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Agenda 09/24/2024 Item #17B (Proposed Ordinance - Residential Permits)9/24/2024 Item # 17.B. ID#: 2024-779 Executive Summary Recommendation to adopt an Ordinance amending the Collier County Land Development Code to allow for the issuance of building permits after the Board of County Commissioners approves a Final Subdivision Plat but before its recordation and to rename the optional Preliminary Plats to Conceptual Plat with Deviations. (PL20240008157) (Companion to item 16A1) OBJECTIVE: To have the Board of County Commissioners (Board) adopt an Ordinance amending the Collier County Land Development Code (LDC) to allow for the issuance of building permits after the Board approves the Final Subdivision Plat but before their recordation and to rename the optional Preliminary Plats to Conceptual Plat with Deviations. CONSIDERATIONS: The 2024 Florida legislature adopted Senate Bill 812, creating F.S. 177.073: “Expedited approval of residential building permits before plats,” which became law effective May 29, 2024. The new law requires the County to 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 by no later than October 1, 2024. It allows for an applicant to contract to sell, but not transfer ownership of, a residential structure or building located in a subdivision plat after the plat is approved by a local government, but before it is recorded with the Clerk of Circuit Court. The certificate of occupancy will be issued after the plat is recorded with the Clerk of Court. On August 27, 2024, the Board voted on an agenda item directing staff to advertise and bring back an Ordinance amending the Land Development Code. This LDC amendment is accompanied by a companion resolution amending the Collier County Administrative Code for Land Development (see Item #29683). Upon approval of this resolution, a resolution amending the Growth Management Community Development Department (GMCD) Services Fee Schedule will be brought before the Board at a future meeting. DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: This LDC amendment was reviewed by the DSAC on Wednesday, August 7, 2024, where it was recommended for approval. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This LDC amendment was reviewed by the CCPC on Thursday, August 15, 2024, where it was recommended for approval. FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising an ordinance amending the LDC. The cost associated with advertising the Ordinance is estimated at $1,008.00. Funds are available within the Unincorporated Area General Fund (1011) and Zoning & Land Development Cost Center (138319). GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for Board approval. (HFAC) RECOMMENDATIONS: To adopt the proposed Ordinance and direct staff of any changes. PREPARED BY: Eric L. Johnson, AICP, CFM, LDC Planning Manager, Zoning Division ATTACHMENTS: 1. PL20240008157 Updated Approval Residential Permits - Draft Ordinance (08-07-2024) 2. legal ad - agenda ID 29644 (24-779) -LDCA-PL20240008157 Page 4299 of 4908 DRAFT 8/07/24 Page 1 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. ORDINANCE NO. 2024 – ___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW FOR ISSUANCE OF BUILDING PERMITS AFTER BOARD APPROVAL OF FINAL SUBDIVISION PLATS BUT BEFORE RECORDATION, AND RENAMING OPTIONAL PRELIMINARY SUBDIVISION PLATS TO CONCEPTUAL PLAT WITH DEVIATIONS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS; CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, AND SECTION 2.08.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE – RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.03 SUBDIVISION EXEMPTIONS, AND SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE – SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS; CHAPTER SIX – INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS, SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS; AND CHAPTER TEN – APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.01 PRE-APPLICATION CONFERENCE REQUIRED, SECTION 10.02.04 REQUIREMENTS FOR SUBDIVISION PLATS, SECTION 10.02.14 LANDSCAPE PLANS, AND SECTION 10.08.00 CONDITIONAL USE PROCEDURES, SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20240008157] Page 4300 of 4908 DRAFT 8/07/24 Page 2 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on ________, 2024, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on ________, 2024, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. Page 4301 of 4908 DRAFT 8/07/24 Page 3 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Page 4302 of 4908 DRAFT 8/07/24 Page 4 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * Page 4303 of 4908 DRAFT 8/07/24 Page 5 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 - ABBREVIATIONS Section 1.08.01, Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.01 Abbreviations * * * * * * * * * * * * * CON Conservation Zoning District CPD Conceptual Plat with Deviations CRD Compact Rural Development * * * * * * * * * * * * * PSP Preliminary Subdivision Plat * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.01 – AGRICULTURAL DISTRICTS Section 2.03.01, Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 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. * * * * * * * * * * * * * Page 4304 of 4908 DRAFT 8/07/24 Page 6 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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 preliminary 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. * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.02 – RESIDENTIAL ZONING DISTRICTS Section 2.03.02, Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.02 Residential Zoning Districts A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). * * * * * * * * * * * * * b. Accessory Uuses. * * * * * * * * * * * * * 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 preliminary subdivision plat for that development. Recreational facilities may include, but are not Page 4305 of 4908 DRAFT 8/07/24 Page 7 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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 preliminary 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. * * * * * * * * * * * * * 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. 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 RMF-6 district. * * * * * * * * * * * * * 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 preliminary 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. Page 4306 of 4908 DRAFT 8/07/24 Page 8 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. * * * * * * * * * * * * 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. 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. * * * * * * * * * * * * * 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 preliminary 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. * * * * * * * * * * * * 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 Page 4307 of 4908 DRAFT 8/07/24 Page 9 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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 preliminary 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. * * * * * * * * * * * * * 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 preliminary 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. * * * * * * * * * * * * * 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 Page 4308 of 4908 DRAFT 8/07/24 Page 10 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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 Uuses * * * * * * * * * * * * * 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 preliminary 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 village residential district (VR), 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 preliminary 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. * * * * * * * * * * * * * Page 4309 of 4908 DRAFT 8/07/24 Page 11 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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). * * * * * * * * * * * b. Accessory Uuses. * * * * * * * * * * * * * 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 preliminary 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. * * * * * * * * * * * * * 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 preliminary 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 preliminary subdivision plat, or site development plan. * * * * * * * * * * * * * Page 4310 of 4908 DRAFT 8/07/24 Page 12 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 – OVERLAY ZONING DISTRICTS Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * 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 rights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary 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, Page 4311 of 4908 DRAFT 8/07/24 Page 13 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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 subdivision plat. Submittal for a preliminary subdivision plat within an area of historical/archaeological probability but not subject to subsections b through c 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 and submit their recommendations to the Collier County Board of County Commissioners for consideration for incorporation into the local development order. Reserved. f. 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 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. * * * * * * * * * * * * * b. Accessory uses. * * * * * * * * * * * * * iv. Recreational facilities that serve as an integral part of a residential development and have been designated, Page 4312 of 4908 DRAFT 8/07/24 Page 14 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. reviewed and approved on a site development plan or preliminary 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. * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.08 – RURAL FRINGE ZONING DISTRICTS Section 2.03.08, Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District). * * * * * * * * * * * * * 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. a. Outside rural villages. * * * * * * * * * * * * * (3) Allowable Uuses. * * * * * * * * * * * * * (b) Accessory uses. * * * * * * * * * * * * * iii. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site Page 4313 of 4908 DRAFT 8/07/24 Page 15 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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. * * * * * * * * * * * * * 3. Neutral lands. Neutral lands have been identified for limited semi-rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: a. Allowable uses. The following uses are permitted as of right: * * * * * * * * * * * * * (2) Accessory uses. The following uses are permitted as accessory to uses permitted as of right or to approved conditional uses: * * * * * * * * * * * * * (b) 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. * * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 3.05.07 – PRESERVATION STANDARDS Section 3.05.07, Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.07 - Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. H. Preserve standards. 2. Design standard Page 4314 of 4908 DRAFT 8/07/24 Page 16 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. * * * * * * * * * * * * * 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 preliminary and final 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." * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 4.03.03 – SUBDIVISION EXEMPTIONS Section 4.03.03, Subdivision Exemptions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.03 - Subdivision Exemptions 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 Page 4315 of 4908 DRAFT 8/07/24 Page 17 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. the terms of the applicable exemptions. Procedures for application, review, and decision regarding 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 preliminary 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 preliminary 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 subdivision 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 plat (PSP) 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. 1. 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 Page 4316 of 4908 DRAFT 8/07/24 Page 18 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." 2. 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 . * * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 4.06.2 – BUFFER REQUIREMENTS Section 4.06.02, Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.02 – Buffer 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 (CPDPSP) 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 CPDPSP 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 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. Page 4317 of 4908 DRAFT 8/07/24 Page 19 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. * * * * * * * * * * * * * SUBSECTION 3.I. AMENDMENTS TO SECTION 5.04.04 – MODEL HOMES AND MODEL SALES CENTERS Section 5.04.04, Model Homes and Model Sales Centers, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.04 Model Homes and Model Sales Centers * * * * * * * * * * * * * 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 preliminary 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 preliminary subdivision plat submittal documents. * * * * * * * * * * * * * SUBSECTION 3.J. AMENDMENTS TO SECTION 6.01.02 – EASEMENTS Section 6.01.02, Easements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.02 Easements If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat and dedicated on the final subdivision plat. * * * * * * * * * * * * * Page 4318 of 4908 DRAFT 8/07/24 Page 20 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum setback as required by the LDC, or other setback that may be approved as a deviation through the PUD approval process by the Board of County Commissioners from the boundary of such protected/preserve area in which no principle structure may be constructed. The required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the County Manager or designee; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary. Additional regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted or simply identified by a recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents 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 and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. SUBSECTION 3.K. AMENDMENTS TO SECTION 6.05.01 – WATER MANAGEMENT REQUIREMENTS Section 6.05.01, Water Management Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 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. Page 4319 of 4908 DRAFT 8/07/24 Page 21 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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. * * * * * * * * * * * * * SUBSECTION 3.L. AMENDMENTS TO SECTION 6.06.01 – STREET SYSTEM REQUIREMENTS Section 6.06.01, Easements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 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 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 preliminary 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 preliminary subdivision plat approval process. * * * * * * * * * * * * * SUBSECTION 3.M. AMENDMENTS TO SECTION 10.02.01 – PRE-APPLICATION CONFERENCE REQUIRED Section 10.02.01, Pre-Application Conference Required, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 4320 of 4908 DRAFT 8/07/24 Page 22 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 10.02.01 Pre-Application Conference Required A. Subdivision review procedures. 1. Preapplication conference. Prior to formal filing of a preliminary 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 preliminary subdivision plat, improvement plans, final 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; anticipated utility sources; zoning classifications; and any other information needed for preparation and review of the preliminary 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 preliminary or final subdivision plat shall take, and the information which shall be contained within the preliminary or final subdivision plat and supporting documentation. * * * * * * * * * * * * * Page 4321 of 4908 DRAFT 8/07/24 Page 23 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. SUBSECTION 3.N. AMENDMENTS TO SECTION 10.02.04 – REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS Section 10.02.04, Requirements for Preliminary and Final Subdivision Plats, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 - Requirements for Preliminary and Final Subdivision Plats This section shall be read in conjunction with subdivision design standards, in particular, LDC Chapters 3, 4, and 6. A. Requirements for Preliminary Subdivision Plats (PSP) Conceptual Plat with Deviations (CPD). 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 subdivision 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. 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 subdivision conceptual plats with deviations. a. The Administrative Code shall establish the process and submittal requirements for a preliminary subdivision conceptual plat with deviations. b. A preliminary subdivision conceptual plat with deviations shall include the entire property to be subdivided and recorded. c. The preliminary subdivision conceptual plat with deviations shall be prepared by the applicant's professional engineer and professional surveyor and mapper. Page 4322 of 4908 DRAFT 8/07/24 Page 24 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. d. The boundary survey for the preliminary subdivision 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 subdivision 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 subdivision 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 preliminary subdivision conceptual plat with deviations, he it shall be stated in writing the reasons for such denial, including and shall cite the applicable code or regulatory basis for the conditions or denial. 4. Amendments. Any amendment to the approved preliminary subdivision 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 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 subdivision 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 subdivision 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 preliminary subdivision Page 4323 of 4908 DRAFT 8/07/24 Page 25 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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 subdivision 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 preliminary subdivision conceptual plat with deviations, nor shall the County be estopped to deny any rezoning in which a preliminary subdivision 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." 1. Generally. Final subdivision plat approval by the Board of County Commissioners is required before a final subdivision plat can be recorded. a. No final subdivision plat shall be approved by the Board until the construction plans have been reviewed and accepted by the County Manager or designee, except for a minor final subdivision plat pursuant to LDC section 10.02.04 D. b. The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. c. The required improvements shall be completed prior to recordation of the final subdivision plat unless the applicant files a subdivision performance security as identified in LDC section 10.02.04 F with the County. d. Where approval of construction plans and final subdivision plats will lead to the level of service for any public facility being reduced below the level established by the growth management plan for Collier County, the County shall deny approval to proceed with development until the requirements of LDC section 10.02.07 have been met. 2. Application for Construction Plans and Final Subdivision Plats. a. The Administrative Code shall establish the process and the submittal requirements for construction plans and final subdivision plats. For projects incorporating townhouse development on fee simple lots, additional submittal requirements are required and identified in the Administrative Code. All requirements established in this section shall also apply to townhouse development on fee simple lots. b. Construction plans for all of the improvements required by this section shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. Page 4324 of 4908 DRAFT 8/07/24 Page 26 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. c. Final subdivision plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. The final subdivision plat shall be prepared in accordance with the provisions of F.S. ch. 177, as may be amended, and 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. d. The final subdivision plat shall conform to the approved preliminary subdivision conceptual plat with deviations and shall constitute only that portion of the approved preliminary subdivision 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 responsibility for approval, including all federal, state, and local agencies. Construction plans for final subdivision plats shall include at a minimum: i. Streets, sidewalks, paving, grading, and stormwater management (drainage); ii. 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 Page 4325 of 4908 DRAFT 8/07/24 Page 27 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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. 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 Page 4326 of 4908 DRAFT 8/07/24 Page 28 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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. 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 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., and the construction and maintenance agreement shall be in accordance with LDC section 10.02.04.F.3.e when utilizing F.S. 177.073. Page 4327 of 4908 DRAFT 8/07/24 Page 29 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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. i. 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”. i. .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, 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. Page 4328 of 4908 DRAFT 8/07/24 Page 30 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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). 1. 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 preliminary subdivision plat is submitted or approved. b. 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. * * * * * * * * * * * * * F. Recordation of the Final Subdivision Plat. 1. 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 at Board approval when utilizing 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. b. 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. i. 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. Page 4329 of 4908 DRAFT 8/07/24 Page 31 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. ii. 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 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: i. Construction, maintenance, and escrow agreement, or ii. 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. b. The applicant shall provide 3 copies and 1 mylar of the recorded final subdivision plat and accompanying documents to the County Manager or designee. Page 4330 of 4908 DRAFT 8/07/24 Page 32 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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: i. A legal description of at least the lands being platted; ii. 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; 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 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 Board approval, if building permits are issued when utilizing F.S. 177.073 or at the time of recording the final plat. f. 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 Page 4331 of 4908 DRAFT 8/07/24 Page 33 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. 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. h. 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. * * * * * * * * * * * * * SUBSECTION 3.O. AMENDMENTS TO SECTION 10.02.14 – LANDSCAPE PLANS Section 10.02.14, Landscape Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.14 Landscape Plans A. Landscape plan required. Prior to the issuance of any preliminary 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. * * * * * * * * * * * * * SUBSECTION 3.P. AMENDMENTS TO SECTION 10.08.00 – CONDITIONAL USE PROCEDURES Section 10.08.00, Conditional Use Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.08.00 Conditional Use Procedures Page 4332 of 4908 DRAFT 8/07/24 Page 34 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. * * * * * * * * * * * * * I. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary 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. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. Page 4333 of 4908 DRAFT 8/07/24 Page 35 of 35 Words struck through are deleted, words underlined are added (****) Denotes break in text. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of _____________, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk Chris Hall, Chairman Approved as to form and legality: __________________________ Heidi Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/____ (__/__/__) 24-LDS-00330/46 (__/__/__) Page 4334 of 4908 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 24, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW FOR ISSUANCE OF BUILDING PERMITS AFTER BOARD APPROVAL OF FINAL SUBDIVISION PLATS BUT BEFORE RECORDATION, AND RENAMING OPTIONAL PRELIMINARY SUBDIVISION PLATS TO CONCEPTUAL PLAT WITH DEVIATIONS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS; CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, AND SECTION 2.08.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE – RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.03 SUBDIVISION EXEMPTIONS, AND SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE – SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS; CHAPTER SIX – INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS, SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS; AND CHAPTER TEN – APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.01 PRE-APPLICATION CONFERENCE REQUIRED, SECTION 10.02.04 REQUIREMENTS FOR SUBDIVISION PLATS, SECTION 10.02.14 LANDSCAPE PLANS, AND SECTION 10.08.00 CONDITIONAL USE PROCEDURES, SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20240008157] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Page 4335 of 4908 As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Yani Fernandez, Deputy Clerk (SEAL) Page 4336 of 4908