02.03 SDecific Standards for Location of Accessor
Buildings and Structures, Dimensional Standards, except that in the case
of new development on commercial parcels, no deviation shall be granted
from the required 50-foot building setback when abutting residentially
zoned properties, or from the minimum 10-foot wide landscaped strip
between the abutting road right-of-way and the off-street parking area.
Deviations from these requirements may be considered in the case of
redeveloDment where existina structures and/or encroachments are
roposed to remain
h. LDC section 4.02.03 B. Accessory Building Lot Coverage.
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i. LDC section 4.02.27 D. Specific Design Standards for the Immokalee—
State Road 29A Commercial Overlay Subdistrict, Building Design
Standards.
i. LDC section 4.02.27 E. Same —Jefferson Avenue Commercial Overlay
Subdistrict, Building Design Standards.
k. LDC section 4.02.27 G. Same—Agribusiness/Farm Market Overlay
Subdistrict, Dimensional Standards.
LDC section 4.02.27 C. Same —Main Street Overlay Subdistrict, limited to
the followina subsections: A.: CA: D.3 and DA: and E.1. E.2. and E.3.
M. LDC section 4.05.04 G. (SDaces Reauired) Table 17 and 4.05.06 B
Loading Space Requirements, utilizing the existing administrative deviation
process set forth in LDC Section 4.05.04 F.4., recognizing that the reduced
need for off-street parking in Immokalee may be offered as a viable basis
for such administrative deviation.
LDC section 4.02.27 BA Buffer Reauirements (limited to reauired width
except that in the case of new development on commercial parcels, no
deviation shall be granted from the required 50-foot building setback when
abutting residentially zoned properties, or from the minimum 10-foot-wide
landscaped strip between the abutting road right-of-way and the off-street
parking area. Deviations from these requirements may be considered in
the case of redevelopment where existing structures and/or
encroachments are proposed to remain.
o. LDC section 4.02.27 B.4.e Landscaping Requirements for Vehicular Use
Areas and Rights -of -Way, Standards for Landscaping in Vehicular Use
Areas.
P. LDC section 4.06.05 B. General Landscaping Requirements, Landscaping
requirements for industrial and commercial development, limited to
subsection B.3.
q. LDC section 4.02.27 B.4.f. General Landscaping Requirements, Building
Foundation Plantina Reauirements.
LDC section 4.02.27 B.2. Architectural and Site Design Standards, Building
Design Standards. Deviations from non -dimensional provisions of this
Section are also allowed as substantial deviations.
S. LDC section 4.02.27 B.3. Design Standards for Specific Uses. Deviations
from non -dimensional provisions of this section are also allowed as
substantial deviations.
t. LDC section 4.02.27 B.3. Architectural and Site Design Standards, Site
Design Standards, limited to subsections a, b, c. Deviations from non -
dimensional Drovisions of this section are also allowed as substantial
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deviations. Note: Nothing in LDC section 5.05.08, Architectural and Site
Design Standards, shall be deemed to prohibit the use of murals on exterior
walls of commercial buildings in the Immokalee Urban Overlay District,
provided that: 1) such murals are reviewed and accepted by the Collier
County Redevelopment Agency staff; and 2) such murals do not contain
text for the purpose of advertising any business or commercial activity.
U. LDC section 5.06.04 Development Standards for Signs in Nonresidential
Districts, limited to subsection F.
6. Public notice. Public notice, including signage, notice to property owners and an
advertised public hearing, is required for substantial deviation requests, and shall
be provided in accordance with the applicable provisions of section 10.03.05 B, for
Variances.
7. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC,
the owner or any aggrieved person may appeal the decision to the Board of Zoning
ADDeals Dursuant to section No. 250-58 of the Codes of Laws and Ordinances.
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4.02.28• venue
Commer-Gmal Over -lay
4.02.29 rift n Standards for the I.�.,.�,ekalee rams- Market Overlay
Subdustric-t
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4.02.30 — Reserved Specific Design Standards for the ' kal Agribusiness Overlay
v e�Fri�veSFl ailu� � e--ni�i�l6�c ee—rc r-Fn'-�"FFIeSrSr-vr'e
Subdostroct
4.02.31 — Reserved Specific Design Standardsfor the —Ir mokalee—Central Business
Overlay Subdistriet.
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4.02.32 — Reserved Specific Design Standards for the ;mmoka<^ee—Mann Street Overlay
CuhGt
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2 duel-exeeedsox (6) square feet in size - elevated tominimum of eight
3 (8) feet above any pedestrian way,
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5 2. SandwTnh hoards a permitted, a (1 ) per eating establishment, not to a cceed
6 sox (6) square foot in size and shall only be displayed during business he rrs
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4.02.33 — Reserved c.,e-ifin ,a
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# # # # # # # # # # # # #
5.03.02 - Fences and Walls, Excluding Sound Walls
* * * * * * * * * * * * *
G. Supplemental Standards.
1. Fences on sites with structures which are subject to LDC section 5.05.08
Architectural & Site Design Standards, except for residential properties located in
the IUAOD, must comply with the following additional standards:
a. Chain link (including wire mesh) and wood fences are prohibited forward of
the primary fagade and shall be a minimum of 100 feet from a public right-
of-way. If these types of fences face a public or private street then they
shall be screened with an irrigated hedge planted directly in front of the
fence on the street side. Plant material shall be a minimum of 3 gallons in
size and planted no more than 3 feet on center at time of installation. This
plant material must be maintained at no less than three-quarters of the
height of the adjacent fence.
b. Fences forward of the primary fagade, excluding chain link, wire mesh and
wood are permitted under the following conditions:
i. Fences shall not exceed 4 feet in height.
ii. The fence provides either an open view at a minimum of 25 percent
of its length or provides variation in its height for a minimum of 15
percent of its length with a deviation of at least 12 inches.
iii. The fence style must complement building style through material,
color and design.
2. Use of chain link or wire mesh fencing (the requirements of this section are not
applicable to single family dwellings):
a. If located adjacent to an arterial or collector road in the urban coastal area,
the fence shall be placed no closer than three feet to the edge of the right-
of-way or property line.
b. Except when located in the IUAOD, Tthe fence shall be screened by an
irrigated, living plant hedge at least thirty (30) inches in height at planting
and spaced a distance apart that will achieve opacity of 80 percent sight -
obscuring screen within one year of planting.
C. Residential properties within the IUAOD shall allow coated chain link
fences (black or green) which shall not exceed four feet in height.
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Exhibit A — List of LDC Amendments
Ord. 1982-29
Ord. 1982-32
Ord. 1991-12
Ord. 1991-72
Ord. 1995-58
Ord. 1997-26
Ord. 1998-63
Ord. 2000-08
Ord. 2000-92
Ord. 2001-34
Ord. 2002-03
Ord. 2002-31
Ord. 2004-72
Ord. 2008-63
Ord. 2010-23
Ord. 2015-44
Ord. 2016-27
Ord. 2019-35
Ord. 2022-04
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- Collier County
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20240008157 In compliance with F.S. 177. 073, this amendment updates the process for
ORIGIN issuing building permits for residential subdivisions or planned
Growth Management communities before a final plat is recorded with the clerk of circuit court.
Community Department It allows for an applicant to request up to 50 percent of planned homes or
(GMCD) number of building permits when associated with a master building permit
process. It also requires a companion amendment to the Administrative
Code for Land Development. LDC amendments are reviewed by the Board
of County Commissioners (Board), Collier County Planning Commission
(CCPC), Development Services Advisory Committee (DSAC), and the
Land Development Review Subcommittee of the DSAC (DSAC-LDR).
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 01.08.01 Abbreviations
CCPC TBD 02.03.01 Agricultural Districts
DSAC TBD 02.03.02 Residential Zoning Districts
DSAC-LDR 07/29/2024 02.03.07 Overlay Zoning Districts
02.08.08 Rural Fringe Zoning Districts
03.05.07 Preservation Standards
04.03.03 Subdivision Exemptions
04.06.02 Buffer Requirements
05.04.04 Model Homes and Model Sales Centers
06.01.02 Easements
06.05.01 Water Management Requirements
06.06.01 Street System Requirements
10.02.01 Pre -Application Conference Required
10.02.04 Requirements for Subdivision Plats
10.02.14 Landscape Plans
1 10.08.00 Conditional Use Procedures
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
2 TBD TBD TBD
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BACKGROUND
The 2024 Florida legislature adopted Senate Bill 812 and created F.S. 177.073: Expedited appproval of
residential building permits before final plats, which became law effective May 29, 2024. See Exhibit
B. It requires by no later than October 1, 2024, local governments to expedite and update the building
permit process so an applicant may request up to 50 percent of planned homes or the number of building
permits that will be issued for a residential subdivision or planned community before a final plat is
recorded. It stipulates that a local government may not alter or restict an applicant from receiving the
number of building permits, so long as the request does not exceed 50 percent. It provides for an
applicant to contract to sell, but not transfer ownership of, a residential structure or building located in
a preliminary plat before the plat is approved by local government but not obtain the final certificate of
occupancy until the final plat is approved by the Board and recorded in public records. It further requires
local governmnets to update the expedited building permit program with certain increased precentages
(up to 75%) by December 31, 2027.
In accordance with F.S. 553.794, local government residential master building permit program, the
County has an existing process for the application of single-family, two-family, and multi -family master
building permits. This amendment seeks to modify the LDC and administrative code to allow an
applicant to identify the percentage of planned homes or number of building permits that the County
will issue at the time of preliminary plat approval. The proposed LDC changes are necessary and
consistent with the Florida Statutory requirements.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
Briefly describe potential fiscal or To be provided by Comprehensive Planning Staff after
operational impacts to County and first review.
stakeholders.
EXHIBITS: A) Administrative Code Amendment B) Florida Statutory References
Amend the LDC as follows:
1.08.01 Abbreviations
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CON
Conservation Zoning District
CPD
Conce tual Plat with Deviations
CRD
Compact Rural Development
# # # # # # # # # # # #
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 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).
* * * * * * * * * * * * *
b. Accessory Uuses.
6. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminar subdivision plat for that
development. Recreational facilities may include but are not limited
to golf course, clubhouse, community center building and tennis
facilities, parks, playgrounds and playfields.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
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
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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
the density permissible under the density rating system, except as permitted by policies
contained in the future land use element.
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).
* * * * * * * * * * *
a. Accessory Muses.
4. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or ^"e'TMi;ar subdivision plat for that
development. Recreational facilities may include, but are not limited
to, golf course, clubhouse, community center building and tennis
facilities, parks, playgrounds and playfields.
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.\
9. Recreational facilities intended to serve an existing and/or
developing residential community as represented by all of the
properties/lots/parcels included in an approved n,-oir
subdivision plat, or site development plan. The use of said
recreational facilities shall be limited to the owners of property or
occupants of residential dwellings units and their guests within the
area of approved preliminary subdivision plat, or site development
plan.
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B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-
family-6 district (RMF-6) is to provide for single-family, two-family and multi -family
residences having a low profile silhouette, surrounded by open space, being so situated
that it is located in close proximity to public and commercial services and has direct or
convenient access to collector and arterial roads on the county major road network. The
RMF-6 district corresponds to and implements the urban mixed use land use designation
on the future land use map of the Collier County GMP. The maximum density permissible
in the RMF-6 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 RMF-6 district shall
not exceed the density permissible under the density rating system, except as permitted
by policies contained in the future land use element.
The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the RMF-6 district.
a. Accessory uses.
3. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or ^"e'r subdivision plat for that
development. Recreational facilities may include, but are not limited
to, golf course, clubhouse, community center building and tennis
facilities, playgrounds and playfields.
# # # # # # # # # # # #
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential
multi -family 12 district (RMF-12) is to provide lands for multiple -family residences having
a mid -rise profile, generally surrounded by lower structures and open space, located in
close proximity to public and commercial services, with direct or convenient access to
collector and arterial roads on the county major road network. Governmental, social, and
institutional land uses that serve the immediate needs of the multi -family residences are
permitted as conditional uses as long as they preserve and are compatible with the mid -
rise multiple -family character of the district. The RMF-12 district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density permissible in the RMF-12 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 RMF-12 district shall not exceed the density permissible
under the density rating system, except as permitted by policies contained in the future
land use element.
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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 multi-
family-12 district (RMF-12).
* * * * * * * * * * * * *
b. Accessory uses.
* * * * * * * * * * * * *
1. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or ^"e'r subdivision plat for that
development. Recreational facilities may include, but are not
limited to, golf course, clubhouse, community center building and
tennis facilities, playgrounds and playfields.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential
multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple -
family residences, generally surrounded by open space, located in close proximity to
public and commercial services, with direct or convenient access to arterial and collector
roads on the county major road network. Governmental, social, and institutional land uses
that serve the immediate needs of the multiple -family residences are permitted as
conditional uses as long as they preserve and are compatible with the medium to high
density multi -family character of the district. The RMF-16 district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density permissible in the RMF-16 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 RMF-16 district shall not exceed 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 multi-
family-16 district (RMF-16).
* * * * * * * * * * *
b. Accessory uses.
* * * * * * * * * * * * *
3. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminar subdivision plat for that
development. Recreational facilities may include, but are not limited
to, golf course, clubhouse, community center building and tennis
facilities, playgrounds and playfields.
* * * * * * * * * * * * *
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E. Residential Tourist District (RT). The purpose and intent of the residential tourist district
(RT) is to provide lands for tourist accommodations and support facilities, and multiple
family uses. The RT district corresponds with and implements the urban mixed use district
and the activity center district in the urban designated area on the future land use map of
the Collier County GMP.
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 tourist
district (RT).
* * * * * * * * * * * * *
b. Accessory uses.
* * * * * * * * * * * * *
4. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or ^Fe'F subdivision plat for that
development. Recreational facilities may include, but are not limited
to, golf course, clubhouse, community center building and tennis
facilities, playgrounds and playfields.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
F. Village Residential District (VR). The purpose and intent of the village residential district
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses
are located and designed to maintain a village residential character which is generally low
profile, relatively small building footprints as is the current appearance of Goodland and
Copeland. The VR district corresponds to and implements the mixed residential land use
designation on the Immokalee future land use map of the Collier County GMP. It is
intended for application in those urban areas outside of the coastal urban area designated
on the future land use map of the Collier County GMP, though there is some existing VR
zoning in the coastal urban area. The maximum density permissible in the VR 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 VR district shall not exceed the density permissible
under the density rating system, except as permitted by policies contained in the future
land use element, or as designated on the Immokalee future land use map of the GMP.
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 village residential
district (VR).
* * * * * * * * * * *
b. Accessory Muses
* * * * * * * * * * * * *
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3. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or ffeliMiRap subdivision plat for that
development. Recreational facilities may include, but are not limited
to, golf course, clubhouse, community center building and tennis
facilities, playgrounds and playfields.
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
9. Recreational facilities intended to serve an existing and/or
developing residential community as represented by all of the
properties/lots/parcels included in an approved prel ar
subdivision plat, or site development plan. The use of said
recreational facilities shall be limited to the owners of property or
occupants of residential dwellings units and their guests within the
area of approved prelimiRary subdivision plat, or site development
plan.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to
provide land for mobile homes and modular built homes, as defined in this Land
Development Code, that are consistent and compatible with surrounding land uses. The
MH District corresponds to and implements the urban mixed -use land use designation on
the future land -use map of the Collier County GMP. The maximum density permissible in
the MH 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 MH district shall not exceed
the density permissible under the density rating system, except as permitted by policies
contained in the future land use element, or as identified in the Immokalee future land use
map of the GMP.
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 mobile home district
(MH).
* * * * * * * * * * *
a. Accessory Muses.
* * * * * * * * * * * * *
3. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
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on a site development plan or preliMiRar subdivision plat for that
development. Recreational facilities may include, but are not limited
to, golf course, clubhouse, community center building and tennis
facilities, playgrounds and playfields.
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
5. Recreational facilities intended to serve an existing and/or
developing residential community as represented by all of the
properties/lots/parcels included in an approved ^"e'r
subdivision plat, PUD or site development plan. The use of said
recreational facilities shall be limited to the owners of property or
occupants of residential dwellings units and their guests within the
area of approved pFeliMiRaFy subdivision plat, or site development
plan.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
2.03.07 - Overlay Zoning Districts
* * * * * * * * * * * * *
D. Special Treatment Overlay (ST).
* * * * * * * * * * * * *
4. Transfer of Development Rights (TDR).
* * * * * * * * * * * * *
b. Transfer of development rights from urban areas to urban areas. An owner
of land located within areas designated as urban on the Future Land Use
Map, including agriculturally zoned properties, which may or may not be
identified with the ST overlay, may elect to transfer some or all of the
residential development rights from one parcel of land to another parcel, as
an alternative to the development of the sending lands. The lands to which
the development rights are to be transferred shall be referred to as
receiving lands and those lands from which development rights are
transferred shall be referred to as sending lands, as provided herein and
shall be located within the urban designated areas of the county.
* * * * * * * * * * * * *
vii. Procedure for obtaining transfer of residential development rights.
Any owner of eligible land may apply for a transfer of development
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rights either separately or concurrently with rezoning, zoning
ordinance amendments, ^''e'F subdivision plat or
development plan. Prior to the approval of any transfer of
development rights or the issuance of any building permits in
connection with the use of any transfer of development rights, the
petitioner shall submit the following information and data, as
applicable to the petition, to the development services director for
his review and subsequent action by the Board of County
Commissioners.
# # # # # # # # # # #
E. Historical and Archaeological Sites (H). It is the intent of these regulations to recognize
the importance and significance of the County's historical and archaeological heritage. To
that end, it is the county's intent to protect, preserve, and perpetuate the County's historic
and archaeological sites, districts, structures, buildings, and properties. Further, the BCC,
finds that these regulations are necessary to protect the public interest, to halt illicit digging
or excavation activities which could result in the destruction of prehistoric and historic
archaeological sites, and to regulate the use of land in a manner which affords the
maximum protection to historical and archaeological sites, districts, structures, buildings,
and properties consistent with individual property rights. It is not the intent of this LDC to
deny anyone the use of his property, but rather to regulate the use of such property in a
manner which will ensure, to the greatest degree possible, that historic and archaeological
sites, districts, structures, buildings, and properties are protected from damage,
destruction, relocations, or exportations.
2. Applicability during development review process; county projects; agriculture;
waiver request.
e. Preliminary subd'VOSOGR plat. Submittal for a preliMiRary subdiViSieR plat
within an area of hiSteriGallarGhaeelegiGal prebability but not subjeGt tG
beard shall review the reGOMmendations derived from the survey and
assessment and submit their reGOMmendatiens to the Collier County
Reserved.
Final subdivision plat or site development plan (SDP). Submittal for a final
subdivision plat, including construction documents or site development
plan (SDP) within an area of historical/archaeological probability but not
subject to subsections b, c, or e of this section shall include a
historical/archaeological survey and assessment prepared by a certified
archaeologist. The preservation board shall review the recommendations
derived from the survey and assessment which shall be incorporated into
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the final subdivision plat and construction document or local development
order.
* * * * * * * * * * * * *
L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO).
5. Development criteria. The following standards shall apply to all uses in this overlay
district.
* * * * * * * * * * * * *
a. Accessory uses.
* * * * * * * * * * * * *
iv. Recreational facilities that serve as an integral part of a
residential development and have been designated,
reviewed and approved on a site development plan or
pre' Tart' subdivision plat for that development.
Recreational facilities may include, but are not limited to,
golf course, clubhouse, community center building and
tennis facilities, playgrounds and playfields.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
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.
a. Outside rural villages.
* * * * * * * * * * * * *
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9 iii. Recreational facilities that serve as an integral part
10 of a residential development and have been
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13 that development. Recreational facilities may
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20 3. Neutral lands. Neutral lands have been identified for limited semi -rural residential
21 development. Available data indicates that neutral lands have a higher ratio of
22 native vegetation, and thus higher habitat values, than lands designated as RFMU
23 receiving lands, but these values do not approach those of RFMU sending lands.
24 Therefore, these lands are appropriate for limited development, if such
25 development is directed away from existing native vegetation and habitat. Within
26 neutral lands, the following standards shall apply:
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28 a. Allowable uses. The following uses are permitted as of right:
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32 (2) Accessory uses. The following uses are permitted as accessory to
33 uses permitted as of right or to approved conditional uses:
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48 3.05.07 - Preservation Standards
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Recreational facilities that serve as an integral part of a
residential development and have been designated,
reviewed, and approved on a site development plan or
preliminary subdivision plat for that development.
Recreational facilities may include, but are not limited to
clubhouse, community center building, tennis facilities,
playgrounds and playfields.
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All development not specifically exempted by this ordinance shall incorporate, at a minimum,
the preservation standards contained within this section.
H. Preserve standards.
1. Design standard
* * * * * * * * * * * * *
d. Preserve mechanisms. All preserve areas shall be designated as
preserves on all site plans.
On -site County required preserves shall be dedicated to the County as
non-exclusive conservation easements without placing on the County
the responsibility for maintenance of the preserve area, and the
easement conveyance to the County shall include the right of access
from existing road right-of-way. The easement shall dedicate the
responsibility of maintenance to a property owners association or similar
entity, and it shall contain allowable uses and limitations to protect the
preserve. All preserve areas shall be shown on the pFelimin,r„ and fine
subdivision plats in accordance with section 10.02.04, with language
similar to Section 704.06 F.S.
No individual residential or commercial lot, parcel lines, or other
easements including, but not limited to, utility or access easements that
are not compatible with allowable uses in preserve areas, may project
into a preserve area.
State and federal parks and preserves shall not be required to place their
preserves in a conservation easement.
Any conservation easement or other document restricting uses in a
preserve area shall contain the following statement (consistent with
CCME GMP Policy 1.1.6):
"Oil extraction and related processing operations are uses which are
exempt from the restrictions herein and shall remain allowed uses on the
lands described herein."
* * * * * * * * * * * * *
# # # # # # # # # # # # #
4.03.03 - Subdivision Exemptions
Before any property or development proposed to be exempted from the terms of this section may
be considered for exemption, a written request for exemption shall be submitted to the County
Manager or designee. After a determination of completeness, the County Manager or designee
shall approve, approve with conditions, or deny the request for exemption based on the terms of
the applicable exemptions. Procedures for application, review, and decision regarding
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exemptions from these subdivision requirements are set forth in the Administrative Code. To the
extent approved, the following may be exempted from these subdivision requirements.
A. Active agricultural uses. Agriculturally related development as identified in the permitted
and accessory uses allowed in the rural agricultural district A and located within any area
designated as agricultural on the future land use map of the Collier County GMP and the
Collier County official zoning atlas, except single-family dwellings and farm labor housing
subject to LDC sections 5.05.03 and 2.03.00 shall be exempt from the requirements and
procedures for nroliry subdivision plats and construction plans; provided, however,
nothing contained herein shall exempt such active agricultural uses from the requirements
and procedures for final subdivision plats, and where required subdivision improvements
are contemplated, the posting of subdivision performance security.
B. Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the
requirements and procedures for prnl�rcT MiRary subdivision plats and improvement plans;
provided, however, nothing contained herein shall exempt such division of land into
cemetery lots or parcels from the requirements and procedures for final subdivision plats
and, where required subdivision improvements are contemplated, the posting of
subdivision performance security; and provided, further, that such division of land into
cemetery lots or parcels shall be subject to and comply with the requirements and
procedures for site development plans as set forth in the Administrative Code and Chapter
10, and shall obtain site development plan approval for the entire property proposed for
such division of land into cemetery lots or parcels.
F. The division of property, occurring prior to July 15, 1998, meeting the definition of rural
subdivision shall not require the subdivider to record a final plat nor comply with the
subdivision regulations provided in LDC section 4.03.00. Nor shall the division of property
occurring after July 15, 1998, in the rural area require the property owner to record a final
plat nor comply with the subdivision regulations provided in LDC section 4.03.00, if the
property so divided has been the subject of a rezoning hearing by the BCC within the 24
month period preceding July 15, 1998. The subdivision of properties occurring after July
15, 1998 shall not be exempt from platting and filing a preliminary suh,�;eR plat (PSP)
construction plans and final subdivision plat (PPL). However, the applicability of all
required subdivision improvements and standards as set forth in section LDC 4.03.00,
required improvements, of this LDC shall be determined by the County Manager or
designee on a case by case basis. The applicant, through the preliminary subdivision plot
! conceptual plat with deviations (CPD) process may request waivers from certain
"required improvements". The subdivider and purchaser of property meeting definition (a)
of rural subdivision shall comply with section 4.03.03 of this LDC. The division of property
not meeting the definition of rural subdivision is required to comply with all requirements
of section 4.03.00.
G. Rural area subdivision requirements.
Deeds and other conveyances. All deeds and other conveyances for properties
shall include in ten -point type the following statement: "NO GOVERNMENTAL
AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE
FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE
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DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS -OF -WAY PROVIDING
INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED."
Building permits for rural subdivisions. Building permits will not be issued until the
final subdivision plat is recorded except when issued pursuant to F.S. 177.073 .
# # # # # # # # # # # # #
4.06.02 — Buffer Requirements
B. Methods of determining buffers. Where a property adjacent to the proposed use is: (1)
undeveloped, (2) undeveloped but permitted without the required buffering and screening
required pursuant to this Code, or (3) developed without the buffering and screening
required pursuant to this Code, the proposed use shall be required to install the more
opaque buffer as provided for in table 2.4. Where property adjacent to the proposed use
has provided the more opaque buffer as provided for in table 2.4, the proposed use shall
install a type A buffer.
Where the incorporation of existing native vegetation in landscape buffers is determined
as being equivalent to or in excess of the intent of this Code, the planning services director
may waive the planting requirements of this section.
Buffering and landscaping between similar residential land uses may be incorporated into
the yards of individual lots or tracts without the mandatory creation of separate tracts.
If buffering and landscaping is to be located on a lot, it shall be shown as an easement for
buffering and landscaping.
The buffering and screening provisions of this Code shall be applicable at the time of
planned unit development (PUD), preliminary subdivision plat (CPDRSR) or site
development plan (SDP) review, with the installation of the buffering and screening
required pursuant to LDC section 4.06.05 H. If the applicant chooses to forego the optional
CPDRSR process, then signed Signed and sealed landscape plans will be required on the
final subdivision plat. Where a more intensive land use is developed contiguous to a
property within a similar zoning district, the planning services director may
require buffering and screening the same as for the higher intensity uses between those
uses.
Landscape buffering and screening standards within any planned unit development shall
conform to the minimum buffering and screening standards of the zoning district to which
it most closely resembles. The planning services director may approve alternative
landscape buffering and screening standards when such alternative standards have been
determined by use of professional acceptable standards to be equivalent to or in excess
of the intent of this Code.
# # # # # # # # # # # # #
5.04.04 - Model Homes and Model Sales Centers
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* * * * * * * * * * * * *
B. Model homes and model sales centers located within residential zoning districts, a
residential component of a PUD, the estates (E) zoning district, or the agricultural (A)
zoning district, shall be restricted to the promotion of a product or products permitted within
the zoning district in which the model home or model sales center is located and further
subject to the following:
5. Temporary use permits for model homes or model sales centers to be located
within a proposed single-family development prior to final plat approval may be
requested by the applicant and require:
* * * * * * * * * * * * *
f. The boundaries depicted on the prelims subdivision plat shall be
depicted on the SDP in order to ensure compliance with the applicable
development standards in effect on the subject property.
g. Final lot grading and drainage conveyance shall be in conformance with
the master grading plan for the project as depicted on the ppelimiRary
subdivision plat submittal documents.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
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 OR the preliminary subdivision plat and dedicated on the
fk a4 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 find
subdiyisien plots er enly OR the final subdivision plat if the applicant cheeses net +e submit
the eptienal preliminary si ibd'Visien plat. Any buildable lot or parcel subject to or abutting
a protected/preserve area required to be designated on the preliminary and final
si bdiyisien plats er eRly en the final subdivision plat If the applicant nheeses net to submit
the eptiepal preliminary si bdiVisien 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 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 preliT
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and final subdiVOSO R plate, OF GRIY OR the final subdivision plat ,f the applicant GhOOsec nr)t
to submit the eptiGRal preliminary s bdiyisiOR 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 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 anal final subdiVioien plate or enhy OR the final subdivision
plat ,f the applicant nheeseo RGt tp submit the eptippal preliMiRary subdiViSOOR plat may
do so by grant or dedication without being bound by the provisions of this section.
# # # # # # # # # # # # #
6.05.01 - Water Management Requirements
A complete stormwater management system shall be provided for all areas within the subdivision
or development, including lots, streets, and alleys.
A. The system design shall meet the applicable provisions of the current County codes and
ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida
Administrative Code, and any other affected state and federal agencies' rules and
regulations in effect at the time of preliminary subdivision plat submission. Water
management areas will be required to be maintained in perpetuity according to the
approved plans. Water management areas not maintained will be corrected according to
approved plans within 30 days.
# # # # # # # # # # # # #
6.06.01 - Street System Requirements
B. The street layout of all subdivisions or developments shall be coordinated with the street
systems of the surrounding areas, adjacent properties shall be provided with local street
interconnections unless topography, other natural features, or other
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ordinances/regulations do not allow or require said connections. All arterial or collector
streets shall be planned to conform to the GMP. collector and arterial streets within a
development shall not have individual residential driveway connections. Their location and
right-of-way cross-section must be reviewed and approved by the County Manager or
designee during the prelimiRary subdivision plat review process. All subdivisions shall
provide rights -of -way in conformance with the GMP and the right-of-way cross-section
contained in Appendix B. All streets shall be designed and constructed to provide for
optimum vehicular and pedestrian safety, long service life, and low cost of maintenance.
P. Street names.
3. All street names shall be subject to approval by the County Manager or designee
during the pFel aFy subdivision plat approval process.
10.02.01 - Pre -Application Conference Required
l9
Subdivision review procedures.
1. Preapplication conference. Prior to formal filing of a nroliF subdivision plat,
an applicant shall confer with the County Manager or his designee to obtain
information and guidance. The purpose of such a conference is to permit the
applicant and the County Manager or his designee to review informally a proposed
development and determine the most efficient method of development review
before substantial commitments of time and money are made in the preparation
and submission of the preliFniRary s bdiVicieR plat improvement plans, fieal
subdivision plat, and related documents.
a. Preapplication. A written preapplication shall be submitted to the County
Manager or his designee at any time prior to the review of a proposed
preliminary or final subdivision plat. The written application shall contain
the following:
* * * * * * * * * * * *
i. Written statement. Ten copies, unless otherwise specified by the
County Manager or his designee, of a written statement generally
describing the condition of the property and the proposed
development of the entire subdivision. This statement shall include
but is not necessarily limited to data on existing covenants or
restrictions, location of utility facilities and public facilities, general
soil characteristics, and other information describing the subdivision
proposed, such as number of parcels, lots, or tracts; typical lot or
other parcel configuration; water retention areas; public areas;
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anticipated utility sources; zoning classifications; and any other
information needed for preparation and review of the pre''
subdivision plat.
* * * * * * * * * * * * *
b. Issues of discussion. Issues that shall be discussed at the preapplication
conference shall include but are not limited to the following:
* * * * * * * * * * * * *
iv. Application contents. In conformance with the requirements of this
section, the County Manager or his designee shall establish the
contents of the preliminary Or final subdivision plat required to be
submitted for the proposed development. This shall include
descriptions of the types of reports and drawings required, the
general form which the preliminan, OF final subdivision plat shall
take, and the information which shall be contained within the
preliminary er final subdivision plat and supporting documentation.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.02.04 - Requirements for Preliminary and Final Subdivision Plats
This section shall be read in conjunction with subdivision design standards, in particular, LDC
Chapters 3, 4, and 6.
A. Requirements for Prer,-,,;,,a,-„ Subdivision O��O� Conceptual Plat with Deviations
CPD J. A preliminary subdivision conceptual plat with deviations provides an overall
scheme of development for a subdivision. It may be used when only one phase of a multi -
phased development is to be constructed. Except for an integrated phased development,
a preliminary subdivision conceptual plat with deviations is optional while a final
subdivision plat is mandatory.
1. Generally.
a. Approved zoning. No preliminary subdivision conceptual plat with
deviations shall be approved prior to final approval of the zoning or planned
unit development for the proposed subdivision. However, the zoning
application and the preliminary s bdiyisien conceptual plat with deviations
may be processed concurrently by the County Manager or designee at the
request of the applicant.
b. No development shall be allowed prior to approval of the construction plans
and final subdivision plat, except for the early work authorization (EWA)
permit and early construction authorization (ECA) permit pursuant to
pursuant to LDC section 10.02.00.
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C. Integrated phased developments. A preliminary subdivision conceptual plat
with deviations application shall be submitted in accordance with this
section for any integrated phased development.
2. Application for preliminary s bdiVicinn conceptual plats with deviations.
a. The Administrative Code shall establish the process and submittal
requirements for a preliminary s bdiVicinn conceptual plat with deviations.
A preliminary of bdiVioinn conceptual plat with deviations shall include the
entire property to be subdivided and recorded.
C. The preliminary S bdiViGinn conceptual plat with deviations shall be
prepared by the applicant's professional engineer and professional
surveyor and mapper.
d. The boundary survey for the preliminary s bdiVOSOGR conceptual plat with
deviations shall be signed and sealed by a professional surveyor and
mapper registered in the State of Florida.
3. Review by County Manager or designee. County Manager or designee shall
approve, approve with conditions, or deny the preliminary of b diVOSOOn conceptual
plat with deviations utilizing the standards established in LDC chapters 3, 4, 6, and
other provisions of the LDC. The decision to approve with conditions, or deny the
preliminary s bdiyisinn conceptual plat with deviations may be appealed to the
Board of County Commissioners pursuant to Code of Laws and Ordinances
section 250-58. If the County Manager or designee should deny the prelims
sobd+v+sfer► conceptual plat with deviations, he it shall be stated in writing the
reasons for such denial, including and shall Gite the applicable code or regulatory
basis for the conditions or denial.
4. Amendments. Any amendment to the approved preliminary s bdiyisien conceptual
plat with deviations submitted by the applicant shall be reviewed according to the
standards established in LDC chapters 3, 4, 6, and other provisions of the LDC.
The County Manager or designee shall have the authority to approve amendments
to the approved preliminary subdivision conceptual plat with deviations provided
those amendments are based on generally accepted, sound, professional
engineering principles and practices in the state. Amendments shall be made prior
to the processing of the construction plans and final subdivision plat. Requests for
amendments shall be in writing in the form of an amended preliminary subdivision
conceptual plat with deviations and shall provide clear and convincing
documentation and citations to professional engineering studies, reports or other
generally accepted professional engineering services in the state to substantiate
the amendment requested.
5. Conditions. The County Manager or designee has the authority to approve
requests for substitutions to the design standards contained in the LDC provided
those requests are based on generally accepted, sound and safe, professional
engineering principles and practices. Requests for substitutions shall be made in
writing and shall provide clear and convincing documentation and citations to
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professional engineering studies, reports or other generally accepted professional
engineering sources to substantiate the substitution requested.
6. Timing of development. Within 2 years after the date of written approval or
approval with conditions of the preliminary s bdiViSiOR conceptual plat with
deviations, the applicant shall prepare and submit to the County Manager or
designee the construction plans and final subdivision plat for at least the first phase
of the proposed subdivision. Each subsequent phase of the preliminary s b diyiciGR
conceptual plat with deviations shall be submitted within 2 years after the date of
written approval of the immediately preceding phase of the proposed subdivision.
a. Extensions. Two, 2-year extensions to submit the construction plans and
final subdivision plat shall be granted for good cause shown upon written
application submitted to the County Manager or designee prior to expiration
of the preceding approval. When granting an extension the County
Manager or designee shall require the prelirpinani subdi„iGi„n conceptual
plat with deviations be modified to bring the project into compliance with
the LDC at the time of the extension request.
7. No vested rights. It is hereby expressly declared that the intent of this section is to
create no vested rights in the applicant or owner of property which obtains approval
of a preliminary s bdiVioipn conceptual plat with deviations, and the County shall
not be estopped to subsequently deny approval of the construction plans and final
subdivision plat based on changes in federal, state, or local laws or regulations, or
upon any other facts or circumstances subsequently arising or considered which
would adversely affect the feasibility or desirability of the prelimipar„ s b di„iSOGR
conceptual plat with deviations, nor shall the County be estopped to deny any
rezoning in which a preliminary s bdiViciGR conceptual plat with deviations is
submitted in support of such rezoning.
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final
subdivision plats are commonly referred to as "plans and plat."
2. Application for Construction Plans and Final Subdivision Plats.
d. The final subdivision plat shall conform to the approved prelims
sobd+v+sien conceptual plat with deviations and shall constitute only that
portion of the approved preliminary s ibd'Vioien conceptual plat with
deviations which the applicant proposes to construct.
e. Improvements for construction plans and final subdivision plats are
identified in the LDC section 10.02.04 C, and are required in conjunction
with the subdivision and development of any and all property pursuant to
LDC section 10.02.03 within the unincorporated areas of the County. All
required improvements shall be designed and constructed in accordance
with the design requirements and specifications of the entity having
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responsibility for approval, including all federal, state, and local agencies.
Construction plans for final subdivision plats shall include at a minimum:
Streets, sidewalks, paving, grading, and stormwater management
(drainage);
Bridges and culverts;
iii. Water and sewerage systems, including, where applicable, water
reuse/irrigation pumping, storage and transmission/distribution
systems;
iv. Street lighting. Plans for streetlights shall bear the approval of the
utility authorities involved. If the street lighting system is to be
privately owned and maintained by a property owners' association
or similar entity, it shall be designed by the applicant's engineer;
V. Landscaping within public rights -of -way, parks, recreational areas;
and
vi. Parking areas.
3. County Manager review of construction plans and final subdivision plats.
a. The County Manager or designee shall review and evaluate the
construction plans and final subdivision plat in conformance with
the LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S.
ch. 177. The County Manager or designee shall review and
evaluate the construction plans and final subdivision plat in light of
the requirements established in the LDC and Administrative Code.
Based on the review and evaluation, the County Manager or
designee shall approve, approve with conditions, or deny the
construction plans and final subdivision plat. If the construction
plans and final subdivision plat is denied, then the final subdivision
plat shall not be submitted to the Board until the construction plans
and final subdivision plat have been approved or approved with
conditions by the County Manager or designee. The approval of the
County Manager or designee is subject to Board approval, noted
below.
b. If the constructions plans and final subdivision plat are approved or
approved with conditions by the County Manager or designee, the
County Manager or designee shall recommend that the Board
approve, approve with conditions, or deny the final subdivision plat.
If the County Manager or designee denies or places conditions on
the construction plans or recommends denial or conditions on the
final subdivision plat, he shall state reasons and cite the applicable
code or regulatory basis for the decision.
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C. Once the construction plans and final subdivision plats are
submitted by the applicant for review by the County Manager or
designee, they will remain under review so long as a resubmittal in
response to a county reviewer's comments is received within 270
days of the date on which the comments were sent to the applicant.
If a response is not received within this time, the application for
construction plans and final subdivision plat review will be
considered withdrawn and cancelled. Further review of the project
will require a new application and the appropriate fees paid by the
applicant.
d. Digital submission. After the final subdivision plat has been
approved by the County Manager or designee for compliance with
the LDC, as provided in this section, the applicant shall resubmit 5
certified sets of the approved construction plans along with
approved copies of all required county permits. The applicant's
professional engineer shall also submit a set of digitally created
construction/site plan documents, 1 disk (CDROM) of the master
plan file, including, where applicable, easements, water/wastewater
facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be
delivered in the state plane coordinate system, with a Florida East
Projection, and a North American Datum 1983/1990 (NAD83/90
datum), with United States Survey Feet (USFEET) units; as
established by a Florida registered professional surveyor and
mapper. All information shall have a maximum dimensional error of
+0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange
File (DXF) format; information layers shall have common naming
conventions (i.e. right -of -way —ROW, centerlines—CL, edge-of-
pavement—EOP, etc.). For a plan to be deemed complete, the
layering scheme must be readily understood by county staff. All
property information (parcels, lots, and requisite annotation) shall
be drawn on a unique information layer, with all linework pertaining
to the property feature located on that layer. Example: parcels —All
lines that form the parcel boundary will be located on 1 parcel layer.
Annotations pertaining to property information shall be on a unique
layer. Example: lot dimensions—Lottxt layer.
4. Board approval of the final subdivision plat.
a. Following approval or approval with conditions by the County
Manager or designee, the County Manager or designee shall place
the final subdivision plat on the consent agenda for its next available
regularly scheduled Board hearing. The Board shall consider
approval of the final subdivision plat together with the approval of
standard form, Construction Maintenance Agreement, and approval
of the amount of performance security for the required
improvements based on the estimate of probable cost.
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b. If all members of the Board consent to the recommendation of the
County Manager or designee, then the recommendation of the
County Manager or designee on the final subdivision plat shall
remain on the consent agenda and the final subdivision plat shall
be approved. If any member of the Board objects to the
recommendation of the County Manager or designee or otherwise
requests discussion on the recommendation, then the
recommendation shall be taken off the consent agenda and may be
discussed or scheduled for a subsequent hearing date. After due
notice of the hearing to the applicant, the Board shall hold a hearing
on the final subdivision plat. At the hearing, the Board shall consider
the County Manager or designee's recommendation and shall take
evidence and testimony in regard to the final subdivision plat
requirements identified in LDC sections 10.02.04 B and 10.02.04 C,
and other provisions of the LDC. The Board shall approve, approve
with conditions, or deny the final subdivision plat. If the Board of
denies or places conditions on the final subdivision plat, it shall state
reasons for such denial or conditions.
C. Approval of the final subdivision plat shall not constitute acceptance
of public dedicated facilities. Acceptance of any such dedicated
public facilities and responsibility for their maintenance shall be by
separate resolution of the Board of County Commissioners. See
LDC section 10.02.05 C.3.
d. After Board approval of the preliminary and final subdivision plat,
building permits may be issued for a percentage of planned homes
in accordance with the Florida Building Code and pursuant to F.S.
177.073. Subdivision performance security shall be in accordance
with LDC section 10.02.04 F.2.b.i., LDC section 10.02.04 F.3.e., or
when utilizing F.S. 177.073.
5. Insubstantial changes and amendments to construction plans and final
subdivision plats.
a. Insubstantial Changes to Construction Plans (ICP). Following
approval by the County Manager or designee of the construction
plans, the applicant may request insubstantial changes to the
construction plans.
Application. The Administrative Code shall establish the
process and the submittal requirements for an insubstantial
change to the construction plans. Construction plans shall
be prepared pursuant to LDC section 10.02.04 B.
b. Following approval by the Board of the final subdivision plat, but
prior to recordation, the County Manager or designee may approve
minor insubstantial changes to the final subdivision plat.
Insubstantial changes are insignificant to the project, such as a
correction or change on the cover sheet.
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C. Following approval by the Board of the final subdivision plat, but
prior to recordation, the Board may approve amendments to the
final subdivision plat. This is commonly referred to as a "PPLA".
.Application. The Administrative Code shall establish the
process and the submittal requirements for the final
subdivision plat amendment. The final subdivision plat shall
be prepared pursuant to LDC section 10.02.04 B.
6. Relationship of Final Subdivision Plats to Site Development Plans. No site
development plan may be accepted for concurrent review with a
1T elimi 616119diVISIOR conceptual plat with deviations. Once the
preliminary subdiViSiOR conceptual plat with deviations has been approved,
site development plans may be submitted for review concurrent with the
submittal of the final subdivision plat. No site development plan may be
approved until the final subdivision plat receives administrative approval,
and no building permits may be issued until the final subdivision plat is
recorded, unless otherwise provided for in the LDC.
7. Timing of recording and development.
a. Recording. Within 18 months of the date of approval of the final
subdivision plat by the Board, the applicant shall submit the final
subdivision plat to the County Manager or designee for recording.
b. Required improvements to be completed. The improvements
required for the final subdivision plat shall be completed within 18
months from the date of approval by the Board unless a written
extension request is approved by the County Manager or designee.
C. Integrated phased development. Each subsequent phase of the
project shall be submitted within 2 years following the date of written
approval of the most recently approved final subdivision plat in
accordance with LDC section 10.02.04 A.6.
D. General Requirements for a Minor Final Subdivision Plat (FP).
Generally. Minor final subdivision plat approval may be requested as an alternative
to construction plans and final subdivision plat if the following criteria are met:
a. No prelirninar subdivision plat is submitted or approved.
Required improvements are not required for the subdivision.
C. No security performance bond is required for the subdivision.
d. No phasing is required or proposed for the subdivision.
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F. Recordation of the Final Subdivision Plat.
Generally. No building permits for habitable structures shall be issued prior to
approval by the Board of County Commissioners and recordation of the final
subdivision plat, except as provided in LDC sections 5.04.04 and, LDC section
10.02.04 B.6., and LDC section 10.02.04 B.4.d., as applicable.
2. Posting of subdivision performance security at the time of recording or when
utilizina F.S. 177.073.
a. The final subdivision plat shall not be recorded until a subdivision
performance security for the construction of the required improvements,
both on -site and off -site, has been posted by the applicant and approved
and accepted by the Board or the County Manager or designee on behalf
of the Board.
The applicant's professional engineer shall prepare an opinion of the
probable construction cost or the actual contractor's bid price, which
includes the cost of all required improvements, to determine the amount of
the subdivision performance security.
If no construction of the required improvements has begun at the
time of posting of the subdivision performance security, the security
shall be an amount equal to 110 percent of the sum of construction
costs for all on -site and off -site required improvements based on
the applicant's professional engineer's opinion of the probable
construction costs or contract bid price.
If construction of the required improvements has begun at the time
of posting the subdivision performance security, the security shall
be in an amount equal to 10 percent of the applicant's professional
engineer's opinion of the probable construction cost or contract bid
price, plus 100 percent of the required improvements to be
completed, such as the final lift of asphalt and uncompleted
sidewalks.
iii. If construction of all required improvements has been completed
and accepted by the Board at the time of recording, only a
performance maintenance guarantee at an amount equal to 10
percent of the applicant's professional engineer's opinion of the
probable construction cost or contract bid price shall be provided.
iv. No subdivision performance security shall be required where
improvements are to be constructed by a general-purpose
government such as a county or municipality, a local school district,
or state agency. A subdivision performance security shall be
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required of an independent special-purpose government such as a
community development district (CDD).
C. The subdivision performance security shall be prepared pursuant to
Appendix A of the LDC and shall be one of the following forms:
Construction, maintenance, and escrow agreement, or
Construction Maintenance Agreement and one of the following:
(a) Cash deposit agreement with the County, or
(b) Irrevocable standby letter of credit, or
(c) Surety bond.
d. Once the form of a subdivision performance security has been approved
and accepted by the Board, alternate securities, in a format approved by
the County Attorney, may be approved by the County Manager or
designee, on behalf of the Board.
3. Recordation Procedure. After approval of the final subdivision plat by the Board,
but prior to the recording of the final subdivision plat with the clerk of the circuit
court, the following shall occur:
a. The applicant shall obtain all of the signatures on the original plat cover
sheet(s) that are associated with the applicant's obligations and shall
submit the original final subdivision plat, and any separate consents, or
opinions or certifications of title, to the County Manager or designee.
The applicant shall provide 3 copies and 1 mylar of the recorded final
subdivision plat and accompanying documents to the County Manager or
designee.
C. Simultaneously with the submission of the executed final subdivision plat
to the County Manager or designee, the applicant shall also submit in
accordance with F.S. ch. 177, at no expense to the County, either a title
opinion from an attorney licensed to practice in the State of Florida or
certification from a title company. The effective date of the title opinion or
certification must be no more than 30 days prior to the submission of the
final subdivision plat to the County Manager or designee and must contain
all of the following:
A legal description of at least the lands being platted;
A statement that the attorney is licensed to practice in the State of
Florida and that the attorney has examined title to the subject real
property, if a title opinion is being provided;
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iii. Identification of the exact name of any person who is the record
owner of the subject real property and a specific citation to the
official records book and page, where each record legal owner
obtained title to the subject real property. The title information shall
include a copy of said instrument(s) of conveyance; and
iv. Identification of liens, encumbrances, easements, or matters shown
or that should be shown as exclusions to coverage on a title
insurance policy. As may be applicable, the title information shall
include in a neatly bound fashion and make citation to the recording
information of all referenced liens, encumbrances, easements, or
exclusions. The title information shall include a copy of any such
instruments.
d. Payment of recording and copy fees. Upon compliance with this section
and payment of fees by the applicant, the County Manager or designee
shall record the final subdivision plat with the clerk of the circuit court in the
official records of Collier County, Florida.
e. Construction and Maintenance Agreement. The applicant shall enter into a
construction and maintenance agreement with the County, in a form
acceptable to the County Attorney, which establishes the terms and
conditions for the construction and maintenance of the improvements
required during the 18-month construction period, after the plat is recorded
or when utilizing F.S. 177.07, or a time frame established in an approved
extension request by the County Manager or designee. This agreement
shall be submitted with the final subdivision plat for review and approval
and shall be executed by all parties at the time of recording of the final
subdivision plat.
Recording of other documents. If any dedications, grants, conveyances,
easements, consents (including mortgagee consents), reservations,
covenants, or other like instruments are to be recorded by separate
instrument simultaneously with the final subdivision plat, appropriate fees
and original documentation must be provided by the applicant to the County
Manager or designee for processing and recording by the clerk of court. All
documents shall be submitted prior to or at the time of recording of the final
subdivision plat.
g. Supporting "gap" title information. Within 60 days of recordation of the final
subdivision plat in the official records of Collier County, Florida, the
applicant, at no expense to the County, shall submit to the County Manager
or designee final supporting "gap" title information. The final supporting title
information must meet all of the requirements of 10.02.04 F.3.c, except as
to the effective date. Receipt and approval of the "gap" title information is
a condition precedent to preliminary acceptance of subdivision
improvements by the Board.
The effective date of the supporting "gap" title information must be through
the date of recordation of the final subdivision plat and must, at a minimum,
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cover the "gap" between the time the effective date of the information
required by 10.02.04 F.3.c above, when submitted and the date of
recording of the final subdivision plat. The final supporting "gap" title
information must include a copy of any required instruments not previously
provided in connection with submittals for the recording of the final
subdivision plat.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.02.14 - Landscape Plans
A. Landscape plan required. Prior to the issuance of any PFeliRqiRaFY subdivision plat, final
site development plan, or building permit, an applicant whose development is covered by
the requirements of this section must submit a landscape plan to the County Manager or
his designee. The landscape plan must bear the seal of a Landscape Architect registered
in the State of Florida. The landscaping required for single-family, two family, and mobile
home dwelling units must be shown on the building permit plot plan. This plan is not
required to bear the seal of a landscape architect.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.08.0 -CONDITIONAL USE PROCEDURES
* * * * * * * * * * * *
Conditional uses for school or religious purposes. A use which has been approved as part
of a prelirninar subdivision plat or a planned unit development for schools, religious or
eleemosynary uses shall be exempt from the provisions of this section. Such uses must
comply with the provisions of LDC section 10.02.03, site development plan approval, as
applicable, and all other zoning requirements.
* * * * * * * * * * * *
# # # # # # # # # # # #
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
G. Plat Recording
Reference LDC section 10.02.04 F.
Applicability This procedure is to ensure proper legal description, identification, documentation, and
recording of real estate boundaries. This procedure occurs after approval of the final
subdivision plat by the BCC.
No building permit for habitable structures shall be issued prior to approval by the BCC
and recordation of the final subdivision plat, except as identified in LDC sections 5.05.04
5.04,04, a4+d 10.02.04 B.6 , and 10.02.04 B.4.
Pre -Application A pre -application meeting will have occurred at the time of submittal of the construction
plans and final subdivision plat or minor final subdivision plat.
Initiation The applicant files an "Application for Plat Recording (PR)" with the Development Review
Division.
G*See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Original PPL number.
3. Construction and Maintenance Agreement.
4. Original sepia mylar of the final subdivision plat, with surveyor's certification that the
mylar contains no revisions from the most recent submittal of the final subdivision
plat to the Development Review Division.
S. Pursuant to LDC section 10.02.04 F.3, an original title opinion from an attorney
licensed to practice in the State of Florida, which contains the following:
a. A legal description of at least the lands being platted;
b. A statement that the attorney is licensed to practice in the State of Florida
and that the attorney has examined title to the subject real property, if a
title opinion is being provided;
c. Identification of the exact name of any person who is the record owner of
the subject real property and a specific citation to the official records book
and page, where each record legal owner obtained title to the subject real
property. The title information shall have attached thereto a copy of said
instrument(s) of conveyance; and
d. Identification of liens, encumbrances, easements, or matters shown or that
should be shown as exclusions to coverage on a title insurance policy. As
may be applicable, the title information shall include in a neatly bound
fashion, and make citation to the recording information of, all referenced
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
liens, encumbrances, easements, or exclusions. The title information shall
have attached thereto a copy of any such instruments.
6. Joinder and consent of mortgagee, if applicable.
7. If any dedications, grants, conveyances, easements, consents (including mortgagee
consents), reservations, covenants, or other like instruments are to be recorded
simultaneously with the final subdivision plat, appropriate fees and original
documentation must be provided to the County Manager or designee for processing
and recording by the Clerk of Courts prior to, or simultaneously with, the recording of
the final subdivision plat.
8. Home Owner Association Documents, if applicable.
9. Affidavit by surveyor.
Supporting "gap" 1. Pursuant to LDC section 10.02.04 F.3, within 60 days of recordation of the final
title information subdivision plat the applicant shall submit to the County Manager or designee final
supporting "gap" title information.
2. The final supporting title information must meet all of the requirements in the above
(Plat Recording —Application Contents).
3. The effective date of the supporting "gap" title information must be through the date
of recordation of the final subdivision plat and must, at a minimum, cover the "gap"
between the time the effective date of the information required above (Plat
Recording — Application Contents) and the date and time of recording of the final
plat.
4. The title information must identify and provide copies of any recorded
documentation of the holders of any estates, liens, encumbrances, or easements not
properly included or joined in the dedication or consents on the final subdivision plat.
The supporting "gap" title information must have attached a copy of any required
instruments not previously provided in connection with submittals for the final plat's
recording.
Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application.
Processing of
Application
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or Designee.
Review Process The Development Review Division will review the application and identify whether
additional materials are needed pursuant to LDC section 10.02.04 F.
The Development Review Division will submit the final subdivision plat materials to the
Collier County Clerk of Courts for recording.
Digital Submittal After the final subdivision plat has been approved by the County Manager or designee for
Requirements compliance the applicant shall submit the following:
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
1. The applicant's professional Engineer shall submit a digitally created
construction/site plan documents; and
2. 1 CDROM of the master plan file, including, where applicable, easements,
water/wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units;
as established by a Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital
Exchange File (DXF) format; information layers shall have common naming conventions
(i.e. right -of -way —ROW, centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to
be deemed complete, the layering scheme must be readily understood by county staff.
All property information (parcels, lots, and requisite annotation) shall be drawn on a
unique information layer, with all linework pertaining to the property feature located
on that layer. Example: parcels —All lines that form the parcel boundary will be located
on 1 parcel layer. Annotations pertaining to property information shall be on a unique
layer. Example: lot dimensions— Lottxt layer. All construction permits required from
local, state and federal agencies must be submitted to the County Manager or designee
prior to commencing development within any phase of a project requiring such
permits.
Updated Resolution 2024-XX
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
1 C. Preliminary Sub iyisi^n Conceptual Plat with Deviations rv� CPD
2 C.1. PFeliminaff SUb iViSi Conceptual Plat with Deviations - Standard
3
Reference LDC section 10.02.04 A, F.S. 177.073, and other provisions of the LDC.
Applicability The Ip eliminaFy subdiv plat ( PFelir.. roar. Suladivisien conceptual plat with
deviations process is required for integrated phased developments but is otherwise an
optional procedure for subdivision development. If an applicant chooses to submit a P-S-R
CPD, the applicant shall provide all of the submittal requirements.
The P-SR CPD application shall be submitted for the entire property to be subdivided.
Pre -application A pre -application meeting is required.
Initiation The applicant files a "Preliminary Subdivision Conceptual Plat with Deviations Petition"
with the Development Review Division.
G*See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Addressing checklist.
3. Property information, including_
a. Legal description;
b. Address of subject site and general location;
c. Metes and bounds description;
d. Section, township and range;
e. Size of plat in acres;
f. Number of lots and minimum lot size;
g. Name of development..-;
h. Zoning petition number (Rezone, Conditional Use, and Site Development
Plan), if applicable; a4�,d
i. Source of utilities... and
L Number of building permits, if applicable.
4. Cover letter explaining the project or proposed changes.
5. PUD Monitoring Schedule, if applicable.
6. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1
in. = 200 ft., illustrating existing conditions and any site improvements.
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
7. Environmental Data Requirements. q See LDCsection 3.08.00A.
8. Traffic Impact Study, if applicable. C:> See Chapter 7 B. of the Administrative Code.
9. Original petition number (PUD name and ordinance, rezone, conditional use, site
development plan, etc.), if applicable.
10. Owner/agent affidavit as to the correctness of the application.
11. Historical/Archeological Survey or waiver, if applicable.
12. Conditional Use application, if applicable.
13. If substitutions are requested, pursuant to LDC section 10.02.04 A.S, justification
based on sound engineering principles and practices shall be provided for each
substitution.
14. Generalized statement of subsurface conditions on the property, location, and results
of tests made to ascertain subsurface soil conditions and groundwater depth.
15. The zoning classification of the tract and all contiguous properties.
16. For residential projects subject to the provisions of LDC section 10.04.09, a completed
School Impact Analysis (SIA) application, location map and review fee.
17. Electronic copies of all documents.
18. Affidavit of Authorization.
Requirements for Submittal Credentials: The pFeli roar. subdivisi n conceptual plat with deviations shall be
o^ eli iRa^T prepared by the applicant's engineer and professional surveyor and mapper. The
�--hd m40'Q'QR boundary survey shall be signed and sealed by a professional surveyor and mapper
Conceptual Plat registered in the State of Florida.
with Deviations
Sheet size: The preliminary subdivision conceptual plat with deviations shall be submitted
on standard size 24-inch by 36-inch sheets, drawn to scale.
1. A cover sheet, including a location map, showing the location of the tract in
reference to other areas of the county with a north arrow, graphic scale, and date.
2. The name of subdivision or identifying title which shall not duplicate or closely
approximate the name of any other subdivision in the incorporated or
unincorporated area of Collier County.
3. Boundary survey, with bearings and distances as a written description with a
reference to section corners.
4. The location and names of adjacent subdivisions and plat book and page reference,
if any.
5. A land plan with the following information identified:
a. Location, dimensions, and purpose of all existing and proposed streets,
alleys, property lines, easements, and rights -of -way of record;
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
b. Existing streets and alleys of record adjacent to the tract including name,
right-of-way width, street or pavement width and established centerline
elevation. Existing streets shall be dimensioned to the tract boundary;
c. Location of existing and proposed sidewalks and bike paths;
d. Location of all existing and proposed utilities and related easements;
e. Location and purpose of existing drainage district facilities and their right-of-
way requirements;
f. Location of existing and proposed watercourses, drainage ditches, bodies of
water, marshes and wetlands;
g. Location of existing possible archaeological sites and other significant
features;
h. The proposed layout of the lots and blocks;
i. The plan shall indicate whether the streets are to be public or private.
Proposed street names shall be identified on all public and private
thoroughfares;
j. Location of proposed sites for parks, recreational areas, and school sites or
the like, in accordance with any existing ordinances requiring such a
dedication;
k. Location of buffer areas required by LDC section 4.06.01 shall be illustrated
and the dimensions provided, if appropriate at this time; and
I. Typical right-of-way and pavement cross sections shall be graphically
illustrated on the plans and shall include but not be limited to the location of
sidewalks, bike paths, and utilities.
6. Interconnectivity of local streets between developments shall be consistent with LDC
section 6.06.01 B and GMP Objective 9.
7. Access Management Plan. All access provisions to the nearest public street(s) shall
be identified, including all existing and proposed driveways.
8. Water Management Plan. The master water management plan shall outline the
existing and proposed surface watercourses and their principal tributary drainage
facilities needed for proper drainage, water management, and development of the
subdivision. All existing drainage district facilities and their ultimate right-of-way
requirements as they affect the property to be subdivided shall be identified on the
plan. The Engineer's Report with Assumptions and Explanations signed and sealed
by a Florida registered professional engineer shall include drainage data, assumed
criteria, and hydraulic calculations, consistent with the criteria and design method
established by the SFWMD in addition to the following information:
a. For all developments, the following Stormwater related information:
L Completed calculations used to design the facilities, such as: road, water
management systems, and all accessory facilities, public or private;
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
ii. Drainage calculations, including 10-year 1-day; 25-year 3-day; 100-year
3-day storm routings;
iii. Detailed hydraulic grade line pipe design calculations utilized to design
the stormwater management facilities for the subdivision or
development; and
iv. Status of all other required permits including copies of information and
data submitted to the appropriate permitting agencies.
b. If within Collier County Public Utilities Service Area, the Report must also
contain the following:
i. Estimated cost of utilities construction, Water and Sewer calculations;
ii. Sewer Hydraulics;
iii. Lift station hydraulics to first downstream master station;
iv. Lift station buoyancy calculations;
v. Chloramine Dissipation Report; and
vi. Detailed hydraulic design calculations utilized to design water and sewer
facilities regulated by the County.
9. Lot configurations. Typical lot configurations shall be illustrated and the minimum
area of the lots required by the approved zoning classification shall be referenced by
note.
a. For fee -simple residential lots, the illustration shall portray the type of unit
identified by LDC definition and developer's description to be placed on each
lot (i.e., Lots 1-20, single-family attached (patio home), and show a typical
unit on typical interior and corner lots, depicting setbacks (including
preserve setbacks, if applicable) and/or separation of structures. In addition,
for fee simple residential lots the illustration shall portray the location of
typical units on atypical lots, such as cul-de-sac, hammerhead, and all
irregular lots.
b. For non-residential lots (i.e., multi -family amenity lots or parcels,
commercial/industrial lots), the illustration shall portray setbacks and
building envelope. Setbacks required by the approved zoning classification
shall be provided verbatim on the plan in matrix form.
c. A table shall be provided showing lot area and lot width for each irregular
lot. Regular corner and interior lots may show only typical width and area.
d. Where there is more than one type of dwelling unit proposed (i.e., single-
family detached, single-family attached, zero lot line), lots must be linked to
the type, or types of unit which they are intended to accommodate.
10. Master utilities. Utilities such as telephone, power, water, sewer, gas, and the like,
on or adjacent to the tract including existing or proposed water and sewage
treatment plants.
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
a. The plans shall contain a statement that all utility services shall be available
and have been coordinated with all required utilities.
b. Evidence of such utility availability shall be provided in writing from each
utility proposed to service the subdivision.
Completeness and C*See Chapter 1 D.5 for the acceptance and processing of an application.
Processing of
Application
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application based on the criteria in LDC section
10.02.04 A and other provisions of the LDC and shall approve, approve with conditions, or
deny the ffeliminwy subdivision conceptual plat with deviations.
Updated
1
2 C2. Drolimir aFy SubdiyisiConceptual Plat with Deviations Amendment DQD Al
3 CPDA
4
Reference
LDC section 10.02.04 A.4 and other provisions of the LDC.
Applicability
This process applies to an amendment to an approved preli.ti.ir aFy SWhdi..i..i^r. conceptual
plat with deviations.
Initiation
The applicant files an "Amendment to PrelinginGr- S..hdA44en Conceptual Plat with
Deviations LSP ) (CPDA)" application with the Development Review Division.
C:>See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Pre -Application
A pre -application meeting is not required.
Application
A preliminary subdivision conceptual plat with deviations amendment application must
Contents and
include the following, in addition to the Application Contents and Requirements for
Requirements for
D.eIiR; iRaFY
Preliminary Subdivision Plan, as applicable.
men►
C >See Chapter 5 C.1 of the Administrative Code.
Conceptual Plat
with Deviations
Submittal Credentials: The prelimir aFy subdivisien conceptual plat with deviations
Amendments
amendment shall be prepared by the applicant's engineer and professional surveyor and
mapper. The boundary survey shall be signed and sealed by a professional surveyor and
mapper registered in the State of Florida.
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1
Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
Sheet size: The r.rel*Fnwn@Fy suladivisi n conceptual plat with deviations amendment shall
be submitted on standard size 24-inch by 36-inch sheets, drawn to scale.
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Name of development.
4. Amendment to P-S-P CPD Number (original P-S-P CPD number).
S. Cover letter describing the proposed changes.
Completeness and C*See Chapter 1 D.5 for the acceptance and processing of an application.
Processing of
Application
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC section
10.02.04 A.4 and shall approve, approve with conditions, or deny the amendment to the
preliminary subdivision conceptual plat with deviations.
Updated
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Exhibit 6 — Statutory References
CHAPTER 2024-210
Committee Substitute for Committee Substitute for
Committee Substitute for Senate Bill No. 812
An act relating to expedited approval of residential building permits;
creating s. 177.073, F.S.; providing definitions; requiring certain govern-
ing bodies, by a date certain, to each create a program to expedite the
process for issuing residential building permits before a final plat is
recorded; requiring the expedited process to include a certain application;
prohibiting the application or local government final approval from
altering or restricting the number of building permits requested under
certain circumstances; requiring certain governing bodies to update their
program in a specified manner; providing applicability; requiring a
governing body to create certain processes for purposes of the program;
authorizing applicants to use a private provider to expedite the process for
certain building permits; requiring a governing body to establish a
registry of qualified contractors for a specified purpose; prohibiting such
qualified contractors hired to review an application from having a conflict
of interest with the applicant; defining the term "conflict of interest";
authorizing a governing body to issue addresses and temporary parcel
identification numbers for specified purposes; requiring a governing body
to issue a specified number or percentage of building permits requested in
an application when certain conditions are met; setting forth certain
conditions for applicants who apply to the program; providing that an
applicant has a vested right in an approved preliminary plat when certain
conditions are met; prohibiting a governing body from making substantive
changes to a preliminary plat without written consent; requiring an
applicant to indemnify and hold harmless certain entities and persons;
providing an exception; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 177.073, Florida Statutes, is created to read:
177.073 Expedited approval of residential building permits before a final
plat is recorded.—
(1) As used in this section, the term:
(a) "Applicant" means a homebuilder or developer who files an applica-
tion with the local governing body to identify the percentage of planned
homes or the number of building permits, that the local ggverning body
must issue for a residential subdivision or planned community.
(b) "Final plat" means the final tracing, map, or site plan presented by
the subdivider to a governing body for final approval, and, upon approval by
the appropriate governing body, is submitted to the clerk of the circuit court
for recording.
1
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Exhibit 6 — Statutory References
Ch. 2024-210 LAWS OF FLORIDA Ch. 2024-210
3 (c) "Local building official" has the same meaning as in s. 553.791(1).
(d) "Plans" means any building plans, construction plans, engineering
4 plans, or site plans, or their functional equivalent, submitted by an applicant
for a building_ permit.
5 (e) "Preliminaryplat" means a map or delineated representation of the
subdivision of lands that is a complete and exact representation of the
6 residential subdivision or planned community and contains any additional
information needed to be in compliance with the requirements of this
7 chapter.
(f) "Qualified contractor" includes, but is not limited to, an engineer or
8 engineering firm licensed under chapter 471; a surveyor or mapper or a
surveyor's or mappers firm licensed under chapter 472; an architect or
9 architecture firm licensed under part I of chanter 481; a landscape architect
or landscape architecture firm registered under part; II of chapter 481: or anX
10 other qualified professional who is certified in urban planning or environ-
mental management,
11
(2)(a) By October 1, 2024, the governing body of a county that has 75,000
residents or more and any g verning body of a municipality that has 10,000
residents or more and 25 acres or more of contiguous land that the local
12
government has designated in the local government's comprehensive plan
and future land use map as land that is agricultural or to be developed for
13
residential purposes shall create a program to expedite the process for
issuing building permits for residential subdivisions or planned commu-
14
nities in accordance with the Florida Building Code and this section before a
final plat is recorded with the clerk of the circuit court. The expedited
process must include an application for an applicant to identify the
15
percentage of planned homes, not to exceed 50 percent of the residential
subdivision or planned community, or the number of building permits that
16
the gQygrning body must issue for the residential subdivision or planned
community. The application or the local government's final approval maX
not alter or restrict the applicant from receiving the number of building
17
permits requested, so long as the request does not exceed 50 percent of the
planned homes of the residential subdivision or planned community or the
18
19
number of building permits. This paragraph does not:
L Restrict the governing body from issuing more than 50 percent of the
building permits for the residential subdivision or planned comrnunit .
20
21
2. Apply to a county subject to s. 380.0552.
(b) A governing body that had a program in place before July 1, 2023, to
expedite the building permit process, need only update their program to
approve an applicant's written application to issue up to 50 percent of the
22
building permits for the residential subdivision or planned community in
order to comps with this section. This paragraph does not restrict a
23
24
2
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Exhibit 6 — Statutory References
Ch. 2024-210 LAWS OF FLORMA Ch. 2024-210
governing body from issuing more than 50 percent of the building permits for
the residential subdivision or planned communitv.
(c) By December 31, 2027, the governing body of a county that has 75.000
residents or more and any governing body of a municipality that has 10,000
residents or more and 25 acres or more of contiguous land that the local
government has designated in the local government's comprehensive plan
final plat is recorded with the clerk of the circuit court. The expedited
process must include an application for an applicant to identify the
percentage of planned homes, not to exceed 75 percent of the residential
subdivision or planned community, or the number of building permits that
the governing body must issue for the residential subdivision or planned
community. This paragraph does not:
1. Restrict the governing body from issuing more than 75 percent of the
building permits for the residential subdivision or planned community.
2. Apply to a county subject to s. 380-0552.
(3) A governing body shall create:
(a) A two-step application process for the adoption of a preliminary plat,
inclusive of any plans, in order to expedite the issuance of building permits
under this section. The application must allow an applicant to identify the
percentage of planned homes or the number of building permits that the
governing body must issue for the residential subdivision or planned
community.
(b) A master building permit process consistent with s. 553.794 for
applicants seeking multiple building_ permits for residential subdivisions or
planned communities. For purposes of this paragraph; a master building
permit is valid for 3 consecutive years after its issuance or until the adoption
of a new Florida Building Code, whichever is earlier. After a new Florida
Building Code is adopted, the applicant may apply for a new master building
permit, which, upon approval, is valid for 3 consecutive years.
(4)(a) An applicant may use a private provider pursuant to s. 553.791 to
expedite the application process for building permits after a preliminary_ plat
is approved under this section.
(b) A governing body shall establish a registry of at least three qualified
contractors whom the governing body may use to supplement staff resources
in wg3m determined by the ggverning body for processing and expediting the
review of an application for a preliminary plat or any plans related to such
application. A qualified contractor on the registry who is hired pursuant to
this section to review an application, or any part thereof, for a preliminary
3
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Exhibit 6 — Statutory References
Ch. 2024-210 LAWS OF FLORiDA Ch. 2024-210
in
(5) A governing body may work with appropriate local government
agencies to issue an address and a temporary parcel identification number
for lot lines and lot sizes based on the metes and bounds of the plat contained
in the application.
(6) The governing body must issue the number or percentage of building
permits requested by an applicant in accordance with the Florida Building
Code and this section, provided the residential buildings or structures are
unoccupied and all of the following conditions are met:
(a) The governing body has approved a preliminary plat for each
residential subdivision or planned community,
(b) The applicant provides proof to the governing body that the applicant
has provided a copy of the approved p eliminary plat, along with the
approved plans, to the relevant electric, gas, water, and wastewater utilities.
(c) The applicant holds a valid performance bond for up to 130 percent of
the necessary improvements, as defined in s. 177.031(9), that have not been
completed upon submission of the application under this section. For
purposes of a master planned community as defined in s. 163.3202(5)(b),
a valid performance bond is required on a phase-byphase basis.
(7)(a) An applicant may contract to sell, but may not transfer ownership
of, a residential structure or building located in the residential subdivision
or planned community until the final plat is approved by the governing body
and recorded in the public records by the clerk of the circuit court.
(b) An applicant may not obtain a temporary or final certificate of
occupancy for each residential structure or building for which a building
permit is issued until the final plat is approved by the governing body and
recorded in the public records by the clerk of the circuit court.
(8) For purposes of this section, an applicant has a vested right in a
preliminary plat that has been approved by a governing body if all of the
following conditions are met:
(a) The applicant relies in good faith on the approved preliminary121at or
any amendments thereto.
(b) The applicant incurs obligations and expenses; commences construc-
tion of the residential subdivision or planned community, and is continuing
in good faith with the development of the property.
(9) Upon the establishment of an applicant's vested rights in accordance
with subsection (8), a governing body may not make substantive changes to
the preliminary plat without the applicant's written consent.
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Exhibit 6 — Statutory References
Ch. 2024-210 LAWS OF FLORMA Ch. 2024-210
(10) An applicant must indemnify and hold harmless the local govern-
ment, its governing body, its employees, and its agents from liability or
damages resulting from the issuance of a building permit or the construc-
tion, reconstruction, or improvement or repair of a residential building or
structure, including any associated utilities, located in the residential
subdivision or planned community. Additionally, an applicant must in-
demni and hold harmless the local government, its governing body,its
employees, and its agents from liability or disputes resulting from the
issuance of a certificate of occupancy for a residential building or structure
that is constructed, reconstructed, improved, or repaired before the approval
and recordation of the final plat of the qualified project. This indemnification
includes, but is not limited to, any liability and damage resulting from wind,
However, this indemnification does not extend to governmental actions that
infringe on the applicant's vested rights.
Section 2. This act shall take effect upon becoming a law.
Approved by the Governor May 29, 2024.
Filed in Office Secretary of State May 29, 2024.
5
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THIS PAGE INTENTIONALLY LEFT BLANK
DSAC — Land Development Review Subcommittee
Attendance Roster — Date: July 29, 2024
DSAC Members
**Must have (3) members for a quorum**
Committee Members
Name
Signature
Clay Brooker:
Blair Foley:
Robert Mulhere:
Mark McLean:
Jeffrey Curl:
Staff Members
Mike Bosi, Planning and Zoning Division Director
Eric Johnson, LDC Planning Manager
Richard Henderlong, Planner III
Angela Galiano, Planner II
Jaime Cook,
Development Review Division Director
Lisa Blacklidge, Planning Manager
Rachel Hansen, Consultant
The Neighborhood Company
, (�
Rey Torres Fuentes,
Operations Support Specialist I
Alexandra Casanova, Management Analyst I
�'b Old Q L if
Development Services Advisory Committee
Public Sign -in Sheet
June 5, 2024
Please Print
NAME REPRESENTING PHONE NO.
Collier County
Memorandum
To: Development Services Advisory Committee -Land Development Review (DSAC-LDR)
Subcommittee
From: Eric Johnson, LDC Planning Manager
Date: July 26, 2024
Re: PL20240004278 Immokalee Urban Area Overlay District
PL20240008157 Updated Approval of Residential Building Permits
Please consider the attached for the DSAC-LDR Subcommittee meeting on Monday.
PL20240004278 — Immokalee Urban Area Overlay District
• Summary table of proposed edits
• Maps of the Immokalee Urban Area Overlay (overall district boundary and maps of each
subdistrict)
PL20240008157 — Updated Approval of Residential Building Permits
All highlighted changes in LDC and administrative code are intended to supersede the text
that was given to you earlier
Feel free to contact at (239) 252-2931 or Eric.Johnson&colliercountyfl.gov if you have any
questions.
GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\07-29\Materials\DSAC-LDR Memo (07-26-2024).docx
LDC Section Changes from Existing LDC Language Corresponding IAMP
Policy
2.03.07.G Immokalee
Area Urban Overlay
District (IAUOD)
4.02.27 Architectural and
Site Design Standards
for the Immokalee Urban
Area Overlay District
(IUAOD)
Overlay name change (added "Area")
Updated main overlay map
Added applicability
Reordered subdistricts and updated individual
maps
Added Loop Road Overlay Subdistrict (LROS)
Farm Market Overlay Subdistrict combined with Policy 1.2.4:
Agribusiness Overlay Subdistrict and renamed Agribusiness -Related
Agribusiness/Farm Market Overlay Subdistrict Uses
(AFOS)
Added Industrial Mixed Use Commercial Overlay
Subdistrict (IMCOS)
All permitted/conditional/prohibited uses moved
to Table of Uses
Deviations (2.03.27.G.7) moved to 4.02.27.J
Replaces and supersedes 5.05.08
4.02.27.A General Items 1-4 are new
Item 5 (Exceptions) is language from 5.05.08
modified for IUAOD
4.02.27.B.1 Architectural Language from 5.05.08 (modified for IUAOD)
styles and CRA's Central Business District Form Based
Guidelines
4.02.27.113.2 Building
Design Standards
4.02.27.113.3 Design
Standards for Specific
Buildings
4.02.27.113.4 Buffer and
landscaping
requirements
Language from 5.05.08 (modified for IUAOD)
Language from 5.05.08 and 5.05.05 (modified for
IUAOD)
Language from 4.06.00 (modified for IUAOD)
Buffer Types table is new (Types A, B, C, and D
are specific to IUAOD)
4.02.27.B.5 Off-street Standards in addition to 4.05.00
parking
Policy 5.1.2:
Compatibility Between
Land Uses
Policy 6.1.1:
Development of LDC
Standards
Policy 6.1.3: Downtown
Pedestrian Amenities
Policy 6.1.4: Central
Business District
4.02.27.13.6 Fencing and Exceptions to 5.03.02
Walls, Excluding Sound
Walls
4.02.27.13.7 Outdoor Standards in addition to 4.02.08
lighting requirements i
4.02.27.13.8 Signage Standards in addition to 5.06.00
4.02.27.0 Immokalee
Urban Area Mainstreet
Overlay Subdistrict
(MSOS)
4.02.27.1) State Road 29A
Commercial Overlay
Subdistrict (SR 29OS)
4.02.27.E Jefferson
Avenue Commercial
Overlay Subdistrict
(JACOS)
4.02.27.F Loop Road
Overlay Subdistrict
4.02.27.G
Agribusiness/Farm
Market Overlay
Subdistrict (AFOS)
4.02.27.1-1 Industrial
Mixed Use Commercial
Overlay Subdivision
4.02.27.1 Specific Design
Standards for New
Mobile Home Lots in the
Immokalee Urban Area
Overlay District (IUAOD)
4.02.27.J Deviation
Regulations
5.03.02 Fences and
Walls, Excluding Sound
Walls
New (incorporates original 4.02.32)
New (incorporates original 4.02.27)
New (incorporates original 4.02.28)
New
New (combination of original 4.02.29 and
4.02.30)
New
New (incorporates 4.02.33)
Moved from 2.03.07.G.7
Adds text to allow use of chain link fences within Policy 6.1.1:
IUAOD (strikethrough/underline provided in text) Development of LDC
Standards
Immolealee
Regional FANrport
PROMOTERWMER
Legend
Immokalee Area Urban
Overlay District
TBD - Alignment for Loop
Road Overlay Subdistrict
Industrial - Mixed Use
Commercial Overlay
Subdistrict
Main Street Overlay
Subdistrict
Jefferson Avenue
Commercial Overlay
Subdistrict
0 Agribusiness/Farm Market
Overlay Subdistrict
0 S.R. 29A Commercial
Overlay Subdistrict
INotes
1 - This map is for reference only. Data provided are derived from multiple sources
with varying levels of accuracy.
''' FILE NO: 220030.01.01
Immokalee Area Urban Overlay District DRAWN BY: F.L.
DESIGN BY: L.T.
THENEIGHBORHOOD IMMOKALEE AREA OVERLAY
COMPANY DATE: December, 2023
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Collier County
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and other provisions of the LDC. The Board shall approve, approve
with conditions, or deny the final subdivision plat. If the Board of
denies or places conditions on the final subdivision plat, it shall state
reasons for such denial or conditions.
C. Approval of the final subdivision plat shall not constitute acceptance
of public dedicated facilities. Acceptance of any such dedicated
public facilities and responsibility for their maintenance shall be by
separate resolution of the Board of County Commissioners. See
LDC section 10.02.05 C.3.
d. After Board approval of the preliminary and final subdivision plat,
building permits may be issued for a percentage of planned homes
in accordance with the Florida Building Code and pursuant to F.S.
177.073. Subdivision performance security shall be in accordance
with LDC section 10.02.04 F.2.b.i., LDC section 10.02.04 F.3.e., or
when utilizina F.S. 177.073.
5. Insubstantial changes and amendments to construction plans and final
subdivision plats.
a. Insubstantial Changes to Construction Plans (ICP). Following
approval by the County Manager or designee of the construction
plans, the applicant may request insubstantial changes to the
construction plans.
Application. The Administrative Code shall establish the
process and the submittal requirements for an insubstantial
change to the construction plans. Construction plans shall
be prepared pursuant to LDC section 10.02.04 B.
b. Following approval by the Board of the final subdivision plat, but
prior to recordation, the County Manager or designee may approve
minor insubstantial changes to the final subdivision plat.
Insubstantial changes are insignificant to the project, such as a
correction or change on the cover sheet.
C. Following approval by the Board of the final subdivision plat, but
prior to recordation, the Board may approve amendments to the
final subdivision plat. This is commonly referred to as a "PPLA".
.Application. The Administrative Code shall establish the
process and the submittal requirements for the final
subdivision plat amendment. The final subdivision plat shall
be prepared pursuant to LDC section 10.02.04 B.
6. Relationship of Final Subdivision Plats to Site Development Plans. No site
development plan may be accepted for concurrent review with a
preliminary subdivision conceptual plat with deviations. Once the
preliminary subdivision conceptual plat with deviations has been approved,
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d. Payment of recording and copy fees. Upon compliance with this section
and payment of fees by the applicant, the County Manager or designee
shall record the final subdivision plat with the clerk of the circuit court in the
official records of Collier County, Florida.
e. Construction and Maintenance Agreement. The applicant shall enter into a
construction and maintenance agreement with the County, in a form
acceptable to the County Attorney, which establishes the terms and
conditions for the construction and maintenance of the improvements
required during the 18-month construction period or a time frame
established in an approved extension request by the County Manager or
designee. This agreement shall be submitted with the final subdivision plat
for review and approval and shall be executed by all parties at the time of
Ponnrding of the final subdivision plat Board approval, if building permits are
issued when utilizing F.S. 177.073 or at the time of recording the final plat.
Recording of other documents. If any dedications, grants, conveyances,
easements, consents (including mortgagee consents), reservations,
covenants, or other like instruments are to be recorded by separate
instrument simultaneously with the final subdivision plat, appropriate fees
and original documentation must be provided by the applicant to the County
Manager or designee for processing and recording by the clerk of court. All
documents shall be submitted prior to or at the time of recording of the final
subdivision plat.
g. Supporting "gap" title information. Within 60 days of recordation of the final
subdivision plat in the official records of Collier County, Florida, the
applicant, at no expense to the County, shall submit to the County Manager
or designee final supporting "gap" title information. The final supporting title
information must meet all of the requirements of 10.02.04 F.3.c, except as
to the effective date. Receipt and approval of the "gap" title information is
a condition precedent to preliminary acceptance of subdivision
improvements by the Board.
The effective date of the supporting "gap" title information must be through
the date of recordation of the final subdivision plat and must, at a minimum,
cover the "gap" between the time the effective date of the information
required by 10.02.04 F.3.c above, when submitted and the date of
recording of the final subdivision plat. The final supporting "gap" title
information must include a copy of any required instruments not previously
provided in connection with submittals for the recording of the final
subdivision plat.
# # # # # # # # # # # # #
10.02.14 - Landscape Plans
A. Landscape plan required. Prior to the issuance of any preliminar subdivision plat, final
site development plan, or building permit, an applicant whose development is covered by
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
1 C. PFe minaFy Sub iyisi^„ Conceptual Plat with Deviations rn� CPD
2 C.1. Preliminary Sub ivisi^r. Conceptual Plat with Deviations - Standard
3
Reference LDC section 10.02.04 A, F.S. 177.073, and other provisions of the LDC.
Applicability The Ia eliminaFy „bdiV' plat /DCD1 Drelir.nir,aFy c61314VOS0 r, conceptual plat with
deviations process is required for integrated phased developments but is otherwise an
optional procedure for subdivision development. If an applicant chooses to submit a RSP
CPD, the applicant shall provide all of the submittal requirements.
The PSP CPD application shall be submitted for the entire property to be subdivided.
Pre -application A pre -application meeting is required.
Initiation The applicant files a "Prelimin^. Subdii,kine Conceptual Plat with Deviations Petition"
with the Development Review Division.
<*See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Addressing checklist.
3. Property information, including_
a. Legal description;
b. Address of subject site and general location;
c. Metes and bounds description;
d. Section, township and range;
e. Size of plat in acres;
f. Number of lots and minimum lot size;
g. Name of development...;
h. Zoning petition number (Rezone, Conditional Use, and Site Development
Plan), if applicable;
i. Source of utilities.
Number of building p ....ate of apiglaeabl..
4. Cover letter explaining the project or proposed changes.
5. PUD Monitoring Schedule, if applicable.
6. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1
in. = 200 ft., illustrating existing conditions and any site improvements.
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
7. Environmental Data Requirements. Ga See LDCsection 3.08.00A.
8. Traffic Impact Study, if applicable. G* See Chapter 7 8. of the Administrative Code.
9. Original petition number (PUD name and ordinance, rezone, conditional use, site
development plan, etc.), if applicable.
10. Owner/agent affidavit as to the correctness of the application.
11. Historical/Archeological Survey or waiver, if applicable.
12. Conditional Use application, if applicable.
13. If substitutions are requested, pursuant to LDC section 10.02.04 A.S, justification
based on sound engineering principles and practices shall be provided for each
substitution.
14. Generalized statement of subsurface conditions on the property, location, and results
of tests made to ascertain subsurface soil conditions and groundwater depth.
15. The zoning classification of the tract and all contiguous properties.
16. For residential projects subject to the provisions of LDC section 10.04.09, a completed
School Impact Analysis (SIA) application, location map and review fee.
17. Electronic copies of all documents.
18. Affidavit of Authorization.
Requirements for Submittal Credentials: The pFeliminaFy subdivision conceptual plat with deviations shall be
P'T prepared by the applicant's engineer and professional surveyor and mapper. The
boundary survey shall be signed and sealed by a professional surveyor and mapper
Conceptual Plat registered in the State of Florida.
with Deviations
Sheet size: The pYeliminary subdivision conceptual plat with deviations shall be submitted
on standard size 24-inch by 36-inch sheets, drawn to scale.
1. A cover sheet, including a location map, showing the location of the tract in
reference to other areas of the county with a north arrow, graphic scale, and date.
2. The name of subdivision or identifying title which shall not duplicate or closely
approximate the name of any other subdivision in the incorporated or
unincorporated area of Collier County.
3. Boundary survey, with bearings and distances as a written description with a
reference to section corners.
4. The location and names of adjacent subdivisions and plat book and page reference,
if any.
S. A land plan with the following information identified:
a. Location, dimensions, and purpose of all existing and proposed streets,
alleys, property lines, easements, and rights -of -way of record;
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
b. Existing streets and alleys of record adjacent to the tract including name,
right-of-way width, street or pavement width and established centerline
elevation. Existing streets shall be dimensioned to the tract boundary;
c. Location of existing and proposed sidewalks and bike paths;
d. Location of all existing and proposed utilities and related easements;
e. Location and purpose of existing drainage district facilities and their right-of-
way requirements;
f. Location of existing and proposed watercourses, drainage ditches, bodies of
water, marshes and wetlands;
g. Location of existing possible archaeological sites and other significant
features;
h. The proposed layout of the lots and blocks;
i. The plan shall indicate whether the streets are to be public or private.
Proposed street names shall be identified on all public and private
thoroughfares;
j. Location of proposed sites for parks, recreational areas, and school sites or
the like, in accordance with any existing ordinances requiring such a
dedication;
k. Location of buffer areas required by LDC section 4.06.01 shall be illustrated
and the dimensions provided, if appropriate at this time; and
I. Typical right-of-way and pavement cross sections shall be graphically
illustrated on the plans and shall include but not be limited to the location of
sidewalks, bike paths, and utilities.
6. Interconnectivity of local streets between developments shall be consistent with LDC
section 6.06.01 B and GMP Objective 9.
7. Access Management Plan. All access provisions to the nearest public street(s) shall
be identified, including all existing and proposed driveways.
8. Water Management Plan. The master water management plan shall outline the
existing and proposed surface watercourses and their principal tributary drainage
facilities needed for proper drainage, water management, and development of the
subdivision. All existing drainage district facilities and their ultimate right-of-way
requirements as they affect the property to be subdivided shall be identified on the
plan. The Engineer's Report with Assumptions and Explanations signed and sealed
by a Florida registered professional engineer shall include drainage data, assumed
criteria, and hydraulic calculations, consistent with the criteria and design method
established by the SFWMD in addition to the following information:
a. For all developments, the following Stormwater related information:
L Completed calculations used to design the facilities, such as: road, water
management systems, and all accessory facilities, public or private;
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
ii. Drainage calculations, including 10-year 1-day; 25-year 3-day; 100-year
3-day storm routings;
iii. Detailed hydraulic grade line pipe design calculations utilized to design
the stormwater management facilities for the subdivision or
development; and
iv. Status of all other required permits including copies of information and
data submitted to the appropriate permitting agencies.
b. If within Collier County Public Utilities Service Area, the Report must also
contain the following:
L Estimated cost of utilities construction, Water and Sewer calculations;
ii. Sewer Hydraulics;
iii. Lift station hydraulics to first downstream master station;
iv. Lift station buoyancy calculations;
v. Chloramine Dissipation Report; and
vi. Detailed hydraulic design calculations utilized to design water and sewer
facilities regulated by the County.
9. Lot configurations. Typical lot configurations shall be illustrated and the minimum
area of the lots required by the approved zoning classification shall be referenced by
note.
a. For fee -simple residential lots, the illustration shall portray the type of unit
identified by LDC definition and developer's description to be placed on each
lot (i.e., Lots 1-20, single-family attached (patio home), and show a typical
unit on typical interior and corner lots, depicting setbacks (including
preserve setbacks, if applicable) and/or separation of structures. In addition,
for fee simple residential lots the illustration shall portray the location of
typical units on atypical lots, such as cul-de-sac, hammerhead, and all
irregular lots.
b. For non-residential lots (i.e., multi -family amenity lots or parcels,
commercial/industrial lots), the illustration shall portray setbacks and
building envelope. Setbacks required by the approved zoning classification
shall be provided verbatim on the plan in matrix form.
c. A table shall be provided showing lot area and lot width for each irregular
lot. Regular corner and interior lots may show only typical width and area.
d. Where there is more than one type of dwelling unit proposed (i.e., single-
family detached, single-family attached, zero lot line), lots must be linked to
the type, or types of unit which they are intended to accommodate.
10. Master utilities. Utilities such as telephone, power, water, sewer, gas, and the like,
on or adjacent to the tract including existing or proposed water and sewage
treatment plants.
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
a. The plans shall contain a statement that all utility services shall be available
and have been coordinated with all required utilities.
b. Evidence of such utility availability shall be provided in writing from each
utility proposed to service the subdivision.
Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application.
Processing of
Application
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application based on the criteria in LDC section
10.02.04 A and other provisions of the LDC and shall approve, approve with conditions, or
deny the ^ elimiRary suhdawkeen conceptual plat with deviations.
Updated Resolution 2024-XX
1
2 C2 Preliminary Sub iyisi,,., Conceptual Plat with Deviations Amendment 03QU Al
3 CPDA
4
Reference
LDC section 10.02.04 AA and other provisions of the LDC.
Applicability
This process applies to an amendment to an approved preliminary subdivision conceptual
plat with deviations.
Initiation
The applicant files an "Amendment to PFe'im ner- Suhdi111f1en Conceptual Plat with
Deviations fP-SPA) (CPDA)" application with the Development Review Division.
<*See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Pre -Application
A pre -application meeting is not required.
Application
A pYeliminary subdivision conceptual plat with deviations amendment application must
Contents and
include the following, in addition to the Application Contents and Requirements for
Requirements for
o.,.i:m
Preliminary Subdivision Plan, as applicable.
mew
c*See Chapter 5 C.1 of the Administrative Code.
Conceptual Plat
with Deviations
Submittal Credentials: The preliminary subdivision conceptual plat with deviations
Amendments
amendment shall be prepared by the applicant's engineer and professional surveyor and
mapper. The boundary survey shall be signed and sealed by a professional surveyor and
mapper registered in the State of Florida.
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
Sheet size: The preliminary subdivision conceptual plat with deviations amendment shall
be submitted on standard size 24-inch by 36-inch sheets, drawn to scale.
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Name of development.
4. Amendment to P-SP CPD Number (original P-S-R CPD number).
S. Cover letter describing the proposed changes.
Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application.
Processing of
Application
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC section
10.02.04 A.4 and shall approve, approve with conditions, or deny the amendment to the
conceptual plat with deviations.
Updated Resolution 2024-XX
1 D. Construction Plans and Final Subdivision Plat (PPL)
2 D.1. Construction Plans and Final Subdivision Plat - Standard
3
Reference LDC sections 10.02.04 B and 10.02.04 C and other provisions of the LDC.
Applicability The procedure applies to Construction Plans and Final Subdivision Plats (PPL) which is a
required process prior to development and recording of a subdivision where
improvements are required.
q See Chapter 5 F. of the Administrative Code to submit a Minor Final Plat (FP) - when
improvements are not required.
cq See Chapter 5 E. of the Administrative Code to submit Construction Plans (CNSTR) -
when there are only improvements and no platting or recording is required.
Pre -Application A pre -application meeting is required for a Construction Plans and Final Subdivision Plat
Meeting application. The following information is beneficial to bring for discussion at the pre -
application meeting:
Written and mapped information describing:
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Exhibit A — Administrative Code Amendment
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Chapter 5 / Subdivision Procedures
1. A brief description of the land subject to the application and existing conditions.
2. Existing and proposed zoning classifications.
3. The proposed development — include the property subject to the application and any
future phases.
4. Existing covenants or restrictions.
S. Location of utility facilities, public facilities, and anticipated utility sources.
6. Water retention areas.
7. Public areas.
8. General soil characteristics.
9. Proposed number of parcels, lots, or tracts.
10. Typical lot or other parcel configuration.
11. Current aerial photograph with a clear film overlay with the proposed subdivision
configuration superimposed on the aerial photograph. Aerials and overlay
information must be legible at the scale provided.
12. Any other information needed to prepare and review of the application.
13. A map, at a scale of at least 1 in. =200 ft., identifying the following:
a. Location of the subject property and identification of adjacent lands;
b. Approximate acreage;
c. Date of map;
d. North arrow and scale;
e. Natural features such as native habitat identified by vegetative cover and
depicted in aerial imagery; low or swampy areas; water bodies, streams,
lakes, canals or the like;
f. Streets and layout of all adjoining streets;
g. General lot and block layout;
h. Zoning classification of the property subject to the application and adjacent
properties;
L Location of existing improvements; and
j. Any other significant features.
Initiation The applicant files a "Subdivision Construction Plans and Plat Application" with
Development Review Division.
Pursuant to LDC 10.02.04 B.6, site development plans may be submitted for review once
the first review comments of the construction plans and final subdivision plat are posted.
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Exhibit A — Administrative Code Amendment
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Chapter 5 / Subdivision Procedures
No site development plans may be approved until the final subdivision plat is approved by
the County Manager or designee.
<*See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Addressing checklist.
3. Property information, including:
a. Zoning district;
b. Property identification number;
c. Project name;
d. Section, township and range;
e. Subdivision, unit, lot and block; and
f. General location and cross streets.
4. Zoning designation of subject property.
S. PUD Monitoring Schedule and Report, if applicable.
6. Digital file of conditional use or PUD application, if applicable.
7. Cover letter explaining the project.
8. PUD Ordinance and Development Commitment Information, as applicable.
9. Affidavit of Authorization.
10. Opinion of title.
11. Letter of intent as to the timeline for construction and platting.
12. Home Owner Association documents, if applicable.
13. An aerial photograph. All information must be legible at the scale provided.
14. Certificate of Public Facility Adequacy application.
15. Fire Flow test.
16. Zoning Data Sheet, including:
a. Name of Plat (and PUD, if applicable);
b. Development Standards per LDC or PUD;
c. Overall subdivision layout;
d. Table showing lot area and lot width for regular, interior and irregular lots;
e. Density, as allowed by zoning district;
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Exhibit A — Administrative Code Amendment
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Chapter 5 / Subdivision Procedures
f. For Residential lots:
L Type of unit identified by LDC definition and description of what is
permitted on each lot;
ii. Drawing of typical unit or typical interior and corner lots, showing
setbacks, including preserve setbacks) and separation from
structures; and
iii. Lot layout and setbacks, particularly for the unique lots.
iv. For protects with a preliminary plat per F.S. 177.073, include the
number and percentages of proposed homes to be permitted prior
to plat recording.
g. For Non -Residential lots:
i. Identification of setbacks and building envelopes.
17. Historical/Archeological Survey or waiver, if applicable.
18. Environmental Data Requirements.<*See LDCsection 3.08.00A.
19. Traffic Impact Study. <*See Chapter 7 B. of the Administrative Code.
20. School Impact Analysis, for residential projects only.
21. Information and data relating to previous zoning actions affecting the project site.
22. Utility letters of availability and plat easement approval letter for utility easements, if
applicable.
23. The Engineer's Report with Assumptions and Explanations signed and sealed by a
Florida registered professional engineer shall include the following:
a. For all developments, the following Stormwater related information:
L Completed calculations used to design the facilities, such as: road, water
management systems, and all accessory facilities, public or private;
ii. Drainage calculations, including 10-year 1-day; 25-year 3-day; 100-year
3-day storm routings;
iii. Detailed hydraulic grade line pipe design calculations utilized to design
the stormwater management facilities for the subdivision or
development; and
iv. Status of all other required permits including copies of information and
data submitted to the appropriate permitting agencies.
b. If within Collier County Public Utilities Service Area, the Report must also
contain the following:
i. Estimated cost of utilities construction, Water and Sewer calculations;
ii. Sewer Hydraulics;
iii. Lift station hydraulics to first downstream master station;
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Chapter 5 / Subdivision Procedures
iv. Lift station buoyancy calculations;
v. Chloramine Dissipation Report; and
vi. Detailed hydraulic design calculations utilized to design water and sewer
facilities regulated by the County.
24. Vegetation Removal and Site Filling permit (VRSFP), if requested.
a. Provide separate acreage calculations for each phase of clearing requested;
b. If clearing or filling lots and building sites, with or without stockpiling, a
separate VRSFP application shall be submitted, pursuant to LDC section
4.06.04.A.2; and
c. A site clearing plan. G*See Requirements for Construction Plans for more
information.
25. Property Ownership Disclosure Form.
26. Permits: All Federal, State and local permits, including but not limited to the
following, shall be submitted prior to construction and before the pre -construction
meeting. If approved by the County Manager or designee, an applicant may submit
Federal, State and local agency permits at the pre -construction meeting.
a. SFWMD Permit, Permit Modification, or waiver, including staff report
exhibits;
b. DEP utility installation permits, water/sewer; and
c. US Army Corps of Engineers permit and exhibit, if applicable.
27. Electronic copies of all documents.
28. For oroiects with a oreliminary plat oer F.S. 177.073:
a. Provide the number or percentage of proposed homes to be permitted prior
to plat recording;
b. Construction and Maintenance Agreement; and
c. Performance bond in accordance with LDC section 10.02.04 F.3.e.
Requirements for Submittal Credentials: The construction plans shall be signed and sealed by the
Construction Plans applicant's professional engineer licensed to practice in the State of Florida.
Sheet size: The construction plans shall be submitted on standard size 24-inch by 36-inch
sheets, drawn to scale.
The following are required to identify and provide on the construction plans:
1. A cover sheet, including a location map, showing the location of the tract in reference
to other areas of the county. The map shall include a north arrow, graphic scale, and
date.
2. Construction plans with specifications detailing/showing:
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Chapter 5 / Subdivision Procedures
a. Complete configurations of all required improvements including, but not
limited to, all water, sewer, roads, water management systems, and all
appurtenant facilities, public or private;
b. Complete calculations used to design these facilities shall be included with
the plans; and
c. If the development is phased, each phase boundary shall be clearly
delineated.
3. Soil Erosion and Sediment Control Plan. G* See Chapter 7 D. of the Administrative
Code.
4. Additional plans included in the construction plans packet:
a. Streetlight plans signed and sealed by a professional engineer licensed to
practice in the State of Florida or the utility provider; and
b. Landscape plans.
C�See Chapter 4.P of the Administrative Code for Landscape Plan submittals.
S. Preserve Management Plan, including a Native Vegetation Retention/Mitigation Plan,
if requested by applicant.
6. Boundary and topographic survey, less than six months old.
7. Site Clearing Plan, including a vegetation inventory.
Areas where improvements are to be constructed with a maximum limit of 10
feet beyond any approved rights -of -way line or 5 feet beyond any easement line.
8. Design sections, i.e., cross sections of roads, lakes, berms, and lots.
9. Construction details showing compliance with applicable federal, state, and local
standards.
10. For required improvements which will be constructed within an existing easement,
the existing easement and facilities and the proposed easement and facilities shall be
illustrated.
The applicant shall provide copies of the plans to the holder of the easement(s)
simultaneously with its submission of the application to the county.
11. Plan and profile sheets, showing roads, water, sewer, conflict crossings, drainage,
utilities, sidewalks, bike paths, and any unique situations.
12. Benchmark, based on NOAA datum NAVD.
13. Locations of test borings of the subsurface condition of the tract to be developed.
14. The construction plans and attachments shall address special conditions pertaining to
the subdivision in note form on the construction plans, including statements
indicating:
a. Compliance with federal, state, and local standards as currently adopted;
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Exhibit A — Administrative Code Amendment
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Chapter 5 / Subdivision Procedures
b. Source of water and sewer service; and
Required installation of subsurface construction such as water lines, sewer
lines, public utilities and storm drainage prior to compaction of subgrade and
roadway construction.
Requirements for Submittal Credentials: The water management plans and specifications in report form
Water shall be signed and sealed by the applicant's professional engineer licensed to practice in
Management for the State of Florida The Water Management plans and specifications shall include, but not
Construction Plans be limited to, the following:
1. A topographic map of the land development related to NAVD with sufficient spot
elevations to accurately delineate the site topography, prepared by a professional
surveyor.
2. A drainage map of the entire basins within which the development or subdivision lies.
This map may be combined with the above topographic data in a manner acceptable
to the County Manager or designee. All ridges lying within the basins and the area of
the basins stated in acres, of all the existing and proposed drainage areas shall be
shown and related to corresponding points of flow concentration.
3. Flow paths shall be indicated throughout including final outfalls from the
development and basins, existing water elevations, all connected and isolated
wetlands, recurring high water elevations, proposed design water elevations, and
other related hydrologic data.
4. Drainage data, assumed criteria and hydraulic calculations, consistent with the
criteria and design method established by the SFWMD. This includes routings for the
10-yr, 25-yr and 100 -yr storm events.
S. Pipe sizing calculations for the site.
6. Plans showing proposed design features and typical sections of canals, swales and all
other open channels, storm sewers, all drainage structures, roads and curbs, and
other proposed development construction.
7. Plans and profiles of all proposed roads. Where proposed roads intersect existing
roads, elevations and other pertinent details shall be shown for existing roads. Where
additional ditches, canals or other watercourses are required to accommodate
contributory surface waters, sufficient right-of-way shall be provided by the
developer or subdivider to accommodate these and future needs.
8. For projects that require a construction permit to be issued by the SFWMD, work
shall not commence until the applicant has provided the County Manager or
designee a copy of the permit.
9. The master drainage plan shall include the drainage plans and details for all lots. The
master drainage plan shall show proposed finished grade elevations at all lot corners
and breaks in grade. The engineer shall state on the water management calculations
the basis for wet season water table selection.
10. Construction plans for all subdivisions shall include a general note stating that all off -
site drainage improvements associated with the current phase of development,
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Chapter 5 / Subdivision Procedures
including perimeter berms, swales, stormwater outfall systems and on -site perimeter
swales shall be completed and operational prior to commencement of construction
of on -site improvement.
a. This requirement shall be established at the mandatory pre -construction
meeting. Failure to comply with completion of the required offsite
improvements will result in a stop work order being issued until such time as
the project is brought into compliance with this requirement; and
b. The Engineer of record prior to final acceptance shall provide
documentation from the stormwater maintenance entity that it has been
provided information on how the stormwater system works and their
responsibility to maintain the system.
Requirements for Submittal Credentials: The final subdivision plat shall be signed and sealed by a
Final Subdivision professional surveyor and mapper registered in the State of Florida.
Plats
Sheet size: The final subdivision plat shall be submitted on standard size 24-inch by 36-
inch sheets of mylar or other approved material in conformance with F.S. Ch. 177, drawn
to scale.
The final subdivision plat shall include at a minimum the following requirements:
1. The final plat shall be prepared in accordance with the provisions of F.S. Chapter 177,
as may be amended.
2. The plat shall be clearly and legibly drawn with black permanent drawing ink or a
photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100
feet.
3. Name of subdivision. The plat shall have a title or name acceptable to the County
Manager or designee. When the plat is a new subdivision, the name of the
subdivision shall not duplicate or be phonetically similar to the name of any existing
subdivision. When the plat is an additional unit or section by the same developer or
successor in title to a recorded subdivision, it shall carry the same name as the
existing subdivision and as necessary a sequential numeric or alphabetic symbol to
denote and identify the new plat from the original plat. A note shall be added to the
plat cover sheet which identifies the zoning action name and ordinance number
which approved such action.
4. Title. The plat shall have a title printed in bold legible letters on each sheet containing
the name of the subdivision. The subtitle shall include the name of the county and
state; the section, township and range as applicable or if in a land grant, so stated;
and if the plat is a replat, amendment or addition to an existing subdivision, it shall
include the words "section," "unit," "replat," "amendment," or the like.
S. Description. There shall be lettered or printed upon the plat a full and detailed
description of the land embraced in the plat. The description shall show the section,
township and range in which the lands are situated or if a land grant, so stated, and
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Exhibit A — Administrative Code Amendment
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shall be so complete that from it without reference to the map the starting point can
be determined and the boundaries identified.
6. Index. The plat shall contain a sheet index on page 1, showing the entire subdivision
on the sheet indexing the area shown on each succeeding sheet and each sheet shall
contain an index delineating that portion of the subdivision shown on that sheet in
relation to the entire subdivision. When more than 1 sheet shall be used to accurately
portray the lands subdivided, each sheet shall show the particular number of that
sheet and the total number of sheets included as well as clearly labeled match lines
to each sheet.
Survey data. The final plat shall comply with F.S. Ch. 177, and shall show the length of
all arcs together with central angles, radii, chord bearing, chord length and points of
curvature. Sufficient survey data shall be shown to positively describe the boundary
of each lot, block, right-of-way, easement, required conservation or preserve area
and all other like or similar areas shown on the plat or within the boundary of the plat
as shown in the description. The survey data contained on the plat shall also include:
a. The cover sheet or first page of the plat shall show a location plan, showing
the subdivision's location in reference to other areas of the county;
b. The scale, both stated and graphically illustrated, on each graphic sheet;
c. A north arrow shall be drawn on each sheet that shows the geometric layout
and the configuration of the property to be platted. The north direction shall
be at the top or left margin of the map where practicable;
d. The minimum size for any letter or numeral shall be 1/10 inch;
e. The points of beginning and the commencement shall be boldly shown for
any metes and bounds description;
f. All intersecting street right-of-way lines shall be joined by a curve with a
minimum radius of 25 feet;
g. All adjoining property shall be identified by a subdivision title, plat book and
page or if unplatted, the land shall be so designated;
h. Permanent reference monuments shall be shown in the manner prescribed
by F.S. Ch. 177, as amended, and shall be installed prior to recording of the
final plat;
L There shall be reserved a space in the upper right-hand corner of each sheet
for the words "Plat Book " and "Page " with the
minimum letter size of % inch. On the line directly below, a space for "Sheet
of
j. The map shall mathematically close and when practical shall be tied to all
section, township and range lines occurring within the subdivision by
distance and bearing where applicable; and
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Exhibit A — Administrative Code Amendment
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k. All line and curve tables are to be shown on the same sheet as the graphic
drawing they relate to. When possible, dimensions shall be shown directly
on the map.
8. Lot and block identification. Each lot, block, or other like or similar parcel, however
described, shall be numbered or lettered. All lots shall be numbered or lettered by
progressive numbers or letters individually throughout the subdivision or
progressively numbered or lettered in each block, not necessarily starting with the
number "1" or letter "A." Parcels and blocks in each incremental plat shall be
numbered or lettered consecutively throughout a subdivision.
9. Protected/Preserve easements. All parcels which constitute a protected/preserve
area shall be labeled as an easement or tract. All protected/preserve area easements
or tracts shall be dedicated on the final subdivision plat to Collier County without the
responsibility for maintenance and to a property owners' association or similar entity
with maintenance responsibilities.
10. Street names. The plat shall contain the name of each street shown on the plat in
conformance with the design requirements of this section.
11. Utilities. The construction plans for required improvements which will be constructed
within an existing easement must illustrate the existing easement and existing
facilities, and the proposed easement and the proposed facilities.
Copies of the construction plans shall be provided by the applicant to the holder
of the easement(s) simultaneously with its submission to the county.
12. Cutparcels. All interior excepted parcels shall be clearly indicated and labeled "Not a
Part of this Plat."
13. Rights -of -way and easements. All right-of-way and easement widths and dimensions
shall be shown on the plat. All lots must have frontage on a public or private right-of-
way in conformance with the LDC. Exceptions to lot frontage requirements are
identified in LDC section 4.03.04.
14. Restrictions, reservations, and restrictive covenants. Restrictions pertaining to the
type and use of water supply, type and use of sanitary facilities; use, responsibility of
maintenance and benefits of water or water management areas, canals, preserve and
conservation areas, and other open spaces; odd -shaped and substandard parcels;
restrictions controlling building lines; establishment and maintenance of buffer strips
and walls; and restrictions of similar nature shall require the establishment of
restrictive covenants and the existence of such covenants shall be noted on the plat
by reference to official record book and page numbers in the public records of Collier
County. Documents pertaining to restrictive covenants shall be submitted with the
final plat.
15. Location. The name of the section, township, range, and if applicable city, town,
village, county and state in which the land being platted is situated shall appear under
the name of the plat on each sheet. If the subdivision platted is a resubdivision of a
part or the whole of a previously recorded subdivision, the fact of its being a
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resubdivision shall be stated as a subtitle following the name of the subdivision
wherever it appears on the plat.
16. Basis of bearings. The basis of bearings must be clearly stated, i.e., whether to "True
North," "Grid North" as established by the National Oceanic Society (NOS), "Assumed
North," etc., and must be based on a well-defined line.
17. Existing or recorded streets. The plat shall show the name, location, and width of all
existing or recorded streets intersecting or contiguous to the boundary of the plat,
accurately tied to the boundary of the plat by bearings and distances.
18. Private streets and related facilities. All streets and their related facilities designed to
serve more than 1 property owner shall be dedicated to the public use; however
private streets shall be permitted within property under single ownership or control
of a property Home Owners' Association a condominium or cooperative association
or other like or similar entity. Where private streets are permitted, ownership and
maintenance association documents shall be submitted with the final plat and the
dedication contained on the plat shall clearly dedicate the roads and maintenance
responsibility to the association without responsibility to the county or any other
public agency. The rights -of -way and related facilities shall be identified as tracts for
roads and other purposes under specific ownership. All private streets shall be
constructed in the same manner as public streets and the submission of construction
plans with required information shall apply equally to private streets.
19. Preserve Setbacks. 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. 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 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. G*See LDCsection 6.01.02 forfurtherinformation.
20. Certification and approvals. The plat shall contain, except as otherwise allowed
below, on the first page (unless otherwise approved by the County Manager or
Designee and office of the county attorney prior to submittal) the following
certifications and approvals, acknowledged if required by law, all being in
substantially the form set forth in Appendix C to the LDC. The geometric layout and
configuration of the property to be platted shall not be shown on the page(s)
containing the certifications, approvals and other textual data associated with the
plat when practical.
a. Dedications. The purpose of all dedicated or reserved areas shown on the
plat shall be defined in the dedication on the plat. All areas dedicated for use
by the residents of the subdivision shall be so designated and all areas
dedicated for public use, such as parks, rights -of -way, easements for
drainage and conservation purposes and any other area, however
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
designated, shall be dedicated by the owner of the land at the time the plat
is recorded. Such dedication and the responsibility for their maintenance
shall require a separate acceptance by resolution of the Board of County
Commissioners. No dedication items shall be included in the general note for
the plat;
b. Mortgagee's consent and approval. Identification of all mortgages and
appropriate recording information together with all mortgagees' consents
and approvals of the dedication shall be required on all plats where
mortgages encumber the land to be platted. The signature(s) of the
mortgagee or mortgagees, as the case may be, must be witnessed and the
execution must be acknowledged in the same manner as deeds are required
to be witnessed and acknowledged. In case the mortgagee is a corporation,
the consent and approval shall be signed on behalf of the corporation by the
president, vice-president or chief executive officer. At the applicant's option,
mortgagee's consents do not have to be included on the plat to be recorded,
so long as they are provided as fully executed and acknowledged separate
instruments along with the plat recording submittal;
c_. Certification of surveyor. The plat shall contain the signature, registration
number and official seal of the land surveyor, certifying that the plat was
prepared under his responsible direction and supervision and that the survey
data compiled and shown on the plat complies with all of the requirements
of F.S. ch. 177, part I, as amended. The certification shall also state that
permanent reference monuments (P.R.M.), have been set in compliance
with F.S. chapter 177, part I, as amended, and this section, and that
permanent control points (P.C.P.$) and lot corners will be set under the
direction and supervision of the surveyor prior to final acceptance of
required improvements. Upon installation of the P.C.P.s, the surveyor must
submit to the County Manager or designee written certification that the
installation work has been properly completed. When required
improvements have been completed prior to the recording of a plat, the
certification shall state the P.C.P.s and lot corners have been set in
compliance with the laws of the State of Florida and ordinances of Collier
County. When plats are recorded and improvements are to be accomplished
under performance security posted as provided for by this section, the
required improvements and performance guarantee shall include P.C.P.s;
d. Surveyor's seal. The surveyor of record shall sign and seal copies of the plat
submitted for approval;
e. Signature block for county attorney. The plat shall contain the approval and
signature block for the county attorney;
f. Signature block for Board of County Commissioners and clerk of circuit court.
The plat shall contain the approval and signature block for the Board of
County Commissioners and the acknowledgement and signature block of the
clerk of circuit court;
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
g. Evidence of title. A title certification or opinion of title complying with
section 177.041, F.S., must be submitted with the plat. The evidence of title
provided must state or describe: (1) that the lands as described and shown
on the plat are in the name, and record title is held by the person, persons or
organization executing the dedication, (2) that all taxes due and payable at
the time of final plat recording have been paid on said lands, (3) all
mortgages on the land and indicate the official record book and page
number of each mortgage. The evidence of title may, at the applicant's
discretion, be included on the first page of the plat, so long as the
information required by section 177.041, F.S., and this paragraph is clearly
stated, an effective date is provided, and the statement is properly signed;
and
h. Instrument prepared by. The name, street and mailing address of the natural
person who prepared the plat shall be shown on each sheet. The name and
address shall be in statement form consisting of the words, "This instrument
was prepared by (name), (address)."
Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application.
Processing of
Application
Notice No notice is required.
Public Hearing The BCC shall hold at least 1 advertised public hearing.
Decision Maker The BCC.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC sections
10.02.04 B and 10.02.04 C and other provisions of the LDC.
Once submitted for review, the construction plans and final subdivision plat application
will remain under review so long as a resubmittal in response to a county reviewer's
comments is received within 270 days of the date on which the comments were sent to
the applicant. If a response is not received within this time, the application will be
considered withdrawn and cancelled. Further review of the project will require a new
application together with appropriate fees.
The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
Pre -Construction A pre -construction meeting shall be scheduled with the Development Review Division
Meeting prior to the commencement of construction.
G* See Chapter 1 D.9 for additional information regarding the pre -construction meeting
requirements.
Re -submittal of
Upon re -submittal of construction plans and final subdivision plat, the engineer shall
Construction Plans
identify all revisions to the construction plans by lettering or numbering; the surveyor
and Final
shall identify all revisions to the plat by highlighting the current revisions. The applicant
Subdivision Plats
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
shall also provide a written response to the county's comments, responding to each
comment individually.
Digital Submittal After the construction plans and final subdivision plat has been approved by the County
Requirements Manager or designee for compliance, the applicant shall submit the following:
1. The applicant's professional engineer shall submit a digitally created
construction/site plan documents; and
2. 1 CDROM of the master plan file, including, where applicable, easements,
water/wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units;
as established by a Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or
Digital Exchange File (DXF) format; information layers shall have common naming
conventions (i.e. right -of -way —ROW, centerlines—CL, edge -of -pavement—EOP, etc.).
For a plan to be deemed complete, the layering scheme must be readily understood
by county staff. All property information (parcels, lots, and requisite annotation) shall
be drawn on a unique information layer, with all linework pertaining to the property
feature located on that layer. Example: parcels —All lines that form the parcel
boundary will be located on 1 parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: lot dimensions— Lottxt layer. All
construction permits required from local, state and federal agencies must be
submitted to the County Manager or designee prior to commencing development
within any phase of a project requiring such permits.
Recording Process The final subdivision plat shall be recorded pursuant to LDC section 10.02.04 F.
Updated
c*See Chapter 5 G. of the Administrative Code_
Resolution 2024-XX
2 G. Plat Recording
Reference LDC section 10.02.04 F.
Applicability This procedure is to ensure proper legal description, identification, documentation, and
recording of real estate boundaries. This procedure occurs after approval of the final
subdivision plat by the BCC.
No building permit for habitable structures shall be issued prior to approval by the BCC
and recordation of the final subdivision plat, except as identified in LDC sections 5.05.04
5.04,04, aPA 10.02.04 13.6 , and 10.02.04 B.4.
Pre -Application A pre -application meeting will have occurred at the time of submittal of the construction
plans and final subdivision plat or minor final subdivision plat.
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
Initiation The applicant files an "Application for Plat Recording (PR)" with the Development Review
Division.
<*See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Original PPL number.
3. Construction and Maintenance Agreement.
4. Original sepia mylar of the final subdivision plat, with surveyor's certification that the
mylar contains no revisions from the most recent submittal of the final subdivision
plat to the Development Review Division.
5. Pursuant to LDC section 10.02.04 F.3, an original title opinion from an attorney
licensed to practice in the State of Florida, which contains the following:
a. A legal description of at least the lands being platted;
b. A statement that the attorney is licensed to practice in the State of Florida
and that the attorney has examined title to the subject real property, if a
title opinion is being provided;
c. Identification of the exact name of any person who is the record owner of
the subject real property and a specific citation to the official records book
and page, where each record legal owner obtained title to the subject real
property. The title information shall have attached thereto a copy of said
instrument(s) of conveyance; and
d. Identification of liens, encumbrances, easements, or matters shown or that
should be shown as exclusions to coverage on a title insurance policy. As
may be applicable, the title information shall include in a neatly bound
fashion, and make citation to the recording information of, all referenced
liens, encumbrances, easements, or exclusions. The title information shall
have attached thereto a copy of any such instruments.
6. Joinder and consent of mortgagee, if applicable.
7. If any dedications, grants, conveyances, easements, consents (including mortgagee
consents), reservations, covenants, or other like instruments are to be recorded
simultaneously with the final subdivision plat, appropriate fees and original
documentation must be provided to the County Manager or designee for processing
and recording by the Clerk of Courts prior to, or simultaneously with, the recording of
the final subdivision plat.
8. Home Owner Association Documents, if applicable.
9. Affidavit by surveyor.
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Exhibit A — Administrative Code Amendment
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
Supporting "gap" 1. Pursuant to LDC section 10.02.04 F.3, within 60 days of recordation of the final
title information subdivision plat the applicant shall submit to the County Manager or designee final
supporting "gap" title information.
2. The final supporting title information must meet all of the requirements in the above
(Plat Recording —Application Contents).
3. The effective date of the supporting "gap" title information must be through the date
of recordation of the final subdivision plat and must, at a minimum, cover the "gap"
between the time the effective date of the information required above (Plat
Recording —Application Contents) and the date and time of recording of the final
plat.
4. The title information must identify and provide copies of any recorded
documentation of the holders of any estates, liens, encumbrances, or easements not
properly included or joined in the dedication or consents on the final subdivision plat.
The supporting "gap" title information must have attached a copy of any required
instruments not previously provided in connection with submittals for the final plat's
recording.
Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application.
Processing of
Application
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or Designee.
Review Process The Development Review Division will review the application and identify whether
additional materials are needed pursuant to LDC section 10.02.04 F.
The Development Review Division will submit the final subdivision plat materials to the
Collier County Clerk of Courts for recording.
Digital Submittal After the final subdivision plat has been approved by the County Manager or designee for
Requirements compliance the applicant shall submit the following:
1. The applicant's professional Engineer shall submit a digitally created
construction/site plan documents; and
2. 1 CDROM of the master plan file, including, where applicable, easements,
water/wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units;
as established by a Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital
Exchange File (DXF) format; information layers shall have common naming conventions
(i.e. right -of -way —ROW, centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to
be deemed complete, the layering scheme must be readily understood by county staff.
All property information (parcels, lots, and requisite annotation) shall be drawn on a
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 5 / Subdivision Procedures
unique information layer, with all linework pertaining to the property feature located
on that layer. Example: parcels —All lines that form the parcel boundary will be located
on 1 parcel layer. Annotations pertaining to property information shall be on a unique
layer. Example: lot dimensions—Lottxt layer. All construction permits required from
local, state and federal agencies must be submitted to the County Manager or designee
prior to commencing development within any phase of a project requiring such
permits.
Updated
Resolution 2024- XX
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,9;�h
F.S. 177.073 Overview
On May 29, 2024, the Governor approved the Florida legislature's newly created
F.S. Section 177.073: "Expedited approval of residential building permits before 0
final plot is recorded' .
By no loterthon October 1, 2024, it requires the County to update the building
permit process so an applicant may request up to 50% (and up to 75%or more by
December 31, 2027) of planned homes or the number of building permits that will
be issued for a residential subdivision or planned community before o final plat is
recorded.
If a governing body has a program in place prior to July 1, 2023, to expedite the
building permit process, it only needs to update the program to approve an
applicant's written application. Priorto July 1, 2023, the County has been
conducting an existing program.
F.S. 177.073
The statue requires "A two-step application process for the adoption of a preliminary
plat, inclusive of any plans, in order to expedite the issuance of building permits..."
pursuant to Section 177.073 (3) (a). It allows an applicant to identify the percentage of
planned homes or number of building permits. By Ordinance 04-08, section 3.2.7, the
Board had adopted an optional preliminary plat process (PSP). Staff researched
optional PSP petitions from 2012 through 2022 and found the optional process has
been utilized only 19 times (on average 2 per year) to request substitutions to design
standards os deviations to required improvements prior to final plat approval and/or
final subdivision plat process (PPL). Most developers use the PPL and not the PSP
process.
The second step requires "A master building permit process consistent with F.S.
553.794 for applicants seeking multiple building permits that is valid for 3 years after
its issuance or until the adoption of a new Florida Building Code, whichever is earlier."
Pursuant to F.S. 553.794, the County already has an existing master building permit
program and process for updating the application of single-family, two-family, and
multi -family master building permits. The current application form will be updated.
F.S. 177.073 Continued
► The applicant is allowed to contract to sell, but not transfer ownership of, a residential structure
or building, located in a preliminary plat before the plat is approved by the Board and recorded
in public records. Section 177.073 (7) (a).
► The County may issue an address and a temporary parcel identification numberfor lot lines and
lot sizes based on the metes and bounds of the plat contained in the. Section 177.073 (5) (a).
► Pursuant to Section 177.073 (6), the County must issue the number or percentage of building
permits requested by an applicant, provided residential buildings orstructures are unoccupied
and the following conditions are met:
❑ County has approved a preliminary plat for each residential subdivision or planned community.
❑ The applicant provides proof that the applicant has provided a copy of the preliminary plat, along
with approved plans, to the relevant electric, gas, water, and wastewater utilities.
Applicant holds a valid performance bond for up to 130 percent of the necessary improvements
that have not been completed. For a master planned community, defined by F.S. 163.3202 (5)
(b), a valid performance bond is required on a phase -by -phase basis.
LDC Changes
Rename the "optional Preliminary Subdivision Plat "(PSP) to "Conceptual Plat
with Deviations"(CPD). This allows for deviations from design standards not
elsewhere allowed.
In LDC section 10.02.04, rename section to collectively be "Requirements for
Subdivision Plats" rather than preliminary and final subdivision plats.
F.S. 177.073 refers to a preliminary plat and final plat. Since the County only has
one submission to the Board for a final plat, it will serve as the "preliminary
plat" under the statue.
❑ Allow for an applicant to identify up to 50% of planned homes or number of
building permits that may be issued before a final plat is recorded.
LDC Textual Change 7-26-24
In LDC section 10.02.04, F.3.e., retain the existing first sentence, without any change and modify
the last sentence to read as follows: "This agreementshall be submitted with the final
subdivision plat for review and approval and shall be executed by all parties of the time of Board
approval, if building permits are issued when utilizing F.S. 177.073 or at the time of recording the
final plat." Page 28 (packet page 122).
❑ Administrative Code Chapter 5 Subdivision Procedures informational changes:
❖ D. 1. Construction Plans and Final Subdivision Plat -Standard. Under Application Contents
subsection add the following:- iteml6.f.iv. "For projects with preliminary plat per F.S.177.073,
include the number and percentages of proposed homes to be permitted prior to plat recording."
Item 28. "For projects with a preliminary plat per F.S. 177.073:
a. Provide the number or percentage of proposed homes to permitted prior to plat recording;
b. Construction and Maintenance Agreement; and
c. Performance bond in accordance with LDC section 10.02.04 F.3.e"
G. Plat Recording. Under Applicability subsection, correct citation to 5.04.04 and add the citation
"and 10.02.04 13.4."
Staff seeks a recommendation of approval to the LDC textual
changes presented or an approval with conditions
for PL20240008157.
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